Pages 36339±36634 Vol. 60 7±17±95 No. 136 federal register July 17,1995 Monday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 136 Monday, July 17, 1995 Agricultural Marketing Service Education Department RULES NOTICES Potatoes (Irish) grown in— Meetings: Idaho and Oregon, 36339–36340 National Assessment Governing Board, 36406–36408 Postsecondary education: Agriculture Department Federal Perkins loan program expanded lending option; See Agricultural Marketing Service institutional agreement for participation, 36408– See Forest Service 36409 Bonneville Power Administration Employment and Training Administration NOTICES NOTICES Transmission and wholesale power rates: Job Training Partnership Act: Proposed modification, 36464–36522 Migrant and seasonal farmworker programs; final allocations; correction, 36437–36439 Centers for Disease Control and Prevention Permanent labor certification program; reengineering; NOTICES comment request, 36440–36444 Grants and cooperative agreements; availability, etc.: National physical activity program, 36430–36431 Energy Department Meetings: See Bonneville Power Administration Injury Prevention and Control Advisory Committee, See Federal Energy Regulatory Commission 36431–36432 Environmental Protection Agency Coast Guard RULES RULES Air quality implementation plans; approval and Drawbridge operations: promulgation; various States: Massachusetts, 36357–36359 Kansas, 36361–36364 New Jersey, 36359–36361 PROPOSED RULES Regattas and marine parades: Air quality implementation plans; approval and Columbia Unlimited Hydroplane Races, 36355 promulgation; various States: Miami Super Boat National Championship, 36355–36356 Kansas, 36377 Washington Summer Festival, 36356–36357 Hazardous waste: PROPOSED RULES Identification and listing— Ports and waterways safety: Dye and pigment production, 36377–36378 Cuyahoga River, OH; safety zone, 36374–36376 NOTICES NOTICES Agency information collection activities under OMB Committees; establishment, renewal, termination, etc.: review, 36413–36414 Prince William Sound Regional Citizens’ Advisory Air programs; fuel and fuel additive waivers: Council, 36453–36454 Ethyl Corp., 36414 Meetings: Commerce Department Environmental Policy and Technology National Advisory See National Oceanic and Atmospheric Administration Council, 36414 See Patent and Trademark Office Toxic and hazardous substances control: Confidential Business Information Security Manual; Committee for the Implementation of Textile Agreements availability, 36414–36415 NOTICES Premanufacture notices receipts, 36598–36627 Cotton, wool, and man-made textiles: Hong Kong; correction, 36462 Executive Office of the President See Trade Representative, Office of United States Consumer Product Safety Commission NOTICES Export-Import Bank Settlement agreements: NOTICES Howland Caribbean Corp., 36403–36405 Meetings; Sunshine Act, 36461 Defense Department Farm Credit Administration See Uniformed Services University of the Health Sciences NOTICES NOTICES Farm credit system institutions; proposed related services; Agency information collection activities under OMB real estate brokerage, farm management, and mineral review, 36405 management; approval request, 36415–36416 Federal Acquisition Regulation (FAR): Meetings; Sunshine Act, 36461 Agency information collection activities under OMB review, 36405–36406 Federal Aviation Administration Meetings: RULES Science Board task forces, 36405 Class C and E airspace, 36340–36341 IV Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Contents Class D airspace, 36341–36342 Fish and Wildlife Service Class D and E airspace, 36342–36345 PROPOSED RULES Class E airspace, 36345–36346 Alaska National Wildlife Refuges: Standard instrument approach procedures, 36346–36352 Alaska Peninsula/Becharof National Wildlife Refuge PROPOSED RULES Complex; public use regulations, 36576–36580 Class E airspace, 36370–36374 Endangered and threatened species: Class E airspace; correction, 36462 Findings on petitions, etc.— NOTICES Say’s spiketail dragonfly, 36380–36382 Advisory circulars; availability, etc.: Northern spotted owl, 36382 Civil aircraft parts dealers and distributors; voluntary Importation, exportation, and transportation of wildlife: accreditation program, 36454 Polar bear trophies importation from Canada— Exemption petitions; summary and disposition, 36454– Legal and scientific findings, 36382–36400 36456 NOTICES Environmental statements; availability, etc.: Federal Communications Commission Incidental take permits— RULES Humboldt County, CA; northern spotted owl, etc., Common carrier services: 36432–36433 Multipoint distribution service and instructional television fixed service, including electronic filing Food and Drug Administration and competitive bidding; filing procedures, 36524– RULES 36562 Food additives: PROPOSED RULES Substances used in food-contact articles; regulation Radio stations; table of assignments: threshold, 36582–36596 California, 36378 NOTICES Forest Service Agency information collection activities under OMB NOTICES review, 36416–36417 Hydropower applications; policy and procedures; comment Rulemaking proceeding; petitions filed, granted, denied, request, 36401 etc., 36417 General Services Administration Federal Energy Regulatory Commission NOTICES NOTICES Federal Acquisition Regulation (FAR): Electric rate and corporate regulation filings: Agency information collection activities under OMB Allegheny Generating Co. et al., 36409–36410 review, 36405–36406 Natural gas certificate filings: Transcontinental Gas Pipeline Corp. et al., 36410–36412 Health and Human Services Department Applications, hearings, determinations, etc.: See Centers for Disease Control and Prevention ANR Pipeline Co., 36412 See Food and Drug Administration Mississippi River Transmission Corp., 36412–36413 Wisconsin Public Service Corp., 36413 Indian Affairs Bureau NOTICES Federal Housing Finance Board Liquor and tobacco sale or distribution ordinance: NOTICES Confederated Tribes of Chehalis Reservation, WA, 36564– Federal home loan bank system: 36565 Community support review— Narragansett Indian tribe, RI, 36568–36574 Selection of members, 36418–36428 Interior Department Federal Reserve System See Fish and Wildlife Service See Indian Affairs Bureau NOTICES Federal Open Market Committee: See Land Management Bureau Domestic policy directives, 36428–36429 See National Park Service Applications, hearings, determinations, etc.: See Surface Mining Reclamation and Enforcement Office First Banks, Inc., 36429 First Commerce Corp. et al., 36429–36430 Internal Revenue Service NOTICES Taxable substances, imported: Federal Retirement Thrift Investment Board Methyl methacrylate, 36457–36458 RULES Monoethanolamine, etc., 36458–36459 Thrift savings plan: Toluenediamine, 36459–36460 Investment funds; participant choices, 36630–36634 Interstate Commerce Commission Federal Transit Administration NOTICES NOTICES Railroad operation, acquisition, construction, etc.: Transfer of federally assisted land or facility: Berkman Rail Services, Inc., 36434 Union City Bus Maintenance Facility, Union City, NJ, Railroad services abandonment: 36456–36457 CSX Transportation, Inc., 36433–36434 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Contents V Justice Department Patent and Trademark Office NOTICES RULES Agency information collection activities under OMB Patent cases: review, 36434–36437 Twenty-year patent term and provisional applications; implementation Labor Department Correction, 36462 See Employment and Training Administration NOTICES Postal Service Committees; establishment, renewal, termination, etc.: PROPOSED RULES Employee Welfare and Pension Benefit Plans Advisory Domestic Mail Manual: Council, 36437 Physical mailpiece dimensions, addressing, and address placement standards; withdrawn, 36376–36377 Land Management Bureau NOTICES Public Health Service Realty actions; sales, leases, etc.: See Centers for Disease Control and Prevention Wyoming; correction, 36432 See Food and Drug Administration Securities and Exchange Commission National Aeronautics and Space Administration NOTICES NOTICES Applications, hearings, determinations, etc.: Federal Acquisition Regulation (FAR): Equitable Life Assurance Society of the United States et Agency information collection activities under OMB al., 36449–36452 review, 36405–36406 Small Business Administration National Highway Traffic Safety Administration NOTICES PROPOSED RULES Disaster loan areas: Motor vehicle safety standards: Kentucky, 36452 Lamps, reflective devices, and associated equipment— Maryland, 36452 Headlamp humidity test requirements; alternative Virginia, 36452–36453 performance requirement; petition denied, 36378– 36380 Surface Mining Reclamation and Enforcement Office RULES National Oceanic and Atmospheric Administration Permanent program and abandoned mine land reclamation RULES plan submissions: Pacific Halibut Commission, International: Ohio, 36352–36355 Pacific halibut fisheries, 36364–36365 NOTICES Textile Agreements Implementation Committee Meetings: See Committee for the Implementation of Textile Gulf of Mexico Fishery Management Council, 36401 Agreements Mid-Atlantic Fishery Management Council, 36401–36402 South Atlantic Fishery Management Council, 36402 Thrift Supervision Office Permits: PROPOSED RULES Marine mammals and endangered and threatened species, Savings associations: 36402 Suspicious activity reports and other reports and statements, 36366–36370 National Park Service NOTICES NOTICES Agency information collection activities under OMB Meetings: review, 36460 Indian Memorial Advisory Committee, 36433 Trade Representative, Office of United States Underground Railroad Advisory Committee, 36433 NOTICES Harmonized Tariff Schedule (HTS) changes; President’s Nuclear Regulatory Commission report; availability, 36449 NOTICES Agency information collection activities under OMB Transportation Department review, 36445 See Coast Guard Meetings: See Federal Aviation Administration Nuclear Safety Research Review Committee, 36445 See Federal Transit Administration Reports; availability, etc.: See National Highway Traffic Safety Administration Non-power reactors; licensing applications format and NOTICES content guidance and review plan and acceptance Aviation proceedings: criteria, 36445–36446 Agreements filed; weekly receipts, 36453 Applications, hearings, determinations, etc.: Certificates of public convenience and necessity and Entergy Operations, Inc., 36446–36447 foreign air carrier permits; weekly applications, PECO Energy Co. et al., 36447–36448 36453 Pennsylvania Power & Light Co.; correction, 36449 Treasury Department Office of United States Trade Representative See Internal Revenue Service See Trade Representative, Office of United States See Thrift Supervision Office VI Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Contents NOTICES Part VII Meetings: Department of Health and Human Services, Food and Drug Financial Services Advisory Commission, 36457 Administration, 36582–36596 Uniformed Services University of the Health Sciences NOTICES Part VIII Meetings; Sunshine Act, 36461 Environmental Protection Agency, 36598–36627 Separate Parts In This Issue Part IX Federal Retirement Thrift Investment Board, 36630–36634 Part II Department of Energy, Bonneville Power Administration, 36464–36522 Reader Aids Part III Additional information, including a list of public laws, Federal Communications Commission, 36524–36562 telephone numbers, and finding aids, appears in the Reader Part IV Aids section at the end of this issue. Department of Interior, Indian Affairs Bureau, 36564–36565 Part V Department of Interior, Indian Affairs Bureau, 36568–36574 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part VI numbers, Federal Register finding aids, and a list of Department of Interior, Fish and Wildlife Service, 36576– documents on public inspection is available on 202–275– 36580 1538 or 275–0920. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 5 CFR 1601...... 36630 7 CFR 945...... 36339 12 CFR Proposed Rules: 563...... 36366 14 CFR 71 (7 documents) ...... 36340, 36341, 36342, 36343, 36344, 36345, 36346 97 (3 documents) ...... 36346, 36349, 36350 Proposed Rules: 71 (6 documents) ...... 36370, 36371, 36372, 36373, 36462 21 CFR 5...... 36582 25...... 36582 170...... 36582 171...... 36582 174...... 36582 30 CFR 935...... 36352 33 CFR 100 (3 documents) ...... 36355, 36356 117 (2 documents) ...... 36357, 36359 Proposed Rules: 165...... 36374 37 CFR 1...... 36492 3...... 36492 39 CFR Proposed Rules: 111...... 36376 40 CFR 52...... 36361 Proposed Rules: 52...... 36377 261...... 36377 271...... 36377 302...... 36377 47 CFR 21...... 36524 Proposed Rules: 73...... 36378 49 CFR Proposed Rules: 571...... 36378 50 CFR 301...... 36364 Proposed Rules: 17 (2 documents) ...... 36380, 36382 18...... 36382 36...... 36576 36339 Rules and Regulations Federal Register Vol. 60, No. 136 Monday, July 17, 1995 This section of the FEDERAL REGISTER page number of this issue of the Federal hearing the Secretary would rule on the contains regulatory documents having general Register and will be available for public petition. The Act provides that the applicability and legal effect, most of which inspection in the Office of the Docket district court of the United States in any are keyed to and codified in the Code of Clerk during regular business hours. district in which the handler is an Federal Regulations, which is published under inhabitant, or has his or her principal 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: Martha Sue Clark, Marketing Order place of business, has jurisdiction in The Code of Federal Regulations is sold by Administration Branch, Fruit and equity to review the Secretary’s ruling the Superintendent of Documents. Prices of Vegetable Division, AMS, USDA, P.O. on the petition, provided a bill in equity new books are listed in the first FEDERAL Box 96456, room 2523–S, Washington, is filed not later than 20 days after the REGISTER issue of each week. DC 20090–6456, telephone 202–720– date of the entry of the ruling. 9918; or Dennis L. West, Northwest Pursuant to the requirements set forth Marketing Field Office, Fruit and in the Regulatory Flexibility Acct (RFA), DEPARTMENT OF AGRICULTURE Vegetable Division, AMS, USDA, Green- the Administrator of the Agricultural Marketing Service (AMS) has Agricultural Marketing Service Wyatt Federal Building, room 369, 1220 Southwest Third Avenue, Portland, OR considered the economic impact of this 7 CFR Part 945 97205, telephone 503–326–2724. rule on small entities. SUPPLEMENTARY INFORMATION: This rule The purpose of the RFA is to fit [Docket No. FV95±945±1IFR] is issued under Marketing Agreement regulatory actions to the scale of business subject to such actions in order Irish Potatoes Grown in Certain No. 98 and Order No. 945, both as that small businesses will not be unduly Designated Counties in Idaho, and amended (7 CFR part 945), regulating or disproportionately burdened. Malheur County, OR; Expenses and the handling of Irish potatoes grown in Marketing orders issued pursuant to the Assessment Rate designated counties in Idaho, and Malheur County, Oregon. The marketing Act, and the rules issued thereunder, are AGENCY: Agricultural Marketing Service, agreement and order are effective under unique in that they are brought about USDA. the Agricultural Marketing Agreement through group action of essentially ACTION: Interim final rule with request Act of 1937, as amended (7 U.S.C. 601– small entities acting on their own for comments. 674), hereinafter referred to as the Act. behalf. Thus, both statutes have small The Department of Agriculture entity orientation and compatibility. SUMMARY: This interim final rule (Department) is issuing this rule in There are approximately 2,100 authorizes expenditures and establishes conformance with Executive Order producers of Idaho-Eastern Oregon an assessment rate under Marketing 12866. potatoes under this marketing order, Order No. 945 for the 1995–96 fiscal This interim final rule has been and approximately 60 handlers. Small period. This rule also increases the level reviewed under Executive Order 12778, agricultural producers have been of authorized expenses for the 1993–94 Civil Justice Reform. Under the defined by the Small Business fiscal period. Authorization of this provisions of the marketing order now Administration (13 CFR 121.601) as budget enables the Idaho-Eastern in effect, Idaho-Eastern Oregon potatoes those having annual receipts of less than Oregon Potato Committee (Committee) are subject to assessments. Funds to $500,000, and small agricultural service to incur expenses that are reasonable administer the Idaho-Eastern Oregon firms are defined as those whose annual and necessary to administer the potato marketing order are derived from receipts are less than $5,000,000. The program. Authorization of the increase such assessments. It is intended that the majority of Idaho-Eastern Oregon potato in the level of authorized expenses for assessment rate as issued herein will be producers and handlers may be the 1993–94 fiscal period in necessary applicable to all assessable potatoes classified as small entities. because the Committee exceeded its handled during the 1995–96 fiscal The budget of expenses for the 1995– budget for that period. Funds to period, which begins August 1, 1995, 96 fiscal period was prepared by the administer this program are derived and ends July 31, 1996. This interim Idaho-Eastern Oregon Potato Committee, from assessments on handlers. final rule will not preempt any State or the agency responsible for local DATES: Section 945.248 is effective local laws, regulations, or policies, administration of the marketing order, August 1, 1995 through July 31, 1996. unless they present an irreconcilable and submitted to the Department for The amendment to § 945.246 is effective conflict with this rule. approval. The members of the August 1, 1993, through July 31, 1994. The Act provides that administrative Committee are producers and handlers Comments received by August 16, 1995, proceedings must be exhausted before of Idaho-Eastern Oregon potatoes. They will be considered prior to issuance of parties may file suit in court. Under are familiar with the Committee’s needs a final rule. section 608c(15)(A) of the Act, any and with the costs of goods and services ADDRESSES: Interested persons are handler subject to an order may file in their local area and are thus in a invited to submit written comments with the Secretary a petition stating that position to formulate an appropriate concerning this rule. Comments must be the order, any provision of the order, or budget. The budget was formulated and sent in triplicate to the Docket Clerk, any obligation imposed in connection discussed in a public meeting. Thus, all Fruit and Vegetable Division, AMS, with the order is not in accordance with directly affected persons have had an USDA, P.O. Box 96456, room 2523–S, law and requesting a modification of the opportunity to participate and provide Washington, DC 20090–6456, FAX 202– order or to be exempted therefrom. Such input. 720–5698. Comments should reference handler is afforded the opportunity for The assessment rate recommended by the docket number and the date and a hearing on the petition. After the the Committee was derived by dividing 36340 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations anticipated expenses by expected Pursuant to 5 U.S.C. 553, it is also DEPARTMENT OF TRANSPORTATION shipments of fresh Idaho-Eastern found and determined upon good cause Oregon potatoes. Because that rate will that it is impracticable, unnecessary, Federal Aviation Administration be applied to actual shipments, it must and contrary to the public interest to be established at a rate that will provide give preliminary notice prior to putting 14 CFR Part 71 sufficient income to pay the this rule into effect, and that good cause [Airspace Docket No. 95±AWA±2] Committee’s expenses. exists for not postponing the effective The Committee met June 6, 1995, and date of this rule until 30 days after Revocation of Class C and Class E unanimously recommended a 1995–96 publication in the Federal Register Airspace Areas, Merced, Castle AFB, budget of $111,732, $11,853 more than because: (1) The Committee needs to CA the previous year. Budget items for have sufficient funds to pay its expenses 1995–96 which have increased which are incurred on a continuous AGENCY: Federal Aviation compared to those budgeted for 1994–95 basis; (2) the fiscal period begins on Administration (FAA), DOT. (in parentheses) are: Salaries, $63,232 August 1, 1995, and the marketing order ACTION: Final rule. ($55,479), meetings and miscellaneous, requires that the rate of assessment for SUMMARY: $2,500 ($2,000), Federal payroll taxes, the fiscal period apply to all assessable This rule revokes the Class C $5,300 ($4,700), and reserve/auto Idaho-Eastern Oregon potatoes handled and Class E airspace areas at Merced, purchase, $9,000 ($6,000). All other during the fiscal period; (3) handlers are Castle Air Force Base (AFB), CA, as a items are budgeted at least year’s aware of this action which was result of the scheduled closure of the amounts. unanimously recommended by the Castle AFB on September 5, 1995. The Committee also unanimously Committee at a public meeting and is EFFECTIVE DATE: 0901 UTC, September 5, recommended an assessment rate of similar to other budget actions issued in 1995. $0.0026 per hundredweight, the same as past years; and (4) this interim final rule FOR FURTHER INFORMATION CONTACT: each year for the past decade. This rate, provides a 30-day comment period, and Norman W. Thomas, Airspace and when applied to anticipated shipments all comments timely received will be Obstruction Evaluation Branch (ATP– of 34,000,000 hundredweight, will yield considered prior to finalization of this 240), Airspace-Rules and Aeronautical $88,400 in assessment income. This, rule. Information Division, Air Traffic Rules and Procedures Service, Federal along with $23,332 from the List of Subjects in 7 CFR Part 945 Committee’s authorized reserve, will be Aviation Administration, 800 adequate to cover budgeted expenses. Marketing agreements, Potatoes, Independence Avenue, SW., Funds in the Committee’s authorized Reporting and recordkeeping Washington, DC 20591; telephone: (202) reserve at the beginning of the 1995–96 requirements. 267–9230. fiscal period, estimated at about For the reasons set forth in the SUPPLEMENTARY INFORMATION: $80,000, will be within the maximum preamble, 7 CFR part 945 is amended as permitted by the order of one fiscal follows: The Rule period’s expenses. This amendment to part 71 of the The 1993–94 budget was published in PART 945ÐIRISH POTATOES GROWN Federal Aviation Regulations (14 CFR the Federal Register as an interim final IN CERTAIN DESIGNATED COUNTIES part 71) revokes the Class C and Class rule on July 16, 1993 (58 FR 38274) and IN IDAHO AND MALHEUR COUNTY, E airspace areas at Merced, Castle AFB, finalized on October 28, 1993 (58 FR OREGON CA. The FAA is revoking these airspace 57957). That rule authorized Committee 1. The authority citation for 7 CFR areas as a result of the scheduled expenses of $98,942. The Committee Part 945 continues to read as follows: closure of the Castle AFB on September exceeded its authorized expenses by 5, 1995, including the closure of the $713, for total expenses of $99,655. Authority: 7 U.S.C. 601–674. Castle AFB air traffic operations, and its Funds to cover this increase were taken Note: These sections will not appear in the weather reporting capabilities. I find from the Committee’s authorized Code of Federal Regulations. that notice and public procedure under reserve. The 1993–94 budget is § 945.246 [Amended] 5 U.S.C. 553(b) are unnecessary because amended to cover this increase. 2. Section 945.246 is amended by this action is a minor technical While this rule will impose some removing ‘‘$98,942’’ and adding in its amendment in which the public is not additional costs on handlers, the costs place ‘‘$99,655.’’ particularly interested. Class C and E are in the form of uniform assessments 3. A new § 945.248 is added to read airspace designations are published in on all handlers. Some of the additional as follows: paragraphs 4000 and 6003, respectively, costs may be passed on to producers. of FAA Order 7400.9B dated July 18, However, these costs will be offset by § 945.248 Expenses and assessment rate. 1994, and effective September 16, 1994, the benefits derived by the operation of Expenses of $111,732 by the Idaho- which is incorporated by reference in 14 the marketing order. Therefore, the Eastern Oregon Potato Committee are CFR 71.1. The Class C and Class E Administrator of the AMS has authorized, and an assessment rate of airspace designations listed in this determined that this rule will not have $0.0026 per hundredweight of document will be removed subsequently a significant economic impact on a assessable potatoes is established for the from the Order. substantial number of small entities. fiscal period ending July 31, 1996. Regulatory Evaluation Summary After consideration of all relevant Unexpended funds may be carried over matter presented, including the as a reserve. Proposed changes to Federal information and recommendations regulations must undergo several submitted by the Committee and other Dated: July 11, 1995. economic analyses. First, Executive available information, it is hereby found Sharon Bomer Lauritsen, Order 12866 directs that each Federal that this rule, as hereinafter set forth, Deputy Director, Fruit and Vegetable Division. agency shall propose or adopt a will tend to effectuate the declared [FR Doc. 95–17385 Filed 7–14–95; 8:45 am] regulation only upon a reasoned policy of the Act. BILLING CODE 3410±02±P determination that the benefits of the Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36341 intended regulation justify its costs. AFB, CA. The final rule will not have made during reclassification of the Second, the Regulatory Flexibility Act international trade ramifications airspace. During reclassification, the of 1980 requires agencies to analyze the because it is a domestic airspace matter airspace was described by reference to economic effect of regulatory changes that will not impose additional costs or the 159° radial off the Kelly Tactical Air on small entities. Third, the Office of requirements on affected entities. Navigation (TACAN), rather than the Management and Budget directs correct 339° radial. This action is List of Subjects in 14 CFR Part 71 agencies to assess the effect of intended to correct the Class D airspace regulatory changes on international Airspace, Incorporation by reference, description by correcting the radial to be trade. In conducting these analyses, the Navigation (air). flown by aircraft executing the standard FAA has determined that this final rule Adoption of the Amendment instrument approach procedures at will generate benefits that justify its Kelly AFB, San Antonio, TX. In consideration of the foregoing, the costs and is not ‘‘a significant regulatory EFFECTIVE DATE: 0901 UTC, September action’’ as defined in the Executive Federal Aviation Administration amends 14 CFR part 71 as follows: 14, 1995. Order and the Department of Comment Date: Comments must be Transportation Regulatory Policies and received on or before September 7, Procedures. The final rule will not have PART 71Ð[AMENDED] 1995. a significant impact on a substantial 1. The authority citation for 14 CFR ADDRESSES: number of small entities and will not part 71 is revised to read as follows: Send comments on the rule constitute a barrier to international in triplicate to Manager, System Authority: 49 U.S.C. 40103, 40113, 40120; Management Branch, Air Traffic trade. These analyses, available in the E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 docket, are summarized below. Division, Federal Aviation Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Administration Southwest Region, The final rule is cost-relieving in 11.69. nature. It will provide reduced Docket No. 95–ASW–05, Fort Worth, TX navigation costs for pilots who navigate § 71.1 [Amended] 76193–0530. The official docket may be around the current Class C airspace 2. The incorporation by reference in examined in the Office of the Assistant area. Pilots will no longer face the 14 CFR 71.1 of Federal Aviation Chief Counsel, Federal Aviation operational requirements (i.e. Administration Order 7400.9B, Airspace Administration, Southwest Region, 2601 communicating and complying with air Designations and Reporting Points, Meacham Boulevard, Room 663, Fort traffic control) of Class C airspace in dated July 18, 1994, and effective Worth, TX, between 9 AM and 3 PM, that area. In addition, since Castle AFB September 16, 1994, is amended as Monday through Friday, except Federal is being closed, the primary source of follows: holidays. An informal docket may also the aircraft traffic volume and be examined during normal business Paragraph 4000—Subpart C-Class C Airspace complexity will be removed. This hours at the System Management means that revoking the Class C and * * * * * Branch, Air Traffic Division, Federal Class E airspace areas will not AWP CA C Merced, Castle AFB, CA Aviation Administration, Southwest compromise safety. Therefore, the FAA [Removed] Region, Room 414, Fort Worth, TX. finds the final rule to be cost-beneficial. * * * * * FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Determination Paragraph 6003–Subpart E-Class E Airspace Donald J. Day, System Management Areas Designated as an Extension to a Class Branch, Air Traffic Division, Southwest The Regulatory Flexibility Act of 1980 Region, Federal Aviation (RFA) was enacted by Congress to C Surface Area. * * * * * Administration, Fort Worth, TX 76193– ensure that small entities are not 0530, telephone 817–222–5593. unnecessarily and disproportionately AWP CA E3 Merced, Castle AFB, CA burdened by Federal regulations. The [Removed] SUPPLEMENTARY INFORMATION: RFA requires a Regulatory Flexibility * * * * * Request for Comments on the Rule Analysis if a final rule will have ‘‘a Issued in Washington, DC, on June 29, significant economic impact on a 1995. Although this action is a final rule, which involves the revision of Class D substantial number of small entities.’’ Harold W. Becker, The final rule is cost-relieving in nature airspace at Kelly AFB, San Antonio, TX, Manager, Airspace-Rules and Aeronautical and was not preceded by notice and and will not impose any costs on small Information Division. public procedure, comments are invited entities. Thus, the final rule will not [FR Doc. 95–17405 Filed 7–14–95; 8:45 am] result in ‘‘a significant economic impact on the rule. This rule will become BILLING CODE 4910±13±P on a substantial number of small effective on September 14, 1995. entities.’’ However, after the review of any 14 CFR Part 71 comments and, if the FAA finds that International Trade Impact Assessment further changes are appropriate, it will The final rule will not constitute a [Airspace Docket No. 95±ASW±05] initiate rulemaking proceedings to barrier to international trade, including extend the effective date or to amend the export of U.S. goods and services to Revision of Class D Airspace; Kelly Air the regulation. foreign countries and the import of Force Base, San Antonio, TX Interested parties are invited to foreign goods and services into the AGENCY: Federal Aviation participate in this rulemaking United States. The final rule will not Administration (FAA), DOT. proceeding by submitting written impose costs on aircraft operators or ACTION: Final rule; request for comments on the proposal to the FAA. aircraft manufacturers in the United comments. Comments that provide the factual basis States or foreign countries. The supporting the views and suggestions revocation of the Class C and Class E SUMMARY: This action revises the Class presented are particularly helpful in airspace areas will only affect U.S. D airspace at Kelly Air Force Base evaluating the effects of the rule, and in terminal airspace operating procedures (AFB), San Antonio, TX. This revision determining whether additional at and in the vicinity of Merced, Castle of Class D airspace results from an error rulemaking is required. 36342 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations Class D airspace designations are Designations and Reporting Points, SUPPLEMENTARY INFORMATION: published in Paragraph 5000 of FAA dated July 18, 1994, and effective History Order 7400.9B dated July 18, 1994, and September 16, 1994, is amended as effective September 16, 1994, which is follows: On May 9, 1995, the FAA proposed to incorporated by reference in 14 CFR Paragraph 5000 General amend part 71 of the Federal Aviation 71.1. The Class D airspace designation * * * * * Regulations (14 CFR part 71) by listed in this document will be modifying the Class D and E airspace published subsequently in the Order. ASW TX D San Antonio Kelly AFB, TX areas at Mountain View, CA (60 FR [Revised] The Rule 24593). This action is necessary due to San Antonio, Kelly AFB, TX the renaming of Moffett Field NAS, CA, This amendment to part 71 of the (Lat. 29°22′49′′N, long. 98°35′03′′W) Federal Aviation Regulations (14 CFR San Antonio, Standard Airport, TX to Moffett Federal AFLD, CA. This part 71) revises the Class D airspace, (Lat. 29°20′29′′N, long. 98°39′35′′W) action also revises the Class D airspace Kelly TACAN area at Mountain View, CA, to indicate providing controlled airspace for ° ′ ′′ ° ′ ′′ terminal instrument operations at Kelly (Lat. 29 18 31 N, long. 98 32 58 W) when this airspace is effective. San Antonio, Stinson Municipal Airport, TX AFB, San Antonio, TX. The current (Lat. 29°20′13′′N, long. 98°28′16′′W). Interested parties were invited to Class D airspace was described by participate in this rulemaking ° That airspace extending upward from the reference to the 159 radial off the Kelly surface to and including 3,200 feet MSL proceeding by submitting written TACAN, when the intent was to within a 4.5-mile radius of Kelly AFB and comments on the proposal to the FAA. ° describe it by reference to the 339 within 1.5 miles each side of the 339° radial No comments to the proposal were radial. This rule corrects this mistake. of the Kelly TACAN extending from the 4.5- received. Class D and E airspace mile radius to 4.8 miles northwest of the Since this action merely involves the designations are published in revision of Class D airspace as a result airport excluding that airspace within a 1- paragraphs 5000, 6002, and 6004 of of an incorrectly identified radial from mile radius of the Standard Airport and FAA Order 7400.9B, dated July 18, the Kelly TACAN, notice and public excluding that airspace southeast of a line between the intersection of the 4.5 mile 1994, and effective September 16, 1994, procedure under 5 U.S.C. 553(b) are radius of the Kelly AFB and the 4.1-mile unnecessary. which is incorporated by reference in 14 radius of the Stinson Municipal Airport and CFR 71.1. The Class D and E airspace The FAA has determined that this excluding that airspace within the San regulation only involves an established Antonio International Airport, TX, Class C designations listed in this document body of technical regulations that need Airspace area. will be published subsequently in this frequent and routine amendments to * * * * * Order. keep them operationally current. It, Issued in Fort Worth, TX, on July 5, 1995. The Rule therefore—(1) is not a ‘‘significant Albert L. Viselli, regulatory action’’ under Executive Manager, Air Traffic Division, Southwest This amendment to part 71 of the Order 12866; (2) is not a ‘‘significant Region. Federal Aviation Regulations (14 CFR rule’’ under DOT Regulatory Policies [FR Doc. 95–17400 Filed 7–14–95; 8:45 am] part 71) amends the Class D and E and Procedures (44 FR 11034; February BILLING CODE 4910±13±M airspace areas at Mountain View, CA, by 26, 1979); and (3) does not warrant renaming Moffett Field NAS, CA, to preparation of a regulatory evaluation as Moffett Federal AFLD, CA, and revising the anticipated impact is so minimal. 14 CFR Part 71 the Class D airspace area at Mountain Since this is a routine matter that will [Airspace Docket No. 95±AWP±11] View, CA, to indicate when this only affect air traffic procedures and air airspace is effective. navigation, it is certified that this rule Amendment to Class D and E Airspace The FAA has determined that this will not have a significant economic Areas; Mountain View, CA impact on a substantial number of small regulation only involves an established entities under the criteria of the AGENCY: Federal Aviation body of technical regulations for which Regulatory Flexibility Act. Administration [FAA], DOT. frequent and routine amendments are ACTION: Final rule. necessary to keep them operationally List of Subjects in 14 CFR Part 71 current. Therefore, this regulation—(1) Airspace, Incorporation by reference, SUMMARY: This action amends the Class is not a ‘‘significant regulatory action’’ Navigation (air). D and E airspace areas at Mountain under Executive Order 12866; (2) is not View, CA. This action is necessary due Adoption of the Amendment a ‘‘significant rule’’ under DOT to the renaming of Moffett Field Naval Regulatory Policies and Procedures (44 Air Station (NAS), CA, to Moffett In consideration of the foregoing, the FR 10034; February 26, 1979); and (3) Federal Air Field (AFLD), CA. This Federal Aviation Administration does not warrant preparation of a amends 14 CFR part 71 as follows: action revises the Class D airspace area at Mountain View, CA, to indicate when Regulatory Evaluation as the anticipated PART 71Ð[AMENDED] this airspace area is effective. impact is so minimal. Since this is a routine matter that will only affect air 1. The authority citation for 14 CFR EFFECTIVE DATE: 0901 UTC, September 14, 1995. traffic procedures and air navigation, it part 71 continues to read as follows: is certified that this rule will not have FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 40103, 40113, 40120; Scott Speer, System Management a significant economic impact on a E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Specialist, System Management Branch, substantial number of small entities Comp., p. 389; 49 U.S.C. 106(g); 14 CFR under the criteria of the Regulatory 11.69. AWP–530, Air Traffic Division, Western-Pacific Region, Federal Flexibility Act. § 71.1 [Amended] Aviation Administration, 15000 List of Subjects in 14 CFR Part 71 2. The incorporation by reference in Aviation Boulevard, Lawndale, 24 CFR 71.1 of the Federal Aviation California 90261, telephone (310) 297– Airspace, Incorporation by reference, Administration Order 7400.9B, Airspace 0010. Navigation (air). Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36343 Adoption of the Amendment Paragraph 6004 Class E airspace areas action removes the part-time Class E2 designated as an extension to a Class D airspace. In consideration of the foregoing, the surface area. EFFECTIVE DATE: 0901 UTC, September Federal Aviation Administration * * * * * amends 14 CFR part 71 as follows: 14, 1995. AWP CA E4 Mountain View, CA [Revised] FOR FURTHER INFORMATION CONTACT: PART 71Ð[AMENDED] Moffett Federal AFLD, CA Angeline Perri, Air Traffic Division, (Lat. 37°24′55′′ N, long. 122°02′54′′ W) System Management Branch, AGL–530, 1. The authority citation for part 71 is San Jose VOR/DME Federal Aviation Administration, 2300 revised to read as follows: (Lat. 37°22′29′′ N, long. 121°56′41′′ W) East Devon Avenue, Des Plaines, Illinois Authority: 49 U.S.C. 40103, 40113, 40120; Moffett TACAN 60018, telephone (708) 294–7571. ° ′ ′′ ° ′ ′′ E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 (Lat. 37 25 57 N, long. 122 03 26 W) Comp., p. 389; 49 U.S.C. 106(g); 14 CFR That airspace extending upward from the SUPPLEMENTARY INFORMATION: 11.69. surface within 2.2 miles southwest and 1.8 History miles northeast of the Moffett TACAN 158° § 71.1 [Amended] radial, extending from the 4.3-mile radius of On May 2, 1995, the FAA proposed to 2. The incorporation by reference in Moffett Federal AFLD to 7 miles southeast of amend part 71 of the Federal Aviation the TACAN and within 1.8 miles each side Regulations (14 CFR part 71) to modify 14 CFR 71.1 of the Federal Aviation ° Administration Order 7400.9B, Airspace of the San Jose VOR 320 radial, extending the Class D airspace and remove the from the San Jose VOR/DME to 7 miles Class E2 airspace at Greater Rockford Designations and Reporting Points, northwest of the San Jose VOR/DME, dated July 18, 1994, and effective Airport, Rockford, IL (60 FR 21473). excluding the portion within the San Jose, Interested parties were invited to September 16, 1994, is amended as CA, Class C airspace area during the specific participate in this rulemaking follows: dates and times it is effective. This Class E proceeding by submitting written Paragraph 5000 Class D Airspace. airspace area is effective during the specific dates and times established in advance by a comments on the proposal to the FAA. * * * * * Notice to Airmen. The effective date and time No comments objecting to the proposal were received. Class D airspace AWP CA D Mountain View, CA [Revised] will thereafter be continuously published in the Airport/Facility Directory. designations and Class E airspace Moffett Federal AFLD, CA ° ′ ′′ ° ′ ′′ * * * * * designated as a surface area for an (Lat. 37 24 55 N, long. 122 02 54 W) airport are published in paragraphs San Jose International Airport, CA Issued in Los Angeles, California, on June (Lat. 37°21′42′′N, long. 121°55′43′′W) 29, 1995. 5000 and 6002 respectively of FAA Palo Alto of Santa Clara County Airport, CA James H. Snow, Order 7400.9B dated July 18, 1994, and (Lat. 37°27′40′′N, long. 122°06′54′′W) Acting Manager, Air Traffic Division, effective September 16, 1994, which is That airspace extending upward from the Western-Pacific Region. incorporated by reference in 14 CFR surface to but not including 1,500 feet MSL [FR Doc. 95–17404 Filed 7–14–95; 8:45 am] 71.1. The Class D and E airspace within a 4.3-mile radius of Moffett Federal BILLING CODE 4910±13±M designations listed in this document AFLD, excluding that airspace within the San will be published subsequently in the Jose, CA, Class C airspace area and excluding Order. the portion within the Palo Alto of Santa Clara County Airport, CA, Class D airspace 14 CFR Part 71 The Rule area during the specific dates and times it is This amendment to part 71 of the effective. This Class D airspace area is [Airspace Docket No. 95±AGL±1] effective during the specific dates and times Federal Aviation Regulations (14 CFR established in advance by a Notice to Modification of Class D Airspace and part 71) modifies the Class D airspace Airmen. The effective date and time will Removal of Class E Airspace, area and removes the Class E2 airspace thereafter be continuously published in the Rockford, IL area at Greater Rockford Airport, Airport/Facility Directory. Rockford, IL. The Rockford ATCT is a * * * * * AGENCY: Federal Aviation continuous (24 Hour a day) operation. Administration (FAA), DOT. The Class D airspace area’s effective Paragraph 6002 Class E airspace areas hours are hereby amended to coincide designate as a surface area for an airport ACTION: Final rule. with the associated control tower’s * * * * * SUMMARY: This action modifies the Class hours of operation, by changing the AWP CA E2 Mountain View, CA [Revised] D airspace area and removes the Class Class D airspace from part-time to full- Moffett Federal AFLD, CA E2 airspace area at Greater Rockford time. The Class E2 airspace was (Lat. 37°24′55′′ N, long. 122°02′54′′ W) Airport, Rockford, IL. The Rockford Air previously needed to clarify when two- San Jose International Airport, CA Traffic Control Tower (ATCT) is a way radio communication with the (Lat. 37°21′42′′ N, long. 121°55′43′′ W) continuous (24 Hour a day) operation. ATCT was required and to provide Palo Alto of Santa Clara County Airport, CA The Class D airspace area’s effective adequate Class E airspace for instrument (Lat. 37°27′40′′ N, long. 122°06′54′′ W) hours are hereby amended to coincide approach procedures when the control Within a 4.3-mile radius of Moffett Federal with the associated control tower’s tower was closed. The airspace is no AFLD excluding that airspace within the San hours of operation, by changing the longer needed since the ATCT is now a Jose, CA, Class C airspace area and excluding Class D airspace from part-time to full- continuous operation; therefore, this the portion within the Palo Alto of Santa time. The Class E2 airspace was action removes the part-time Class E2 Clara County Airport, CA, Class D airspace area during the specific dates and times it is previously needed to clarify when two- airspace. The appropriate publications effective. This Class E airspace area is way radio communication with the will be modified to provide the aviation effective during the specific dates and times ATCT was required and to provide public with updated information. established in advance by a Notice to adequate Class E airspace for instrument The FAA has determined that this Airmen. The effective date and time will approach procedures when the control regulation only involves an established thereafter be continuously published in the tower was closed. The airspace is no body of technical regulations for which Airport/Facility Directory. longer needed since the ATCT is now a frequent and routine amendments are * * * * * continuous operation; therefore, this necessary to keep them operationally 36344 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations current. Therefore, this regulation—(1) Issued in Des Plaines, Illinois on June 26, AFB ILS Localizer south course is not a ‘‘significant regulatory action’’ 1995. extending from the 5-mile radius to 6.6 under Executive Order 12866; (2) is not Roger Wall, miles south of Altus, AFB, and within a ‘‘significant rule’’ under DOT Manager, Air Traffic Division. 2 miles each side of the Altus AFB Regulatory Policies and Procedures (44 [FR Doc. 95–17394 Filed 7–14–95; 8:45 am] Localizer north course extending from FR 11034; February 26, 1979); and (3) BILLING CODE 4910±13±M the 5.0-mile radius to 7.6 miles north of does not warrant preparation of a Altus AFB’’. If any extensions to a Class Regulatory Evaluation as the anticipated D airspace extends beyond 2 miles, all impact is so minimal. Since this is a 14 CFR Part 71 extensions for the Class D airspace area routine matter that will only affect air will be classified as Class E airspace. [Airspace Docket No. 93±ASW±57] traffic procedures and air navigation, it The airspace extensions as described in is certified that this rule will not have Modification of Class D and Class E the NPRM would have lead to an a significant economic impact on a Airspace; Altus, OK incorrect classification of the airspace substantial number of small entities extensions as Class D airspace instead of under the criteria of the Regulatory AGENCY: Federal Aviation Class E airspace. The proposal should Flexibility Act. Administration (FAA), DOT. not have included the extension within ACTION: Final rule. the Class Description. Therefore, the List of Subjects in 14 CFR Part 71 narrative description of the Class D SUMMARY: This action modifies the Class Airspace, Incorporation by reference, airspace has been corrected to exclude D airspace at Altus, OK, by deleting the these extensions, and a separate Class E Navigation (air). 4-mile circle that surrounds Altus description has been added for this Adoption of the Amendment Municipal Airport, deletes the Class E airspace. Other than these changes, this airspace extension associated with Altus amendment is the same as that proposed In consideration of the foregoing, the Municipal Airport, and establishes a in the notice. The FAA has determined Federal Aviation Administration Class E airspace extension necessary for that these changes will not increase the amends 14 CFR part 71 as follows: instrument flight rule (IFR) operations at scope of this rule since they are Altus Air Force Base (AFB). The Class relieving in nature, i.e., redesignating PART 71Ð[AMENDED] D airspace at Altus Municipal Airport proposed Class D airspace to less and the Class E airspace upward from restrictive Class E airspace. 1. The authority citation for 14 part 71 the surface as an extension of the Class The coordinates for this airspace continues to read as follows: D airspace at Altus Municipal Airport docket are based on North American Authority: 49 U.S.C. 40103, 40113, 40120; are no longer required for IFR flight Datum 84. Class D airspace designations E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 activities at Altus, OK. The intended are published in paragraph 5000, and Comp., p. 389; 49 U.S.C. 106(g); 14 CFR effect of this action is to remove the Class E extensions to a Class D surface 11.69. Class D airspace beyond a 5-mile radius area are published in paragraph 6004 of of Altus, AFB, OK that encompasses FAA Order 7400.9B dated July 18, 1994, § 71.1 [Amended] Altus Municipal Airport, remove the and effective September 16, 1994, which 2. The incorporation by reference in Class E airspace that is an extension of is incorporated by reference in 14 CFR 14 CFR 71.1 of the Federal Aviation the Class D at Altus Municipal Airport, 7.1. The Class D and Class E airspace Administration Order 7400.9B, Airspace and to establish Class E airspace as an designations listed in this document Designations and Reporting Points, extension of the Class D surface airspace will be published subsequently in the dated July 18, 1994, and effective at Altus AFB, Altus, OK. Order. September 16, 1994, is amended as EFFECTIVE DATE: 0901 UTC, September The Rule follows: 14, 1995. This amendment to part 71 of the Paragraph 5000 General FOR FURTHER INFORMATION CONTACT: Federal Aviation Regulations (14 CFR * * * * * Donald J. Day, System Management part 71) modifies the Class D airspace at Branch, Air Traffic Division, Southwest Altus, OK, removes the existing Class E AGL IL D Rockford, IL [Revised] Region, Federal Aviation extension to the Altus, OK Class D Rockford, Greater Rockford Airport, IL Administration, Fort Worth, TX 76193– airspace, and establishes Class E (Lat. 42°11′46′′N, long. 89°05′36′′W) 0530, telephone 817–222–5593. airspace upward from the surface as Greater Rockford ILS Localizer extensions to the Altus AFB Class D ° ′ ′′ ° ′ ′′ SUPPLEMENTARY INFORMATION: (Lat. 42 12 36 N, long. 89 05 17 W) airspace at Altus, OK. GILMY LOM History The FAA has determined that this ° ′ ′′ ° ′ ′′ (Lat. 42 06 52 N, long. 89 05 55 W). On August 23, 1994, a proposal to regulation only involves an established That airspace extending upward from the amend part 71 of the Federal Aviation body of technical regulations that need surface to and including 3,200 feet MSL Regulations (14 CFR part 71) to revise frequent and routine amendments to within a 4.4-mile radius of the Greater the Class E airspace at Altus, OK was keep them operationally current. It, Rockford Airport and within 1.8 miles each published in the Federal Register (59 therefore—(1) is not a ‘‘significant side of the Greater Rockford Runway 36 ILS FR 43306). regulatory action’’ under Executive localizer course, extending south from the Interested parties were invited to Order 12866; (2) is not a ‘‘significant 4.4-mile radius to the GILMY LOM. participate in this rulemaking rule’’ under DOT Regulatory Policies * * * * * proceeding by submitting written and Procedures (44 FR 11034; February Paragraph 6002 Class E Airspace Areas comments on the proposal to the FAA. 26, 1979); and (3) does not warrant Designated as a Surface Area for an Airport No comments to the proposal were preparation of a regulatory evaluation as * * * * * received. The Notice of Proposed the anticipated impact is so minimal. Rulemaking described extensions to the Since this is a routine matter that will AGL IL E2 Rockford, IL [Removed] Class D airspace 5-mile radius as only affect air traffic procedures and air * * * * * ‘‘within 2 miles each side of the Altus navigation, it is certified that this rule Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36345 will not have a significant economic 14 CFR Part 71 necessary to keep them operationally impact on a substantial number of small current. Therefore, this regulation—(1) [Airspace Docket No. 95±AWP±10] entities under the criteria of the is not a ‘‘significant regulatory action’’ Regulatory Flexibility Act. Amendment of Class E Airspace Area under Executive Order 12866; (2) is not at Salinas, CA a ‘‘significant rule’’ under DOT List of Subjects in 14 CFR Part 71 Regulatory Policies and Procedures (44 Airspace, Incorporation by reference, AGENCY: Federal Aviation FR 10034; February 26, 1979); and (3) Navigation (air). Administration [FAA], DOT. does not warrant preparation of a ACTION: Final rule. Regulatory Evaluation as the anticipated Adoption of the Amendment impact is so minimal. Since this is a SUMMARY: This amendment modifies the routine matter that will only affect air In consideration of the foregoing, the Class E airspace area at Salinas, CA. traffic procedures and air navigation, it Federal Aviation Administration This action is necessary due to the is certified that this rule will not have amends 14 CFR part 71 as follows: closure of Fort Ord Fritzche Army Air a significant economic impact on a Field (AAF), CA. This amendment PART 71Ð[AMENDED] substantial number of small entities deletes Fort Ord Fritzche AAF, CA, from under the criteria of the Regulatory the Class E airspace area at Salinas, CA. 1. The authority citation for 14 CFR Flexibility Act. EFFECTIVE DATE: 0901 UTC, September part 71 continues to read as follows: List of Subjects in 14 CFR Part 71 14, 1995. Authority: 49 U.S.C. 40103, 40113, 40120; FOR FURTHER INFORMATION CONTACT: Airspace, Incorporation by reference, E.O. 10854; 24 FR 9565, 3 CFR 1959–1963 Scott Speer, System Management Navigation (air). Comp. p., 289; 49 U.S.C. 106(g); 14 CFR Specialist, System Management Branch, 11.69. Adoption of the Amendment AWP–530, Air Traffic Division, § 71.1 [Amended] Western-Pacific Region, Federal In consideration of the foregoing, the Aviation Administration, 15000 Federal Aviation Administration 2. The incorporation by references in Aviation Boulevard, Lawndale, amends 14 CFR part 71 as follows: 14 CFR 71.1 of the Federal Aviation California 90261, telephone (310) 297– Administration Order 7400.9B, Airspace 0010. PART 71Ð[AMENDED] Designations and Reporting Points, dated July 18, 1994, and effective SUPPLEMENTARY INFORMATION: 1. The authority citation for part 71 is September 16, 1994, is amended as History revised to read as follows: follows: On May 9, 1995, the FAA proposed to Authority: 49 U.S.C. 40103, 40113, 40120; Paragraph 5000 General amend part 71 of the Federal Aviation E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Regulations (14 CFR part 71) by Comp., p. 389; 49 U.S.C. 106(g); 14 CFR * * * * * 11.69. modifying the Class E airspace area at ASW OK D Altus, OK [Revised] Salinas, CA (60 FR 24594). This § 71.1 [Amended] Altus AFB, OK amendment is necessary due to the (Lat. 34°39′50′′ N, long. 99°16′26′′ W). 2. The incorporation by reference in closure of Fort Ord Fritzche AAF, CA. 14 CFR 71.1 of the Federal Aviation That airspace extending upward from the This action will remove Fort Ord Administration Order 7400.9B, Airspace surface to and including 3,900 feet MSL Fritzche AAF, CA, Class D airspace area Designations and Reporting Points, within a 5-mile radius of Altus AFB. from the Class E airspace description at dated July 18, 1994, and effective * * * * * Salinas, CA. September 16, 1994, is amended as Interested parties were invited to follows: Paragraph 6004 Class E Airspace Areas participate in this rulemaking Designated as an Extension to a Class D Paragraph 6004 Class E airspace areas Surface Area proceeding by submitting written comments on the proposal to the FAA. designated as an extension to a Class D * * * * * No comments to the proposal were surface area. ASW OK E4 Altus, OK [Revised] received. Class E airspace designations * * * * * Altus AFB, OK are published in paragraph 6004 of FAA AWP CA E4 Salinas, CA [Revised] Order 7400.9B, dated July 18, 1994, and (Lat. 34°39′50′′ N, long. 99°16′26′′ W) Salinas Municipal Airport, CA Altus AFB ILS Localizer effective September 16, 1994, which is (Lat. 36°39′48′′N, long. 121°36′23′′W) (Lat. 34°38′31′′ N, long. 99°16′24′′ W). incorporated by reference in 14 CFR Salinas VORTAC 71.1. The Class E airspace designation ° ′ ′′ ° ′ ′′ That airspace extending upward from the (Lat. 36 39 50 N, long. 121 36 12 W) listed in this document will be Salinas Localizer surface within 2 miles each side of the Altus ° ′ ′′ ° ′ ′′ AFB ILS Localizer south course extending published subsequently in the Order. (Lat. 36 40 18 N, long. 121 36 45 W) Monterey Peninsula Airport, CA from the 5-mile radius to 6.6 miles south of The Rule (Lat. 36°35′13′′N, long. 121°50′35′′W) Altus, AFB, and within 2 miles each side of This amendment to part 71 of the That airspace extending upward from the the Altus AFB ILS Localizer north course surface within 1.8 miles northeast and 2.6 extending from the 5.0-mile radius to 7.6 Federal Aviation Regulations (14 CFR ° part 71) amends the Class E airspace miles southwest of the Salinas VORTAC 318 miles north of Altus AFB. radial, extending from the 4.3-mile radius of area at Salinas, CA, by removing Fort * * * * * Salinas Municipal Airport to 5.2 miles Ord Fritzche AAF, CA, Class D airspace Issued in Fort Worth, TX, on July 5, 1995. northwest of the VORTAC, and within 1.8 area from the Class E airspace miles each side of the Salinas localizer Albert L. Viselli, description at Salinas, CA. extending from the 4.3-mile radius to 10 Manager, Air Traffic Division, Southwest The FAA has determined that this miles southeast of the Salinas VORTAC, Region. regulation only involves an established excluding that portion within the Monterey [FR Doc. 95–17397 Filed 7–14–95; 8:45 am] body of technical regulations for which Peninsula Airport, CA, Class E airspace area. BILLING CODE 4910±13±M frequent and routine amendments are * * * * * 36346 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations Issued in Los Angeles, California, on June procedure, comments are invited on the List of Subjects in 14 CFR Part 71 28, 1995. rule. This rule will become effective on Airspace, Incorporation by reference, James H. Snow, November 9, 1995. However, after the Navigation (air). Acting Manager, Air Traffic Division, review of any comments, if the FAA Western-Pacific Region. finds that further changes are Adoption of the Amendment [FR Doc. 95–17403 Filed 7–14–95; 8:45 am] appropriate, it will initiate rulemaking In consideration of the foregoing, the BILLING CODE 4910±13±M proceedings to extend the effective date Federal Aviation Administration or to amend the regulation. amends 14 CFR part 71 as follows: Interested parties are invited to 14 CFR Part 71 participate in this rulemaking PART 71Ð[AMENDED] [Airspace Docket No. 95±ASW±11] proceeding by submitting written 1. The authority citation for 14 CFR comments on the proposal to the FAA. part 71 continues to read as follows: Removal of Class E Airspace; El Comments that provide the factual basis Campo, TX supporting the views and suggestions Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 presented are particularly helpful in AGENCY: Federal Aviation Comp., p. 389; 49 U.S.C. 106(g); 14 CFR evaluating the effects of the rule, and in Administration (FAA), DOT. 11.69. determining whether additional ACTION: Final rule; request for rulemaking is required. § 71.1 [Amended] comments. Class E airspace designations are 2. The incorporation by reference in SUMMARY: This action removes the Class published in paragraph 6005 of FAA 14 CFR 71.1 of the Federal Aviation E airspace at El Campo, TX. This Order 7400.9B dated July 18, 1994, and Administration Order 7400.9B, Airspace removal of Class E airspace results from effective September 16, 1994, which is Designations and Reporting Points, the permanent closing of the El Campo incorporated by reference in 14 CFR dated July 18, 1994, and effective Metro Airport, El Campo, TX. As a 71.1. The Class E airspace designation September 16, 1994, is amended as result of the permanent closing of the listed in this document will be follows: airport, Class E airspace is no longer published subsequently in the Order. Paragraph 6005 Class E Airspace Extending required for instrument flight rule (IFR) The Rule Upward From 700 Feet Above the Surface operations at this airport. This action * * * * * removes the Class E airspace at El The amendment to part 71 of the ASW TX E5 El Campo, TX [Removed] Campo Metro Airport, El Campo, TX. Federal Aviation Regulations (14 CFR EFFECTIVE DATE: 0901 UTC, November 9, part 71) removes the Class E airspace * * * * * 1995. providing controlled airspace for IFR Issued in Fort Worth, TX, on July 5, 1995. Comment Date: Comments must be operations at El Campo, TX. The Albert L. Viselli, received on or before September 10, permanent closing of the El Campo Manager, Air Traffic Division, Southwest 1995. Metro Airport, El Campo, TX removes Region. ADDRESSES: Send comments on the rule the need to have designated Class E [FR Doc. 95–17401 Filed 7–14–95; 8:45 am] in triplicate to Manager, System airspace for IFR operations at the BILLING CODE 4910±13±M Management Branch, Air Traffic airport. The Class E airspace at El Division, Federal Aviation Campo, TX, will be removed by this Administration Southwest Region, final rule, effective on November 9, 14 CFR Part 97 Docket No. 95–ASW–11, Fort Worth, TX 1995. [Docket No. 28265; Amdt. No. 1673] 76193–0530. The official docket may be Since this action merely involes the examined in the Office of the Assistant removal of Class E airspace as a result Standard Instrument Approach Chief Counsel, Federal Aviation of the permanent closing of El Campo Procedures; Miscellaneous Administration, Southwest Region, 2601 Metro Airport, El Campo, TX, notice Amendments Meacham Boulevard, room 663, Fort and public procedure under 5 U.S.C. AGENCY: Federal Aviation Worth, TX, between 9 a.m. and 3 p.m., 553(b) are unnecessary. Administration (FAA), DOT. Monday through Friday, except Federal The FAA has determined that this ACTION: Final rule. holidays. An informal docket may also regulation only involves an established be examined during normal business body of technical regulations that need SUMMARY: This amendment establishes, hours at the System Management frequent and routine amendments to amends, suspends, or revokes Standard Branch, Air Traffic Division, Federal keep them operationally current. It, Instrument Approach Procedures Aviation Administration, Southwest therefore—(1) is not a ‘‘significant (SIAPs) for operations at certain Region, room 414, Fort Worth, TX. regulatory action’’ under Executive airports. These regulatory actions are FOR FURTHER INFORMATION CONTACT: Order 12866; (2) is not a ‘‘significant needed because of changes occurring in Donald J. Day, System Management rule’’ under DOT Regulatory Policies the National Airspace System, such as Branch, Air Traffic Division, Southwest and Procedures (44 FR 11034; February the commissioning of new navigational Region, Federal Aviation 26, 1979); and (3) does not warrant facilities, addition of new obstacles, or Administration, Forth Worth, TX preparation of a regulatory evaluation as changes in air traffic requirements. 76193–0530, telephone 817–222–5593. the anticipated impact is so minimal. These changes are designed to provide SUPPLEMENTARY INFORMATION: Since this is a routine matter that will safe and efficient use of the navigable only affect air traffic procedures and air airspace and to promote safe flight Request for Comments on the Rule navigation, it is certified that this rule operations under instrument flight rules Although this action is a final rule, will not have a significant economic at the affected airports. which involves the removal of Class E impact on a substantial number of small DATES: An effective date for each SIAP airspace at El Campo, TX, and was not entities under the criteria of the is specified in the amendatory preceded by notice and public Regulatory Flexibility Act. provisions. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36347 Incorporation by reference-approved special format make their verbatim Conclusion by the Director of the Federal Register publication in the Federal Register on December 31, 1980, and reapproved expensive and impractical. Further, The FAA has determined that this as of January 1, 1982. airmen do not use the regulatory text of regulation only involves an established body of technical regulations for which ADDRESSES: Availability of matter the SIAPs, but refer to their graphic frequent and routine amendments are incorporated by reference in the depiction of charts printed by necessary to keep them operationally amendment is as follows: publishers of aeronautical materials. Thus, the advantages of incorporation current. It, therefore—(1) is not a For Examination by reference are realized and ‘‘significant regulatory action’’ under 1. FAA Rules Docket, FAA publication of the complete description Executive Order 12866; (2) is not a Headquarters Building, 800 of each SIAP contained in FAA form ‘‘significant rule’’ under DOT Independence Avenue, SW., documents is unnecessary. The Regulatory Policies and Procedures (44 Washington, DC 20591; provisions of this amendment state the FR 11034; February 26, 1979); and (3) 2. the FAA Regional Office of the affected CFR (and FAR) sections, with does not warrant preparation of a region in which affected airport is the types and effective dates of the regulatory evaluation as the anticipated located; or SIAPs. This amendment also identifies impact is so minimal. For the same 3. The Flight Inspection Area Office the airport, its location, the procedure reason, the FAA certifies that this which originated the SIAP. identification and the amendment amendment will not have a significant number. economic impact on a substantial For Purchase number of small entities under the The Rule Individual SIAP copies may be criteria of the Regulatory Flexibility Act. This amendment to part 97 of the obtained from: List of Subjects in 14 CFR Part 97 1. FAA Public Inquiry Center (APA– Federal Aviation Regulations (14 CFR 200), FAA Headquarters Building, 800 part 97) establishes, amends, suspends, Air traffic control, Airports, Independence Avenue, SW., or revokes SIAPs. For safety and Navigation (air). timeliness of change considerations, this Washington, DC 20591; or Issued in Washington, DC, on June 30, 2. The FAA Regional Office of the amendment incorporates only specific 1995. changes contained in the content of the region in which the affected airport is Thomas C. Accardi, located. following FDC/P NOTAM for each SIAP. The SIAP information in some Director, Flight Standards Service. By Subscription previously designated PDC/Temporary Adoption of the Amendment Copies of all SIAPs, mailed once (FDC/T) NOTAMs is of such duration as every 2 weeks, are for sale by the to be permanent. With conversion to Accordingly, pursuant to the Superintendent of Documents, U.S. FDC/P NOTAMs, the respective FDC/T authority delegated to me, part 97 of the Government Printing Office, NOTAMs have been cancelled. Federal Aviation Regulations (14 CFR Washington, DC 20402. The FDC/P NOTAMs for the SIAPs part 97) is amended by establishing, contained in this amendment are based amending, suspending, or revoking FOR FURTHER INFORMATION CONTACT: on the criteria contained in the U.S. Standard Instrument Approach Paul J. Best, Flight Procedures Standard for Terminal Instrument Procedures, effective at 0901 UTC on Standards Branch (AFS–420), Technical Approach Procedures (TERPS). In the dates specified, as follows: Programs Division, Flight Standards developing these chart changes to SIAPs Service, Federal Aviation by FDC/P NOTAMs, the TERPS criteria PART 97ÐSTANDARD INSTRUMENT Administration, 800 Independence were applied to only these specific APPROACH PROCEDURES Avenue, SW., Washington, DC 20591; conditions existing at the affected telephone (202) 267–8277. airports. All SIAP amendments in this 1. The authority citation for part 97 SUPPLEMENTARY INFORMATION: This rule have been previously issued by the continues to read as follows: amendment to part 97 of the Federal FAA in a National Flight Data Center Authority: 49 U.S.C. 40103, 40113, 40120, Aviation Regulations (14 CFR part 97) (FDC) Notice to Airmen (NOTAM) as an 44701; 49 U.S.C. 106(g); and 24 CFR establishes, amends, suspends, or emergency action of immediate flight 11.49(b)(2). revokes Standard Instrument Approach safety relating directly to published Procedures (SIAPs). The complete 2. Part 97 is amended to read as aeronautical charts. The circumstances follows: regulatory description on each SIAP is which created the need for all these contained in the appropriate FAA Form SIAP amendments requires making § 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 8260 and the National Flight Data them effective in less than 30 days. 97.35 [Amended] Center (FDC)/Permenant (P) Notices to Further, the SIAPs contained in this By amending: § 97.23 VOR, VOR/ Airmen (NOTAM) which are amendment are based on the criteria DME, VOR or TACAN, and VOR/DME incorporated by reference in the contained in the TERPS. Because of the or TACAN; § 97.25 LOC, LOC/DME, amendment under 5 U.S.C. 552(a), 1 close and immediate relationship LDA, LDA/DME, SDF, SDF/DME; CFR part 51, and § 97.20 of the Federal between these SIAPs and safety in air § 97.27 NDB, NDB/DME; § 97.29 ILS, Aviations Regulations (FAR). Materials commerce, I find that notice and public ILS/DME, ISMLS, MLS, MLS/DME, incorporated by reference are available procedure before adopting these SIAPs MLS/RNAV; § 97.31 RADAR SIAPs; for examination or purchase as listed are impracticable and contrary to the § 97.33 RNAV SIAPs; and § 97.35 above. public interest and, where applicable, COPTER SIAPs, identified as follows: The large number of SIAPs, their that good cause exists for making these complex nature, and the need for a SIAPs effective in less than 30 days. ** * Effective Upon Publication 36348 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations FDC date State City Airport FDC No. SIAP 06/14/95 ...... WI. Minocqua-Woodruff ...... Lakeland/Noble F. Lee Memorial FDC 5/2692 NDB OR GPS RWY 18 AMDT Field. 12... 06/14/95 ...... WI. Minocqua-Woodruff ...... Lakeland/Noble F. Lee Memorial FDC 5/2693 NDB OR GPS RWY 28 AMDT Field. 11... 06/14/95 ...... WI. Minocqua-Woodruff ...... Lakeland/Noble F. Lee Memorial FDC 5/2694 NDB OR GPS RWY 36 AMDT Field. 9... 06/15/95 ...... MD. Baltimore ...... Martin State ...... FDC 5/2720 NDB OR GPS RWY 33 AMDT 7A... 06/15/95 ...... MD. Baltimore ...... Martin State ...... FDC 5/2723 NDB OR GPS RWY 15 AMDT 7A... 06/20/95 ...... GA. Atlanta ...... DeKalb-Peachtree ...... FDC 5/2805 VOR/DME OR GPS RWY 20L AMDT 1... 06/20/95 ...... GA. Atlanta ...... DeKalb-Peachtree ...... FDC 5/2806 VOR/DME OR GPS RWY 27 AMDT 1... 06/20/95 ...... GA. Atlanta ...... DeKalb-Peachtree ...... FDC 5/2807 ILS RWY 20L AMDT 7... 06/20/95 ...... GA. Savannah ...... Savannah Intl ...... FDC 5/2828 ILS RWY 36, AMDT 6... 06/20/95 ...... MD. Baltimore ...... Martin State ...... FDC 5/2740 LOC RWY 15 ORIG±A... 06/20/95 ...... MD. Cumberland ...... Greater Cumberland Regional ...... FDC 5/2808 LOC/DME RWY 23 AMDT 5... 06/20/95 ...... MD. Cumberland ...... Greater Cumberland Regional ...... FDC 5/2809 LOC±A AMDT 3... 06/20/95 ...... WY. Worland ...... Worland Muni ...... FDC 5/2823 VOR OR GPS RWY 16 AMDT 5... 06/22/95 ...... WI. Juneau ...... Dodge County ...... FDC 5/2863 LOC RWY 26 ORIG... 06/23/95 ...... AL. Birmingham ...... Birmingham Intl ...... FDC 5/2894 ILS RWY 5 AMDT 41... 06/23/95 ...... DE. Wilmington ...... New Castle County ...... FDC 5/2892 ILS RWY 1 AMDT 20... 06/23/95 ...... TX. Port Isabel ...... Port Isabel-Cameron Co...... FDC 5/2889 VOR OR GPS±A AMDT 5... 06/23/95 ...... TX. Port Isabel ...... Port Isabel-Cameron Co...... FDC 5/2890 VOR/DME OR GPS±B AMDT 2... 06/26/95 ...... PA. Philadelphia ...... Philadelphia Intl ...... FDC 5/2962 CONVERGING ILS RWY 9R AMDT 3... Birmingham TERMINAL ROUTE... ATL VORTAC TO FDC 5/2828/SAV/ FI/P SAVANNAH Birmingham Intl PDK VOR/DME COURSE 024.74/ INTL, SAVANNAH, GA. ILS RWY 36, Alabama 16.26NM MINIMUM ALTITUDE 4000. AMDT 6...DELETE... MNM ALT DANA ILS RWY 5 AMDT 41... THIS BECOMES VOR/DME OR GPS 1600* *LOC ONLY. ADD... MNM ALT FDC Date: 06/23/95 RWY 20L AMDT 1A. DANNA 1600. CHANGE MNM GLIDE SLOPE INTERCEPT ALT TO FDC 5/2894/BHM/ FI/P Atlanta READ...2000* *1600 WHEN BIRMINGHAM INTL, BIRMINGHAM, Dekalb-Peachtree AUTHORIZED BY ATC. THIS AL. ILS RWY 5 AMDT 41...MISSED Georgia BECOMES ILS RWY 36, AMDT 6A. APPROACH INSTRUCTIONS... CLIMB VOR/DME OR GPS RWY 27 AMDT 1... TO 3000 DIRECT ROEBY LOM AND Baltimore FDC Date: 06/20/95 HOLD NE, RT, 236 INBOUND OR Martin State FDC 5/2806/PDK/ FI/P DEKALB- WHEN DIRECTED BY ATC CLIMB TO Maryland 3600 VIA HEADING 056 AND GAD R– PEACHTREE, ATLANTA, GA. VOR/ NDB OR GPS RWY 33 AMDT 7A... 231 TO SPATT INTERSECTION AND DME OR GPS RWY 27 AMDT 1...ADD FDC Date: 06/15/95 TERMINAL ROUTE... ATL VORTAC TO HOLD, NE, RT, 231 INBOUND. THIS FDC 5/2720/MTN/ FI/P MARTIN PDK VOR/DME COURSE 024.74/ BECOMES ILS RWY 5 AMDT 41A. STATE, BALTIMORE, MD. NDB OR 16.26NM MINIMUM ALTITUDE 4000. GPS RWY 33 AMDT 7A...MISSED Wilmington THIS BECOMES VOR/DME OR GPS APPROACH... CLIMB TO 2500 ON 326 RWY 27 AMDT 1A. New Castle County DEG BEARING FROM MTN NDB TO Delaware Atlanta ODORS INT/I–MTN 6.8 DME AND ILS RWY 1 AMDT 20... Dekalb-Peachtree HOLD. THIS IS NDB OR GPS RWY 33 FDC Date: 06/23/95 AMDT 7B. FDC 5/2892/ILG/ FI/P NEW CASTLE Georgia COUNTY, WILMINGTON, DE. ILS RWY ILS RWY 20L AMDT 7... Baltimore 1 AMDT 20...MIDDLE MARKER FDC Date: 06/20/95 Martin State REMOVED FROM SERVICE. CASTL FDC 5/2807/PDK/ FI/P DEKALB- Maryland INT MNMS... CIRLCING CAT C MDA/ PEACHTREE, ATLANTA, GA. ILS RWY NDB OR GPS RWY 15 AMDT 7A... HAA 600/520. THIS IS ILS RWY 1 20L AMDT 7...ADD TERMINAL FDC Date: 06/15/95 AMDT 20A. ROUTE...ATL VORTAC TO PDK VOR/ FDC 5/2723/MTN/ FI/P MARTIN DME COURSE 024.74/16.26NM Atlanta STATE, BALTIMORE, MD. NDB OR MINIMUM ALTITUDE 4000. THIS GPS RWY 15 AMDT 7A...MNM ALT AT Dekalb-Peachtree BECOMES ILS RWY 20L AMDT 7A. ODORS INT/I–BQG 6.8 DME 2500 FOR Georgia Savannah HOLDING PATTERN IN LIEU OF VOR/DME OR GPS RWY 20L AMDT 1... PROCEDURE TURN. RAISE ODORS FDC Date: 06/20/95 Savannah Intl INT/I–BQG 6.8 DME/FAF ALT TO 2200. FDC 5/2805/PDK/ FI/P DEKALB- Georgia CHANGE MISSED APPROACH TO PEACHTREE, ATLANTA, GA. VOR/ ILS RWY 36, AMDT 6... CLIMBING RIGHT TURN TO 2500 VIA DME OR GPS RWY 20L AMDT 1...ADD FDC Date: 06/20/95 MTN BEARING 326 DEG TO ODORS Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36349 INT/I–BQG 6.8 DME AND HOLD. Texas Juneau FEEDER BAL VORTAC TO ODORS VOR OR GPS–A AMDT 5... Dodge County INT/I–BQG 6.8 DME 2500. THIS IS NDB FDC Date: 06/23/95 Wisconsin OR GPS RWY 15 AMDT 7B. FDC 5/2889/T31/FI/P PORT ISABEL- LOC RWY 26 ORIG... CAMERON CO., PORT ISABEL, TX. Baltimore FDC Date: 06/22/95 VOR OR GPS–A AMDT 5...CIRCLING FDC 5/2863/UNU/ FI/P DODGE Martin State MDA CAT A 580, CAT B–C 640...HAA COUNTY, JUNEAU, WI. LOC RWY 26 Maryland CAT A 561, CAT B–C 621. THIS IS VOR ORIG...MINIMUMS... S–LOC 26 CATS LOC RWY 15 ORIG–A... OR GPS–A AMDT 5A. A, B, C VIS 1. MADISON ALSTG FDC Date: 06/20/95 Port Isabel MNMS...S–LOC 26 CATS A, B VIS 1. FDC 5/2740/MTN/ FI/P MARTIN ADD NOTE... INOP TABLE DOES NOT STATE, BALTIMORE, MD. LOC RWY Port Isabel-Cameron Co. APPLY. DELETE NOTE... INOP 15 ORIG–A...MNM ALT AT MEHAN Texas TABLE... THRU... MADISON ALSTG INT/I–BQG 14.4 DME 2500 FOR VOR/DME OR GPS–B AMDT 2... MNMS. THIS IS LOC RWY 26 ORIG–A. HOLDING PATTERN IN LIEU OF FDC Date: 06/23/95 Worland PROCEDURE TURN. CHANGE MISSED FDC 5/2890/T31/ FI/P PORT ISABEL– APPROACH TO CLIMBING RIGHT CAMERON CO., PORT ISABEL, TX. Worland Muni TURN TO 2500 FVIA HEADING OF 312 VOR/DME OR GPS–B AMDT Wyoming DEG AND BAL R–012 TO MEHAN INT/ 2...CIRCLING MDA CAT A 440, CAT B– VOR OR GPS RWY 16 AMDT 5... I–BQG 14.4 DME AND HOLD. FEEDER C 640...HAA CAT A 421, CAT B–C 621. FDC Date: 06/20/95 EMI VORTAC TO MEHAN INT/I–BQG THIS IS VOR/DME OR GPS–B AMDT FDC 5/2823/WRL/ FI/P WORLAND 14.4 DME 2600. FEEDER TAFFI INT TO 2A. MUNI, WORLAND, WY. VOR OR GPS RWY 16 AMDT 5...CHANGE ALT MEHAN INT/IBQG 14.4 DME 2600. Minocqua–Woodruff THIS IS LOC RWY 15 ORIG–B. MNMS NOTE TO READ...ALT MNMS Lakeland/Noble F. Lee Memorial Field NA WHEN LOCAL WEATHER NOT Cumberland Wisconsin RECEIVED. THIS IS VOR OR GPS RWY Greater Cumberland Regional NDB OR GPS RWY 18 AMDT 12... 16 AMDT 5A. FDC Date: 06/14/95 Maryland [FR Doc. 95–17409 Filed 7–14–95; 8:45 am] LOC/DME RWY 23 AMDT 5... FDC5/2692/ARV/ FI/P LAKELAND/ BILLING CODE 4910±13±M FDC Date: 06/20/95 NOBLE F. LEE MEMORIAL FIELD, MINOCQUA–WOODRUFF, WI. NDB OR FDC 5/2808/CBE/ FI/P GREATER GPS RWY 18 AMDT 12...MNMS... S–18 CUMBERLAND REGIONAL, 14 CFR Part 97 HAT 550 ALL CATS, CIRCLING HAA CUMBERLAND, MD. LOC/DME RWY 550 CATS A/B, 570 CATS C/D. [Docket No. 28266; Amdt. No. 1674] 23 AMDT 5...CIRCLING MDA/HAA WAUSAU ALSTG MNMS... S–18 HAT CATS A/B/C 2060/1284, CAT D 2340/ Standard Instrument Approach 750 ALL CATS, CIRCLING HAA 750 1564. VIS CAT A 1 1/4, CAT B 1 1/2, Procedures; Miscellaneous CATS A/B, 770 CATS C/D. THIS IS CATS C/D 3. THIS BECOMES LOC/ Amendments NDB OR GPS RWY 18 AMDT 12A. DME RWY 23 AMDT 5A. AGENCY: Federal Aviation Minocqua–Woodruff Cumberland Administration (FAA), DOT. Lakeland/Noble F. Lee Memorial Field ACTION: Final rule. Greater Cumberland Regional Wisconsin Maryland NDB OR GPS RWY 28 AMDT 11... SUMMARY: This amendment establishes, LOC–A AMDT 3... FDC Date: 06/14/95 amends, suspends, or revokes Standard FDC Date: 06/20/95 FDC 5/2693/ARV/ FI/P LAKELAND/ Instrument Approach Procedures FDC 5/2809/CBE/ FI/P GREATER NOBLE F. LEE MEMORIAL FIELD, (SIAPs) for operations at certain CUMBERLAND REGIONAL, MINOCQUA–WOODRUFF, WI. NDB OR airports. These regulatory actions are CUMBERLAND, MD. LOC–A AMDT GPS RWY 28 AMDT 11...MNMS... S–28 needed because of the adoption of new 3...CIRCLING MDA/HAA CATS A/B/C HAT 576 ALL CATS, CIRCLING HAA or revised criteria, or because of changes 2060/1284, CAT D 2340/1564. THIS 570 ALL CATS. WAUSAU ALSTG occurring in the National Airspace BECOMES LOC/A AMDT 3A. MNMS... S–28 HAT 776 ALL CATS, System, such as the commissioning of new navigational facilities, addition of Philadelphia CIRCLING HAA 770 ALL CATS. THIS IS NDB OR GPS RWY 28 AMDT 11A. new obstacles, or changes in air traffic Philadelphia Intl requirements. These changes are Pennsylvania Minocqua–Woodruff designed to provide safe and efficient CONVERGING ILS RWY 9R AMDT 3... Lakeland/Noble F. Lee Memorial Field use of the navigable airspace and to FDC Date: 06/26/95 Wisconsin promote safe flight operations under FDC 5/2962/PHL/FI/P NDB OR GPS RWY 25 AMDT 9... instrument flight rules at the affected PHILADELPHIA INTL, PHILADELPHIA, FDC Date: 06/14/95 airports. PA. CONVERGING ILS RWY 9R AMDT FDC 5/2694/ARV/ FI/P LAKELAND/ DATES: An effective date for each SIAP 3...CHANGE FINAL APPROACH NOBLE F. LEE MEMORIAL FIELD, is specified in the amendatory COURSE TO 087.44 DEG. CHANGE MINOCQUA–WOODRUFF, WI. NDB OR provisions. TERMINAL ROUTE INBOUND COURSE GPS RWY 36 AMDT 9...DIST FAF TO Incorporation by reference-approved BWINE INT TO KELEE INT/GOONY MAP 5.35 THLD 5.35. MNMS... by the Director of the Federal Register OM TO 087.44 DEG. THIS IS CIRCLING HAA 450/ CATS A/B 570 on December 31, 1980, and reapproved CONVERGING ILS RWY 9R AMDT 3A. CATS C/D. WAUSAU ALSTG as of January 1, 1982. MNMS...CIRCLING HAA 650 A/B, 770 ADDRESSES: Availability of matters Port Isabel CATS C/D. THIS IS NDB OR GPS RWY incorporated by reference in the Port Isabel-Cameron Co. 36 AMDT 9A. amendment is as follows: 36350 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations For Examination affected CFR (and FAR) sections, with Issued in Washington, DC on June 30, 1995. 1. FAA Rules Docket, FAA the types and effective dates of the Headquarters Building, 800 SIAPs. This amendment also identifies Thomas C. Accardi, Independence Avenue, SW., the airport, its location, the procedure Director, Flight Standards Service. identification and the amendment Washington, DC 20591; Adoption of the Amendment 2. The FAA Regional Office of the number. Accordingly, pursuant to the region in which the affected airport is The Rule authority delegated to me, part 97 of the located; or 3. The Flight Inspection Area Office This amendment to part 97 is effective Federal Aviation Regulations (14 CFR which originated the SIAP. upon publication of each separate SIAP part 97) is amended by establishing, as contained in the transmittal. The amending, suspending, or revoking For Purchase SIAPs contained in this amendment are Standard Instrument Approach Individual SIAP copies may be based on the criteria contained in the Procedures, effective at 0901 UTC on obtained from: United States Standard for Terminal the dates specified, as follows: 1. FAA Public Inquiry Center (APA– Instrument Approach Procedures PART 97ÐSTANDARD INSTRUMENT 200), FAA Headquarters Building, 800 (TERPS). In developing these SIAPs, the APPROACH PROCEDURES Independence Avenue, SW., TERPS criteria were applied to the Washington, DC 20591; or conditions existing or anticipated at the 1. The authority citation for part 97 2. The FAA Regional Office of the affected airports. continues to read as follows: region in which the affected airport is The FAA has determined through Authority: 49 U.S.C. 40103, 40113, 40120, located. testing that current non-localizer type, 44701; 49 U.S.C. 106(g); and 14 CFR By Subscription non-precision instrument approaches 11.49(b)(2). 2. Part 97 is amended to read as Copies of all SIAPs, mailed once developed using the TERPS criteria can follows: every 2 weeks, are for sale by the be flown by aircraft equipped with Superintendent of Documents, U.S. Global Positioning System (GPS) §§ 97.23, 97.27, 97.33, 97.35 [Amended] equipment. In consideration of the Government Printing Office, By amending: § 97.23 VOR, VOR/ Washington, DC 20402. above, the applicable Standard Instrument Approach Procedures DME, VOR or TACAN, and VOR/DME FOR FURTHER INFORMATION CONTACT: (SIAPs) will be altered to include ‘‘or or TACAN; § 97.27 NDB, NDB/DME; Paul J. Best, Flight Procedures GPS’’ in the title without otherwise § 97.33 RNAV SIAPs; and § 97.35 Standards Branch (AFS–420), Technical reviewing or modifying the procedure. COPTER SIAPs, identified as follows: Programs Division, Flight Standards (Once a stand alone GPS procedure is * * * Effective SEPT 14, 1995 Service, Federal Aviation developed, the procedure title will be Administration, 800 Independence Slidell, LA, Slidell, NDB or GPS RWY 36, altered to remove ‘‘or GPS’’ from these Avenue, SW., Washington, DC 20591; Orig CANCELLED non-localizer, non-precision instrument Slidell, LA, Slidell, NDB RWY 36, Orig telephone (202) 267–8277. approach procedure titles.) Because of The following are correctred procedure titles SUPPLEMENTARY INFORMATION: This the close and immediate relationship cancelling or adding ‘‘or GPS’’ published amendment to part 97 of the Federal between these SIAPs and safety in air in Transmittal Letter 95–14 Aviation Regulations (14 CFR part 97) commerce, I find that notice and public Orland, CA Haigh Field, VOR or GPS–A, Amdt 6 establishes, amends, suspends, or procedure before adopting these SIAPs revokes Standard Instrument Approach Oroville, CA, Oroville Muni, VOR or GPS–A, are impracticable and contrary to the Amdt 5 Procedures (SIAPs). The complete public interest and, where applicable, regulatory description of each SIAP is Red Bluff, CA, Red Bluff Muni, VOR/DME or that good cause exists for making some GPS RWY 15, Amdt 5 contained in official FAA form SIAPs effective in less than 30 days. Red Bluff, CA, Red Bluff Muni, VOR or GPS documents which are incorporated by The FAA has determined that this RWY 33, Amdt 6 reference in this amendment under 5 [FR Doc. 95–17406 Filed 7–14–95; 8:45 am] U.S.C. 552(a), 1 CFR part 51, and § 97.20 regulation only involves an established BILLING CODE 4910±13±M of the Federal Aviation Regulations body of technical regulations for which (FAR). The applicable FAA forms are frequent and routine amendments are necessary to keep them operationally identified as FAA Form 8260–5. 14 CFR Part 97 Materials incorporated by reference are current. It, therefore—(1) is not a available for examination or purchase as ‘‘significant regulatory action’’ under [Docket No. 28264; Amdt. No. 1672] stated above. Executive Order 12866; (2) is not a Standard Instrument Approach The large number of SIAPs, their ‘‘significant rule’’ under DOT Procedures; Miscellaneous complex nature, and the need for a Regulatory Policies and Procedures (44 Amendments special format make their verbatim FR 11034; February 26, 1979); and (3) does not warrant preparation of a publication in the Federal Register AGENCY: Federal Aviation expensive and impractical. Further, regulatory evaluation as the anticipated Administration (FAA), DOT. impact is so minimal. For the same airmen do not use the regulatory text of ACTION: Final rule. the SIAPs, but refer to their graphic reason, the FAA certifies that this depiction on charts printed by amendment will not have a significant SUMMARY: This amendment establishes, publishers of aeronautical materials. economic impact on a substantial amends, suspends, or revokes Standard Thus, the advantages of incorporation number of small entities under the Instrument Approach Procedures by reference are realized and criteria of the Regulatory Flexibility Act. (SIAPs) for operations at certain publication of the complete description List of Subjects in 14 CFR Part 97 airports. These regulatory actions are of each SIAP contained in FAA form needed because of the adoption of new documents is unnecessary. The Air traffic control, Airports, or revised criteria, or because of changes provisions of this amendment state the Navigation (Air). occurring in the National Airspace Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36351 System, such as the commissioning of (FAR). The applicable FAA Forms are Regulatory Policies and Procedures (44 new navigational facilities, addition of identified as FAA Forms 8260–3, 8260– FR 11034; February 26, 1979); and (3) new obstacles, or changes in air traffic 4, and 8260–5. Materials incorporated does not warrant preparation of a requirements. These changes are by reference are available for regulatory evaluation as the anticipated designed to provide safe and efficient examination or purchase as stated impact is so minimal. For the same use of the navigable airspace and to above. reason, the FAA certifies that this promote safe flight operations under The large number of SIAPs, their amendment will not have a significant instrument flight rules at the affected complex nature, and the need for a economic impact on a substantial airports. special format make their verbatim number of small entities under the DATES: An effective date for each SIAP publication in the Federal Register criteria of the Regulatory Flexibility Act. expensive and impractical. Further, is specified in the amendatory List of Subjects in 14 CFR Part 97 provisions. airmen do not use the regulatory text of Incorporation by reference-approved the SIAPs, but refer to their graphic Air traffic control, Airports, by the Director of the Federal Register depiction on charts printed by Navigation (Air). publishers of aeronautical materials. on December 31, 1980, and reapproved Issued in Washington, DC on June 30, as of January 1, 1982. Thus, the advantages of incorporation by reference are realized and 1995. ADDRESSES: Availability of matters publication of the complete description Thomas C. Accardi, incorporated by reference in the of each SIAP contained in FAA form Director, Flight Standards Service. amendment is as follows: documents is unnecessary. The Adoption of the Amendment For Examination provisions of this amendment state the affected CFR (and FAR) sections, with Accordingly, pursuant to the 1. FAA Rules Docket, FAA the types and effective dates of the authority delegated to me, part 97 of the Headquarters Building, 800 SIAPs. This amendment also identifies Federal Aviation Regulations (14 CFR Independence Avenue, SW., the airport, its location, the procedure part 97) is amended by establishing, Washington, DC 20591; identification and the amendment 2. The FAA Regional Office of the amending, suspending, or revoking number. region in which the affected airport is Standard Instrument Approach located; or The Rule Procedures, effective at 0901 UTC on the dates specified, as follows: 3. The Flight Inspection Area Office This amendment to part 97 is effective which originated the SIAP. upon publication of each separate SIAP PART 97ÐSTANDARD INSTRUMENT For Purchase as contained in the transmittal. Some APPROACH PROCEDURES SIAP amendments may have been Individual SIAP copies may be previously issued by the FAA in a 1. The authority citation for part 97 obtained from: National Flight Data Center (FDC) continues to read as follows: 1. FAA Public Inquiry Center (APA– Notice to Airmen (NOTAM) as an Authority: 49 U.S.C. 40103, 40113, 40120, 200), FAA Headquarters Building, 800 emergency action of immediate flight Independence Avenue, SW., 44701; 49 U.S.C. 106(g); and 14 CFR safety relating directly to published 11.49(b)(2). Washington, DC 20591; or aeronautical charts. The amendments 2. The FAA Regional Office of the may require making them effective in 2. Part 97 is amended to read as region in which the affected airport is less than 30 days. For the remaining follows: located. SIAPs, an effective date at least 30 days §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, By Subscription after publication is provided. 97.35 [Amended] Further, the SIAPs contained in this Copies of all SIAPs, mailed once amendment are based on the criteria By amending: § 97.23 VOR, VOR/ every 2 weeks, are for sale by the contained in the U.S. Standard for DME, VOR or TACAN, and VOR/DME Superintendent of Documents, U.S. Terminal Instrument Approach or TACAN; § 97.25 LOC, LOC/DME, Government Printing Office, Procedures (TERPS). In developing LDA, LDA/DME, SDF, SDF/DME; Washington, DC 20402. these SIAPs, the TERPs criteria were § 97.27 NDB, NDB/DME; § 97.29 ILS, FOR FURTHER INFORMATION CONTACT: applied to the conditions existing or ILS/DME, ISMLS, MLS, MLS/DME, Paul J. Best, Flight Procedures anticipated at the affected airports. MLS/RNAV; § 97.31 RADAR SIAPs; Standards Branch (AFS–420), Technical Because of the close and immediate § 97.33 RNAV SIAPs; and § 97.35 Programs Division, Flight Standards relationship between these SIAPs and COPTER SIAPs, identified as follows; Service, Federal Aviation safety in air commerce, I find that notice * * * Effective July 20, 1995 Administration, 800 Independence and public procedure before adopting Boston, MA, General Edward Lawrence Avenue, SW., Washington, DC 20591; these SIAPs are impracticable and telephone (202) 267–8277. Logan Intl, LOC 2 RWY 4R, Orig contrary to the public interest and, Boston, MA, General Edward Lawrence SUPPLEMENTARY INFORMATION: This where applicable, that good cause exists Logan Intl, VOR/DME RNAV RWY 4R, Orig amendment to part 97 of the Federal for making some SIAPs effective in less St James, MN, St James Muni, NDB RWY 32, Aviation Regulations (14 CFR part 97) than 30 days. Orig establishes, amends, suspends, or The FAA has determined that this Portland, OR, Portland Intl, VOR/DME–C, revokes Standard Instrument Approach regulation only involves an established Orig Procedures (SIAPs). The complete body of technical regulations for which Portland, OR, Portland Intl, ILS RWY 10L, regulatory description of each SIAP is frequent and routine amendments are Orig Portland, OR, Portland Intl, LOC BC RWY contained in official FAA form necessary to keep them operationally 10L, Amdt 14, CANCELLED documents which are incorporated by current. It, therefore—(1) is not a Sheridan, WY, Sheridan County, VOR RWY reference in this amendment under 5 ‘‘significant regulatory action’’ under 14, Orig U.S.C. 552(a), 1 CFR part 51, and § 97.20 Executive Order 12866; (2) is not a Sheridan, WY, Sheridan County, ILS/DME of the Federal Aviation Regulations ‘‘significant rule’’ under DOT RWY 32, Orig 36352 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations * * * Effective August 17, 1995 DEPARTMENT OF THE INTERIOR (Ohio) submitted proposed Program Winamac, IN, Arens Field, NDB or GPS RWY Amendment Number 69 by letter dated 9, Amdt 1 Office of Surface Mining Reclamation September 22, 1994 (Administrative Winamac, IN, Arens Field, VOR/DME or and Enforcement Record No. OH–2059). In this GPS–A, Amdt 5 amendment, Ohio proposed to revise 30 CFR Part 935 Baton Rouge, LA, Baton Rouge Metropolitan/ two rules at Ohio Administrative Code Ryan Field, GPS RWY 31, Orig [OH±233; Amendment Number 69R] (OAC) sections 1501:13–1–03 and 13–7– Ruston, LA, Ruston Muni, NDB RWY 34, 05 to make the Ohio program as Amdt 2, CANCELLED Ohio Regulatory Program Amendment effective as the corresponding Federal Sheridan, WY, Sheridan County, VOR OR AGENCY: Office of Surface Mining regulations concerning financial interest GPS RWY 13, Amdt 5A, CANCELLED Reclamation and Enforcement (OSM), statements, appeal procedures for Sheridan, WY, Sheridan County, VOR/DME Interior. remedial actions regarding prohibited OR GPS RWY 31, Amdt 6, CANCELLED financial interests, and yield data for ACTION: Final rule; approval of pasture and grazing land. * * * Effective September 14, 1995 amendment. OSM announced receipt of PA 69 in Crescent City, CA, Jack McNamara Field, SUMMARY: OSM is announcing the the October 21, 1994, Federal Register VOR RWY 11, Amdt 10 approval of a proposed amendment to (59 FR 53122), and, in the same Crescent City, CA, Jack McNamara Field, the Ohio regulatory program (hereinafter document, opened the public comment VOR/DME OR GPS RWY 11, Amdt 12 referred to as the Ohio program) under period and provided an opportunity for Crescent City, CA, Jack McNamara Field, ILS/ the Surface Mining Control and a public hearing on the adequacy of the DME RWY 11, Amdt 6 Reclamation Act of 1977 (SMCRA). The proposed amendment. The public Gunnison, CO, Gunnison County, GPS–B, amendment was initiated by Ohio and comment period closed on November Orig is intended to make the Ohio program 21, 1994. Mount Vernon, IL, Mount Vernon, VOR RWY as effective as the corresponding Federal OSM and Ohio staff met on February 5, Amdt 15 6, 1995, to discuss OSM’s questions and Mount Vernon, IL, Mount Vernon, VOR or regulations concerning the filing of GPS RWY 23, Amdt 15 financial interest statements, acceptance concerns about PA 69 (Administrative Mount Vernon, IL, Mount Vernon, ILS RWY of gifts and gratuities, appeal procedures Record No. OH–2098). In response to 23, Amdt 10 for remedial actions regarding OSM’s February 6, 1995, questions and Columbus, IN, Columbus Muni, NDB or GPS prohibited financial interests, and the comments, Ohio provided Revised RWY 23, Amdt 10 submittal of yield data with requests for Program Amendment Number 69 (PA Columbus, IN, Columbus Muni, ILS RWY 23, phase III bond release on areas 69R) by letter dated March 8, 1995 Amdt 7 reclaimed to pasture or grazing land. (Administrative Record No. OH–2099). Greensburg, IN, Greensburg-Decatur County, EFFECTIVE DATE: July 17, 1995. In PA 69R, Ohio proposed further VOR or GPS–A, Amdt 2 FOR FURTHER INFORMATION CONTACT: Ms. revisions to one rule at OAC section Cheboygan, MI, Cheboygan City-County, Beverly C. Brock, Acting Director, 1501:13–1–03 to include hearing VOR or GPS RWY 9, Amdt 7 Columbus Field Office, Office of Surface officers of the Ohio Reclamation Board Pellston, MI, Pellston Regional Airport of Mining Reclamation and Enforcement, of Review under that rule’s definition of Emmet County, VOR/DME or GPS RWY 5, 4480 Refugee Road, Suite 201, ‘‘employee,’’ to delete separate Amdt 11 Columbus, Ohio 43232; Telephone: references to those hearing officers, and Pellston, MI, Pellston Regional Airport of (614) 866–0578. to prohibit the solicitation or acceptance Emmet County, VOR or GPS RWY 23, of gifts and gratuities by members of the Amdt 15 SUPPLEMENTARY INFORMATION: Ohio Reclamation Board of Review. Pellston, MI, Pellston Regional Airport of I. Background on the Ohio Program. OSM announced receipt of PA 69R in Emmet County, ILS RWY 32, Amdt 10 II. Discussion of the Proposed Amendment. the March 17, 1995, Federal Register Fremont, NE, Fremont Muni, VOR RWY 13, III. Director’s Findings. (60 FR 14401), and, in the same Orig IV. Summary and Disposition of Comments. document, opened the public comment Fremont, NE, Fremont Muni, NDB OR GPS V. Director’s Decision. period and provided an opportunity for VI. Procedural Determinations. RWY 13, Amdt 2 a public hearing on the adequacy of the Artesia, NM, Artesia Muni, GPS RWY 21, I. Background on the Ohio Program proposed amendment. The public Orig On August 16, 1982, the Secretary of comment period closed on April 3, Ruidoso, NM, Sierra Blanca Regional, GPS the Interior conditionally approved the 1995. RWY 24, Orig Ohio program. Information on the On April 19, 1995 (Administrative Durant, OK, Eaker Field, GPS RWY 30, Orig general background of the Ohio Record No. OH–2114), OSM notified Guymon, OK, Guymon Muni, GPS RWY 36, program, including the Secretary’s Ohio that OSM had made an error in its Orig findings, the disposition of comments, February 6, 1995, questions and Allendale, SC, Allendale County, VOR or and a detailed explanation of the comments on PA 69 and had omitted GPS–A, Amdt 5 conditions of approval of the Ohio one necessary change to OAC 1501:13– Loris, SC, Twin City, NDB Rwy 26, Amdt 2, program, can be found in the August 10, 1–03 paragraph (L)(1). By letter dated CANCELLED 1982, Federal Register (47 FR 34688). May 3, 1995 (Administrative Record No. Seymour, TX, Seymour Minicipal, GPS RWY OH–2115), Ohio submitted a final 17, Orig Subsequent actions concerning the conditions of approval and program revised version of PA 69R. Effective Upon Publication amendments are identified at 30 CFR OSM announced receipt of revised PA Teterboro, NJ, Teterboro, ILS RWY 6, Amdt 935.11, 935.15, and 935.16. 69R in the May 12, 1995, Federal 28 Register (60 FR 25660), and, in the same II. Discussion of the Proposed document, opened the public comment [FR Doc. 95–17408 Filed 7–14–95; 8:45 am] Amendment period and provided an opportunity for BILLING CODE 4910±13±M The Ohio Department of Natural a public hearing on the adequacy of the Resources, Division of Reclamation proposed amendment. The public Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36353 comment period closed on May 30, the State Regulatory Authority and provision proposed in paragraph (L)(1), 1995. members of advisory boards established the Director finds that this provision is in accordance with State law to not inconsistent with the Federal rule at III. Director’s Findings represent multiple interests who 30 CFR 705.21(a) which allows Set forth below, pursuant to SMCRA perform a function or duty under employees to file an appeal through and the Federal regulations at 30 CFR SMCRA must file a statement of established procedures within their 732.15 and 732.17, are the Director’s employment and financial interest. The State. findings concerning the proposed Ohio Reclamation Board of Review is an Ohio is also revising paragraphs (L)(2) amendment to the Ohio program. Only advisory board of this type. The Federal to provide that only the Chief of the substantive changes to Ohio’s rules are regulation at 30 CFR 705.10 requires Division of Reclamation may appeal a discussed below. Rule revisions which that the required employment and remedial action to the Director of OSM. are not discussed below concern financial interest information be The corresponding Federal rule at 30 editorial changes intended to improve collected on OSM Form 23. The Director CFR 705.21(b) allows that the Head of the clarity and readability of the rules. therefore finds that Ohio’s requirement the State Regulatory Authority may file A. Financial Interest Statements (OAC that its employees and members of the an appeal of remedial action concerning Section 1501:13–1–03) Ohio Reclamation Board of Review file a prohibited financial interest with the employment and financial interest Director of OSM who will refer the 1. Definition of ‘‘Employee’’ statements using OSM Form 23 is no appeal to the Conflict of Interest Ohio is revising paragraph (D)(2) to less effective than the corresponding Appeals Board within the U.S. provide that members of the Ohio Board Federal regulations at 30 CFR 705.10 Department of the Interior. The Director on Unreclaimed Strip Mined Lands are and 705.11. finds that Ohio’s proposed paragraph (L)(2) is not less effective than 30 CFR included under the definition of 3. Acceptance of Gifts and Gratuities by ‘‘employee.’’ Ohio is also revising this 705.21(b). Members of the Ohio Reclamation Board Ohio is also adding paragraph (L)(3) paragraph to provide that, for the of Review purposes of OAC section 1501:13–1–03, to provide that members of the Ohio hearing officers for the Ohio Ohio is revising paragraph (J)(1) to Reclamation Board of Review may Reclamation Board of Review shall also prohibit, with certain exceptions, the request advisory opinions from the be included within the definition of solicitation or acceptance of gifts and Director of the Office of Surface Mining ‘‘employee’’. Ohio is also revising gratuities by members of the Ohio Reclamation and Enforcement on issues paragraphs (L) (1) and (2) to delete Reclamation Board of Review from coal pertaining to an apparent prohibited separate references to the Reclamation companies which are conducting or financial interest. However, resolution Board of Review’s hearing officers seeking to conduct regulated activities of conflicts is governed by section because those hearing officers are to be or which have an interest that may be 1513.05 and 1513.29 of the Ohio included under the definition of substantially affected by the Revised Code. ‘‘employee’’ in this rule. performance of the Board members’ Although there is no corresponding The corresponding Federal rule at 30 official duty. Federal regulation concerning appeals CFR 705.5 defines ‘‘employee’’ to mean 30 CFR 705.18 prohibits employees by members of advisory boards, the any person employed by the State from soliciting or accepting gifts and Director finds that the appeal provision Regulatory Authority who performs any gratuities from coal companies with proposed in paragraph (L)(3) is not function or duty under SMCRA and interests that may be substantially inconsistent with the Federal members of advisory boards who affected by the employee’s performance regulations at 30 CFR 705.21 or with the perform any function or duty under of the employee’s official duty. revisions which Ohio is making SMCRA if they perform decision- Although there is no corresponding elsewhere in this rule. Federal regulation prohibiting making functions for the State B. Yield Data for Pasture or Grazing acceptance of gifts and gratuities by Regulatory Authority under State law or Land (OAC Section 1501:13–7–05) regulations. The Ohio Board on members of advisory boards established Unreclaimed Strip Mined Lands is a in accordance with State law to 1. Ohio is adding the requirement in decision-making advisory board of this represent multiple interests who paragraph (A)(2)(c)(ii) that requests for type and the hearing officers for the perform a function or duty under approval of phase III reclamation on Ohio Reclamation Board of Review are SMCRA, the Director finds that the State acreage reclaimed as pasture or grazing employed by and perform functions for requirement regarding members of the land (as well as acreage reclaimed to the State Regulatory Authority. Ohio Reclamation Board of Review is cropland or prime farmland) must Therefore, the Director finds that Ohio’s not inconsistent with the Federal include yield data. inclusion of these persons under the regulations at 30 CFR 705.18 or with the The Federal regulations at 30 CFR State definition of ‘‘employee’’ is revisions which Ohio is making 816/817.116(b)(1) require that, for areas appropriate and no less effective than elsewhere in this rule. developed for use as grazing land or the corresponding Federal definition. pasture land, ground cover and 4. Appeal of Remedial Actions production of living plants on the 2. Use of Financial Interest Statement Ohio is revising paragraph (L)(1) to revegetated area shall be at least equal Form by Members of the Ohio specify that nothing in OAC section to success standards approved by the Reclamation Board of Review 1501:13–1–03 modifies any right of regulatory authority. Ohio’s revegetation Ohio is revising paragraph (I)(1) to appeal that any employee may have standards for pasture and grazing land require that employees and members of under State law of a decision by the at OAC 1501:13–9–15 paragraph the Ohio Reclamation Board of Review Chief of the Division of Reclamation, (G)(3)(a) require that the planted species report all required information Ohio Department of Natural Resources, equal or exceed the county average yield concerning employment and financial on an employee’s appeal of remedial for hay for any two years of the period interests on Form OSM–23. action for prohibited financial interests. of extended responsibility except the The corresponding Federal rule at 30 Although there are no corresponding first year. In order to satisfy this CFR 705.11 requires that employees of Federal regulations to this new requirement, requests for approval of 36354 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations phase III reclamation must therefore (3) The Division of Reclamation, Ohio enforceable until approved by OSM. include the required yield data. The Department of Natural Resources, May The Federal regulations at 30 CFR Director therefore finds that the Not Have the Authority To Request the 732.17(g) prohibit any unilateral proposed requirement in paragraph Indicated Financial Information From changes to approved programs. In the (A)(2)(c)(ii) is necessary for consistency Members of the Ohio Board on oversight of the Ohio program, the within Ohio’s regulations and is not Unreclaimed Strip Mined Land Director will recognize only the consistent with the Federal regulations The Director does not agree with this approved program, together with any at 30 CFR 816/817.116(b)(1). comment. As discussed above, OSM consistent implementing policies, concurs with the appropriateness of directives, and other materials, and will require the enforcement by Ohio of such IV. Summary and Disposition of including those board members under provisions. Comments the State’s definition of ‘‘employee.’’ Ohio Revised Code section 1513.04(D) VI. Procedural Determinations Public Comments prohibits State employees from having a direct or indirect financial interest in Executive Order 12866 any coal mining or reclamation This final rule is exempted from On October 21, 1994; March 17, 1995; operation. Ohio’s proposed reporting review by the Office of Management and and May 12, 1995, the Director solicited regulations at OAC 1501:13–1–03 are Budget (OMB) under Executive Order public comments and provided an therefore a reasonable extension of its 12866 (Regulatory Planning and opportunity for a public hearing on the legislated authority to prohibit financial Review). proposed amendment. OSM received conflicts of interest by its employees. Executive Order 12778 the following three comments on the No other public comments were amendment dated April 1, 1995, from received. No public hearings were held The Department of the Interior has the Ohio Mining and Reclamation as no one requested the opportunity to conducted the reviews required by Association (OMRA). provide testimony. section 2 of Executive Order 12778 (Civil Justice Reform) and has Agency Comments determined that, to the extent allowed (1) Ohio Has Not Held a Hearing on the Pursuant to 30 CFR 732.17(h)(11)(i), by law, this rule meets the applicable Proposed Rule Changes the Director solicited comments on the standards of subsections (a) and (b) of proposed amendment from the Regional that section. However, these standards The Director believes that this Director of the U.S. Environmental are not applicable to the actual language comment is not immediately relevant to Protection Agency (EPA) and from the of State regulatory programs and his decision on this amendment. The heads of four other Federal agencies and program amendments since each such public hearing mentioned in the one State agency with an actual or program is drafted and promulgated by comment is part of Ohio’s internal rule- potential interest in the Ohio program. a specific State, not by OSM. Under filing process. If further rule changes Nonsubstantive comments were sections 503 and 505 of SMCRA (30 become necessary as a result of received from the EPA, the Soil U.S.C. 1253 and 1255) and 30 CFR comments received during Ohio’s rule Conservation Service, the Mine Safety 730.11, 732.15 and 732.17(h)(10), filing, Ohio will resubmit those and Health Administration, and the decisions on proposed State regulatory proposed changes to OSM for review Ohio Historic Preservation Office. No programs and program amendments under the program amendment process. other agency comments were received. submitted by the States must be based V. Director’s Decision solely on a determination of whether the submittal is consistent with SMCRA and (2) The Requirement at OAC 1501:13–1– Based on the above findings, the 03 for Members of the Ohio Board of its implementing Federal regulations Director approves the proposed and whether the other requirements of Unreclaimed Strip Mined Land To File amendment as submitted by Ohio on 30 CFR parts 730, 731, and 732 have Financial Interest Statements Duplicates September 22, 1994, and revised on been met. Requirements Already in Effect for March 8, and May 3, 1995. Those Members of the Board Who Are The Federal regulations at 30 CFR National Environmental Policy Act Also Members of the Ohio Legislature Part 935 codifying decisions concerning No environmental impact statement is the Ohio program are being amended to required for this rule since section The Director agrees with the comment implement this decision. This final rule 702(d) of SMCRA (30 U.S.C. 1292(d)) that there may be some duplication in is being made effective immediately to provides that agency decisions on these filings. However, OSM and the expedite the State program amendment proposed State regulatory program Division of Reclamation, Ohio process and to encourage States to provisions do not constitute major Department of Natural Resources, have conform their programs with the Federal Federal actions within the meaning of no control over the nature of the standards without undue delay. section 102(2)(C) of the National Consistency of State and Federal financial information required by other Environmental Policy Act (42 U.S.C. standards is required by SMCRA. Ohio laws from members of the State 4332(2)(C)). legislature. That required information Effect of Director’s Decision Paperwork Reduction Act may or may not satisfy the reporting Section 503 of SMCRA provides that This rule does not contain requirements of OAC 1501:13–1–03(I) a State may not exercise jurisdiction information collection requirements that and the corresponding Federal under SMCRA unless the State program require approval by OMB under the regulations at 30 CFR 705.17. OSM and is approved by the Secretary. Similarly, Paperwork Reduction Act (44 U.S.C. Ohio must therefore maintain separate 30 CFR 732.17(a) requires that any 3507 et seq.). reporting requirements specific to the alternation of an approved State provisions of SMCRA, the program be submitted to OSM for Regulatory Flexibility Act accompanying Federal regulations, and review as a program amendment. Thus, The Department of the Interior has the approved State regulatory program. any changes to a State program are not determined that this rule will not have Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36355 a significant economic impact on a DEPARTMENT OF TRANSPORTATION event contemplated by the regulations, substantial number of small entities and the safety of the participants, under the Regulatory Flexibility Act (5 Coast Guard spectators, and vessels transiting the U.S.C. 601 et seq). The State submittal area would be enhanced by the which is the subject of this rule is based 33 CFR Part 100 implementation of the special local upon corresponding Federal regulations [CGD13±95±024] regulations for this regulated area, the for which an economic analysis was regulations in 33 CFR 100.1303 are prepared and certification made that Special Local Regulations for Marine being implemented. such regulations would not have a Events; Annual Kennewick, Dated: June 23, 1995. significant economic effect upon a Washington, Columbia Unlimited C.E. Bills, substantial number of small entities. Hydroplane Races Captain, U.S. Coast Guard, Captain of the Accordingly, this rule will ensure that Port. AGENCY: Coast Guard, DOT. existing requirements previously [FR Doc. 95–17490 Filed 7–14–95; 8:45 am] promulgated by OSM will be ACTION: Notice of implementation of 33 BILLING CODE 4910±14±M implemented by the State. In making the CFR 100.1303. determination as to whether this rule SUMMARY: This notice implements 33 would have a significant economic 33 CFR Part 100 impact, the Department relied upon the CFR 100.1303 for the annual data and assumptions for the Kennewick, Washington, Columbia [CGD07±95±008] Unlimited Hydroplane Races, to be held corresponding Federal regulations. RIN 2115±AE46 July 28, 1995, through July 30, 1995, on List of Subjects in 30 CFR Part 935 the Columbia River in Kennewick, Special Local Regulations: City of Washington, These special local Miami Beach, FL regulations are needed to provide for the Intergovernmental relations, Surface safety of participants and spectators on AGENCY: Coast Guard, DOT. mining, Underground mining. the navigable waters during this event. ACTION: Temporary final rule. The effect of these regulations will be to Dated: July 7, 1995. SUMMARY: restrict general navigation in the Special local regulations are being adopted for the Miami Super Boat Allen D. Klein, regulated area for the safety of race participants, spectators, and other vessel National Championship. The event will be held on September 10, 1995, from 12 Regional Director, Appalachian Regional traffic transiting the area. Coordinating Center. p.m. EDT (Eastern Daylight Time) until EFFECTIVE DATE: The regulations in 33 3:30 p.m. EDT. The regulations are CFR 100.1303 will be in effect from 8:30 For the reasons set out in the needed to provide for the safety of life a.m. (PDT) to 7:30 p.m. (PDT) on Friday, preamble, Title 30, Chapter VII, on navigable waters during the event. July 28, 1995, and on Saturday, July 29, Subchapter T of the Code of Federal EFFECTIVE DATES: These regulations are 1995. On Sunday, July 30, 1995, the regulations is amended as set forth effective on September 10, 1995 at 11:30 regulations will be in effect from 8:30 below: a.m. EDT and terminate at 4:30 p.m. a.m. (PDT) to 9 p.m. (PDT). EDT that day. In the event of inclement FOR FURTHER INFORMATION CONTACT: PART 935ÐOHIO weather, an alternate rain date of LTJG C. A. Roskam, c/o Captain of the September 11, 1995 is established with Port Portland, 6767 N. Basin Ave, these same times. 1. The authority citation for Part 935 Portland, Oregon 97217–3992, (503) ADDRESSES: Documents referred to in continues to read as follows: 240–9338. this preamble are available for Authority: 30 U.S.C. 1201 et seq. SUPPLEMENTARY INFORMATION: inspection or copying from at the offices of Coast Guard Group Miami, FL, 100 Drafting Information 2. Section 935.15 is amended by Macarthur Causeway, Miami Beach, FL adding new paragraph (xxx) to read as The drafters of this notice are LTJG C. 33139 between 7 a.m. and 3:30 p.m., follows: A. Roskam, Project Manager for the Monday through Friday, except Federal Captain of the Port, and LCDR J.C. holidays. § 935.15 Approval of regulatory program Odell, Project Counsel, Thirteenth Coast FOR FURTHER INFORMATION CONTACT: amendments. Guard District Legal Office. LTJG B.E. Dailey, Coast Guard Group Miami, Florida at (305) 535–4492. Discussion of Regulations * * * * * SUPPLEMENTARY INFORMATION: In The race sponsor, Tri-City Water accordance with 5 U.S.C. § 553, a notice (xxx) The following amendment Follies, submitted an application to of proposed rulemaking has not been (Program Amendment 69R) pertaining hold this year’s race on July 28, 29, and published for these regulations. to the Ohio regulatory program, as 30, 1995. The event is the 30th Annual Following normal rulemaking submitted to OSM on September 22, Kennewick, Washington, Columbia procedures would have been 1994, and revised on March 8 and May Unlimited Hydroplane Race. Fifty impracticable, as there was not 3, 1995, is approved, effective July 17, formula one unlimited hydroplanes will sufficient time remaining to publish 1995: OAC 1501:13–1–03(D)(2), (I)(1), participate in the races which will proposed rules in advance of the event. (J)(1), and (L)(1)–(3) (Financial interest consist of several five-boat heats statements) and OAC 1501:13–7– traveling around an oval course. The Drafting Information 05(A)(2)(b)(ii), (A)(2)(c)(ii) and (B)(2)(c) location of the race is midstream on the The drafters of these regulations are (Yield data for phase III bond release). Columbia River, between the western LTJG Bryan E. Dailey, Project Officer, end of Hydro Island, river mile 332, and USCG Group Miami, and LT Jacqueline [FR Doc. 95–17379 Filed 7–14–95; 8:45 am] the western end of Clover Island, river Losego, Project Attorney, Seventh Coast BILLING CODE 4310±05±M mile 329. Because this is the type of Guard District Legal Office. 36356 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations Discussion of Regulations required to educate the event a.m. EDT and terminate on 4:30 p.m. Super Boat Racing, Inc., is sponsoring participants regarding the possible EDT that day. In the event of inclement a high speed power boat race with presence of manatees and the weather, an alternate rain date of approximately thirty-five (35) race appropriate precautions to take if the September 11, 1995 is established with boats, ranging in length from 24 to 50 animals are sighted. these same times. feet, participating in the event. There List of Subjects in 33 CFR Part 100 Dated: June 8, 1995. will be approximately two hundred Marine safety, Navigation (water), William P. Leahy, (200) spectator craft. The race will take Rear Admiral, U.S. Coast Guard Commander, place in the Atlantic Ocean 1,000 feet Reporting and recordkeeping requirements, Waterways. Seventh Coast Guard District. off the Miami Beach shore from Miami [FR Doc. 95–17492 Filed 7–14–95; 8:45 am] Beach Clock Tower to Atlantic Heights. Final Regulation BILLING CODE 4910±14±M The race boats will be competing at high In consideration of the foregoing, Part speeds with numerous spectator craft in 100 of Title 33, Code of Federal the area, creating an extra or unusual Regulations, is amended as follows: 33 CFR Part 100 hazard in the navigable waterways. 1. The authority citation for Part 100 [CGD 05±95±037] Regulatory Evaluation continues to read as follows: This regulation is not a significant Authority: 33 U.S.C. 1233, 49 CFR 1.46 and Special Local Regulations for Marine regulatory action under section 3(f) of 33 CFR 100.35. Events; Washington Summer Festival; Tar River, Washington, NC Executive Order 12866 and does not 2. A temporary section 100.35T07– require an assessment of potential costs 008 is added to read as follows: AGENCY: Coast Guard, DOT. and benefits under section 6(a)(3) of that ACTION: Temporary rule. order. It has been exempted from review § 100.35T07±008 City of Miami Beach, FL by the Office of Management and (a) Regulated Area: SUMMARY: Special local regulations are Budget under that order. It is not (1) A regulated area is established by being adopted for Washington Summer significant under the regulatory policies a line joining the following points: Festival. This special local regulation is and procedures of the Department of 25° 45′.5N, 080° 07′.8W; thence to, necessary to control vessel traffic in the Transportation (DOT) (44 FR 11040; 25° 45′.3N, 080° 06′.4W; thence to, immediate vicinity of this event. The February 26, 1979). The Coast Guard 25° 51′.2N, 080° 05′.7W; thence to, effect will be to restrict general expects the economic impact of this 25° 51′.35N, 080° 07′.1W; thence along navigation in the regulated area for the proposal to be so minimal that a full the shoreline to the starting point. safety of spectators and participants. Regulatory Evaluation under paragraph (2) A spectator area is established in EFFECTIVE DATE: This regulation is 10e of the regulatory policies and the regulated area for spectator traffic effective from 1 p.m. to 4 p.m. July 30, procedures of DOT is unnecessary. and is defined by a line joining the 1995. Entry into the regulated area is following points, starting from: FOR FURTHER INFORMATION CONTACT: prohibited for only 5 hours on the day 25° 46′.35N, 080° 06′.8W; thence to, Stephen L. Phillips, Chief, Boating of the event. ° ′ ° ′ Since the impact of this rule is 25 45 .3N, 080 06 .4W; thence to, Affairs Branch, Boating Safety Division, 25° 51′.2N, 080° 05′.7W; thence to, expected to be minimal, the Coast Guard Fifth Coast Guard District, 431 Crawford 25° 51′.3N, 080° 06′.2W; and back to the certifies that it will not have a Street, Portsmouth, Virginia 23704–5004 starting point. significant economic impact on a (804) 398–6204, or Commander, Coast substantial number of small entities. (3) A buffer zone of 300 feet separates Guard Group Fort Macon Operations the race course and the spectator areas. (919) 247–4545. Federalism [NAD 83] SUPPLEMENTARY INFORMATION: In This action has been analyzed in (b) Special local regulations: accordance with 5 U.S.C. 553, a notice accordance with the principles and (1) Entry into the regulated area by of proposed rulemaking has not been criteria contained in Executive Order other than event participants is published for these regulations and 12612, and it has been determined that prohibited unless otherwise authorized good cause exists for making them the rulemaking does not have sufficient by the Patrol Commander. At the effective in less than 30 days from the federalism implications to warrant the completion of scheduled races and date of publication. Adherence to preparation of a Federalism Assessment. departure of participants from the normal rulemaking procedures would regulated area, traffic may resume Environmental Assessment not have been possible. Specifically, the normal operations. At the discretion of sponsor’s application to hold the event The Coast Guard has considered the the Patrol Commander, between was not received in the district office environmental impact of this action scheduled racing events, traffic may be until May 23, 1995, leaving insufficient consistent with Section 2.B. of permitted to resume normal operations. time to publish a notice of proposed Commandant Instruction M16475.1B. In (2) A succession of not fewer than 5 rulemaking in advance of the event. accordance with that section, this action short whistle or horn blasts from a has been environmentally assessed (EA patrol vessel will be the signal for any Drafting Information completed), and the Coast Guard has and all vessels to take immediate steps The drafters of this notice are QM2 determined that it will not significantly to avoid collision. The display of an Gregory C. Garrison, project officer, affect the quality of the human orange distress smoke signal from a Boating Affairs Branch, Fifth Coast environment. An environmental patrol vessel will be the signal for any Guard District, and CDR C.A. Abel, assessment and finding of no significant and all vessels to stop immediately. project attorney, Fifth Coast Guard impact have been prepared and are (3) Spectators are required to maintain District Legal Staff. available for inspection and copying a safe distance from the race course at from the office listed in the all times. Background and Purpose ‘‘ADDRESSES’’ section above. As a (c) Effective dates: This section is The Washington Beaufort County condition to the permit, the applicant is effective on September 10, 1995 at 11:30 Chamber of Commerce submitted an Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36357 application to hold the Washington List of Subjects in 33 CFR Part 100 33 CFR Part 117 Summer Festival on July 30, 1955, on [CGD01±95±052] the Tar River. The event consists of a Marine safety, Navigation (water), water ski show involving approximately reporting and recordkeeping RIN 2115±AE47 four ski boats. The boats will make requirements, waterways. several passes in both directions with Proposed Regulations: In Drawbridge Operation Regulations; different skiing formations. consideration of the foregoing, Part 100 Manchester Harbor, MA of Title 33, Code of Federal Regulations Discussion of Regulations AGENCY: Coast Guard, DOT. is amended as follows: ACTION: Temporary final rule with These regulations are necessary to request for comments. control spectator craft and provide for PART 100Ð[AMENDED] the safety of life and property on SUMMARY: The Coast Guard is 1. The authority citation for Part 100 navigable waters during the event. Since temporarily changing the operating continues to read as follows: the main channel will not be closed for regulations that govern the Manchester an extended period of time, commercial Authority: 33 U.S.C. 1233; 49 CFR 1.46 and Amtrak Bridge (formerly the Boston and traffic should no be severely disrupted. 33 CFR 1090.35. Maine Railroad Bridge), at mile 1.0 in Manchester, Massachusetts. This change Regulatory Evaluation 2. A temporary Section 100.35–537 is will require the bridge to be crewed for added to read as follows: three additional hours each day during This proposal is not a significant the 1995 boating season. This rule is regulatory action under section 3(f) of § 100.35T05±037 Tar River, Washington, North Carolina. based upon satisfactory experience with Executive Order 12866 and does not a temporary deviation from the require an assessment of potential costs (a) Regulated area: The waters of the operating regulations that was in effect and benefits under section 6(a)(3) of that Tar River bounded to the North by the for the 1994 boating season. Comment order. It has been exempted from review Highway 17 Bridge, center point at letters supporting the deviation were by the Office of Management and latitude 35°32′33′′ North, longitude received in March 1995, well after the Budget under that order. It is not 77°03′42′′ West; and bounded to the end of the comment period for the significant under the regulatory policies South by the Tar River Railroad Bridge, deviation had ended in October, 1994. and procedures of the Department of center point at latitude 35°32′08′′ North, Since those comment letters were Transportation (DOT) (44 FR 11040; longitude 77°03′12′′ West. [NAD 83] received at such a late date, it was not February 26, 1979). The Coast Guard possible to make a permanent change to (b) Definitions: Coast Guard Patrol expects the economic impact of this the regulations in time for the 1995 Commander. The Coast Guard Patrol proposal to be so minimal that a fully boating season. The Coast Guard Commander is any commissioned, Regulatory Evaluation under paragraph determined that in order to implement 10e of the regulatory policies and warrant, or petty officer of the Coast desired changes to the operating procedures of DOT is unnecessary. This Guard who has been designated by the regulations in time for the 1995 boating regulation will only be in effect for three Commander, Coast Guard Group Fort season, a temporary final rule would be hours, and the impacts on routine Macon to act on his behalf. required, with a comment period ending navigation are expected to be minimal. (c) Special Local Regulations: after the boating season. This change Small Entities (1) Except for participants of may be proposed as a permanent change Washington Summer Festival and as a result of comments received. Because it expects the impact of this vessels authorized by the Coast Guard EFFECTIVE DATE: This rule is effective rule to be minimal, the Coast Guard Patrol Commander, no person or vessel from July 17, 1995 through September certifies under 5 U.S.C. 605(b), that this may enter or remain in the regulated 30, 1995. Comments must be received rule will not have a significant area without the permission of the on or before October 31, 1995. economic impact on a substantial Patrol Commander. ADDRESSES: Comments should be number of small entities. (2) The operator of any vessel in this mailed to Commander (obr), First Coast Federalism Assessment area shall: Guard District, Captain John Foster Williams Federal Building, 408 Atlantic This action has been analyzed in (i) Stop the vessel immediately when Ave., Boston, Massachusetts 02110– accordance with the principles and directed to do so by any commissioned, 3350. Comments also may be hand- criteria contained in Executive Order warrant, or petty officer on board a delivered to room 628 at the same 12612, and it has been determined that vessel displaying a Coast Guard ensign. address between 6:30 a.m. and 3 p.m., the final rule does not raised sufficient (ii) Proceed as directed by any Monday through Friday, except federal federalism implications to warrant the commissioned, warrant or petty officer holidays. The telephone number is (617) preparation of a Federalism Assessment. on board a vessel displaying a Coast 223–8364. Comments will become part Guard ensign. of this docket and will be available for Environmental Assessment inspection or copying at the above (d) Effective dates: This section is address. The Coast Guard considered the effective from 1 p.m. to 4 p.m. July 30, environmental impact of this proposal, 1995. FOR FURTHER INFORMATION CONTACT: and consistent with Section 2.B of John W. McDonald, Project Officer, Dated: June 14, 1995. Commandant Instruction M16475.1B Bridge Branch, (617) 223–8364. W.J. Ecker, has conducted an environmental SUPPLEMENTARY INFORMATION: assessment of the proposed action, and Rear Admiral, U.S. Coast Guard Commander, has determined that the actions to be Fifth Coast Guard District. Request for Comments taken under this regulation will have no [FR Doc. 95–17493 Filed 7–14–95; 8:45 am] Interested persons are invited to significant impact on the environment. BILLING CODE 4910±14±M participate in this rulemaking by 36358 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations submitting written views, comments, comments, the Coast Guard initiated The letters supporting the change data, or arguments. Persons submitting this rulemaking. were received March 15, 1995, well after comments should include their names the comment period for the temporary Background and Purpose and addresses, identify this rulemaking deviation had ended. The Coast Guard (CGD01–95–052), the specific section of The Manchester Amtrak Bridge was believes that based upon all the this rule to which each comment formerly owned and operated by the comment letters received and the safety applies, and give reasons for each Boston and Maine Railroad (B&M), issues involved, that a change to the comment. The Coast Guard requests that which is no longer in business. The regulations is justified. all comments and attachments be current owner of the bridge is the The Coast Guard has decided that the submitted in an 81⁄2′′×11′′ unbound National Railroad Passenger Corporation hours the bridge is crewed during the format suitable for copying and (Amtrak). The MBTA is the bridge boating season should be increased. In electronic filing. If that is not practical, operator. order to meet the reasonable needs of a second copy of any bound material is The existing operating regulations navigation and to not impose an requested. Persons desiring require that the bridge be crewed from unreasonable burden of expense on the acknowledgment that their comments 1 April through 1 November from 9 a.m. bridge owner, the Coast Guard has have been received should enclose a to 6 p.m., with a one hour lunch closure determined has an increase of three stamped, self-addressed post card or between 1 p.m. and 2 p.m. daily. hours a day from June 1 through envelope. The Coast Guard received a request in September 30, 6 p.m. to 9 p.m., is a The Coast Guard will consider all May, 1994, from the Manchester Chief reasonable compromise. comments received during the comment of Police and several mariners located The Coast Guard determined that in period. The Coast Guard plans no public upstream of the bridge to extend the order to implement the requested hearing. Persons may request a public hours that the Manchester Amtrak changes to the operating regulations in hearing by writing to Commander (obr), Bridge is crewed during the peak time for the 1995 boating season, a First Coast Guard District at the address boating season from June 1 through temporary final rule would be required, listed under ADDRESSES. The request September 30. with a comment period ending after the should include reasons why a hearing In response, the First Coast Guard boating season. A permanent change if would be beneficial. If it determines that District Commander signed a temporary appropriate, would then be proposed to the opportunity for oral presentations (90 day) deviation from the operating make the changes to the operating will aid this rulemaking, the Coast regulations to evaluate the following regulations permanent. Guard will hold a public hearing at a changes during the 1994 boating season. Discussion of Proposed Amendments time and place announced by a later The temporary deviation extended the notice in the Federal Register. hours that the bridge was crewed by an This rule will require that the bridge Drafting Information additional five hours a day, from June be crewed an extra 3 hours a day during The drafters of this notice are Mr. 1 through September 30. The operating the 1995 boating season. The operating John W. McDonald, Project Officer, hours implemented by the temporary hours will be extended from 6 p.m. until Bridge Branch and Lieutenant deviation required the bridge to be 9 p.m. each day. Commander Samuel R. Watkins, Project crewed from 8 a.m. to 9 p.m. daily. It The hours that the bridge is crewed Counsel, District Legal Office. also eliminated the one hour lunch hour from April 1 through May 31 and from closure from 1 p.m. to 2 p.m. each day. October 1 through November 1 would Regulatory History Following the expiration of the remain 9 a.m. to 1 p.m. and 2 p.m. to On June 14, 1994 a temporary temporary deviation, the Coast Guard 6 p.m. These changes should allow the deviation from the operating regulations received seven petition letters from mariners to enjoy the prime boating for the Manchester Amtrak Bridge was mariners, one letter representing forty- season and also enhance public safety. published in the Federal Register (59 five boat owners located upstream of the Previously, mariners were forced FR 30524; June 14, 1994). This deviation bridge at the Manchester Harbor Marina, either to return early after sailing or tie required that the bridge be crewed an one letter from the Manchester Chief of up at locations outside of the bridge additional 5 hours daily from 1 June Police and one letter from the (and the inner harbor where their through 30 September. Interested parties Manchester Harbormaster. All the letters moorings are located) if they returned were given until October 31, 1994 to were in favor of the change to the after 6 p.m. The harbormaster indicated submit comments regarding the operating hours and urged the Coast that the increased operating hours temporary deviation. The Coast Guard Guard to make them a permanent would be a safety advantage in the event received only one letter during the change to the regulations. of an emergency situation. Planned and comment period. The Massachusetts The Coast Guard received only one emergency patrols would be able to Bay Transportation Authority (MBTA), letter in opposition to the proposed transmit through the bridge to the inner the bridge operator, opposed extending changes to the regulations. The MBTA, harbor on a more frequent basis in the the operating hours of the bridge. the bridge operator, opposed the event of a vessel in distress or a vessel After the close of the comment period proposal to extend the operating hours on fire. the Coast Guard received seven petition of the bridge. Their objection was based The bridge owner will be required by letters, as well as one letter representing upon the additional cost of crewing the this rule to post and maintain clearance 45 mariners located upstream of the bridge during the boating season. gauges to assist mariners in transiting bridge at the Manchester Harbor Marina, The Coast Guard did not proceed with the bridge during periods when the one letter from the Manchester Chief of a permanent change to the regulations draw is not crewed or to reduce Police and one letter from the immediately after the temporary unnecessary openings. Manchester Harbormaster. All of the deviation expired because it received The advance notice request telephone letters were in favor of making the only one comment letter from the number has been changed because operating schedule of the temporary MBTA, in opposition, during the Boston and Maine, the former bridge deviation a permanent change to the comment period that closed October 31, owner, has gone out of business and no regulations. In response to these 1994. longer operates the bridge. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36359 Regulatory Evaluation copying where indicated under the hour and half hour opening ADDRESSES schedule on weekends and holidays This rule is not a significant ‘‘ ’’. from 9 a.m. to 10 p.m. It will also regulatory action under section 3(f) of List of Subjects in 33 CFR Part 117 require that during evening rush hours Executive Order 12866, and does not Bridges. Monday through Thursday, from 4 p.m. require an assessment of potential costs to 7 p.m. and on Fridays from noon to and benefits under section 6(a)(3) of that For the reasons set out in the 7 p.m., the draw need only open 15 order. If has been exempted from review preamble, the Coast Guard is amending minutes before and 15 minutes after the by the Office of Management and 33 CFR part 117 as follows: hour. This temporary change to the Budget under that order. It is not PART 117ÐDRAWBRIDGE regulations is being implemented to significant under the regulatory policies OPERATION REGULATIONS examine its effect on vehicular and and procedures of the Department of marine traffic during the above periods. Transportation (DOT) (44 FR 11040; 1. The authority citation for Part 117 This action should still provide for the February 26, 1979). The Coast Guard continues to read as follows: reasonable needs of navigation. expects the economic impact to be so Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 EFFECTIVE DATES: minimal that a full Regulatory This temporary rule is CFR 1.05–1(g); section 117.255 also issued effective on July 17, 1995 and Evaluation, under paragraph 10e of the under the authority of Pub. L. 102–587, 106 terminates on September 4, 1995. regulatory policies and procedures of Stat. 5039. Comments must be received on or DOT, is unnecessary. This conclusion is 2. Section 117.603 is suspended and before September 30, 1995. based on the fact that bridges must a new section 117.604 is added to read ADDRESSES: Comments may be mailed to operate in accordance with the needs of as follows: navigation and that this change will Commander (obr), First Coast Guard provide longer operating hours which § 117.604 Manchester Harbor. District, Bldg. 135A, Governor Island, were requested by mariners. New York, 10004–5073, or may be The Manchester Amtrak Bridge at hand-delivered to the same address Small Entities mile 1.0, in Manchester, shall operate as between 8 a.m. and 4:30 p.m., Monday follows: Under the Regulatory Flexibility Act through Friday, except federal holidays. (a) The draw shall open on signal The telephone number is (212) 668– (5 U.S.C. 601 et seq.), the Coast Guard from April 1 through May 31 from 9 must consider whether this action will 7170. The comments will become part a.m. to 1 p.m. and from 2 p.m. to 6 p.m.; of this docket and will be available for have a significant economic impact on from June 1 through September 30 from a substantial number of small entities. inspection and copying by appointment 9 a.m. to 1 p.m. and from 2 p.m. to 9 at the above address. ‘‘Small entities’’ include independently p.m.; from October 1 through November FOR FURTHER INFORMATION CONTACT: owned and operated small businesses 1 from 9 a.m. to 1 p.m. and from 2 p.m. Mr. Gary Kassof, Chief, Bridge Branch, that are not dominant in their field and to 6 p.m. First Coast Guard District, (212) 668– that otherwise qualify as ‘‘small (b) At all other times, at least two 7069. business concerns’’ under section 3 of hours notice is required from 6:45 a.m. the Small Business Act (15 U.S.C. 632). to 3:45 p.m. and at least five hours SUPPLEMENTARY INFORMATION: Because of the reasons discussed in the notice is required from 3:45 p.m. to 6:45 Request for Comments Regulatory Evaluation above, the Coast a.m. by calling the number posted at the Guard certifies under 5 U.S.C. 605(b) bridge. The Coast Guard encourages that this action, if adopted, will not interested persons to participate in this have a significant economic impact on Dated: July 6, 1995. rulemaking by submitting written views, a substantial number of small entities. J.L. Linnon, comments, data, or arguments. Persons Rear Admiral, U.S. Coast Guard, Commander, submitting comments should include Collection of Information First Coast Guard District. their names and addresses, identify this This rule contains no collection of [FR Doc. 95–17487 Filed 7–14–95; 8:45 am] rulemaking (CGD01–95–092), the information requirements under the BILLING CODE 4910±14±M specific section of this proposal to Paperwork Reduction Act (44 U.S.C. which each comment applies, and give 3501 et seq.). reasons for each comment. The Coast 33 CFR Part 117 Guard requests that all comments and Federalism [CGD01±95±092] attachments be submitted in an The Coast Guard has analyzed this unbound format no larger than 81⁄2′′ by rule in accordance with the principles RIN 2115±AE47 11′′, suitable for copying and electronic and criteria contained in Executive Drawbridge Operation Regulations; filing. If that is not practical, a second Order 12612, and it has determined that Manasquan River, NJ copy of any bound material is requested. this regulation does not have sufficient Persons desiring acknowledgment that federalism implications to warrant AGENCY: Coast Guard, DOT. their comments have been received preparation of a Federalism Assessment. ACTION: Temporary final rule with should enclose a stamped, self- request for comments. addressed post card or envelope. Environment The Coast Guard will consider all The Coast Guard considered the SUMMARY: At the request of the New comments received during the comment environmental impact of this rule and Jersey Department of Transportation period, and may change this proposal in concluded that, under section (NJDOT), the Coast Guard is light of comments received. The Coast 2.B.2.e.(32)(e) of Commandant implementing temporary regulations for Guard plans no public hearing. Persons Instruction M16475.1B, this proposal is the Route 35 drawbridge across the New may request a public hearing by writing categorically excluded from further Jersey Intracoastal Waterway (ICW), to Commander (obr) First Coast Guard environmental documentation. A Manasquan River, mile 1.1, between District at the address listed under Categorical Exclusion Determination is Brielle and Point Pleasant Beach, New ADDRESSES. The request should include available in the docket for inspection or Jersey. This temporary rule will extend reasons why a hearing would be 36360 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations beneficial. If the Coast Guard temporary regulation was requested to February 26, 1979). The Coast Guard determines that the opportunity for oral evaluate the benefits and problems to expects the economic impact of this rule presentations will aid this rulemaking, both vehicular and marine traffic. to be so minimal that a full Regulatory the Coast Guard will hold a public In accordance with 5 U.S.C. 553, a Evaluation, under paragraph 10e of the hearing at a time and place announced notice of proposed rulemaking was not regulatory policies and procedures of by a later notice in the Federal Register. published for these regulations and DOT is unnecessary. This is based upon good cause exists for making them Drafting Information the fact that commercial vessels will not effective in less than 30 days after be affected by this rule and that this rule The drafters of this notice are Mr. J. Federal Register publication. Publishing will not prevent recreational boaters Arca, Project Officer, Bridge Branch and a Notice of Proposed Rulemaking and from transiting the bridge. Rather it will Lieutenant Commander Samuel R. delaying the effective date of the only require them to adjust their time of Watkins, Project Attorney, District Legal temporary rule would be contrary to the arrival for openings to 15 minutes before Office. public interest since implementation of and 15 minutes after the hour. Background and Purpose these regulations would not permit evaluation during the prime recreational Small Entities Two bridges cross the Mansaquan boating season when the greatest Under the Regulatory Flexibility Act River between Brielle and Point measurable impacts and benefits occur. (5 U.S.C. 601 et seq.), the Coast Guard Pleasant Beach, New Jersey. The first is The current regulation provides that must consider whether this rule will the Brielle Point Pleasant (NJTRO) the draw of the Route 35 bridge, mile have a significant economic impact on Bridge at mile 0.9, owned and operated 1.1 (Manasquan River) at Brielle, shall a substantial number of small entities. by New Jersey Transit Rail Operations open on signal, except that from ‘‘Small entities’’ include independently (NJTRO). It has a horizontal clearance of Memorial Day through Labor Day on owned and operated small businesses 48 feet and a vertical clearance of 3 feet Saturdays, Sundays, and Federal that are not dominant in their fields and as mean high water (MHW) and 6 feet holidays from 10 a.m. to 8 p.m., the that otherwise qualify as ‘‘small at mean low water (MLW). The narrow draw need only open on the hour and business concerns’’ under section 3 of horizontal clearance normally permits half hour. The draw opens at all times the Small Business Act (15 U.S.C. 632). the passage of only one boat at a time as soon as possible for passage of public Because of the reasons discussed in the through the draw in either direction. vessels used for public safety, Regulatory Evaluation above, the Coast During the period Memorial Day to commercial vessels and vessels in Guard certifies under 5 U.S.C. 605(b) Labor Day, the Brielle Point Pleasant distress. that this action, if adopted, will not (NJTRO) bridge is normally maintained The NJDOT is also conducting a study have a significant economic impact on in the open position and closed 4 to 5 of highway traffic patterns both north a substantial number of small entities. minutes before the arrival of a train. and south of the route 35 bridge to Collection of Information The second bridge is the Route 35 determine what additional corrective bridge located at mile 1.1. It has a measures are needed to help reduce This temporary final rule contains no horizontal clerarance of 90 feet and a traffic congestion. collection of information requirements vertical clearance of 30 feet at MHW and under the Paperwork Reduction Act (44 33 feet at MLW. The Route 35 Bridge Discussion of Regulation U.S.C. 3501 et seq.). opens for commercial vessels, sailboats, This temporary rule will require and recreational power vessels with openings 15 minutes before and 15 Federalism tuna towers and outriggers. minutes after the hour from 4 p.m. to 7 The Coast Guard has analyzed this During the recreational boating season p.m. Monday through Thursday and 12 rule in accordance with the principles the daily weekday volume of marine noon through 7 p.m. on Fridays. and criteria contained in Executive traffic transiting through the Route 35 It is expected that this will alleviate Order 12612 and it has determined that Bridge between 6 a.m. and 2 p.m. is some vehicular traffic congestion as this temporary final rule does not have greater than 200 vessels, and between 2 well as safety problems for recreational sufficient federalism implications to p.m. and 10 p.m. is more than 400 and commercial vessels that are caused warrant preparation of a Federalism vessels. The volume of marine traffic when they must hold or maneuver Assessment. increase on weekends. The number of between the Route 35 and Brielle Point Environment daily vessel transits on weekends Pleasant NJTRO bridge while awaiting between 6 a.m. and 2 p.m. is greater bridge openings. The Coast Guard considered the than 600 vessels, and between 2 p.m. This temporary final regulation is environmental impact of this temporary and 10 p.m. is more than 1000 vessels. being published to evaluate suggested final rule and concluded that, under Train schedules limit the times changes to the drawbridge regulation section 2.B.2. of Commandant vessels can transit the waterway. during the prime recreational boating Instruction M16475.1B, (as revised by Monday through Friday, 14 trains cross season. 59 FR 38654, July 29, 1994) this rule is the NJTRO bridge between 1 a.m. and 12 categorically excluded from further noon; 21 trains cross the bridge between Regulatory Evaluation environmental documentation. A 12 noon and 11 p.m. This rule is not a significant Categorical Exclusion Determination is Statistics provided by NJDOT show regulatory action under section 3(f) of available in the docket for inspection that the number of bridge openings for Executive Order 12866 and does not and copying where indicated under vessels during the past seven years require an assessment of potential costs ADDRESSES. remained relatively constant, averaging and benefits under section 6(a)(3) of that 2300 to 2400 openings a year. The order. It has been exempted from review List of Subjects in 33 CFR Part 117 duration of openings average by the Office of Management and Bridges. approximately seven minutes. Budget under that order. It is not For the reasons set out in the Occasional back to back bridge openings significant under the regulatory policies preamble, the Coast Guard is have interrupted vehicular traffic for and procedures of the Department of temporarily amending 33 CFR part 117 extended periods of time. The proposed Transportation (DOT) (44 FR 11040; as follows: Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36361 PART 117ÐDRAWBRIDGE hazardous air pollutants (regulated document, which is available from the OPERATION REGULATIONS under section 112). contact listed above. DATES: This final rule is effective II. Review of State Submittal 1. The authority citation for part 117 September 15, 1995 unless by August continues to read as follows: 16, 1995 adverse or critical comments A. Rule Revisions Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 are received. K.A.R. 28–19–7, Definitions. Over 30 CFR 1.05–1(g); section 117.255 also issued ADDRESSES: Comments may be mailed to definitions were revised or added. New under the authority of Pub. L. 102–587, 106 Wayne A. Kaiser, Environmental Stat. 5039. definitions were necessary due to the Protection Agency, Air Branch, 726 adoption of the Title V permitting rules 2. Section 117.733 is temporarily Minnesota Avenue, Kansas City, Kansas and the related class II permitting rules. amended by suspending paragraph (b) 66101. Some definitions were simply moved and adding a new paragraph (k) to read Copies of the documents relevant to from existing rules to the definitions as follows: this action are available for public rule for the purpose of consolidating all inspection during normal business definitions in one rule. Other revisions § 117.733 New Jersey Intracoastal hours at the: Environmental Protection Waterway. were nonsubstantive grammatical or Agency, Air Branch, 726 Minnesota * * * * * clarifying revisions. A detailed Avenue, Kansas City, Kansas 66101; and discussion of each revision to this rule (k) The draw of the Route 35 bridge, EPA Air and Radiation Docket and mile 1.1 (Manasquan River) at Brielle, is contained in the TSD. Information Center, 401 M Street, SW., K.A.R. 28–19–8, Reporting required. shall open on signal from July 17, 1995 Washington, DC 20460. This regulation formerly described through September 4, 1995, except as FOR FURTHER INFORMATION CONTACT: emission levels which triggered follows: Wayne A. Kaiser at (913) 551–7603. requirements to obtain construction and (1) From 9 a.m. to 10 p.m., Saturdays, operating permits and approvals. Sundays and Federal holidays, the draw SUPPLEMENTARY INFORMATION: Revisions were required to remove those need only open on the hour and half I. Background provisions relating to operating permits hour. that now appear in regulations relating (2) From 4 p.m. to 7 p.m., Mondays Kansas recently restructured its air specifically to the new class I and class through Thursdays except Federal program rules as a result of the need to II operating permits programs. holidays, and on Fridays from 12 noon develop a major source operating permit K.A.R. 28–19–14, –14a, –14b, to 7 p.m. the draw need only open 15 program consistent with the pertaining to permits and fees. These minutes before and 15 minutes after the requirements of 40 CFR part 70. were revised because most of these hour. Consequently, the state created a three- tiered permit program: class I, class II, provisions are now contained in new Dated: July 6, 1995. and class III. Class I permits will be rules. Rule K.A.R. 28–19–14b was J.L. Linnon, issued to part 70 major sources, class II revoked in the 1994 revision, and –14a Rear Admiral, U.S. Coast Guard, Commander, permits to nonmajor sources and to was revised in 1994 and revoked in First Coast Guard District. those willing to take Federally 1995. [FR Doc. 95–17488 Filed 7–14–95; 8:45 am] enforceable operating restrictions to K.A.R. 28–19–204, General BILLING CODE 4910±14±M limit their potential-to-emit to nonmajor provisions, permit issuance and source levels, and class III permits for modification; public participation. This all other emission sources (i.e., sources new regulation includes general ENVIRONMENTAL PROTECTION with emission levels lower than the requirements for public participation in AGENCY class II cutoff levels). This SIP revision the permitting process, including includes revisions to existing SIP rules, construction permits and class II 40 CFR Part 52 including the definitions rule and operating permits. construction permits rules, and new K.A.R. 28–19–212, General [KS±5±1±6958a; FRL±5250±4] rules which create general permits and provisions; approved test methods and Approval and Promulgation of class II operating permits, including emission compliance determination Implementation Plans and Section permits-by-rule. These rule revisions are procedures. This rule includes most test 112(l) Program for the Issuance of the result of three state rulemakings, methods required by other rules, Federally Enforceable State Operating effective in 1993, 1994, and 1995. including adoption by reference of Permits; State of Kansas On February 17, 1995, the Secretary of methods in 40 CFR parts 51, 60, 61, and the Kansas Department of Health and 63. In 58 FR 54677 (October 22, 1993), AGENCY: Environmental Protection Environment (designee of the Governor) the EPA announced that SIP calls Agency (EPA). submitted the SIP revision and pursuant to section 110(k)(5) of the Act ACTION: Direct final rule. supporting information to the EPA would be issued in order to implement Region VII Administrator. In a the monitoring requirements of section SUMMARY: This final action approves a supplemental letter dated March 8, 114(a)(3), including the periodic revision to the State Implementation 1995, the state also requested that EPA monitoring requirements for operating Plan (SIP) submitted by Kansas. The approve the class II permitting rules permits pursuant to sections 502(b)(2) state’s revision includes the creation of under the authority of section 112(l) for and 504. This SIP call is required, a class II operating permit program, and the purpose of conferring Federally because existing SIPs are inadequate in revisions and additions to existing SIP enforceable limitations on hazardous air that they may be interpreted to limit the rules. The approval of the class II pollutants (HAP). EPA’s review and types of testing or monitoring data that permitting program authorizes Kansas to analysis of the entire state submittal is may be used for determining issue Federally enforceable state discussed below. compliance and establishing violations. operating permits addressing both For a more detailed discussion, please On May 6, 1994, the EPA notified the criteria pollutants (regulated under refer to the Technical Support Governor of Kansas that an SIP revision section 110 of the Clean Air Act) and Document (TSD) prepared for this was necessary to meet the 36362 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations aforementioned requirements of the Act. covering numerous similar sources. permits). This rulemaking evaluates Submission of this rule revision fulfills Sources that qualify for a general permit whether Kansas has satisfied the this requirement. This revision provides would then apply for coverage under requirements for this type of Federally that any credible evidence may be used the terms of the general permit. Under enforceable limitation on potential-to- for the purpose of establishing whether the Kansas regulations, general emit. a violation has occurred at the source. construction permits must be approved As specified in the Federal Register of K.A.R. 28–19–300 through 304. These by EPA as SIP revisions before any June 28, 1989, there are five criteria that regulations establish the procedures source may construct under the permit. a state must meet in order to achieve a applicable to the issuance of permits K.A.R. 28–19–500 through 502. These Federally enforceable operating permit and approvals to construct or modify rules establish the general framework program which is approved into the SIP. new air sources. Major portions of these for eligibility of a source for a class I or These criteria apply to both the class II provisions were formerly contained in class II operating permit. program and to the request for approval K.A.R. 28–19–8 and K.A.R. 28–19–14. K.A.R. 28–19–540 through 546. These under section 112(l), discussed below. The threshold criteria pollutant rules establish the class II operating The state of Kansas has met this criteria emission levels for obtaining a permit procedures available for sources by: (1) Submitting this program for construction permit (K.A.R. 28–19– that would otherwise be required to approval; (2) imposing a legal obligation 300(a)(1)) have been increased to make obtain a class I permit. that operating permit holders adhere to them consistent with prevention of K.A.R. 28–19–561 through 563. These the terms and limitations of their significant deterioration (PSD) levels. rules establish the conditions for permits (K.A.R. 28–19–501); (3) Changing these threshold emission issuance of a permit-by-rule to specific requiring that all emissions limitations, levels will not threaten maintenance of source categories. These source controls, and other requirements the ambient air quality standards in the categories may limit their potential-to- imposed by permits will be at least as state. Air quality modeling for criteria emit to a level that removes them from stringent as any other applicable pollutants has been performed in the class I program, provided that the limitations and requirements contained connection with new and modified source meets the criteria established in in or enforceable under the SIP (K.A.R. source permit applications over the past these regulations and complies with the 28–19–501(b)(1) and (2); (4) further 10 years. The modeling results recordkeeping and reporting provisions, requiring the limitations, controls, and demonstrate that sources with a if applicable. The three source requirements of the permits to be potential-to-emit of less than the PSD categories for which permit-by-rule are permanent, quantifiable, and otherwise significance levels have not threatened available are: reciprocating engines, enforceable as a practical matter (K.A.R. the maintenance of air quality in organic solvent evaporative sources, and 28–19–501(b)(3)); and (5) providing that Kansas. hot mix asphalt facilities. the permits issued are subject to public K.A.R. 28–19–300(b)(1) establishes B. Class II Operating Permit Program participation and EPA review (K.A.R. the emissions thresholds for a 28–19–501(e)). construction approval. These thresholds For many years, Kansas has been The June 28, 1989, Federal Register are unchanged from K.A.R. 28–19–8 issuing permits for major new sources document also states that EPA may with the exception of particulate matter and for major modifications of existing deem permit restrictions not to be for nonagricultural operations. That sources. Throughout this time, Kansas Federally enforceable if the criteria are threshold has been changed from one or has also been issuing permits not met. Although the Kansas regulation more pounds of particulate matter, establishing limitations on the potential does not expressly provide for this, EPA including but not limited to PM10, emissions from new sources so as to is including a provision in the during any one hour of operation, to the avoid major source permitting rulemaking portion of this document potential-to-emit either five pounds per requirements. This latter type of clarifying that nonconforming permit hour of particulate matter or two permitting has been the subject of requirements may be deemed not pounds per hour of PM10. Based on various guidance from EPA, most Federally enforceable. prior modeling of sources of this size, notably the memorandum entitled The reader may consult the TSD for Kansas has determined that this change ‘‘Guidance on Limiting Potential to Emit a fuller description of how the state has does not threaten maintenance of the in New Source Permitting’’ dated June met these criteria. National Ambient Air Quality 13, 1989. C. Section 112(l) Authority Standards. The operating permit provisions in K.A.R. 28–19–302 provides for a Title V of the Clean Air Act Kansas has also requested that EPA construction permit to include a Amendments of 1990 have created authorize Federally enforceable Federally enforceable operational interest in mechanisms for limiting limitations on potential-to-emit both restriction or permit conditions sources’ potential-to-emit, thereby pollutants regulated under section 110 regarding air pollution control allowing the sources to avoid being of the Act (‘‘criteria pollutants’’) and equipment in order to reduce the defined as ‘‘major’’ with respect to Title pollutants regulated under section 112 potential-to-emit. This allows sources to V operating permit programs. A key (HAPs). As discussed above, the June take Federally enforceable permit mechanism for such limitations is the 28, 1989, Federal Register document restrictions to reduce their potential-to- use of Federally enforceable state provided five specific criteria for emit at the construction stage. The operating permits (FESOP). EPA issued approval of state operating permit restrictions must meet the state’s guidance on FESOPs in the Federal programs for the purpose of establishing requirements for Federally enforceable Register of June 28, 1989 (54 FR 27274). Federally enforceable limits on a operating permits in K.A.R. 28–19– On February 17, 1995, Kansas submitted source’s potential-to-emit. This 1989 501(b), discussed below. its newly adopted class II permitting document, because it was written prior K.A.R. 28–19–400 through 404. These rules to provide for FESOPs in Kansas. to the 1990 Amendments, addressed regulations establish procedures and This rule would supplement the only SIP programs to control criteria conditions for the state to develop and preexisting mechanism for establishing pollutants. Federally enforceable limits issue general construction permits and Federally enforceable limitations on on criteria pollutants (especially volatile class II general operating permits potential-to-emit (i.e., new source organic compounds (VOC) and Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36363 particulate matter) may have the requires EPA to disapprove programs intent of section 112. Accordingly, EPA incidental effect of limiting certain that are inconsistent with guidance finds that Kansas’ program satisfies HAPs listed pursuant to section 112(b). required to be issued under section applicable criteria for establishing This situation would occur when a 112(l)(2). This might be read to suggest Federally enforceable limitations on pollutant classified as an HAP is also that the ‘‘guidance’’ referred to in potential to emit both criteria and classified as a criteria pollutant (e.g., section 112(l)(2) was intended to be a hazardous air pollutants. benzene).1 As a legal matter, no binding rule. Even under this III. Rulemaking Action additional program approval by EPA is interpretation, EPA does not believe that required in order for these criteria section 112(l) requires this rulemaking EPA finds that the criteria for Kansas pollutant limits to be recognized for this to be comprehensive. That is, it need to be able to issue FESOPs are purpose. not address all instances of approval essentially met, and is today approving EPA has determined that the five under section 112(l). EPA has already its rules pertaining to its class II approval criteria for approving FESOP issued regulations under section 112(l) permitting program, as well as programs into the SIP, as specified in that would satisfy this requirement. approving those rules under the the June 28, 1989, Federal Register Given the severe timing problems posed authority of section 112(l). EPA is also document, are also appropriate for by impending deadlines under section approving the additional rules evaluating and approving the programs 112 and Title V, EPA believes it is submitted for approval in the SIP. under section 112(l). The June 28, 1989, reasonable to read section 112(l) to The EPA is publishing this action document does not address HAPs allow for approval of programs to limit without prior proposal because the because it was written prior to the 1990 potential-to-emit prior to issuance of a Agency views this as a noncontroversial Amendments to section 112, and not rule specifically addressing this issue. amendment and anticipates no adverse because it establishes requirements Kansas’ satisfaction of the criteria comments. However, in a separate unique to criteria pollutants. Hence, the published in the Federal Register of document in the Federal Register five criteria discussed above are June 28, 1989, has been discussed publication, the EPA is proposing to applicable to FESOP approvals under above. In addition, Kansas’ FESOP approve the SIP revision should adverse section 112(l) as well as under section program meets the statutory criteria for or critical comments be filed. 110. approval under section 112(l)(5). EPA If the EPA receives such comments, In addition to meeting the criteria in believes that Kansas has adequate this action will be withdrawn before the the June 28, 1989, document, an FESOP authority to ensure compliance with effective date by publishing a program for HAPs must meet the section 112 requirements since the third subsequent document that will statutory criteria for approval under criteria of the June 28, 1989, document withdraw the final action. All public section 112(l)(5). This section allows is met (that is, since the program does comments received will then be EPA to approve a program only if it: (1) not provide for waiving any section 112 addressed in a subsequent final rule Contains adequate authority to ensure requirement). Nonmajor sources would based on this action serving as a compliance with any section 112 still be required to meet applicable proposed rule. The EPA will not standards or requirements; (2) provides section 112 requirements. institute a second comment period on for adequate resources; (3) provides for Regarding adequate resources, Kansas this action. Any parties interested in an expeditious schedule for ensuring has included in its request for approval commenting on this action should do so compliance with section 112 under section 112(l) a commitment to at this time. requirements; and (4) is otherwise likely provide adequate resources to Nothing in this action should be to satisfy the objectives of the Act. implement and enforce the program, construed as permitting or allowing or EPA plans to codify the approval which will be obtained from fees establishing a precedent for any future criteria for programs limiting potential- collected under Title V. EPA believes request for revision to any SIP. Each to-emit HAPs in subpart E of part 63, the that this mechanism will be sufficient to request for revision to the SIP shall be regulations promulgated to implement provide for adequate resources to considered separately in light of specific section 112(l) of the Act. EPA currently implement this program, and will technical, economic, and environmental anticipates that these criteria, as they monitor the state’s implementation of factors and in relation to relevant apply to FESOP programs, will mirror the program to ensure that adequate statutory and regulatory requirements. those set forth in the June 28, 1989, resources continue to be available. Under the Regulatory Flexibility Act, document, with the addition that the Kansas’ FESOP program also meets 5 U.S.C. 600 et seq., EPA must prepare state’s authority must extend to HAPs the requirement for an expeditious a regulatory flexibility analysis instead of, or in addition to, VOCs and schedule for ensuring compliance. A assessing the impact of any proposed or particulate matter. EPA currently source seeking a voluntary limit on final rule on small entities (5 U.S.C. 603 anticipates that FESOP programs that potential-to-emit is probably doing so to and 604). Alternatively, EPA may certify are approved pursuant to section 112(l) avoid a Federal requirement applicable that the rule will not have a significant prior to the subpart E revisions will on a particular date. Nothing in this impact on a substantial number of small have had to meet these criteria and, program would allow a source to avoid entities. Small entities include small hence, will not be subject to any further or delay compliance with the Federal businesses, small not-for-profit approval action. requirement if it fails to obtain the enterprises, and government entities EPA believes it has authority under appropriate Federally enforceable limit with jurisdiction over populations of section 112(l) to approve programs to by the relevant deadline. less than 50,000. limit potential-to-emit HAPs directly Finally, Kansas’ FESOP program is SIP approvals under section 110 and under section 112(l) prior to this consistent with the objectives of the subchapter I, part D of the CAA do not revision to subpart E. Section 112(l)(5) section 112 program, since its purpose create any new requirements, but is to enable sources to obtain Federally simply approve requirements that the 1 EPA intends to issue guidance addressing the enforceable limits on potential-to-emit state is already imposing. Therefore, technical aspects of how these criteria pollutant to avoid major source classification because the Federal SIP approval does limits may be recognized for purposes of limiting a source’s potential-to-emit of HAPs to below under section 112. EPA believes this not impose any new requirements, EPA section 112 major source levels. purpose is consistent with the overall certifies that it does not have a 36364 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations significant impact on any small entities Lead, Nitrogen dioxide, Ozone, DEPARTMENT OF COMMERCE affected. Moreover, due to the nature of Particulate matter, Reporting and the Federal-state relationship under the recordkeeping requirements, Sulfur National Oceanic and Atmospheric CAA, preparation of a regulatory oxides, Volatile organic compounds. Administration flexibility analysis would constitute Dated: June 21, 1995. Federal inquiry into the economic 50 CFR Part 301 Dennis Grams, reasonableness of state action. The CAA [Docket No. 950106003±5070±02; Regional Administrator. forbids EPA to base its actions I.D. 071095H] concerning SIPs on such grounds Part 52, chapter I, title 40 of the Code (Union Electric Co. v. U.S. E.P.A., 427 of Federal Regulations is amended as Pacific Halibut Fisheries; Central U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. follows: Oregon Sport Fishery; Southwest 7410(a)(2)). Washington Sport Fishery; and Non- The Office of Management and Budget PART 52Ð[AMENDED] treaty Area 2A Commercial Fishery has exempted these actions from review 1. The authority citation for part 52 AGENCY: National Marine Fisheries under Executive Order 12866. continues to read as follows: Under section 307(b)(1) of the CAA, Service (NMFS), National Oceanic and petitions for judicial review of this Authority: 42 U.S.C. 7401–7671q. Atmospheric Administration (NOAA), Commerce. action must be filed in the United States Subpart RÐKansas Court of Appeals for the appropriate ACTION: Inseason actions. circuit by September 15, 1995. Filing a 2. Section 52.870 is amended by SUMMARY: The Assistant Administrator petition for reconsideration by the adding paragraph (c)(30) to read as for Fisheries, NOAA, on behalf of the Administrator of this final rule does not follows: International Pacific Halibut affect the finality of this rule for the Commission (IPHC), publishes inseason purposes of judicial review, nor does it § 52.870 Identification of plan. * * * * * actions pursuant to IPHC regulations extend the time within which a petition approved by the U.S. Government to for judicial review may be filed, and (c) * * * (30) On February 17, 1995, the govern the Pacific halibut fishery. This shall not postpone the effectiveness of action is intended to enhance the such rule or action. This action may not Secretary of the Kansas Department of conservation of the Pacific halibut stock be challenged later in proceedings to Health and Environment (KDHE) in order to help sustain it at an adequate enforce its requirements. (See section submitted for approval numerous rule level in the northern Pacific Ocean and 307(b)(2).) revisions which add and revise Under sections 202, 203, and 205 of definitions, revise the Kansas Bering Sea. the Unfunded Mandates Reform Act of construction permit program, and create EFFECTIVE DATES: Closures: 11:59 p.m., 1995 (‘‘Unfunded Mandates Act’’), a class II operating permit program. July 4, 1995, through December 31, signed into law on March 22, 1995, EPA (i) Incorporation by reference. 1995. Opening: 8 a.m. July 5, 1995, must undertake various actions in (A) Revised rules K.A.R. 28–19–7 through 6 p.m. July 5, 1995. association with proposed or final rules effective November 22, 1993; K.A.R. 28– FOR FURTHER INFORMATION CONTACT: that include a Federal mandate that may 19–8 effective January 23, 1995; K.A.R. Steven Pennoyer, 907–586–7221; result in estimated costs of $100 million 28–19–14 effective January 24, 1994; William W. Stelle, Jr., 206–526–6140; or or more to the private sector, or to state, and the revocation of K.A.R. 28–19–14a Donald McCaughran, 206–634–1838. local, or tribal governments in the effective January 23, 1995; and the SUPPLEMENTARY INFORMATION: The IPHC, aggregate. revocation of K.A.R. 28–19–14b under the Convention between the Through submission of this SIP, the effective January 24, 1994. United States of America and Canada state and any affected local governments (B) New rules K.A.R. 28–19–204, 212, for the Preservation of the Halibut have elected to adopt the program 300, 301, 302, 303, 304, 400, 401, 402, Fishery of the Northern Pacific Ocean provided for under section 110 of the 403, 404, 500, 501, 502, 540, 541, 542, and Bering Sea (signed at Ottawa, Clean Air Act. These rules may bind 543, 544, 545, 546, 561, 562, and 563 Ontario, on March 2, 1953), as amended state and local governments to perform effective January 23, 1995. by a Protocol Amending the Convention certain actions and also require the 3. Section 52.872 is added to read as (signed at Washington, DC, on March private sector to perform certain duties. follows: 29, 1979), has issued these inseason To the extent that the rules being § 52.872 Operating permits. actions pursuant to IPHC regulations finalized for approval by this action will Emission limitations and related governing the Pacific halibut fishery. impose new requirements, sources are provisions which are established in The regulations have been approved by already subject to these regulations Kansas operating permits as Federally NMFS (60 FR 14651, March 20, 1995). under state law. Accordingly, no enforceable conditions shall be On behalf of the IPHC, these inseason additional costs to state or local enforceable by EPA. EPA reserves the actions are published in the Federal governments, or to the private sector, right to deem permit conditions not Register to provide additional notice of result from this action. EPA has also Federally enforceable. Such a their effectiveness, and to inform determined that this final action does determination will be made according to persons subject to the inseason actions not include a mandate that may result appropriate procedures and be based of the restrictions and requirements in estimated costs of $100 million or upon the permit, permit approval established therein. more to state or local governments in procedures, or permit requirements Inseason Actions the aggregate or to the private sector. which do not conform with the 1995 Halibut Landing Report Number 8 List of Subjects in 40 CFR Part 52 operating permit program requirements or the requirements of EPA underlying Environmental protection, Air Central Oregon Sport Fishery Closes regulations. pollution control, Carbon monoxide, July 4, 1995 Hydrocarbons, Incorporation by [FR Doc. 95–17214 Filed 7–14–95; 8:45 am] The preliminary catch estimate for the reference, Intergovernmental relations, BILLING CODE 6560±50±P 1995 sport halibut fishery inside the 30- Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36365 fathom curve nearest to the coastline Washington waters from the Queets under regulations promulgated by from Cape Falcon (45°46′00′′ N. lat.) to River (47°31′42′′ N. lat.) south to NMFS and published in the Federal the Florence North Jetty (Siuslaw River, Leadbetter Point (46°38′10′′ N. lat.) Register. The fishing period limits were 44°01′08′′ N. lat.) indicates the 3,314 lb indicates the 15,222 lb (6.90 mt) catch announced in Halibut Landing Report (1.50 metric ton (mt)) catch limit will be limit will be reached on July 4. Number 2. The fishery on July 5, 1995, reached on July 4. Therefore, the sport Therefore, the sport halibut fishery in shall begin at 8 a.m. and end at 6 p.m. halibut fishery in this area will close at this area will close at 11:59 p.m. on July local time. 11:59 p.m. on July 4, 1995, through 4, 1995, through December 31, 1995. Dated: July 11, 1995. December 31, 1995. Nontreaty Area 2A Commercial Opening Richard W. Surdi, Southwest Washington Sport Fishery Acting Director, Office of Fisheries Closes July 4, 1995 The directed commercial Area 2A Conservation and Management, National fishery has fishing period limits and is Marine Fisheries Service. The preliminary catch estimate for the restricted to waters that are south of [FR Doc. 95–17464 Filed 7–14–95; 8:45 am] 1995 sport halibut fishery in southwest Point Chehalis, WA (46°53′18′′ N. lat.) BILLING CODE 3510±22±F 36366 Proposed Rules Federal Register Vol. 60, No. 136 Monday, July 17, 1995 This section of the FEDERAL REGISTER Counsel’s Office, Office of Thrift cooperation among the Agencies and contains notices to the public of the proposed Supervision, 1700 G Street, NW., Federal and State law enforcement issuance of rules and regulations. The Washington DC 20552. agencies, and improves the Federal purpose of these notices is to give interested government’s response to white collar SUPPLEMENTARY INFORMATION: persons an opportunity to participate in the crime in financial institutions. Today’s rule making prior to the adoption of the final Background rules. revisions to this regulation and the The Federal financial institutions reporting requirements are being made supervisory agencies (Agencies) 1 and under the auspices of the BFWG. DEPARTMENT OF THE TREASURY the Department of the Treasury Suspicious Activity Report (Treasury) 2 are responsible for ensuring Office of Thrift Supervision that financial institutions apprise The Agencies have been working on Federal law enforcement authorities of a project to improve the criminal 12 CFR Part 563 any known or suspected violation of a referral process, to reduce unnecessary reporting burdens on financial [No. 95±145] Federal criminal statute and of any suspicious financial transaction. institutions, and to eliminate confusion RIN 1550±AA62 Suspicious financial transactions associated with the current duplicative reporting of suspicious financial OperationsÐSuspicious Activity (which will be the subject of regulations and other guidance to be issued by transactions in criminal referral forms Reports and Other Reports and and currency transaction reports (CTRs). Statements Treasury) can include transactions that a savings association or service Contemporaneously, Treasury analyzed AGENCY: Office of Thrift Supervision, corporation suspects involved funds the need to implement the procedures Treasury. derived from illicit activities, were for reporting suspicious financial transactions by financial organizations ACTION: Notice of proposed rulemaking. conducted for the purpose of hiding or disguising funds from illicit activity, following the enactment of the Annuzio- SUMMARY: The Office of Thrift otherwise violated the money Wylie Anti-Money Laundering Act of Supervision (OTS) is proposing to laundering statutes,3 were potentially 1992. As a result of these reviews, the amend its regulations to implement a designed to evade the reporting or Agencies and Treasury approved the new interagency suspicious activity recordkeeping requirements of the Bank development of a new referral process referral process and to update and Secrecy Act (the BSA),4 and transactions that includes suspicious financial clarify the underlying reporting that the savings association or service transaction reporting. To implement the reporting process, regulation. The proposal reduces corporation believes were suspicious for and to reduce unnecessary burdens substantially the burden on savings any other reason. associations and service corporations in Fraud, abusive insider transactions, associated with these various reporting reporting suspicious activities while check kiting schemes, money requirements, the Agencies and FinCEN enhancing access to such information by laundering, and other crimes can pose developed a new report form for the Federal law enforcement agencies, serious threats to a financial reporting known or suspected Federal the Federal financial institutions institution’s continued viability and, if criminal law violations and suspicious supervisory agencies, and the unchecked, can undermine the public financial transactions. The new form is Department of the Treasury. designated the Suspicious Activity confidence in the nation’s financial 5 DATES: Comments must be received by industry. The Agencies and Federal law Report (SAR). The SAR is a simplified September 15, 1995. enforcement agencies need to receive and shortened version of its timely and detailed information predecessors. ADDRESSES: Comments should be sent The new referral process and the SAR regarding suspected criminal activity to to: Chief, Dissemination Branch, reduce the burden on savings determine whether investigations, Records Management and Information associations and service corporations for administrative actions, or criminal Policy, Office of Thrift Supervision, reporting known or suspected violations 1700 G Street, NW., Washington, DC prosecutions are warranted. An interagency Bank Fraud Working and suspicious financial transactions. 20552, Attention Docket No. 95–145. The agencies anticipate that the new These submissions may be hand- Group (BFWG), consisting of representatives from many Federal process will be instituted by October, delivered to 1700 G Street, NW., from 1995. 9:00 A.M. to 5:00 P.M. on business days; agencies, including the Agencies and they may be sent by facsimile law enforcement agencies, was formed Proposal in 1984. The BFWG addresses transmission to FAX Number (202) 906– The OTS proposes to revise 12 CFR substantive issues, promotes 7755. Comments will be available for 563.180 by updating and clarifying the inspection at 1700 G Street, NW., from current rule governing the filing of 1:00 P.M. until 4:00 P.M. on business 1 The Federal financial institutions supervisory agencies are the OTS, the Office of the Comptroller criminal referral reports, implementing days. of the Currency, the Board of Governors of the the new SAR, and eliminating current FOR FURTHER INFORMATION CONTACT: Federal Reserve System, the Federal Deposit Richard Stearns, Deputy Chief Counsel, Insurance Corporation, and the National Credit 5 The reporting requirements contained in the Union Administration. Enforcement Division, (202) 906–7966, SAR will be submitted to the Office of Management 2 Through its Financial Crimes Enforcement and Budget for review in accordance with the or Karen Osterloh Counsel (Banking and Network (FinCEN). Paperwork Reduction Act of 1980 (44 U.S.C. Finance), Regulations and Legislation 3 18 U.S.C. 1956 and 1957. 3504(h)) and the OTS will seek comments on the Division, (202) 906–6639, Chief 4 31 U.S.C. 5311 through 5330. SAR in a separate notice. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36367 confusing and overly burdensome subsidiary with the parent. Accordingly, a director, officer, employee, agent or reporting requirements. This action the reporting obligation of parent other institution-affiliated party (as should improve reporting of known or savings associations under § 563.180 defined in the regulation, which cross suspected violations and suspicious will be deemed to include the duty to references section 3(u) of the FDIA) financial transactions relating to report events or conduct occurring at committed or aided in the commission Federally insured financial institutions the operating subsidiary level, as well as of a Federal crime. This provision is while providing uniform data for entry the parent level. substantially identical to the existing into the new interagency computer Under the current regulation, savings rule at 12 CFR 563.180(d)(1)(i)(1995), database. The OTS expects that each of association holding companies are not with one exception. The existing rule the other Agencies will be making required to file reports. Holding applies to violations involving substantially similar changes companies are encouraged to do so ‘‘affiliated parties,’’ as defined in 12 contemporaneously. when actions have a substantial impact CFR 561.5(1995). Unfortunately, the The proposed changes to the current on the depository institutions that they cited definition is both too narrow and OTS rules are discussed below. The own. The OTS solicits comment on too broad. For example, ‘‘affiliated principal changes include: (1) raising whether to amend the rule so that it persons’’ under 12 CFR 561.5 does not the mandatory reporting thresholds for expressly requires savings association include all shareholders who may criminal offenses, thereby reducing holding companies to file SARs participate in the conduct of the affairs unnecessary reporting burdens; (2) regarding known or suspected criminal of the institution, but does include requiring the filing of only one form violations or suspicious financial members of a director’s or officer’s with a single repository, rather than transactions that affect their depository immediate family who have no multiple filings to several Federal law institution subsidiaries. connection to the institution. The OTS believes that the proposed rule enforcement agencies and the Agencies, Section 563.180(d)(2) Definitions thereby further reducing reporting describes relevant insiders with greater burdens; and (3) clarifying the criminal Proposed § 563.180(d)(2) defines the precision. referral and suspicious financial following terms: ‘‘FinCEN,’’ OTS’s current rules further require transaction reporting requirements of ‘‘institution-affiliated party,’’ savings associations and service the Agencies and Treasury, thereby ‘‘instructions,’’ ‘‘known or suspected corporations to report known or eliminating duplicative referrals. violation,’’ and ‘‘SAR.’’ The definitions suspected criminal acts that involve should make the rule easier to interpret actual or anticipated losses of: (1) Section 563.180(d)(1) Purpose and and apply. $1,000 or more where there is a basis for Scope In particular, the definition of identifying a non-insider suspect; or (2) The proposal clarifies the scope of the ‘‘known or suspected violation’’ refers $5,000 or more regardless of whether a current rule. Under the proposal, the to any matter for which a savings suspect has been identified.7 The SAR will replace the various criminal association or service corporation has a proposed rule at §§ 563.180(d)(3) (ii) referral forms that the Agencies basis to believe that a violation of any and (iii) would reduce this reporting currently require institutions to file. The Federal criminal statute (including a burden by increasing the $1,000 and purpose of the proposed rule is to pattern of criminal violations) has $5,000 thresholds to $5,000 and ensure that savings associations or occurred or has been attempted, is $25,000, respectively. Moreover, the service corporations file a SAR when occurring, or may occur, coupled with proposed rule clarifies that threshold they detect known or suspected a basis to believe that a savings amounts are based on actual or potential violations of Federal criminal law or association or service corporation was losses to the savings association or suspicious financial transactions.6 an actual or potential victim of the service corporation, without regard to The proposed rule continues to criminal violation or was involved in or possible reimbursement or recovery. require reporting by savings associations was used to facilitate the criminal Proposed § 563.180(d)(3)(iv) requires and by service corporations. It does not, violation. This definition supplants the a savings association or service however, impose a separate reporting definition of suspected crimes, the corporation to report any financial obligation on operating subsidiaries illustrative listing of crimes requiring transaction, regardless of the dollar established by savings associations. OTS reporting, and other descriptions of amount if: (1) the institution suspects regulations provide that all Federal laws known or suspected crimes in the the transaction involved funds derived and regulations governing the operation existing rule at 12 CFR 563.180(d) (1) from illicit activity, was conducted for of savings associations apply to and (2) (1995). the purpose of hiding or disguising operating subsidiaries, unless otherwise Section 563.180(d)(3) Reports funds from illicit activity, or in any way provided by statute, regulations or violated the money laundering Required 8 policies of the OTS. The OTS general statutes; (2) the institution suspects the The proposal clarifies the categories transaction was potentially designed to policy is to consolidate regulatory of violations that are subject to the requirements for the operating evade the reporting or recordkeeping reporting obligation. In addition, the requirements of the BSA; 9 or (3) the proposal reduces the regulatory burden 6 As noted above, there has been some confusion institution believes the transaction to be regarding filing of criminal referrals and CTRs for on savings associations and service suspicious for any reason. This revision suspicious cash transactions. The BSA requires all corporations by increasing applicable makes minor clarifying changes to the financial institutions to file CTRs in accordance dollar thresholds for two categories of existing requirements at 12 CFR with Treasury’s implementing regulations (31 CFR violations, and by eliminating the part 103). Part 103 requires financial institutions to 563.180(d)(1)(iv) (1995). file a CTR whenever a currency transaction exceeds requirement for duplicative filings with The current rules require savings $10,000. If a currency transaction exceeds $10,000 multiple Federal agencies. associations and service corporations to and is suspicious, the institution, under these new Proposed § 563.180(d)(3)(i) requires a file a criminal referral report with requirements, will file both a CTR (reporting the savings association or service currency transaction) and a SAR (reporting the suspicious criminal aspect of the transaction). If a corporation to file a SAR, regardless of 7 12 CFR 563.180(d)(1) (ii) and (iii) (1995). currency transaction equals or is below $10,000 but the dollar amount involved, whenever it 8 18 U.S.C. 1956 and 1957. is suspicious, the institution will only file a SAR. has a substantial basis for believing that 9 31 U.S.C. 5311 through 5330. 36368 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules appropriate Federal law enforcement new permissible filing methods as the corporation maintain the authorities. Because this process results methods are developed. documentation, along with a copy of the in multiple filings with several agencies, Section 563.180(d)(4) Service SAR, for ten years from the submission the Agencies propose to reduce the Corporations date. This approach ensures that Federal filing burden by permitting institutions law enforcement agencies and the to file a single SAR at one location. When a service corporation must file Agencies, upon request, have access to a report under the current rule, the Accordingly, under proposed any documentation necessary to required filing may be made either by § 563.180(d)(3), a savings association or prosecute a violation or pursue the service corporation or by a saving service corporation will file a SAR with administrative action by requiring the all appropriate Federal law enforcement association that wholly or partially preservation of the underlying agencies by sending a single copy of the owns the service corporation. This documentation for ten years. SAR to the FinCEN, whose address will provision is retained in the proposed be printed on the SAR. rule at 12 CFR 563.180(d)(4). Section 563.180(d)(8) Exemptions FinCEN will input the information Section 563.180(d)(5) Time for The proposed rule would exempt contained on the SARs into a newly Reporting created database that FinCEN will robberies and burglaries and attempted maintain. This process will fulfill the Proposed § 563.180(d)(5) requires a robberies and burglaries that are regulatory requirement that a savings savings association or service reported to the appropriate local law association or service corporation refer corporation to file the SAR within 30 enforcement authorities. This any known or suspected criminal calendar days after the date of detection exemption is substantially similar to the of the act triggering the reporting violation to appropriate Federal law existing exemption at 12 CFR requirement. If no suspect is identified enforcement agencies. The database will 563.180(d)(2)(1995). enhance Federal law enforcement and on that date, the savings association or supervisory agencies’ ability to track, service corporation may delay the filing Section 563.180(d)(9) Notification of investigate and prosecute individuals of a SAR for an additional 30 calendar the Board of Directors suspected of violating Federal criminal days after the identification of a suspect. law. This change will ensure that all Filings, however, may not be delayed Proposed § 563.180(d)(9) requires the SARs are placed in the database at for more than 60 calendar days after management of a savings association to FinCEN and that the information is detection. The proposal substantially promptly notify the board of directors made available on computer to the modifies the current regulation at (or a committee of directors or executive appropriate law enforcement and § 563.180(d)(2) which requires the officers designated by the board to supervisory agencies as quickly as savings association or service receive notice) whenever the savings possible. corporation to file within 14 business association or a service corporation in To further reduce the reporting days after discovery of the activity. which the savings association has an burden, the Agencies are modifying the Section 563.180(d)(6) Reports to State ownership interest has filed a SAR. manner in which financial institutions and Local Authorities Where an executive officer or director is file a SAR. In following the Instructions a suspect, the proposal requires on a SAR, a savings association or The proposed rule includes a new provision encouraging savings management to notify the entire board service corporation may file the referral of directors, except the suspect. form in several ways, including associations and service corporations to submitting an original form or a file SARs with State and local law This proposed rule generally photocopy, and filing a SAR by enforcement agencies where incorporates the requirements of the magnetic means, such as by a computer appropriate. existing rules at § 563.180(d)(4) (1995), disk.10 In the future, the OTS and the Section 563.180(d)(7) Retention of but includes several modifications other Agencies anticipate that a Records designed to provide savings associations financial institution will be able to file with greater flexibility. These Existing OTS rules require savings modifications: (1) permit notification to a SAR electronically. associations and service corporations to The Agencies, working with FinCEN, a designated committee in lieu of the retain a copy of the criminal referral are developing computer software to entire board; (2) require ‘‘prompt’’ report and related records for a period assist financial institutions in preparing notification, rather than notification at of ten years.11 This requirement is and filing SARs. The software will allow retained in the proposed rules at the first regularly scheduled board an institution to complete a SAR, to § 563.180(d)(7). meeting after the filing of the SAR; and save the SAR on its computers, and to The current instructions to the (3) assign notification responsibility to print a hard copy of the SAR for its own criminal referral form require savings management of the savings association records. The computer software will associations and service corporations to rather than the chief executive officer. also enable an institution to file a SAR submit copies of all related The OTS expects each savings using various forms of magnetic media, documentation when a criminal referral association to maintain appropriate such as computer disk or magnetic tape. is filed. The new SAR reduces the mechanisms to ensure that the board of The OTS will make the software regulatory burdens on the industry by directors will be informed promptly of available to all savings associations and eliminating this requirement altogether. SAR filings. service corporations. A savings Instead, the proposal requires that the Section 563.180(d)(10) Compliance association or service corporation, of documentation be identified and treated course, may complete and file a SAR as filed with the SAR and that the The proposed rule includes a new using printed forms without using this savings association or service software, if it so desires. The provision stating that the failure to file Instructions to the SAR will address a SAR in accordance with the regulation 11 12 CFR 563.180(d)(5) (1995). This time frame and the Instructions may result in corresponds with the statute of limitations for most 10 FinCEN, however, will not be able to receive Federal criminal statutes involving financial supervisory actions, including SARs by facsimile machine. institutions. enforcement actions. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36369 Section 563.180(d)(11) Obtaining the List of Subjects in 12 CFR Part 563 Department of the Treasury, in SAR Accounting, Advertising, Crime, accordance with the Instructions, by Proposed § 563.180(d)(11) states that Currency, Flood insurance, Investments, sending a completed SAR to FinCEN, in savings associations and service Reporting and recordkeeping the following circumstances: corporations may obtain the SAR form requirements, Savings associations, (i) Whenever the savings association from the appropriate OTS Regional Securities, Surety bonds. or service corporation detects a known Office at the address listed in 12 CFR or suspected violation of Federal 516.1(b) (1995). The current rule does Authority and Issuance criminal law and has a substantial basis not contain a comparable instruction. For the reasons set out in the to believe that one of its directors, preamble, part 563 of chapter V of title officers, employees, agents, or other Section 563.180(d)(12) Confidentiality 12 of the Code of Federal Regulations is institution-affiliated parties committed of SARs proposed to be amended as set forth or aided in the commission of the The proposed rule contains a new below: violation; provision preserving the confidentiality (ii) Whenever the savings association SUBCHAPTER DÐREGULATIONS or service corporation detects a known of SARs and the information contained APPLICABLE TO ALL SAVINGS in SARs. or suspected violation of Federal ASSOCIATIONS criminal law, there is an actual or Comments PART 563ÐOPERATIONS potential loss to the savings association The OTS invites public comment on or service corporation (before all aspects of this proposal. 1. The authority citation for part 563 reimbursement or recovery) aggregating continues to read as follows: $5,000 or more, and the savings Regulatory Flexibility Act Authority: 12 U.S.C. 375b, 1462, 1462a, association or service corporation has a Pursuant to section 605(b) of the 1463, 1464, 1467a, 1468, 1817, 1828, 3806; substantial basis for identifying a Regulatory Flexibility Act, the OTS 42 U.S.C. 4012a, 4104a, 4104b, 4106, 4128. possible suspect or group of suspects, hereby certifies that this proposed rule 2. Section 563.180 is amended by where none of the suspects are included will not have a significant economic revising the section heading and in paragraph (d)(3)(i) of this section; impact on a substantial number of small paragraph (d) to read as follows: (iii) Whenever the savings association entities. This proposal primarily or service corporation detects a known reorganizes the process for reporting § 563.180 Suspicious Activity Reports and or suspected violation of Federal crimes and suspicious activities and has other reports and statements. criminal law, there is an actual or no material impact on savings * * * * * potential loss to the savings association associations and service corporations, (d) Suspicious Activity Reports.—(1) or service corporation (before regardless of size. Accordingly, a Purpose and scope. This paragraph (d) reimbursement or recovery) aggregating regulatory flexibility analysis is not ensures that savings associations and $25,000 or more, and the savings required. service corporations file a Suspicious association or service corporation has Executive Order 12866 Activity Report when they detect a no substantial basis for identifying a known or suspected violation or a possible suspect or group of suspects; or The OTS has determined that this suspicious transaction. (iv) Whenever a financial transaction document is not a significant regulatory (2) Definitions. For the purposes of is conducted, or attempted, at the action under Executive Order 12866. this paragraph (d): savings association or service Unfunded Mandates Reform Act of (i) FinCEN means the Financial corporation and: 1995 Crimes Enforcement Network of the (A) The savings association or service Department of the Treasury. corporation suspects that the transaction Section 202 of the Unfunded (ii) Institution-affiliated party means involved funds derived from illicit Mandates Reform Act of 1995, Pub. L. any institution-affiliated party as that activity, was conducted for the purpose 104–4 (signed into law on March 22, term is defined in sections 3(u) and of hiding or disguising funds from illicit 1995) requires that an agency prepare a 8(b)(8) of the Federal Deposit Insurance activity, or in any way violated the budgetary impact statement before Act (12 U.S.C. 1813(u) and 1818(b)(8)). money laundering statutes (18 U.S.C. promulgating a rule that includes a (iii) Instructions means the 1956 and 1957); Federal mandate that may result in instructions on the SAR. (B) The savings association or service expenditure by State, local, and tribal (iv) Known or suspected violation corporation suspects that the transaction governments, in the aggregate, or by the means any matter for which there is a was potentially designed to evade the private sector of $100 million or more basis to believe that a violation of a reporting or recordkeeping requirements in one year. If the budgetary impact Federal criminal statute (including a of the Bank Secrecy Act (31 U.S.C. 5311 statement is required, section 205 of the pattern of criminal violations) has through 5330) or regulations issued Act also requires an agency to identify occurred or has been attempted, is thereunder; or and consider a reasonable number of occurring, or may occur, and there is a (C) The savings association or service regulatory alternatives before basis to believe that a savings corporation believes that the transaction promulgating a rule. This proposal association or service corporation was was suspicious for any reason. reorganizes the process for reporting an actual or potential victim of the (4) Service corporations. When a crimes and suspicious activities by criminal violation or was involved in or service corporation is required to file a savings associations and service was used to facilitate the criminal SAR under paragraph (d)(3) of this corporations to Federal agencies. The violation. section, either the service corporation or OTS has determined that the final rule (v) SAR means a Suspicious Activity a savings association that wholly or will not result in expenditure by State, Report. partially owns the service corporation, local, or tribal governments or by the (3) SARs required. A savings may file the SAR. private sector of more than $100 association or service corporation shall (5) Time for reporting.—(i) Generally. million. Accordingly, the Unfunded file a SAR with the appropriate Federal A savings association or service Mandates Reform Act does not apply. law enforcement agencies and the corporation shall file the SAR required 36370 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules by paragraph (d)(3) of this section suspect is a director or executive officer The Official docket may be examined within 30 calendar days after the date of of the savings association, the savings in the Office of the Assistant Chief initial detection of an act described in association must not notify the suspect Counsel for Southern Region, Room 550, paragraph (d)(3) of this section. In in accordance with 31 U.S.C. 5318, but 1701 Columbia Avenue, College Park, situations involving violations that must notify all directors who are not Georgia 30337, telephone (404) 305– require immediate attention, such as suspects. 5586. when a reportable violation is on-going, (10) Compliance. Failure to file a SAR FOR FURTHER INFORMATION CONTACT: the savings association or service in accordance with this paragraph (d) Stanley Zylowski, System Management corporation shall immediately notify, by and the Instructions may subject the Branch, Air Traffic Division, Federal telephone, the appropriate law savings association or service Aviation Administration, P.O. Box enforcement authority in addition to corporation, its directors, officers, 20636, Atlanta, Georgia 30320; filing a timely SAR. employees, agents, or other institution- telephone (404) 305–5570. (ii) No suspect identified. If no affiliated parties to supervisory actions suspect was identified on the date of including enforcement actions. SUPPLEMENTARY INFORMATION: detection of an act described in (11) Obtaining SARs. A savings Comments Invited paragraph (d)(3) of this section, the association or service corporation may savings association or service Interested parties are invited to obtain SARs and the Instructions from participate in this proposed rulemaking corporation may delay filing the SAR for the appropriate OTS Regional Office an additional 30 calendar days after the by submitting such written data, views listed in 12 CFR 516.1(b). or arguments as they may desire. identification of a suspect, but in no (12) Confidentiality of SARs. SARs are Comments that provide the factual basis case may savings association or service confidential. Any person subpoenaed or supporting the views and suggestions corporation delay filing a SAR for more otherwise requested to disclose a SAR presented are particularly helpful in than 60 calendar days after the date of or the information contained in a SAR developing reasoned regulatory detection of an act described in shall decline to produce the information decisions on the proposal Comments are paragraph (d)(3) of this section. citing these regulations, applicable law specifically invited on the overall (6) Reports to State and local (e.g., 31 U.S.C. 5318(g)), or both. authorities. A savings association or regulatory, aeronautical, economic, * * * * * environmental, and energy-related service corporation is encouraged to file Dated: July 12, 1995. a copy of the SAR with State and local aspects of the proposal. By the Office of Thrift Supervision. law enforcement agencies where Communications should identify the appropriate. Jonathan L. Fiechter, airspace docket and be submitted in (7) Retention of records. A savings Acting Director. triplicate to the address listed above. association or service corporation shall [FR Doc. 95–17485 Filed 7–14–95; 8:45 am] Commenters wishing the FAA to maintain a copy of any SAR filed and BILLING CODE 6720±01±P acknowledge receipt of their comments the original of any related on this notice must submit with those documentation for a period of ten years comments a self-addressed, stamped from the date of filing the SAR, unless DEPARTMENT OF TRANSPORTATION postcard on which the following the OTS informs the savings association statement is made: ‘‘Comments to or service corporation in writing that it Federal Aviation Administration Airspace Docket No. 95–ASO–13.’’ The may discard the materials sooner. A postcard will be date/time stamped and savings association or service 14 CFR Part 71 returned to the commenter. All corporation must make all supporting [Airspace Docket No. 95±ASO±13] communications received before the documentation available to appropriate specified closing date for comments will law enforcement agencies upon request. Proposed Amendment to Class E be considered before taking action on Supporting documentation shall be Airspace; Brewton, AL the proposed rule. The proposal identified and treated as filed with the contained in this notice may be changed AGENCY: SAR. Federal Aviation in light of the comments received. All (8) Exemptions. A savings association Administration (FAA), DOT. comments submitted will be available or service corporation need not file a ACTION: Notice of proposed rulemaking. for examination in the Office of the SAR for a robbery or burglary Assistant Chief Counsel for Southern SUMMARY: This notice proposes to committed or attempted that is reported Region, Room 550, 1701 Columbia amend the Class E airspace area at to appropriate law enforcement Avenue, College Park, Georgia 30337, Brewton, AL. A VOR RWY 6 Standard authorities. both before and after the closing date for Instrument Approach Procedure (SIAP) (9) Notification to board of comments. A report summarizing each has been developed for the Brewton directors.—(i) Generally. Whenever a substantive public contact with FAA Municipal Airport. Additional savings association (or a service personnel concerned with this controlled airspace extending upward corporation in which the savings rulemaking will be filed in the docket. association has an ownership interest) from 700 feet above the surface (AGL) is files a SAR pursuant to this paragraph needed to accommodate this SIAP and Availability of NPRMs (d), the management of the savings for instrument flight rules (IFR) Any person may obtain a copy of this association shall promptly notify its operations at the airport. Notice of Proposed Rulemaking (NPRM) board of directors or a committee of DATES: Comments must be received on by submitting a request to the Federal directors or executive officers or before August 27, 1995. Aviation Administration, Manager, designated by the board of directors to ADDRESSES: Send comments on the System Management Branch, ASO–530, receive such notice. proposal in triplicate to: Federal Air Traffic Division P.O. Box 20636, (ii) Suspect is a director or officer. If Aviation Administration, Docket No. Atlanta, Georgia 30320. the savings association or service 95–ASO–13, Manager, System Communications must identify the corporation files a SAR pursuant to Management Branch, ASO–530, P.O. notice number of this NPRM. Persons paragraph (d)(3) of this section and the Box 20636, Atlanta, Georgia 30320. interested in being placed on a mailing Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36371 list for future NPRMs should also § 71.1 [Amended] The official docket may be examined request a copy of Advisory Circular No. 2. The incorporation by reference in in the Office of the Assistant Chief 11–2A which describes the application 14 CFR 71.1 of Federal Aviation Counsel, Federal Aviation procedure. Administration Order 7400.9B, Airspace Administration, Southwest Region, 2601 Designations and Reporting Points, The Proposal Meacham Boulevard, Fort Worth, TX, dated July 18, 1994 and effective between 9 a.m. and 3 p.m., Monday The FAA is considering an September 16, 1994, is amended as through Friday, except Federal holidays. amendment to part 71 of the Federal follows: An informal docket may also be Aviation Regulations (14 CFR part 71) to Paragraph 6005 Class E Airspace Areas examined during normal business hours amend the Class E airspace area at Extending Upward From 700 Feet Above the at the System Management Branch, Air Brewton, AL. A VOR RWY 6 SIAP has Surface of the Earth Traffic Division, Federal Aviation been developed for the Brewton * * * * * Administration, Southwest Region, 2601 Municipal Airport. Additional Meacham Boulevard, Fort Worth, TX. controlled airspace extending upward ASO AL E5 Brewton, AL from 700 feet above the surface (AGL) is Brewton Municipal Airport, AL FOR FURTHER INFORMATION CONTACT: needed to accommodate this SIAP and (Lat. 31°03′05′′ N, long. 87°04′05′′ W) Donald J. Day, System Management Crestview, FL, VORTAC Branch, Federal Aviation for IFR operations at the airport. Class ° ′ ′′ ° ′ ′′ E airspace designations for airspace (Lat. 30 49 34 N, long. 86 40 45 W) Administration, Southwest Region, Fort areas extending upward from 700 feet or That airspace extending upward from 700 Worth, TX 76193–0530; telephone: (817) more above the surface are published in feet above the surface within a 7-mile radius 222–5593. of the Brewton Municipal Airport and within Paragraph 60005 of FAA Order 7400.9B 4 miles each side of the Crestview, FL, SUPPLEMENTARY INFORMATION: dated July 18, 1994 and effective VORTAC 304° radial, extending from the 7- September 16, 1994 which is mile radius to 15 miles northwest of the Comments Invited incorporated by reference in 14 CFR VORTAC. Interested parties are invited to 71.1. The Class E airspace designation * * * * * listed in this document would be Issued in College Park, Georgia, on June 29, participate in this proposed rulemaking published subsequently in the Order. 1995. by submitting such written data, views, The FAA has determined that this Stanley Zylowski, or arguments as they may desire. proposed regulation only involves an Acting Manager, Air Traffic Division, Comments that provide the factual basis established body of technical Southern Region. supporting the views and suggestions regulations for which frequent and [FR Doc. 95–17395 Filed 7–14–95; 8:45 am] presented are particularly helpful in routine amendments are necessary to BILLING CODE 4910±13±M developing reasoned regulatory keep them operationally current. It, decisions on the proposal. Comments therefore, (1) is not a ‘‘significant are specifically invited on the overall regulatory action’’ under Executive 14 CFR Part 71 regulatory, aeronautical, economic, environmental, and energy-related Order 12866; (2) is not a ‘‘significant [Airspace Docket No. 95±ASW±07] rule’’ under DOT Regulatory Policies aspects of the proposal. and Procedures (44 FR 11034; February Proposed Establishment of Class E Communications should identify the 26, 1979); and (3) does not warrant Airspace: Sonora, TX airspace docket number and be preparation of a regulatory evaluation as submitted in triplicate to the address the anticipated impact is so minimal. AGENCY: Federal Aviation listed under the caption ADDRESSES. Since this is a routine matter that will Administration (FAA), DOT. Commenters wishing the FAA to only affect air traffic procedures and air ACTION: Notice of proposed rulemaking. acknowledge receipt of their comments navigation, it is certified that this rule, SUMMARY: on this notice must submit, with those when promulgated, will not have a This notice proposes to establish Class E airspace extending comments, a self-addressed, stamped, significant economic impact on a postcard containing the following substantial number of small entities upward from 700 feet above ground level (AGL) at Canyon Ranch Airport, statement: ‘‘Comments to Airspace under the criteria of the Regulatory Docket No. 95–ASW–07.’’ The postcard Flexibility Act. Sonora, TX. The development of a Very High Frequency Omnidirectional Range will be date and time stamped and List of Subjects in 14 CFR Part 71 (VOR)/Distance Measuring Equipment returned to the commenter. All (DME) standard instrument approach communications received on or before Airspace, Incorporation by reference, procedure (SIAP) to Runway (RWY) 32 the specified closing date for comments Navigation (Air). has made this proposal necessary. The will be considered before taking action The Proposed Amendment intended effect of this proposal is to on the proposed rule. The proposal provide adequate controlled airspace for contained in this notice may be changed In consideration of the foregoing, the aircraft executing the VOR/DME SIAP to in the light of comments received. All Federal Aviation Administration RWY 16–34 at Canyon Ranch Airport, comments submitted will be available proposes to amend 14 CFR part 71 as Sonora, Texas. for examination in the Office of the follows: DATES: Comments must be received on Assistant Chief Counsel, Federal PART 71Ð[AMENDED] or before September 1, 1995. Aviation Administration, Southwest ADDRESSES: Send comments on the Region, 2601 Meacham Boulevard, Fort 1. The authority citation for 14 CFR proposal in triplicate to Manager, Worth, TX, both before and after the part 71 continues to read as follows: System Management Branch, Air Traffic closing date for comments. A report Authority: 49 U.S.C. 40103, 40113, 40120; Division, Federal Aviation summarizing each substantive public E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Administration, Southwest Region, contact with FAA personnel concerned Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Docket No. 95–ASW–07, Fort Worth, TX with this rulemaking will be filed in the 11.69. 76193–0530. docket. 36372 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules Availability of NPRM’s List of Subjects in 14 CFR Part 71 extending upward from 700 feet above the ground (AGL) needed for aircraft Any person may obtain a copy of this Airspace, Incorporation by reference, Navigation (air). executing a Nondirectional Radio Notice of Proposed Rulemaking (NPRM) Beacon (NDB) standard instrument by submitting a request to the System The Proposed Amendment approach procedure (SIAP) at Tiger Pass Management Branch, Air Traffic In consideration of the foregoing, the Seaplane Base. Since the publication of Division, Federal Aviation Federal Aviation Administration the NPRM, the Tiger Pass NDB has been Administration, Southwest Region, Fort proposes to amend 14 CFR part 71 as decommissioned and the SIAP has been Worth, TX 76193–0530. follows: canceled. Therefore, the proposal is Communications must identify the withdrawn. notice number of this NPRM. Persons PART 71Ð[AMENDED] DATES: July 17, 1995. interested in being placed on a mailing FOR FURTHER INFORMATION CONTACT: list for future NPRM’s should also 1. The authority citation for 14 CFR part 71 continues to read as follows: Donald J. Day, System Management request a copy of Advisory Circular No. Branch, Federal Aviation 11–2A that describes the application Authority: 49 U.S.C. 40103, 40113, 40120; Administration, Southwest Region, Fort procedure. E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Worth, TX 76193–0530; telephone: (817) Comp., p. 389; 49 U.S.C. 106(g); 14 CFR The Proposal 11.69. 222–5593. SUPPLEMENTARY INFORMATION: The FAA is considering an § 71.1 [Amended] amendment to part 71 of the Federal 2. The incorporation by reference in On November 24, 1993, an NPRM was Aviation Regulations (14 CFR part 71) to 14 CFR 71.1 of the Federal Aviation published in the Federal Register (58 establish Class E airspace, controlled Administration Order 7400.9B, Airspace FR 62061) to revise the Class E airspace airspace extending upward from 700 Designations and Reporting Points, at Venice, LA. The intended effect of the feet AGL at Canyon Ranch Airport, dated July 18, 1994, and effective proposal was to provide adequate Class Sonora, TX. The development of a VOR/ September 16, 1994, is amended as E airspace to contain aircraft executing DME SIAP to RWY 32 has made this follows: the NDB SIAP at Tiger Pass Seaplane proposal necessary. Designated airspace Base, Venice, LA. After publication of Paragraph 6005 Class Airspace Areas extending upward from 700 feet above the NPRM, the Tiger Pass NDB, a non- Extending Upward From 700 Feet or More Federal navaid, was abandoned and the the ground is now Class E airspace. The Above the Surface of the Earth intended effect of this proposal is to SIAP was canceled. Therefore, no need * * * * * provide adequate Class E airspace for exists to revise the existing Class E aircraft executing the VOR/DME SIAP to ASW TX E5 Sonora, TX [New] airspace at Tiger Pass Seaplane Base, RWY 32 at Canyon Ranch Airport, Canyon Ranch Airport, TX Venice, LA. Accordingly, the proposed Sonora, TX. The coordinates for this (Lat. 30°18′06′′N., long. 100°28′19′′W) rule is withdrawn. airspace docket are based on North Rocksprings VOR ° ′ ′′ ° ′ ′′ List of Subjects in 14 CFR Part 71 American Datum 83. (Lat. 30 00 53 N., long. 100 17 59 W) That airspace extending upward from 700 Airspace, Incorporation by reference, Designated Class E airspace areas feet above the surface within a 6.6-mile Navigation (air). extending upward from 700 feet or more radius of Canyon Ranch Airport, and within The Withdrawal of Proposed Rule above ground level are published in 1.8 miles each side of the 333° bearing from Paragraph 6005 of FAA Order 7400.9B the Rocksprings VOR extending from the 6.6- Accordingly, pursuant to the dated July 18, 1994, and effective mile radius to 7.6 miles southeast of the authority delegated to me, Airspace September 16, 1994, which is airport, excluding that airspace which Docket No. 93–ASW–37, as published in incorporated by reference in 14 CFR overlies the Sonora Municipal Airport Class the Federal Register on November 24, 71.1. The Class E airspace designation E area. 1993 (58 FR 62061), is withdrawn. listed in this document would be * * * * * Authority: 49 U.S.C. 40103, 40113, 40120; published subsequently in the order. Issued in Fort Worth, TX, on July 5, 1995. E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Albert L. Viselli, The FAA has determined that this Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. proposed regulation only involves an Manager, Air Traffic Division, Southwest Region. established body of technical Issued in Fort Worth, TX on July 5, 1995. regulations that need frequent and [FR Doc. 95–17396 Filed 7–14–95; 8:45 am] Albert L. Viselli, routine amendments to keep them BILLING CODE 4910±13±M Manager, Air Traffic Division, Southwest operationally current. It, therefore—(1) Region. [FR Doc. 95–17398 Filed 7–14–95; 8:45 am] is not a ‘‘significant regulatory action’’ 14 CFR Part 71 under Executive Order 12866; (2) is not BILLING CODE 4910±13±M a ‘‘significant rule’’ under DOT [Airspace Docket No. 93±ASW±37] Regulatory Policies and Procedures (44 14 CFR Part 71 FR 11034; February 26, 1979); and (3) Proposed Revision of Class E does not warrant preparation of a Airspace; Venice, LA [Airspace Docket No. 95±AWP±22] regulatory evaluation as the anticipated AGENCY: Federal Aviation Proposed Establishment of Class E impact is so minimal. Since this is a Administration (FAA), DOT. Airspace; Placerville, CA routine matter that will only affect air ACTION: Proposed rule; withdrawal. traffic procedures and air navigation, it AGENCY: Federal Aviation is certified that this rule, when SUMMARY: This action withdraws a Administration (FAA), DOT. promulgated, will not have a significant Notice of Proposed Rulemaking (NPRM) ACTION: Notice of proposed rulemaking. impact on a substantial number of small that proposed to revise the Class E entities under the criteria of the airspace at Venice, LA. The proposal SUMMARY: This notice proposes to Regulatory Flexibility Act. was to revise the controlled airspace establish a Class E airspace area at Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36373 Placerville Airport, Placerville, CA. The received on or before the specified routine matter that will only affect air development of a Global Positioning closing date for comments will be traffic procedures and air navigation, it System (GPS) Standard Instrument considered before taking action on the is certified that this proposal rule will Approach Procedure (SIAP) to Runway proposed rule. The proposal contained not have a significant economic impact (RWY) 5 has made this proposal in this notice may be changed in light on a substantial number of small entities necessary. The intended effect of this of comments received. All comments under the criteria of the Regulatory proposal is to provide adequate submitted will be available for Flexibility Act. controlled airspace for Instrument Flight examination in the System Management Rules (IFR) operations at Placerville Branch, Air Traffic Division, at 15000 List of Subjects in 14 CFR Part 71 Airport, Placerville, CA. Aviation Boulevard, Lawndale, Airspace, Incorporation by reference, DATES: Comments must be received on California 90261, both before and after Navigation (air). or before August 23, 1995. the closing date for comments. A report The Proposed Amendment ADDRESSES: Send comments on the summarizing each substantive public In consideration of the foregoing, the proposal in triplicate to: Federal contact with FAA personnel concerned Federal Aviation Administration Aviation Administration, Attn: with this rulemaking will be filed in the proposes to amend 14 CFR part 71 as Manager, System Management Branch, docket. follows: AWP–530, Docket No. 95–AWP–22, Air Availability of NPRM Traffic Division, P.O. Box 92007, Any person may obtain a copy of this PART 71Ð[AMENDED] Worldway Postal Center, Los Angeles, Notice of Proposed Rulemaking (NPRM) California 90009. 1. The authority citation for 14 CFR The official docket may be examined by submitting a request to the Federal part 71 is revised to read as follows: in the Office of the Assistant Chief Aviation Administration, System Management Branch, P.O. Box 92007, Authority: 49 U.S.C. 40103, 40113, 40120; Counsel, Western Pacific Region, Worldway Postal Center, Los Angeles, E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Federal Aviation Administration, Room Comp., p. 389; 49 U.S.C. 106(g); 14 CFR California 90009. Communications must 6007, 15000 Aviation Boulevard, 11.69. identify the notice number of this Lawndale, California 90261. An informal docket may also be NPRM. Persons interested in being § 71.1 [Amended] examined during normal business at the placed on a mailing list for future 2. The incorporation by reference in Office of the Manager, System NPRM’s should also request a copy of 14 CFR 71.1 of the Federal Aviation Management Branch, Air Traffic Advisory Circular No. 11–2A which Administration Order 7400.09B, describes the application procedures. Division at the above address. Airspace Designations and Reporting FOR FURTHER INFORMATION CONTACT: The Proposal Points, dated July 18, 1994, and Scott Speer, Airspace Specialist, System effective September 16, 1994, is The FAA is considering an amended as follows: Management Branch, AWP–530, Air amendment to part 71 of the Federal Traffic Division, Western-Pacific Aviation Regulations (14 CFR part 71) to Paragraph 6005 Class E Airspace Areas Region, Federal Aviation establish a Class E airspace area at Extending Upward From 700 Feet or More Administration, 15000 Aviation Placerville, CA. The development of Above the Surface of the Earth Boulevard, Lawndale, California 90261, GPS SIAP at Placerville Airport has * * * * * telephone (310) 297–0010. made this proposal necessary. The AWP CA E5 Placerville, CA [New] intended effect of this proposal is to SUPPLEMENTARY INFORMATION: Placerville Airport, CA provide adequate Class E airspace for (Lat. 38°43′27′′N, long. 120°45′12′′W) Comments Invited IFR operations at Placerville Airport, That airspace extending upward from 700 Interested parties are invited to Placerville, CA. Class E airspace feet above the surface within a 6.4-mile participate in this proposed rulemaking designations for airspace areas radius of Placerville Airport. by submitting such written data, views, extending upward from 700 feet or more * * * * * or arguments as they may desire. above the surface of the earth are Issued in Los Angeles, California, on June Comments that provide the factual basis published in Paragraph 6005 of FAA 29, 1995. supporting the views and suggestions Order 7400.9B dated July 18, 1994, and James H. Snow, presented are particularly helpful in effective September 16, 1994, which is Acting Manager, Air Traffic Division, developing reasoned regulatory incorporated by reference in 14 CFR Western-Pacific Region. decisions on the proposal. Comments 71.1. The Class E airspace designation [FR Doc. 95–17402 Filed 7–14–95; 8:45 am] are specifically invited on the overall listed in this document would be regulatory, aeronautical, economic, published subsequently in this Order. BILLING CODE 4910±13±M environmental, and energy-related The FAA has determined that this aspects of the proposal. proposed regulation only involves an 14 CFR Part 71 Communications should identify the established body of technical airspace docket number and be regulations for which frequent and [Airspace Docket No. 95±ASW±08] submitted in triplicate to the address routine amendments are necessary to listed above. Commenters wishing the keep them operationally current. Proposed Amendment to Class E FAA to acknowledge receipt of their Therefore, this proposed regulation—(1) Airspace; Artesia, NM comments on this notice must submit is not a ‘‘significant regulatory action’’ AGENCY: Federal Aviation with the comments a self-addressed, under Executive Order 12866; (2) is not Administration (FAA), DOT. stamped postcard on which the a ‘‘significant rule’’ under DOT ACTION: Notice of proposed rulemaking. following statement is made: Regulatory Policies and Procedures (44 ‘‘Comments to Airspace Docket No. 95– FR 10034; February 26, 1979); and (3) SUMMARY: This notice proposes to AWP–22.’’ The postcard will be date/ does not warrant preparation of amend Class E airspace extending time stamped and returned to the Regulatory Evaluation as the anticipated upward from 700 feet above ground commenter. All communications impact is so minimal. Since this is a level (AGL) at Artesia, NM. A new 36374 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules Global Position Satellite (GPS) standard the specified closing date for comments impact is so minimal. Since this is a instrument approach procedure (SIAP) will be considered before may be routine matter that will only affect air to Runway (RWY) 21 at Artesia changed in the light of comments traffic procedures and air navigation, It Municipal Airport has made this received. All comments submitted will is certified that this rule, when proposal necessary. The intended effect be available for examination in the promulgated, will not have a significant of this proposal is to provide adequate Office of the Assistant Chief Counsel, impact on a substantial number of small controlled airspace for aircraft executing Federal Aviation Administration, entities under the criteria of the the GPS SIAP to RWY 21 at Artesia, Southwest Region, 2601 Meacham Regulatory Flexibility Act. NM. Boulevard, Fort Worth, TX, both before List of Subjects in 14 CFR Part 71 DATES: Comments must be received on and after the closing date for comments. or before September 1, 1995. A report summarizing each substantive Airspace, Incorporation by reference, ADDRESSES: Send comments on the public contact with FAA personnel Navigation (air). proposal in triplicate to Manager, concerned with this rulemaking will be The Proposed Amendment System Management Branch, Air Traffic filed in the docket. In consideration of the foregoing, the Division, Federal Aviation Availability of NPRM’s Federal Aviation Administration Administration, Southwest Region, proposes to amend 14 CFR part 71 as Docket No. 95–ASW–08, Fort Worth, TX Any person may obtain a copy of this follows: 76193–0530. Notice of Proposed Rulemaking (NPRM) by submitting a request to the System The official docket may be examined PART 71Ð[AMENDED] in the Office of the Assistant Chief Management Branch, Air Traffic Counsel, Federal Aviation Division, Federal Aviation 1. The authority citation for 14 CFR Administration, Southwest Region, 2601 Administration, Southwest Region, Fort part 71 continues to read as follows: Meacham Boulevard, Fort Worth, TX, Worth, TX 76193–0530. Communications must identify the Authority: 49 U.S.C. 40103, 40113, 40120; between 9:00 a.m. and 3:00 p.m., E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Monday through Friday, except Federal notice number of this NPRM. Persons Comp., p. 389; 49 U.S.C. 106(g); 14 CFR holidays. An informal docket may also interested in being placed on a mailing 11.69. be examined during normal business list for future NPRM’s should also § 71.1 [Amended] hours at the System Management request a copy of Advisory Circular No. Branch, Air Traffic Division, Federal 11–2A that describes the application 2. The incorporation by reference in Aviation Administration, Southwest procedure. 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9B, Airspace Region, 2601 Meacham Boulevard, Fort The Proposal Worth, TX. Designations and Reporting Points, The FAA is considering an dated July 18, 1994, and effective FOR FURTHER INFORMATION CONTACT: amendment to part 71 of the Federal Donald J. Day, System Management September 16, 1994, is amended as Aviation Regulations (14 CFR part 71) to follows: Branch, Federal Aviation revise the Class E airspace, controlled Administration, Southwest Region, Fort airspace extending upward from 700 Paragraph 6005 Class E Airspace Areas Worth, TX 76193–0530; telephone: (817) Extending Upward From 700 Feet or More feet AGL, at Guymon Municipal Airport, Above the Surface of the Earth 222–5593. Guymon, OK. A new GPS SIAP to RWY * * * * * SUPPLEMENTARY INFORMATION: 21 has made this proposal to amend the controlled airspace necessary. The ASW NM E5 Artesia, NM [Revised] Comments Invited intended effect of this proposal is to Artesia Municipal Airport, NM Interested parties are invited to provide adequate Class E airspace for (Lat. 32°51′09′′N, long. 104°28′04′′W) participate in this proposed rulemaking aircraft executing the SIAP. That airspace extending upward from 700 by submitting such written data, views, The coordinates for this airspace feet above the surface within a 7-mile radius or arguments as they may desire. docket are based on North American of Artesia Municipal Airport and within 1.8 Comments that provide the factual basis Datum 83. Designated Class E airspace miles each side of the 035° bearing from the supporting the views and suggestions areas extending upward from 700 feet or Artesia Municipal Airport extending from the presented are particularly helpful in more above ground level are published 7-mile radius to 8.1 miles northeast of the developing reasoned regulatory in Paragraph 6005 of FAA Order airport. decisions on the proposal. Comments 7400.9B, dated July 18, 1994, and * * * * * are specifically invited on the overall effective September 16, 1994, which is Issued in Fort Worth, TX on July 5, 1995. regulatory, aeronautical, economic, incorporated by reference in 14 CFR Albert L. Viselli, environmental, and energy-related 71.1. The Class E airspace designation Manager, Air Traffic Division, Southwest aspects of the proposal. listed in this document would be Region. Communications should identify the published subsequently in the order. [FR Doc. 95–17399 Filed 7–14–95; 8:45 am] airspace docket number and be The FAA has determined that this BILLING CODE 4910±13±M submitted in triplicate to the address proposed regulation only involves an listed under the caption ADDRESSES. established body of technical Commenters wishing the FAA to regulations that need frequent and Coast Guard acknowledge receipt of their comments routine amendments to keep them on this notice must submit, with those operationally current. It, therefore—(1) 33 CFR Part 165 comments, a self-addressed, stamped, is not a ‘‘significant regulatory action’’ [CGD09±95±018] postcard containing the following under Executive Order 12866; (2) is not statement: ‘‘Comments to Airspace a ‘‘significant rule’’ under DOT Safety Zone; Cuyahoga River, Docket No. 95–ASW–08.’’ The postcard Regulatory Policies and Procedures (44 Cleveland, OH will be date and time stamped and FR 11034; February 26, 1979); and (3) AGENCY: Coast Guard, DOT. returned to the commenter. All does not warrant preparation of a ACTION: Notice of proposed rulemaking. communications received on or before regulatory evaluation as the anticipated Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36375 SUMMARY: The Coast Guard proposes to a section of river heavily used by both representing businesses in the area. The add a new permanent safety zone in the large commercial vessels and small Cuyahoga River Task Force 1995 and Cuyahoga River in Cleveland, Ohio The recreational traffic. Use of the river by the Flats Oxbow Association have also new safety zone near the mouth of the large commercial vessels continues to performed a valuable service in helping river, would restrict the mooring of increase, rising from 770 transits in to coordinate markings, signs, and boats in the area from the Conrail No. 1982, 1,264 transits in 1987, to 1,624 operational procedures used by the local 1 railroad bridge south for six hundred transits in 1994. At the same time, businesses and the Coast Guard in order feet to the end of the parking lot businesses along the river continue to to make the existing regulations work in adjacent Fagan’s Restaurant. attract an increasing number of a safe, effective, and economical DATES: Comments must be received on recreational vessels. During the boating manner. The general consensus of the or before September 15, 1995. season, large numbers of recreational Cuyahoga River Task Force 1995 is that ADDRESSES: Comments and supporting vessels tend to raft together into the congestion of recreational vessels materials should be mailed or delivered river near the many entertainment experienced around the area of Fagan’s to Lieutenant (junior grade) Nathan establishments and restaurants, thereby restaurant near the mouth of the river Knapp, Project Officer and Assistant creating a hazard to themselves and to calls for the inclusion of this area in the Chief of the Port Operations the large commercial vessels which also standing regulations as an additional Department, Coast Guard Captain of the use this waterway, and creating an safety zone, under the same terms and Port Cleveland, 1055 E. Ninth Street, obstruction to the use of the river as a conditions, including provisions for Cleveland, Ohio, 44114. Please navigable channel. In 1987, a serious conditional waivers of the restrictions, reference the name of the proposal and collision between a commercial and a as the other zones established for other the docket number in heading above. If recreational vessel highlighted the need businesses further up the river. you wish receipt of your mailed to establish some rules for the comment to be acknowledge, please protection of safe navigation in this Although the recent study of the include a stamped self-addressed increasingly congested waterway. After problem by the Cuyahoga River Task envelope or postcard for that purpose. some experimentation with temporary Force 1995 has provided valuable Comments and materials received will safety zones and an extensive process of information for the use of the Coast be available for public inspection at the comment and consultation with the Guard, this local group does not above location from 8 a.m. to 3 p.m. public, including a public hearing and constitute a formal advisory committee Monday through Friday. a study by a local workgroup made up to the Coast Guard, and the Coast Guard FOR FURTHER INFORMATION CONTACT: of representatives of both the will independently review all public Lieutenant (junior grade) Nathan Knapp, commercial and recreational interests in comment on the issue, through the Project Officer and Assistant Chief of the local area, along with formal process instituted by this notice, the Port Operations Department, Coast representatives of the City of Cleveland before deciding on a course of action. Guard Captain of the Port Cleveland, and the State of Ohio, whose comments Therefore, the Coast Guard now invites 1055 E. Ninth Street, Cleveland, Ohio were incorporated in the formal formal comment from all members of 44114, (216) 522–4405. regulatory comment process, the Coast the public, including participants in the Guard Captain of the Port in Cleveland, SUPPLEMENTARY INFORMATION: Cuyahoga River Task Force 1995. Ohio, established a set of ten permanent Drafting Information: The drafters of this Request for Comments safety zones under the standing regulation are, Lieutenant (junior grade) The Coast Guard encourages regulation at 33 CFR 165.903. (See the Nathan Knapp, Project Officer and Assistant interested persons to participate in this previous Notice of Proposed Chief of the Port Operations Department, rulemaking by submitting comments Rulemaking at 52 FR 45973, December Coast Guard Captain of the Port Cleveland, which may consist of data, views 3, 1987, and the previous Notice of and, Commander Eric Reeves, Chief of the arguments, or proposals for Final Rule at 54 FR 9776, March 8, Port & Environmental Safety Branch, Ninth amendments to the proposed 1989.) Since that time, it appears that Coast Guard District. regulations. The Coast Guard does not the safety zones have been effective in currently plan to have a public hearing. protecting the safety of navigation Environment However, consideration will be given to without causing hardship to the local businesses along the river which serve The Coast Guard has considered the holding a public hearing if it is environmental impact of this regulation requested. Such a request should customers from recreational vessels. and concluded that, under section indicate how a public hearing would However, continuing commercial 2.B.2.c of Coast Guard Commandant contribute substantial information or development and use of the area has led Instruction M16475.1B, it is views which cannot be received in to the same problem of recreational categorically excluded from further written form. If it appears that a public vessels rafted out into the channel and environmental documentation, and has hearing would substantially contribute obstructing navigation in a location near to this rulemaking and there is sufficient the mouth of the river, around Fagan’s so certified in the docket file. All of the time to publish a notice, the Coast Restaurant not previously covered by a area included in the proposed safety Guard will announce such a hearing by safety zone. Using the same process of zones is developed property, with hard a later notice in the Federal Register. informal consultation with local seawalls, and commercial construction, The Coast Guard will consider all interests and civic groups which and does not include environmentally comments received before the closing contributed to the consideration of the sensitive areas. There are other parts of date indicated above, and may amend or prior regulations, the local Coast Guard the Cuyahoga and Old Rivers which do revoke this proposal in response to such Captain of the Port in Cleveland, Ohio, include environmentally sensitive areas, comments. invited comments from a autonomous and which could be affected by a marine ad hoc working group, the Cuyahoga accident in the river. However, the sole Background and Purpose River Task Force 1995, which included purpose and effect of this regulation is The section of the Cuyahoga River in representatives of the Flats Oxbow to reduce the probability of such an which these safety zones are located is Association, a local civic group accident occurring. 36376 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules Federalism of Title 33, Code of Federal Regulations changes to standards in the Domestic This action has been analyzed in as follows: Mail Manual (DMM) related to physical mailpiece dimensions and address accordance with the principles and PART 165Ð[AMENDED] criteria contained in Executive Order placement (59 FR 31178–31183). On 12612, and it has been determined that 1. The authority citation for part 165 July 21, 1994, in order to afford more this regulation does not have sufficient continues to read as follows: opportunity for input, the Postal Service extended the comment period through federalism implications to warrant the Authority: 33 U.S.C. 1231; 50 U.S.C. 191; preparation of a Federalism Assessment. September 16, 1994 (59 FR 37190). On 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; October 11, 1994, in response to Safety of navigation is a matter of long- 49 CFR 1.46. standing and well accepted Federal continued interest, the Postal Service 2. In § 165.903, paragraphs (a)(1) regulation. In addition, the Coast Guard further extended the comment period through (a)(10) are redesignated as has actively consulted with city and through October 31, 1994, and paragraphs (a)(2) through (a)(11), state officers with concurrent announced a public meeting to be held responsibilities for safety in this area in paragraph (a) introductory text is in Arlington, VA, on October 20, 1994, formulating this proposal. revised, a new paragraph (a)(1) is added for oral comment on the proposed rule to read as follows: (59 FR 51397). Regulatory Evaluation § 165.903 Safety Zones: Cuyahoga River The proposed rule offered revisions to This regulation is considered to be and Old River, Cleveland, Ohio. DMM C010 and C050 (with lesser nonsignificant under Executive Order (a) Location: The waters of the changes to DMM A010, A200, and E312) 12866 on Regulatory Planning and Cuyahoga River and the Old River concerning how the physical Review and nonsignificant under extending ten feet into the river at the characteristics of a mailpiece would be Department of Transportation regulatory following eleven locations, including used to determine which dimensions policies and procedures (44 FR 11034 of the adjacent shorelines, are safety zones, are its length, height, and thickness. In February 26, 1979). This is a matter of coordinates for which are based on NAD turn, this information would be used to local concern, with no implications for 83. determine correct address placement national policy or economics. (1) From the point where the and the mailpiece’s mailability, susceptibility to a nonstandard Small Entities shoreline intersects longitude 81°42′31.5′′ W, which is the southern surcharge, processing category, and rate The economic impact of this side of the Conrail No. 1 railroad bridge, eligibility. The proposed rule sought to regulation is expected to be so minimal southeasterly along the shore for six apply a consistent definition of length, that a full regulatory evaluation is hundred (600) feet to the point where height, and thickness to all mail, except unnecessary. Since the impact of this the shoreline intersects longitude for mail eligible for and claimed at a regulation is expected to be minimal, 81°42′24.5′′ W, which is the end of the Barcoded rate for flats. the Coast Guard certifies that, if parking lot adjacent to Fagan’s The proposed rule included these adopted, it will not have a significant Restaurant. specific changes to the DMM: economic impact on a substantial 1. Amend A010.1.0 to standardize number of small entities. The new safety * * * * * Dated: July 5, 1995. address placement on all letter-size mail zone will have a minimal effect on three claimed at other than a single-piece rate J.J. Davin, Jr., local businesses, none of which have so (or, for pieces within a small far entered objections to the proposal. Commander, U.S. Coast Guard, Captain of dimensional range, at the Barcoded rate the Port, Cleveland. The previous experience with the other for flats) to require that the address be safety zones and the local procedures [FR Doc. 95–17491 Filed 7–14–95; 8:45 am] oriented parallel to the length of the worked out by local business for the BILLING CODE 4910±14±M piece (as defined in revised C010.1.1). management of the recreational vessels 2. Revise A010.1.0 and A200.1.3 to along their property in cooperation with add mandatory address placement the Flats Oxbow Association and the POSTAL SERVICE standards for other than single-piece Coast Guard, demonstrates that the rate flat-size mail either prepared in an 39 CFR Part 111 restrictions imposed for the benefit of unattached sleeve or partial wrapper or safety can be accommodated with Revisions to Standards Concerning otherwise not prepared in an envelope, minimal if any effect on the local polybag, or similar enclosure. businesses. Also, it should be noted that Physical Mailpiece Dimensions, Addressing, and Address Placement 3. Amend C010.1.0 to reduce the role a serious accident on the waterway of address placement for determining could have a severely adverse affect on AGENCY: Postal Service. which of a mailpiece’s physical the same businesses. ACTION: Withdrawal of proposed rule. dimensions are its length, height, and Collection of Information thickness by establishing consistent SUMMARY: The Postal Service withdraws definitions based on the physical This regulation will impose no the proposed rule to change several characteristics of the mailpiece. collection of information requirements standards in the Domestic Mail Manual 4. Amend C050.1.0 to provide under the Paperwork Reduction Act, 44 related to physical mailpiece U.S.C. 3501 et seq. consistency in assigning most dimensions and address placement, as mailpieces to a processing category List of Subjects in 33 CFR Part 165 published in the Federal Register on based solely on their dimensions, as June 17, 1994 (59 FR 31178–31183). Harbors, Marine safety, Navigation determined by revised C010.1.0. DATES: July 17, 1995. (water), Security measures, Vessels, 5. Revise C050.5.0 to clarify that Waterways. FOR FURTHER INFORMATION CONTACT: Leo merchandise samples are not, by F. Raymond, (202) 268–5199. definition, always irregular parcels and Proposed Regulations SUPPLEMENTARY INFORMATION: On June that such samples may be categorized as In consideration of the foregoing the 17, 1994, the Postal Service published letter-size or flat-size pieces, based on Coast Guard proposes to amend part 165 for public comment several proposed the usual criteria. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36377 6. Revise A010.4.3 and 4.5 to mandate classification reform rulemaking or rule which is located in the rules the use of a ZIP Code or ZIP+4 code in otherwise. section of the Federal Register. the return address on certain mail. (The Stanley F. Mires, Dated: June 21, 1995. standard for required use of a return Chief Counsel, Legislative. Dennis Grams, address was not changed by these [FR Doc. 95–17472 Filed 7–14–95; 8:45 am] Regional Administrator. proposals.) BILLING CODE 7710±12±P [FR Doc. 95–17215 Filed 7–14–95; 8:45 am] 7. Add A010.5.3 to clarify the BILLING CODE 6560±50±P meaning and appropriate use of the terms ‘‘post office box,’’ ‘‘P.O. Box,’’ EVIRONMENTAL PROTECTION ‘‘PO Box,’’ ‘‘POB,’’ ‘‘P.O.B.,’’ and similar AGENCY 40 CFR Parts 261, 271 and 302 combinations. 40 CFR Part 52 [SWH±FRL±5259±3] 8. Change A010.5.1 to prohibit dual addresses in both the delivery and [KS±5±1±6958b; FRL±5250±5] Extension of Comment Period for the return addresses on Express Mail and Approval and Promulgation of Proposed Identification and Listing of Priority Mail; on registered, certified, Implementation Plans; State of Kansas Hazardous Waste/Dye and Pigment restricted delivery, and special delivery Industries mail; and on any mail claimed at a bulk AGENCY: Environmental Protection Agency (EPA). AGENCY: Environmental Protection or presort rate. Agency. ACTION: Proposed rule. Miscellaneous organizational and ACTION: Proposed rule; extension of technical revisions were also proposed SUMMARY: The EPA proposes to approve comment period. for clarity and consistency as well. a State Implementation Plan (SIP) Over the total comment period, the revision submitted by the state of SUMMARY: The Environmental Protection Postal Service received 53 written Kansas. The revision includes the Agency (EPA or Agency) again is responses from printers, mailer creation of a class II operating permit extending the comment period for the proposed listing determination on a associations, publishers, a consultant, program and revisions and additions to number of wastes generated during the and other customers, all offering existing SIP rules. The approval of the production of dyes and pigments, which hundreds of individual comments on class II permitting program authorizes Kansas to issue Federally enforceable appeared in the Federal Register on the several aspects of the proposed rule. state operating permits addressing both December 22, 1994 (see 59 FR 66072– Of the total responses, 47 opposed all or criteria pollutants (regulated under 66114). The public comment period for part of the proposed rule, and 6 mixed section 110 of the Clean Air Act) and this proposed rule was to end on July support for some aspects of the proposal hazardous air pollutants (regulated 19, 1995. The purpose of this document with opposition to others. The public under section 112 of the Act). In the is to extend the comment period an meeting was attended by 48 industry final rules section of the Federal additional 90 days beyond that, to end representatives, of whom 20 offered oral Register, the EPA is approving the on October 17, 1995. This extension of comments for the record. In addition, 22 state’s SIP revision as a direct final rule the comment period is provided in representatives submitted written without prior proposal because the response to a request by a trade comments, including 13 of those who Agency views this as a noncontroversial association representing the affected gave oral comments. Neither the oral revision amendment and anticipates no industry, due to outstanding nor the written comments raised issues adverse comments. A detailed rationale confidential business information (CBI) not already exposed in the written for the approval is set forth in the direct issues. comments described earlier. final rule. If no adverse comments are DATES: EPA will accept public The Postal Service concluded that, received in response to this proposed comments on this proposed listing despite the merit of some elements of rule, no further activity is contemplated determination until October 17, 1995. the proposed rule, the broad, general in relation to this rule. If the EPA Comments postmarked after the close of opposition expressed by commenters to receives adverse comments, the direct the comment period will be stamped final rule will be withdrawn and all the proposal argued strongly for its ‘‘late’’. public comments received will be reconsideration. Moreover, the advent of ADDRESSES: The public must send an addressed in a subsequent final rule classification reform was an original and two copies of their based on this proposed rule. The EPA comments to EPA RCRA Docket Number opportunity, seen both by the Postal will not institute a second comment Service and the commenters, to enact F–94–DPLP–FFFFF, Room 2616, U.S. period on this document. Any parties EPA, 401 M Street, SW, Washington, more fundamental changes and thus interested in commenting on this render moot some issues in the DC. The docket is open from 9 am to 4 document should do so at this time. pm, Monday through Friday, excluding proposed rule. DATES: Comments on this proposed rule Federal holidays. The public must make Therefore, in view of the comments must be received in writing by August an appointment to review docket received and the events that have 16, 1995. materials by calling (202) 260–9327. The occurred since the proposed rule was ADDRESSES: Comments may be mailed to public may copy material from any published, the Postal Service has Wayne A. Kaiser, Environmental regulatory docket at no cost for the first determined to withdraw its proposal at Protection Agency, Air Branch, 726 100 pages, and at $0.15 per page for this time. The Postal Service does so, Minnesota Avenue, Kansas City, Kansas additional copies. however, with the caveat that elements 66101. FOR FURTHER INFORMATION CONTACT: of the proposed rule are likely to be FOR FURTHER INFORMATION CONTACT: For technical information concerning republished at a later date for comment, Wayne A. Kaiser at (913) 551–7603. this notice, please contact Wanda separately or in combination, as part of SUPPLEMENTARY INFORMATION: See the Levine, Office of Solid Waste (5304), information provided in the direct final U.S. Environmental Protection Agency, 36378 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 401 M Street, SW, Washington, DC 117–38–06. Johannesburg is located DEPARTMENT OF TRANSPORTATION 20460, (202) 260–7458. within 320 kilometers (199 miles) of the SUPPLEMENTARY INFORMATION: This United States-Mexico border, and National Highway Traffic Safety proposed rule was issued under Section therefore, the Commission must obtain Administration 3001(b) of RCRA. EPA proposed to list concurrence of the Mexican government 49 CFR Part 571 certain wastes generated during the to this proposal. production of dyes and pigments DATES: Comments must be filed on or Denial of Petition for Rulemaking; because these wastes may pose a before September 1, 1995, and reply Federal Motor Vehicle Safety substantial present or potential risk to comments on or before September 18, Standards human health or the environment when 1995. improperly managed. See 59 FR 66072– AGENCY: National Highway Traffic 114 (December 22, 1994) for a more ADDRESSES: Secretary, Federal Safety Administration (NHTSA), detailed explanation of the proposed Communications Commission, Department of Transportation. rule. Washington, DC 20554. In addition to ACTION: Denial of petition for These proposed hazardous waste filing comments with the FCC, rulemaking. listings were based in part upon data interested parties should serve the SUMMARY: claimed as confidential by certain dye petitioner’s counsel, as follows: Denise This document denies a and pigment manufacturers. Although B. Moline, Esq., 6800 Fleetwood Road, petition from Koito Manufacturing Co., Ltd. for rulemaking to permit an EPA intends to publish these data or Suite 100, P.O. Box 539, McLean, VA alternative performance requirement information derived from these data 22101. claimed as confidential (to the extent (allowing permissible moisture relevant to the proposed listing), the FOR FURTHER INFORMATION CONTACT: presence) for certain types of headlamps Agency is unable to do so at the present Nancy Joyner, Mass Media Bureau, (202) after completion of the humidity test. time, pending a decision on current CBI 418–2180. The humidity test of Federal Motor Vehicle Safety Standard No. 108, litigation. EPA is pursuing avenues to SUPPLEMENTARY INFORMATION: This is a allow publication of the information, Lamps, Reflective Devices, and synopsis of the Commission’s Notice of Associated Equipment, was shortened and intends to supplement the public Proposed Rule Making, MM Docket No. record prior to issuance of a final listing. in duration in 1991 to accommodate 95–104, adopted June 29, 1995, and another petition from Koito; thus, this In addition, the Ecological and released July 11, 1995. The full text of Toxicological Association of Dyes and petition is somewhat repetitive. The this Commission decision is available Organic Pigments Manufacturers requirement of no visible moisture for inspection and copying during (ETAD) requested an additional inside the headlamp has existed for normal business hours in the FCC’s extension of the comment period for the replaceable bulb headlamps since their Reference Center (Room 239), 1919 M same reason, i.e., that the CBI issues inception in 1983. The claim by Koito Street, NW., Washington, DC. The have not been resolved yet. that the requirement is not a Therefore, for these reasons, EPA is complete text of this decision may also performance standard but a design extending the comment period to be purchased from the Commission’s standard is without merit. Koito’s provide sufficient time for the public to copy contractors, International proposed supplementary corrosion test comment if and when additional data Transcription Service, Inc., (202) 857– for headlamps with visible moisture are published. 3800, 2100 M Street, NW., Suite 140, present after a humidity test does not Washington, DC 20037. seem to support its claim of no long- Dated: July 11, 1995. term photometric degradation in these Loretta Marzetti, Provisions of the Regulatory Flexibility Act of l980 do not apply to headlamps passing the test. Acting Director, Office of Solid Waste. this proceeding. FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 95–17475 Filed 7–14–95; 8:45 am] Jere Medlin, Office of Rulemaking, BILLING CODE 6560±50±M Members of the public should note that from the time a Notice of Proposed NHTSA, 400 Seventh Street, SW, Rule Making is issued until the matter Washington, DC 20590. Mr. Medlin’s is no longer subject to Commission telephone number is: (202) 366-5276; FEDERAL COMMUNICATIONS FAX (202) 366-4329. COMMISSION consideration or court review, all ex parte contacts are prohibited in SUPPLEMENTARY INFORMATION: On April 47 CFR Part 73 Commission proceedings, such as this 19, 1995, Koito Manufacturing Co., Ltd. one, which involve channel allotments. (Koito) petitioned for a change to the [MM Docket No. 95±104, RM±8656] See 47 CFR 1.1204(b) for rules humidity test performance requirements governing permissible ex parte contacts. for replaceable bulb, integral beam, and Radio Broadcasting Services; some types of combination headlighting Johannesburg, CA For information regarding proper systems. The present humidity filing procedures for comments, See 47 AGENCY: Federal Communications performance requirement originated in Commission. CFR 1.415 and 1.420. 1983 and requires that no evidence of ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 delamination or moisture, fogging or condensation be present to the eye SUMMARY: This document requests Radio broadcasting. (without magnification) upon comments on a petition for rule making completion of the humidity test Federal Communications Commission. filed on behalf of Jacqueline Lago sequence. Koito proposed an alternative requesting the allotment of Channel John A. Karousos, requirement for those headlamps that 265A to Johannesburg, California, as Chief, Allocations Branch, Policy and Rules cannot pass this requirement. Koito did that community’s second local FM Division, Mass Media Bureau. not provide any test data to substantiate service. Coordinates used for Channel [FR Doc. 95–17377 Filed 7–14–95; 8:45 am] its claim that there is no long-term 265A at Johannesburg are 35–22–24 and BILLING CODE 6712±01±F performance degradation in photometric Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36379 output from allowing moisture in cause of headlamp inspection failure is intended to address a headlamp’s headlamps over long periods. Koito and lamp replacement in Europe has susceptibility to the ingress of moisture, claims that such headlamps perform been corroded reflectors. While it is which over the life of the lamp will adequately in Europe and Japan. possible that this situation may have cause deterioration of the lamp’s In 1991, the humidity test was changed, NHTSA is not aware of any photometric performance. The changed as a result of a petition by change. The U.S. permitted replaceable requirement is not solely for the Koito and Robert Bosch GmbH. The bulb headlamps that are conceptually purpose of testing in the instant the loss duration of the test was shortened from similar to those in Europe and Japan on or failure of photometric performance as 20 consecutive 6-hour cycles to 24 the premise that headlamps introduced Koito believes. The test was never consecutive 3-hour cycles; the into the U.S. market would not exhibit intended to simulate a lifetime of photometric test immediately after the the traditionally poor resistance to heating/cooling/dry/wet events that humidity test was deleted and other test environmental degradation that had could occur with a lamp installed on a details were changed. The sole been typical of non-U.S. code real vehicle. The test appears to remaining requirement was that ‘‘the headlamps. Additionally, because of the discriminate well against lamps that are headlamp show no evidence of fewer and less thorough inspections in susceptible to the ingress of moisture, as delamination or moisture, fogging or the U.S., there is the likelihood that evidenced by Koito’s concern that condensation visible without lamps of reduced or failed performance traditional Japanese and European magnification.’’ would continue to be used on U.S. headlamp designs, susceptible to Now, Koito states that the highways in greater numbers than in interior damage, cannot comply. While requirement that no visible moisture be Europe or Japan. Thus, Koito’s claim the test can be characterized as present inside the headlamp following that adequate performance can be restrictive of certain headlamp designs, the humidity test is a design restriction achieved by using lamps of non-U.S. it is because those design cannot meet and that the criteria are excessively market design is not substantiated. the performance demanded of them for stringent ‘‘design standards’’ as opposed Koito did not provide any data to passing the test. NHTSA does not view to ‘‘performance standards.’’ show that headlamps would not the requirement as a design standard, Koito also states that the present eventually degrade over the life of the because the standard does not dictate to humidity test requirement causes it to vehicle when they are occasionally or lamp manufacturers the design design its headlamps with long vent perpetually wet from moisture that is characteristics which they must choose. tubes, which it states has increased the purposefully allowed to be in the Manufacturers have complete freedom cost to the consumer. Koito furnished interior of the lamp. The existence of of design as long as the performance no data to support its claim of increased visible moisture as an acceptable (not allowing moisture) is met. costs or burden. operational condition for headlamps is Koito claims that the newly proposed Koito recommended that the new contrary to all State and Federal efforts corrosion test for headlamps that have corrosion test set forth in Docket No. to date to maintain a safe level of removable lenses is an appropriate 93–57; Notice 2, (59 FR 59975 of headlamp illumination performance, requirement for lamps to pass should November 21, 1994) be applied to lamps against a history of environmental they first fail the present humidity test. failing the humidity test. In that Notice degradation. It is difficult to accept that This is an incorrect application of that of Proposed Rulemaking the agency water in headlamps is not deleterious to requirement. The newly proposed proposed only for replaceable lens headlamp performance; although, if corrosion test is to address a headlamp’s headlamps, to set forth additional lamp cost is no object, then it is susceptibility to corrosion from the requirements for headlamps that would conceivable that headlamps could be effects of having a broken lens. The have replaceable lenses. Such lamps made to perform under such duress. exposure time due to a broken lens may would be designed not to corrode if the NHTSA is not convinced that the public vary widely case to case, but it is not interiors were exposed briefly to the is ready to accept or understand that it continual for the life of the vehicle. This outside environment until such time is acceptable for water to be in certain corrosion test is not an adequate that a lens replacement occurred (lens headlamps and not be in others. requirement for headlamps that by their replacement is not now permitted). That This is the second time that Koito has design could have very open interiors, lens replacement proposal had an requested that the humidity as if they had broken lenses, over their additional chemical resistance test on requirements be amended to entire existence. A very different and the reflector, an additional 24-hour salt accommodate its needs. The last time more stringent requirement would spray and 48-hour storage tests (all with was four years ago. While the present appear to be appropriate for such lamps. the lens removed), and a cleaning test in request is of a subtly different nature, However, such a test would not accordance with the instructions the fact is that it is repetitive in nature: determine lamps’ susceptibility to supplied by the manufacturer with the the humidity test prevents Koito from condensing moisture that could disrupt headlamp. A final amendment to selling a design that cannot comply with photometry in the instant. Thus, it does FMVSS No. 108 on this subject has not the humidity requirements. NHTSA is not fulfill the safety need either. been issued yet. not persuaded by Koito’s claims that it In accordance with 49 CFR Part 552, In response to Koito’s claims, is prevented from selling headlamps this completes the agency’s technical NHTSA’s technical review follows. that have acceptable performance. The review of the petition. The agency has Regarding the claim that headlamps that standard’s requirements determine concluded that there is no reasonable have visible moisture that are in use in acceptable performance for the U.S. possibility that the amendment Europe and Japan perform adequately, Unsubstantiated claims of real-world requested by the petitioner would be those regions have a greater performance in some other region of the issued at the conclusion of a rulemaking preponderance of vehicle inspection world, cannot be used as a basis for proceeding. The possible value of the performed than in the United States changing U.S. safety standards. requested amendment is particularly (U.S.) Timely headlamp replacement Koito claims that the present small in view of the petitioner’s ability after failure is assisted by the routine requirement is design restrictive and to build complying headlamps under inspection process. As a consequence, establishes a design and not a the existing requirements and the lack history has shown that the dominant performance standard. The requirement of any inhibition in the standard against 36380 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules innovative solutions for achieving scientific or commercial information, Besides Rock Creek, private land sites compliance. After considering all the Service make a finding within 12 include Lake City, Columbia County, relevant factors, including the need to months of the date of receipt of the and Camp Crystal Lake, Clay County, allocate and prioritize scarce agency petition on whether the petitioned Florida. Approximately a dozen resources to best accomplish the action is (a) not warranted, (b) specimens have been collected from agency’s safety mission, the agency has warranted, or (c) warranted but these other sites. The most recent decided to deny the petition. precluded from immediate proposal by collections were made in 1994 from Authority: 49 U.S.C. 30103, 30162; other pending proposals of higher Blackwater River State Forest. Kroetzer delegation of authority at 49 CFR 1.50 and priority. Section 4(b)(3)(C) of the Act and Kroetzer (unpublished) collected a 501.8. requires that petitions for which the specimen from Conecuh National Forest Issued on: July 12, 1995. requested action is found to be in Alabama in 1994 which has Barry Felrice, warranted but precluded should be characteristics of both Cordulegaster treated as though resubmitted on the sayi and its congener C. bilineata. Associate Administrator for Safety date of such finding, i.e., requiring a Say’s spiketail dragonfly is associated Performance Standards. subsequent finding to be made within with trickling hillside seepages in [FR Doc. 95–17434 Filed 7–14–95; 8:45 am] 12 months. Such 12-month findings deciduous forests (Dunkle 1989). Adults BILLING CODE 4910±59±P shall be published promptly in the have been collected from late February Federal Register. through late April in open areas within On February 15, 1994, the Service about a half mile of seepage breeding DEPARTMENT OF THE INTERIOR received a petition dated January 13, sites (Westfall and Mauffray 1994). 1994, from Ms. Nancy Fraser Williams Westfall (pers. comm. 1994) collected Fish and Wildlife Service on behalf of the Rock Creek Owners’ larvae of various instars from seepage 50 CFR Part 17 Association, Gainesville, Florida, to list pools and beneath wet leaves within the Say’s spiketail dragonfly and on the border of the seepage Endangered and Threatened Wildlife (Cordulegaster sayi) as endangered. A streamlets. Larval collections indicate and Plants; 12-Month Finding for a 90-day finding was made by the Service that the species has a multi-year life Petition To List the Say's Spiketail that the petition presented substantial cycle (Westfall and Mauffray 1994, Dragonfly as Endangered information indicating that the Mauffray in litt. 1994). requested action may be warranted. The Two seepages modified by AGENCY: Fish and Wildlife Service, 90-day finding was announced in the development of the Rock Creek Interior. Federal Register on October 26, 1994 subdivision are the only known adverse ACTION: Notice of 12-month petition (59 FR 53776). The finding also habitat changes at this site (Mauffray in finding. announced the Service’s formal review litt. 1994). Despite these modifications, of the species’ status and solicited Mauffray (Westfall and Mauffray 1994) SUMMARY: The Fish and Wildlife Service information and public comment discovered a sizable population in 1992. (Service) announces a 12-month finding regarding population trends, biological The collection of larvae from flooded for a petition to list the Say’s spiketail vulnerability, and threats to this species. seeps in 1993 (Westfall and Mauffray dragonfly (Cordulegaster sayi) under the Comments and information received by 1994) following two successive flood Endangered Species Act of 1973, as December 27, 1994, were considered in events did not support Mauffray’s belief amended. After review of all available the 12-month finding. (in litt. 1994) that unflooded seeps are scientific and commercial information, On the basis of the best available needed as dragonfly refugia for the Service finds that listing this species scientific and commercial information, population survival. An observed is not warranted. the Service finds that listing the Say’s increase in adult numbers from 1993 to DATES: The finding announced in this spiketail dragonfly is not warranted at 1994 would also not have been document was made on June 20, 1995. the present time. predicted following two consecutive The earliest description of this ADDRESSES: Comments or questions annual floods. The observed concerning this petition should be sent dragonfly was made by Selys (1854) fluctuations in adult numbers before to the Field Supervisor, U.S. Fish and from a British Museum specimen taken and after surrounding land development in Georgia. Westfall (1953) reported Wildlife Service, 6620 Southpoint Drive may therefore be more a function of three males collected at Lake City in South, Suite 310, Jacksonville, Florida asynchronous emergence due to the 1896 and 1897 as the first specimens 32216. The petition, finding, supporting species’ presumed multi-year life cycle from Florida. Westfall and Johnson data, and comments are available for rather than an adverse response to (unpublished) attributed additional state public inspection, by appointment, flooding. Concerns for seepage damage records to misidentifications with during normal business hours at the by cattle (Daigle in litt. 1985) and congeneric species. Their review above address. pedestrians and vehicles (V. Compton, demonstrated that the only known Blackwater Forestry Resource FOR FURTHER INFORMATION CONTACT: Dr. specimens of Cordulegaster sayi in Administrator, pers. comm. 1994) in Michael M. Bentzien, Assistant Field existence were collected from eight Blackwater River State Forest are the Supervisor, at the above address (904/ specific historic sites in either Georgia only other known instances rangewide 232–2580). or Florida. The current range includes of possible habitat impacts. Despite SUPPLEMENTARY INFORMATION: central Georgia to northern and western these observations, two adults were Florida. Rock Creek is the best described collected in 1994 in the vicinity of the Background and most productive of the eight historic collection site (J. Daigle, Florida Section 4(b)(3)(B) of the Endangered historic sites. Sites on public land Department of Environmental Species Act of 1973, as amended (16 include Gordonia-Altamaha State Park Protection, pers. comm., 1994) U.S.C. 1531 et seq.), requires that, for in Georgia; Gold Head Branch and Between 1970 and 1994, Mauffray (in any petition to revise the Lists of Torreya State Parks, San Felasco litt. 1994) conservatively estimated that Endangered and Threatened Wildlife Hammock State Preserve, and collecting had removed over 140 adult and Plants that contains substantial Blackwater River State Forest in Florida. specimens from Rock Creek. This level Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36381 of collecting was related to the sites’s Where habitat of this species occurs since Gainesville has placed the project uniqueness and accessibility. Despite on other Federal lands, including but on hold for an estimated three to five this collecting pressure, the population not limited to the Forest Service, Park years while it updates its planimetric persisted. The species’ short flight Service and Department of Defense, database (G. Pearson, City Engineer, season, variable emergence, lack of each agency’s standard natural resource Public Works Department, pers. comm.). collection pressure on larvae, and and wildlife protection guidance are Seven of the eight historic collection increased conservation awareness implemented. sites remain intact and six receive some Mauffray (in litt. 1994) expressed probably mitigated serious collecting protection and management. Adults impacts. concern for the Rock Creek population’s were recently collected at one of these Neither the city of Gainesville, survival from other man-made and Florida, nor Alachua County have local natural factors such as insecticides, sites and suitable habitat also exists at ordinances which mandate special local fertilizers from adjacent turf and other as yet unsurveyed sites. The protection for the dragonfly or the landscape areas, fire, and drought. The Service therefore concludes that the habitat at Rock Creek (M. Drummond, Service acknowledges that man-made probability of finding other reproducing Alachua County Environmental drains traversing the Rock Creek populations rangewide is high. The Protection Department, pers. comm.). riparian corridor could serve as Service has funded a systematic survey Both Florida and Georgia have statutes conduits for limited point and non- of historic sites and other public lands intended to provide special protection point source pollution within breeding in portions of Florida, Georgia, and and conservation measures for species sites. Mosquito spraying also may Alabama. The survey hopes to better designated according to specific criteria impact adult dragonflies and chemicals delineate the species’ range and within the respective state laws. Say’s reaching breeding sites from sheet flow distribution. A single specimen spiketail dragonfly currently has no of surface and subsurface waters representing a new site has since been special designation in either state. likewise may impact larvae. Information collected at Camp Blanding National Agencies administering and managing which substantiates these impacts, Guard Military Reservation in Clay parks and preserves in both states however, was not found. The County, Florida. prohibit the removal of non-exempt dragonfly’s apparent semi-aquatic larval On the basis of the best available fauna and flora from lands entrusted to stage should help it survive periods of scientific and commercial information, them without prior written permission low water. The Service considers the the Service finds that listing Say’s from the authorized representative (B. probable impacts from fire low because spiketail dragonfly as endangered is not Wert in litt. 1995, D. Bryan in litt. 1995). of the habitat’s relative resistance to warranted at the present time because The same requirement applies to the burning. The potential impact of the taxon presently is not in danger of Florida state forest system (V. Compton, agriculture and silviculture on habitat extinction or likely to become so in the pers. comm.). rangewide is unknown. foreseeable future. The species will The current status and condition of The distance separating known continue to be retained in category 2 at the Lake City collection site is unknown collection sites suggests that gene flow least until the results of the current since the collections were made nearly among populations of this habitat status survey have been assessed. 100 years ago and exact locations were specialist was historically restricted. Category 2 candidates are those for not specified. The Camp Crystal Lake The adults’ presumed short flight range which information now in the site consists of open fields and three further restricts potential exchange of possession of the Service indicates that ravines administered respectively by the genetic material. Although impacts to proposing to list as endangered or Alachua County School Board and the the Rock Creek deme (local populations threatened is possibly appropriate, but city of Keystone Heights Airport with little or no outbreeding) might for which conclusive data on biological Authority. Both areas have controlled result in some loss of genetic diversity vulnerability and threat are not access. Leases provided to Camp Crystal from the species genome, it would have currently available to support proposed Lake and Keystone Heights Sportsmen’s little or no significance to the genetic rules. In addition, the status of the Club by the Airport Authority which fitness of other demes. proposed floodwater retention project permit ravine access also prohibit The Service believes that the will be monitored as will the Rock property destruction or alteration as floodwater retention project, if Creek population. The condition of new well as the removal of any plants or implemented, would not result in the and other existing populations will be animals other than specified game extirpation of the Rock Creek evaluated and pre-listing conservation animals without prior permission from population. An analysis of historic actions instituted, where feasible, to the lessor (G. Reid, Keystone Heights, population fluctuations and Westfall further protect and restore this species Airport Authority, pers. comm., 1994). and Mauffray’s 1993 Rock Creek study and its habitat. The Service will An Airport Authority property manager does not support their contention that continue to seek additional information patrols the areas three days a week. additional flooding would severely Although existing regulatory impact this dragonfly. Other factors about population trends, biological mechanisms do not protect all Say’s such as chemicals, fire, and drought vulnerability and threats to this species. spiketail habitat, available information were assessed for cumulative impacts. If additional information becomes indicates that some protection is being Some impact might be expected if the available in the future indicating that afforded on public lands. factors occurred close enough in time to listing as endangered or threatened is The Clean Water Act (section 404) is affect multiple life stages or generations. appropriate, the Service may reassess the primary federal law that provides The Service’s position is that the factors the listing priority for this species. some protection of aquatic habitats are either not factually supported and/ References determined by the U.S. Army Corps of or that the probability for their close Engineers to be jurisdictional wetlands. temporal occurrence resulting in A complete list of references used in These laws provide no protection cumulative impacts is very low. The the preparation of this finding is against modification or development of petitioner’s concern for imminent available upon request from the upland habitats adjacent to the seepage impact to the population from the Jacksonville Field Office (see ADDRESSES breeding sites. proposed project has been eliminated section). 36382 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules Author: The primary author of this Wildlife Service, 911 N.E. 11th Avenue, 50 CFR Part 18 document is Mr. John F. Milio (see Portland, Oregon 97232–4181. ADDRESSES section). RIN 1018±AD04 FOR FURTHER INFORMATION CONTACT: Mr. Authority Curt Smitch, Assistant Regional Importation of Polar Bear Trophies Director, North Pacific Coast Ecoregion, From Canada; Proposed Rule on Legal The authority for this action is the 3704 Griffin Lane SE, Suite 102, and Scientific Findings To Implement Endangered Species Act of 1973, as Olympia, Washington 98501 (360/534– Section 104(c)(5)(A) of the 1994 amended (16 U.S.C. 1531 et seq.). 9330); or Mr. Gerry Jackson, Deputy Amendments to the Marine Mammal Assistant Regional Director, North Protection Act List of Subjects in 50 CFR Part 17 Pacific Coast Ecoregion, 911 N.E. 11th AGENCY: Fish and Wildlife Service, Avenue, Portland, Oregon 97232–4181 Interior. Endangered and threatened species, (503/231–6159). Exports, Imports, Reporting and ACTION: Supplemental proposed rule recordkeeping requirements, and findings. SUPPLEMENTARY INFORMATION: Transportation. SUMMARY: This notice announces the Dated: June 20, 1995. Background proposed legal and scientific findings Mollie H. Beattie, on the importation of polar bears (Ursus The implementing regulations for maritimus) taken in sport hunts in Director, Fish and Wildlife Service. threatened wildlife generally Canada, including ones taken, but not imported, prior to enactment of the 1994 [FR Doc. 95–17386 Filed 7–14–95; 8:45 am] incorporate the prohibitions of section 9 of the Endangered Species Act of 1973, Amendments of the Marine Mammal BILLING CODE 4310±55±P as amended (Act), for endangered Protection Act (MMPA). Specifically, wildlife, except when a ‘‘special rule’’ the U.S. Fish and Wildlife Service promulgated pursuant to section 4(d) of (Service) proposes to find that the 50 CFR Part 17 the Act has been issued with respect to Northwest Territories (NWT), the only a particular threatened species. At the area in Canada that currently allows RIN 1018±AD20 time the northern spotted owl, Strix sport hunting, has a monitored and occidentalis caurina, was listed as a enforced sport-hunting program that ensures polar bears are legally taken, is Endangered and Threatened Wildlife threatened species in 1990, the Service consistent with the purposes of the and Plants; Proposed Special Rule for did not promulgate a special section Agreement on the Conservation of Polar the Conservation of the Northern 4(d) rule and therefore, all of the section Bears, and is based on scientifically Spotted Owl on Non-Federal Lands 9 prohibitions, including the ‘‘take’’ sound quotas ensuring the maintenance prohibitions, became applicable to the of the affected population stock at a AGENCY: Fish and Wildlife Service, species. To replace the blanket sustainable level, provided certain Interior. prohibitions against take of spotted provisions are in place in the specific ACTION: owls, the Service published a proposed Reopening of the comment population. The Service proposes to special rule, 50 CFR Part 17, on period for the proposed special rule. approve populations where the status of February 17, 1995, in the Federal the population has been stable or Register, pursuant to section 4(d) of the SUMMARY: On February 17, 1995 (60 FR increasing for previous harvest seasons Act, which proposes a narrower, more and local and/or joint management 9484), the Fish and Wildlife Service tailor-made set of standards that reduce (Service) published a proposed special agreement(s) are in place. Since Canada prohibitions applicable to timber and the United States are Parties to the rule, pursuant to section 4(d) of the harvest and related activities on Endangered Species Act (Act), to Convention on International Trade in specified non-Federal forest lands in Endangered Species of Wild Fauna and replace the blanket prohibitions against Washington and California. incidental take of spotted owls with a Flora (CITES), the Service proposes that narrower, more tailor-made set of import and export procedures are in List of Subjects in 50 CFR Part 17 standards that reduce prohibitions place to meet CITES requirements. This applicable to timber harvest and related notice also proposes regulations on the Endangered and threatened species, activities on specified non-Federal disposition of the gall bladder, tagging Exports, Imports, Reporting and forest lands in Washington and of trophies, and import procedures recordkeeping requirements, and California. The original deadline for needed to monitor legal import and to Transportation. comments on the proposed rule was ensure the import will not contribute to May 18, 1995, however, on May 18, illegal trade in bear parts. The Service 1995 (60 FR 26712), a notice was Authority invites comment on options proposed to published in the Federal Register meet the provisions of Section 102(b) of announcing the reopening of the The authority for this action is the the MMPA concerning the importation comment period to end July 17, 1995. Endangered Species Act of 1973, as of pregnant and nursing polar bears. For The intent of this notice is to reopen the amended (16 U.S.C. 1531 et seq.) polar bears taken in the NWT prior to comment period to September 15, 1995. Dated: July 10, 1995. the Amendments through the effective date of the final rule, the Service DATES: The comment period for written Michael J. Spear, proposes to issue permits when proof of comments is reopened until September legal take is demonstrated and the 15, 1995. Regional Director, U.S. Fish and Wildlife provisions of the Act concerning Service, Region 1, Portland, Oregon. ADDRESSES: Comments and materials pregnant and nursing polar bears are concerning this proposed rule should be [FR Doc. 95–17422 Filed 7–14–95; 8:45 am] met. The Service intends to make these sent to Mr. Michael J. Spear, Regional findings for multiple sport-hunting Director, Region 1, U.S. Fish and BILLING CODE 4310±55±P seasons pending review as required Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36383 under Section 104(c)(5)(C) of the meet the requirements of Section 102(b) extent as to support an increase in the MMPA. This proposed rule is a of the MMPA that polar bears may not quota. supplement to the Service’s previous be imported if the bear at the time of The proposed rule provides proposed rule published on January 3, taking was pregnant or a nursing cub. information on polar bear biology and 1995. The rule also proposes to amend the Canada’s management program for this DATES: The Service will consider proposed permit regulations announced species. It discusses each of the legal comments and information received in the January 3, 1995, notice by adding and scientific findings for the Northwest August 31, 1995 in formulating its regulations on certification of legal take Territories (NWT), the only area in decision on this notice and proposed by the NWT for polar bears taken prior Canada where polar bears can be rule. to the effective date of any final rule; harvested currently by non-residents ADDRESSES: Comments and information disposition of the gall bladder; tagging through a regulated sport-hunting should be sent to: Director, Fish and of trophies; and import procedures program. Wildlife Service, c/o Office of needed to monitor legal import and to The Service is to make the findings in Management Authority, 4401 N. Fairfax ensure the import will not contribute to consultation with the MMC, an Drive, Room 420C, Arlington, VA illegal trade in bear parts. independent Federal agency with In accordance with section 22203. Materials received will be statutory authority to make 104(c)(5)(A) of the MMPA, prior to available for public inspection by recommendations pursuant to Title II of issuing a permit for the importation of appointment from 7:45 a.m. to 4:15 the MMPA. Copies of the information a polar bear trophy, the Service must p.m., Monday through Friday, at the received from Canada have been make a finding that the polar bear was Office of Management Authority, Room provided to the MMC for this purpose. legally taken by the applicant, and in 434. The Service has prepared a draft The Service intends to announce its consultation with the Marine Mammal Environmental Assessment (EA) for this decision on these proposed findings Commission (MMC), and after proposal. A copy of the draft EA may be after consultation with the MMC and opportunity for public comment must obtained by writing to this address or by the opportunity for public comment. make the following findings: (A) Canada telephoning the contact listed below. has a monitored and enforced sport- Population Status and Distribution FOR FURTHER INFORMATION CONTACT: hunting program that is consistent with Although polar bears occur in most Kenneth Stansell, Office of Management the purposes of the 1973 International ice-covered areas of the Arctic Ocean Authority, at the above address, Agreement on the Conservation of Polar and adjacent coastal land areas, their telephone (703) 358–2903; fax (703) Bears (International Agreement); (B) distribution is not continuous. They are 358–2281. Canada has a sport-hunting program most abundant along the perimeter of that is based on scientifically sound SUPPLEMENTARY INFORMATION: the polar basin for 120 to 180 miles (200 quotas ensuring the maintenance of the to 300 kilometers) offshore. The primary Background affected population stock at a On January 3, 1995, the Service sustainable level; (C) the export from prey of polar bears is the ringed seal published in the Federal Register (60 Canada and subsequent import into the (Phoca hispida), followed by the FR 70) a proposed rule to establish United States are consistent with the bearded seal (Erignathus barbatus). The application requirements, permit provisions of CITES and other abundance of seals affects the procedures, issuance criteria, permit international agreements and distribution of polar bears. The long- conditions, and a special permit conventions; and (D) the export and term distribution of polar bears and issuance fee. At that time, the Service subsequent import are not likely to seals depends on the availability of was gathering information for this contribute to illegal trade in bear parts. habitat which is influenced by seasonal second proposed rule. This rule According to the Committee Report and annual changes in ice position and proposes the legal and scientific (H.R. Rep. No. 439, 103d Cong., 2d conditions (U.S. Fish and Wildlife findings required by the 1994 Sess.(1994)) these provisions were Service (USFWS) 1995). Amendments that need to be made prior placed in the law partly to ensure that It is estimated that there are 21,000 to to the Service issuing permits to allow the importation of polar bear trophies 28,000 polar bears worldwide (Polar for the importation of sport-hunted into the United States would not Bear Specialist Group (PBSG) 1995). trophies of polar bears legally taken by increase hunting demand in Canada that The number of polar bears in Canada is the applicant while hunting in Canada. would result in unsustainable harvest estimated at 13,120 in 12 relatively Based on information on polar bear levels. It was felt that if Canada’s polar discrete populations, referred to as populations in Canada and Canada’s bear management program regulates management units or subpopulations in management program, the Service harvest through a quota system based on some documents (Government of the believes these proposed findings are principles of sustainable yield, any Northwest Territories (GNWT), consistent with section 104(c)(5)(A) of increase in the harvest quota would be unpublished documents on file with the the MMPA. The Service invites based on scientific data showing the Service) (Map 1). comment on three proposed options to population had increased to such an BILLING CODE 4310±55±P 36384 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules BILLING CODE 4310±55±C report pointed out that although the using reconnaissance surveys. Over The language in the Amendments definition of population remains time, the boundaries have been refers to an ‘‘affected population stock’’ illusive, it can be critical to good confirmed and refined through scientific in the singular, and raises the issue of management. She asserted that research on the movement of polar bears whether the Service needs to make the ‘‘population stock’’ in the MMPA has (e.g., mark-recapture, mark-kill harvest findings on one population for the both a biological and management data, radio tracking, and satellite whole of Canada or on the 12 meaning. Two populations should be telemetry), local knowledge of bear populations under which Canada has managed separately if interchange is movements, and physical factors been managing polar bears for over 20 low as there are potentially strong affecting movements, such as ice years. In considering the following negative effects of treating large areas as formation and location of polynyas (e.g., information, the Service has decided to single populations when mortality is areas where ice consistently breaks up treat the 12 Canadian populations as concentrated in small areas. Dr. Taylor and creates open water or areas where population stocks under the MMPA and also suggested that ‘‘maintaining the ice is refrozen at intervals during the make the proposed findings on that range of a species meets the MMPA winter). The research and accumulation basis. objective of maintaining marine of other information are ongoing. For Congressman Jack Fields, during the mammals as significantly functioning example, the recently collected satellite House of Representatives floor debate elements of their ecosystems.’’ Canada’s telemetry data are being analyzed to for the 1994 Amendments, clarified that management program for polar bear redetermine the population boundaries ‘‘the term ‘population stock’ as defined recognizes 12 discrete populations with for the Parry Channel/Baffin Bay in the MMPA means a group of marine a set quota for human caused mortality population (GNWT). mammals of the same species in a specific to each population. Harvest Canada shares some polar bear common spatial arrangement and is data and scientific research have populations with Greenland and Alaska. used in the bill to refer to these provided information to show that Northeastern Canada shares three subpopulations and management units interchange between populations is low populations (Queen Elizabeth Island, which reflect Canada’s management and human caused mortality is Baffin Bay/Parry Channel, and Davis regime’’ (140 Cong. Rec. H2725, April concentrated within localized areas. Strait) with Greenland with the extent of 26, 1994). Therefore, the management of polar exchange between Canada and For many marine species, there have bears in Canada as discrete populations Greenland as yet unclear. Northwestern been difficulties in defining stocks is consistent with the term ‘‘population Canada shares the Southern Beaufort consistently under the MMPA. This stock’’ as used in the MMPA and Sea population with northern Alaska, particularly became apparent when the ensures the maintenance of the polar with extensive east-west movements of Service and the National Marine bear throughout its range in Canada. polar bears between Canada and the Fisheries Service (NMFS) under the The GNWT wrote the Service that United States. 1994 Amendments were tasked with Canada’s ‘‘stocks’’ of polar bears are conducting stock assessments to termed ‘‘populations’’. This designation Reproduction and Survival determine the number of animals that is based on increasing knowledge on the Polar bears are intimately associated may be removed from a population by movement of polar bears. Boundaries of with Arctic ice. Due to unpredictability human-caused mortality. Dr. Barbara polar bear populations in Canada were in the structure of Arctic sea ice and Taylor (1995) in a NMFS administrative initially based on geographic features associated availability of food, it is Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36385 thought that adult males do not defend sharing of responsibilities. Management NWT’s Polar Bear Management stable territories but may instead has been delegated to the Provincial and Program distribute themselves among different Territorial Governments, but the Federal The NWT geographical boundaries sea ice habitats at the same relative Government (Environment Canada’s include all Canadian lands and marine densities as solitary adult females Canadian Wildlife Service) has an active environment north of the 60th parallel (Ramsay and Stirling 1986). research program and is involved in (except the Yukon Territory) and all Males locate females that are ready to management of populations shared with islands and waters in Hudson Bay and breed by scent and tracks. Polar bears other jurisdictions, especially ones with Hudson Strait up to the low water mark mate while on the sea ice between late other nations. Native Land Claims have of Manitoba, Ontario, and Quebec. Polar March through May, with implantation resulted in Co-management Boards for bears are managed under the Northwest occurring in September. Maternity dens Territories Act (Canada). The 1960 are typically formed in drifted snow in most of Canada’s polar bear Order-in-Council granted the late October and November and cubs are populations. Polar bears in Canada Commissioner in Council (NWT) born in December and January (USFWS occur in the NWT, in the Yukon authority to pass ordinances to protect 1995). Territory, and in the provinces of A summary of research data on the Manitoba, Ontario, Quebec, and polar bears, including the establishment reproduction and survival in polar bears Newfoundland and Labrador (Map 1). of a quota system to manage polar bears, is given in Taylor et al. (1987) and All 12 populations lie within or are that are applicable to all people. The Ramsay and Stirling (1986). The large- shared with the NWT. Provincial Wildlife Act, 1988, and Big Game scale unpredictable fluctuations of the boundaries extend only to the low water Hunting Regulations provide supporting Arctic environment strongly affect the mark of the Hudson Bay. Canadian legislation which recognizes each polar bear population. recruitment rate and the survival of territorial waters within the Arctic Although the recently completed young. Polar bears have a low birth rate Ocean, Hudson Bay, and all islands and and exhibit ‘‘birth pulse’’ reproduction. Inuvialuit and Nunavut Land Claim marine waters are part of the NWT. The Agreements supersede the Northwest A small number breed for the first time offshore marine areas along the coast of at 3 years of age and slightly more at 4 Territories Act (Canada) and the Newfoundland and Labrador are under Wildlife Act, no change in management years of age. Most females start to Federal jurisdiction (GNWT). produce young at 5 or 6 years of age. consequences for polar bears is The number of females available to The Federal-Provincial Technical and expected. Under the umbrella of the breed is affected by the survival rates of Administrative Committees for Polar NWT’s Department of Renewable cubs, adult female survival rates, litter Bear Research and Management (PBTC Resources (DRR), polar bears are co- size, and litter production rates. As cub and PBAC, respectively) were formed to managed through wildlife management and litter survival rates increase, the ensure a coordinated management boards, made up of Land Claim number of females available for process consistent with internal and Beneficiaries and Territorial and Federal breeding in any year decreases. In any international management structures representatives. One of the strongest year, 30 to 60 percent of available adult and the International Agreement. The aspects of the program is that the female polar bears do not breed or are Committees meet annually to review management decision process is not impregnated. Typically, each litter research and management of polar bears integrated between jurisdictions and with local hunters and management consists of two cubs. The overall sex in Canada and have representation from boards. A main feature of this approach ratio is 50 males to 50 females. Cubs all the Provincial and Territorial is the development of Local remain with the female until they are jurisdictions with polar bear about 2.5 years old, during which time Management Agreements between the populations, plus the Federal communities that share a population of the females avoid associating with adult Government. Beginning in 1984, males. When the cubs are weaned, the polar bears. These Agreements are then members of the Service have attended females are again ready for breeding. used to develop regulations which Some females lose their cubs and are meetings of the PBTC and biologists implement the agreements. Regulations available for breeding the next season. from Norway and Denmark have specify who can hunt, season length, The average breeding interval is 3 years. attended a small number of meetings. In and age and sex classes that can be This results in a skewed sex ratio, with recent years, the PBAC meetings have hunted, and the total allowable harvest fewer females available to breed in any included the participation of the non- for a given population in Polar Bear one year than males and in intrasexual government groups, the Inuvialuit Game Management Areas. The DRR has competition among males for access to Council and the Labrador Inuit officers to enforce the regulations in breeding females. Females stop Association, for their input at the most communities of the NWT. Since reproducing at about 20 years of age. management level. Beginning in 1995, the co-management system strives to Due to mortality, the average litter size representatives of Inuit groups develop local support for regulations ranges from 1.58 to 1.87 in the High harvesting polar bears were invited to before they are implemented, there is Arctic populations to as high as 2.0 in attend PBTC meetings. The annual strong community pressure to comply Hudson Bay. The first year survival rate meetings of the PBTC provides for with management agreements. Incidents is high (0.70 to 0.85) because of the long continuing cooperation between of violation of regulations, kills in period of female parental care. The life jurisdictions and for recommending defense of life, or exceeding a quota are history strategy of the polar bear is management actions to the PBAC investigated. typified by high adult survival rates (Calvert et al. 1995). Most recently, There are a number of communities (0.76 to 0.95). emphasis has been on the development within the boundaries of each polar bear population. The total sustainable of Management Agreements, reducing Canada’s Polar Bear Management harvest for each population is divided quotas for populations thought to be Program among communities within the Although each of the 12 populations over-harvested, and conducting research population boundaries, called of polar bear within Canada is managed on populations with uncertain status settlement quotas. When agreement on a as a unit, there is a somewhat complex (PBSG 1995). particular community’s share of the 36386 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules sustainable yield has been reached, tags Native people in 1949, with quotas for adult males. Table 1 shows that in 1993/ are provided each year to the Hunters’ polar bears introduced in 1967. The 94, 79 percent of polar bears taken as and Trappers’ Organizations or harvest of polar bears was almost 700 in sport-hunting trophies were male. It also Associations or Committees (HTO). This 1967/68, but dropped dramatically with summarizes the number of sport hunts group in conjunction with members of the introduction of quotas. In the 1978/ that occurred in the different the community, decides how many tags 79 season, the largest increase occurred populations in the NWT for the last two to allocate to sport hunting and how when the quota was increased by 12 harvest seasons. Sport hunting for polar many are to be used by local hunters. percent (Lee et al. 1994). Since 1991, bears began in the NWT in 1969/70 with Sport hunting is not administered quotas have undergone major three hunts and gradually increased separately from other polar bear adjustments, mainly downward. (GNWT). The average over the last five harvesting. It should be noted that some In the NWT, the indigenous people in seasons was 55 as summarized by the communities may hold quota tags for Service in Table 2. The maximum several separate populations, but tags a settlement may authorize the sale of a number of sport hunts in any one year can be used only for the populations for permit from the quota to a non-resident was 83 which occurred in the 1987/88 which the tags are issued (GNWT). hunter. These hunts are subject to certain restrictions: the hunt must be season. The success rate varied from 30 Harvest of Polar Bears and Sport conducted under Canadian jurisdiction percent in 1979/80 to 91 percent in Hunting and guided by a Native hunter; 1985/86 (Lee et al. 1994) and has The hunting of polar bears is an transportation during the hunt must be averaged about 79 percent over the past important part of the culture and by dog sled; the tags must come from five seasons. The number of quota tags economy of indigenous peoples of the the community quota; and tags from used for sport hunting compared to the Arctic (PBSG 1995). A hunting season unsuccessful sport hunts may not be total known kill in the NWT averaged was first imposed in Canada in 1935. used again. Sport hunters typically 10.9 percent annually over the last five Hunting opportunities were restricted to select trophy animals, usually large seasons. TABLE 1.ÐSTATISTICS FOR POLAR BEAR SPORT HUNTING IN THE NWT FOR POPULATIONS IDENTIFIED AS SOUTHERN BEAUFORT SEA (SB), NORTHERN BEAUFORT SEA (NB), QUEEN ELIZABETH ISLANDS (QE), PARRY CHANNEL (PC), BAFFIN BAY (BB), GULF OF BOOTHIA (GB), AND FOXE BASIN (FB) 1993/94 season 1992/93 season Population No. killed No. killed (No. not Percent of Percent (No. not Percent of successful) total male successful) total SB ...... 3 (3) 9.7 67 1 (0) 2.7 NB ...... 2 (3) 8.1 100 1 (1) 5.4 QE ...... 0 (1) 1.6 ...... 1 (0) 2.7 PC ...... 26 (2) 45.2 85 22 (2) 64.9 BB ...... 5 (0) 8.1 80 2 (1) 8.1 GB ...... 7 (3) 16.1 86 4 (1) 13.5 FB ...... 5 (2) 11.3 40 0 (1) 2.7 Total ...... 48 (14) ...... 79 31 (6) ...... TABLE 2.ÐSUMMARY OF SPORT HUNT KILLS IN NWT Percent No. killed total sport Season Total sports (percent Known total hunt to hunt success) kill in NWT known kill in NWT 1989/90 ...... 60 48 (80) 537 11.2 1990/91 ...... 66 50 (76) 490 13.5 1991/92 ...... 48 39 (81) 549 8.7 1992/93 ...... 37 31 (84) 506 7.3 1993/94 ...... 62 48 (77) 432 14.4 Average ...... 55 43 (79) 503 10.9 There is substantial economic return opportunities for local hunters (GNWT) arrange for the hunt including the to the community from sport hunts. The and requires responsibilities in dealing acquisition of a hunting license and tag potential value of the ‘‘actual hunt cost’’ with non-Native clients. for the hunter. If the community has not in 1993/94 in Parry Channel for one Polar bear sport hunts for non- already decided what portion of its polar bear was $18,500 (US) with 80 residents are usually arranged through quota, if any, to designate for sport percent of the money staying in the an agent or broker. In general, the agent hunters, the HTO representative community. However, only a few or broker contacts the community’s presents all requests for sport-hunt tags communities currently take part in sport Hunters’ and Trappers’ Organization or at a community meeting. The hunts as it reduces hunting Associations or Committees (HTO) to community decides on the number of Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36387 tags to be designated for sport hunting. requested by the DRR officer are during tanning. When a tag is removed Then the fee for the tag is paid and the collected. Polar bear tags are metal, for tanning, it is returned to the owner tag is allocated to a specific hunter. The designed for one-time use, and stamped of the hide. tag cannot be resold or used by any with the words polar bear, an In 1991, the DRR developed a Game other non-resident hunter. In most cases identification number, and the harvest License System to track all licenses, polar bear tags for sport hunts are year. The identification number in permits, and tags issued by the retained by the DRR officer until combination with the harvest year Department. It is accessible from any provided to the hunter. In a few cases, identifies the community to which the area of the NWT. All eight Regional the tags are retained by the HTO who in tag was assigned. If a tag is lost prior to Offices complete a monthly vendor turn provide them to the hunters being affixed to a hide, the lost tag return which is entered into the system. (GNWT). number and other information as The vendor return contains all the required must be reported to the DRR licenses, permits, and tags that were Proposed Legal and Scientific Findings officer prior to issuance of a issued during that month. Reports and and Summary of Applicable replacement tag. In the event that the searches may be generated as needed. Information sport hunt is unsuccessful, the unused Canada also maintains a computerized Currently, only the NWT allows sport tag is destroyed. national polar bear harvest database. Up hunting of polar bear. Thus, the Service By regulation, as soon as practicable until quotas were established in 1967/ is proposing findings only for the NWT. after the bear is killed, a person must 68, harvest data were recorded provide the following information to a opportunistically. With the introduction A. Legal Take DRR officer in the community, or a of quotas, a large percent of the harvest 1. Proposed Finding person who has been designated by the was recorded and since 1977/78 all HTO and has the approval of a DRR harvests have been recorded. Should it The Service proposes to find that the officer: (a) The person’s name; (b) the be required, a polar bear trophy NWT has a management program that date and location where the bear was imported from Canada could be traced ensures a polar bear was legally taken killed; (c) the lower jaw or undamaged back to the individual who took the and to condition the permit as outlined post-canine tooth and, when present, lip bear. below. This program includes the use of tattoos and ear tags from the bear; (d) A NWT Wildlife Export Permit must hunting licenses; quota tags; DRR evidence of the sex of the bear; and (e) be obtained from a DRR officer prior to officers in communities; collection of and any other information as required. exporting wildlife, including polar bear biological samples from the trophy and Except where an officer verifies the sex parts. The hunter must show the collection of data from the hunter; a of the polar bear, the baculum (i.e., hunting license to obtain a NWT regulated tannery; a computerized penis bone) of the male polar bear must Wildlife Export permit. Polar bear parts tracking system for licenses, permits be provided for the purposes of may be exported from Canada with a and tags; and an export permit determining sex. If proof of sex is not Convention on International Trade in requirement to export the trophy from provided or an officer does not verify Endangered Species of Wild Flora and the NWT to other provinces and a the sex of the bear, the bear will be Fauna (CITES) export permit (see CITES permit system if the trophy is deemed to have been female for the discussion in section ‘‘D’’ below). The exiting Canada. This is all within the purposes of population trend/ tag, either removed for tanning or context of the laws, regulations, and co- modelling. removed at the time of export, needs to management agreements discussed Additional information, collected to be submitted with supporting earlier. complete a numbered Polar Bear Hunter documentation as required for obtaining For polar bears that are taken after the Kill Return form, includes: The a CITES export permit (GNWT). effective date of any final rule, the community where the hunt was based; B. 1973 International Agreement on the Service proposes to condition permits the polar bear population from which Conservation of Polar Bears upon the presentation of a copy of the the bear was harvested; the harvest NWT hunting license with tag number season in which the bear was taken; the During the 1950’s and 1960’s, there and a Canadian CITES export permit sex of the bear; the approximate latitude was a growing international concern for that identifies the polar bear by hunting and longitude of where the bear was the welfare of polar bear populations. license and tag number to a Service taken using a map or description of the The primary concern was that the inspector at the port at the time of location with geographical references; increased number of bears being killed import to satisfy the requirement of general comments on the physical could lead to endangerment of proof of legal take. For bears taken prior condition of the bear, including a populations. In 1965 the PBSG, to the effective date of any final rule, the measure of the fat depth; an indication comprised of biologists from the five Service proposes to require the of whether the bear was alone or part of nations with jurisdiction over polar applicant to provide with his/her a family group, including if the bear was bears (Canada, Denmark (for Greenland), application a certification from the a mother with cubs; the estimated age Norway, the United States, and the Department of Renewable Resources, class of the bear before the tooth was former Union of Soviet Socialist Government of the Northwest examined; the disposition of the hide; Republics), was formed under the Territories, that the polar bear was the hide value to the hunter; the auspices of the International Union for legally harvested and tagged, including hunter’s address and the hunter’s Conservation of Nature and Natural the name of the hunter and location and license number; the guide/outfitters Resources, now known as the World season the bear was taken. name; and the name of the DRR officer Conservation Union (IUCN). This group in the applicable community. was in large part responsible for the 2. Summary of Legal Take By NWT regulation, a licensed tanner development and ratification of the As described above, the agent or must needle stamp each hide or pelt International Agreement. It entered into broker usually obtains the hunting upon receipt so that the hide or pelt force in 1976 for a 5-year period, and in license and tag for the hunter. Once a may be identified as belonging to a 1981 was reaffirmed for an indefinite polar bear is taken, the tag is affixed to specific customer. Polar bear tags are period. Greenland later was provided the hide and biological samples not intended to remain on the hide recognition through ‘‘Home-rule’’ 36388 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules although the Government of Denmark denning areas or are in dens. At this by managers and user groups since the maintained its role in affairs of time, the Service proposes not to Agreement came into effect in 1976.’’ international scope. approve the Southern Hudson Bay, the The GNWT pointed out that the most The International Agreement unites NWT population that is shared with important point to note is that polar nations with a vested interest in the Ontario, since Ontario has no provisions bear tags allocated for guided sport Arctic ecosystem in supporting a in place to protect females with cubs, hunting are part of the normal allocation biologically and scientifically sound their cubs, and bears in dens. The to the community and are not added to conservation program for polar bears. It following discussion outlines the the total (GNWT). Although the is a conservation tool that provides applicable requirements of the language of the International Agreement guidelines for management measures for International Agreement as it relates to does not limit the amount of sport polar bears. It defines prohibitions on sport hunting and management of polar hunting within a country’s national the taking of polar bears as well as the bear in the NWT. methods of taking, and identifies action territory, Canada used the term ‘‘token’’ items to be addressed by the signatories, 2. Taking and Exceptions in its declaration. Thus, for purposes of including protection of polar bear Article I of the International issuing import permits for sport-hunted habitat and conducting polar bear Agreement prohibits the taking of polar polar bear trophies taken in Canada, the research. The International Agreement bears, including hunting, killing, and Service proposes to approve only is not self-implementing and does not in capturing. Article III establishes five populations where sport-hunting for the itself provide for national conservation exceptions to the taking prohibition of previous harvest season is ‘‘token’’, i.e., programs. Each signatory nation has Article I as follows: (a) for bona fide not to exceed 15 percent of the NWT implemented a conservation program to scientific purposes, (b) for conservation total quota. This proposed percentage is protect polar bears and their purposes, (c) to prevent serious based on the history of use, where environment (USFWS 1995). Since disturbance of the management of other typically 10 to 15 percent of the annual implementation and enforcement of the living resources, (d) by local people quota is used by sport hunters (GNWT). International Agreement is the using traditional methods in the Baur (1993) stated, ‘‘The final responsibility of each signatory, exercise of their traditional rights and in different interpretations have resulted in accordance with the laws of that Party, exception, which allows for taking a diversity of practices in managing and (e) wherever polar bears have or ‘wherever polar bears have or might polar bear populations (Prestrud and might have been subject to taking by have been subject to taking by Stirling 1995). traditional means by its nationals. traditional means by its nationals’ is the The main purpose of the PBSG is to Article III does not specifically most difficult to interpret.’’ One promote cooperation between exclude sport hunting from the taking possible interpretation would be that jurisdictions that share polar bear prohibition. However, Mr. Curtis only ‘‘nationals’’ of a country could take populations, coordinate research and Bohlen, head of the U.S. delegation at polar bears within that country’s area of management, exchange information, and the 1973 negotiations of the traditional taking. Under this monitor compliance with the International Agreement, clarified to the interpretation it would be illegal for International Agreement. At the 1993 Service (pers. comm. 1995) that sport U.S. citizens to hunt polar bears outside PBSG polar bear meeting it was stated, hunting was not precluded and that the the United States. The 1975 ‘‘Overall, it seemed that all countries U.S. position, which was generally Environmental Assessment in support were complying fairly well to the intent, agreed to by all, was that sport hunting of U.S. Senate ratification of the if not necessarily the letter of the could occur if the national territories International Agreement supported this could be defined so the Arctic Ocean Agreement’’ (PBSG 1995). Prestrud and interpretation. However, Baur wrote that could become a sanctuary. Canada Stirling (1995) concluded that the there is no support in the background influence of the International issued a declaration at the time of documentation leading up to the Agreement on the circumpolar ratification of the International development of polar bear conservation Agreement to clarify that it regards the International Agreement to support this has been significant and polar bear guiding of sport hunters by aboriginal view. populations are now reasonably secure people, within conservation limits, to be Baur (1993) suggested that the best worldwide. allowed. The declaration states, ‘‘The interpretation of this exception has to Government of Canada therefore do with the intent of all IUCN drafts to 1. Proposed Finding interprets Article III, paragraph 1, establish a taking prohibition outside of The Service proposes to find that the subparagraphs (d) and (e) as permitting national territories, with particular NWT has a monitored and enforced a token sports hunt based on reference to the ‘‘high seas’’. The Parties sport-hunting program that is consistent scientifically sound settlement quotas as chose to define a sanctuary area for with the purposes of the International an exercise of the traditional rights of polar bears in the Arctic Ocean by Agreement as required by the 1994 the local people.’’ Based on the clause limiting the area within which taking Amendments under certain conditions. ‘‘in accordance with the laws of that could occur to those where hunting by For the reasons discussed below, the Party,’’ Canada declared that the local traditional means occurred. Since such Service proposes to approve only people in a settlement may authorize hunting was conducted mostly by populations where the sport hunt for the the selling of a polar bear permit from Natives by ground transportation (e.g., previous year did not exceed 15 percent the quota to a non-Inuit or non-Indian of the total quota for the NWT. hunter, provided the hunt is conducted dog teams, snow mobiles, etc.), the area Currently, all populations in the NWT under the guidance of a Native hunter affected seldom reached into the areas meet this requirement (Table 2). The and by use of a dog team, and is commonly understood to be ‘‘high seas’’ Service also proposes to approve only conducted within Canadian jurisdiction. (Baur 1993). The Service agrees with populations where provisions are in When the Service queried the GNWT this interpretation for this exception in place to protect females with cubs, their for clarification of the term ‘‘token’’ the International Agreement and notes cubs, and bears in denning areas during sport hunt, they said that the term that Canada allows sport hunting within periods when bears are moving into ‘‘* * * has not been discussed further this interpretation (GNWT). Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36389 3. Protection of Habitat and reach their destinations. Aircraft, snow during periods when bears are moving Management of Polar Bear Populations: machines, and boats are sometimes used into denning areas or are in dens. The Service proposes to find that the Article II of the International to transport equipment, hunters, and NWT meets these requirements as Agreement provides that Parties: (1) dogs to base camps which can be a great females with cubs-of-the-year and bears Take ‘‘appropriate action to protect the distance from the community. The hunt in dens are protected by Territorial ecosystem of which polar bears are a continues from the base camp by dog regulations. In addition, females with part’’; (2) give ‘‘attention to habitat team. yearlings and yearlings are protected, components such as denning and Canada does not interpret and, in some areas, females with 2-year- feeding site and migration patterns’’; transportation by air or other motorized old cubs are also protected. However, and (3) manage polar bear populations vehicle to a place where the hunt begins as a violation of Article IV of the the Service proposes not to approve the in accordance with ‘‘sound conservation Southern Hudson Bay population that is practices’’ based on the best available International Agreement (GNWT). The Service agrees with this interpretation. shared with Ontario, since that province scientific data (Baur 1993). It was has no such protection in place. suggested at the 1993 PBSG meeting that Baur (1993) explained that Article IV of the International Agreement ‘‘followed Importation of Pregnant or Nursing Canada may be in non-compliance with Animals. The MMPA has a more parts of the International Agreement. strong opinion that the hunting of polar bears with aircraft should be stopped, stringent requirement than the There was some discussion of whether Resolution on Special Protection Canada is using sound conservation and, furthermore, that the prohibition against the use of large motorized Measures of the International practices in managing polar bears since Agreement discussed above. Section some populations are thought to be vessels for taking was directed at the practice, which was particularly 102(b) prohibits the import of any over-harvested. Canada noted, however, marine mammal, except under a permit common in the Spitsbergen area, of that their management system allows for for scientific research or enhancing the hunting bears from vessels of 100 feet or the reduction of quotas in response to a survival or recovery of a species or longer.’’ decline resulting from over-hunting. stock, if such marine mammal was ‘‘(1) The NWT is currently working with 5. The Prohibition on Taking Cubs and pregnant at the time of taking; (2) local communities to reduce quotas in Females With Cubs nursing at the time of taking, or less those jurisdictions where recent than eight months old, whichever At the 1973 Conference, the Parties to population data suggests an over- occurs later; (3) * * *; (4) taken in a the International Agreement adopted a harvest. manner deemed inhumane by the non-binding ‘‘Resolution on Special It was also discussed that the selling Secretary.’’ Number 4 was included to of hides resulting from polar bears Protection Measures’’ to take steps to: address the issue of whether the taking killed in self-defense violates Article II (a) Provide a complete ban on the of a mother if she had cubs would be of the International Agreement. Canada hunting of female polar bears with cubs inhumane since the cubs probably noted that all polar bears killed in and their cubs and (b) prohibit the would not be able to survive without defense of life are subtracted from the hunting of polar bears in denning areas her. These prohibitions were part of the local quota so the sale is not a during periods when bears are moving law passed in 1972 and have been conservation threat (PBSG 1995). into denning areas or are in dens. In applied to all import permits. Since adopting this resolution, the Parties Congress did not specifically exclude 4. Prohibition on the Use of Aircraft and recognized the low reproductive rate of Large Motorized Vessels polar bear import permits from the polar bears and suggested that the prohibition of 102(b), the Service has Article IV of the International measures ‘‘are generally accepted by considered them in this notice. Agreement prohibits the use of ‘‘aircraft knowledgeable scientists’’ to be ‘‘sound The Service has noted two timeframes and large motorized vessels for the conservation practices’’ within the when it might be difficult to ensure that purpose of taking polar bears * ** meaning of Article II. While the these provisions are met. In viewing the except where the application of such prohibitions in the Resolution are life history of polar bears, during the prohibition would be inconsistent with considered to be important to the month of October it would not be domestic laws.’’ signatory nations, they are not terms of possible to know if the bear was It is illegal in Canada to hunt polar the International Agreement itself and pregnant. In the section on bears from aircraft for either sport or are not legally binding (Baur 1993). At Reproduction and Survival above, local hunting. Aboriginal guides and the 1993 PBSG meeting the resolution information was presented that polar sport hunters must conduct their hunt was discussed but no agreement was bears become implanted in late by dog team or on foot. (It should be reached over the interpretation of September and usually start building noted that non-sport hunters may travel whether females with their cubs and dens in late October and early and hunt polar bears by 3-wheel ATV cubs are specially protected under the November. In some part of the NWT the (all-terrain vehicles), snowmobile, and Agreement (PBSG 1995). harvest season does not open until boats under 15 meters. There was some Although the Service recognizes that December 1, in which case any pregnant discussion, but no resolution, at the the resolution is not binding, the 1994 bears would be protected. But in other 1993 PBSG meeting on whether the Amendments require the Service to areas the harvest season starts October extensive use of snowmobiles in Canada make a finding that Canada’s 1 and pregnant females would be and Alaska to hunt polar bears by native management program is consistent with available to be taken. Second, polar bear peoples complied with the International the purposes of the International cubs nurse until they are approximately Agreement (PBSG 1995). However, Mr. Agreement. The resolution clearly falls 2.0 to 2.5 years of age at which time Curtis Bohlen clarified that within the purposes of sound they are about the same size as the snowmobiles were normally used by conservation practices of Article II. mother. Polar bear cubs nearing the time natives in Canada and Alaska and were Thus, the Service proposes to approve when they are weaned would be considered traditional (pers. comm. only populations where provisions are difficult to identify. 1995).) Access to the communities is by in place to protect females with cubs, The Service looked at various options air only, so sport hunters must fly to their cubs, and bears in denning areas to ensure that the requirements of 36390 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules Section 102(b) are met prior to issuing The Service found in reviewing the Although the GNWT has told the a permit for the import of polar bear information that Canada has a dynamic Service that the two populations with trophies taken in the NWT. The Service management program for polar bears uncertain data (Parry Channel/Baffin invites comments on the following which includes research, monitoring Bay and Foxe Basin) have ongoing options: (1) Have the NWT certify that programs, enforcement, and research they believe will support a at the time of take the bear was not coordination with other nations. The finding that the current quota ensure pregnant, was not a nursing cub, and NWT administers the bulk of the sustainable populations, the Service was not a mother with cubs based on program through a system of co- notes that any person who hunts in a information presented to the DRR management that involves the non-approved population is taking a officer; (2) condition the import permit indigenous people. The NWT polar bear risk that he/she may never be able to that the permittee must certify at the program has been shown to be an legally import the polar bear into the time of import that at the time of take evolving program in the interest of United States. If a U.S. resident hunts a a female bear was not pregnant or a conserving polar bear populations. polar bear in a population that is not mother with cubs, and a young bear was approved for import, the Service 1. Proposed Finding not nursing; and/or (3) include issuance proposes to issue an import permit only criteria that permits would not be issued Based on information as summarized if the Service finds, based on new data for female bears taken during the month in this Federal Register notice, the from the NWT, that the total harvest for of October and bears taken while in Service proposes to find that the that harvest season and the average of family groups. At this time, the Service Northwest Territories in Canada has a the three preceding harvest seasons was prefers the first option and so has sport-hunting program that is based on sustainable for the affected population proposed language for it. However, the scientifically sound quotas ensuring the and a management agreement(s) was in Service invites comments on the three maintenance of the affected population place with Greenland and/or a options presented. It should be noted stock at a sustainable level for all province(s) that shares the population that this provision applies to all polar populations, provided the status of each with the NWT. bear to be imported, including ones population is maintained as stable or 2. Inventory taken prior to the 1994 Amendments. increasing for the last harvest season and the average of the three preceding It is difficult and expensive to C. Scientifically Sound Quotas and harvest seasons, and a joint management determine population trends for polar Maintenance of Sustainable Population agreement(s) is in place that ensures the bears since they are distributed over Levels sustainability of the total harvest in a vast areas in the Arctic environment. A The NWT manages polar bear with a shared population. minimum of 3 to 5 years of research is quota system based on inventory The Service proposes to approve the needed to gain a reliable population studies, sex ratio of the harvest, and following populations in the NWT estimate, and studies need to continue population modeling using the best where current data show that the status for 10 to 20 years to detect significant available scientific information. The of the population has been maintained changes (Prestrud and Stirling 1995). rationale of the polar bear management as stable or increasing for the last Each population in the NWT is assessed program is that the human caused kill harvest season and the average of the by a periodic population inventory done (e.g., harvest, defense, or incidental three preceding seasons: Southern on a rotational basis. The time required kills) must remain within the Beaufort Sea, Northern Beaufort Sea, to sequentially assess all 12 populations sustainable yield, with the anticipation Viscount Melville Sound, Gulf of and then begin the process over again is of a slow increase in number for any Boothia, M’Clintock Channel, and projected to be 20 years. population. Each population is unique Western Hudson Bay. The first part of the inventory process in terms of both ecology and The Service proposes not to approve identifies the geographic boundaries of management issues, and baseline populations where current data show each population. Boundaries, initially information ranges from very good in that the take for the last harvest season proposed based on land forms, sea ice some areas to less developed in others. and the average of the three preceding dynamics, and reconnaissance surveys, But overall, polar bear populations in seasons has exceeded the quota to such have been refined by scientific research Canada are considered to be healthy extent that Canada classifies the status data on the movements of individual (GNWT). of the population as declining. bears through the use of mark-recapture, Congressman Jack Fields stated in the Currently, this includes the two mark-kill data from the harvest, radio House of Representatives floor debate populations with uncertain data, Parry tracking, and satellite telemetry. on the 1994 Amendments that ‘‘. . . it Channel/Baffin Bay and Foxe Basin. Research on population boundaries is is not the intent of the language that the The Service also proposes not to ongoing. Secretary [of the Interior] attempt to approve the following populations that The second part of the inventory impose polar bear management policy are shared by the NWT with Greenland, process is to estimate the size of a or practices on Canada through the Quebec, Ontario, or Newfoundland and population. The basic principle behind imposition of any polar bear import Labrador: Queen Elizabeth Island, Parry the use of mark-recapture and mark-kill criteria’’ (140 Cong. Rec. H2725, April Channel/Baffin Bay, Foxe Basin, Davis data in wildlife management is that 26, 1994). The Service agrees that the Strait, and Southern Hudson Bay. The given a known number of identifiable intent of the Amendments was not to Service understands that currently there animals, the rate at which those animals change Canada’s management program, are no management agreements between are recaptured or killed provides an but to ensure ‘‘* * * sport hunting of the NWT and Greenland or the listed assessment as to the size of the polar bears does not adversely affect the Provinces to ensure that the total population. By regulation, lip tatoos or sustainability of the country’s polar bear harvest in these populations are ear tags, applied to polar bears in the populations and that it does not have a sustainable. course of population inventories, must detrimental effect on maintaining those The Service is concerned that U.S. be submitted to the DRR at the time of populations throughout their range’’ residents may continue to take polar harvest of the bear. In addition, the sex (Committee Report, H.R. Rep. No. 439, bears in populations that have not been and age structure of the harvest is 103d Cong., 2d Sess. 34 (1994)). approved if the proposal is adopted. monitored. Changes in the sex and age Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36391 of the harvest over time provide insight parameters for estimating sustainable of females killed, and the calculated into whether the population may be harvest are population numbers and sustainable harvest for the last harvest increasing or declining. Should mark- adult female survival rate (Taylor et al. season and averaged over the last three kill data, information from the 1987a). As a result of sampling biases in and five seasons. Based on this monitoring program, or reports from the available data which affected the information, the status of the population local hunters indicate a problem with a value of the analysis, the detailed is designated as increasing, stable, or particular population, the period analysis was simplified to contain only decreasing, represented by the symbols between assessments could be the most important features. One such ‘‘+’’, ‘‘O’’, ‘‘¥’’. The population status is shortened depending on the availability simplification involved the use of expressed simply as the difference of research resources. pooled best estimates for vital rates for between the calculated sustainable all Canadian polar bear populations. Data from ongoing research is harvest and the kill. For example, the Using the pooled best estimates for vital incorporated into management practices calculated sustainable harvest for the rates, the polar bear harvest model as appropriate. The results of studies on Southern Beaufort Sea 1993/94 harvest which management of this species is indicated that the sustainable harvest season was 81.1. Since the total kill was based have been published in reports, (H) of a population could be estimated 64, the harvest of polar bears in the conference proceedings, and refereed as: Southern Beaufort Sea did not exceed scientific journals. H=N (0.015/Pf), the sustainable yield. Therefore, the where N is the total number of 3. Calculation of Sustainable Harvest population had the potential to increase. individuals in the population and Pf is In contrast, the Foxe Basin (FB) kill The GNWT manages polar bears the proportion of females in the harvest under the assumption that the polar measured directly from the harvest exceeded the sustainable harvest, thus bear populations are experiencing returns. The formula can also be the population status is represented as maximal (e.g. no density effects) modified for populations with different declining. It should be noted that the recruitment and survival rates. The renewal rates and, if new information status as outlined in the table allows for estimated sustainable rate of harvest is becomes available, on birth and death a difference of up to 3 bears between the then the maximum sustainable harvest. rates (GNWT). kill and the calculated sustainable Based on a model developed Table 3 provides vital information on harvest. Thus, in the Gulf of Boothia, cooperatively between all jurisdictions each population including the where the harvest in the 1993/94 season managing polar bears, it was population estimate, the total kill exceeded the quota by 2.3 bears, the demonstrated that the two most critical (excluding natural deaths), percentage status is considered to be stable. TABLE 3.ÐPOPULATION STATUS FOR CANADIAN POLAR BEAR POPULATIONS INCORPORATING HARVEST STATISTICS FROM 1989/90 TO 1993/94 [The populations are identified as follows: Southern Beaufort Sea (SB), Northern Beaufort Sea (NB), Viscount Melville (VM), Queen Elizabeth Is- lands (QE), Parry Channel (PC), Baffin Bay (BB), Gulf of Boothia (GB), M'Clintock Channel (MC), Foxe Basin (FB), Davis Strait (DS), West- ern Hudson Bay (WH), and Southern Hudson Bay (SH). The percent females (%/) statistic 1 does not include bears of unknown sex except for Labrador (1991/92 and 1992/93) and Greenland (all 5 years). Harvest statistics include all reported human-caused mortality of polar bears. Natural deaths are not included.] 5-year average 3-year average Current year (1993/94) (1989/90±1993/94) (1991/92±1993/94) Pop. Reliability* Population Pop.2 Sustain- status** estimate and S.E. Sustain- Sustain- / Kill (%/) able har- Kill (%/) able har- Kill (% ) able har- (5yr/3yr/1yr) vest 3 vest 3 vest 3 SB ...... 6 1800 Good ...... 60.4 (39.6) 68.2 66.0 (39.5) 68.4 64 (32.2) 81.1 +/+/+ NB ...... 1200 Good ...... 32.2 (49.4) 36.4 30.0 (45.5) 39.6 16 (50.0) 36.0 +/+/+ VM 4 ...... 230 Good ...... 5.2 (45.8) 1.2 2.0 (83.3) 0.7 2 (50.0) 1.1 ¥/0/0 QE ...... 200 Poor ...... 10.6 (32.1) 9.0 9.7 (24.1) 9.0 11 (29.3) 9.0 0/0/0 PC±BB ..... 6 2470 Fair ...... 197.0 (30.7) 111.3 199.3 (31.5) 111.3 200 (31.9) 111.3 ¥/¥/¥ (Data uncertain) GB ...... 900 Poor ...... 37.8 (40.4) 33.4 38.7 (36.5) 37.0 36 (40.0) 33.7 ¥/0/0 MC ...... 700 Poor ...... 30.4 (40.3) 26.1 27.3 (33.7) 31.2 24 (33.3) 31.5 ¥/+/+ FB 5 ...... 2020 Good ...... 128.6 (40.8) 74.3 125.0 (41.7) 72.7 100 (48.5) 62.5 ¥/¥/¥ DS ...... 6 1400 Fair ...... 55.0 (41.6) 50.5 58.0 (38.2) 55.0 58 (36.2) 58.0 ¥/0/0 WH ...... 1200 Good ...... 44.8 (32.1) 54.1 41.3 (27.6) 54.1 32 (40.6) 44.3 +/+/+ SH ...... 1000 Fair ...... 59.0 (32.5) 45.0 51.0 (36.2) 41.4 45 (33.3) 45.0 ¥/¥/0 Total 6 .... 13120 ...... 661.0 509.5 648.3 520.4 588 513.5 *Good: Minimum capture bias, acceptable precision; Fair: Capture bias problems, precision uncertain; Poor: Considerable uncertainty, bias and/or few data. **A difference of up to 3 bears between the kill and sustainable harvest statistics was considered to be no change in status. ( ¥ = decrease 0 = no change + = increase) Notes: 1 The percent of killed bears that are females is not regulated by law in all populations, but rather % Females is specified as a target in many of the Local Management Agreements. 2 Local Management Agreements now exist for all populations except QE. These agreements are reviewed periodically as new information be- comes available. 3 Except for the VM population, the sustainable harvest is based on the sex ratio of the harvest, the population estimate (N) for the area and the estimated rates of birth and death (Taylor et al. 1987): Sustainable Harvest = (N x 0.015) Proportion of Harvest that were Females. Unpublished modelling indicates a sex ratio of 2 males to 1 female is sustainable, although the mean age and abundance of males will be re- duced at maximum sustainable yield. Harvest data (Lee and Taylor, in press) indicates that the harvest is typically selective for males. 36392 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 4 The rate of sustained yield of the VM population is one sixth that of the other populations because of lower cub and yearling survival, and lower recruitment. The projected proportion of the harvest that are females is 15% based on the intention to take only males. A 5-year voluntary moratorium on harvesting bears in the VM population began in 1994/95. 5 Communities that harvest from the FB population have agreed to a phased reduction in quota. The final harvest level will be 91 bears or the sustainable yield as determined by subsequent population estimates by 1997. 6 Totals refer to the sum of the all populations within or shared with Canada. Polar bears are a long-lived and late Since the population quota is based, harvest is unknown. In 1968 when the maturing species that have a low annual in part, on the sex ratio of the harvest, NWT started to set quotas, the size of recruitment rate. Their life history Local Management Agreements have polar bear populations on which to base strategy is a reliance on a constantly been developed with the intention to sustainable quotas was largely high adult survival rate and stable limit the female kill by prescribing a unknown. Quotas were introduced on recruitment. Consequently polar bears harvest sex ratio of two males for each an interim basis, based on previous are particularly vulnerable to over- female. Some communities have the sex harvest records for each community. harvest. Conservation management and ratio as a target and others have it as a After the late 1970’s, quotas were comparisons with other long-lived regulation. For both situations, the kill increased on the basis of new scientific species suggest that noncompensatory of female polar bears has exceeded the information for each population harvest models are most appropriate for annual sustainable yield in some (Prestrud and Stirling 1995). Quotas polar bears (Taylor et al. 1987). communities in some years. The DRR is A common technique in wildlife seeking resolution to this problem continue to undergo adjustments based management is to increase harvest of including the development of on new information. males as a means of increasing conservation education materials in an Presently, the calculated sustainable sustainable yield and conserving the effort to reduce take of females due to harvest for each population represents reproduction potential of the misidentification of sex. A booklet on the population quota. Therefore, the population. Specific modeling has how to distinguish between males and quota allocated is specific to each shown that the sex ratio of the polar females was revised to incorporate population. A quota allocated for one bear harvest is a critical factor in suggestions from hunters, and posters population cannot be used in another calculating the sustainable yield of polar were produced to encourage hunters to population. Quotas are not carried over bear populations (Lee et al. 1994). A select for males. In addition, a revised from one year to the next. Typically, the selective harvest quota based on a one-tag system referred to as the population quotas and a summary of harvest ratio of two males to one female ‘‘Flexible Quota Option’’ has been previous years’ harvest data for each can be 50 percent higher than an developed by the DRR, based on the population is presented on an annual unselective one (GNWT). Mating in number of female bears that can be basis to the PBTC. A summary of the bears is promiscuous and recruitment is taken annually. This system requires primarily a function of the number of population status for Canadian polar adoption into regulation prior to bear populations incorporating harvest adult females (Taylor et al. 1987). implementation (GNWT). When the sex-selective harvest model Little is known about density- statistics is provided in Table 3. The was presented at the 1993 PBSG dependent population regulation in reliability and standard error of each meeting, there were concerns raised. bears, including polar bears (Taylor et population estimate are expressed in One was the difficulty of accounting for al. 1994). The current data are qualitative (i.e., Good, Fair, or Poor) compensation in the model if more insufficient to determine if the rather than quantitative terms because females were taken. Also, there was mechanism is mainly nutritional, of bias in the population estimate as a concern that if the population model mainly social, or a combination of social result of sampling problems. The DRR was incorrect or if ecological conditions and nutritional. To study density effects expects that quantitative terms will be changed substantially, there would be a on polar bears would be a long term used in future status reports as delay of many years before managers proposition and very expensive due to population inventories are completed. would realize that the predictions of the the slow growth rates, high All human caused mortality is model were incorrect. Some felt this environmental variability, and subtracted from the quota, including delay was too high a risk for use as a behavioral plasticity of the species. The polar bears killed in sport hunts, taken management tool (PBSG 1995). The NWT has placed its emphasis on in defense of life or property, or shot NWT’s DRR is aware of the concerns conservation rather than maximization and is currently conducting a illegally, as well as accidental deaths of yield. Their intention is to ensure the from research studies. Occasionally the comprehensive risk analysis to consider conservation of existing stocks with quota is exceeded due to unexpected all sources of uncertainty. It will be good data and management before doing defense kills, mistakes, or illegal kills. used to examine the inventory rotation more experimental work. They believe period and the current standards for the need for information on density Typically an over-harvest is deducted precision in the estimates of population effects will increase as populations from the following year’s quota as a size. In addition, they continue to slowly increase under the current correction. Any tags identified for a monitor information on number, sex, management system. They anticipate sport hunt cannot be re-issued later if and age of most polar bears harvested. that their periodic inventory and the hunter does not harvest a polar bear. Any over-harvest or significant change subsequent management changes will Every unused tag from a sport hunt in the population due to natural provide information on how polar bear reduces the impact of the harvest on the ecological reasons likely would be populations respond to various density affected polar bear population. To date, detected. In addition, local hunters are levels over the long term (GNWT). sport hunting accounts for about 10 to familiar with the relative abundance of 15 percent of the annual quota, with 4. Quota polar bears in their areas and would about 80 to 90 percent of the quota tags notice significant increasing or The recorded annual kill of polar being used as a result of a successful decreasing trends in polar bear bears in Canada tripled during the hunt (GNWT). numbers. 1960’s. The size of the unrecorded Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36393 5. Status of Populations the Service hunting polar bears; protection of all have been conducted at intervals since Proposes to Approve bears in dens or constructing dens, the early 1970’s. Boundaries of the Southern Beaufort Sea (SB). The pregnant females, cubs, and females population have been determined using estimated population is 1,800 and is with cubs; a management system to telemetry and recovery of tagged bears. considered to be conservative. Mark- regulate the number of polar bears An ongoing study is examining the recapture and studies of movements harvested and to ensure compliance possibility that this population extends using telemetry, conducted semi- with harvest limit allocations; a further north than the data previously continuously since the late 1960’s in reporting system to collect critical indicated. The population data is rated Alaska and the early 1970’s in Canada, information from harvested polar bear; as good. Table 3 shows the status of the have determined the boundaries of this and protection of important polar bear population as increasing based on the 5- population. The population data is rated habitat. year and 3-year average of harvests and The initial annual harvest quota for as good. Table 3 shows the status of the the 1993/94 harvest. Of the 16 bears the Southern Beaufort Sea population population as increasing based on the 5- taken in last year’s harvest, 50 percent was set at 38 bears each in Canada and year and 3-year average of harvests and were females. Guiding of sport hunters Alaska. The hunting season in the NWT the 1993/94 harvest. Of the 64 bears occurs on a limited basis. Only 2 to 3 area is December 1 to May 31, timing taken in last year’s harvest, 32.2 percent sport hunts occurred in the last two limitations which protect pregnant were females. The population estimate years. females prior to denning. In Alaska the Viscount Melville Sound (VM). The is currently under review. Guiding of season for harvest by Alaska Natives is population estimate of 230 polar bears sport hunts occurs on a limited basis in September 1 to May 31, a timing that is believed to be unbiased. A 5-year the Canadian portion of the population. does not contain the same protection. mark-recapture and telemetry study of The number of sport hunts for the last However, both Parties have agreed that movements and population size was two seasons was 6 and 1, respectively all bears in dens or constructing dens completed in 1992. Boundaries of the (GNWT). are protected and family groups made population were based on observed This population is shared between the up of females and cubs-of-the-year or movements of female polar bears. In the jurisdictions of the United States yearlings are protected. During the first mid-1970’s when the original quotas (Alaska) and Canada (NWT and Yukon harvest (1988/89) under the were allocated, this population was Territory). In Alaska polar bears are only management agreement take in Alaska thought to be large and productive. This taken for subsistence and handicraft exceeded the guidelines by 20, while area, however, has poor seal habitat and purposes by Alaska Natives. Harvest of the harvest in Canada was below the the productivity of polar bears was bears on either side of the international allocation. However, the harvest during lower than expected. Harvesting polar border affect the entire population. It the next three seasons were less than bears at the initial quota levels caused should be noted that the Beaufort Sea allocation guidelines in both Alaska and the number of bears in the population boundary remains an issue of dispute Canada. It is believed that the reduced to drop, especially males. Recent between the United States and Canada, take by the second harvest season was research has shown this population to as noted in the results of the Ottawa due to extensive efforts to distribute have an annual recruitment rate less Summit. The United States views the information on the management than previously believed. Residents of Canadian jurisdiction to end at the agreement. In addition, there has been a this area have agreed to a moratorium equidistant line and no bears should be general trend in Alaska to harvest fewer on polar bear hunting in this population taken west of that line. To date, no family groups (USFWS 1995). until the year 2000. The placement of international agreements between The population is also shared by the this moratorium on hunting is an governments on the management of Yukon Territory where the legal basis example of how Canada is effectively specific populations of polar bears have for regulating polar bears is the Wildlife administering its polar bear program been signed. However, in January 1988, Act, 1981. Currently there are no based on current scientific information. a management agreement for polar bears residents of the Yukon harvesting polar It is anticipated that when the data in the Southern Beaufort Sea was signed bears as the people all moved to the shows that harvest activities can by representatives of the Inuvialuit NWT. The Yukon wishes to retain its resume, there will be an annual quota of Game Council (IGC) in the Northwest management system in case the 4 males. Territories and the Fish and Game aboriginals return to the Yukon coast Gulf of Boothia (GB). Currently this Management Committee of the North and harvest polar bears. There is a total population is estimated at 900 animals. Slope Borough (NSB) in Alaska (USFWS quota of six tags which is currently on A population estimate of 333 polar bears 1995). Although the agreement is not loan and included in the NWT’s quota. was derived from a limited research legally binding on the Canadian or U.S. The Service proposes to approve the program of mark and recapture Government, it is signed by both groups Southern Beaufort Sea population with restricted to the western coastal areas. It and continues to be successful overall the provisions that: (1) No bears be was increased to 900 based on the (Prestrud and Stirling 1995). The taken by sport hunting west of the information from local Inuit hunters and agreement is a precedent-setting equidistant line of the Beaufort Sea; (2) an estimate of bears in the central and example of how Native groups can the management agreement for polar eastern portions of the area that had not successfully manage traditional harvest bears in the Southern Beaufort Sea been sampled, but was collaborated by practices through self-regulation. The between the IGC and NSB remains in studies in the adjoining populations. agreement has management restrictions effect; and (3) the Yukon Territory quota Although the 900 animal estimate has that are consistent with the remains with the NWT or a joint no statistical level of precision, International Agreement, and that are in management agreement is in place with managers believe it to be more accurate some part more stringent than the scientifically sound quotas. than the previous estimate. The MMPA. The agreement, among other Northern Beaufort Sea (NB). The population data are limited and rated as things, calls for establishing harvest population estimate of 1,200 polar bears poor. The boundaries are supported by limits based on the best available is believed to be unbiased and may be studies conducted in adjacent areas. The scientific evidence; prohibition on the conservative. Mark-recapture and status of the population was stable at use of large vessels or aircraft for studies of movements using telemetry the 3-year average harvests and the 36394 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 1993/94 harvest. Of the 36 bears taken reserve by Manitoba for the control harvests and the 1993/94 harvest. Of the in last year’s harvest, 40 percent were program and accidental deaths 11 bears taken in last year’s harvest, females (Table 3). More comprehensive associated with the research program. 29.3 percent were females. Only one research is planned for this population The remaining 19 are currently on loan sport hunt occurred during each of the within the next 5 years, including and included in the NWT total quota past two seasons. A Local Management reassessment of the size of the (GNWT). This does not mean that there Agreement has not been finalized for population. The number of sport hunts is a total ban on hunting polar bears in this population. In addition, this guided for the last two seasons was 10 the future. The Minister can authorize population is shared with Greenland and 5, respectively. the taking of bear for any purpose ‘‘not although the movement of polar bears M’Clintock Channel (MC). A 6-year contrary to public interest.’’ The current between the NWT and Greenland is mark-capture population study was policy is that no person will be granted thought to be small in this population conducted in the mid-1970’s. The a permit to hunt polar bear until it is (see Parry Channel/Baffin Bay below). population was estimated to be 900 established there is a harvestable Parry Channel (PC) and Baffin Bay polar bears. Local hunters advised that surplus over conservation needs of the (BB). This area is being considered as a 700 might be a more accurate estimate. population that takes into account unit as it is unclear what fraction of the Under a Local Management Agreement political and scientific concerns (Calvert Greenland harvest was from either Parry between Inuit communities that share et al. 1995). Channel or Baffin Bay populations. this population, the harvest quota for The Service proposes to approve this Information on the amount of exchange this area has been revised to levels population with the provision that a between these populations in Canada expected to achieve slow growth based management agreement between the and Greenland is important for on the more conservative population NWT and Manitoba is in effect with management since polar bears are estimate of 700 polar bears. The scientifically sound quotas to ensure the harvested by communities in both boundaries are supported by recoveries total harvest in this population is countries. The current population of tagged bears and movements sustainable. estimate of 2,470 polar bears is documented by telemetry in adjacent considered preliminary and 6. Status of Shared Populations the areas. Table 3 shows the status of the conservative. It was obtained by pooling Service Proposes Not To Approve population as increasing based on the 3- the previous estimates for Lancaster year average and the 1993/94 harvest. Of All of the following populations are Sound (1,657, increased to 2,000, based the 24 bears taken in last year’s harvest, shared with either Greenland or another on sampling bias in the original studies 33 percent were females. Canadian province or both, and do not that could have resulted in an Western Hudson Bay (WH). The have formal agreements as to how the underestimate of the population) and population estimate of 1,200 is believed portion of the population outside the NE Baffin (470) populations with the to be conservative as a portion of the NWT will be managed. Management assumption that a distinct population southern range has not been included in agreements drafted in 1994 for the Davis for west Greenland would not be found. the mark-recapture program. Research Strait, Foxe Basin, and Southern The population data is rated as fair. The programs on the distribution and Hudson Bay populations attributed to status of the population as shown in abundance of the population have been NWT communities the existing, Table 3 is decreasing for the 5-year and conducted since the late 1960’s, with 80 unchanged harvest levels and 3-year average of harvests and the 1993/ percent of the adult population marked. documented for Ontario, Quebec, 94 harvest. Last season’s harvest was Mark-recapture studies and return of Newfoundland and Labrador, and 200 bears (31.9 percent females). Most tags from bears killed by Inuit hunters Greenland the current known annual sport hunting has occurred in Parry have provided extensive records. The harvest. Following completion of Channel, 28 in 1993/94 harvest season population data is rated as good. Table comprehensive population studies, and 24 in 1992/93. Limited guided sport 3 shows the status of the population as including both scientific and traditional hunts of 5 and 3 occurred in Baffin Bay increasing based on the 5-year and 3- knowledge, the sustainable harvest of during the same seasons (GNWT). year average of harvests and the 1993/ each population will be estimated and According to Born (1995) there is 94 harvest. Of the 32 bears taken in last allocated fairly between all user groups little information available on the take year’s harvest, 40.6 percent were through joint negotiations. These joint of polar bears in Greenland. There is no females. During the open-water season, management negotiations are ongoing. quota for harvest of polar bears in this population appears to be The next PBTC meeting will be in Greenland. Regulations prohibit the use geographically segregated, although it is Quebec partly to facilitate joint of vehicles for the hunt and stipulate intermixed with the eastern Hudson Bay management discussions. Canada and that hunters must be citizens of and Foxe Basin populations during the Greenland are currently conducting Greenland and hunt or fish full time. As ice covered months. joint research to confirm shared of January 1, 1993, Greenland residents The Western Hudson Bay population population boundaries and population are required to obtain special permits to is shared with Manitoba, where polar estimates. Once this joint research hunt polar bear. The reporting of take is bears are listed as a protected species report is completed, the two countries voluntary, and the system of reporting under the Wildlife Act of 1991. There is have agreed to move ahead with has not worked reliably for many years. no open hunting season and polar bears negotiations on developing joint Greenland needs to obtain information cannot legally be hunted at any time of management agreements (GNWT). on the number and sex ratio of bears the year by anyone. To hunt polar bears, Queen Elizabeth Island (QE). The taken in all areas and number of animals including hunting by Treaty Indians, population is estimated at 200. Current in the populations to establish a would require a permit from the information is that there are few polar sustainable harvest level of polar bears. Minister and no such permits are bears in this remote area. The reliability There is an ongoing Canadian- currently being issued. Under the terms of the data is poor. A likely scenario is Greenland joint study to obtain data to of a Local Management Agreement, that this area will eventually be delineate the range and number of bears Manitoba is allocated a quota of 27 tags managed as a sanctuary for polar bears. in the shared populations. A summary out of 55 for the Western Hudson Bay The status of the population was stable of results of a polar bear survey suggests population. Eight tags are held in at the 5-year and 3-year average of a harvest of 40 to 60 bears each year in Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36395 West Greenland, from the population confusion how a co-management estimate to 1,400. Further work will be shared with Canada (PBSG 1995). agreement would mesh with the James required to resolve the status of polar Recent satellite telemetry data indicates Bay and Northern Quebec Agreement.) bears in this population. A joint four populations: a western population, The harvest levels set are 22, 31, and 9 resolution was signed by Quebec and Baffin Bay, Jones Sound-Norwegian Bay, for populations shared in Southern NWT supporting a co-operative and Kane Basin. The final analysis and Hudson Bay, Davis Strait, and Foxe inventory of this population as a high determination of population status will Basin, respectively. The Inuit have priority. (Newfoundland and Labrador occur in the summer of 1995 after the agreed with the harvest levels, while could not attend the meeting where that collection of the last movement data. A negotiations are occurring with the resolution was developed, but is re-inventory of population numbers is Crees. If the ‘‘guaranteed harvest’’ is supportive.) The population data is ongoing. Data collection should be exceeded, which is uncommon, there is rated as fair. The status of the finalized in Baffin Bay by the Fall of no penalty. The number and sex of polar population (Table 3) is shown as stable 1995 and in Parry Channel by 1997. bears in the harvest are monitored, with for 3-year average of harvests and the Canada is not recommending any age determined on many of them. There 1993/94 harvest. Of the 58 bears in last management action until the study is has been, however, some concern year’s harvest, 40.6 percent were completed. expressed over the inconsistencies in females. Foxe Basin (FB). An 8-year mark- harvest data. Quebec does not have The Davis Strait population is shared recapture and telemetry study of legislation to protect female polar bears with Quebec, Newfoundland and movements and population size was with cubs and bears in dens (GNWT), Labrador, and Greenland. For a concluded in 1992. The population but the Inuit hunters and trappers in discussion of Quebec, see Foxe Basin estimate of 2,020 is believed to be Northern Quebec have agreed to protect above. In Newfoundland and Labrador, accurate as the marking effort included them (PBSG 1988). the legal basis for regulating polar bears the entire area. Polar bears were Davis Strait (DS). The population is the Wildlife Act, 1970. The current concentrated on the Southampton estimate is 1,400, and is based on field hunting season is limited to residents of Island and Wager Bay areas during the work conducted during the spring from the Torngat Electoral District on the ice-free season, but significant numbers 1976 through 1979. Traditional northern Labrador coast, with no of bears were found throughout the knowledge observations suggest that the distinction made between natives and other islands and coastal areas. Because population may have increased since non-natives. To maintain consistency the previous harvest quotas are believed with the International Agreement, tags to have reduced the population from 1979: (a) Hunters from Pangnirtung have are issued through the Labrador Inuit about 3,000 in the early 1970’s to about reported larger numbers of bears in Association, with unused tags being 2,000 in 1991, the harvest quota is being recent years and in 1994 took their accounted for. Land claim negotiations incrementally reduced to levels that will entire quota in less than 2 days; (b) that may affect how polar bears are permit recovery of this population. The hunters from the Labrador Inuit managed in Newfoundland and reduction process is described in the Association have reported seeing an Labrador are currently underway. In NWT Local Management Agreements increased number of bears in the last typical years Greenland harvests no between the Inuit communities that several years; (c) hunters from Iqaluit polar bears from the Davis Strait share these polar bears. The population report they have harvested the highest population. In some years, however, ice data are rated as good. The status of the proportion of males of any settlement in population (Table 3) is shown as the NWT due to high densities of bears is blown onto southern Greenland and, decreasing for the 5-year and 3-year encountered; and (d) hunters from Lake on the average, two bears are taken in average of harvests and the 1993/94 Harbour report a higher rate of Greenland. For additional discussion on harvest. Of the 100 bears taken in last encounters with polar bears in recent Greenland’s program, see Parry year’s harvest, 48.5 percent were years. Observations made by biologists Channel/Baffin Bay above. females. support the traditional knowledge Southern Hudson Bay (SH). The The population is shared with Quebec reported by hunters: (a) during surveys population estimate of 1,000 is where the legal bases for regulating conducted in the fall of 1992 and 1993, considered conservative. It is based on polar bear are the Wildlife Conservation high densities of bears were found on a 3-year study mainly along the Ontario and Management Act, 1983; the Order the Cumberland Peninsula, Baffin coastline of movements and population in Council 1 3234, 1971; and the James Island; (b) the number of bears captured size using telemetry and mark- Bay International Agreement, 1978 per hour of search time during 1991–94 recapture. Since a portion of the eastern (GNWT). Inuit and Indians are allowed on the Labrador coast almost doubled and western coastal areas was not to hunt polar bears from three different from 1976–79; (c) during the above included in the study area, the populations, based on the ‘‘guaranteed surveys conducted in the 1990’s, a large calculated estimate of 763 bears was harvest’’ levels determined for the James proportion of old adult males were seen increased to 1,000. In addition, inshore Bay Agreement, as long as the principle (such sightings would not occur in an areas were under-sampled because of of conservation is respected (PBSG over-harvested population where the difficulties in locating polar bears in the 1995). The guaranteed harvest levels are harvest was selective for males); and (d) inland boreal forest. The study determined between the user groups satellite tracking data from 1991–94 confirmed the population boundary and the Government of Quebec based on indicate that a large proportion of the along the Ontario coast during the ice- harvest records between 1976 and 1980. population is offshore in the pack ice free season but showed the intermixing The levels are set without knowledge of during the spring and would not have with the western Hudson Bay and Foxe the size of the polar bear population and been included in the capture and Basin populations during the months without consultation with other user tagging as part of the 1980 population when the bay is frozen over. The groups that hunt polar bears from the estimate. Population modeling indicates population data is rated as fair. Table 3 three shared populations. (In fact, The that the population would need to be at shows the status of the population as Inuit from Quebec have declined to least 1,400 to sustain the present annual decreasing for the 5-year and 3-year participate in a management agreement kill of 58 polar bear. The 1995 PBTC average harvests, but as stable for the with the NWT as there is some supported the revision of the population 1993/94 harvest. Of the 45 bears taken 36396 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules in last year’s harvest, 33.3 percent were review has not been completed by requirements as outlined in regulation females. January 31. (50 CFR Part 14), including entry This population is shared with through one of the ports designated for D. CITES and Other International Quebec (see discussion under Foxe wildlife import and completion of a Agreements and Conventions Basin), the NWT, and Ontario. In Wildlife Declaration Form (3–177). Ontario, polar bears are protected under 1. Proposed Finding the Game and Fish Act, 1980. Treaty E. Illegal Trade in Bear Parts The MMPA requires that the Service Indians are allowed to hunt polar bears find that the export from Canada and 1. Proposed Finding with an annual permissible kill of 30 subsequent import into the United The Service proposes to find that the animals (GNWT). Ontario has supported States are consistent with CITES and export and subsequent import of sport- the adoption of guidelines for dividing other international agreements and hunted polar bear trophies to the United the quota for polar bear populations States would not be likely to contribute shared with the NWT and Quebec, but conventions. Based on the discussion there is no joint management agreement. below, the Service proposes to find that to the illegal trade in bear parts if the There are no officers located in the the provision of CITES will be met for conditions proposed are adopted. The villages where polar bears are hunted. the export and import of polar bear Service notes that this finding covers At the 1994 PBTC meeting, it was trophies taken in Canada. The the illegal trade in parts of all species of reported that fewer kills are being International Agreement was discussed bears. To ensure that the gall bladders reported by hunters, resulting in previously. At this time, the Service is of polar bears taken by U.S. hunters do incomplete data. If the quota is not aware of any other agreements or not enter into trade, the Service exceeded, which is uncommon, hunters conventions that need to be considered. proposes to condition any import permit that the permittee certify that the gall are encouraged to count the excess polar 2. CITES bears against the next year quota. Bears bladder was destroyed. To ensure that CITES is a treaty established to in dens and females with cubs are not all polar bears that enter the United protect species impacted by specifically protected, but the take of States can be identified as legally taken such animals is believed to be rare. international trade. Canada and the sport-hunted trophies and do not United States, along with 126 other contribute to the illegal trade in polar 7. Scientific Review countries, are Parties to CITES. The bear parts, the Service proposes that the The language of the MMPA polar bear has been protected under permittee make an appointment at least Amendments requires that a scientific Appendix II of CITES since 1975. 72 hours prior to import with Service review of the impact of permits issued Appendix II includes ‘‘species which personnel at a designated port for on the polar bear population stocks be although not necessarily now threatened wildlife to have a permanent tag affixed undertaken periodically. The Service with extinction may become so unless to the trophy upon import. trade in specimens of such species is published a proposed rule in the 2. Trade in Gall Bladders Federal Register (60 FR 70) on January subject to strict regulation in order to 3, 1995, that discussed the scientific avoid utilization incompatible with There is a diversity of opinion on review process and proposed permit their survival’’ (Article II of CITES). A trade in polar bear gall bladders. procedures. The first scientific review of CITES export permit must accompany Resolution 5 of the 1993 PBSG meeting the impact of permits issued on the each shipment from the country of recommended that each party consider polar bear population stocks is to be origin. The export permit for dead restricting the traffic in polar bear gall undertaken within 2 years after specimens can be issued for any bladders. This was done in recognition enactment, that is by April 30, 1996. purpose as long as the scientific that worldwide trade in bear parts, This review is to provide an opportunity authority of the country of export particularly gall bladders, threatens the for public comment and the final report determines that the shipment will not survival of several species of bear, and will include a response to such public be detrimental to the survival of the that the legal availability of gall comment. The Director will not issue species and the management authority bladders of any species of bear makes it permits to allow for the import of polar of that country determines that the impossible to control the illegal trade, bears taken in Canada after September specimen was obtained legally. encouraging further illegal take of all 30, 1996, if the Service determines that For the export of polar bear from species of bears, including polar bear the issuance of permits is having a Canada, control of the polar bear harvest (PBSG 1995). Canada’s PBTC endorsed significant adverse impact on the polar is demonstrated by quotas enforced by the resolution which allows each party bear population stocks in Canada. The legislation and co-management to make its own decision. The PBTC Director may conduct an annual review agreements, and by development of a recommended the PBAC discuss the of this determination. The review management plan. In the NWT, only the issue and consider recommending a ban provides for the monitoring of the DRR Headquarters in Yellowknife and on trade of gall bladders from all bear effects of permit issuance on Canada’s its Regional Offices can issue CITES species. Although legally harvested bear polar bear population stocks and a permits for polar bears and polar bear gall bladders can be sold in the NWT, means to guarantee the cessation of products. A CITES permit for a polar the GNWT is currently reviewing the imports should there be an indication of bear product originating in the NWT practice. Between 1992 and 1994, NWT an adverse impact on the sustainability may be issued from another Canadian Export Permits were issued for 61 polar of the Canadian population stocks. province or territory only if the product bear gall bladders. These reviews are to be based on the was exported from the NWT with a The Service is unaware of any best scientific information available. If Northwest Territories Wildlife Export published source that documents a the Director does undertake a review, Permit. This permit must be validated demand for polar bear gall bladders, but the Act requires that the review be by Customs Canada upon export. there are several anecdotal episodes that completed by January 31 of the year in For import into the United States, all suggest they are not in commercial which the review was undertaken. The wildlife and wildlife products requiring demand. Dr. Derek Melton, Director, Director may not, however, refuse to a permit under CITES and the MMPA Wildlife Management, DRR, NWT, issue permits solely on the basis that the must meet inspection and clearance wrote the Service that Judy Mills, co- Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36397 author of the World Wildlife Fund not allow trade by routing them through 6. Proposed Tagging Requirement report on The Asian Trade in Bear Parts, the provinces that still allow trade. As previously described, the NWT tag verbally told him ‘‘that gall bladders There have been some questionable kills applied to a polar bear hide is removed from polar bears were regarded as less and some illegal kills of black bear to either at the time of tanning or upon desirable than those of terrestrial gain parts in the NWT. However, the export. Therefore, once imported, hides species, possibly because of the taste trade in polar bear parts is not thought (raw and tanned), rugs, and mounts of associated with their marine diet.’’ Dr. to be involved in any significant degree. Canadian sport-hunted polar bears are Ed Espinoza, Chief of the Criminalistics GNWT wildlife officials have stated that not distinguishable from untagged Section of the National Fish and distance and cost make polar bears Alaskan polar bear hides which may Wildlife Forensic Lab related that inaccessible to southern poachers. have been illegally acquired or examination of polar bear gall bladders Residents of the NWT consider the polar transported. In addition, there may be at the Lab revealed that polar bear gall bear of cultural importance and worth some polar bear hides and mounts taken bladders smell fishy, probably due to more than just the economic value of its in Canada and illegally imported into the high content of marine fatty acids parts. Canada does not anticipate an the United States prior to the and oils. He remembered Inuits from increase in illegal activity or in the Amendments. Kotzebue, Alaska, telling him that they number of polar bears illegally killed as To ensure that all polar bears that are not able to get financial a result of allowing the export of sport- enter the United States can be identified compensation for polar bear gall hunted trophies by U.S. citizens as legally taken sport-hunted trophies bladders because ‘‘they smell bad’’. He (GNWT). and not contribute to the illegal trade in also remembered a Canadian Wildlife polar bear parts, the Service proposes Conservation Officer in Whitehorse 5. Alaska that they be marked with a one-time tag telling him there were no interested that is to remain on the trophy Asian parties for the polar bear gall The MMPA prohibits, with limited indefinitely. The tag would be similar in bladders because of the odor these galls exceptions, the harvest and trade of design to tags used for Alaskan polar had. On the other hand, in 1992, the polar bears and polar bear parts in the bears taken in the Native subsistence first case of illegal sale of polar bear gall United States. It restricts the take of bladders was documented by U.S. law polar bears to any Indian, Aleut, or harvest. The Service is currently enforcement agents in Alaska (Schliebe Eskimo who resides in Alaska and who working with the Canadian Wildlife et al. 1995). To ensure that the gall dwells on the coast of the North Pacific Service and the Government of the NWT bladders of polar bears taken by U.S. Ocean or the Arctic Ocean provided on the feasibility of permanently tagging hunters do not enter into trade, the such taking is not accomplished in a the hide of all sport-hunted polar bear Service proposes to condition any U.S. wasteful manner and is for subsistence in Canada at the time of harvest. import permits for polar bears if this purposes or is done for purposes of Developing such a cooperative program proposed rule is adopted. The condition creating and selling authentic native might include developing a tag which would require the permittee to certify articles of handicrafts and clothing. could withstand the cold climate of the that the gall bladder, including its NWT, the tanning process, and the All polar bear hides and skulls taken taxidermy process; be unobtrusive on a contents, from the polar bear proposed as part of the Native subsistence harvest for import was destroyed. polar bear mount or rug; and be visible must be tagged within 30 days of for inspection, if necessary. The Service 3. Trade in Hides harvesting the polar bear. These tags are anticipates that the development and provided by the Service, are numbered It was reported at the 1993 PBSG implementation of this program could for accountability and of such a design, meeting that the fur market is currently take from 6 months to 2 years. glutted, resulting in low prices for pelts construction, and material so as to Until a procedure for permanently on the open market. The trade in polar maximize their longevity and durability tagging sport-hunted polar bear hides at bear hides is fairly flat, and the market on the specified parts. Polar bear parts the time of harvest has been adopted, in the United States is closed because of may only be tagged by Service the Service proposes that a permanent the MMPA. According to the Service’s personnel or authorized Service tag be affixed to all sport-hunted polar Division of Law Enforcement, an representatives (e.g., Native residents of bear trophies including raw (untanned) undercover operation in Alaska during the community). The skin and skull of hides, tanned hides, and prepared rugs 1991 and 1992 showed that a black an animal must accompany each other and mounts, upon import into the market for polar bear hides existed in when presented for tagging. Tags are United States and that the skull of the Alaska. Greenland assists in marketing attached or applied to the skins and polar bear, if separate from the polar bear pelts for local communities. skulls in such a manner as to maximize remainder of the trophy, be permanently In 1992 a total of 60 hides were their longevity and minimize adverse marked with the tag number of the purchased by the tannery. Thirty of effect to the appearance of the specified accompanying polar bear hide. To these went to Denmark (PBSG 1995). parts which might result due to ensure that all polar bear parts are hindering the tanning or handicrafting permanently marked or tagged, the 4. Canada of skins, or the handicrafting of skulls. Service proposes that all sport-hunted There is some illegal trade in bear Tags must remain affixed to the skin polar bears must be imported through a parts in Canada, but the extent is through the tanning process and until Fish and Wildlife Service designated unknown. There are documented cases the skin has been severed into parts for port during normal business hours with in the provinces, especially British crafting into handicrafts or for as long as at least a 72-hour prior notice. Columbia. While trade in bear parts is practical during the handicrafting The Service has experience with now prohibited in British Columbia, process. If the tag does come off of the tagging programs for polar bear, walrus, Alberta, Newfoundland and Labrador, specified part the person in possession and sea otter taken in the Native and Manitoba, it is still legal to sell bear of the part has 30 days to present the subsistence harvest in Alaska and for parts in Ontario, Quebec, Saskatchewan, part and broken tag to the Service or the CITES regulated fur-bearing species, and the NWT. There may be some trade Service’s local representative for including brown bear, bobcat, river in bear parts from a province that does retagging. otter, and lynx. Based on this 36398 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules experience and discussions with Agreement on the Conservation of Polar 12866. The Department of the Interior professional taxidermists and tanners, Bears which came into effect on May 26, (Department) has determined that this the Service has learned that plastic tags 1976; (2) the hunting of polar bears in proposed rule will not have a significant are more durable than metal tags, less Canada has been restricted to Native economic effect on a substantial number likely to break or rip from the hides, and people since 1949; (3) polar bears have of small entities under the Regulatory less likely to damage tanning been managed in the NWT under a Flexibility Act (5 U.S.C. 601 et seq.). equipment. The Service considered the quota since 1968; (4) the NWT has The proposal will affect only those in following factors when looking at maintained a data collection and the United States who have hunted, or tagging requirements: the condition of monitoring program on the polar bear intend to hunt, polar bear in Canada. the trophy upon import (i.e., untanned harvest in its territory since the 1976/77 This action is not expected to have hide, tanned hide, finished rug or harvest season; (5) the NWT, DRR, has significant taking implications, per mount), the recommendations of demonstrated a progressive management Executive Order 12630. professional taxidermists and tanners, program for polar bear which includes the ability to examine the identification scientific research and traditional The information collection marks on the tag, the ability to replace knowledge; and (6) the 1994 requirement contained in this section a lost tag, and the extent to which the Amendments do not require the has been approved by OMB as required tag would be obtrusive to the overall evaluation of Canada’s past polar bear by the Paperwork Reduction Act, 44 appearance of the trophy. management history. U.S.C. 3501 et seq., and assigned Based on these considerations, the It should be noted that proof the polar clearance number 1018–0022. There Service proposes that a plastic tag be bear was legally harvested in Canada by will be no additional information placed like a bracelet around the ankle the applicant or by a decedent from collection requirements for tagging polar area of either the fore or hind legs of a whom the applicant inherited the bears if the condition is adopted. Since mounted polar bear trophy. The same trophy may be more problematic for the proposed rule would apply to type of tag would be used for a raw or polar bears taken between late 1972 to importation of polar bear trophies into tanned hide or finished rug. In these 1976 since records maintained by DRR the United States, it does not contain cases, the Service proposes that the tag start from the mid 1970’s. The Service any Federalism impacts as described in be affixed to the hide in the belly or proposes that an applicant provide the Executive Order 12612. flank area of the bear where it will be following to show proof of legal harvest The Department has certified to OMB least disruptive to the taxidermy process for a polar bear taken prior to the that these regulations meet the and more likely to be concealed by the effective date of the final rule if applicable standards provided in longer hair in these areas. To reduce the adopted: certification from the Sections 2(a) and 2(b)(2) of Executive chances of a tag being snagged and Government of the NWT that the bear Order 12778. ripped out or broken during the tanning was legally harvested and tagged during process, and to reduce the obtrusiveness the specified harvest season and by the References Cited of the tag, the Service proposes that hunter of record. Whatever option is Baur, D.C. 1993. Reconciling the legal Service personnel would loop the tag adopted for determining whether the mechanisms to protect and manage polar upon itself prior to affixing it to a raw specimens were pregnant or nursing at bears under United States laws and the or tanned hide or a finished rug. Service the time of taking, as discussed above, Agreement for the Conservation of Polar Bears. Report prepared for the Marine personnel in Alaska have used this would also apply to these bears. procedure when tagging sea otter pelts Mammal Commission, Washington, D.C. 153 pp. and have not had difficulty reading the Public Comments Solicited Born, E.W. 1995. Status of the polar bear in tag. Provisions are also proposed to The Service is currently deliberating Greenland 1993. Pages 81–103 in O. retag polar bear hides or mounts if tags on the comments received on its earlier Wiig, E.W. Born, and g.W. Garner, eds. are broken during tanning or lost. proposed rule and will respond to all Polar Bears. Proc. Eleventh Working comments to its proposals in the final Proposed Findings for Bears Taken Meet. IUCN/SSC PBSG Jan. 25–29, 1993, rule. The Service invites comments on Copenhagen, Denmark. Occas. Pap. Prior to the 1994 Amendments these new proposals. The Service will IUCN Spec. Surv. Comm. No. 10. Gland, Section 104(c)(5)(A) includes polar take into consideration the comments Switzerland. (in press) bears taken, but not imported, prior to and any additional information received Calvert, W., M. Taylor, L. Stirling, G.B. the 1994 Amendments. The Service in making a decision on this proposal, Kolenosky, S. Kearney, M. Crete, and S. proposes that a permit for import of and such consideration may lead to Luttich. 1995. Polar bear management in Canada 1988–92. Pages 61–80 in O. Wiig, trophies taken in the NWT between final findings and regulation that differ December 21, 1972, through the E.W. Born, and g.W. Garner, eds. Polar from this proposal. Bears. Proc. Eleventh Working Meet. effective date of any final rule may be Required Determinations IUCN/SSC PBSG Jan. 25–28, 1993, issued when the applicant has Copenhagen, Denmark. Occas. Pap. demonstrated that the polar bear was The Service has prepared a draft IUCN Spec. Surv. Comm. No. 10. Gland, legally taken and was not pregnant or environmental assessment on the Switzerland. (in press) nursing at the time of take. Such proposed rule, in accordance with the PBSG, The World Conservation Union. 1995. trophies would be subject upon import National Environmental Policy Act Polar Bears. Proc, Eleventh Working to the same marking and tagging (NEPA). A determination will be made Meet. IUCN/SSC PBSG Jan. 25–28, 1993, requirements as sport-hunted polar at the time of the final decision as to Copenhagen, Denmark. O. Wiig, E.W. bears taken in Canada after the effective whether the proposed rule is a major Born, and G.W. Garner, eds. Occas. Pap. date of any final rule. Federal action significantly affecting the IUCN Spec. Surv. Comm. No. 10. Gland, Switzerland. (in press) The Service proposes to issue a quality of the human environment PBSG, The World Conservation Union blanket finding covering the NWT within the meaning of Section 102(2)(C) (IUCN). 1988. Polar Bears. Proc. Tenth historic sport-hunting program for each of NEPA. Working Meet. IUCN/SSC PBSG Oct. 25– year starting in late 1972 to the present This proposed rule was not subject to 29, 1988, Sochi, USSR. O. Wiig, ed. for the following reasons: (1) Canada is review by the Office of Management and Occas. Pap. IUCN Spec. Surv. Comm. a signatory to the 1973 International Budget (OMB) under Executive Order No. 7. Gland, Switzerland. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36399 Lee, J., M. Taylor, and A. Sutherland. 1994. Territories, that the polar bear was (5) In the event the tag comes off the Aspects of the polar bear harvest in the legally harvested and tagged, giving the trophy, the permittee must within 30 Northwest Territories, Canada. name of the hunter and location days: Northwest Terr. Dept. Ren. Res. File Rep. (settlement and population) and season (i) Contact the nearest Service office at No. 113. 27 pp. a designated port or a Law Enforcement Prestrud, P. and I. Stirling. 1995. The the bear was taken; International Polar Bear Agreement and (ii) If the polar bear was taken on or office as given in § 10.22 of this the current status of polar bear after (effective date of final rule), the subchapter to schedule a time to present conservation. Aquat. Mammals. (in permittee must provide documentation the trophy for retagging; and press) at time of import to the Service (ii) At the time the new tag is Ramsay, M.A. and I. Stirling. 1986. On the inspector as outlined in § 18.30(f)(1)(ii). attached, present the broken tag and mating system of polar bears. Can. J. (6) * * * proof that the trophy had been tagged Zool. 64:2142–2151. 3. Proposed § 18.30 [proposed to be and legally imported or, in the event Schliebe, S.L., S.C. Amstrup, and added at 60 FR 70 (January 3, 1995)] is that the tag was lost, a signed, written G.W.Garner. 1995 The status of polar proposed to be amended by revising explanation of how and when the tag bears in Alaska 1993. Pages 121–134 in was lost and proof that the trophy had O. Wiig, E.W. Born, and G.W. Garner, paragraph (b) to read as follows: been tagged and legally imported. eds. Polar Bears. Proc. Eleventh Working § 18.30 Polar bear sport-hunted trophy Meet. IUCN/SSC PBSG Jan. 25–28, 1993, import permits. * * * * * Copenhagen, Denmark. Occas. Pap. 4. Proposed § 18.30 [proposed to be IUCN Spec. Surv. Comm. No. 10. Gland, * * * * * added at 60 FR 70 (January 3, 1995)] is Switzerland. (in press) (f) Additional permit conditions. proposed to be amended by adding a Taylor, B.L. 1995. Defining ‘‘population’’ to Permits to import a sport-hunted polar new paragraph (j) to read as follows: meet management objectives for marine bear trophy taken in Canada are subject mammals. Adm. Rep. LJ–95–03, NMFS, to the conditions outlined in § 18.31(d) § 18.30 Polar bear sport-hunted trophy La Jolla, CA. and the following special conditions: import permits. Taylor, M., ed. 1994. Density-dependent (1) If the polar bear was taken on or * * * * * population regulation in black, brown, after (effective date of final rule), the (j) Findings. (1) The Service has and polar bears. Int. Conf. Bear Res. and Manage. Monogr. Series No. 3. 43 pp. permittee must: determined that the Northwest Taylor, M.K., D.P. DeMaster, F.L. Bunnell, (i) Sign a statement, as a condition of Territories, Canada, has a monitored and R.E. Schweinsburg. 1987. Modeling the permit, that the gall bladder, and enforced sport-hunting program the sustainable harvest of female polar including its contents, taken from the that meets issuance criteria of bears. J. Wildl. Manage. 51(4):811–820. polar bear proposed for import was paragraphs (e) (4) and (5) of this section U.S. Fish and Wildlife Service. 1995. Draft destroyed; and for the following populations: Southern Habitat Conservation Strategy for Polar (ii) Provide a copy of the NWT Beaufort Sea, Northern Beaufort Sea, Bears in Alaska. Anchorage, Alaska. 91 hunting license and tag number under Viscount Melville Sound, Gulf of pp. which the polar bear was taken and a Boothia, M’Clintock Channel, and List of Subjects in 50 CFR Part 18 Canadian CITES export permit that Western Hudson Bay, provided: identifies the polar bear by hunting (i) For the Southern Beaufort Sea Administrative practice and license and tag numbers; population, no bears be taken west of procedures, Imports, Indians, Marine (2) The permittee must present to a the equidistant line of the Beaufort Sea; mammals, Reporting and recordkeeping Service inspector at the time of import the management agreement between the requirements, Transportation. a certification from the Department of Inuvialuit Game Council and the Fish Proposed Regulation Promulgation Renewable Resources, Northwest and Game Management Committee of Territories, that the polar bear at the Accordingly, it is hereby proposed to the North Slope Borough in Alaska time of take was not pregnant, was not amend Part 18 of Chapter I of Title 50 remains in effect; and the Yukon a nursing cub, was not a mother with of the Code of Federal Regulations to Territory quota remains with the cubs, and was not moving into a den or read as follows: Northwest Territories or has a joint already in a den. management agreement in place with PART 18ÐMARINE MAMMALS (3) Any sport-hunted trophy imported scientifically sound quotas; with a permit issued under this section (ii) For the Western Hudson Bay 1. The authority citation for part 18 must be imported through a designated population, a management agreement continues to read as follows: port for wildlife imports (see § 14.12) between the Northwest Territories and Authority: 16 U.S.C. 1361 et seq. during regular business hours. The Manitoba is in effect with scientifically importer must notify Service personnel 2. Proposed § 18.30 [proposed to be sound quotas; at the port at least 72 hours prior to the added at 60 FR 70 (January 3, 1995)] is (iii) For all of these populations, that import and make arrangements for the proposed to be amended by revising females with cubs, cubs, or polar bears Service to affix a tag in accordance with paragraph (a)(5) to read as follows: moving into denning areas or already in paragraph (f)(4) of this section prior to dens are protected from taking by § 18.30 Polar bear sport-hunted trophy being cleared; hunting activities; and import permits. (4) A serially numbered, permanently (iv) The number of sport-hunted (a) * * * locking tag identifying the species, year trophies taken in the prior harvest (5) Proof that the polar bear was of import, and port of import must be season does not exceed 15 percent of the legally harvested in Canada by the affixed by the Service to each sport- total quota of the Northwest Territories. applicant (or by a decedent from whom hunted trophy upon import and must (2) Any sport-hunted trophy taken in the applicant inherited the trophy), remain fixed indefinitely to the trophy the Northwest Territories on or after including: as proof of legal import. Tags must be (effective date of final rule) from a (i) If the polar bear was taken prior to attached in a manner established by the population that currently is not (effective date of final rule), a Service to maximize their longevity and approved by the Service for import, will certification from the Department of minimize their adverse affects to the only be approved for an import permit Renewable Resources, Northwest appearance of the trophy; and if the Service can find, based on 36400 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules updated information from the Northwest Territories, that: (i) The total harvest during that harvest season and the average of the three preceding harvest seasons was sustainable for the affected population; and (ii) A management agreement(s) was in place with Greenland and/or a province(s) that shares the population with the Northwest Territories. (3) Any sport-hunted trophy taken in the Northwest Territories, Canada, between December 21, 1972, and (effective date of final rule) must meet the issuance criteria of paragraphs (e)(1), (2), (3), and (6)(i) of this section and may be imported upon obtaining an import permit prior to import and meeting the conditions of paragraphs (f) (2), (3), (4), and (5) of this section. Dated: June 22, 1995. George T. Frampton, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 95–17432 Filed 7–14–95; 8:45 am] BILLING CODE 4310±55±P 36401 Notices Federal Register Vol. 60, No. 136 Monday, July 17, 1995 This section of the FEDERAL REGISTER Service, USDA, P.O. Box 96090, sign language interpretation or other contains documents other than rules or Washington, DC 20090–6090. auxiliary aids should be directed to Julie proposed rules that are applicable to the FOR FURTHER INFORMATION CONTACT: Krebs (see ADDRESSES) by August 2, public. Notices of hearings and investigations, J. Kenneth Myers, Assistant Director, 1995. committee meetings, agency decisions and Lands Staff, 202–205–1248. rulings, delegations of authority, filing of Dated: July 11, 1995. petitions and applications and agency Dated: July 10, 1995. Richard W. Surdi, statements of organization and functions are Valdis E. Mezainis, Acting Director, Office of Fisheries examples of documents appearing in this Acting Chief. Conservation and Management, National section. [FR Doc. 95–17372 Filed 7–14–95; 8:45 am] Marine Fisheries Service. BILLING CODE 3410±11±M [FR Doc. 95–17469 Filed 7–14–95; 8:45 am] DEPARTMENT OF AGRICULTURE BILLING CODE 3510±22±F Forest Service DEPARTMENT OF COMMERCE [I.D. 071095E] National Oceanic and Atmospheric RIN 0596±AA47 Mid-Atlantic Fishery Management Administration Council; Meetings Hydropower Applications [I.D. 071095F] AGENCY: National Marine Fisheries AGENCY: Forest Service, USDA. Gulf of Mexico Fishery Management Service (NMFS), National Oceanic and ACTION: Notice; extension of public Council; Public Meeting Atmospheric Administration (NOAA), comment period. Commerce. AGENCY: National Marine Fisheries ACTION: Notice of public meetings. SUMMARY: On May 22, 1995, the Forest Service (NMFS), National Oceanic and Service gave notice in the Federal Atmospheric Administration (NOAA), SUMMARY: The Mid-Atlantic Fishery Register (60 FR 27154) requesting Commerce. Management Council (Council) and its public comment on proposed policy and ACTION: Notice of public meeting. Large Pelagic/Sharks Committee and procedures concerning administration Coastal Migratory Species Committee SUMMARY: The Gulf of Mexico Fishery will hold public meetings. of hydropower authorizations and the Management Council will convene a DATES: processing of proposals for hydropower public meeting of its Florida/Alabama The meetings will be held on projects affecting National Forest Habitat Protection Advisory Panel. August 1 through August 3, 1995, as System lands. The notice included text follows: DATES: The meeting will be held August of the proposed policy and a portion of August 1, 10:00 a.m. to 12:00 noon, 9, 1995, from 9:00 a.m. to 3:00 p.m. the agency’s procedural handbook. the Large Pelagic/Sharks Committee; However, reviewers were advised that ADDRESSES: This meeting will be held at August 1, 1:00 p.m. to 5:00 p.m., the the entire procedural handbook was the Radisson Bay Harbor Inn, Coastal Migratory Species Committee; available for review upon request. This Harborview II Room, 7700 Courtney August 2, 8:00 a.m. to 5:00 p.m., the draft handbook comprises over 300 Campbell Causeway, Tampa, FL 33607. Council; Council address: Gulf of Mexico pages. August 2, 1:00 p.m. to 3:00 p.m., the Fishery Management Council; 5401West The agency has received over 100 Northeast Fisheries Science Center Kennedy Boulevard; Tampa, FL 33609. requests for the procedural handbook Stock Assessment Workshop; FOR FURTHER INFORMATION CONTACT: and continues to receive requests well August 3, 8:00 a.m.-approximately into the public comment period. Richard J. Hoogland, Biologist, Gulf of 12:00 noon, the Council. Mexico Fishery Management Council; Organizations representing permit ADDRESSES: The meetings will be held at telephone: 813–228–2815. holders and applicants have requested the Sheraton Suites, 422 Delaware additional time for review and SUPPLEMENTARY INFORMATION: The panel Avenue, Wilmington, DE 19801; comments. The agency concludes that will review and discuss a mariculture telephone: (302) 654–8300. the 60-day comment period provided for project in the Gulf of Mexico offshore Council Address: Mid-Atlantic in the May 22, 1995, notice may not from Alabama, seagrass damage from Fishery Management Council, 300 S. provide sufficient time for the public boat propellers, Florida Bay restoration New Street, Dover, DE 19901. and affected parties to review the notice activities, proposed change in fuel type for an electric generating plant located FOR FURTHER INFORMATION CONTACT: and the lengthy procedural handbook David R. Keifer, Executive Director, and submit comments. Therefore, the on the Little Manatee River, possible consequences of fuel conversion, Mid-Atlantic Fishery Management Forest Service is extending the comment Council; telephone: 302–674–2331. period an additional 45 days to ensure proposed increase in water withdrawals SUPPLEMENTARY INFORMATION: The that all parties who wish to comment from the Peace River for phosphate purpose of these meetings is to discuss: are provided ample opportunity to do mining, and possible impacts of reduced The NMFS entry limitation proposal for so. Peace River flow on the Charlotte Harbor estuary. large pelagics; 1996 bluefish DATES: Comments must be received in management; stock assessment updates writing by September 5, 1995. Special Accommodations for summer flounder, Atlantic mackerel, ADDRESSES: Send written comments to This meeting is physically accessible and black sea bass; 1996 quota Director, Lands Staff, (2770), Forest to people with disabilities. Requests for recommendations for surf clams and 36402 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices ocean quahogs; and other fishery [I.D. 070795A] Council’s Shrimp Committee, Shrimp management matters. Plan Development Team (PDT) and Marine Mammals and Endangered Shrimp Advisory Panel (AP). Special Accommodations Species; Permits DATES: These meetings are physically The meeting will be held on AGENCY: National Marine Fisheries accessible to people with disabilities. August 1, 1995, from 8:00 a.m. until Service (NMFS), National Oceanic and 5:00 p.m.. Requests for sign language Atmospheric Administration (NOAA), interpretation or other auxiliary aids ADDRESSES: The meeting will be held at Commerce. should be directed to Joanna Davis at the Town and Country Inn, 2008 (302) 674–2331 at least 5 days prior to ACTION: Issuance of modification to Savannah Highway, Charleston, SC the meeting date. scientific research permit no. 837 29407; telephone: (803) 571–1000. (P771#67). Dated: July 11, 1995. Council address: South Atlantic Richard W. Surdi, SUMMARY: Notice is hereby given that Fishery Management Council; One Acting Director, Office of Fisheries the Alaska Fisheries Science Center, Southpark Circle, Suite 306; Charleston, Conservation and Management, National NMFS, NOAA, National Marine SC 29407–4699. Marine Fisheries Service. Mammal Laboratory, 7600 Sand Point FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–17468 Filed 7–14–95; 8:45 am] Way, NE., Bldg 4, Seattle, WA 98115 has Sharon Coste, telephone: (803) 571– BILLING CODE 3510±22±F been issued a modification to permit no. 4366; fax: (803) 769–4520. 837. SUPPLEMENTARY INFORMATION: The joint ADDRESSES: The modification and [I.D. 071095D] meeting of the Council’s Shrimp related documents are available for Committee, PDT and AP has been review upon written request or by Mid-Atlantic Fishery Management scheduled to facilitate completion of a Council; Meeting appointment in the following offices: Permits Division, Office of Protected public hearing draft of Amendment 2 to AGENCY: National Marine Fisheries Resources, NMFS, 1315 East-West the Shrimp Fishery Management Plan Service (NMFS), National Oceanic and Highway, Room 13130, Silver Spring, that is being developed to address Atmospheric Administration (NOAA), MD 20910 (301/713–2289); bycatch in the shrimp fisheries of the Commerce. Director, Northwest Region, NMFS, South Atlantic region. The Council’s ACTION: Notice of public meeting. 7600 Sand Point Way, NE., Bin C15700, Shrimp Committee reviewed an options Seattle WA 98115 (206/526–6150); and paper on bycatch reduction at the June SUMMARY: The Mid-Atlantic Fishery Director, Alaska Region, NMFS, P.O. 1995 Council meeting and approved Management Council’s Bluefish Box 21668, Juneau, AK 99802–1668 recommendations on measures to be Monitoring Committee will hold a (907/586–7221). included in a public hearing document. public meeting. SUPPLEMENTARY INFORMATION: On May This document will reflect the Council’s DATES: The meeting will be held on July 24, 1995, notice was published in the proposals to (1) develop specific 28, 1995, beginning at 9:00 a.m. Federal Register (60 FR 27492) that a bycatch reduction measures for all ADDRESSES: The meeting will be held in request for a permit modification had penaeid shrimp fisheries in the South the Delaware Room of the Holiday Inn, been submitted by the above-named Atlantic exclusive economic zone (EEZ); 45 Industrial Highway, Essington, PA; organization. The modification was (2) require the use of NMFS-approved telephone: (610) 521–2400. issued under the authority of the Marine bycatch reduction devices in all penaeid Council address: Mid-Atlantic Fishery Mammal Protection Act of 1972, as shrimp trawls in the EEZ; (3) reduce the Management Council; 300 S. New amended (16 U.S.C. 1361 et seq.), the bycatch component of weakfish and Street; Dover, DE 19901. Regulations Governing the Taking and Spanish mackerel fishing mortality by FOR FURTHER INFORMATION CONTACT: Importing of Marine Mammals (50 CFR 50 percent; and (4) include brown and David R. Keifer, Executive Director, part 216), the Fur Seal Act of 1966, as pink shrimp in the management unit. Mid-Atlantic Fishery Management amended (16 U.S.C. 1151 et seq) and the The PDT will also be asked to help Council; telephone: (302) 674–2331. fur seal regulations at (50 CFR part 215). Council staff develop season and area closure options for the draft hearing SUPPLEMENTARY INFORMATION: The main Dated: July 11, 1995. objectives of this meeting will be to document that is scheduled to be Eugene T. Nitta, review bluefish landings, catch data, approved for public hearings and and stock assessment information, and Acting Chief, Permits & Documentation informal review at the August 21–25, Division, National Marine Fisheries Service. to make recommendations for 1995 Council meeting in Charleston, SC. [FR Doc. 95–17465 Filed 7–14–95; 8:45 am] management measures for 1996. Special Accommodations BILLING CODE 3510±22±F Special Accommodations This meeting is physically accessible This meeting is physically accessible [I.D. 070595C] to people with disabilities. Requests for to people with disabilities. Requests for sign language interpretation or other sign language interpretation or other South Atlantic Fishery Management auxiliary aids should be directed to auxiliary aids should be directed to Council; Public Meetings Sharon Coste at the Council (see FOR Joanna Davis at (302) 674–2331 at least FURTHER INFORMATION CONTACT) by July 5 days prior to the meeting date. AGENCY: National Marine Fisheries 18, 1995. Service (NMFS), National Oceanic and Dated: July 11, 1995. Atmospheric Administration (NOAA), Dated: July 11, 1995. Richard W. Surdi, Commerce. Richard W. Surdi, Acting Director, Office of Fisheries ACTION: Notice of public meetings. Acting Director, Office of Fisheries Conservation and Management, National Conservation and Management, National Marine Fisheries Service. SUMMARY: The South Atlantic Fishery Marine Fisheries Service. [FR Doc. 95–17467 Filed 7–14–95; 8:45 am] Management Council (Council) will [FR Doc. 95–17466 Filed 7–14–95; 8:45 am] BILLING CODE 3510±22±F hold a joint public meeting of the BILLING CODE 3510±22±F Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36403 CONSUMER PRODUCT SAFETY Secretary, Consumer Product Safety I. The Parties Commission, Washington, DC 20207. COMMISSION 2. The ‘‘staff’’ is the staff of the FOR FURTHER INFORMATION CONTACT: Earl Consumer Product Safety Commission, [CPSC Docket No. 95±C0013] A. Gershenow, Trial Attorney, Office of an independent regulatory commission Compliance and Enforcement, of the United States established Howland Caribbean Corporation, a Consumer Product Safety Commission, pursuant to section 4 of the CPSA, 15 Corporation; Provisional Acceptance Washington, DC 20207; telephone (301) U.S.C. 2053. of a Settlement Agreement and Order 504–0626. 3. Howland is a corporation organized SUPPLEMENTARY INFORMATION: The text of AGENCY: Consumer Product Safety and existing under the laws of the the Agreement and Order appears Commission. Commonwealth of Puerto Rico, since below. ACTION: Provisional acceptance of a 1972, with its principal corporate offices settlement agreement under the Dated: July 10, 1995. located at 1679 Ponce De Leon, Consumer Product Safety Act. Sadye E. Dunn, Santurce, Puerto Rico 00909. The firm Secretary. also has an office in Ridgefield, SUMMARY: It is the policy of the [CPSC Docket No. 95–C0013] Connecticut. Howland imports and Commission to publish settlements distributes housewares and toys in which it provisionally accepts under the Settlement Agreement and Order Puerto Rico, and sells those products in Consumer Product Safety Act in the In the Matter of Howland Caribbean Puerto Rico. Approximately 45 percent Federal Register in accordance with the Corporation a corporation. of its sales are from toys. terms of 16 CFR 1118.20(e)–(h). 1. Howland Caribbean Corporation II. Allegations of the Staff Published below is a provisionally- (hereinafter, ‘‘Howland’’), a corporation, A. Toys accepted Settlement Agreement with enters into this Settlement Agreement Howland Caribbean Corporation, a and Order with the staff of the 4. On eight occasions between July 23, corporation. Consumer Product Safety Commission, 1991, and October 10, 1993, Howland DATES: Any interested person may ask and agrees to the entry of the Order caused the introduction into interstate the Commission not to accept this described herein. The purpose of the commerce of 10 kinds of toys consisting agreement or otherwise comment on its Settlement Agreement and Order is to of approximately 6,600 units intended contents by filing a written request with settle the staff’s allegations that for use by children under 3 years of age. the Office of the Secretary by August 1, Howland knowingly caused the All the toys were purchased through 1995. introduction into interstate commerce of same exporter, Swatow International, ADDRESSES: Persons wishing to certain banned hazardous toys and Ltd., but were manufactured by, and comment on this Settlement Agreement rattles, in violation of section 4(a) of the purchased from, different should send written comments to the Federal Hazardous Substances Act, 15 manufacturers. These toys are identified Comment 95–C0013, Office of the U.S.C. 1263(a). and described below: Sample No. Product Entry date Units M±807±1704 ...... Happy Loco ...... 07/23/91 480 P±807±2057 ...... Pull-Along-Funny Telephone ...... 09/17/91 720 P±807±2068 ...... Old Timer Car Pull Toy ...... 10/06/91 72 P±807±2081 ...... Choo Choo Phone ...... 10/17/91 96 P±807±2082 ...... Push Telephone ...... 10/17/91 480 R±800±2050 ...... Happy Hippo Trolley Car ...... 08/17/92 72 R±800±2051 ...... Funny Plane ...... 08/17/92 360 R±800±2718 ...... Musical Sand Buggy ...... 07/10/93 360 R±800±2722 ...... Maracas ...... 07/14/93 2880 R±800±2086; R±800±2087; R±800±2088 ...... Press-Go-Mobile Toys (Police Car, Fire Truck, and Pick- 10/10/93 1080 Up Truck). 5. The toys identified in paragraph 4 15 U.S.C. 1261(s) (choking, aspiration violation of section 4(a) of the FHSA, 15 above are subject to, but failed to and/or ingestion of small parts). U.S.C. 1263(a), for which a civil penalty comply with, the Commission’s Small 7. Each of the toys identified in may be imposed pursuant to section 5(c) Parts Regulation, 16 CFR Part 1501, in paragraph 4 above is a ‘‘hazardous of the FHSA, 15 U.S.C. 1264(c). that when tested under the ‘‘use and substance’’ pursuant to section 2(f)(1)(D) B. Baby Rattles abuse’’ test methods specified in 16 CFR of the FHSA, 15 U.S.C. 1261(f)(1)(D). §§ 1500.51 and 1500.52, (a) one or more 8. Each of the toys identified in 10. On October 17, 1991, Howland parts of each tested toy separated; and paragraph 4 above is a ‘‘banned caused the introduction into interstate (b) one or more of the separated parts hazardous substance’’ pursuant to (a) commerce of 1,296 units of a plastic from each of the tested toys fit section 2(q)(1)(A) of the FHSA, 15 baby rattle (‘‘Rattle’’), purchased completely within the small parts test U.S.C. 1261(q)(1)(A) (any toy or other through Swatow International, Ltd. cylinder, as set forth in 16 CFR § 1501.4. article intended for use by children (Sample No. P–807–2083). 6. Because the separated parts fit which bears or contains a hazardous 11. When tested under the methods completely within the test cylinder as substance); and (b) 16 CFR and procedures prescribed in 16 CFR described in paragraph 6 above, each of § 1500.18(a)(9). § 1500.51, the handle of the rattle the toys identified in paragraph 5 above 9. Howland knowingly caused the entered and penetrated the full depth of presents a ‘‘mechanical hazard’’ within introduction into interstate commerce of the cavity of the test fixture specified in the meaning of section 2(s) of the FHSA, the aforesaid banned hazardous toys, in 16 CFR § 1510.4. 36404 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 12. Pursuant 16 CFR § 1500.18(a)(15), not constitute an admission by Howland By: the Rattle presents a ‘‘mechanical that it knowingly violated the FHSA; T.G. Howland, hazard’’ (i.e., choking, aspiration, and/or and, upon final acceptance by the President, Howland Caribbean Corporation. ingestion of small parts) within the Commission, shall settle finally all Commission Staff. meaning of section 2(s) of the FHSA, 15 allegations by the staff of violations of David Schmeltzer, U.S.C. 1261(s), because it failed to the FHSA by Howland of which the staff comply with 16 CFR § 1510.4. has knowledge as of the date of Assistant Executive Director, Office of Compliance. 13. The Rattle is a ‘‘hazardous execution of this Settlement Agreement. substance’’ pursuant to section 2(f)(1)(D) Eric L. Stone, of the FHSA, 15 U.S.C. 1261(f)(1)(D), 19. Upon provisional acceptance of Acting Director, Division of Administrative because it is a toy or other article this Settlement Agreement and Order by Litigation, Office of Compliance. intended for use by children which the Commission, this Settlement Dated: June 12, 1995. Agreement and Order shall be placed on presents a ‘‘mechanical hazard’’ under By: 16 CFR § 1500.18(a)(15). the public record and shall be published Earl A. Gershenow, 14. The Rattle is a ‘‘banned hazardous in the Federal Register in accordance substance’’ pursuant to section with the procedures set forth in 16 CFR Trial Attorney, Division of Administrative Litigation, Office of Compliance. 2(q)(1)(A) of the FHSA, 15 U.S.C. § 1118.20(e)–(h). If the Commission does 1261(q)(1)(A), because it is a toy or other not receive any written request not to [CPSC Docket No. 95–C0013] article intended for use by children accept the Settlement Agreement and Order which bears or contains a hazardous Order within 15 days, the Settlement substance. In the Matter of Howland Caribbean Agreement and Order shall be deemed Corporation, a corporation. 15. Howland knowingly caused the finally accepted on the 16th day after introduction into interstate commerce of the date it is published in the Federal Upon consideration of the Settlement the aforesaid banned hazardous Rattle is Register. Agreement entered into between a violation of section 4(a) of the FHSA, respondent Howland Caribbean 15 U.S.C. 1263(a), for which a civil 20. Upon final acceptance by the Corporation, a corporation, and the staff penalty may be imposed pursuant to Commission of this Settlement of the Consumer Product Safety section 5(c) of the FHSA, 15 U.S.C. Agreement and Order, the Commission Commission; and the Commission 1264(c). shall issue the attached Order. having jurisdiction over the subject III. Response of Howland Caribbean 21. Upon final acceptance this matter and Howland Caribbean Corporation Settlement Agreement and Order and Corporation; and it appearing that the the issuance of the Final Order by the Settlement Agreement and Order is in 16. Howland denies the allegations of the public interest, it is the staff set forth in paragraphs 4 Commission, Howland knowingly, through 15, and alleges that it never voluntarily, and completely waives any Ordered, that the Settlement knowingly introduced or caused the rights it may have in this matter (1) to Agreement and Order be and hereby is introduction into interstate commerce of an administrative or judicial hearing, (2) accepted, as indicated below; and it is banned hazardous toys and rattles in to judicial review or other challenge or Further ordered, that upon final violation of the FHSA, as alleged by the contest of the validity of the acceptance of the Settlement Agreement staff. Howland further alleges that in Commission’s actions, (3) to a and Order, Howland Caribbean each instance specified in paragraphs 4 determination by the Commission as to Corporation shall pay to the and 10, above, the firm acted on a whether Howland failed to comply with Commission a civil penalty in the reasonable belief either that each the FHSA as aforesaid, (4) to a statement amount of seventy-five thousand dollars product was not intended for children of findings of fact and conclusions of and 00/100 ($75,000.00) in three under the age of three or that it law, and (5) to any claims under the payments: Twenty-five thousand and otherwise complied with the CPSC’s Equal Access to Justice Act. 00/100 dollars ($25,000.00) within twenty (20) days after service on safety standards. Howland further 22. For purposes of section 6(b) of the alleges that in each instance, the firm Howland Caribbean Corporation of the CPSA, 15 U.S.C. 2055(b), this matter Final Order accepting the Settlement fully cooperated with the staff and took shall be treated as if a complaint had the necessary actions to assure that none Agreement, twenty-five thousand and issued; and, the Commission may of the toys or rattles were distributed in 00/100 dollars ($25,000.00) within one publicize the terms of the Settlement the Commonwealth of Puerto Rico, or in year from the date of the first payment, the United States. Agreement and Order. and twenty-five thousand and 00/100 23. A violation of the Order shall dollars ($25,000.00) within two years IV. Agreement of the Parties subject Howland to appropriate legal from the date of the first payment. 17. The Consumer Product Safety action. Payment of the full amount of the civil Commission has jurisdiction over penalty shall settle fully the staff’s 24. Agreements, understandings, Howland and the subject matter of this allegations set forth in paragraphs 5 representations, or interpretations made Settlement Agreement and Order under through 16 of the Settlement Agreement the Consumer Product Safety Act, 15 outside of this Settlement Agreement and Order that Howland Caribbean U.S.C. 2051 et seq., and the Federal and Order may not be used to vary or Corporation violated the FHSA. Upon Hazardous Substances Act, 15 U.S.C. to contradict its terms. failure by Howland Caribbean 1261 et seq. 25. The provisions of the Settlement Corporation to make payment or upon 18. The Commission does not make Agreement and Order shall apply to the making of a late payment by any determination that Howland Howland and each of its successors and Howland Caribbean Corporation (a) the knowingly violated the FHSA or the assigns. entire amount of the civil penalty shall CPSA. The Commission and Howland be due and payable, and (b) interest on agree that this Agreement is entered into Respondent Howland Caribbean Corporation. the outstanding balance shall accrue for the purposes of settlement only; does Dated: June 5, 1995. and be paid at the federal legal rate of Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36405 interest under the provisions of 28 The mission of the Defense Science Affected Public: Individuals or U.S.C. 1961 (a) and (b). Board is to advise the Secretary of households; Business or other for profit; Provisionally accepted and Defense through the Under Secretary of Not-for-profit institutions; Farms; State, Provisional Order issued on the 10th Defense (Acquisition & Technology) on local, or tribal government. day of July, 1995. research, scientific, technical, and Frequency: On occasion. By Order of the Commission. manufacturing matters as they affect the Respondent’s Obligation: Voluntary. Sadye E. Dunn, perceived needs of the Department of OMB Desk Officer: Mr. Timothy G. Defense. At this meeting the Task Force Hunt. Secretary, Consumer Product Safety Commission. will examine a cross section of scientific Written comments and areas with an eye to identifying recommendations on the proposed [FR Doc. 95–17376 filed 7–14–95; 8:45 am] potentially high payoff research that information collection should be sent to BILLING CODE 6355±01±M should be pursued by the Advanced Mr. Hunt at the Office of Management Research Projects Agency (ARPA) and Budget, Desk Officer for DoD, Room directly, or in collaboration with other 10202, New Executive Office Building, DEPARTMENT OF DEFENSE elements of the Department of Defense. Washington, DC 20503. In accordance with section 10(d) of DOD Clearance Officer: Mr. William Office of the Secretary the Federal Advisory Committee Act, Pearce. Pub. L. No. 92–463, as amended (5 Written requests for copies of the Defense Science Board Task Force on U.S.C. App. II, (1988)), it has been information collection proposal should Combat Identification; Notice of determined that this DSB Task Force be sent to Mr. Pearce, WHS/DIOR, 1215 Advisory Committee Meetings meeting concerns matters listed in 5 Jefferson Davis Highway, Suite 1204, SUMMARY: The Defense Science Board U.S.C. 552b(c)(4) (1988), and that Arlington, VA 22202–4302. Task Force on Combat Identification accordingly this meeting will be closed Dated: July 11, 1995. will meet in closed session on July 26– to the public. Patricia L. Toppings, 27, 1995 at the MITRE Corporation, Dated: July 11, 1995. Alternate OSD Federal Register Liaison Bedford, Massachusetts. In order for the Patricia L. Toppings, Officer, Department of Defense. Task Force to obtain time sensitive Alternate OSD Federal Register Liaison [FR Doc. 95–17460 Filed 7–14–95; 8:45 am] classified briefings, critical to the Officer, Department of Defense. BILLING CODE 5000±04±M understanding of the issues, this [FR Doc. 95–17462 Filed 7–14–95; 8:45 am] meeting is scheduled on short notice. BILLING CODE 5000±04±M The mission of the Defense Science DEPARTMENT OF DEFENSE Board is to advise the Secretary of Defense (Acquisition and Technology) Public Information Collection GENERAL SERVICES on scientific and technical matters as Requirement Submitted to the Office of ADMINISTRATION they affect the perceived needs of the Management and Budget (OMB) for Department of Defense. At this meeting Review NATIONAL AERONAUTICS AND the Task Force will evaluate the DoD SPACE ADMINISTRATION long term strategy and plan for The Department of Defense has development and fielding of a submitted to OMB for clearance, the OMB Clearance Request for Standard comprehensive situational awareness following proposal for collection of Form XXXX, Solicitation/Contract/ (SA) and combat identification (CID) information under the provisions of the Order for Commercial Items (FAR Case architecture. Paperwork Reduction Act (44 U.S.C. 94±790) In accordance with Section 10(d) of Chapter 35). the Federal Advisory Committee Act, Title: Questionnaires for U.S. Army AGENCIES: Department of Defense (DOD), P.L. No. 92–463, as amended (5 U.S.C. Corps of Engineers Planning Studies. General Services Administration (GSA), App. II, (1988)), it has been determined Type of Request: Expedited and National Aeronautics and Space that this DSB Task Force meeting Processing—Approval date requested: Administration (NASA). concerns matters listed in 5 U.S.C. 30 days following publication in the ACTION: Notice of request for an 552b(c)(1) (1988), and that accordingly Federal Register. extension to an existing OMB clearance this meeting will be closed to the Number of Respondents: 6,400. (9000–0136). public. Responses per Respondent: 1. Annual Responses: 6,400. SUMMARY: Under the provisions of the Dated: July 11, 1995. Paperwork Reduction Act of 1980 (44 Patricia L. Toppings, Average Burden per Response: 30 minutes. U.S.C. 3501), the Federal Acquisition Alternate OSD Federal Register Liaison Regulation (FAR) Secretariat has Officer, Department of Defense. Annual Burden Hours (Including Recordkeeping: 3,700. submitted to the Office of Management [FR Doc. 95–17461 Filed 7–14–95; 8:45 am] Needs and Uses: The Corps of and Budget (OMB) a request to review BILLING CODE 5000±04±M Engineers uses these surveys for and approve an extension of a currently collecting primary information from the approved information collection requirement concerning Standard Form Defense Science Board Task Force on public, concerning use of, and involvement in, Corps of Engineers XXXX, Solicitation/Contract/Order for Breakthrough Technologies; Notice of Commercial Items. Advisory Committee Meetings activity. These planning surveys will gather data from the public on flood DATES: Comments may be submitted on SUMMARY: The Defense Science Board damage, navigation, the environment, or before September 15, 1995. Task Force on Breakthrough customer satisfaction, and public FOR FURTHER INFORMATION CONTACT: Technologies will meet in closed participation. The information collected Beverly Fayson, Office of Federal session on August 5–6, 1995 in Irvine, hereby, will be used for planning, Acquisition Policy, GSA (202) 501– California. program evaluation, and basic research. 4755. 36406 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices SUPPLEMENTARY INFORMATION: 9000–0136 regarding Standard Form adequate price competition as required A. Purpose XXXX, Solicitation/Contract/Order for by the Act. Commercial Items, FAR case 94–790, in Also, FAR coverage has been included The Federal Acquisition Streamlining all correspondence. that addresses (1) ‘‘information other Act of 1994 included Title VIII, entitled than cost or pricing data’’, (2) Commercial Items. The title made Dated: July 11, 1995. Edward C. Loeb, exemptions based on established catalog numerous additions and revisions to or market price, (3) inter-divisional Deputy Project Manager for the both the civilian agency and Armed transfers of commercial items at price, Service acquisition statutes to encourage Implementation of the Federal Acquisition Streamlining Act of 1994. and (4) price competition when only and facilitate the acquisition of one offer has been received. commercial items and services by [FR Doc. 95–17441 Filed 7–14–95; 8:45 am] Federal Government agencies. BILLING CODE 6820±34±M B. Annual Reporting Burden The proposed revisions include a new Public reporting burden for this form, Standard Form XXXX, collection of information is estimated to Solicitation/Contract/Order for [OMB Control No. 9000±0013; FAR Case 94± average 4 hours per response, including 721] Commercial Items. The form would the time for reviewing instructions, replace several existing ‘‘cover page’’ searching existing data sources, forms on solicitations, orders, and Clearance Request for Cost or Pricing Data and Exemption Information gathering an maintaining the data contracts for commercial items and needed, and completing and reviewing services. It is designed to facilitate AGENCIES: Department of Defense (DOD), the collection of information. Send incorporation of the contract clauses General Services Administration (GSA), comments regarding this burden required for commercial items in and National Aeronautics and Space estimate or any other aspect of this solicitations, orders, and contracts. The Administration (NASA). collection of information, including new form would substitute for those ACTION: Notice of request for an suggestions for reducing this burden, to ‘‘cover page’’ forms on a one-for-one extension to an existing OMB clearance General Services Administration, FAR basis, and is not intended to impose any (9000–0013). Secretariat, 18th & F Streets NW., Room additional burden on firms that do 4037, Washington, DC 20405, and to the business with the Federal Government. SUMMARY: Under the provisions of the FAR Desk Officer, Office of Information The net effect of the entirety of the Paperwork Reduction Act of 1980 (44 and Regulatory Affairs, Office of proposed revisions (including the new U.S.C. 3501), the Federal Acquisition Management and Budget, Washington, form) is likely to reduce the burden on Regulation (FAR) Secretariat has DC 20503. Government contractors. submitted to the Office of Management The annual reporting burden is Information will be used by Federal and Budget (OMB) a request to review estimated as follows: Respondents, agencies to facilitate the acquisition of and approve an extension of a currently 14,633; responses per respondent, 6; commercial items and services. approved information collection total annual responses, 87,798; B. Annual Reporting Burden requirement concerning Cost or Pricing preparation hours per response, 3.89; Data and Exemption Information. Public reporting burden for this and total response burden hours, collection of information is estimated to FOR FURTHER INFORMATION CONTACT: 341,534. average 45 minutes per response, Beverly Fayson, Office of Federal OBTAINING COPIES OF PROPOSALS: including the time for reviewing Acquisition Policy, GSA (202) 501– Requester may obtain copies of OMB instructions, searching existing data 4755. applications or justifications from the sources, gathering and maintaining the SUPPLEMENTARY INFORMATION: General Services Administration, FAR data needed, and completing and Secretariat (VRS), Room 4037, reviewing the collection of information. A. Purpose Washington, DC 20405, telephone (202) Send comments regarding this burden FAR case 94–721 implements 501–4755. Please cite OMB Control No. estimate or any other aspect of this Sections 1201 through 1210 and 9000–0013, Cost or Pricing Data and collection of information, including Sections 1251 and 1252 of the Federal Exemption Information, FAR case 94– suggestions for reducing this burden, to Acquisition Streamlining Act of 1994 721, Truth in Negotiations Act and General Services Administration, FAR (the Act). It was published as a Related Changes, in all correspondence. Secretariat, 18th & F Streets, NW., Room proposed rule on January 6, 1995 (60 FR Dated: July 11, 1995. 4037, Washington, DC 20405, and to the 2282). Highlights include making TINA Edward C. Loeb, FAR Desk Officer, Office of Information requirements for civilian agencies Deputy Project Manager for Implementation and Regulatory Affairs, Office of substantially the same as those for the of the Federal Acquisition Streamlining Act Management and Budget, Washington, Department of Defense (increasing the of 1994. DC 20503. threshold for submission of ‘‘cost or [FR Doc. 95–17442 Filed 7–14–95; 8:45 am] The annual reporting burden is pricing data’’ to $500,000 and adding BILLING CODE 6820±34±M estimated as follows: Respondents, penalties for defective pricing). 500,000; responses per respondent, 20; Provisions are also included that total annual responses, 10,000,000; increase the threshold for cost or pricing preparation hours per response, .75; and data submission every 5 years beginning DEPARTMENT OF EDUCATION total response burden hours, 7,500,000. October 1, 1995. New exceptions are OBTAINING COPIES OF PROPOSALS: added to the requirement for the National Assessment Governing Requester may obtain copies of OMB submission of ‘‘cost or pricing data’’ for Board; Meeting applications or justifications from the commercial items; approval levels for AGENCY: National Assessment General Services Administration, FAR waivers are changed, and prohibitions Governing Board; Education. Secretariat (VRS), Room 4037, are placed on acquiring ‘‘cost or pricing ACTION: Notice of partially closed Washington, DC 20405, telephone (202) data’’ when an exception applies. The meeting. 501–4755. Please cite OMB clearance coverage includes a clear explanation of Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36407 SUMMARY: This notice sets forth the a proposed agency action if conducted approval of the agenda, the Executive schedule and proposed agenda of a in open session. Such matters are Director’s Report, and update on NAEP forthcoming meeting of the National protected by exemption 9(B) of section activities. Between 10 A.M. and 12 Assessment Governing Board. This 552b(c) of Title 5 U.S.C. noon, there will open meetings of the notice also describes the functions of Beginning at 2 P.M. until following subcommittees: Design and the Board. Notice of this meeting is adjournment, 3 P.M., the Executive Methodology, Reporting and required under section 10(a)(2) of the Committee will meet in open session to Dissemination, and Subject Area Federal Advisory Committee Act. This hear an update on the NAGB planning Committee #1. The Design and document is intended to notify the initiative activities and to discuss the Methodology Committee will hear general public of their opportunity to special provisions for testing students updates on below state assessments, the attend. with disabilities and with limited 1996 NAEP assessment design, and the DATES: August 3–5, 1995. English proficiency. Technical Review Panel studies planned TIME: August 3, 1995—Executive Also on August 3, there will be closed for 1996 and beyond. Committee, 10 A.M.–1:30 P.M. (closed), meetings of the Achievement Levels Agenda items for the Reporting and Committee from 4 P.M. to 6 P.M., SAC Dissemination Committee include 2 P.M.–3 P.M. (open); Achievement # Levels Committee, 4 P.M.–6 P.M. 2 from 4 P.M.–8 P.M., and the consideration of Board policy on public (closed); Subject Area Committee #2, 4 Nominations Committee from 6 P.M.–8 access to NAEP background and P.M.–8 P.M. (closed); Nominations P.M. The Achievement Levels cognitive questions; plans for release of Committee, 6 P.M.–8 P.M. (closed). Committee will be examining and NAEP reports; and testing of students August 4, 1995—Full Board, 9 A.M.–10 discussing unreleased NAEP data (cut with disabilities and limited English scores, percent of students at or above proficiency. A.M. (open); Design and Methodology # Committee, Reporting and the levels, and test items) in the process Subject Area Committee 1 will hear Dissemination Committee, and Subject of making their decisions about the 1994 a progress report from the contractor on levels in history and geography. The the plans for the civics assessment. Area Committee #1, 10 A.M.–12 Noon discussion will include references to Beginning at 12 noon, until 2:30 P.M., (open); Full Board, 12 Noon–2:30 P.M. specific items from the assessments, the the full Board will meet in closed (closed); 2:30 P.M.–5 P.M. (open); and disclosure of which might significantly session. The Board will hear a report on 6:30 P.M.–8:30 P.M. (closed). August 5, frustrate implementation of the NAEP. the 1994 achievement levels in history 1995—Full Board, 9 A.M.–11:45 A.M. This session mist be closed to the public and geography which will include (open), 11:45 A.M.–until adjournment, because reference may be made to data references to specific items from the approximately 12 Noon (closed). which may be misinterpreted, incorrect, assessment. This portion of the meeting LOCATION: The Ritz-Carlton Hotel— or incomplete. Premature disclosure of must be closed because reference may Pentagon City, 1250 South Hayes Street, this data might significantly frustrate be made to data which may be Arlington, Virginia. implementation of a proposed agency misinterpreted, incorrect, or incomplete. FOR FURTHER INFORMATION CONTACT: action. Such matters are protected by Premature disclosure of these data Mary Ann Wilmer, Operations Officer, exemption 9(B) of section 552b(c) of might significantly frustrate National Assessment Governing Board, Title 5 U.S.C. implementation of a proposed agency Suite 825, 800 North Capitol Street, SAC #2 will be considering test items action. Such matters are protected by NW., Washington, D.C. 20002–4233, for inclusion in the 1996 assessments of exemption 9(B) of Section 552b(c) of Telephone: (202) 357–6938. mathematics and science. The review Title 5 U.S.C. SUPPLEMENTARY INFORMATION: The and subsequent discussions will include The meeting will be open from 2:30 National Assessment Governing Board references to specific items for these P.M. until 5 P.M. when the Board will is established under section 412 of the assessments, the disclosure of which hear an update on the civics framework, National Education Statistics Act of might significantly frustrate NAGB Planning Initiative and 1994 (Title IV of the Improving implementation of the NAEP. Premature presentations by authors of America’s Schools Act of 1994) (Pub. L. disclosure of this data might commissioned papers. 103–382). significantly frustrate implementation of At 6:30 P.M., until 8:30 P.M., the The Board is established to formulate a proposed agency action. Such matters Board will reconvene in closed session policy guidelines for the National are protected by exemption 9(B) of to consider candidates for nomination to Assessment of Educational Progress. section 552b(c) of Title 5 U.S.C. the Board. Discussion of the candidates’ The Board is responsible for selecting The Nominations Committee will qualifications relates solely to the subject areas to be assessed, developing review and discuss the qualifications of internal rules and practices of an agency assessment objectives, identifying nominees for filling potential vacancies and will disclose information of a appropriate achievement goals for each in Board membership. The review and personal nature where disclosure would grade and subject tested, and subsequent discussions of this constitute a clearly unwarranted establishing standards and procedures information relate solely to the internal invasion of personal privacy if for interstate and national comparisons. rules and practices of an agency and conducted in open session. Such On August 3, the Executive will disclose information of a personal matters are protected by exemptions (2) Committee of the National Assessment nature where disclosure would and (6) of Section 552b(c) of Title 5 Governing Board will meet in closed constitute a clearly unwarranted U.S.C. session from 10 A.M. to 1:30 P.M. The invasion of personal privacy if On August 5, at 9 A.M., the full Board Committee will meet to discuss the conducted in open session. Such will reconvene. The Board will meet in development of cost estimates for NAEP matters are protected by exemptions (2) open session from 9 A.M. through and future contract initiatives. Public and (6) of section 552b(c) of Title 5 adjournment, approximately 12 noon. disclosure of this information would U.S.C. The agenda for the open session likely have an adverse financial effect On August 4, the full Board will includes a presentation by Kati Haycock on the NAEP program. The discussion convene in open session from 9 A.M. to of the American Association for Higher of this information would be likely to 10 A.M. The agenda for this session of Education on Using NAEP Data and significantly frustrate implementation of the full Board meeting includes reports from the Board’s standing 36408 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices subcommittees—Subject Area #1, SUPPLEMENTARY INFORMATION: The ELO Participation Agreement Subject Area #2, Achievement Levels, Federal Perkins Loan Program provides Delivered By Mail: An ELO Participation Reporting and Dissemination, Design low-interest loans to financially needy Agreement delivered by mail must be and Methodology, and the Executive students attending institutions of higher addressed to the U.S. Department of Committee. education to help them pay their Education, Student Financial Assistance The Board will hear the Nominations educational costs. The ELO is available Programs, Institutional Financial Committee report during the closed for the 1995–96 award year for Management Division, Campus-Based session, beginning at 11:45 A.M. to institutions of higher education that Financial Operations Branch, 600 approximately 12:00 noon, and consider participate in the Federal Perkins Loan Independence Avenue, S.W., Room the recommendations of candidates for Program. 4714, Regional Office Building 3, Board membership. Discussion of the To be eligible to participate in the Washington, DC 20202–5458. candidates’ qualifications relates solely Federal Perkins Loan Program ELO for An institution must show proof of to the internal personnel rules and 1995–96, an institution must have had mailing its ELO Participation Agreement practices of an agency and will disclose a Federal Perkins Loan cohort default by the closing date. Proof of mailing information of a personal nature where rate of 15 percent or less as of June 30, consists of one of the following: (1) A disclosure would constitute a clearly 1994, and must have participated in the legible mail receipt with the date of unwarranted invasion of personal Federal Perkins Loan Program for the mailing stamped by the U.S. Postal privacy if conducted in open session. two previous award years (1993–94 and Service, (2) a legibly dated U.S. Postal Such matters are protected by 1994–95). In addition, an institution Service postmark, (3) a dated shipping exemptions (2) and (6) of the Section must enter into a special ELO label, invoice, or receipt from a 552b(c) of Title 5 U.S.C. Participation Agreement with the commercial carrier, or (4) any other Summaries of the activities of the Secretary. An institution that elects to proof of mailing acceptable to the U.S. closed sessions and related matters, participate in the ELO must complete, Secretary of Education. which are informative to the public and sign, date and submit the ELO If an ELO Participation Agreement is consistent with the policy of section 5 Participation Agreement by the closing sent through the U.S. Postal Service, the U.S.C. 552b, will be available to the date to obtain approval. Secretary does not accept either of the public within 14 days after the meeting. Institutions that become Federal following as proof of mailing: (1) A Records are kept of all Board Perkins Loan Program ELO participants private metered postmark, or (2) a mail proceedings and are available for public will be required to increase the Service does not uniformly provide a inspection at the U.S. Department of Institutional Capital Contribution (ICC) dated postmark. Before relying on this Education, National Assessment to at least a dollar-for-dollar match with method, an institution should check Governing Board, Suite 825, 800 North any portion of the 1995–96 award year with its local post office. An institution Capitol Street, N.W., Washington, D.C., Federal Capital Contribution (FCC) is encouraged to use certified or at least from 8:30 A.M. to 5 P.M. received. Only new FCC received on or first-class mail. after July 1, 1995, would be matched at ELO Participation Agreement Dated: July 12, 1995. the increased rate. Institutions would Delivered by Hand and Commercial Roy Truby, not match funds received prior to July Delivery Services: An ELO Participation Executive Director, National Assessment 1, 1995, at the higher rate. Institutions Agreement delivered by hand must be Governing Board. receiving no new FCC for the 1995–96 delivered to the U.S. Department of [FR Doc. 95–17470 Filed 7–14–95; 8:45 am] award year may still elect to participate Education, Student Financial Assistance BILLING CODE 4000±01±M in the Federal Perkins Loan Program Programs, Institutional Financial ELO. Management Division, Campus-Based Institutions that become Federal Financial Operations Branch, 7th and D Office of Postsecondary Education Perkins Loan Program ELO participants Streets, S.W., Room 4714 Regional Notice of Deadline for Submission of may make loans to eligible students at Office Building 3, Washington D.C. Institutional Agreement for higher maximum annual and aggregate Hand-delivered ELO Participation Participation in the Federal Perkins limits than is the case with Agreements will be accepted between 8 Loan Program Expanded Lending nonparticipating institutions. ELO a.m. and 4:30 p.m. daily (Eastern Option participating institutions that do not Daylight Time), except Saturdays, ultimately make any loans at the higher Sundays, and Federal holidays. An ELO AGENCY: Department of Education. ELO levels for the 1995–96 award year Participation Agreement that is hand- ACTION: Notice of deadline for must still honor the ELO Participation delivered will not be accepted after 4:30 submission of institutional agreement Agreement to deposit in the Federal p.m. on the closing date. for participation in the Federal Perkins Perkins Loan Program Fund an ICC at Applicable Regulations: The Loan Program Expanded Lending least equal to the 1995–96 award year following regulations apply to this Option. FCC deposited into the Fund. All other program: administrative procedures would Student Assistance General Provisions, SUMMARY: This notice establishes the remain the same as for institutions not 34 CFR part 668. deadline for submission of the participating in the Federal Perkins Federal Perkins Loan Program, 34 CFR ‘‘Institutional Agreement For Loan Program ELO. part 674. Participation In the Federal Perkins DATES: Closing Date for Transmittal of Federal Work-Study Program, 34 CFR Loan Program Expanded Lending ELO Participation Agreement: To ensure part 675. Option (ELO)’’ (ELO Participation participation in the Federal Perkins Federal Supplemental Educational Agreement) by those eligible institutions Loan Program ELO in the 1995–96 Opportunity Grant Program, 34 CFR that elect to participate in the Federal award year, an eligible institution that part 676. Perkins Loan Program ELO in the 1995– elects to participate must submit its ELO Institutional Eligibility Under the 96 award year (the period from July 1, Participation Agreement by August 16, Higher Education Act of 1965, as 1995 through June 30, 1996). 1995. amended, 34 CFR part 600. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36409 Federal Family Educational Loan Comment date: July 25, 1995, in 6. Premier Enterprises, Inc. Program, 34 CFR part 682. accordance with Standard Paragraph E [Docket No. ER95–1123–000] New Restrictions on Lobbying, 34 CFR at the end of this notice. part 82. Take notice that on July 5, 1995, 2. Smithfield Foods, Inc. v. Carolina Premier Enterprises, Inc. tendered for Government-wide Debarment and Power & Light Company filing an amendment to its May 31, Suspension (Non-procurement) and [Docket No. EL95–60–000] 1995, filing in the above-referenced Government-wide Requirements for docket. Drug-Free Workplace (Grants), 34 CFR Take notice that on June 28, 1995, Comment date: July 25, 1995, in part 85. Smithfield Foods, Inc. (Smithfield), accordance with Standard Paragraph E FOR FURTHER INFORMATION CONTACT: For tendered for filing a complaint against at the end of this notice. information concerning ELO Carolina Power & Light (CP&L) Participation Agreement submissions, Company stating that certain rates 7. Southwestern Public Service contact Sandra Donelson, Financial charged by CP&L are unjust, Company Management Specialist, Campus-Based unreasonable, unduly discriminatory, [Docket No. ER95–1129–000] and anticompetitive. Financial Operations Branch, Take notice that on July 6, 1995, Institutional Financial Management Comment date: August 10, 1995, in Southwestern Public Service Company Division, Office of Postsecondary accordance with Standard Paragraph E tendered for filing an amendment to its Education, 600 Independence Avenue, at the end of this notice. May 31, 1995 filing in the above- S.W. (Room 4714, ROB–3), Washington, 3. Katex Energy Ventures, Inc. referenced docket. DC 20202–5452. Telephone: 202–708– Comment date: July 25, 1995, in 9751. [Docket No. ER95–295–002] accordance with Standard Paragraph E For technical assistance concerning Take notice that on June 19, 1995, at the end of this notice. the Federal Perkins Loan Program ELO, Katex Energy Ventures, Inc. tendered for 8. NAP Trading and Marketing, Inc. contact Susan Morgan, Chief, Campus- filing a Notice of Secession for power Based Loan Programs Section, or Sylvia marketing waivers, blanket [Docket No. ER95–1278–000] R. Ross, Program Specialist, Policy authorizations, and order approving rate Take notice that on June 28, 1995, Development Division, Student schedule. NAP Trading and Marketing, Inc. (NAP) Financial Assistance Programs, Office of petitioned the Commission for Postsecondary Education, U.S. Comment date: July 25, 1995, in acceptance of NAP Rate Schedule FERC Department of Education, Telephone: accordance with Standard Paragraph E No. 1; the granting of certain blanket 202–708–8242. Individuals who use a at the end of this notice. approvals, including the authority to telecommunications device for the deaf 4. Conowingo Power Company sell electricity at market-based rates; (TDD) may call the Federal Information [Docket No. ER95–555–000] and the waiver of certain Commission Relay Service (FIRS) at 1–800–877–8339 Regulations. between 8 a.m. and 8 p.m., Eastern time, Take notice that on June 27, 1995, NAP intends to engage in wholesale Monday through Friday. Conowingo Power Company (COPCO) electric power and energy purchases (Catalog of Federal Domestic Assistance tendered for filing a letter stating that COPCO and Delmarva Power & Light and sales as a marketer. NAP is not in Numbers: 84.038, Federal Perkins Loan the business of generating, transmitting, Program) Company (Delmarva) were merged on June 19, 1995. COPCO states that the or distributing electric power. NAP is a Dated: July 11, 1995. direct wholly-owned subsidiary of David A. Longanecker, instant docket relates to the cancellation of two contracts between Delmarva and North American Power Group, Ltd, Assistant Secretary for Postsecondary which, through other subsidiaries, owns Education. COPCO to be effective as of the date of the merger. and operates non-utility generating [FR Doc. 95–17454 Filed 7–14–95; 8:45 am] facilities and related business ventures Comment date: July 25, 1995, in BILLING CODE 4000±01±P in the United States. accordance with Standard Paragraph E Comment date: July 25, 1995, in at the end of this notice. accordance with Standard Paragraph E DEPARTMENT OF ENERGY 5. Southwestern Public Service at the end of this notice. Company 9. Montana Power Company Federal Energy Regulatory [Docket No. ER95–1069–000] Commission [Docket No. ER95–1294–000] Take notice that Southwestern Public Take notice that on June 30, 1995, [Docket No. ER95±144±001, et al.] Service Company (Southwestern) on Montana Power Company (Montana) July 3, 1995, tendered for filing a Allegheny Generating Company, et al.; tendered for filing a Notice of proposed amendment to its rate Termination of Montana Rate Schedule Electric Rate and Corporate Regulation schedule for service to Central Valley Filings FPC No. 3 between Montana and Idaho Electric Cooperative, Inc. (Central Power Company. July 11, 1995. Valley). Comment date: July 25, 1995, in Take notice that the following filings The proposed amendment reflects accordance with Standard Paragraph E have been made with the Commission: changes in the maximum commitment at the end of this notice. at several delivery points, removes a 1. Allegheny Generating Company delivery point, and adds an additional 10. Market Responsive Energy, Inc. [Docket No. ER95–144–001] delivery point for service to Central [Docket No. ER95–1295–000] Take notice that on June 8, 1995, Valley. Take notice that on June 30, 1995, Allegheny Generating Company Comment date: July 25, 1995, in Market Responsive Energy, Inc. tendered for filing its refund report in accordance with Standard Paragraph E tendered for filing a petition for waivers, the above-referenced docket. at the end of this notice. blanket approvals, disclaimer of 36410 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices jurisdiction and order accepting rate commencing with SE95/96 Phase II No. 100 and install and operate 8,500 schedule. service, the firm transportation capacity horsepower of additional compression Comment date: July 25, 1995, in under the project from 165,000 Mcf/d to in lieu of the 6,500 horsepower addition accordance with Standard Paragraph E 170,000 Mcf/d as a result of such certificated in the December 21 Order. at the end of this notice. increased horsepower, and (iii) reduce Transco states that the horsepower the certificated initial rate for Phase II increases and compressor modifications Standard Paragraph service to reflect such increased firm proposed herein will be performed in E. Any person desiring to be heard or transportation capacity under the compliance with the Commission’s to protest said filing should file a project. environmental requirements, including motion to intervene or protest with the Transco states that its SE95/96 the environmental conditions set forth Federal Energy Regulatory Commission, certificate includes the authorization to in Appendix B of the December 21 825 North Capitol Street, N.E., construct and operate 12,600 Order. Washington, D.C. 20426, in accordance horsepower compressor additions at Transco also requests authorization to with Rules 211 and 214 of the Transco’s Station Nos. 90 and 150. increase the firm transportation capacity Commission’s Rules of Practice and Transco states that it contemplated under SE95/96 from 165,000 Mcf/d to Procedure (18 CFR 385.211 and 18 CFR installing compressor units at those 170,000 Mcf/d commencing with Phase 385.214). All such motions or protests stations which equalled 12,600 II service. Transco states that this should be filed on or before the horsepower because those units were additional 5,000 Mcf/d of firm comment date. Protests will be commercially available at the time of its transportation capacity will be created considered by the Commission in original application. However, Transco as a result of the compressor determining the appropriate action to be states that the units now available from modifications described above. The taken, but will not serve to make the manufacturer in this size range are additional capacity will extend from the protestants parties to the proceeding. rated at 14,100 horsepower, and, main line interconnect with the Mobile Any person wishing to become a party therefore, the manufacturers have Bay Lateral to points upstream of must file a motion to intervene. Copies replaced the specified units with 14,100 Transco’s Station No. 140. Pursuant to of this filing are on file with the horsepower units. Thus, Transco will the terms of the Precedent Agreements Commission and are available for public install the 14,100 horsepower units at executed with the SE95/96 shippers, inspection. Station Nos. 90 and 150 instead of the Transco has executed letter agreements Lois D. Cashell, 12,600 horsepower units. Transco states with 12 of the SE95/96 shippers for such additional firm transportation Secretary. that until further certificate authority is received, it will operate the 14,100 service. Those letter agreements require [FR Doc. 95–17449 Filed 7–14–95; 8:45 am] horsepower units at the 12,600 Transco and the shippers to execute, BILLING CODE 6717±01±P horsepower level certificated by the within 30 days after Transco’s receipt Commission in the December 21 Order. and acceptance of the authorizations [Docket No. CP94±109±002, et al.] Transco states that limiting the requested, a restated Rate Schedule FT operation of those units to the 12,600 Service Agreement for service under Transcontinental Gas Pipeline horsepower level, however, will not SE95/96 providing for the increased Corporation, et al.; Natural Gas take advantage of their full operational level of service. Certificate Filings capability. Therefore, Transco requests Transco further states that the initial that it be permitted to operate the units monthly reservation rate of $9.86 per July 10, 1995. up to the 14,100 horsepower level Mcf certificated by the Commission for Take notice that the following filings commencing with the placement into Phase II service was based in part on have been made with the Commission: service of Phase II of the project. billing determinants of 165,000 Mcf/d 1. Transcontinental Gas Pipeline Transco further states that at Station times 12. As a result of the 5,000 Corporation No. 100, Transco is currently authorized Mcf/d of increased firm transportation by the SE95/96 certificate to install and service that Transco will be able to [Docket No. CP94–109–002] operate 6,500 horsepower of additional render under SE95/96 beginning with Take notice that on July 3, 1995, compression in Phase II of the project. Phase II, the billing determinants for Transcontinental Gas Pipe Line Transco now proposes to increase that Phase II service will be increased to Corporation (‘‘Transco’’), Post Office certificated addition by 2,000 170,000 Mcf/d times 12. Based on these Box 1396, Houston, Texas 77251, horsepower, to 8,500 horsepower. revised billing determinants and the pursuant to and in accordance with Transco states that it will accomplish estimated costs, rate design and cost of Section 7(c) of the Natural Gas Act this 8,500 horsepower increase at service factors approved by the (‘‘NGA’’) and Part 157 of the Federal Station No. 100 by (i) derating existing Commission in the December 21 Order, Energy Regulatory Commission’s compressor units 3, 4, 5 and 9 at the Transco requests approval of a revised (‘‘Commission’’) regulations, filed an station by an aggregate amount of 4,000 initial monthly reservation rate of $9.57 application in Docket No. CP94–109– horsepower, and (ii) installing an per Mcf for Phase II service. 002 to amend the certificate of public additional 12,500 NEMA rated Comment date: July 31, 1995, in convenience and necessity issued by the horsepower unit. Transco’s accordance with Standard Paragraph F Commission on December 21, 1994 in determination to derate the existing at the end of this notice. Docket No. CP94–109–000 (‘‘December units is based on actual operating data 2. Pacific Interstate Offshore Company 21 Order’’) authorizing Transco’s 1995/ for the units and the removal of steam 1996 Southeast Expansion Project injection from unit 5 due to water [Docket No. CP95–588–000] (‘‘SE95/96’’). Specifically, Transco shortages experienced at the station. Take notice that on June 29, 1995, requests authorization to (i) increase the The 12,500 horsepower unit is the size Pacific Interstate Offshore Company certificated horsepower of the unit that was furnished by the (PIOC), located at 633 West Fifth Street, compressor additions authorized in the manufacturer. Accordingly, Transco Suite 5200, Los Angeles, CA 90071– December 21 Order at Transco’s Station requests that it be permitted to make 2006, filed in Docket No. CP95–588– Nos. 90, 100 and 150, (ii) increase, these Phase II modifications at Station 000, an application pursuant to Section Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36411 3 of the Natural Gas Act and Sections Lake Meter Station in King County, Bluewater Project for delivery to Koch 153.10–153.12 of the Commission’s Washington, which will have a design Gateway or for Koch Gateway’s account Regulations for Section 3 authorization capacity of 32,450 Dth/d at 400 psig. It at the outlet side of Sea Robin’s meter and a Presidential Permit pursuant to is stated that these facilities, which near Erath. Imbalances in deliveries Executive Order 10485, as amended by would cost $597,900, would be used to were corrected on a monthly basis. The Executive Order 12038, to construct, provide firm deliveries to Washington benefits derived from the exchange of connect, operate, and maintain certain Natural Gas Company under existing volumes were substantially equal and pipeline and metering facilities (the agreements. mutually beneficial, so there was no Border Crossing Facilities) in El Paso Comment date: August 24, 1995, in transportation charge involved. There County, Texas, in the vicinity of the accordance with Standard Paragraph G has been no gas transported under the International Boundary between the at the end of this notice. exchange agreement since July 1991 and United States and the Republic of 4. Columbia Gas Transmission there are no imbalances. Columbia Gulf Mexico. Corporation; Columbia Gulf is currently providing Koch Gateway PIOC states that the Border Crossing Transmission Company; Koch Gateway alternative Part 284 interruptible Facilities will be used to provide natural Pipeline Company transportation services under ITS–1 and gas transportation service from ITS–2 rate schedules filed under Docket upstream pipeline facilities to [Docket No. CP95–600–000] Nos. ST94–5135 and ST92–1926, downstream facilities to be built in Take notice that on July 3, 1995, respectively. Mexico to serve the Samalayuca II gas- Columbia Gas Transmission Corporation Comment date: July 31, 1995, in fired electric generating plant which is (Columbia), 1700 MacCorkle Avenue, accordance with Standard Paragraph F to be located approximately 30 miles S.E., Charleston, West Virginia 25314– at the end of this notice. south of the Cities of Juarez, Mexico, 1599, Columbia Gulf Transmission Standard Paragraphs and El Paso, Texas. PIOC further states Company (Columbia Gulf), 1700 that it will operate the Border Crossing MacCorkle Avenue, S.E., Charleston, F. Any person desiring to be heard or Facilities as ‘‘open access’’ facilities to West Virginia 25314–1599, and Koch to make any protest with reference to be interconnected with upstream Gateway Pipeline Company (Koch said application should on or before the facilities which are not yet constructed. Gateway), formerly United Gas Pipe comment date, file with the Federal If PIOC is successful in negotiating a gas Line Company, 600 Travis Street, Energy Regulatory Commission, transportation agreement with the Houston, Texas 77002, jointly as the Washington, D.C. 20426, a motion to Comision Federal de Electricidad, it will Companies, filed in Docket No. CP95– intervene or a protest in accordance file an application under Section 7(c) of 600–000, an application pursuant to with the requirements of the the Natural Gas Act seeking authority to Section 7(b) of the Natural Gas Act for Commission’s Rules of Practice and construct the upstream pipeline an order granting permission and Procedure (18 CFR 385.214 or 385.211) facilities which will interconnect with approval to abandon a certain exchange and the Regulations under the Natural existing facilities of El Paso Natural Gas service which was once required for Gas Act (18 CFR 157.10). All protests Company. exchange of gas among the Companies. filed with the Commission will be The facilities will have a capacity of The Companies received authority for considered by it in determining the 175 Mmcf/d. PIOC estimates the cost of the exchange service on February 23, appropriate action to be taken but will the proposed facilities to be 1981. The rate schedules for which the not serve to make the protestants parties approximately $792,000. Companies are seeking abandonment to the proceeding. Any person wishing Comment date: July 31, 1995, in authority are as follows: to become a party to a proceeding or to accordance with the first paragraph of participate as a party in any hearing Standard Paragraph F at the end of this therein must file a motion to intervene Docket Volume Rate notice. No. (Mcfd) Company Sched- in accordance with the Commission’s ule Rules. 3. Northwest Pipeline Corporation Take further notice that, pursuant to CP80± 10,000 Columbia X±100 [Docket No. CP95–589–000] 543. the authority contained in and subject to Take notice that on June 29, 1995, CP80± 10,000 Columbia X±75 the jurisdiction conferred upon the Northwest Pipeline Corporation 543. Gulf ...... Federal Energy Regulatory Commission (Northwest), 295 Chipeta Way, Salt Lake CP80± 10,000 Koch ...... X±137 by Sections 7 and 15 of the Natural Gas City, Utah 84158, filed in Docket No. 543. Gateway . Act and the Commission’s Rules of CP95–589–000 a request pursuant to Practice and Procedure, a hearing will Sections 157.205 and 157.211 of the Columbia’s Rate Schedule X–100, be held without further notice before the Commission’s Regulations under the Columbia Gulf’s Rate Schedule X–75, Commission or its designee on this Natural Gas Act (18 CFR 157.205, and Koch Gateway’s Rate Schedule X– application if no motion to intervene is 157.211) for authorization to construct 137 provided for the exchange of up to filed within the time required herein, if and operate upgraded metering facilities 10,000 Mcf per day of natural gas among the Commission on its own review of at a new location for the Duvall/Cottage the companies. Koch Gateway received the matter finds that a grant of the Lake Meter Station in King County, up to 10,000 Mcf per day for Columbia’s certificate and/or permission and Washington, under Northwest’s blanket account at the producer’s platform in approval for the proposed abandonment certificate issued in Docket No. CP82– Eugene Island Block 43 and at an are required by the public convenience 433–000 pursuant to Section 7 of the existing meter in the Lake Hatch Field, and necessity. If a motion for leave to Natural Gas Act, all as more fully set and redelivered equivalent volumes to intervene is timely filed, or if the forth in the request that is on file with Columbia at the outlet side of Sea Commission on its own motion believes the Commission and open to public Robin’s meter near Erath, Louisiana. that a formal hearing is required, further inspection. Columbia Gulf received up to 10,000 notice of such hearing will be duly Northwest proposes to construct and Mcf per day for Koch Gateway’s account given. operate upgraded metering facilities at a at a subsea tap in Vermilion Area Block Under the procedure herein provided new location for the Duvall/Cottage 245 and transported the gas through the for, unless otherwise advised, it will be 36412 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices unnecessary for applicant to appear or Dth in the final year. In addition, ANR amendment should on or before August be represented at the hearing. proposes a new in-service date of 1, 1995, file with the Federal Energy G. Any person or the Commission’s November 1, 1996, due to the time it has Regulatory Commission, Washington, staff may, within 45 days after issuance taken to negotiate the precedent DC 20426, a motion to intervene or a of the instant notice by the Commission, agreements. protest in accordance with the file pursuant to Rule 214 of the Any person desiring to be heard or to requirements of the Commission’s Rules Commission’s Procedural Rules (18 CFR make any protest with reference to said of Practice and Procedure (18 CFR 385.214) a motion to intervene or notice amendment should on or before August 385.214 or 385.211) and the Regulations of intervention and pursuant to Section 1, 1995, file with the Federal Energy under the Natural Gas Act (18 CFR 157.205 of the Regulations under the Regulatory Commission, Washington, 157.10). All protests filed with the Natural Gas Act (18 CFR 157.205) a D.C. 20426, a motion to intervene or a Commission will be considered by it in protest to the request. If no protest is protest in accordance with the determining the appropriate action to be filed within the time allowed therefor, requirements of the Commission’s Rules taken but will not serve to make the the proposed activity shall be deemed to of Practice and Procedure (18 CFR protestants parties to the proceeding. be authorized effective the day after the 385.214 or 385.211) and the Regulations Any person wishing to become a party time allowed for filing a protest. If a under the Natural Gas Act (18 CFR to a proceeding or to participate as a protest is filed and not withdrawn 157.10). All protests filed with the party in any hearing therein must file a within 30 days after the time allowed Commission will be considered by it in motion to intervene in accordance with for filing a protest, the instant request determining the appropriate action to be the Commission’s Rules. All persons shall be treated as an application for taken but will not serve to make the who have heretofore filed need not file authorization pursuant to Section 7 of protestants parties to the proceeding. again. the Natural Gas Act. Any person wishing to become a party Lois D. Cashell, Lois D. Cashell, to a proceeding or to participate as a Secretary. Secretary. party in any hearing therein must file a [FR Doc. 95–17389 Filed 7–14–95; 8:45 am] motion to intervene in accordance with [FR Doc. 95–17450 Filed 7–14–95; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±P the Commission’s Rules. All persons who have heretofore filed need not file again. [Docket No. CP95±601±000] [Docket No. CP93±564±003] Lois D. Cashell, Mississippi River Transmission Corp.; ANR Pipeline Co.; Notice of Secretary, Request Under Blanket Authorization Amendment [FR Doc. 95–17390 Filed 7–14–95; 8:45 am] BILLING CODE 6717±01±M July 11, 1995. July 11, 1995. Take notice that on July 5, 1995, Take notice that on July 7, 1995, ANR Mississippi River Transmission [Docket No. CP93±566±002] Pipeline Company (ANR), 500 Corporation (MRT), 9900 Clayton Road, Renaissance Center, Detroit, Michigan ANR Pipeline Co.; Notice of St. Louis, Missouri 63124, filed a prior 48243, filed, pursuant to 18 CFR Amendment notice request with the Commission in 385.215, to further amend its Docket No. CP95–601–000 pursuant to application filed under Section 7(c) of July 11, 1995. Section 147.205 of the Commission’s the Natural Gas Act (NGA) for Take notice that on July 7, 1995, ANR Regulations under the Natural Gas Act authorization to construct and operate Pipeline Company (ANR), 500 (NGA) for authorization to construct and pipeline facilities and related facilities Renaissance Center, Detroit, Michigan operate a delivery point in Ste. at the United States-Canada 48243, filed, pursuant to 18 CFR Genevieve County, Missouri, to provide International Boundary proximate to St. 385.215, to further amend its service for Laclede Gas Company Clair, Michigan, all as more fully set application filed for authorization under (Laclede) under MRT’s blanket forth in the amendment which is on file Section 3 of the Natural Gas Act (NGA) certificates issued in Docket Nos. CP82– with the Commission and open to and a Presidential Permit to site, 489–000 and CP89–1121–000 pursuant public inspection. construct, operate and maintain to Section 7 of the NGA, all as more ANR is amending its application to pipeline facilities at the United States- fully set forth in the request which is supply recently executed precedent Canada International Boundary open to the public for inspection. agreements and to make revisions in proximate to St. Clair, Michigan, all as MRT proposes to construct and volumes to be transported as reflected in more fully set forth in the amendment operate a 4-inch tap and appurtenant the terms of the precedent agreements. which is on file with the Commission facilities as a delivery point to serve ANR states that the two shippers it has and open to public inspection. Laclede, who would provide natural gas executed precedent agreements with, ANR states that the purpose of this service to Chemical Lime Company’s Michigan Consolidated Gas Company amendment is to reflect the lime kiln facilities. MRT states that it (MichCon) and The Consumers’ Gas restructuring of its project as set forth in would deliver up to 6,000 MMBtu Company Limited (Consumers’), will ANR’s companion application in Docket equivalent of natural gas to Laclede at now transport up to 90,000 Dth per day. No. CP93–564–003, filed July 7, 1995. the proposed delivery point on a peak (Previously, the maximum volume to be ANR states the project has been day and 50,000 MMBtu on an annual transported for both shippers was reconfigured with regard to: the basis. MRT states that Laclede would 75,000 Dth per day.) Specifically, inclusion of executed precedent reimburse MRT for the estimated MichCon has executed a 15-year agreements, the terms of such precedent $161,700 construction cost of the precedent agreement for 75,000 Dth per agreements, and a change in the proposed delivery point. MRT also day. Consumers’ has executed an 11– proposed in-service date to November 1, states that its existing FERC tariff does year precedent agreement for 10,000 Dth 1995. not prohibit additional delivery points, per day the first year, 15,000 Dth per Any person desiring to be heard or to nor would the natural gas volumes it day in years two through ten, and 5,000 make any protest with reference to said proposes to deliver to Laclede via the Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36413 proposed tap exceed currently certified project has not filed an application for SUPPLEMENTARY INFORMATION: transportation quantities. a subsequent license, then it may be Office of Prevention, Pesticides and Any person or the Commission’s staff required, pursuant to 18 CFR 16.21(b), Toxic Substances may, within 45 days after the to continue project operations until the Commission has issued this notice, file Commission issues someone else a Title: Worker Protection Standards. pursuant to Rule 214 of the license for the project or otherwise (ICR No: 1759.01). This is a request for Commission’s Procedural Rules (18 CFR orders disposition of the project. the approval of burden hours for 385.214) a motion to intervene or notice If the project is subject to Section 15 requirements under the Worker of intervention and pursuant to of the FPA, notice is hereby given that Protection Standard (WPS). This action § 157.205 of the Regulations under the an annual license for Project No. 1999 seeks approval for requirements no NGA (18 CFR 157.205) a protest to the is issued to Wisconsin Public Service longer exempt by the Paperwork request. If no protest is filed within the Corporation for a period effective July 1, Reduction Act of 1995. allowed time, the proposed activity 1995, through June 30, 1996, or until the Abstract: EPA is charged under 40 shall be deemed to be authorized issuance of a new license for the project CFR parts 156 and 170 for protection of effective the day after the time allowed or other disposition under the FPA, agricultural workers and pesticide for filing a protest. If a protest is filed whichever comes first. If issuance of a handlers from hazards of pesticides and not withdrawn within 30 days after new license (or other disposition) does used on farms, in forests, in nurseries the time allowed for filing a protest, the not take place on or before June 30, and in greenhouses. The WPS instant request shall be treated as an 1996, notice is hereby given that, workplace practices are designed to application for authorization pursuant pursuant to 18 CFR 16.18(c), an annual reduce or eliminate exposure to to Section 7 of the NGA. license under Section 15(a)(1) of the pesticides and establish procedures for Lois D. Cashell, FPA is renewed automatically without responding to exposure-related Secretary. further order or notice by the emergencies. The practices include prohibitions against applying pesticides [FR Doc. 95–17388 Filed 7–14–95; 8:45 am] Commission, unless the Commission orders otherwise. in a way that would cause exposure to BILLING CODE 6717±01±M workers and others; a waiting period If the project is not subject to Section before workers can return to areas 15 of the FPA, notice is hereby given [Project No. 1999±000] treated with pesticides; basic training that Wisconsin Public Service and distribution and posting of Corporation is authorized to continue Wisconsin Public Service Corp.; Notice information about pesticide hazards, as operation of the Wausau Project No. of Authorization for Continued Project well as pesticide application 1999 until such time as the Commission Operation information; arrangements in case of acts on its application for subsequent pesticide exposure; and provisions for July 11, 1995. license. emergency assistance. On June 24, 1993, Wisconsin Public Lois D. Cashell, The information burden is primarily Service Corporation, licensee for the Secretary. that of third party notifications to Wausau Project No. 1999, filed an [FR Doc. 95–17387 Filed 7–14–95; 8:45 am] inform agricultural workers and application for a new or subsequent BILLING CODE 6717±01±M pesticide handlers of basic safety license pursuant to the Federal Power practices. Act (FPA) and the Commission’s Burden statement: The public burden regulations thereunder. Project No. 1999 for this collection of information is is located on the Wisconsin River in ENVIRONMENTAL PROTECTION estimated to average 1⁄4 hour per Marathon County within the City of AGENCY respondent. Less than 1 percent of the Wausau, Wisconsin. total burden is recordkeeping. The license for Project No. 1999 was Respondents: The potential issued for a period ending June 30, [FRL±5259±3] respondents are agricultural employers, 1995. Section 15(a)(1) of the FPA, 16 Agency Information Collection including employers in farms as well as U.S.C. 808(a)(1), requires the Activities Under OMB Review nursery, forestry, and greenhouse Commission, at the expiration of a establishments. license term, to issue from year to year AGENCY: Environmental Protection Estimated No. of Respondents: an annual license to the then licensee Agency (EPA). 1,000,000. under the terms and conditions of the ACTION: Notice. Estimated No. of Responses per prior license until a new license is Respondent: 8. issued, or the project is otherwise SUMMARY: In compliance with the Estimated Total Annual Burden on disposed of as provided in Section 15 or Paperwork Reduction Act (44 U.S.C. Respondents: 2,100,000 hours. any other applicable section of the FPA. 3501 et seq.), this notice announces that Frequency of Collection: On occasion. If the project’s prior license waived the the Information Collection Request (ICR) Send comments regarding the burden applicability of Section 15 of the FPA, abstracted below has been forwarded to estimate, or any other aspect of the then, based on Section 9(b) of the the Office of Management and Budget information collection, including Administrative Procedure Act, 5 U.S.C. (OMB) for review and comment. The suggestions for reducing the burden 558(c), and as set forth at 18 CFR ICR describes the nature of the (please refer to EPA ICR #1759.01) to: 16.21(a), if the licensee of such project information collection and its expected Sandy Farmer, EPA ICR #1759.01, U.S. has filed an application for a subsequent cost and burden. license, the licensee may continue to Environmental Protection Agency, operate the project in accordance with DATES: Comments must be submitted on Information Policy Branch—2136, 401 the terms and conditions of the license or before August 16, 1995. M Street SW., Washington, DC 20460 after the minor or minor part license FOR FURTHER INFORMATION OR A COPY and expires, until the Commission acts on CALL: Sandy Farmer at EPA, (202) 260– Tim Hunt, Office of Management and its application. If the licensee of such a 2740, please refer to EPA ICR #1759.01. Budget, Office of Information and 36414 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Regulatory Affairs, 725 17th Street (6406J), U.S. Environmental Protection Dated: July 10, 1995. NW., Washington, DC 20503. Agency, 401 M Street, S.W., Robert H. Wayland III, Dated: July 10, 1995. Washington, D.C. 20460, (202) 233– Director, Office of Wetlands, Oceans and Richard Westlund, 9034. Watersheds. Acting Director, Regulatory Information Dated: July 11, 1995. [FR Doc. 95–17480 Filed 7–14–95; 8:45 am] Division. Carol M. Browner, BILLING CODE 6560±50±P [FR Doc. 95–17478 Filed 7–14–95; 8:45 am] Administrator. BILLING CODE 6560±50±M [FR Doc. 95–17476 Filed 7–14–95; 8:45 am] [OPPTS±140230; FRL±4933±3] BILLING CODE 6560±50±M TSCA Confidential Business [FRL±5259±5] Information; Revised Security Manual; Fuels and Fuel Additives; Grant of Notice of Availability [FRL±5259±4] Waiver Application AGENCY: Environmental Protection AGENCY: Environmental Protection Marsh Management Subcommittee; Agency (EPA). Agency (EPA). Public Meeting ACTION: Notice. ACTION: Notice. AGENCY: Environmental Protection SUMMARY: EPA has adopted revisions to SUMMARY: On July 13, 1994, I issued a Agency (EPA). its procedures for handling confidential decision denying the November 30, business information (CBI) under the ACTION: Notice of meeting. 1993 application of the Ethyl Toxic Substances Control Act (TSCA). Corporation (‘‘Ethyl’’) for a fuel additive These revised procedures are set forth in waiver under Clean Air Act section SUMMARY: Pursuant to the Federal a new TSCA CBI security manual for 211(f)(4), 42 U.S.C. 7545(f)(4), to permit Advisory Committee Act, Public Law Federal employees and contractors, the sale of HiTEC 3000, a fuel additive 92–463, notice is hereby given of a two availability of which is announced by product containing day meeting for the Marsh Management this notice. Subcommittee under the Ecosystem methylcyclopentadienyl manganese DATES: The requirements of the manual Sustainable Economies Committee of tricarbonyl (‘‘MMT’’), for use in are effective July 17, 1995. unleaded gasoline. 59 FR 42227 (August the National Advisory Council for ADDRESSES: Copies of the revised 17, 1994). In that decision, I found that Environmental Policy and Technology manual are available from: The National Ethyl had demonstrated as required by (NACEPT). The purpose of this Technical Information Service (NTIS), Section 211(f)(4) that MMT would not subcommittee is to convene a consensus 5285 Port Royal Road, Springfield, VA ‘‘cause or contribute to a failure of any process among stakeholders in coastal 22161, Telephone: (703) 487–4650 or emission control device or system’’ in a Louisiana related to marsh management (800) 553–NTIS. vehicle to achieve compliance with the practices. emission standards for which the FOR FURTHER INFORMATION CONTACT: DATES: The Subcommittee will meet on vehicle has been certified. I also decided Susan B. Hazen, Director, TSCA August 2–3, 1995. The Subcommittee that the waiver application should Environmental Assistance Division will meet on August 2 at 10 a.m. to 5 nonetheless be denied because of my (7408), Office of Pollution Prevention p.m. and on August 3, 1995 from 10 conclusion that there is a reasonable and Toxics, Environmental Protection a.m. to 3 p.m. basis for concern regarding the potential Agency, Rm. E–545, 401 M St., SW., adverse effects on public health which ADDRESSES: Corps of Engineers New Washington, DC 20460, (202) 554–1404, could result from the emissions of Orleans District Office located the Foot TDD: (202) 554–0551, e-mail: TSCA- manganese particulates associated with of Prytania, 7400 Leake Avenue, New [email protected]. MMT use. Orleans, LA 70118. The meeting is open SUPPLEMENTARY INFORMATION: EPA is On April 14, 1995, the United States to the public, with limited seating on a issuing this notice to announce the Court of Appeals for the District of first-come-first-served basis. revised TSCA security manual for Columbia Circuit issued a decision in Anyone wishing to make oral Federal employees and contractors. The Ethyl Corporation v. EPA, No. 94–1505 presentations should contact Connie revised TSCA Confidential Business (D.C. Cir.). In that decision, the Court Cahanap by 4 pm Monday, July 24, Information Security Manual held that Section 211(f)(4) does not 1995. The request should identify the supersedes the previous edition of the afford me the discretion to consider name of the individual who will make TSCA Confidential Business factors other than the mandatory ‘‘cause the presentation and an outline of the Information Security Manual. The or contribute’’ determination in issues to be addressed. Due to the time revised manual includes changes and deciding whether to issue a fuel constraints, oral presentations will be refinements in existing procedures additive waiver for HiTEC 3000. Based strictly limited to three minutes and developed since the publication of the on this conclusion, the Court has previous manual. instructed me to ‘‘grant Ethyl’s request slots are limited. Available time slots will be allocated on a first-come, first Several changes to the manual have for a waiver.’’ Accordingly, pursuant to been made as a result of EPA’s the mandate of the Court, effective today served basis to those scheduling a presentation in advance. Written continuing efforts to improve the I am granting Ethyl’s November 30, 1993 procedures for handling TSCA CBI. application for a fuel additive waiver for comments will be accepted at any time prior to the meeting. None of these changes reduce the level HiTEC 3000. of protection afforded TSCA CBI. EFFECTIVE DATE: The effective date July FOR FURTHER INFORMATION CONTACT: Changes and clarifications include: (1) 11, 1995. Connie Cahanap, Wetlands Division, The transfer to the Office of Program FOR FURTHER INFORMATION CONTACT: OWOW, Mail Code 4502F, US Management and Evaluation from the Joseph R. Sopata, Chemist, Field Environmental Protection Agency, Information Management Division of the Operations and Support Division Washington, DC 20460, (202) 260–6531. duty of investigating and addressing Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36415 alleged TSCA security infractions, and Examination, Farm Credit brokerage services to buyers or sellers (2) amending TSCA manual security Administration, McLean, VA 22102– (or both parties) of agricultural property. procedures to achieve consistency with 5090, (703) 883–4498, TDD (703) 883– Commissions on sales transactions of applicable TSCA regulations. These and 4444, property would be competitive with other changes are designed to improve or other brokerage services in the service security for TSCA CBI while recognizing Gary K. Van Meter, Senior Attorney, territory. Key factors of the program EPA’s need to work with such TSCA Administrative Law and Enforcement would include the following: Location CBI to perform the Agency’s statutory Division, Office of General Counsel, of sales professionals throughout duties. The Agency’s policy on revisions Farm Credit Administration, McLean, proposed service territory; national and to TSCA CBI security manuals was VA 22102–5090, (703) 883–4020, TDD regional advertising; complete auction announced in the Federal Register of (703) 883–4444. services; large network of qualified November 14, 1985 (50 FR 47108). EPA SUPPLEMENTARY INFORMATION: On June buyers; recommended pricing strategies is publishing this notice in accordance 15, 1995, the FCA Board voted to adopt for clients; prompt and efficient sales with the requirements of that policy. final regulations on related services at closings; and suggestions for assistance EPA is printing and distributing 12 CFR part 618. (See 60 FR 34090, June with financial structuring for copies of the revised manual to affected 30, 1995.) Under title I, section 1.12; purchasers. EPA offices. The provisions of the title II, sections 2.5 and 2.12 (15); and Farm Management Services: Regional revised manual are effective July 17, title III, section 3.7 of the Farm Credit teams of professionals familiar with the market would provide a full 1995. Copies of the revised manual are Act of 1971, as amended (the Act), the complement of farm land services to all available to the public by contacting FCA is responsible for promulgating types of agricultural land owners in the NTIS at the address or telephone regulations governing the offering and service territory, subject to eligibility number listed under the ADDRESSES unit administering of technical assistance, constraints. Farm management includes of this document. financial assistance, and financially defining ownership goals, identifying related services (hereinafter referred to List of Subjects problems, analyzing alternatives and as ‘‘related services’’) by System banks making recommendations for achieving Environmental protection. and associations. The statute authorizes business goals. Farm managers would Dated: June 8, 1995. System institutions to provide financial present the customer with a full William H. Sanders III, and technical assistance to borrowers, spectrum of lease or custom farming Director, Office of Pollution Prevention and applicants, and members and make alternatives and help the owner decide Toxics. available to them related services how to ultimately get the best return on [FR Doc. 95–17473 Filed 7–14–95; 8:45 am] appropriate to their on-farm, aquatic the owner’s assets. Key factors of the BILLING CODE 6560±50±F and cooperative operations under service would include developing a regulations prescribed by the FCA. comprehensive farm operating plan, Related service, as defined in securing operators/renters and FARM CREDIT ADMINISTRATION § 618.8000(c) (see 60 FR 34090, June 30, negotiating leases, providing property 1995), means ‘‘any service or activity reporting including annual budgets and Proposed Related Services; Real provided by a System bank or projections, periodic inspections of crop Estate Brokerage, Farm Management, association that is appropriate to the programs and conservation measures, and Mineral Management recipient’s on-farm, aquatic, or analysis of government programs, cooperative operations, including AGENCY: Farm Credit Administration. formulation and implementation of control of related financial matters.’’ capital improvement and repairs, and ACTION: Notice; request for public The FCA notes that, should the comment. handling commodity sales. requested service be authorized, farm- Mineral Management Services: The related businesses or persons eligible for SUMMARY: The Farm Credit applicant would provide professional Administration (FCA or Agency), by the rural housing loans would not be mineral management services to eligible Farm Credit Administration Board eligible unless they otherwise satisfy the customers. Marketing techniques would (Board), requests public comment on an eligibility criteria for related services in be utilized to maximize lease bonuses inquiry by a Farm Credit System § 618.8005. and assure that energy companies are (System or FCS) institution for approval The revised regulation at § 618.8000 aware of the clients’ unleased/available to offer Real Estate Brokerage, Farm requires a prior determination that any mineral acreage. Key factors of the Management, and Mineral Management new services, not previously authorized service include supervision and service programs as authorized ‘‘Related and placed on the Related Services List management of mineral assets, Services.’’ The requested services are (RS List), are legally authorized and do collection and processing of revenue being published for a 60-day public not present excessive risk to the from producing assets, property comment period prior to the FCA acting requesting institution or the System as evaluation, unitization, review and on a request to offer such services. a whole. In order to evaluate safety and payment of taxes, review and tracking of soundness risks, the submitting authorizations for expenses, lease DATES: Comments must be submitted to institution must be specific in its evaluation and negotiation, lease the FCA within September 15, 1995. request as to what types of services will payment record maintenance, review of ADDRESSES: Comments should be be provided and, if necessary, what lease and other mineral-related mailed or delivered (in triplicate) to controls would be appropriate to agreements, processing division orders Patricia W. DiMuzio, Associate Director, address potential risks. and assignments, and regular property Regulation Development, Office of The following services would be reviews for each account. Examination, Farm Credit provided to persons eligible to receive Because of the complex nature of Administration. such services from the Farm Credit these proposed services, the FCA FOR FURTHER INFORMATION CONTACT: System under § 618.8005: solicits public comment prior to acting Linda C. Sherman, Policy Analyst, Real Estate Brokerage Services: The on the request, in accordance with the Regulation Development, Office of applicant would offer real estate guidelines recently adopted in 36416 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices § 618.8010(c)(3). The Agency believes regulation. These programs would be Form No.: N/A. that its evaluation of the proposal will subject to review during the Action: New Collection. be aided by public comment on issues examination process. Respondents: Business or other for- raised by the proposal. Specifically, the Dated: July 11, 1995. profit. FCA requests comments on the risks Floyd Fithian, Frequency of Response: On occasion. inherent in offering these services, such Estimated Annual Burden: 436 Secretary, Farm Credit Administration Board. as the potential for conflicts of interest responses; 4,504 hours burden per and liability or environmental concerns, [FR Doc. 95–17433 Filed 7–14–95; 8:45 am] response; 1,963,888 hours total annual particularly in regard to providing such BILLING CODE 6705±01±P burden. services to borrowers with distressed Needs and Uses: Section 65.703(a) loans. The Agency also requests requires that operator service providers comments on the potential benefits to FEDERAL COMMUNICATIONS (OSPs) disclose to consumers, at the farmers, how the provider ensures that COMMISSION outset of operator-assisted telephone services are provided to eligible entities, Public Information Collection calls, their identify, and, upon request feasibility and appropriateness of such Requirement Submitted to Office of by the consumer, the rates for the call, services for Farm Credit institutions, the Management and Budget for Review collection methods for charges, and impact of such services on the lending complaint procedures. OSPs will most function, and any other pertinent issues. July 7, 1995. often disclose their identify to In addition, the FCA requests The Federal Communications consumers via an automated recording commenters to consider what Commission has submitted the at the beginning of all operator-assisted Systemwide issues might be raised by a following information collection calls. Consumers will use this decision to authorize such services. requirements to OMB for review and information to determine whether they The FCA also requests commenters to clearance under the Paperwork wish to use the services of the identified propose how they believe identified Reduction Act of 1980 (44 U.S.C. 3507). OSP. concerns might be mitigated. Copies of these submissions may be OMB Number: N/A. Commenters should bear in mind that purchased from the Commission’s copy Title: Section 76.630(a) Compatibility the identified concerns could also be contractor, International Transcription with consumer electronic equipment. addressed by the FCA’s standard of Service, Inc., 2100 M Street, NW., Suite Form No.: N/A. conduct regulations, or by applicable 140, Washington, DC 20037, (202) 857– Action: New Collection. State laws and regulations, licensing 3800. For further information on this Respondents: Business or other for- requirements, and industry ethical submission contact Dorothy Conway, profit. standards, or in appropriate Federal Communications Commission, Frequency of Response: On occasion. circumstances, by requiring pertinent (202) 418–0217 or via internet at Estimated Annual Burden: 12,050 disclosure or anti-tying requirements for [email protected]. Persons wishing responses; 1.01 hours burden per certain services. Additionally, internal to comment on this information response; 12,150 hours total annual controls could be adopted that limit the collection should contact Timothy Fain, burden. amount of risk taken on by an Office of Management and Budget, Needs and Uses: Section 76.630(a) institution offering such services. Room 10214 NEOB, Washington, DC states that cable system operators The FCA has concluded that some of 20503, (202) 395–3561. requesting waivers of the prohibition on the conflict of interest or liability OMB Number: N/A. signal encryption from the Commission concerns might be addressed by offering Title: Section 64.707 Public must notify subscribers of the waiver any or all of the services through a Dissemination of Information by request by mail. This disclosure service corporation and requests providers of operator services. requirement is for consumer protection comment on the following issues: Form No.: N/A. purposes and to inform subscribers of (a) What, if any, limits should there be Action: New Collection. compatibility matters and notify them of on board structure or composition? Respondents: Business or other-for- the cable operator’s request to waive the (b) If necessary, how should the profit. amount of capital a bank can invest in Frequency of Response: On occasion. prohibition on signal encryption. the service corporation be limited? Estimated Annual Burden: 436 OMB Number: N/A. (c) Are there any organizational or responses; 8 hours burden per response; Title: Section 76.936 Written procedural constraints or limits that 3,488 hours total annual burden. decisions. may be appropriate? Needs and Uses: Section 64.707 Form No.: N/A. In its evaluation of the proposed requires that operator service providers Action: New collection. services, the FCA will focus on systemic (OSPs) regularly publish and make Respondents: State, Local or Tribal issues rather than on institution or available at no cost upon request from Government. program-specific factors. If the FCA consumers written materials that Frequency of Response: On occasion. authorizes the above-related services, describe any changes in operator Estimated Annual Burden: 1,200 any System bank or association may services and choices available to responses; 1 hour burden per response; develop a program and subsequently consumers. OSPs will provide this 1,200 hours total annual burden. offer the related service(s) to eligible information primarily in the form of a Needs and Uses: Section 76.936 states recipients, subject to any special written report that will be regularly a franchising authority must issue a conditions or limitations imposed by updated. Consumers will use this written decision in a rate making the FCA. The Agency may, at the time information to increase their knowledge proceeding when ever it disapproves an of approval, impose such special of the choices available to them in the initial rate for basic service tier or conditions or limitations on any operator service market. associated equipment in whole or in approved service as the FCA in its sole OMB Number: N/A. part, or approves a request for an discretion may deem necessary or Title: Section 63.703(a) Consumer increase in whole or in part over the appropriate to ensure safety and Information - Branding by Operator objections of interested parties. The soundness or compliance with law or Service Providers. Commission requires these written Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36417 decisions so that cable operators and the within 14 days of the initial decision. Needs and Uses: Section 76.931 states public are aware of the results of the Operators shall provide notice to the that cable operators shall provided rate-making proceedings. franchise authorities of their decision written notification to new subscribers OMB Number: N/A. whether or not to appeal to the at the time of installation on the Title: Section 76.946 Advertising Commission. Consumers shall provide availability of basic tier service. Section Rates. notice to franchise authorities of their 76.932 states that a cable operator shall Form No.: N/A. decision to appeal. provide written notice to a subscriber of Action: New collection. OMB Number: N/A. any increase in the price to be charged Respondents: Business or other for- Title: Section 76.951 Standard for basic service tier or associated profit. complaint form; other filing equipment at least 30 days before any Frequency of Response: On occasion. requirements. proposed increase is effective. Estimated Annual Burden: 1,200 Form No.: N/A. responses; 30 minutes burden per Action: New Collection. Federal Communications Commission. response; 6,000 hours total annual Respondents: Business or other for- William F. Caton, burden. profit. Acting Secretary. Needs and Uses: Section 76.946 states Frequency of Response: On occasion. [FR Doc. 95–17378 Filed 7–14–95; 8:45 am] Estimated Annual Burden: 300 that cable operators that advertise rates BILLING CODE 6712±0l±F for basic service and cable programming responses; 15 minutes burden per tiers shall be required to advertise rates response; 75 hours total annual burden. that include all costs and fees. Cable Needs and Uses: Section 76.951 states systems that cover multiple franchise that cable operators must provide copies [Report No. 2083] of the FCC Form 329 Standard areas having differing franchise fees or Petition for Reconsideration of Actions other franchise costs, different channel Complaint Form, upon request. The in Rulemaking Proceedings line-ups, or different rate structures may Commission has set forth this disclosure requirement as a way to encourage advertise a complete range of fees July 12, 1995. without specific identification of the dialogue between unsatisfied rate for each individual area. In such subscribers and their cable operators. Petition for reconsideration has been circumstances, the operator may OMB Number: N/A. filed in the Commission rulemaking advertise a fee plus rate that indicates Title: Section 76.956 Cable operator proceedings listed in this Public Notice the core rate plus the range of possible response. and published pursuant to 47 CFR additions. The Commission established Form No.: N/A. 1.429(e). The full text of this document this requirement to ensure consumer Action: New Collection. is available for viewing and copying in Respondents: Business or other for- awareness of rates for basic cable service Room 239, 1919 M Street, N.W., profit. and associated equipment. Washington, D.C. or may be purchased Frequency of Response: On occasion. OMB Number: N/A. Estimated Annual Burden: 1,200 from the Commission’s copy contractor Title: Section 76.986 ‘‘A la carte’’ responses; 15 minutes burden per ITS, Inc. (202) 857–3800. Opposition to offerings. response; 300 hours total annual this petition must be filed August 1, Form No.: N/A. burden. 1995. See Section 1.4(b)(1) of the Action: New collection. Needs and Uses: Section 76.596 states Commission’s rules (47 CFR 1.4(b)(1)). Respondents: Individuals or that unless the Commission notifies a Replies to an opposition must be filed households; Business or other for-profit; cable operator to the contrary, the cable within 10 days after the time for filing State, Local and Tribal Government. operator must file with the Commission oppositions has expired. Frequency of Response: On occasion. a response to the complaint. The Subject: Amendment of Parts 2 and 90 Estimated Annual Burden: 890 response shall indicate when the service of the Commission’s Rules to Provide responses; 1.27 hours burden per occurred and should include rate cards, for the Use of 200 Channels Outside the response; 1,130 hours total annual channel line-ups and an explanation of designated Filing Areas in the 896–901 burden. any discrepancy in the figures provided Needs and Uses: Section 76.986(b) MHz and the 935–940 MHz Bands in these documents and the rate filing. Allotted to the Specialized Mobile states that in reviewing a basic service The cable operator must serve its Radio Pool. (PR Docket No. 89–553). rate filing, local franchising authorities response on the complainant and the may make an initial decision addressing relevant franchising authority. The Implementation of Section 309(j) of whether a collective offering of ‘‘a la Commission set forth this requirement the Communications Act—Competitive carte’’ channels will be treated as an to insure that the complainant is Bidding. (PP Docket No. 93–253). unregulated service or a regulated tier. apprised of the response submitted to Implementation of Sections 3(n) and The franchising authority must make the Commission by the cable company. 332 of the Communications Act. (GN this initial decision within the 30 days OMB Number: N/A. Docket No. 93–252) established for review of basic cable Title: Section 76.931 Notification of Number of Petitions Filed: 9. rates and equipment costs in Sec. basic tier availability and Section 76.932 76.933(a) or within the first 60 days of Notification of proposed rate increase. Federal Communications Commission. an extended 120 day period. The Form No.: N/A. William F. Caton, franchising authority shall provide Action: New Collection. Acting Secretary. notice of its decision to the cable system Respondents: Business or other-for- [FR Doc. 95–17430 Filed 7–14–95; 8:45 am] and shall provide public notice of its profit. initial decision within seven days Frequency of Response: On occasion. BILLING CODE 6712±01±M pursuant to local procedural rules for Estimated Annual Burden: 24,000 public notice. Operators and consumers responses; 2.25 hours burden per may make an interlocutory appeal of the response; 27,000 hours total annual initial decision to the Commission burden. 36418 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices FEDERAL HOUSING FINANCE BOARD each quarter, so that all members that SUPPLEMENTARY INFORMATION: are subject to the Community A. Selection for Community Support [No. 95±N±05] Reinvestment Act of 1977, 12 U.S.C. Review § 2901 et seq. (CRA), will be reviewed Federal Home Loan Bank Members once every two years. The purpose of The Housing Finance Board currently Selected for Community Support this Notice is to announce the names of reviews all FHLBank System members Review the members selected for the sixth that are subject to CRA once every two AGENCY: Federal Housing Finance quarter review (1994–95 cycle) under years. Board. the regulations. The Notice also conveys Approximately one-eighth of the the dates by which members need to FHLBank members in each district will ACTION: Notice. comply with the Community Support be selected for review by the Housing SUMMARY: The Financial Institutions regulation review requirements and by Finance Board each calendar quarter. To Reform, Recovery, and Enforcement Act which comments from the public must date, only members that are subject to of 1989 added a new Section 10(g) to the be received. CRA have been reviewed. In selecting Federal Home Loan Bank Act of 1932 DATES: Due Date for Member members, the Housing Finance Board requiring that members of the Federal Community Support Statements for follows the chronological sequence of Home Loan Bank (FHLBank) System Members Selected in Sixth Quarter the members’ CRA Evaluations post-July meet standards for community Review: August 31, 1995. 1, 1990, to the greatest extent investment or service in order to Due Date for Public Comments on practicable, selecting one-eighth of each maintain continued access to long-term Members Selected in Sixth Quarter District’s membership for review each FHLBank System advances. In Review: August 31, 1995. calendar quarter. However, the Housing compliance with this statutory change, FOR FURTHER INFORMATION CONTACT: Finance Board will postpone review of the Federal Housing Finance Board Joseph A. McKenzie, Associate Director, new members until they have been (Housing Finance Board) promulgated Office of Housing Finance, (202) 408– System members for one year. Community Support regulations (12 2845, Federal Housing Finance Board, Selection for review is not, nor should CFR Part 936). Under the review process 1777 F Street, N.W., Washington, D.C. it be construed as, any indication of established in the regulations, the 20006. A telecommunications device for either the financial condition or Housing Finance Board will select a deaf persons (TDD) is available at (202) Community Support performance of the certain number of members for review 408–2579. institutions listed. B. List of FHLBank Members To Be Reviewed in the Sixth Quarter, Grouped by FHLBank District Member City State Federal Home Loan Bank of BostonÐDistrict 1 Post Office Box 9106 Boston, Massachusetts 02205±9106 Jewett City Trust Company ...... Jewett City ...... CT Manchester State Bank ...... Manchester ...... CT New Milford Bank and Trust Company ...... New Milford ...... CT Dime Savings Bank of Norwich ...... Norwich ...... CT Putnam Savings Bank ...... Putnam ...... CT Savings Bank of Rockville ...... Rockville ...... CT Bank of South Windsor ...... South Windsor ...... CT Thomaston Savings Bank ...... Thomaston ...... CT North American Bank and Trust Company ...... Waterbury ...... CT Wilton Bank ...... Wilton ...... CT Provident Institution for Savings ...... Amesbury ...... MA Community Bank ...... Brockton ...... MA Bay State Federal Savings Bank ...... Brookline ...... MA BayBank ...... Burlington ...... MA Grove Bank ...... Chestnut Hill ...... MA Chicopee Savings Bank ...... Chicopee ...... MA Foxborough Savings Bank ...... Foxboro ...... MA Framingham Savings Bank ...... Framingham ...... MA Gloucester Bank & Trust Company ...... Gloucester ...... MA Great Barrington Savings Bank ...... Great Barrington ...... MA Hudson Savings Bank ...... Hudson ...... MA Lee Bank ...... Lee ...... MA Lenox Savings Bank ...... Lenox ...... MA Enterprise Bank and Trust Company ...... Lowell ...... MA Washington Savings Bank ...... Lowell ...... MA Medway Savings Bank ...... Medway ...... MA Nantucket Bank ...... Nantucket ...... MA Middlesex Savings Bank ...... Natick ...... MA Newburyport Five Cents Savings Bank ...... Newburyport ...... MA North Easton Savings Bank ...... North Easton ...... MA Seamen's Bank ...... Provincetown ...... MA Hibernia Savings Bank ...... Quincy ...... MA Granite Savings Bank ...... Rockport ...... MA Roslindale Co-operative Bank of Boston ...... Roslindale ...... MA Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36419 Member City State Somerset Savings Bank ...... Somerville ...... MA Bank of Western Massachussetts ...... Springfield ...... MA Watertown Savings Bank ...... Watertown ...... MA Kennebec Savings Bank ...... Augusta ...... ME Bath Savings Institution ...... Bath ...... ME Kingfield Savings Bank ...... Kingfield ...... ME Androscoggin Savings Bank ...... Lewiston ...... ME Livermore Falls Trust Company ...... Livermore Falls ...... ME Key Bank of Maine ...... Portland ...... ME Maine Bank and Trust Company ...... Portland ...... ME Saco and Biddeford Savings Institution ...... Saco ...... ME Sanford Institution for Savings ...... Sanford ...... ME First Colebrook Bank ...... Colebrook ...... NH Laconia Savings Bank ...... Laconia ...... NH Bank of New Hampshire ...... Manchester ...... NH Granite Savings Bank and Trust Company ...... Barre ...... VT Federal Home Loan Bank of New YorkÐDistrict 2 Seven World Trade Center 22nd Floor New York, New York 10048±1185 Audubon Savings & Loan Association ...... Audubon ...... NJ Mellon Bank, F.S.B...... Paramas ...... NJ Interchange State Bank ...... Saddle Brook ...... NJ Trenton Savings Bank ...... Trenton ...... NJ Minotola National Bank ...... Vineland ...... NJ Albion Federal Savings & Loan Association ...... Albion ...... NY Bath National Bank ...... Bath ...... NY Manufacturers and Traders Trust Company ...... Buffalo ...... NY Canajoharie Building, S&LA ...... Canajoharie ...... NY Champlain National Bank ...... Elizabethtown ...... NY Fairport Savings & Loan Association ...... Fairport ...... NY Highland Falls FS&LA ...... Highland Falls ...... NY Habib American Bank ...... New York ...... NY Sterling National Bank and Trust Company ...... New York ...... NY Rome Savings Bank ...... Rome ...... NY Trustco Bank New York ...... Schenectady ...... NY Solvay Bank ...... Solvay ...... NY Troy Savings Bank ...... Troy ...... NY Banco Popular de Puerto Rico ...... San Juan ...... PR Federal Home Loan Bank of PittsburghÐDistrict 3 601 Grant Street Pittsburgh, Pennsylvania 15219±4455 Wilmington Trust Company ...... Wilmington ...... DE Apollo Trust Company ...... Apollo ...... PA First Columbia Bank & Trust Company ...... Bloomsburg ...... PA Chambersburg Trust Company ...... Chambersburg ...... PA Farmers and Merchants Trust Company ...... Chambersburg ...... PA Cambria County FS&LA ...... Cresson ...... PA Curwensville State Bank ...... Curwensville ...... PA Montour Bank ...... Danville ...... PA Fidelity Deposit and Discount Bank ...... Dunmore ...... PA Elderton State Bank ...... Elderton ...... PA Bucktail Bank and Trust Company ...... Emporium ...... PA PFC Bank ...... Ford City ...... PA Glen Rock State Bank ...... Glen Rock ...... PA Peoples Bank of Glen Rock ...... Glen Rock ...... PA Harris Savings Bank ...... Harrisburg ...... PA Jefferson Bank ...... Haverford ...... PA Central Bank ...... Hollidaysburg ...... PA Farmers and Merchants Bank ...... Honesdale ...... PA Irwin Bank and Trust Company ...... Irwin ...... PA Three Rivers Bank and Trust Company ...... Jefferson Borough ...... PA Peoples Bank and Trust Company ...... Jennerstown ...... PA Jersey Shore State Bank ...... Jersey Shore ...... PA Jonestown Bank and Trust Company ...... Jonestown ...... PA Royal Bank of Pennsylvania ...... King of Prussia ...... PA Farmers First Bank ...... Lititz ...... PA Miners Bank of Lykens ...... Lykens ...... PA Juniata Valley Bank ...... Mifflintown ...... PA First Federal Savings Bank of New Castle ...... New Castle ...... PA 36420 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Member City State Peoples Bank of Western Pennsylvania ...... New Castle ...... PA National Bank of North East ...... North East ...... PA Orrstown Bank ...... Orrstown ...... PA Port Richmond Savings ...... Philadelphia ...... PA Phoenixville Federal Savings Association ...... Phoenixville ...... PA PNC Mortgage Bank, N.A...... Pittsburgh ...... PA Union Bank and Trust Company ...... Pottsville ...... PA Meridian Bank ...... Reading ...... PA Scottdale Bank and Trust Company ...... Scottdale ...... PA Sun Bank ...... Selinsgrove ...... PA First West Virginia Bank, N.A.ÐBuckhannon ...... Buckhannon ...... WV Shawnee Bank, Inc...... Dunbar ...... WV First Exchange Bank ...... Mannington ...... WV One Valley Bank - North, Inc...... Moundsville ...... WV Ameribank, Inc...... Northfork ...... WV Bank of Paden City ...... Paden City ...... WV Commercial Banking and Trust Company ...... Parkersburg ...... WV Peoples Bank of Point Pleasant ...... Point Pleasant ...... WV First National Bank of Romney ...... Romney ...... WV Jefferson Security Bank ...... Shepherdstown ...... WV Federal Home Loan Bank of AtlantaÐDistrict 4 Post Office Box 105565 Atlanta, Georgia 30348 First National Bank of Columbiana ...... Columbiana ...... AL Bank of the South ...... Dothan ...... AL St. Clair Federal Savings Bank ...... Pell City ...... AL Citizens Bank and Savings Company ...... Russellville ...... AL First Tuskegee Bank ...... Tuskegee ...... AL First of Englewood, FSB ...... Englewood ...... FL First Family Bank, fsb ...... Eustis ...... FL Heritage National Bank ...... Fort Meyers ...... FL First City Bank of Fort Walton ...... Fort Walton ...... FL First National Bank and Trust ...... Fort Walton Beach ...... FL Founders National Trust Bank ...... Ft. Meyers ...... FL Georgia First Bank ...... Gainesville ...... FL Merchants and Southern Bank ...... Gainesville ...... FL Dadeland Bank ...... Miami ...... FL First Federal Bank ...... Perry ...... FL Citizens Federal Savings Bank of Port St. Joe ...... Port St. Joe ...... FL Seminole Bank ...... Seminole ...... FL First Bank of Tallahassee ...... Tallahassee ...... FL Barnett Bank of Tampa ...... Tampa ...... FL SunBank/Mid-Florida, N.A ...... Winter Haven ...... FL Bank of Camilla ...... Camilla ...... GA Rabun County Bank ...... Clayton ...... GA Barnett Bank of Southwest Georgia ...... Columbus ...... GA Citizens Bank and Trust of Fayette County ...... Fayetteville ...... GA Lanier National Bank ...... Gainesville ...... GA Gordon Bank ...... Gordon ...... GA Citizens Community Bank ...... Hahira ...... GA Bank of Hartwell ...... Hartwell ...... GA Trust Company Bank of Middle Georgia ...... Macon ...... GA Bank of Madison ...... Madison ...... GA Newnan Savings Bank, FSB ...... Newnan ...... GA Patterson Bank ...... Patterson ...... GA Pelham Banking Company ...... Pelham ...... GA United Bank and Trust Company ...... Rockmart ...... GA Ameribank, N.A ...... Savannah ...... GA Carver State Bank ...... Savannah ...... GA Georgia Central Bank ...... Social Circle ...... GA Oconee State Bank ...... Watkinsville ...... GA Waycross Bank and Trust ...... Waycross ...... GA First National Bank of Waynesboro ...... Waynesboro ...... GA Barrow Bank and Trust Company ...... Winder ...... GA Bank of Annapolis ...... Annapolis ...... MD Kopernik Federal Savings Association ...... Baltimore ...... MD Chesapeake Bank and Trust Company ...... Chestertown ...... MD Chestertown Bank of Maryland ...... Chestertown ...... MD American Trust Bank ...... Cumberland ...... MD County Banking and Trust Company ...... Elkton ...... MD FCNB Bank ...... Frederick ...... MD First Bank of Frederick ...... Frederick ...... MD Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36421 Member City State Bank of Glen Burnie ...... Glen Burnie ...... MD Farmers and Merchants Bank of Hagerstown ...... Hagerstown ...... MD Hagerstown Trust Company ...... Hagerstown ...... MD Peninsula Bank ...... Princess Anne ...... MD National Bank of Rising Sun ...... Rising Sun ...... MD Sparks State Bank ...... Sparks ...... MD Taneytown Bank and Trust Company ...... Taneytown ...... MD Bank of Maryland ...... Towson ...... MD Union National Bank ...... Westminister ...... MD Bank of Stanly ...... Albemarle ...... NC Bank of Mecklenburg ...... Charlotte ...... NC First Charlotte Bank and Trust Company ...... Charlotte ...... NC Gibsonville Community Savings Bank ...... Gibsonville ...... NC Farmers and Merchants Bank ...... Granite Quarry ...... NC Triad Bank ...... Greensboro ...... NC CCB Savings Bank of Lenoir, Inc., SSB ...... Lenoir ...... NC Mocksville Savings Bank, SSB ...... Mocksville ...... NC Citizens Bank ...... Murphy ...... NC Randleman Savings Bank, S.S.B...... Randleman ...... NC Carolina State Bank ...... Shelby ...... NC Bank of North Carolina ...... Thomasville ...... NC Salem Trust Bank ...... Winston-Salem ...... NC Bank of Charleston, N.A ...... Charleston ...... SC Chesnee State Bank ...... Chesnee ...... SC M.S. Bailey & Son, Bankers ...... Clinton ...... SC Clover Community Bank ...... Clover ...... SC Investors Savings Bank ...... Florence ...... SC Carolina First Bank ...... Greenville ...... SC Williamsburg First National Bank ...... Kingstree ...... SC Anchor Bank ...... Myrtle Beach ...... SC Pee Dee State Bank ...... Timmonsville ...... SC Poinsett Bank, a F.S.B...... Travelers Rest ...... SC Arthur State Bank ...... Union ...... SC Woodruff State Bank ...... Woodruff ...... SC Bank of Northern Virginia ...... Arlington ...... VA First National Bank ...... Christiansburg ...... VA George Mason Bank ...... Fairfax ...... VA F & M Bank Massanutten ...... Harrisonburg ...... VA First Sentinel Bank ...... Richlands ...... VA Princess Anne Bank ...... Virginia Beach ...... VA Northern Neck State Bank ...... Warsaw ...... VA Federal Home Loan Bank of CincinnatiÐDistrict 5 Post Office Box 598 Cincinnati, Ohio 45201 Nelson County Federal Savings & Loan Association ...... Bardstown ...... KY Bedford Loan and Deposit Bank ...... Bedford ...... KY Bank of Benton ...... Benton ...... KY Berea National Bank ...... Berea ...... KY South Central Bank of Bowling Green ...... Bowling Green ...... KY Meade County Bank ...... Brandenburg ...... KY Edmonton State Bank ...... Edmonton ...... KY Fifth Third Bank of Northern Kentucky ...... Florence ...... KY Pennyrile Citizens Bank and Trust Company ...... Hopkinsville ...... KY First Security Bank and Trust, McLean ...... Island ...... KY Lexington Federal Savings Bank ...... Lexington ...... KY Cumberland Valley National Bank ...... London ...... KY Fifth Third Bank of Kentucky ...... Louisville ...... KY Graves County Bank, Inc...... Mayfield ...... KY Community First Bank ...... Mount Olivet ...... KY Princeton Federal Bank, FSB ...... Princeton ...... KY Citizens National Bank of Russellville ...... Russellville ...... KY Community First Bank ...... Warsaw ...... KY Bank of McCreary County ...... Whitley City ...... KY Pioneer Federal Savings Bank ...... Winchester ...... KY First National Bank of Ohio ...... Akron ...... OH Citizens Bank of Ashville ...... Ashville ...... OH Union Bank and Savings Company ...... Bellevue ...... OH Bethel Building and Loan Company ...... Bethel ...... OH Equitable Savings and Loan Company ...... Cadiz ...... OH Harvest Home Savings Bank ...... Cheviot ...... OH Mt. Washington Savings & Loan Company ...... Cincinnati ...... OH Star Bank, N.A...... Cincinnati ...... OH 36422 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Member City State Galion Building and Loan Association ...... Galion ...... OH Greenville National Bank ...... Greenville ...... OH Second National Bank ...... Greenville ...... OH Citizens Loan & Savings Company ...... London ...... OH First Federal Savings & Loan Association ...... Lorain ...... OH Cardinal State Bank ...... Maineville ...... OH Old Fort Banking Company ...... Old Fort ...... OH Ripley Federal Savings & Loan ...... Ripley ...... OH First National Bank of Shelby ...... Shelby ...... OH Lenox Savings Bank ...... St. Bernard ...... OH The Strasburg Savings and Loan Company ...... Strasburg ...... OH Peoples Savings Bank ...... Urbana ...... OH First FS&LA of Van Wert ...... Van Wert ...... OH Second National Bank of Warren ...... Warren ...... OH Trumbull Savings and Loan Company ...... Warren ...... OH Perpetual Savings Bank ...... Wellsville ...... OH Peoples Savings Bank ...... Xenia ...... OH First Federal Savings Bank of Eastern Ohio ...... Zanesville ...... OH Citizens National Bank ...... Athens ...... TN Heritage Bank ...... Clarksville ...... TN The Bank/First Citizens Bank ...... Cleveland ...... TN Peoples Bank ...... Clifton ...... TN Bank of Putnam County ...... Cookeville ...... TN Tennessee Community Bank ...... Covington ...... TN First National Bank of Crossville ...... Crossville ...... TN Bank of Dickson ...... Dickson ...... TN First Federal Savings Bank ...... Dickson ...... TN Home Bank of Tennessee ...... Ducktown ...... TN Carter County Bank of Elizabethton ...... Elizabethton ...... TN Union Planters Bank of North Central Tennessee ...... Erin ...... TN Peoples Bank of Elk Valley ...... Fayetteville ...... TN Jackson County Bank ...... Gainesboro ...... TN Tennessee State Bank ...... Gatlinburg ...... TN Bank of Goodlettsville ...... Goodlettsville ...... TN Greene County Bank ...... Greeneville ...... TN Bank of Halls ...... Halls ...... TN Commercial Bank ...... Harrogate ...... TN Community First Bank ...... Hartsville ...... TN Volunteer Bank ...... Jackson ...... TN Union Bank ...... Jamestown ...... TN Bank of Tennessee ...... Kingsport ...... TN Central State Bank ...... Lexington ...... TN First Bank ...... Lexington ...... TN Enterprise National Bank ...... Memphis ...... TN Tennessee Bank and Trust ...... Millington ...... TN First Bank and Trust ...... Mount Juliet ...... TN Cavalry Banking, FSB ...... Murfreesboro ...... TN First American National Bank ...... Nashville ...... TN Commercial Bank and Trust Company ...... Paris ...... TN Farmers Bank ...... Portland ...... TN Central Bank ...... Savannah ...... TN First Community Bank of Bedford County ...... Shelbyville ...... TN DeKalb County Bank and Trust ...... Smithville ...... TN Farmer's and Merchants Bank ...... Trezevant ...... TN American City Bank ...... Tullahoma ...... TN Reelfoot Bank ...... Union City ...... TN Bank of Commerce ...... Woodbury ...... TN Federal Home Loan Bank of IndianapolisÐDistrict 6 P.O. Box 60 Indianapolis, IN 46205±0060 First Federal Bank ...... Corydon ...... IN Blue River Federal Savings Bank ...... Edinburgh ...... IN Bright National Bank ...... Flora ...... IN Norwest Bank, Indiana ...... Fort Wayne ...... IN First United Savings Bank, FSB ...... Greencastle ...... IN Pacesetter Bank of Hartford City ...... Hartford City ...... IN Fifth Third Bank of Central Indiana ...... Indianapolis ...... IN Landmark Savings Bank, F.S.B...... Indianapolis ...... IN Peoples Bank and Trust Company ...... Indianapolis ...... IN Union Federal Savings Bank of Indianapolis ...... Indianapolis ...... IN Lafayette Savings Bank, F.S.B...... Lafayette ...... IN Farmers State Bank ...... Mentone ...... IN Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36423 Member City State First Federal Savings Bank of Indiana ...... Merrillville ...... IN Peoples Savings & Loan Association ...... Monticello ...... IN New Washington State Bank ...... New Washington ...... IN First Citizens State Bank ...... Newport ...... IN Citizens State Bank of Petersburg ...... Petersburg ...... IN Republic Bank ...... Ann Arbor ...... MI Signature Bank ...... Bad Axe ...... MI Lake-Osceola State Bank ...... Baldwin ...... MI Central State Bank ...... Beulah ...... MI Community Bank ...... Caro ...... MI Exchange State Bank ...... Carsonville ...... MI Home Federal Savings Bank of Detroit ...... Detroit ...... MI Northern Michigan Savings Bank ...... Escanaba ...... MI State Bank of Ewen ...... Ewen ...... MI Oakland Commerce Bank ...... Farmington Hills ...... MI State Savings Bank ...... Frankfort ...... MI Grand Bank ...... Grand Rapids ...... MI Kent City State Bank ...... Kent City ...... MI FMBÐSecurity Bank ...... Manistee ...... MI First National Bank in Macomb County ...... Mount Clemons ...... MI Firstbank ...... Mount Pleasant ...... MI First National Bank in Norway ...... Norway ...... MI Sterling Bank and Trust, FSB ...... Southfield ...... MI Macomb Federal Savings Bank ...... St. Clair Shores ...... MI SJS Federal Savings Bank ...... St. Joseph ...... MI Bank of Stephenson ...... Stephenson ...... MI Empire National Bank ...... Traverse City ...... MI Omni Savings Bank, F.S.B...... Columbia ...... SC Federal Home Loan Bank of ChicagoÐDistrict 7 111 East Wacker Drive Suite 700 Chicago, Illinois 60601 Aurora National Bank ...... Aurora ...... IL Merchants National Bank ...... Aurora ...... IL Magna Bank of St. Clair County, N.A...... Belleville ...... IL Colonial Bank ...... Chicago ...... IL Huntington Federal Savings Bank of Illinois ...... Chicago ...... IL Marquette National Bank ...... Chicago ...... IL South Shore Bank of Chicago ...... Chicago ...... IL First National Bank ...... Chicago Heights ...... IL Evanston Bank ...... Evanston ...... IL First Federal Savings and Loan Association ...... Herrin ...... IL Farmers State Bank of Hoffman ...... Hoffman ...... IL Community Trust Bank ...... Irvington ...... IL Jacksonville Savings Bank ...... Jacksonville ...... IL Kankakee Federal Savings and Loan Association ...... Kankakee ...... IL Union Federal Savings and Loan Association ...... Kewanee ...... IL First of AmericaÐNortheast ...... Libertyville ...... IL Prospect Federal Savings Bank ...... Lombard ...... IL Citizens National Bank of Macomb ...... Macomb ...... IL Heartland Savings Bank ...... Mattoon ...... IL First Suburban National Bank of Maywood ...... Maywood ...... IL Peoples National Bank ...... McLeansboro ...... IL First Midwest Bank/Western Illinois, N.A...... Moline ...... IL Nokomis Savings & Loan Association ...... Nokomis ...... IL Orangeville Community Bank ...... Orangeville ...... IL Palos Bank and Trust Company ...... Palos Heights ...... IL First State Bank of Red Bud ...... Red Bud ...... IL Amcore Bank of Rockford ...... Rockford ...... IL North Shore Trust and Savings ...... Waukegan ...... IL Waukegan Savings & Loan Association ...... Waukegan ...... IL First FS&LA of Westchester ...... Westchester ...... IL LaSalle Bank Westmont ...... Westmont ...... IL Metro Savings Bank, F.S.B...... Wood River ...... IL State Bank of Arcadia ...... Arcadia ...... WI State Bank of Argyle ...... Argyle ...... WI Belleville State Bank ...... Belleville ...... WI Blackhawk State Bank ...... Beloit ...... WI Citizens State Bank ...... Cadott ...... WI Badger State Bank ...... Cassville ...... WI State Bank of Chilton ...... Chilton ...... WI Citizens State Bank ...... Clinton ...... WI 36424 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Member City State Bank of Buffalo ...... Cochrane ...... WI London Square Bank ...... Eau Claire ...... WI Union Bank and Trust Company ...... Evansville ...... WI F&M BankÐFennimore ...... Fennimore ...... WI American Bank of Fond du Lac ...... Fond du Lac ...... WI Equitable Bank, S.S.B...... Hales Corner ...... WI State Financial Bank, Hales Corners ...... Hales Corner ...... WI Heritage Bank of Hayward ...... Hayward ...... WI Horicon State Bank ...... Horicon ...... WI Farmers and Merchants Bank of Jefferson ...... Jefferson ...... WI F&M BankÐKaukauna ...... Kaukauna ...... WI Marion State Bank ...... Marion ...... WI Mid-Wisconsin Bank of Medford ...... Medford ...... WI Mitchell Bank ...... Milwaukee ...... WI Farmers Savings Bank ...... Mineral Point ...... WI Bank of Mondovi ...... Mondovi ...... WI Montello State Bank ...... Montello ...... WI Necedah Bank ...... Necedah ...... WI Farmers Exchange Bank of Neshkoro ...... Neshkoro ...... WI Bank of New Glarus ...... New Glarus ...... WI Clare Bank, N.A...... Platteville ...... WI F&M BankÐPotosi ...... Potosi ...... WI Bank of Poynette ...... Poynette ...... WI Heritage Bank and Trust ...... Racine ...... WI Firstart Bank Sheboygan, N.A...... Sheboygan ...... WI State Bank of Stockbridge ...... Stockbridge ...... WI Wisconsin Savings Bank ...... Tomah ...... WI Westby-Coon Valley State Bank ...... Westby ...... WI Federal Home Loan Bank of Des MoinesÐDistrict 8 907 Walnut Street Des Moines, Iowa 50309 Ackley State Bank ...... Ackley ...... IA Exchange State Bank ...... Adair ...... IA First State Bank ...... Belmond ...... IA Hawkeye Bank of Council Bluffs ...... Council Bluffs ...... IA Security Bank and Trust Company ...... Decorah ...... IA Norwest Bank Iowa, N.A...... Des Moines ...... IA Pilot Grove Savings Bank ...... Pilot Grove ...... IA First Bank and Trust Company ...... Rock Rapids ...... IA Security National Bank of Sioux City ...... Sioux City ...... IA Citizens First National Bank ...... Storm Lake ...... IA First National Bank of Waverly ...... Waverly ...... IA Peoples Savings Bank ...... Wellsburg ...... IA Security Savings Bank ...... Williamsburg ...... IA State Bank of Worthington ...... Worthington ...... IA Atwater State Bank ...... Atwater ...... MN Border State Bank ...... Badger ...... MN First National Bank of Baudette ...... Baudette ...... MN Ameribank ...... Bloomington ...... MN First National Bank of Brewster ...... Brewster ...... MN Buffalo National Bank ...... Buffalo ...... MN First Security Bank ...... Byron ...... MN Peoples Bank of Commerce ...... Cambridge ...... MN First State Bank of Eden Prairie ...... Eden Prairie ...... MN Eitzen State Bank ...... Eitzen ...... MN Marquette Bank Golden Valley ...... Golden Valley ...... MN First Security BankÐHendricks ...... Hendricks ...... MN First National Bank of Henning ...... Henning ...... MN Jackson Federal Savings and Loan Association ...... Jackson ...... MN Janesville State Bank ...... Janesville ...... MN Citizens State Bank of Kelliher ...... Kelliher ...... MN Security State Bank of Kenyon ...... Kenyon ...... MN First Security BankÐLake Benton ...... Lake Benton ...... MN State Bank of Long Lake ...... Long Lake ...... MN Lake County State Bank ...... Long Prairie ...... MN First Security BankÐMadison ...... Madison ...... MN Bank of Maple Plain ...... Maple Plain ...... MN Melrose State Bank ...... Melrose ...... MN First National Bank in Montevideo ...... Montevideo ...... MN Mountain Iron First State Bank ...... Mountain Iron ...... MN Citizens Bank of New Ulm ...... New Ulm ...... MN State Bank and Trust Company of New Ulm ...... New Ulm ...... MN Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36425 Member City State Community National Bank ...... Northfield ...... MN First Security BankÐSanborn ...... Sanborn ...... MN First American Bank, N.A...... St. Cloud ...... MN American Bank National Association ...... St. Paul ...... MN American Commercial Bank ...... St. Paul ...... MN Western State Bank of St. Paul ...... St. Paul ...... MN First State Bank of Wabasha ...... Wabasha ...... MN Heritage Bank, N.A ...... Willmar ...... MN Citizens Bank of Southern Missouri ...... Ava ...... MO Jefferson Savings and Loan Association ...... Ballwin ...... MO Boone County National Bank of Columbia ...... Columbia ...... MO Tri-County State Bank ...... El Dorado Springs ...... MO Commercial Trust Company ...... Fayette ...... MO Hamilton Bank ...... Hamilton ...... MO Home Exchange Bank of Jamesport ...... Jamesport ...... MO Jefferson Bank of Missouri ...... Jefferson City ...... MO Central Bank of Kansas City ...... Kansas City ...... MO Hillcrest Bank ...... Kansas City ...... MO Kearney Trust Company ...... Kearney ...... MO Lawson Bank ...... Lawson ...... MO United State Bank ...... Lewistown ...... MO Platte Valley Bank of Missouri ...... Platte City ...... MO State Bank of Slater ...... Slater ...... MO Citizens Bank of Sparta ...... Sparta ...... MO Heritage Bank of St. Joseph ...... St. Joseph ...... MO Southwest Bank of St. Louis ...... St. Louis ...... MO First Community Bank ...... Windsor ...... MO Security State Bank of Edgeley ...... Edgeley ...... ND First American Bank and Trust of Grafton ...... Grafton ...... ND Stutsman County State Bank ...... Jamestown ...... ND First Southwest BankÐMandan ...... Mandan ...... ND First National Bank of Oakes ...... Oakes ...... ND Bank of Steele ...... Steele ...... ND Peoples State Bank ...... Westhope ...... ND Security State Bank ...... Wishek ...... ND Dakota State Bank ...... Blunt ...... SD First Madison Bank ...... Madison ...... SD Security State Bank ...... Madison ...... SD BankWest, Inc ...... Pierre ...... SD First National Bank of White ...... White ...... SD Federal Home Loan Bank of DallasÐDistrict 9 5605 North MacArthur Boulevard 9th Floor Dallas/Fort Worth, Texas 75261±9026 First National Bank of Izard County ...... Calico Rock ...... AR First National Bank of Crossett ...... Crossett ...... AR Farmers and Merchants Bank ...... Des Arc ...... AR Dumas State Bank ...... Dumas ...... AR Citizens Bank of Northwest Arkansas ...... Fayetteville ...... AR First National Bank of Phillips County ...... Helena ...... AR First Bank of Arkansas ...... Jonesboro ...... AR Simmons First Bank of Jonesboro ...... Jonesboro ...... AR Central Bank and Trust ...... Little Rock ...... AR Merchants and Planters Bank ...... Manila ...... AR Citizens' Bank ...... Marion ...... AR Citizens National Bank of Nashville ...... Nashville ...... AR Twin City Bank ...... North Little Rock ...... AR Farmers and Merchants Bank ...... Prairie Grove ...... AR Commercial National Bank of Texarkana ...... Texarkana ...... AR First Bank of Arkansas ...... Wynne ...... AR Bank of Commere ...... Baton Rouge ...... LA Mississippi River Bank ...... Belle Chasse ...... LA Bank of Gonzales ...... Gonzales ...... LA Kaplan State Bank ...... Kaplan ...... LA Vermilion Bank and Trust Company ...... Kaplan ...... LA Peoples State Bank of Many ...... Many ...... LA Sabine State Bank and Trust Company ...... Many ...... LA Minden Bank and Trust Company ...... Minden ...... LA First National Bank in St. Mary Parish ...... Morgan City ...... LA City Bank and Trust Company ...... Natchitoches ...... LA Exchange Bank and Trust Company ...... Natchitoches ...... LA Liberty Bank and Trust Company ...... New Orleans ...... LA 36426 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Member City State Sicily Island State Bank ...... Sicily Island ...... LA First NBC ...... Slidell ...... LA St. Martin Bank and Trust Company ...... St. Martinville ...... LA Concordia Bank and Trust Company ...... Vidalia ...... LA Evangeline Bank and Trust Company ...... Ville Platte ...... LA Citizens Bank and Trust Company of Vivian ...... Vivian ...... LA Progressive State Bank and Trust Company ...... Winnsboro ...... LA Carthage Bank ...... Carthage ...... MS First National Bank ...... Clarksdale ...... MS Union Planters Bank ...... Clarksdale ...... MS Bank of the South ...... Crystal Springs ...... MS Commercial Bank of De Kalb ...... De Kalb ...... MS Farmers and Merchants Bank ...... Forest ...... MS Hancock Bank ...... Gulfport ...... MS Peoples Bank of Mississippi ...... Indianola ...... MS Bank of Lucedale ...... Lucedale ...... MS Great Southern National Bank ...... Meridian ...... MS Home Savings Bank, SSB ...... Meridian ...... MS Newton County Bank ...... Newton ...... MS First National Bank of Oxford ...... Oxford ...... MS Citizens National Bank ...... Pascagoula ...... MS Citizens Bank of Philadelphia ...... Philadelphia ...... MS Peoples Bank ...... Ripley ...... MS Peoples Bank and Trust Company ...... Tupelo ...... MS Ranchers State Bank ...... Belen ...... NM Carlsbad National Bank ...... Carlsbad ...... NM Community Bank ...... Espanola ...... NM First National Bank of Farmington ...... Farmington ...... NM Western Bank ...... Lordsburg ...... NM Centinel Bank of Taos ...... Taos ...... NM Peoples Bank ...... Taos ...... NM McFarland Brothers Bank ...... Tucumcari ...... NM Amarillo National Bank ...... Amarillo ...... TX First State Bank ...... Bandera ...... TX Community Bank ...... Beaumont ...... TX Citizens National Bank at Brownwood ...... Brownwood ...... TX Burleson State Bank ...... Burleson ...... TX Columbus State Bank ...... Columbus ...... TX Citizens State Bank of Corpus Christi ...... Corpus Christi ...... TX Reunion Bank ...... Dallas ...... TX First National Bank of Ennis ...... Ennis ...... TX First National Bank of Fabens ...... Fabens ...... TX Bank of Commerce ...... Fort Worth ...... TX Central Bank and Trust ...... Fort Worth ...... TX First State Bank ...... Granger ...... TX First Bank ...... Houston ...... TX First National Bank ...... Kerrville ...... TX Laredo National Bank ...... Laredo ...... TX First State Bank ...... Livingston ...... TX First National Bank in Lockney ...... Lockney ...... TX First Bank and Trust of Memphis ...... Memphis ...... TX Franklin National Bank ...... Mount Vernon ...... TX Citizens Bank ...... New Braunfels ...... TX Liberty National Bank in Paris ...... Paris ...... TX Security State Bank ...... Pearsall ...... TX Rosenberg Bank & Trust ...... Rosenberg ...... TX Farmers National Bank ...... Rule ...... TX First National Bank of San Benito ...... San Benito ...... TX American National Bank ...... Texarkana ...... TX Mainland Bank ...... Texas City ...... TX ProBank, N.A ...... The Woodlands ...... TX Texas National Bank ...... Tomball ...... TX American Bank, N.A ...... Waco ...... TX Community Bank ...... Wellington ...... TX Federal Home Loan Bank of TopekaÐDistrict 10 Post Office Box 176 Topeka, Kansas 66601 First Bank of Arvada ...... Arvada ...... CO FirstBank of Aurora, N.A ...... Aurora ...... CO First National Bank of Las Animas ...... Las Animas ...... CO Pueblo Bank and Trust Company ...... Pueblo ...... CO FirstBank of Silverthorne, N.A...... Silverthorne ...... CO Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36427 Member City State First National Bank of Steamboat Springs ...... Steamboat Springs ...... CO FirstBank of Wheat Ridge, N.A...... Wheat Ridge ...... CO Community National Bank ...... Chanute ...... KS Farmers State Bank ...... Circleville ...... KS Bank of the Southwest ...... Dodge City ...... KS First State Bank ...... Edna ...... KS Commerce Bank ...... El Dorado ...... KS Emporia State Bank and Trust Company ...... Emporia ...... KS Kansas State Bank ...... Holton ...... KS Humboldt National Bank ...... Humboldt ...... KS First National Bank and Trust Company ...... Junction City ...... KS First State Bank of Kansas City ...... Kansas City ...... KS Guaranty Bank and Trust ...... Kansas City ...... KS Neodesha Savings and Loan Association, FSA ...... Neodesha ...... KS The Bank ...... Oberlin ...... KS Olathe Bank ...... Olathe ...... KS Metcalf State Bank ...... Overland Park ...... KS City National Bank of Pittsburg ...... Pittsburg ...... KS Citizens State Bank and Trust Company ...... Seneca ...... KS Commerce Bank and Trust ...... Topeka ...... KS Five Points Bank ...... Grand Island ...... NE Home State Bank ...... Louisville ...... NE Farmers & Merchants Bank ...... Milford ...... NE Norwest Bank Nebraska, N.A...... Omaha ...... NE Packers Bank and Trust Company ...... Omaha ...... NE First State Bank ...... Scottsbluff ...... NE Cattle National Bank of Seward ...... Seward ...... NE Jones National Bank and Trust Company ...... Seward ...... NE First National Bank of Wahoo ...... Wahoo ...... NE Community National Bank ...... Alva ...... OK American National Bank ...... Ardmore ...... OK Weststar Bank ...... Bartlesville ...... OK First National Bank of Bethany ...... Bethany ...... OK American National Bank of Bristow ...... Bristow ...... OK First National Bank of Chelsea ...... Chelsea ...... OK Farmers and Merchants Bank ...... Crescent ...... OK Grand Federal Savings Bank ...... Grove ...... OK Green County FS&LA ...... Miami ...... OK Liberty Bank and Trust of Oklahoma City, N.A...... Oklahoma City ...... OK First National Bank of Okmulgee ...... Okmulgee ...... OK Farmers and Merchants Bank of Piedmont ...... Piedmont ...... OK McClain County National Bank ...... Purcell ...... OK Liberty Bank and Trust Company of Tulsa ...... Tulsa ...... OK Federal Home Loan Bank of San FranciscoÐDistrict 11 307 East Chapman Avenue Orange, California 92666 First Central Bank, N.A...... Cerritos ...... CA Southern Pacific Thrift & Loan ...... Culver City ...... CA EurekaBank, a FSB ...... Foster City ...... CA Western Bank ...... Los Angeles ...... CA County Bank of Merced ...... Merced ...... CA CivicBank of Commerce ...... Oakland ...... CA Ventura County National Bank ...... Oxnard ...... CA Redlands Federal Bank, F.S.B...... Redlands ...... CA Bay Area Bank ...... Redwood City ...... CA U.S. Bank of California ...... Sacramento ...... CA Central Sierra Bank ...... San Andreas ...... CA Bank of San Francisco ...... San Francisco ...... CA First Republic Thrift and Loan ...... San Francisco ...... CA Sequoia National Bank ...... San Francisco ...... CA Coast Commercial Bank ...... Santa Cruz ...... CA Saratoga National Bank ...... Saratoga ...... CA Del Amo Savings Bank, FSB ...... Torrance ...... CA Comstock Bank ...... Reno ...... NV Federal Home Loan Bank of SeattleÐDistrict 12 1501 4th Avenue Seattle, Washington 98101±1693 Valley of Belgrade ...... Belgrade ...... MT FirstWest Bank ...... Glendive ...... MT Citizens' State Bank ...... Hamilton ...... MT 36428 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Member City State First Security Bank of Kalispell ...... Kalispell ...... MT Valley Bank of Kalispell ...... Kalispell ...... MT First National Bank in Libby ...... Libby ...... MT Bitterroot Valley Bank ...... Lolo ...... MT Richland Bank and Trust ...... Sidney ...... MT West One Bank, Oregon ...... Portland ...... OR First National Bank of Layton ...... Layton ...... UT Wasatch Bank ...... Orem ...... UT Anchor Mutual Savings Bank ...... Aberdeen ...... WA Bank of Grays Harbor ...... Aberdeen ...... WA Cascade Community Bank ...... Auburn ...... WA Cashmere Valley Bank ...... Cashmere ...... WA First American State Bank ...... Centralia ...... WA Security State Bank ...... Centralia ...... WA West Coast Mutual Savings Bank ...... Centralia ...... WA North Cascades National Bank ...... Chelan ...... WA Bank of Whitman ...... Colfax ...... WA Grant National Bank ...... Ephrata ...... WA Everett Mutual Savings Bank ...... Everett ...... WA Islanders Bank ...... Friday Harbor ...... WA Bank of Latah ...... Latah ...... WA Bank of the Pacific ...... Long Beach ...... WA First National Bank of Port Orchard ...... Port Orchard ...... WA First Heritage Bank of Snohomish ...... Snohomish ...... WA Home Security Bank ...... Sunnyside ...... WA Northwest Community Bank ...... Tacoma ...... WA Bank of the West ...... Walla Walla ...... WA Prairie Security Bank ...... Yelm ...... WA American National Bank of Cheyenne ...... Cheyenne ...... WY First National Bank of Wyoming ...... Laramie ...... WY C. Due Dates Community Support records of the directive was issued to the Federal Members selected for review must FHLBank members pending review. Reserve Bank of New York as follows: submit completed Community Support Any person wishing to submit written The information reviewed at this Statements to their FHLBanks no later comments on the Community Support meeting suggests that the expansion of than August 31, 1995. performance of a FHLBank member economic activity has slowed All public comments concerning the under review in this quarter should considerably further. In April, nonfarm Community Support performance of send those comments to the member’s payroll employment was about selected members must be submitted to FHLBank by the due date indicated in unchanged after posting reduced gains the members’ FHLBanks no later than order to be considered in the review in the first quarter, and the civilian August 31, 1995. process. unemployment rate rose to 5.8 percent. Industrial production fell in April, D. Notice to Members Selected Dated: July 7, 1995. By the Federal Housing Finance Board. largely reflecting a cutback in the production of motor vehicles, and Within 15 days of this Notice’s Rita I. Fair, publication in the Federal Register, the capacity utilization rates declined Managing Director. individual FHLBanks will notify each somewhat. Reflecting markedly weaker member selected to be reviewed that the [FR Doc. 95–17142 Filed 7–14–95; 8:45 am] demand for motor vehicles, total retail member has been selected and when the BILLING CODE 6725±01±P sales were down in April after rising member must return the completed moderately over the first quarter. Community Support Statement. At that Housing starts were unchanged in April after declining sharply in the first time, the FHLBank will provide the FEDERAL RESERVE SYSTEM member with a Community Support quarter. Orders for nondefense capital Statement form and written instructions Federal Open Market Committee; goods point to further strong expansion and will offer assistance to the member Domestic Policy Directive of May 23, of spending on business equipment; in completing the Statement. The 1995 nonresidential construction has FHLBank will only review Statements continued to trend appreciably higher. for completeness, as the Housing In accordance with § 271.5 of its rules The nominal deficit on U.S. trade in Finance Board will conduct the actual regarding availability of information (12 goods and services widened in the first review. CFR part 271), there is set forth below quarter from its average rate in the the domestic policy directive issued by fourth quarter. Broad indexes of E. Notice to Public the Federal Open Market Committee at consumer and producer prices have At the same time that the FHLBank its meeting held on May 23, 1995.1 The increased faster on average thus far this members selected for review are notified year, while advances in labor of their selection, each FHLBank will 1 Copies of the Minutes of the Federal Open compensation costs have remained also notify community groups and other Market Committee meeting of May 23, 1995, which subdued. include the domestic policy directive issued at that interested members of the public. meeting, are available upon request to the Board of The purpose of this notification will Governors of the Federal Reserve System, in the Federal Reserve Bulletin and in the Board’s be to solicit public comment on the Washington, D.C. 20551. The minutes are published annual report. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36429 Intermediate- and long-term interest First Banks, Inc.; Acquisition of First Commerce Corporation, et al.; rates have declined considerably further Company Engaged in Permissible Formations of; Acquisitions by; and since the Committee meeting on March Nonbanking Activities Mergers of Bank Holding Companies 28, while short-term rates have registered small decreases. In foreign The organization listed in this notice The companies listed in this notice exchange markets, the trade-weighted has applied under § 225.23(a)(2) or (f) have applied for the Board’s approval under section 3 of the Bank Holding value of the dollar in terms of the other of the Board’s Regulation Y (12 CFR Company Act (12 U.S.C. 1842) and § G–10 currencies, after falling to low 225.23(a)(2) or (f)) for the Board’s 225.14 of the Board’s Regulation Y (12 levels, rose on balance over the approval under section 4(c)(8) of the Bank Holding Company Act (12 U.S.C. CFR 225.14) to become a bank holding intermeeting period. 1843(c)(8)) and § 225.21(a) of Regulation company or to acquire a bank or bank M2 and M3 strengthened in March Y (12 CFR 225.21(a)) to acquire or holding company. The factors that are and April. For the year through April, control voting securities or assets of a considered in acting on the applications M2 expanded at a rate in the lower half company engaged in a nonbanking are set forth in section 3(c) of the Act of its range for 1995 and M3 grew at a activity that is listed in § 225.25 of (12 U.S.C. 1842(c)). rate somewhat above its range. Total Regulation Y as closely related to Each application is available for domestic nonfinancial debt has grown at banking and permissible for bank immediate inspection at the Federal a rate a bit above the midpoint of its holding companies. Unless otherwise Reserve Bank indicated. Once the monitoring range in recent months. noted, such activities will be conducted application has been accepted for processing, it will also be available for The Federal Open Market Committee throughout the United States. inspection at the offices of the Board of seeks monetary and financial conditions The application is available for Governors. Interested persons may that will foster price stability and immediate inspection at the Federal express their views in writing to the promote sustainable growth in output. Reserve Bank indicated. Once the application has been accepted for Reserve Bank or to the offices of the In furtherance of these objectives, the Board of Governors. Any comment on Committee at its meeting on January 31- processing, it will also be available for inspection at the offices of the Board of an application that requests a hearing February 1 established ranges for growth Governors. Interested persons may must include a statement of why a of M2 and M3 of 1 to 5 percent and 0 express their views in writing on the written presentation would not suffice to 4 percent respectively, measured question whether consummation of the in lieu of a hearing, identifying from the fourth quarter of 1994 to the proposal can ‘‘reasonably be expected to specifically any questions of fact that fourth quarter of 1995. The Committee produce benefits to the public, such as are in dispute and summarizing the anticipated that money growth within greater convenience, increased evidence that would be presented at a these ranges would be consistent with competition, or gains in efficiency, that hearing. its broad policy objectives. The outweigh possible adverse effects, such Unless otherwise noted, comments monitoring range for growth of total as undue concentration of resources, regarding each of these applications domestic nonfinancial debt was lowered decreased or unfair competition, must be received not later than August to 3 to 7 percent for the year. The conflicts of interests, or unsound 10, 1995. behavior of the monetary aggregates will banking practices.’’ Any request for a A. Federal Reserve Bank of Atlanta continue to be evaluated in the light of hearing on this question must be (Zane R. Kelley, Vice President) 104 progress toward price level stability, accompanied by a statement of the Marietta Street, N.W., Atlanta, Georgia movements in their velocities, and reasons a written presentation would 30303: developments in the economy and not suffice in lieu of a hearing, 1. First Commerce Corporation, New financial markets. identifying specifically any questions of Orleans, Louisiana; to merge with Central Corporation, Monroe, Louisiana, In the implementation of policy for fact that are in dispute, summarizing the evidence that would be presented at a and thereby indirectly acquire Central the immediate future, the Committee hearing, and indicating how the party Bank, Monroe, Louisiana, and First seeks to maintain the existing degree of commenting would be aggrieved by United Bank of Farmerville, pressure on reserve positions. In the approval of the proposal. Farmerville, Louisiana. context of the Committee’s long-run B. Federal Reserve Bank of Chicago objectives for price stability and Comments regarding the application must be received at the Reserve Bank (James A. Bluemle, Vice President) 230 sustainable economic growth, and indicated or the offices of the Board of South LaSalle Street, Chicago, Illinois giving careful consideration to Governors not later than July 31, 1995. 60690: economic, financial, and monetary 1. Ida Grove Bancshares, Inc., Ida developments, somewhat greater reserve A. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice President) 411 Grove, Iowa; to acquire 80.1 percent of restraint or somewhat lesser reserve Locust Street, St. Louis, Missouri 63166: the voting shares of American restraint would be acceptable in the Bancshares, Inc., Holstein, Iowa (in 1. First Banks, Inc., St. Louis, intermeeting period. The contemplated organization), and thereby indirectly Missouri; to acquire La Cumbre Savings reserve conditions are expected to be acquire American National Bank, Bank, F.S.B., Santa Barbara, California, consistent with moderate growth in M2 Holstein, Iowa. and thereby engage in operating a and M3 over coming months. savings association, pursuant to § In connection with this application, By order of the Federal Open Market 225.25(b)(9) of the Board’s Regulation Y. American Bancshares, Inc., Holstein, Committee, July 11, 1995. Iowa, (in organization); also has applied Board of Governors of the Federal Reserve to become a bank holding company by Donald L. Kohn, System, July 11, 1995. acquiring 100 percent of the voting Secretary, Federal Open Market Committee. Jennifer J. Johnson, shares of American National Bank, [FR Doc. 95–17412 Filed 7–14–95; 8:45 am] Deputy Secretary of the Board. Holstein, Iowa. BILLING CODE 6210±01±F [FR Doc. 95–17413 Filed 7–14–95; 8:45 am] C. Federal Reserve Bank of BILLING CODE 6210±01±F Minneapolis (James M. Lyon, Vice 36430 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices President) 250 Marquette Avenue, objectives of ‘‘Healthy People 2000,’’ a older adults, and racial/ethnic Minneapolis, Minnesota 55480: PHS-led national activity to reduce minorities. 1. Mott Bankshares, Inc., Mott, North morbidity and mortality and improve 2. Approximately $350,000 will be Dakota; to become a bank holding the quality of life. This announcement available to fund national organizations company by acquiring 49 percent of the is related to the priority area of Physical experienced in physical activity voting shares of Commercial Bank of Activity and Fitness. (To order a copy promotion. Mott, Mott, North Dakota. of ‘‘Healthy People 2000,’’ see the It is expected that the awards will In connection with this application, section WHERE TO OBTAIN ADDITIONAL begin on or about September 30, 1995, Commercial Bank of Mott Employee INFORMATION.) and will be made for a 12-month budget Stock Ownership Plan and Trust, Mott, period within a project period of up to North Dakota, also has applied to Authority one year. Funding estimates may vary become a bank holding company by This program is authorized under and are subject to change. acquiring 51 percent of the voting shares Section 317(k)(2) [42 U.S.C. 247(k)(2)] of Purpose of Commercial Bank of Mott, Mott, the Public Health Service Act, as North Dakota. amended. The purpose of National Physical D. Federal Reserve Bank of Kansas Activity Program is to mobilize City (John E. Yorke, Senior Vice Smoke-Free Workplace constituencies and establish or enhance President) 925 Grand Avenue, Kansas PHS strongly encourages all grant partnerships within and among national City, Missouri 64198: recipients to provide a smoke-free organizations to actively promote 1. Ercil P. and Lee Nell Phillips workplace and to promote the nonuse of regular, moderate-intensity physical Charitable Remainder Unitrust, all tobacco products, and Public Law activity. Pleasanton, Nebraska; to become a bank 103–227, the Pro-Children Act of 1994, Program Requirements holding company by acquiring 50.2 prohibits smoking in certain facilities percent of the voting shares of that receive Federal funds in which Organizations will be required to Pleasanton State Bank, Pleasanton, education, library, day care, health care, focus on building or expanding physical Nebraska. and early childhood development activity promotion efforts within their 2. Platte Valley Cattle Co., Grand services are provided to children. constituencies and in partnership with Island, Nebraska; to acquire 100 percent other national organizations. Activities of the voting shares of Pleasanton State Eligible Applicants supported through this program Bank, Pleasanton, Nebraska. Eligible applicants are national announcement must be directly related Board of Governors of the Federal Reserve organizations that are public, private, to the promotion of regular, moderate- System, July 12, 1995. nonprofit, and for-profit or voluntary intensity physical activity. Jennifer J. Johnson, agencies that have organizational To achieve the purpose of this capacities and experience to assist program, the recipient will be Deputy Secretary of the Board. constituencies, their affiliates, and/or responsible for the following activities: [FR Doc. 95–17414 Filed 7–14–95; 8:45 am] other relevant agencies in the promotion 1. Implement organizational policies BILLING CODE 6210±01±F of physical activity. National and initiatives promoting physical organizations are those that operate at activity within affiliates and/or other the national level, and have activities or organizations serving target populations DEPARTMENT OF HEALTH AND offices in at least ten States or at the national, State, and local levels. HUMAN SERVICES territories. This announcement is 2. Provide technical advice, training, limited to national organizations to and assistance, as appropriate. Centers for Disease Control and ensure dissemination of consistent 3. Participate in CDC’s national Prevention messages and information to all States promotion of physical activity. [Announcement 546] within a short period of time. 4. Disseminate programmatic States or their bona fide agents or information, and target such National Physical Activity Program instrumentalities are not eligible for information to appropriate recipients. 5. Mobilize constituencies and Introduction funding under this program announcement. establish or enhance partnerships to The Centers for Disease Control and A physical activity network currently achieve one or more of the following Prevention (CDC) announces the exists among States for the promotion of goals: availability of fiscal year (FY) 1995 physical health activities. —Media advocacy through national, funds for the two competitive categories No applications will be accepted from State, local, or organizationally-based of a one-year grant program for National applicants who do not meet the initiatives; Physical Activity Program. National eligibility criteria. —Educational interventions which may organizations which have experience in include education of the public about promoting physical activity are Availability of Funds physical activity recommendations encouraged to apply, as well as those Approximately $700,000 is available and ways to comply, incentives and that have not traditionally been active in in FY 1995 to fund approximately 14 competition, community the physical activity promotion field but awards in two competitive categories. It mobilization, etc. are experienced in reaching women, is expected that the average award will —National, State, and/or local policy older adults, and/or racial/ethnic be $50,000, ranging from $20,000 to initiatives that encourage physical minority populations (including $100,000. activity, such as encouraging African-Americans, Hispanics/Latinos, 1. Approximately $350,000 will be developers building housing projects Asians/Pacific Islanders, and American available to fund national organizations to include sidewalks, bike/pedestrian Indians/Alaska Natives). whose mission does not focus on paths, and open recreation areas. The Public Health Service (PHS) is physical activity, but which —Support planning or implementation committed to achieving the health traditionally serve one or more of the of community infrastructure changes promotion and disease prevention following target populations: women, which encourage physical activity. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36431 6. Attend and participate in two 2-day for each affected State. A current list of or 1.(b) above are considered late workshops in Atlanta, Georgia, (no more SPOCs is included in the application applications. Late applications will not than two individuals per grantee in kit. The due date for State process be considered in the current attendance). recommendations will be 30 days after competition and will be returned to the the application deadline date for new applicant. Evaluation Criteria (Total 100 Points) and competing continuation awards (the Where To Obtain Additional Applications will be will be reviewed appropriations for these financial Information and evaluated according to the assistance awards were received late in following criteria: the FY and would not allow for an To receive additional written A. Background/Need (10 points) application receipt date which would information call (404) 332–4561. You accommodate the 60 day State will be asked to leave your name, The extent to which the applicant recommendation process within FY address, and phone number and will justifies the need for the project. 1995). If SPOCs have any State process need to refer to Announcement Number B. Capacity (20 points) recommendations on applications 546. You will receive a complete submitted to CDC, they should send program description, information on The extent to which the applicant them to Clara M. Jenkins, Grants application procedures, and application identifies and describes target Management Officer, Grants forms. populations and constituencies; and Management Branch, Procurement and If you have questions after reviewing demonstrates the capacity, ability, and Grants Office, Centers for Disease the contents of all the documents, leadership potential to address the Control and Prevention (CDC), 255 East business management technical identified needs and develop and Paces Ferry Road, NE., Atlanta, GA assistance may be obtained from conduct program activities. 30305, no later than 30 days after the Nealean K. Austin, Grants Management C. Goals and Objectives (25 points) application deadline date. The Specialist, Grants Management Branch, Announcement Number and Program Procurement and Grants Office, Centers The extent to which objectives are Title should be referenced on the for Disease Control and Prevention specific, measurable, feasible, directly document. The granting agency does not (CDC), 255 East Paces Ferry Road, NE., related to the program’s goals, and guarantee to ‘‘accommodate or explain’’ Room 314, Mailstop E–18, Atlanta, GA appear achievable within a one year State process recommendations it 30305, telephone (404) 842–6508. project period. receives after that date. Programmatic technical assistance D. Operational Plan (25 points) Public Health System Reporting may be obtained from John M. Davis, The feasibility and appropriateness of Requirements Division of Chronic Disease Control and Community Intervention, National the operational plan and evaluation This program is not subject to the process. Center for Chronic Disease Prevention Public Health System Reporting and Health Promotion, Centers for E. Collaborating (20 points) Requirements. Disease Control and Prevention (CDC), The extent to which the applicant Catalog of Federal Domestic Assistance 4770 Buford Highway, NE., Mailstop K– describes in detail how it will Number 46, Atlanta, GA 30341–3724, telephone (404) 488–5692. collaborate with national, State, and/or The Catalog of Federal Domestic Please refer to Announcement 546 local physical activity promotion Assistance Number is 93.283. programs, and other appropriate when requesting information and national, State, and/or local Application Submission and Deadline submitting an application. organizations. The original and two copies of the Potential applicants may obtain a application PHS Form 5161–1 (Revised copy of ‘‘Healthy People 2000’’ (Full F. Budget and Accompanying Report, Stock number 017–001–00474– Justification (Not Weighted) 7/92, OMB Control Number 0937–0189) must be submitted to Clara M. Jenkins, 0), or ‘‘Healthy People 2000’’ (Summary The extent to which the applicant Grants Management Officer, Grants Report, Stock Number 017–001–00473– provides a detailed and clear budget Management Branch, Procurement and 1), referenced in the Introduction narrative consistent with the stated Grants Office, Centers for Disease through the Superintendent of objectives and planned activities of the Control and Prevention (CDC), 255 East Documents, Government Printing project, with no more than thirty Paces Ferry Road, NE., Room 314, Office, Washington, DC 20402–9325, percent of grant dollars being spent on Mailstop E–18, Atlanta, GA 30305, on or telephone (202) 512–0018. salaries. before August 18, 1995. Dated: July 10, 1995. Executive Order 12372 Review 1. Deadline: Applications shall be Joseph R. Carter, considered as meeting the deadline if Acting Associate Director for Management Applications are subject to they are either: and Operations, Centers for Disease Control Intergovernmental Review of Federal (a) Received on or before the deadline and Prevention (CDC). Programs as governed by Executive date; or [FR Doc. 95–17423 Filed 7–14–95; 8:45 am] Order (E.O.) 12372. E.O. 12372 sets up (b) Sent on or before the deadline date BILLING CODE 4163±18±P a system for State and local government and received in time for submission to review of proposed Federal assistance the objective review group. (Applicants applications. Applicants should contact must request a legibly dated U.S. Postal Advisory Committee for Injury their State Single Point of Contact Service postmark or obtain a legibly Prevention and Control: Conference (SPOC) as early as possible to alert them dated receipt from a commercial carrier Call Meeting to the prospective applications and or U.S. Postal Service. Private metered receive any necessary instructions on postmarks shall not be acceptable as In accordance with section 10(a)(2) of the State process. For proposed projects proof of timely mailing.) the Federal Advisory Committee Act serving more than one State, the 2. Late Applications: Applications (Pub. L. 92–463), the Centers for Disease applicant is advised to contact the SPOC which do not meet the criteria in 1.(a) Control and Prevention (CDC) 36432 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices announces the following conference call Dated: June 23, 1995. Field Supervisor, U.S. Fish and Wildlife committee meeting. Charles F. Wilkie, Service, Sacramento Field Office, 2800 Name: Advisory Committee for Injury Area Manager, Bighorn Basin Resource Area. Cottage Way, Room E–1823, Prevention and Control (ACIPC). [FR Doc. 95–17431 Filed 7–14–95; 8:45 am] Sacramento, California 95825. Time and Date: 2 p.m.–4 p.m., August 1, BILLING CODE 4310±22±P Individuals wishing copies of the 1995. application or EA for review should Place: National Center for Injury immediately contact the above office Prevention and Control (NCIPC), CDC, Koger Fish and Wildlife Service (916–979–2725). Please refer to permit Center, Vanderbilt Building, Conference number PRT–803749 when submitting Room 1004, 2939 Flowers Road, Atlanta, Availability of an Environmental comments. Georgia 30341. Assessment and Receipt of an FOR FURTHER INFORMATION CONTACT: Mr. Status: Closed: 2–4 p.m., August 1, 1995. Application for an Incidental Take Purpose: The Committee will continue to Michael Horton, at the office listed make recommendations on policy, strategy, Permit for Threatened and Endangered above. objectives, and priorities including the Species and an Agreement for Several SUPPLEMENTARY INFORMATION: balance and mix of intramural and Unlisted Species by the Regli Estate, extramural research; advise on the Humboldt County, California Background implementation of a national plan for injury Under section 9 of the Act, and its AGENCY: prevention and control, the development of Fish and Wildlife, Interior. implementing regulations, the ‘‘taking’’ new technologies and their application; and ACTION: Notice of document availability; of species listed as threatened or review progress toward injury prevention request for comments. endangered is prohibited. However, the and control. SUMMARY: This notice advises the public Service, under limited circumstances, Matters to be Discussed: The Science and may issue permits to take listed wildlife Program Review Work Group will consider that the Regli Estate (Applicant) has injury control research program project grant applied to the U.S. Fish and Wildlife species if such taking is incidental to, applications recommended for further Service (Service) for an incidental take and not the purpose of, otherwise lawful consideration by CDC’s Injury Research Grant permit pursuant to section 10(a)(1)(B) of activities. Regulations governing Review Committee. The meeting will be the Endangered Species Act of 1973, as permits are promulgated at 50 CFR closed to the public in accordance with amended (Act). The application has 17.32 for threatened species, and 50 provisions set forth in sections 552b(c) (4) been assigned permit number PRT– CFR 17.22 for endangered species. and (6), title 5 U.S.C., and the Determination The Applicant is proposing to harvest 803749. The proposed permit would of the Associate Director for Management and approximately 113 acres of timber from authorize the incidental take of the Operations, CDC, pursuant to Pub. L. 92–463. their 480-acre ownership in Humboldt threatened northern spotted owl (Strix Agenda items are subject to change as County, California. The harvest areas priorities dictate. occidentalis caurina, owl) and marbled contain second-growth white fir (Aibes Contact Person for More Information: Tom murrelet (Brachyramphus marmoratus, concolor), Sitka spruce (Picea Bartenfeld, Acting Executive Secretary, murrelet), and the endangered bald ACIPC, NCIPC, CDC, 4770 Buford Highway, sitchensis) and redwood (Sequoia eagle (Haliaeetus leucocephalus) and sempervirens), approximately 40 years NE, Mailstop K–60, Atlanta, Georgia 30341– American peregrine falcon (Falco 3724, telephone 404/488–4696. old, with a component of coastal peregrinus anatum, falcon) during hardwoods. The proposed timber Dated: July 11, 1995. proposed timber harvest activities, in Carolyn J. Russell, harvest would remove suitable owl accordance with the Applicant’s Habitat habitat and is likely to result in the take, Director, Management Analysis and Services Conservation Plan (HCP). The Applicant Office, Centers for Disease Control and as defined in the Act and its also has requested to enter into an implementing regulations. Although the Prevention (CDC). Implementing Agreement (IA) with the [FR Doc. 95–17419 Filed 7–14–95; 8:45 am] Applicant has applied for a permit to Service to conserve eight currently authorize incidental take of murrelets, BILLING CODE 4163±18±M unlisted species. The IA contains bald eagles, and falcons, suitable habitat provisions for amending the proposed for these species does not occur on the permit to include these currently property, and take is unlikely. The DEPARTMENT OF THE INTERIOR unlisted species should they Applicant has requested an IA with the subsequently become listed under the Bureau of Land Management Service to cover other species that are Act. not currently listed, but are addressed [WY±910±1640±00; 250F; WYW 129948] The Service also announces the by the HCP. These species include: availability of an Environmental northern goshawk (Accipiter gentilis), Notice of Realty Action; Sale of Public Assessment (EA) for the proposed Pacific fisher (Martes pennanti Land in Washakie County, Wyoming: issuance of the incidental take permit pacifica), marten (Martes americana), Correction and approval of the HCP and IA. All California red tree vole (Arborimus comments received, including names AGENCY: Bureau of Land Management, pomo), northern red-legged frog (Rana and addresses, will become part of the Interior. aurora aurora), tailed frog (Ascaphus official administrative record and may ACTION: Correction. truei), Del Norte salamander (Plethodon be made available to the public. This elongatus), and torrent salamander SUMMARY: In notice document 95–10015, notice is provided pursuant to section (Rhyacotriton variegatus). Effects of the beginning on page 20112, in the issue of 10(c) of the Act and National proposed action on these currently Monday, April 24, 1995, make the Environmental Policy Act regulations unlisted species are analyzed in the following corrections: (40 CFR 1506.6). HCP and EA. The permit and HCP On page 20113 in column 2, specific DATES: Written comments on the permit would be in effect for 20 years. The patent reservations should have application and EA should be received application includes the HCP and IA. included the following two rights-of- on or before August 16, 1995. The proposed harvest may result in ways: ADDRESSES: Comments regarding the take of one pair of owls due to removal WYW75336–Surface Water Flowline application or adequacy of the EA of suitable owl nesting and roosting WYW94115–Gas Pipeline and Road should be addressed to Mr. Joel Medlin, habitat. Under the HCP, impacts would Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36433 be mitigated by implementing selective remarks, review of design competition Street on August 11, 1995. The meeting harvest techniques that would maintain criteria and related proposal packages, will begin at 9:00 a.m. and will adjourn owl foraging habitat in all harvested schedule revision for design at approximately 4:00 p.m. areas, protecting an 80-acre core nesting competition and symposium, discussion The Underground Railroad Advisory area for one of the two owl pairs known and selection of juring site, Committee was established by Public to exist in the HCP area, and planting recommendation and selection of jury Law 101–628 to advise the Secretary of conifer species on approximately 80 chairman, decisions on future meetings, the Interior in preparation of a study of acres of currently unforested habitat communication requirements, alternatives for commemorating and within the HCP area which would result committee structure, etc. interpreting the Underground Railroad in a net increase in forested habitat over The meeting will be open to the used by slaves escaping to freedom time. In addition, take of owls would be public. However, facilities and space for before the conclusion of the Civil War. minimized using seasonal protection accommodating members of the public This will be the fifth meeting of the measures specified in the HCP. are limited, and persons will be Committee. The matters to be discussed The EA considers the environmental accommodated on a first-come-first- at the meeting include: consequences of five alternatives, served basis. Any member of the public —The study’s progress by the National including the proposed action and no may file a written statement concerning Park Service including the National action alternatives. The Proposed the matters to be discussed with: Historic Landmark Theme Study and Action alternative is issuance of the Superintendent, Little Bighorn the working draft Special Resource permit for the listed species and Battlefield National Monument, P.O. Study approval of the IA for the currently Box 39, Crow Agency, Montana 59022, —Committee finalizing their unlisted species. The No Action telephone (406) 638–2621. Minutes of recommendations on the expanded alternative would result in no the meeting will be available for public concepts for resource protection, immediate timber harvest. The ‘‘No- inspection four weeks after the meeting interpretation and commemoration of take’’ Harvest alternative would limit at the Office of the Superintendent of the Underground Railroad harvest to a level that would not take Little Bighorn Battlefield National —Presentation of the draft interpretive owls. The Delayed Operations Monument. brochure alternative considered the delay of SUPPLEMENTARY INFORMATION: The —Discussion of proposed actions by the harvest activities until the State of Advisory Committee was established National Park Service in regard to California completes its California under Title II of the Act of December 10, Underground Railroad Board of Forestry Conservation Plan. 1991, for the purpose of advising the This meeting has been scheduled with The Maximum Timber Harvest Secretary on the site selection for a less than 30 days notice because it was alternative involves the implementation memorial in honor and recognition of just recently determined to be the only of clear-cutting activities in a manner the Indians who fought to preserve their opportunity for a majority of the that would not maintain either of the land and culture at the Battle of Little committee members to meet while two owl territories on the property. Bighorn, on the conduct of a national accommodating their individual Dated: July 7, 1995. design competition for the memorial, schedules. The meeting will be open to Thomas J. Dwyer, and ‘‘* * * to ensure that the memorial the public. However, space and facilities Deputy Regional Director, Region 1 Portland, designed and constructed as provided in to accommodate members of the public Oregon. section 203 shall be appropriate to the are limited and people will be (Notice: Availability of an Environmental monument, its resources and landscape, accommodated on a first-come, first- Assessment and Receipt of an Application for sensitive to the history being portrayed served basis. Anyone may file a written a Permit Under Section 10(a)(1)(B) of the and artistically commendable.’’ statement concerning the matters to be Endangered Species Act.) discussed at the commission meetings. FOR FURTHER INFORMATION CONTACT: Ms. [FR Doc. 95–17424 Filed 7–14–95; 8:45 am] Barbara A. Sutteer, Indian Affairs For further information about the meeting or submitting statements, BILLING CODE 4310±55±P Coordinator, Intermountain Field Area Office, National Park Service, 12795 W. contact Mr. John Paige, Underground Alameda Parkway, P.O. Box 25287, Railroad Study Team Captain, National National Park Service Denver, Colorado 80225–0287 (303) Park Service, Denver Service Center- 969–2511. TEA, P.O. Box 25287, Denver, CO Indian Memorial Advisory Committee 80225–0287 (Telephone 303/969–2356). Dated: July 7, 1995. AGENCY: Dated: July 12, 1995. National Park Service, Interior. Gerard Baker, ACTION: Denis P. Galvin, Notice of meeting. Designated Federal Officer, Little Bighorn Battlefield National Monument, National Associate Director, Professional Services SUMMARY: This notice announces a Washington Office. scheduled meeting of the Indian Park Service. [FR Doc. 95–17428 Filed 7–14–95; 8:45 am] [FR Doc. 95–17486 Filed 7–14–95; 8:45 am] Memorial Advisory Committee. Notice BILLING CODE 4310±70±M of this meeting is required under the BILLING CODE 4310±70±P Federal Advisory Committee Act (Public Law 92–463). Underground Railroad Advisory INTERSTATE COMMERCE MEETING DATE AND TIME: August 4–5, Committee; Meeting COMMISSION 1995, 8:00 a.m.–5:00 p.m. [Docket No. AB±55 (Sub-No. 497X)] ADDRESSES: Sherman Motor Inn, 200 Notice is hereby given in accordance East Main Street, Wolf Point, Montana with the Federal Advisory Committee CSX Transportation, Inc.Ð 59201. Act, 5 U.S.C. that a meeting of the Abandonment ExemptionÐin Allegany The Agenda of this meeting will be: Underground Railroad Advisory County, MD, and Mineral County, WV Review minutes of last meeting, discuss Committee will be held in Philadelphia, follow-up actions from previous Pennsylvania in room 320A, in the AGENCY: Interstate Commerce meeting, introductions/opening Customshouse located at 200 Chestnut Commission. 36434 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices ACTION: Notice of exemption. By the Commission, Chairman Morgan, grouped into submission categories, Vice Chairman Owen, and Commissioners with each entry containing the Simmons and McDonald. SUMMARY: The Commission, pursuant to following information: 49 U.S.C. 10505, exempts CSX Vernon A. Williams, (1) The title of the form/collection; Transportation, Inc. (CSXT), from the Secretary. (2) The agency form number, if any, prior approval requirements of 49 U.S.C. [FR Doc. 95–17438 Filed 7–14–95; 8:45 am] and the applicable component of the 10903–04 to permit CSXT to abandon a BILLING CODE 7035±01±P Department sponsoring the collection; (3) Who will be asked or required to 3.32-mile portion of its Cumberland respond, as well as a brief abstract; Subdivision, in Allegany County, MD, [Finance Docket No. 32739] (4) An estimate of the total number of and Mineral County, WV. The respondents and the amount of time abandonment begins at the Western Berkman Rail Services, Inc.Ð estimated for an average respondent to Maryland/B&O point of switch, from Acquisition and Operation respond; Valuation Station 26+22.3 to Valuation ExemptionÐConsolidated Rail (5) An estimate of the total public Station 2+29.3, extends from milepost Corporation burden (in hours) associated with the BA–165.74 to milepost BA–163.19, and Berkman Rail Services, Inc. collection; and, includes the 0.32-mile Virginia Avenue (Berkman), a noncarrier and new (6) An indication as to whether Industrial Track, from Valuation Station Pennsylvania for-profit corporation, has Section 3504(h) of Public Law 96–511 0+00 to Valuation Station 17+10. The filed a notice of exemption to acquire applies. exemption will be subject to standard and operate 5.2 miles of rail line owned Comments and/or suggestions regarding employee protective conditions and a by Consolidated Rail Corporation, the item(s) contained in this notice, historic preservation condition. known as the Schenley Industrial Track especially regarding the estimated public burden and associated response DATES: Provided no formal expression of extending from milepost 0.0 to milepost time, should be directed to the OMB intent to file an offer of financial 4.0, between Schenley, PA and Bagdad, reviewer, Mr. Jeff Hill on (202) 395– assistance (OFA) has been received, this PA, and from milepost 28.8 to milepost 7340 and to the Department of Justice’s exemption will be effective on August 30.0, between Kiski Junction, PA and Clearance Officer, Mr. Robert B. Briggs, 16, 1995. Formal expressions of intent Schenley, PA. The transaction was on (202) 514–4319. If you anticipate to file an OFA under 49 CFR expected to be consummated on or 1 commenting on a form/collection, but 1152.27(c)(2) 1 and requests for issuance before June 30, 1995. Any comments must be filed with the find that time to prepare such comments of a notice of interim trail use under 49 Commission and served on: Richard R. will prevent you from prompt CFR 1152.29 must be filed by July 27, Wilson, Esq., 2310 Grant Building, submission, you should notify the OMB 1995, petitions to stay must be filed by Pittsburgh, PA 15219. reviewer and the Department of Justice August 1, 1995, requests for a public use This notice is filed under 49 CFR Clearance Officer of your intent as soon condition conforming to 49 CFR 1150.31. If the notice contains false or as possible. Written comments regarding 1152.28(a)(2) must be filed by August 7, misleading information, the exemption the burden estimate or any other aspect 1995, and petitions to reopen must be is void ab initio. Petitions to revoke the of the collection may be submitted to filed by August 11, 1995. exemption under 49 U.S.C. 10505(d) Office of Information and Regulatory ADDRESSES: Send pleadings, referring to may be filed at any time. The filing of Affairs, Office of Management and Docket No. AB–55 (Sub-No. 497X), to: a petition to revoke will not Budget, Washington, DC 20503, and to (1) Office of the Secretary, Case Control automatically stay the transaction. Mr. Robert B. Briggs, Department of Branch, Interstate Commerce Decided: July 6, 1995. Justice Clearance Officer, Systems Commission, 1201 Constitution Avenue, By the Commission, David M. Konschnik, Policy Staff/Information Resources N.W., Washington, D.C. 20423; and (2) Director, Office of Proceedings. Management/Justice Management Petitioner’s representative: Charles M. Vernon A. Williams, Division Suite 850, WCTR, Washington, Rosenberger, 500 Water Street—J150, Secretary. DC 20530. Jacksonville, FL 32202. [FR Doc. 95–17440 Filed 7–14–95; 8:45 am] New collection FOR FURTHER INFORMATION CONTACT: BILLING CODE 7035±01±P (1) ABC Change of Address Form and Beryl Gordon, (202) 927–5610. [TDD for Special Filing Instructions for ABC the hearing impaired: (202) 927–5721.] Class Members. DEPARTMENT OF JUSTICE (2) INS Form I–855 and M–426. SUPPLEMENTARY INFORMATION: Immigration and Naturalization Service, Additional information is contained in Information Collections Under Review United States Department of Justice. the Commission’s decision. To purchase (3) Primary: Individuals or a copy of the full decision, write to, call, The Office of Management and Budget (OMB) has sent the following households. Others: Not-for-profit or pick up in person from: Dynamic institutions. As a result of class action Concepts, Inc., Interstate Commerce collection(s) of information proposals for review under the provisions of the litigation concerning asylum claims by Commission Building, 1201 certain Salvadoran and Guatemalans Constitution Avenue, N.W., Room 2229, Paperwork Reduction Act (44 USC Chapter 35) and the Paperwork was resolved by a court-approved Washington, D.C. 20423. Telephone: settlement in American Baptist (202) 289–4357/4359. [Assistance for Reduction Authorization Act since the last list was published. Entries are Churches v. Thornburgh, 760 F. Supp. the hearing impaired is available 796 (N.D. Cal. 1991), and hereinafter through TDD services at (202) 927– 1 The verified notice of exemption was filed by referred to as ‘‘the ABC Settlement 5721.] Berkman on June 23, 1995, and the exemption Agreement,’’ or ‘‘the Agreement.’’ Under Decided: June 29, 1995. became effective 7 days later on June 30, 1995. the Agreement, certain Salvadoran and Thus, consummation could occur no sooner than June 30, 1995. Berkman stated in its notice that Guatemalan class members are entitled 1 See Exempt. of Rail Abandonment—Offers of consummation would not take place sooner than to a de novo asylum interview and Finan. Assist., 4 I.C.C.2d 164 (1987). the effective date of the exemption. adjudication under the Immigration and Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36435 Naturalization Service regulations (6) an indication as to whether Information Collections Under Review which were in effect on October 1, 1990. Section 3504(h) of Public Law 96–511 The Special Filing Instructions for applies. The Office of Management and Budget ABC Class Members (Form M–426) are (OMB) has been sent the following Comments and/or suggestions regarding collection(s) of information proposals part of the Immigration and the item(s) contained in this notice, Naturalization Service’s continuing for review under the provisions of the especially regarding the estimated Paperwork Reduction Act (44 USC implementation of the Agreement. The public burden and associated response Special Filing Instructions clarify Chapter 35) and the Paperwork time, should be directed to the OMB Reduction Reauthorization Act since the procedures class members must follow reviewer, Mr. Jeff Hill on (202) 395– to pursue and retain benefits provided last list was published. Entries are 7340 and to the Department of Justices’s grouped into submission categories, by the Agreement. This explanatory Clearance Officer, Mr. Robert B. Briggs, document provides necessary with each entry containing the on (202) 514–4319. If you anticipate following information: information to class members in light of commenting on a form/collection, but the changes in regulations controlling (1) The title of the form/collection; find that time to prepare such comments (2) The agency form number, if any, applications for asylum (50 FR 55288, will prevent you from prompt and the applicable component of the November 4, 1994) and for work submission, you should notify the OMB Department sponsoring the collection; authorization (59 FR 62284, December reviewer and the Department of Justice (3) Who will be asked or required to 5, 1994 and 60 FR 21973, May 4, 1995) Clearance Officer of your intent as soon respond, as well as a brief abstract; which became effective after approval of as possible. Written comments regarding (4) An estimate of the total number of this Agreement. the burden estimate or any other aspect respondents and the amount of time The Special Filing Instructions of the collection may be submitted to estimated for an average respondent to includes an ‘‘ABC Change of Address Office of Information and Regulatory respond; Form’’ (Form I–855), which class Affairs, Office of Management and (5) An estimate of the total public members will use to inform the Budget, Washington, DC 20503, and to burden (in hours) associated with the Immigration and Naturalization Service Mr. Robert B. Briggs, Department of collection; and, of address changes. This form is Justice Clearance Officer, Systems (6) An indication as to whether mandated by the Agreement. Policy Staff/Information Resource Section 3504(h) of Public Law 96–511 (4) 250,000 annual respondents at 2.5 Management/Justice Management applies. hours per response. Division Suite 850, WCTR, Washington, Comments and/or suggestions regarding (5) 625,000 annual burden hours. DC 20530. the item(s) contained in this notice, (6) Not applicable under Section especially regarding the estimated Extension of a Currently Approved 3504(h) of Public Law 96–511. public burden and associated response Collection. Public comment on this item is time, should be directed to the OMB encouraged. (1) Aircraft/vessel Report. reviewer, Mr. Jeff Hill on (202) 395– Dated: July 10, 1995. (2) Form I–92. Immigration and 7340 and to the Department of Justice’s Robert B. Briggs, Naturalization Service, United States Clearance Officer, Mr. Robert B. Briggs, Department Clearance Officer, United States Department of Justice. on (202) 514–4319. If you anticipate Department of Justice. commenting on a form/collection, but (3) Primary: business or other for- find that time to prepare such comments [FR Doc. 95–17455 Filed 7–14–95; 8:45 am] profit. Others: Federal Government. The BILLING CODE 4410±10±M will prevent you from prompt completion of Immigration and submission, you should notify the OMB Naturalization Service Form I–92 reviewer and the Department of Justice Information Collections Under Review entitled Aircraft/Vessel Report is Clearance Officer of your intent as soon required by Sections 231 and 251 as possible. Written comments regarding The Office of Management and Budget (manifest requirements) of the the burden estimate or any other aspect (OMB) has been sent the following Immigration and Naturalization Act. of the collection may be submitted to collection(s) of information proposals The data collected on the Form I–92 is Office of Information and Regulatory for review under the provisions of the used by the Department of Justice Affairs, Office of Management and Paperwork Reduction Act (44 USC (Immigration Service), Department of Budget, Washington, DC 20503, and to Chapter 35) and the Paperwork Commerce, Department of Labor, etc., to Mr. Robert B. Briggs, Department of Reduction Reauthorization Act since the accurately collect arrival and departure Justice Clearance Officer, Systems last list was published. Entries are data on passengers, vessels,and aircraft. Policy Staff/Information Resources grouped into submission categories, The data will be used to support Management/Justice Management with each entry containing the mission requirements. Division, Suite 850, WCTR, Washington, following information: (4) 720,000 annual respondents at .18 DC 20530. (1) the title of the form/collection; (11 minutes) per hours per response. Revision of a Currently Approved (2) the agency form number, if any, (5) 129,600 annual burden hours. and the applicable component of the Collection. (6) Not applicable under Section Department sponsoring the collection; (1) Telephone Verification System 3504(h) of Public Law 96–511. (3) who will be asked or required to (TVS) Phase II Pilot Non-Citizen respond, as well as a brief abstract; Public comment on this item is Employees Employment Status Report. (4) an estimate of the total number of encouraged. (2) None. Immigration and respondents and the amount of time Dated: July 10, 1995. Naturalization Service, United States estimated for an average respondent to Robert B. Briggs, Department of Justice. respond: Department Clearance Officer, United States (3) Primary: Business or other for- (5) an estimate of the total public Department of Justice. profit. Others: None. Executive Order burden (in hours) associated with the [FR Doc. 95–17456 Filed 7–14–95; 8:45 am] 12781 of November 20, 1991, authorized collection; and, BILLING CODE 4410±10±M the Immigration and Naturalization 36436 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Service to develop a Telephone Clearance Officer, Mr. Robert B. Briggs, (2) The agency form number, if any, Verification System demonstration on (202) 514–4319. If you anticipate and the applicable component of the project of an employment verification commenting on a form/collection, but Department sponsoring the collection; system. The purpose of this find that time to prepare such comments (3) Who will be asked or required to demonstration project is to aid will prevent you from prompt respond, as well as a brief abstract; employers in complying with the submission, you should notify the OMB (4) An estimate of the total number of Immigration Reform and Control Act of reviewer and the Department of Justice respondents and the amount of time 1986, as it pertains to the employment Clearance Officer of your intent as soon estimated for an average respondent to of illegal aliens. Under current law as possible. Written comments regarding respond; employers are required to verify the burden estimate or any other aspect (5) An estimate of the total public employment eligibility of alien of the collection may be submitted to burden (in hours) associated with the employees prior to employment. This Office of Information and Regulatory collection; and, telephone system will improve the Affairs, Office of Management and (6) An indication as to whether employers capability of employee Budget, Washington, DC 20503, and to Section 3504(h) of Public Law 96–511 employment verification. Mr. Robert B. Briggs, Department of applies. (4) 1,000 annual respondents each Justice Clearance Officer, Systems Comments and/or suggestions regarding making 276 inquiries, for a total of Policy Staff/Information Resources the item(s) contained in this notice, 276,000 responses, and a total of 31.9 Management/Justice Management especially regarding the estimated hours per respondent per year. Division Suite 850, WCTR, Washington, public burden and associated response (5) 31,908 annual burden hours. DC 20530. time, should be directed to the OMB (6) Not applicable under Section reviewer, Mr. Jeff Hill on (202) 395– Extension of a Currently Approved 3504(h) of Public Law 96–511. 7340 and to the Department of Justice’s Collection Public comment on this item is Clearance Officer, Mr. Robert B. Briggs, encouraged. (1) Alien Change of Address Card. on (202) 514–4319. If you anticipate commenting on a form/collection, but Dated: July 10, 1995. (2) INS Form AR–11. Immigration and find that time to prepare such comments Robert B. Briggs, Naturalization Service, United States will prevent you from prompt Department Clearance Officer, United States Department of Justice. submission, you should notify the OMB Department of Justice. (3) Primary: Individuals or reviewer and the Department of Justice [FR Doc. 95–17457 Filed 7–14–95; 8:45 am] households. Others: None. Section 265 Clearance Officer of your intent as soon BILLING CODE 4410±10±M of the Immigration and Naturalization as possible. Written comments regarding Act (8 United States Code 1305) requires the burden estimate or any other aspect all alien within the United States to of the collection may be submitted to Information Collections Under Review notify the Immigration and Office of Information and Regulatory Naturalization Service in writing of each The Office of Management and Budget Affairs, Office of Management and change of address within ten days from Budget, Washington, DC 20503, and to (OMB) has been sent the following the date of such change and furnish collection(s) of information proposals Mr. Robert B. Briggs, Department of such additional information as may be Justice Clearance Officer, Systems for review under the provisions of the required by the Attorney General. Paperwork Reduction Act (44 USC Policy Staff/Information Resources (4) 250,000 annual respondents at Chapter 35) and the Paperwork Management/Justice Management .083 hours per response. Reduction Reauthorization Act since the Division, Suite 850, WCTR, Washington, last list was published. Entries are (5) 20,750 annual burden hours. DC 20530. grouped into submission categories, (6) Not applicable under Section Extension of a Currently Approved with each entry containing the 3504(h) of Public Law 96–511. Collection. Public comment on this item is following information: (1) Change of Address Card. (1) The title of the form/collection; encouraged. (2) INS Form I–697A. Immigration (2) The agency form number, if any, Dated: July 10, 1995. and Naturalization Service, United and the applicable component of the Robert B. Briggs, States Department of Justice. Department sponsoring the collection; Department Clearance Officer, United States (3) Primary: Individuals or (3) Who will be asked or required to Department of Justice. households. Others: None. In respond, as well as a brief abstract; [FR Doc. 95–17458 Filed 7–14–95; 8:45 am] compliance with the Immigration (4) An estimate of the total number of BILLING CODE 4410±10±M Reform and Control Act of 1986, Public respondents and the amount of time Law 99–603, the Immigration and estimated for an average respondent to Naturalization Service uses the respond; Information Collections Under Review information collected on the Form I– (5) An estimate of the total public 697A to keep current the addresses of burden (in hours) associated with the The Office of Management and Budget legalization applicants, special collection; and, (OMB) has been sent the following agricultural workers and Replenishment (6) An indication as to whether collection(s) of information proposals Agricultural Workers. The information Section 3504(h) of Public Law 96–511 for review under the provisions of the is used to update an applicant’s address applies. Paperwork Reduction Act (44 USC in the Legalization Automated Database. Comments and/or suggestions regarding Chapter 35) and the Paperwork The country, date of birth and the item(s) contained in this notice, Reduction Reauthorization Act since the registration number are elements especially regarding the estimated last list was published. Entries are needed to identify specific applicants public burden and associated response grouped into submission categories, who have similar names and/or don’t time, should be directed to the OMB with each entry containing the provide an A-File number, registration reviewer, Mr. Jeff Hill on (202) 395– following information: number or provide a wrong A-File 7340 and to the Department of Justice’s (1) The title of the form/collection; number. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36437 (4) 600,000 annual respondents at The terms of five members of the containing the final allocations for .083 hours per response. Council expire Tuesday, Nov. 14, 1995. Program Year 1995. (5) 49,800 annual burden hours. The groups or fields represented are as FOR FURTHER INFORMATION CONTACT: Mr. (6) Not applicable under Section follows: employee organizations Charles C. Kane, Chief, Division of 3504(h) of Public Law 96–511. (multiemployer plans), accounting, the Seasonal Farmworker Programs. Public comment on this item is insurance field, employers and the Telephone: (202) 219–5500 (this is not encouraged. general public (pensioners). a toll-free number). Dated: July 10, 1995. Accordingly, notice is hereby given SUPPLEMENTARY INFORMATION: The Robert B. Briggs, that any person or organization desiring Employment and Training Department Clearance Officer, United States to recommend one or more individuals Administration publishes the final Department of Justice. for appointment to the ERISA Advisory allocations for Program Year 1995 (July [FR Doc. 95–17459 Filed 7–14–95; 8:45 am] Council on Employee Welfare and 1, 1995–June 30, 1996). Pension Benefit Plans to represent any BILLING CODE 4410±10±M The allocations set forth in the of the groups or fields specified in the appendix to this notice were computed preceding paragraph, may submit according to the allocation formula recommendations to Linda Jackson, published at 59 FR 17577 (April 13, DEPARTMENT OF LABOR Acting Executive Secretary, ERISA 1994). For PY 1995, $85,710,000 were Advisory Council, Frances Perkins Office of the Secretary appropriated for migrant and seasonal Building, U.S. Department of Labor, 200 farmworker program. This amount is an Advisory Council on Employee Welfare Constitution Avenue, NW., Suite N– increase of $134,000 above the and Pension Benefit Plans; 5677, Washington, D.C. 20210. appropriation for PY 1994. This Announcement of Vacancies; Request Recommendations must be delivered or appropriation is subject to reduction for Nominations mailed on or before Oct. 1, 1995. depending upon possible rescissions for Recommendations may be in the form of FY 1995. Each year since 1987, Section 512 of the Employee a letter, resolution or petition, signed by additional funds have been included to Retirement Income Security Act of 1974 the person making the recommendation meet the demand for training and (ERISA), 88 Stat. 895, 29 U.S.C. 1142, or, in the case of a recommendation by employment services to Special provides for the establishment of an an organization, by an authorized Agricultural Workers (SAWs) who ‘‘Advisory Council on Employee representative of the organization. Each became eligible for the program as a Welfare and Pension Benefit Plans’’ (the recommendation should identify the result of the Immigration Reform and Council), which is to consist of 15 candidate by name, occupation or Control Act of 1986. In addition, the members to be appointed by the position, telephone number and reports of the House of Representatives Secretary of Labor (the Secretary) as address. It should also include a brief and the Senate Committees on follows: Three representatives of description of the candidate’s Appropriations on the Department of employee organizations (at least one of qualifications, the group or field which Labor’s 1995 appropriations state that whom shall be representative of an he or she would represent for the the committees expect the Department organization whose members are purposes of Section 512 of ERISA, the to continue the farmworker housing participants in a multiemployer plan); candidate’s political party affiliation, program. The Department concurs with three representatives of employers (at and whether the candidate is available this request. least one of whom shall be and would accept. The allocation formula is being representative of employers maintaining Signed at Washington, D.C. this 12th day applied to $81,832,000. The remaining or contributing to multiemployer plans); of July, 1995. $3,878,000 of the PY 1995 section 402 one representative each from the fields Olena Berg, appropriation is being held in the of insurance, corporate trust, actuarial Assistant Secretary of Labor, Pension and section 402 national account to fund the counseling, investment counseling, Welfare Benefits Administration. housing program ($3,000,000), the investment management and [FR Doc. 95–17483 Filed 7–14–95; 8:45 am] Hope, Arkansas, Migrant Rest Center accounting; and three representatives BILLING CODE 4510±29±M ($300,000), and other training and from the general public (one of whom technical assistance projects. shall be a person representing those Allocation Formula receiving benefits from a pension plan). Employment and Training Not more than eight members of the Administration As stated above, the $81,832,000 Council shall be members of the same formula total was allocated on a State- political party. Job Training Partnership Act; Migrant by-State basis using the same formula Members shall be persons qualified to and Seasonal Farmworker Programs; that was applied in PY 1994. This appraise the programs instituted under Final Allocations; Correction ensures programmatic stability. ERISA. Appointments are for terms of three years. AGENCY: Employment and Training Formula Allocations in Future Years The prescribed duties of the Council Administration, Labor. The Department intends to update the are to advise the Secretary with respect ACTION: Correction. allocation formula to incorporate more to the carrying out of his or her current data on the farmworker functions under ERISA, and to submit to SUMMARY: In notice document 95–15745 population. To this end, in April 1994, the Secretary, or his or her designee, on page 33237 in the issue of Tuesday, a special task force was convened to recommendations with respect thereto. June 27, 1995, an appendix containing explore options for revising the formula The Council will meet at least four the final allocations for Program Year and its bases. Findings from this task times each year, and recommendations 1995 should have been published. force will be reflected in a new of the Council to the Secretary will be Accordingly republished below is the proposed allocation formula which will included in the Secretary’s annual information found in notice document be published in the Federal Register for report to the Congress on ERISA. 95–15745, as well as the appendix comment. 36438 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Signed at Washington, DC, this 10th day of July 1995. Paul A. Mayrand, Director, Office of Special Targeted Programs. BILLING CODE 4510±30±M Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36439 [FR Doc. 95–17482 Filed 7–14–95; 8:45 am] BILLING CODE 4510±30±C 36440 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Reengineering of Permanent Labor SUPPLEMENTARY INFORMATION: immigrant aliens permanently in the United States. Such employers are Certification Program; Solicitation of Permanent Alien Employment Comments Certification Process required to demonstrate that they have attempted to recruit U.S. workers AGENCY: Employment and Training Before the Department of State (DOS) through advertising, through the Administration, Labor. and the Immigration and Naturalization Federal/State Employment Service Service (INS) may issue visas and admit ACTION: Notice; request for comments. System, and by other specified means. certain nonimmigrant aliens to work The purpose is to assure an adequate permanently in the United States, the SUMMARY: The Employment and test of the availability of qualified, Secretary of Labor must first certify to Training Administration (ETA) is in the willing, and able U.S. workers to the Secretary of State and to the process of reengineering the permanent perform the work, and to ensure that Attorney General that: alien labor certification process. ETA’s (a) There are not sufficient United aliens are not employed under goals are to make fundamental changes States workers, who are able, willing, conditions affecting the wages and and refinements that will: (1) streamline qualified, and available at the time of working conditions of similarly the process; (2) save resources; (3) the application for a visa and admission employed U.S. workers. improve effectiveness; and (4) better into the United States and at the place Why Reengineer? serve customers. The reengineering where the alien is to perform the work; effort is a collaborative effort of federal and The labor certification process and State staff who are involved in the (b) The employment of the alien will described above has been criticized as administration of alien certification not adversely affect the wages and being complicated and time consuming. programs. The reengineering effort also working conditions of similarly It can take up to 2 years or more to involves consultation throughout the employed United States workers. 8 complete the process; requires process with sponsors, stakeholders, U.S.C. 1182(a)(5)(a). substantial government resources to State partners, and outside interest If the Department of Labor (DOL) administer; and is reportedly costly and groups to solicit ideas and suggestions determines that there are no able, burdensome to employers. ETA, for change. willing, qualified, and available U.S. therefore, is reexamining the As part of the collaborative effort workers, and that the employment of the effectiveness of the various regulatory required for effective reengineering, alien will not adversely affect wages and requirements and the application ETA is publishing a questionnaire in the working conditions of similarly processing procedure, with a view to Federal Register to aid in the employed U.S. workers, DOL so certifies achieving considerable savings in solicitation of comments on important to the DOS and INS by issuing a resources both for the Government and permanent alien labor certification. issues that are fundamental to the employers, without diminishing reengineering process. In addition, ETA Department of Labor Regulations significant protections now afforded welcomes comments on any other The Department has promulgated U.S. workers by the current regulatory matter pertaining to the reengineering of and administrative requirements. the permanent alien certification regulations at 20 CFR part 656, program. Any interested party is invited governing the labor certification process The questionnaire published below and encouraged to participate in this described above for the permanent solicits comments on how best to collaborative process and provide input employment of certain immigrant aliens achieve the goals of the reengineering to the Department through written in the United States. Part 656 was process. comments. promulgated pursuant to section Interested parties are invited and 212(a)(5)(A) of the Immigration and encouraged to participate in this DATES: Responses to and comments on Nationality Act. 8 U.S.C. 1182(a)(5)(A). collaborative process and to provide the attached questionnaire should be The regulations at 20 CFR part 656 set submitted to ETA no later than August forth the factfinding process designed to input to the Department through 22, 1995. develop information sufficient to answers to the questionnaire, and/or support the granting or denial of a written comments on any issue they ADDRESSES: Submit comments to: Flora believe to be relevant to the T. Richardson, Chief, Division of permanent labor certification. They describe the potential of the nationwide reengineering process. Copies of the Foreign Labor Certifications, questionnaire also are being mailed to Employment and Training system of public employment service offices to assist employers in finding various employers, unions, associations, Administration, Department of Labor, and other interest groups. 200 Constitution Avenue., NW., Room available U.S. workers and how the N–4456. Washington, DC 20210. factfinding process is utilized by DOL as Signed at Washington, DC, this 12th day of the primary basis of developing July 1995. FOR FURTHER INFORMATION CONTACT: information for the certification John R. Beverly III, Denis M. Gruskin, Senior specialist determinations. Deputy Director, U.S. Employment Service. (202) 219–4369 (this is not a toll-free Part 656 sets forth the responsibility number). of employers who desire to employ BILLING CODE 4510±30±M Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36441 36442 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36443 36444 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices [FR Doc. 95–17481 Filed 7–14–95; 8:45 am] BILLING CODE 4510±30±C Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36445 NUCLEAR REGULATORY licensees, the decommissioning plan preparation for Commission COMMISSION would become part of the FSAR. Other briefing Part 50 documentation and/or reporting Thursday, July 27, a.m. (Severn Room, Documents Containing Reporting or requirements have been modified to Hyatt Regency Hotel, Bethesda) Recordkeeping Requirements: Office reflect the permanent shutdown status 8:00–10:15 Committee discussion in of Management and Budget Review of nuclear power reactors. These preparation for Commission modifications clarify licensing AGENCY: Nuclear Regulatory briefing (continued) conditions pertaining to permanently Commission. shutdown power reactors. 10:30–12:00 Status update on steam ACTION: Notice of the OMB review of Copies of the submittal may be generator tube integrity issues information collection. inspected or obtained for a fee from the Thursday, July 27, p.m. (Commission NRC Public Document Room, 2120 L Conference Room, OWFN, SUMMARY: The Nuclear Regulatory Street, NW (Lower Level), Washington, Rockville) Commission (NRC) has recently DC 20555. submitted to OMB for review the 2:00–3:30 Meeting with the Comments and questions can be following proposal for collection of Commission directed by mail to the OMB reviwer: information under the provision of the 3:30–4:00 Committee discussion: Troy Hillier, Office of Information and Paperwork Reduction Act (44 U.S.C. follow-up plans. Regulatory Affairs (3150–0011), NEOB– Chapter 45) 10202, Office of Management and Any inquiries regarding this notice or 1. Type of submission, new, revision, Budget, Washington, DC 20503. any subsequent changes in the status or extension: Revision. Comments can also be submitted by and schedule of the meeting may be 2. The title of the information telephone at (202) 395–3884. made to the Designated Federal Officer, collection: 10 CFR Part 50. The NRC Clearance Officer is Brenda Mr. George Sege (telephone: 301–415– Decommissioning of Nuclear Power J. Shelton, (301) 415–7230. 6593), between 8:15 am and 5:00 pm. Reactors. Dated at Rockville, Maryland, this 10th day Dated at Rockville, Maryland this 11th day 3. The form number if applicable: Not of July, 1995. applicable. of July 1995. 4. How often is the collection For the Nuclear Regulatory Commission. Andrew L. Bates, required: Periodically upon a licensee’s Gerald F. Cranford, Federal Advisory Committee Management decision to permanently cease Designated Senior Official for Information Officer. operations. Resources Management. [FR Doc. 95–17443 Filed 7–14–95; 8:45 am] 5. Who will be required or asked to [FR Doc. 95–17444 Filed 7–14–95; 8:45 am] BILLING CODE 7590±01±M report: Part 50 licensees that have BILLING CODE 7590±01±M decided to permanently cease operations. Availability of Draft Application Format 6. An estimate of the number of Nuclear Safety Research Review and Content Guidance and Review responses: 2 licenses per year are Committee Plan and Acceptance Criteria for Non- Power Reactors expected to decide to permanently cease AGENCY: Nuclear Regulatory operations. Commission. 7. An estimate of the reduction of the The U.S. Nuclear Regulatory ACTION: Notice of change of meeting number of hours needed annually to Commission (NRC) is in the process of schedule. complete the requirement or request: A developing for Non-Power Reactors (NPRs) a ‘‘Format and Content for reduction of 24,404 hours (12.202 per As announced on July 6, 1995 (60 FR licensee). Applications for the Licensing of Non- 35240), the Nuclear Safety Research Power Reactors’’ (F&C) and a ‘‘Standard 8. An indication of whether Section Review Committee (NSRRC) will hold 3504(h). Pub. L. 96–511 applies: Review Plan and Acceptance Criteria for its next meeting on July 26–27, 1995. Applications for the Licensing of Non- Applicable. The purpose of the present notice is to 9. Abstract: The proposed Power Reactors’’ (SRP). The NRC has provide a revised schedule, reflecting a made available a draft of Chapter 12, amendments would clarify ambiguities shift of the Committee’s July 27 meeting regarding decommissioning ‘‘Conduct of Operations,’’ of the F&C with the Commission from the morning and SRP documents for comment. Other requirements and codify practices that to the afternoon. The location of the have been used on a case-by-case basis. draft chapters will be made available for meeting on July 26 and the morning of comment as they are completed. Nuclear power plant licensees desiring July 27 will be the Severn Room at the to decommission would be required to Hyatt Regency Hotel. One Bethesda Copies of these chapters have been submit certifications of permanent Metro, Bethesda, MD. The location of placed in the NRC Public Document cessation of operation and permanent the July 27 afternoon portion of the Room, the Gelman Building, 2120 L fuel removal, submit a post shutdown meeting will be the Commission Street, NW, Washington, DC 20555. decommissioning activities report and a Conference Room in the One White Single copies of these documents may license termination plan. Major Flint North (OWFN) Building, 11555 be requested in writing from Alexander decommissioning activities would be Rockville Pike, Rockville, MD. Adams, Jr., Senior Project Manager, U.S. permitted by extending the 10 CFR The revised schedule is as follows: Nuclear Regulatory Commission, MS: 0– 11–B–20, Washington, DC 20555. 50.59 process to permanently shutdown Wednesday, July 26, a.m. (Severn Comments on this chapter should be reactors and include the recordkeeping Room, Hyatt Regency Hotel, sent by October 10, 1995, to the and reporting requirements contained Bethesda) therein. For power reactor licensees, the 8:00–8:20 Introductory remarks Director, Non-Power Reactors and license termination plan would be made 8:20–12:00 Overall research program Decommissioning Projects Directorate at part of the FSAR and would be subject plans and priorities the above address. to the FSAR updating documentation 1:15–445 Subcommittee reports Dated at Rockville, Maryland, this July 7, requirements. For non-power reactor 4:45–6:00 Committee discussion in 1995. 36446 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices For The Nuclear Regulatory Commission. to keep their badge with them when areas if the preauthorized criteria are Seymour H. Weiss, departing the site. met. Director Non-Power Reactors and An exemption from 10 CFR This present procedure is labor Decommissioning Project Directorate Division 73.55(d)(5) is required to allow intensive since security personnel are of Project Support Office of Nuclear Reactor contractors who have unescorted access required to verify badge issuance, Regulation. to take their badges offsite instead of ensure badge retrieval, and maintain the [FR Doc. 95–17447 Filed 7–14–95; 8:45 am] returning them when exiting the site. By badges in orderly storage until the next BILLING CODE 7590±01±M letter dated October 24, 1994, the entry into the protected area. The licensee requested an exemption from regulations permit employees to remove their badges from the site, but an [Docket No. 50±458] certain requirements of 10 CFR 73.55(d)(5) for this purpose. exemption from 10 CFR 73.55(d)(5) is Exemption required to permit contractors to take III their badges offsite instead of returning In the matter of Entergy Operations, Inc. Pursuant to 10 CFR 73.5, ‘‘Specific them when exiting the site. (River Bend Station, Unit 1). exemptions,’’ the Commission may, Under the proposed system, all individuals authorized to gain I upon application of any interested person or upon its own initiative, grant unescorted access will have the physical Entergy Operations, Inc., (the such exemptions from the requirements characteristics of their hand (hand licensee) is the holder of Facility of the regulations in this part as it geometry) recorded with their badge Operating License No. NPF–47, which determines are authorized by law and number. Since the hand geometry is authorizes operation of the River Bend will not endanger life or property or the unique to each individual and its Station, Unit 1. The operating license common defense and security, and are application in the entry screening provides, among other things, that the otherwise in the public interest. function would preclude unauthorized licensee is subject to all rules, use of a badge, the requested exemption Pursuant to 10 CFR 73.55, the regulations, and orders of the would allow employees and contractors Commission may authorize a licensee to Commission now and hereafter in effect. to keep their badges at the time of provide alternative measures for The facility consists of a boiling water exiting the protected area. The process protection against radiological sabotage reactor at the licensee’s site in West of verifying badge issuance, ensuring Feliciana Parish, Louisiana. provided the licensee demonstrates that badge retrieval, and maintaining badges the alternative measures have ‘‘the same II could be eliminated while the balance high assurance objective’’ and meet ‘‘the of the access procedure would remain Title 10 CFR 73.55, ‘‘Requirements for general performance requirements’’ of intact. Firearm, explosive and metal physical protection of licensed activities the regulation, and ‘‘the overall level of detection equipment and provisions for in nuclear power reactors against system performance provides protection conducting searches will remain as radiological sabotage,’’ paragraph (a), in against radiological sabotage well. The security officer responsible for part, states that ‘‘The licensee shall equivalent’’ to that which would be the last access control function establish and maintain an onsite provided by the regulation. (controlling admission to the protected physical protection system and security Currently, employee and contractor area) will also remain isolated within a organization which will have as its identification/access control cards are bullet-resistant structure in order to objective to provide high assurance that issued and retrieved on the occasion of assure his or her ability to respond or activities involving special nuclear each entry to and exit from the to summon assistance. material are not inimical to the common protected areas of the River Bend site. Use of a hand geometry biometrics defense and security and do not Station security personnel are required system exceeds the present verification constitute and unreasonable risk to the to maintain control of the badges while methodology’s capability to discern an public health and safety.’’ the individuals are offsite. This practice individual’s identity. Unlike the 10 CFR 73.55(d), ‘‘Access has been in effect at the River Bend photograph identification badge, hand Requirements,’’ paragraph (I), specifies Station, Unit 1 since the operating geometry is nontransferable. During the that ‘‘The licensee shall control all license was issued. Security personnel initial access authorization or points of personnel and vehicle access retain each identification access control registration process, hand into a protected area.’’ 10 CFR card, when not in use by the authorized measurements are recorded and the 73.55(d)(5) requires that ‘‘A numbered individual, within appropriately template is stored for subsequent use in picture badge identification system shall designed storage receptacles inside a the identity verification process be used for all individuals who are bullet-resistant enclosure. An individual required for entry into the protected authorized access to protected areas who meets the access authorization area. without escort.’’ 10 CFR 73.55(d)(5) also requirements is issued a picture Authorized individuals insert their states that an individual not employed identification card which also serves as access authorization card into the card by the licensee (i.e., contractors) may be an access control card. This card allows reader and the biometrics system authorized access to protected areas entry into preauthorized areas of the records an image of the hand geometry. without escort provided the individual station. While entering the plant in the The unique features of the newly ‘‘receives a picture badge upon entrance present configuration, an authorized recorded image are then compared to into the protected areas which must be individual is ‘‘screened’’ by the required the template previously stored in the returned upon exit from the protected detection equipment and by the issuing database. Access is ultimately granted area* * *’’ security officer. Having received the based on the degree to which the The licensee proposed to implement badge, the individual proceeds to the characteristics of the image match those an alternative unescorted access control access portal, inserts the access control of the ‘‘signature’’ template. system which would eliminate the need card into the card reader, and passes Since both the badge and hand to issue and retrieve badges at each through the turnstile which is unlocked geometry would be necessary for access entrance/exit location and would allow by the access card. Once inside the into the protected area, the proposed all individuals with unescorted access station, the access card allows entry into system would provide for a positive Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36447 verification process. Potential loss of a [Docket No. 50±278] subsequent service periods are not badge by an individual, as a result of changed. taking the badge offsite, would not Exemption; Notice The request for a one-time exemption enable an unauthorized entry into In the matter of PECO Energy Company, would allow an extension of the second protected areas. Public Service Electric and Gas Company, 10-year Type A test service period and would allow the performance of the The access process will continue to be Delmarva Power and Light Company, three Type A tests in the second 10-year under the observation of security Atlantic City Electric Company (Peach Bottom Atomic Power Station, Unit 3) service period at intervals that are not personnel. The system of identification approximately equal. It does not affect badges coupled with their associated I the third 10-year service period. access control cards will continue to be PECO Energy Company, et al. (PECo, In its submittal, the licensee provided used for all individuals who are the licensee), is the holder of Facility a table of historical leak test results for authorized access to protected areas Operating License No. DPR–56, which PBAPS Unit 3. Within the second 10- without escorts. Badges will continue to authorizes operation of the Peach year service period, satisfactory Type A be displayed by all individuals while Bottom Atomic Power Station (PBAPS), tests were performed in January 1986 inside the protected area. Addition of a Unit 3. The license provides, among and November 1989. In addition, an hand geometry biometrics system will other things, that the licensee is subject additional satisfactory Type A test was provide a significant contribution to to all rules, regulations, and orders of performed in December 1991 following effective implementation of the security the Nuclear Regulatory Commission (the certain plant modifications. plan at each site. Commission) now and hereafter in Current Technical Specifications (TS) effect. and 10 CFR Part 50, Appendix J, would IV require the licensee to perform a Type The PBAPS, Unit 3, facility consists of A test during Unit 3 refueling outage 10 For the foregoing reasons, pursuant to a boiling water reactor located in York 10 CFR 73.55, the NRC staff has (3R010) scheduled for September 1995 County, Pennsylvania. in order to comply with the determined that the proposed requirements to perform three Type A alternative measures for protection II tests within the current service period at against radiological sabotage meet ‘‘the Section 50.54(o) of 10 CFR Part 50 approximately equal intervals. same high assurance objective,’’ and requires that primary reactor Furthermore, 10 CFR Part 50, ‘‘the general performance requirements’’ containments for water cooled power Appendix J, also requires the licensee to of the regulation and that ‘‘the overall reactors by subject to the requirements perform a type A test during the next level of system performance provides of Appendix J to 10 CFR Part 50. refueling outage (Unit 3 refueling outage protection against radiological sabotage Appendix J contains the leakage test 11 (3R011) scheduled for September equivalent’’ to that which would be requirements, schedules, and 1997) in order to comply with the provided by the regulation. acceptance criteria for tests of the leak requirement of 10 CFR Part 50, Accordingly, the Commission has tight integrity of the primary reactor Appendix J, Section III.D.1, that the determined that, pursuant to 10 CFR containment and systems and third test be performed when the plant 73.5, an exemption is authorized by law, components which penetrate the is shut down for the 10-year inservice will not endanger life or property or containment. Section III.D.1 of inspections. The current 10-year ISI common defense and security, and is Appendix J to 10 CFR Part 50 requires period ends in November 1997 and ISI otherwise in the public interest. that a set of three Type A tests shall be inspections are scheduled for September performed, at approximately equal Therefore, as long as the licensee uses 1997. Therefore, to fully comply with intervals during each 10-year service the hand geometry access control Appendix J, the licensee would have to period. The third test of each set shall system, the Commission hereby grants perform CILRTs during the tenth and be conducted when the plant is shut Entergy Operations, Inc. an exemption eleventh refueling outages for Unit 3. down for the 10-year plant inservice from those requirements of 10 CFR The licensee proposed to perform the inspections (ISI). The Type A test is 73.55(d)(5) relating to the returning of next Unit 3 Type A test during Unit 3 defined in 10 CFR Part 50, Appendix J, picture badges upon exit from the refueling outage 11 scheduled to start in Section II.F, as ‘‘tests intended to protected area such that individuals not September 1997. The effect of this measure the primary reactor employed by the licensee, i.e., proposal would be to extend the current containment overall integrated leakage Appendix J 10-year service period that contractors, who are authorized rate (1) after the containment has been unescorted access into the protected would result in the interval between completed and is ready for operation, successive Type A tests being extended area, can take their badges offsite. and (2) at periodic intervals thereafter.’’ to approximately 70 months. Strict Pursuant to 10 CFR 51.32, the The 10-year service period begins with compliance with Section III.D.1 would Commission has determined that the the inservice date. require the interval between successive granting of this exemption will have no III Type A tests to be approximately 40 significant impact on the quality of the months. human environment (60 FR 30116). This In its letter dated November 21, 1994, The licensee performed a review of exemption is effective upon issuance. the licensee requested an exemption the history of the PBAPS Unit 3 Type Dated at Rockville, Maryland, this 7th day from the Commission’s regulations. The A test results to evaluate the risk of of July 1995. subject exemption is from a requirement activity-based and time-based in Appendix J to 10 CFR Part 50 that a degradation. This review identified For the Nuclear Regulatory Commission. set of three Type A tests (Containment three activity-based component failures Jack W. Roe, Integrated Leak Rate Tests (CILRTs)) be detected during past Type A tests. The Director, Division of Reactor Projects III/IV, performed, at approximately equal measured mass point and total time Office of Nuclear Reactor Regulation. intervals, during each 10-year service leakage rates measured for the April [FR Doc. 95–17448 Filed 7–14–95; 8:45 am] period. The exemption applies to the 1977 CILRT stabilized at approximately BILLING CODE 7590±01±M second 10-year service period; 1.1% wt/day, which failed to meet the 36448 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices TS and 10 CFR Part 50, Appendix J Section V.A of 10 CFR Part 50, including Type A test history, and criterion of less than 0.375% wt/day Appendix J. The licensee is required to concluded that the impact on safety of (0.75 La). Following the completion of perform these TS surveillances in the this deviation from the scheduler repairs of a leaking torus water level upcoming refueling outage 3R010. requirements of Appendix J is not instrument, the CILRT was repeated The licensee further notes that the significant. Accordingly, the staff finds with an as-left leakage of 0.322% wt/ performance of consecutive Type A tests that an additional test (during the day. After this failure, the licensee in refueling outages 3R010 and 3R011, scheduled 1995 refueling outage) would modified the plant procedures so that a to meet the requirements of the TS and not provide substantially different similar failure, in the future, would be Appendix J, would result in additional information and that the intent of detected by a local leak rate test (LLRT). radiation exposure to personnel. Appendix J would be met. Therefore, The measured mass point and total time Performing the Type A test during two the subject exemption request meets the leakage rates measured for the consecutive refueling outages in order to special circumstances of 10 CFR September 1981 CILRT stabilized at comply with the TS and 10 CFR Part 50, 50.12(a)(2)(ii), in that the additional Appendix J, would result in an approximately .389% wt/day, which Type A test is not necessary to achieve unnecessary increase in personnel failed to meet the TS and 10 CFR Part the underlying purpose of the rule. 50, Appendix J criterion of less than radiation exposure and an increase in 0.375% wt/day (0.75 La). Following the cost by extending the length of one of The staff also finds, for the technical completion of repairs to a missing the affected refueling outages. Omitting reasons discussed above, that extending instrument O-ring, the CILRT was the test will result in additional dose the service period and extending the repeated with an as-left leakage of savings by eliminating contamination interval between Type A tests are 0.185% wt/day. After this failure, the and by reducing exposure from venting acceptable. licensee modified the plant procedures and draining and from setups and V so that a similar failure, in the future, restorations of instrumentation required would be detected by a leak rate test to perform the test. These factors and Accordingly, the Commission has following relevant instrument the costs associated with an additional determined that, pursuant to 10 CFR maintenance. The measured mass point test for a 24-month difference in interval 50.12(a)(1), this exemption is authorized and total time leakage rates measured are not offset by the benefits of the by law, will not present an undue risk for the August 1983 CILRT stabilized at additional test. to the public health and safety, and is approximately .784% wt/day, which IV consistent with the common defense failed to meet the TS and 10 CFR Part and security. The Commission further 50, Appendix J criterion of less than Pursuant to 10 CFR 50.12, the Commission may, upon application by determined, as discussed above, that 0.375% wt/day (0.75 La). Following the there are special circumstances present, completion of repairs to a valve packing any interested person or upon its own as specified in 10 CFR 50.12(a)(2)(ii), leak, the CILRT was repealed with an initiative, grant exemptions from the such that application of 10 CFR Part 50, as-left leakage of 0.058% wt/day. After requirements of 10 CFR Part 50 when (1) Appendix J, Section III.D.1(a) is not this failure, the licensee modified the the exemptions are authorized by law, plant procedures so that similar valve will not present an undue risk to public necessary in order to achieve the packing is local leak rate tested and health and safety, and are consistent underlying purpose of this regulation. measured. with the common defense and security; Therefore, the Commission hereby These failures were identified as and (2) when special circumstances are grants a one-time scheduler exemption activity based failures for which the present. Special circumstances are from the requirements of 10 CFR Part licensee implemented corrective action. present whenever, according to 10 CFR 50, Appendix J, Section III.D.1.(a), to The licensee did not identify any time 50.12(a)(2)(ii), ‘‘Application of the extend the second 10-year Type A test based failures. regulation in the particular service period for Peach Bottom Atomic The type B and C test (i.e., LLRT) circumstances would not serve the Power Station, Unit 3, such that the program provides assurance that underlying purpose of the rule or is not third periodic Type A test may be containment integrity has been necessary to achieve the underlying performed during Unit 3 refueling maintained. LLRTs demonstrate purpose of the rule * * *.’’ outage 11, currently scheduled for operability of components and The licensee provided information September 1997, and such that the three penetrations by measuring penetration regarding the requirements of 10 CFR Type A tests in the second 10-year and valve leakage. Additionally, there 50.12(a)(2)(ii). The licensee stated that service period are performed at intervals have been no modifications made to the the underlying purpose of 10 CFR Part that are not approximately equal. 50, Appendix J, Section III.D.1(a), is to plant, since the last Type A test, that Pursuant to 10 CFR 51.32, the establish and maintain a level of could adversely affect the test results. Commission has determined that the Current TS 4.7.A.2.h requires that the confidence that any primary granting of this exemption will have no interior surfaces of the drywell and containment leakage, during a significant effect on the quality of the torus shall be visually inspected each hypothetical design basis accident, will human environment (60 FR 35239). operating cycle for evidence of remain less than or equal to the deterioration. In addition, TS 4.7.A.2.h maximum allowable value, La, This exemption is effective upon requires that the external surfaces of the established by Appendix J through the issuance. torus below the water level be inspected performance of periodic Type A testing. Dated at Rockville, Maryland, this 10th day on a routine basis for evidence of torus The licensee stated that, for the of July 1995. corrosion or leakage. TS 4.7.4 requires technical justification discussed above, For the Nuclear Regulatory Commission. that a visual inspection of the performance of Type A tests during the suppression chamber interior be next two Unit 3 refueling outages was Steven A. Varga, conducted at each major refueling not necessary to meet the underlying Director, Division of Reactor Projects–I/II, outage. These inspections provide purpose of the rule. Office of Nuclear Reactor Regulation. similar information as would be The NRC staff has reviewed the [FR Doc. 95–17446 Filed 7–14–95; 8:45 am] obtained to meet the requirement of licensee’s proposed exemption, BILLING CODE 7590±01±M Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36449 Pennsylvania Power & Light Company; the President may proclaim certain APPLICANTS: The Equitable Life Correction modifications to the HTS. Section 1205 Assurance Society of the United States directs the U.S. International Trade (‘‘Equitable’’), Separate Account A of [Docket Nos. 50±387 and 50±388] Commission (ITC) to keep the HTS The Equitable Life Assurance Society of The July 5, 1995, Federal Register under continuous review and to the United States (the ‘‘Separate contained a ‘‘Notice of Consideration of recommend such modifications to the Account’’), and Equico Securities, Inc. Issuance of Amendment to Facility President when amendments to the (‘‘Equico’’).1 Operating License, Proposed No Harmonized System (HS) nomenclature RELEVANT 1940 ACT SECTIONS: Order Significant Hazards Consideration are adopted by the World Customs requested under Section 6(c) of the 1940 Determination, and Opportunity for a Organization (formerly known as the Act for exemptions from Sections Hearing’’ for the Susquehanna Steam Customs Cooperation Council) and as 26(a)(2)(C) and 27(c)(2) thereof. Electric Station. This notice corrects the other circumstances warrant. SUMMARY OF APPLICATION: Applicants notice published in the Federal Register Under section 1206, the President seek an order permitting the deduction on July 5, 1995, (60 FR 35083). The may proclaim modifications to the HTS, of a mortality and expense risk charge: notice in for Susquehanna Steam on the basis of recommendations by the (1) From the assets of the Separate Electric Station, Unit 2, rather than Unit ITC under section 1205, if he Account in connection with the offering 1. determines that the modifications are in of certain new series of group deferred Dated at Rockville, Maryland this 10th day conformity with U.S. obligations under variable annuity contracts and of July 1995. the HS Convention and do not run certificates, including certificate For the Nuclear Regulatory Commission. counter to the national economic endorsements, issued by Equitable John Stolz, interest of the United States. The through the Separate Account (the Director, Project Directorate I–2, Division of President may proclaim such contracts and certificates being referred Reactor Projects—I/II, Office of Nuclear modifications only after the expiration to herein as the ‘‘1995 Series Contracts’’ Reactor Regulation. of a 60-legislative-day period beginning and the ‘‘New Series Contracts,’’ [FR Doc. 95–17445 Filed 7–14–95; 8:45 am] on the date the President submits a respectively, and collectively as the BILLING CODE 7590±01±M report to the Committee on Ways and ‘‘Contracts’’); and Means of the House of Representatives (2) in connection with the offering in and the Committee on Finance of the the future of deferred variable annuity OFFICE OF THE UNITED STATES Senate that sets forth the proposed contracts issued by Equitable through TRADE REPRESENTATIVE modifications and the reasons therefor. the Separate Account or any other Modifications proclaimed by the separate account established by Report on Proposed Changes to U.S. President may not become effective Equitable in the future to support Harmonized Tariff Schedule before the 15th day after the text of the certain deferred variable annuity proclamation is published in the contracts and certificates issued by AGENCY: Office of the United States Federal Register. Equitable (‘‘Other Account’’), which Trade Representative. A copy of the report is available for contracts shall be substantially similar ACTION: Report on proposed changes to public inspection in the USTR Reading in all material respects to the 1995 U.S. Harmonized Tariff Schedule (HTS) Room. An appointment to review the Series or New Series Contracts (the made available for review by the public. report may be made by contacting ‘‘Other Contracts’’). Brenda Webb at (202) 395–6186. The SUMMARY: Notice is hereby given that FILING DATE: The application was filed USTR Reading Room is open to the on February 3, 1995, and amended and the report submitted by the President public from 10 a.m. to 12 noon and 1 under section 1206 of the Omnibus restated on May 26, 1995, and June 16, p.m. and 4 p.m., Monday through 1995. Trade and Tariff Act of 1988 (1988 Act) Friday, and is located in Room 101, HEARING OR NOTIFICATION OF HEARING: An to Committee on Ways and Means of the Office of the United States Trade order granting the application will be House of Representatives and the Representative, 600 17th Street, NW., issued unless the Commission orders a Committee on Finance of the Senate for Washington, DC 20508. the implementation of HTS changes is hearing. Interested persons may request Frederick L. Montgomery, available for review in the public a hearing by writing to the Secretary of reading room at the Office of the United Chairman, Trade Policy Staff Committee. the Commission and serving Applicants States Trade Representative. [FR Doc. 95–17439 Filed 7–14–95; 8:45 am] with a copy of the request, personally or DATES: The report was submitted to the BILLING CODE 3190±01±M by mail. Hearing requests must be Committee on Ways and Means of the received by the Commission by 5:30 House of Representatives and the p.m. on August 4, 1995, and should be Committee on Finance of the Senate on SECURITIES AND EXCHANGE accompanied by proof of service on May 16, 1995, and the President will COMMISSION Applicants in the form of an affidavit or, for lawyers, a certificate of service. proclaim the modifications outlined in [Rel. No. IC±21196; File No. 812±9466] the report after the required 60- Hearing requests should state the nature legislative-day layover period. The Equitable Life Assurance Society of the writer’s interest, the reason for the request, and the issues contested. ADDRESSES: Office of the United States of the United States, et al. Persons may request notification of a Trade Representative, 600 17th Street, July 10, 1995. hearing by writing to the Secretary of NW., Washington, DC 20508. AGENCY: Securities and Exchange the Commission. FOR FURTHER INFORMATION CONTACT: Commission (the ‘‘SEC’’ or the ADDRESSES: Secretary, SEC, 450 Fifth Barbara Chattin, Director, Tariff Affairs, ‘‘Commission’’). or Denby Misurelli at (202) 395–5097. Street, N.W., Washington, D.C., 20549. ACTION: Notice of application for an SUPPLEMENTARY INFORMATION: Sections order under the Investment Company 1 Applicants represent that, during the notice 1205 and 1206 of the 1988 Act establish Act of 1940 (the ‘‘1940 Act’’). period, the application will be amended regarding an administrative mechanism by which the identity of the Applicants. 36450 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Equitable and its separate account(s), Guaranteed Interest Account, which is amount, and a maximum loan 787 Seventh Avenue, Area 36–K, New part of Equitable’s General Account recordkeeping charge of $65 per year. York, New York 10019. Equico, 1755 (together with the Investment Funds, 11. Equitable may impose a charge for Broadway, New York, New York 10019. the ‘‘Investment Options’’). The any transfer among Investment Options FOR FURTHER INFORMATION CONTACT: Contracts consist of a basic form of up to $65 per transfer under the New Joseph G. Mari, Senior Special Counsel, group annuity contract (the ‘‘Group Series Contracts. Equitable currently or Patricia M. Pitts, Special Counsel, Contract’’), a basic form of certificate makes no charge for transfers. Under the Office of Insurance Products, Division of (‘‘Certificate’’) issued under the Group New Series Contracts, Equitable also Investment Management, at (202) 942– Contract, and in the case of the New may charge up to $65 for a direct 0670. Series Contracts, forms of Certificate transfer to a third party of amounts endorsements (‘‘Endorsements’’) to be under a Certificate or an exchange for SUPPLEMENTARY INFORMATION: Following used for specific forms of benefits under another contract of another insurance is a summary of the application. The the Certificates. Certificates may be carrier. Equitable currently intends to complete application is available for a issued as individual contracts in certain charge $25 for such transfers or fee from the Public Reference Branch of states. The Contracts will be offered in exchanges. the Commission. the tax-qualified retirement plan 12. Although Equitable’s current Applicants’ Representations markets and in non-qualified markets. practice is to deduct a charge for 6. Equico, a wholly-owned subsidiary premium taxes from the amount applied 1. Equitable, a stock life insurance of Equitable, is the principal to provide an annuity benefit, it has company organized under the laws of underwriter of the Separate Account reserved the right to deduct any such the State of New York, serves as and distributor of the Contracts. In the charge from contributions or from depositor of the Separate Account. future, Equitable may organize other amounts withdrawn or surrendered. Equitable may establish one or more wholly-owned subsidiaries which are Equitable does not expect to profit from Other Accounts in the future, for which members of the National Association of this charge. it will serve as depositor. Securities Dealers, Inc., and may act as 13. Equitable also may assess a daily 2. The Separate Account, established principal underwriters for the Separate asset-based administrative charge on August 1, 1968, is registered with the Account or Other Accounts (each, a against the Separate Account at an Commission under the 1940 Act as a ‘‘Future Underwriter’’). Equico is, and effective annual rate not to exceed .30% unit investment trust. It is used to fund any Future Underwriter will be, for administrative expenses associated benefits under group variable annuity registered as a broker-dealer under the with the New Series Contracts and .25% contracts and certificates, as well as Securities Exchange Act of 1934. for administrative expenses associated individual variable annuity contracts, 7. Equitable will deduct various fees with the 1995 Series Contracts. issued by Equitable. The Separate and expenses under the Contracts. 14. Applicants do not expect that, Account will be used to fund the Except as otherwise noted, the charges over the period that the Contracts are in variable benefits available under the and fees described below are the force, the total revenues from the 1995 Series Contracts and the New maximums that may be imposed under administrative charges, including the Series Contracts. Units of interest in the the Contracts. Different charge annual contract fee, the daily asset- Separate Account under the Contracts structures may apply to different based administrative charge and, for the will be registered under the Securities markets, and some charges that apply to New Series Contracts, the loan Act of 1933. the New Series Contracts do not apply processing charge and the transfer 3. The portion of the assets of the to the 1995 Series Contracts. charges, will exceed the expected costs Separate Account equal to the reserves 8. Deductions from account value of the administrative services rendered and other liabilities relating to the include charges for (i) administration of under the 1995 Series or New Series contracts funded by the Separate the Contracts, (ii) loan processing, (iii) Contracts, on average, excluding costs Account, including the Contracts, is not transfers among Investment Options and which are properly categorized as chargeable with liabilities arising out of third party transfers and exchanges, (iv) distribution expenses. any other business Equitable conducts. premium taxes, and (v) distribution 15. Equitable may assess each Any income, gains or losses, realized or expenses through a contingent deferred Investment Fund of the Separate unrealized, from assets allocated to the sales charge (‘‘withdrawal charge’’). Account a daily asset-based charge for Separate Account are, in accordance 9. Equitable may deduct an annual mortality and expense risks not to with the applicable contracts, credited contract fee up to a maximum of $65 per exceed an effective annual rate of 1.25% to or charged against the Separate contract year for administration of the (.65% for mortality risks and .60% for Account without regard to other New Series Contracts. Equitable expense risks) under the New Series income, gains or losses of Equitable. currently intends to charge the lesser of Contracts, and 1.15% (.60% for 4. The Separate Account currently is $30 per contract year or 2% of account mortality risks and .55% for expense subdivided into thirteen subaccounts value for the first two contract years, risks) under the 1995 Series Contracts. (‘‘Investment Funds’’), each of which and $30 per contract year thereafter 16. Equitable assumes a mortality risk will be available under the Contracts. under the New Series Contracts, and the by its contractual obligation to pay a Each Investment Fund invests solely in lesser of $30 or 2% of account value in death benefit equal to the greater of (i) the shares of a corresponding portfolio each contract year under the 1995 Series the account value as of the date of The Hudson River Trust (the Contracts. Equitable has reserved the Equitable receives due proof of death or ‘‘Trust’’). The Trust, an open-end right to eliminate this charge for (ii) the total value of all contributions management investment company Certificates that have a specified made, less any applicable taxes, registered under the 1940 Act, currently minimum account value. adjusted for withdrawals. Equitable is divided into thirteen separate 10. In markets that permit loans, assumes an additional mortality risk by portfolios. Equitable has reserved the right, under its contractual obligation to make 5. Contributions under the Contracts the New Series Contracts, to assess a annuity payments for the entire life of may be allocated to any one or more of maximum loan set-up charge equal to the annuitant under guaranteed fixed the Investment Funds and the the lesser of $150 or 1% of the loan annuity options involving life Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36451 contingencies, and by its contractual Applciants’ Legal Analysis Equitable’s increased overhead guarantees related to annuity purchase expenses. 1. Applciants request that the rates. Equitable also assumes a mortality 6. Sections 26(a)(2)(C) and 27(c)(2) of Commission, pursuant to Section 6(c) of risk by its contractual obligation to the 1940 Act prohibit a registered unit the 1940 Act, grant exemptions from waive the withdrawal charge upon investment trust, and any depositor Section 26(a)(2)(C) and 27(c)(2) thereof payment of the death benefit. thereof or principal underwriter to the extent necessry to permit the therefor, from selling periodic payment 17. Equitable assumes the expense assessment of a mortality and expense plan certificates unless the proceeds of risk that the administrative charges risk charge under the Contracts and all payments (other than sales load) are deducted under the Contracts may be Other Contracts. deposited with a qualified trustee or insufficient to cover actual 2. Section 6(c) of the 1940 Act, in custodian and held under an agreement administrative expenses. relevant part, provides that the that provides that no payment to the 18. Equitable expects a profit from the Commission may issue an order depositor or principal underwriter shall mortality and expense risk charge, and exempting any person, security or be allowed except as a fee, not if the amount deducted proves more transaction, or any class or classes of exceeding such reasonable amount as than sufficient, the excess will be profit persons, securities or transactions, from the Commission may prescribe, for to Equitable. If the administrative any provision or provisions of the 1940 bookkeeping and other administrative charges and the mortality and expense Act as may be necessary or appropriate services. risk charge are insufficient to cover the in the public interest and consistent 7. Applicants represent that the level expenses and costs assumed, the loss with the protection of investors and the of the mortality and expense risk charge will be borne by Equitable. purposes fairly intended by the policy is within the range of industry practice and provisions of the 1940 Act. for comparable annuity contracts. This 19. No front-end sales charge will be representation is based on Applicants’ imposed when contributions are made. 3. Applicants believe that the requested exemptions meet the review of publicly available information A withdrawal charge will be assessed standards of Section 6(c) of the 1940 regarding products of other companies, against certain full or partial Act, and that the terms of the relief taking into consideration such factors withdrawals. Different withdrawal requested with respect to any Other as: Guaranteed minimum death benefits; charges will apply to different markets. Contracts funded by the Separate the existence of guaranteed annuity Under the New Series Contracts, the Account or any Other Account and purchase rates; market sector; current withdrawal charge will be no greater distributed by Equico or any Future charge levels; the existence of charge than either: (i) 7% of the amount Underwriter are consistent with the level guarantees; and the manner in withdrawn, declining to 0% at the end standards set forth in Section 6(c) of the which charges are imposed. Equitable of the fifteenth contract year (subject to 1940 Act. represents that it will maintain at its a maximum of 8% of all contributions principal office, and make available on 4. Applicants undertake that the made during the current and nine prior request to the Commission or its staff, a Other Contracts funded by the Separate contract years); or (ii) 8% of memorandum setting forth in detail the Account or any Other Account will be contributions received in the current variable annuity products analyzed and substantially similar in all material and eleven prior contract years. Under the methodology and results of respects to the Contracts. Applicants Equitable’s comparative review. the 1995 Series Contracts, the state that, without the requested relief, withdrawal charge will be no greater 8. Applicants acknowledge that the Applicants may have to request and withdrawal charge may be insufficient than either: (i) 6% of the amount obtain exemptive relief in connection withdrawn, declining to 0% at the end to cover all distribution costs relating to with Other Contracts and/or Other either the 1995 Series or the New Series of the twelfth contract year; or (ii) 6% Accounts to the extent required. Any of contributions received in the current Contracts, and that if a profit is realized such additional requests for exemptive over time from the mortality and and five prior contract years. Equitable relief would present no issues under the has reserved the right to waive the expense risk charge, all or a portion of 1940 Act that have not been addressed the mortality and expense risk charge withdrawal charge with respect to already in this Application. amounts withdrawn up to 30% of the might be viewed as providing for a 5. Applicants submit that the account value at the time of the portion of these distribution costs. requested relief is appropriate in the withdrawal (less any amounts Notwithstanding the foregoing, public interest, because it would previously withdrawn in that contract Equitable has concluded that there is a promote competitiveness in the variable reasonable likelihood that the proposed year) under the New Series Contracts, annuity contract market by eliminating distribution financing arrangements will and up to 10% of the account value the need for Equitable to file redundant benefit the Separate Account and under the 1995 Series Contracts. exemptive applications, thereby Contract owners. Equitable represents 20. The amounts obtained from the reducing its administrative expenses that it will maintain at its principal withdrawal charge will be used to and maximizing the efficient use of its office and make available on request to reimburse Equitable for sales expenses resources. The delay and expense the Commission or its staff, a including commissions and other involved in having to seek exemptive memorandum setting forth the basis for promotional or distribution expenses relief repeatedly would impair that conclusion. associated with printing and Equitable’s ability effectively to take 9. Similarly, Applicants represent, distributing prospectuses and sales advantage of business opportunities as with respect to any Other Contracts, that literature. To the extent the withdrawal they arise. If Equitable were required the mortality and expense risk charges charge is insufficient to cover the actual repeatedly to seek exemptive relief with under any Other Contracts will be costs of distribution, the expenses will respect to the same issues addressed in within the range of industry practice for be paid from Equitable’s general assets, this Application, investors would not comparable products and that, with which will include profit, if any, receive any benefit or additional regard to such Other Contracts, there derived from the mortality and expense protection thereby. Indeed, they might will be a reasonable likelihood that the risk charge. be disadvantaged as a result of proposed distribution financing 36452 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices arrangements will benefit the Separate Knott, Knox, Lawrence, Letcher, Percent Account (or Other Account) and owners Magoffin, Martin, McCreary, of the Other Contracts. Equitable will Muhlenberg, Pulaski, Rock Castle, Todd, Others (including non-profit orga- maintain and make available on request Trigg, and Whittley Counties in nizations) with credit available to the Commission or its staff a Kentucky; Mingo County in West elsewhere ...... 7.125 memorandum setting forth in detail the Virginia; Buchanan, Dickenson, and For economic injury: Businesses and small agricultural products analyzed, and the Wise Counties in Virginia; and Steward cooperatives without credit avail- methodology and results of, the and Montgomery Counties in able elsewhere ...... 4.000 comparative review. Tennessee. 10. Equitable also represents that the Any counties contiguous to the above- The numbers assigned to this disaster Separate Account will invest only in an named primary counties and not listed for physical damage are 279406 for underlying mutual fund which would herein have been previously declared. Maryland; 279506 for Pennsylvania; and undertake, in the event it should adopt All other information remains the 279606 for West Virginia. For economic any plan under Rule 12b–1 to finance same, i.e., the termination date for filing injury the numbers are 856200 for distribution expenses, to have such plan applications for physical damage is Maryland; 856300 for Pennsylvania; and formulated and approved by a board of August 12, 1995, and for loans for 856400 for West Virginia. Catalog of directors, a majority of the members of economic injury the deadline is March Federal Domestic Assistance Program which are not ‘‘interested persons’’ of 13, 1996. Nos. 59002 and 59008). The economic injury numbers are such fund within the meaning of Dated: July 11, 1995. Section 2(a)(19) of the 1940 Act. 854200 for Kentucky, 856500 for West Virginia, 856600 for Virginia, and Cassandra M. Pulley, Conclusion 856700 for Tennessee. Acting Administrator. Applciants submit, for the reasons (Catalog of Federal Domestic Assistance [FR Doc. 95–17429 Filed 7–14–95; 8:45 am] stated herein, that the requested Program Nos. 59002 and 59008) BILLING CODE 8025±01±M exemptions from Sections 26(a)(2)(C) Dated: July 6, 1995. and 27(c)(2) of the 1940 Act to permit James W. Hammersley, [Declaration of Disaster Loan Area #2793] the assessment of the mortality and Acting Associate Administrator for Disaster expense risk charge under the Contracts Assistance. Virginia; Declaration of Disaster Loan and Other Contracts meet the standards [FR Doc. 95–17375 Filed 7–14–95; 8:45 am] Area set out in Section 6(c) of the 1940 Act. BILLING CODE 8025±01±M Accordingly, Applicants assert that the As a result of the President’s major requested exemptions are necessary or declaration on July 1, 1995, and # appropriate in the public interest and [Declaration of Disaster Loan Area 2794 amendments thereto on July 3 and July 6, I find that the following counties and consistent with the protection of Maryland, and Contiguous Counties in investors and the purposes fairly independent cities in the Pennsylvania and West Virginia; Commonwealth of Virginia constitute a intended by the policy and provisions of Declaration of Disaster Loan Area the 1940 Act. disaster area due to damages caused by severe storms and flooding beginning on For the Commission, by the Division of Allegany County and the contiguous counties of Garrett and Washington in June 22, 1995 and continuing: Investment Management, pursuant to Albermarle, Augusta, Campbell, delegated authority. the State of Maryland; Bedford, Fulton, and Somerset Counties in Pennsylvania; Culpepper, Giles, Green, Halifax, Margaret H. McFarland, Madison, Orange, Pittsylvania, Deputy Secretary. and Hampshire, Mineral, and Morgan Counties in West Virginia constitute a Rappahannock, Rockbridge, and Warren [FR Doc. 95–17451 Filed 7–14–95; 8:45 am] disaster area as a result of damages Counties, and the Independent Cities of BILLING CODE 8010±01±M caused by heavy rains and flooding Buena Vista, Lexington, Lynchburg, which occurred on June 27 and June 30, Roanoke, and Staunton. Applications 1995. Applications for loans for for loans for physical damages may be SMALL BUSINESS ADMINISTRATION physical damage may be filed until the filed until the close of business on August 29, 1995, and for loans for [Declaration of Disaster Loan Area #2785] close of business on September 11, 1995, and for economic injury until the economic injury until the close of Kentucky, Declaration of Disaster Loan close of business on April 11, 1996, at business on April 3, 1996, at the address Area; (Amendment #1) the address listed below: U.S. Small listed below: U.S. Small Business Business Administration, Disaster Area Administration, Disaster Area 1 Office, The above-numbered Declaration is 1 Office, 360 Rainbow Blvd. South, 3rd 360 Rainbow Blvd. South, 3rd Floor, hereby amended, effective June 23, to Floor, Niagara Falls, NY 14303, or other Niagara Falls, NY 14303 or other locally include the following counties in the locally announced locations. announced locations. In addition, State of Kentucky as a disaster area due The interest rates are: applications for economic injury loans to damages caused by severe wind and from small businesses located in the hail storm, torrential rain, and flooding Percent following contiguous counties and which occurred May 13 through May independent cities may be filed until 19, 1995: Carter, Christian, Elliot, Floyd, For physical damage: the specified date at the above location: Laurel and Pike. Homeowners with credit avail- Alleghany, Amerst, Appomattox, In addition, applications for economic able elsewhere ...... 8.000 Bedford, Bland, Botetourt, Buckingham, injury loans from small businesses Homeowners without credit avail- Charlotte, Clarke, Craig, Fauquier, able elsewhere ...... 4.000 located in the following contiguous Businesses with credit available Fluvanna, Franklin, Frederick, Henry, counties may be filed until the specified elsewhere ...... 8.000 Highland, Louisa, Mecklenburg, date at the previously designated Businesses and non-profit orga- Montgomery, Nelson, Page, Pulaski, location: Boyd, Caldwell, Clay, nizations without credit avail- Roanoke, Rockingham, Shenandoah, Greenup, Hopkins, Jackson, Johnson, able elsewhere ...... 4.000 Spotsylvania, and Stafford Counties and Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36453 the Independent Cities of tentative order, or in appropriate cases Proposed Effective Date: July 1, 1995. Charlottesville, Danville, Salem, South a final order without further Paulette V. Twine, Boston, and Waynesboro in Virginia; proceedings. Chief, Documentary Services Division. Greenbrier, Mercer, Monroe, Docket Number: OST–95–266 [FR Doc. 95–17417 Filed 7–14–95; 8:45 am] Date filed: June 29, 1995 Pocahontas, and Summers Counties in BILLING CODE 4910±62±P West Virginia; and Caswell, Granville, Due Date for Answers, Conforming Person and Rockingham Counties in Applications, or Motion to Modify North Carolina. Scope: July 27, 1995 Coast Guard Any counties contiguous to the above- Description: Application of Air Nova, named counties and not listed herein Inc., pursuant to 49 U.S.C. Section [CGD 95±043] 41304, and Subpart Q of the have been previously declared. Annual Certification of Prince William The interest rates are: Regulations, applies for amendment of its foreign air carrier permit to Sound Regional Citizens' Advisory Percent authorize it to provide scheduled and Council charter foreign air transportation of AGENCY: Coast Guard, DOT. For physical damage: persons, property, and mail from any ACTION: Notice. Homeowners with credit avail- point or points in Canada to any point able elsewhere ...... 8.000 or points in the United States. SUMMARY: Under the Oil Terminal and Homeowners without credit avail- able elsewhere ...... 4.000 Docket Number: OST–95–268 Oil Tanker Environmental Oversight Businesses with credit available Date filed: June 29, 1995 and Monitoring Act of 1990, the Coast elsewhere ...... 8.000 Due Date for Answers, Conforming Guard may certify, on an annual basis, Businesses and non-profit orga- Applications, or Motion to Modify a voluntary advisory group in lieu of a nizations without credit avail- Scope: July 27, 1995 Regional Citizens’ Advisory Council for able elsewhere ...... 4.000 Description: Application of AirBC, Prince William Sound, Alaska. This Others (including non-profit orga- Limited, pursuant to 49 U.S.C. certification allows the advisory group nizations) with credit available Section 413404 of the Act and to monitor the activities of terminal elsewhere ...... 7.125 Subpart Q of the Regulations, applies facilities and crude-oil tankers under For economic injury: Businesses and small agricul- for amendment of its foreign air the Prince William Sound Program tural cooperatives without carrier permit to authorize it to established by the statute. The purpose credit available elsewhere ...... 4.000 provide scheduled and charter foreign of this notice is to inform the public that air transportation of persons, the Coast Guard has recertified the The number assigned to this disaster property, and mail from any point or alternative voluntary advisory group for for physical damage is 279306. For points in Canada to any point or Prince William Sound, Alaska. economic injury the numbers are points in the United States. EFFECTIVE DATE: July 1, 1995, through 856100 for Virginia; 856800 for West Docket Number: OST–95–259 June 30, 1996. Date filed: June 28, 1995 Virginia; and 857000 for North Carolina. FOR FURTHER INFORMATION CONTACT: Due Date for Answers, Conforming Mrs. Janice Jackson, Project Manager, (Catalog of Federal Domestic Assistance Applications, or Motion to Modify Marine Environmental Protection Programs Nos. 59002 and 59008) Scope: July 26, 1995. Division (G–MEP–3), (202) 267–0500, Dated: July 7, 1995. Description: Application of Alaska U.S. Coast Guard Headquarters, 2100 Bernard Kulik, Airlines, Inc. for renewal and Second Street SW., Washington, DC Associate Administrator for Disaster amendment of a certificate of public 20593–0001. Assistance. convenience and necessity permitting [FR Doc. 95–17374 Filed 7–14–95; 8:45 am] service between Anchorage, Alaska SUPPLEMENTARY INFORMATION: As part of BILLING CODE 8025±01±M and the coterminal points Magadan, the Oil Pollution Act of 1990, Congress Khabarovsk, Vladivostok, and passed the Oil Terminal and Oil Tanker Petropavlovsk-Kamchatski, Russia. Environmental Oversight and Monitoring Act of 1990 (the Act), 33 DEPARTMENT OF TRANSPORTATION Paulette V. Twine, U.S.C. 2732, to foster the long-term Chief, Documentary Services Division. partnership among industry, Notice of Applications for Certificates [FR Doc. 95–17416 Filed 7–14–95; 8:45 am] of Public Convenience and Necessity government, and local communities in BILLING CODE 4910±62±P and Foreign Air Carrier Permits Filed overseeing compliance with Under Subpart Q During the Week environmental concerns in the operation of terminal facilities and Ended June 30, 1995 Aviation Proceedings; Agreements crude-oil tankers. The following Applications for Filed During the Week Ended June 30, Subsection 2732(o) permits an Certificates of Public Convenience and 1995 alternative voluntary advisory group to Necessity and Foreign Air Carrier The following Agreements were filed represent the communities and interests Permits were filed under Subpart Q of with the Department of Transportation in the vicinity of the terminal facilities the Department of Transportation’s under the provisions of 49 U.S.C 412 in Prince William Sound, in lieu of a Procedural Regulations (See 14 CFR and 414. Answers may be filed within council of the type specified in 302.1701 et. seq.). The due date for 21 days of date of filing. subsection 2732(d), if certain conditions Answers, Conforming Applications, or Docket Number: OST–95–276 are met. The Act requires that the group Motions to Modify Scope are set forth Date filed: June 30, 1995 enter into a contract to ensure annual below for each application. Following Parties: Members of the International funding, and that it receive annual the Answer period DOT may process the Air Transport Association certification by the President to the application by expedited procedures. Subject: TC3 Telex Mail Vote 743; effect that if fosters the general goals Such procedures may consist of the Korea-Thailand fares: r-1—043i, r-2— and purposes of the Act and is broadly adoption of a show-cause order, a 053i, r-3—061i, r-4—070t, r-5—085t representative of the community and 36454 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices interests in the vicinity of the terminal Dated: July 11, 1995. petitions seeking relief from specified facilities. Accordingly, in 1991, the J.C. Card, requirements of the Federal Aviation President granted certification to the Rear Admiral, U.S. Coast Guard Chief, Office Regulations (14 CFR Chapter I), Prince William Sound Regional of Marine Safety, Security and Environmental dispositions of certain petitions Citizens’ Advisory Council (RCAC). The Protection. previously received, and corrections. authority to certify alternative advisory [FR Doc. 95–17489 Filed 7–14–95; 8:45 am] The purpose of this notice is to improve groups was subsequently delegated to BILLING CODE 4910±14±M the public’s awareness of, and the Commandant of the Coast Guard, participation in, this aspect of FAA’s and redelegated to the Chief, Office of regulatory activities. Neither publication Marine Safety, Security, and Federal Aviation Administration of this notice nor the inclusion or Environmental Protection. [AC No. 20±AIR±DU] omission of information in the summary On May 11, 1995, in the Federal is intended to affect the legal status of Register, the Coast Guard announced Proposed Advisory Circular (AC) on any petition or its final disposition. the availability of the application for Voluntary Industry Distributor/Dealer DATE: Comments on petitions received recertification that it received from the Accreditation Program must identify the petition docket RCAC and requested comments (60 FR number involved and must be received AGENCY: 25257). It received twenty-four Federal Aviation on or before August 7, 1995. Administration (FAA), DOT. comments. ADDRESSES: Send comments on any ACTION: The proposed AC is intended to Discussion of Comments petition in triplicate to: Federal provide information and guidance Aviation Administration, Office of the Twenty-three comments support regarding voluntary accreditation Chief Counsel, Attn: Rule Docket (AGC– recertification of RCAC without programs for distributors and dealers of 200), Petition Docket No. llll, 800 reservation. However, a comment from civil aircraft parts. Independence Avenue, SW., a member of the oil-tanker industry DATES: Comments must be received on Washington, DC 20591. argues that three issues need to be or before September 15, 1995. Comments may also be sent resolved if the RCAC is to be effective. electronically to the following internet ADDRESSES: Send all comments and The comment states that, ‘‘[d]uring address: [email protected]. the past year, RCAC has made a requests for copies of the proposed AC The petition, any comments received, concerted effort to improve its to: Federal Aviation Administration, and a copy of any final disposition are relationship with the tanker industry.’’ Aircraft Maintenance Division filed in the assigned regulatory docket However, despite the positive notes, the Attention: AFS–350, 800 Independence and are available for examination in the comment presses those three issues. Avenue, SW., Washington, DC 20591. Rules Docket (AGC–200), Room 915G, ‘‘First, is acceptance of RCAC’s role as FOR FURTHER INFORMATION CONTACT: FAA Headquarters Building (FOB 10A), advisory as defined in OPA ’90. Second, Richard E. Nowak, AFS–350, at the 800 Independence Avenue, SW., is RCAC’s efforts to influence decision above address; telephone: (202) 267– Washington, DC 20591; telephone (202) making through political and lobbying 7228 (8:30 a.m. to 5 p.m. EDT). 267–3132. efforts. Third, and most important, is SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: trust between RCAC and industry.’’ The guidance material in this AC describes Mr. D. Michael Smith, Office of Coast Guard has forwarded the voluntary programs in which Rulemaking (ARM–1), Federal Aviation comment to RCAC and asked the distributors and dealers of civil aircraft Administration, 800 Independence members to review the issues, consider parts can obtain accreditation of quality Avenue, SW., Washington, DC 20591; what is necessary to resolve the issues, control systems, which would assure telephone (202) 267–7470. and provide a response to the Coast that the approval status of their parts is This notice is published pursuant to Guard. properly documented. paragraphs (c), (e), and (g) of § 11.27 of It is the Coast Guard’s position that Issued in Washington, D.C. on June 30, Part 11 of the Federal Aviation those three issues can be addressed 1995. Regulations (14 CFR Part 11). successfully by RCAC and that, in fact, William J. White, Issued in Washington, DC, on July 11, progress has been made on the issues Deputy Director, Flight Standards Service. 1995. during the past year. In light of this, and [FR Doc. 95–17407 Filed 7–14–95; 8:45 am] Donald P. Byrne, the many positive comments received BILLING CODE 4910±13±M Assistant Chief Counsel for Regulations. regarding RCAC’s performance during the past year, the Coast Guard has Petitions for Exemption determined that recertification of RCAC [Summary Notice No. PE±95±23] Docket No.: 28223 in accordance with the Act is Petitioner: Executive Air Fleet, Inc. Petitions for Exemption; Summary of appropriate. The Coast Guard has Sections of the FAR Affected: 14 CFR Petitions Received; Dispositions of informed RCAC that documentation 135.25(b) and (c) should be included in RCAC’s Petitions Issued Description of Relief Sought: To allow recertification application next year AGENCY: Federal Aviation Executive Air Fleet, Inc., to operate its indicating how each of the issues has Administration (FAA), DOT. aircraft without having the exclusive been addressed. ACTION: Notice of petitions for use of at least one aircraft that meets Recertification: By letter dated June exemption received and of dispositions the requirements for at least one kind 23, 1995, the Chief, Office of Marine of prior petitions. of operation authorized in the Safety, Security, and Environmental certificate holder’s operations Protection certified that the RCAC SUMMARY: Pursuant to FAA’s rulemaking specifications. qualifies as an alternative voluntary provisions governing the application, Docket No.: 28224 advisory group under 33 U.S.C. 2732(o). processing, and disposition of petitions Petitioner: Mr. W.H. Symmes This recertification terminates on June for exemption (14 CFR Part 11), this Sections of the FAR Affected: 14 CFR 30, 1996. notice contains a summary of certain 121.383(c) Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36455 Description of Relief Sought: To permit capable of more than 75 knots Description of Relief Sought/ Mr. Symmes to act as a pilot in calibrated airspeed at full power in Disposition: To extend Exemption No. operations conducted under part 121 level flight, and have a power0off stall 5332, as amended, which permits MCI after reaching his 60th birthday. speed that does not exceed 35 knots to conduct certain ferry flights with Docket No.: 28242 calibrated airspeed. GRANT, June 30, one engine inoperative in its Falcon Petitioner: Trans World Airlines, Inc. 1995, Exemption No. 3784G. Trijet aircraft without obtaining a Sections of the FAR Affected: 14 CFR Docket No.: 23869 special flight permit for each flight. 121.574(a)(1) and (3) Petitioner: The Relative Workshop, Inc. GRANT, June 30, 1995, Exemption Description of Relief Sought: To permit Sections of the FAR Affected: 14 CFR No. 5332B. Trans World Airlines, Inc., (TWA) to 105.43 Docket No.: 26608 allow its passengers to use portable Description of Relief Sought/ Petitioner: Alaska Airlines, Inc./Atlantic oxygen equipment that has not been Disposition: To amend Exemption No. Richfield Company/British Petroleum supplied by TWA nor maintained by 4943, as amended, which allows Exploration, Alaska, Inc. TWA in accordance with its FAA- employees, representatives, and other Sections of the FAR Affected: 14 CFR approved maintenance program. adult volunteer parachute test 43.3(a), 43.7(a), 91.213(a), jumpers of The Relative Workshop, 91.407(a)(2), 91.417(a)(2)(v), and Dispositions Of Petitions Inc., to make tandem parachute jumps 121.379 Docket No.: 15078 wearing a dual harness, dual Description of Relief Sought/ Petitioner: Drug Enforcement parachute pack having at least one Disposition: To extend and amend Administration main parachute and one approved Exemption No. 5667, which permits Sections of the FAR Affected: 14 CFR auxiliary parachute, packed in Alaska Airlines, Inc., (ASA) to 91.117(a), (b), and (c); 91.127(c); accordance with § 105.43(a). The perform maintenance, preventive 91.159(a); and 91.209 (a) and (d) amendment is two-fold: to revise the maintenance, alterations, inspections, Description of Relief Sought/ name of ‘‘The Relative Workshop, major repairs, and major alterations, Disposition: To extend Exemption No. Inc.’’, to ‘‘The Uninsured Relative and, subsequently, to return to service 5506, which permits the DEA to Workshop, Inc.’’, and to permit Ms. the Boeing 737–200 series aircraft conduct air operations in support of Shawna Huang, a 15-year-old minor leased and operated by Atlantic drug law enforcement and drug traffic diagnosed with terminal cancer, to Richfield Company (ARCO) and interdiction. GRANT, June 29, 1995, fulfill her ultimate wish to skydive. British Petroleum Exploration, Exemption No. 5506A. GRANT, June 8, 1995, Exemption No. Alaska, Inc., (BPX). In addition, that Docket No.: 23465 4943E. exemption allows ARCO and BPX, Petitioner: Everts Air Fuel, Inc. Docket No.: 24770 operating under part 91, to follow Sections of the FAR Affected: 14 CFR Petitioner: FlightSafety International procedures specifically authorized for 91.9(a) Sections of the FAR Affected: 14 CFR air carrier operations with respect to Description of Relief Sought/ 61.55(b)(2); 61.56(b)(1); 61.57 (c) and the use of ASA’s FAA-approved Disposition: To extend and amend (d); 61.58(b)(2) and (c)(1); 61.63(c)(2) minimum equipment list (MEL) and Exemption No. 4296, as amended, and (d) (2) and (3); 61.65 (d) and (g); FAA-approved continuous which permits Everts Air Fuel, Inc., to 61.67(d)(2); 61.163(a); 61.191(c); and airworthiness maintenance program operate its McDonnell Douglas DC–6 appendix B of part 61 (CAMP) for the Boeing 737–200 series aircraft, registration numbers N351CE, Description of Relief Sought/ aircraft leased by and operated by N451CE, and N4390F, and its Disposition: To extend Exemption No. ARCO and BPX. The amendment McDonnell Douglas DC–6B aircraft, 5324, as amended, which allows includes a letter of deviation authority registration numbers N151 and FlightSafety International to use FAA- issued by ARCO and BPX that N251CE, at a 5 percent increased zero approved simulators to meet certain addresses certain issues that are fuel weight and landing weight for the training and testing requirements of normally covered by operations purpose of operating all-cargo aircraft the above-listed sections. GRANT, specifications. GRANT, June 27, 1995, that provide supplies to people in June 16, 1995, Exemption No. 5324B. Exemption No. 5667A. isolated villages in Alaska. The Docket No.: 25120 Docket No.: 26704 amendment adds McDonnell Douglas Petitioner: Singapore Airlines Limited Petitioner: Virginia State Police Aviation DC–6 aircraft, registration numbers Sections of the FAR Affected: 14 CFR Unit N888DG, N555SQ, and N999SQ to the 21.197(c) Sections of the FAR Affected: 14 CFR listing of aircraft to be operated under Description of Relief Sought/ 91.127(c), 91.159(a), and 91.209(a) the terms of the exemption. GRANT, Disposition: To extend and amend Description of Relief Sought/ June 7, 1995, Exemption No. 4296E. Exemption No. 4792, as amended, Disposition: To amend Exemption No. Docket No.: 23477 which permits the issuance to 5548, which provides the Virginia Petitioner: Experimental Aircraft Singapore Airlines Limited of a State Police Aviation Unit relief from Association special flight permit with a the pertinent provisions of part 91 in Sections of the FAR Affected: 14 CFR continuing authorization for seven order to conduct law enforcement air 103.1 (a) and (e)(1) through (e)(4) specific Boeing 747–312 aircraft as support. The amendment addresses Description of Relief Sought/ delineated in your petition. The the need to perform certain aircraft Disposition: To extend Exemption No. amendment removes aircraft N119KE, operations in noncompliance with the 3784, as amended, which permits S/N 23030, and N120KF, S/N 23031. above regulations governing individuals authorized by EAA to give GRANT, May 24, 1995, Exemption operations on or in the vicinity of an instruction in powered ultralight No. 4792E. airport in Class E airspace, visual vehicles that have a maximum empty Docket No.: 26237 flight rules (VFR) cruising altitudes, weight of not more than 496 pounds, Petitioner: MCI Telecommunications and the use of aircraft lights. have a maximum fuel capacity of not Sections of the FAR Affected: 14 CFR PARTIAL GRANT, June 15, 1995, more than 10 U.S. gallons, are not 91.611 Exemption No. 5548A. 36456 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Docket No.: 27202 Docket No.: 27309 Sections of the FAR Affected: 14 CFR Petitioner: Skydive Arizona, Inc. Petitioner: Mr. David R. Abshire 61.101a(a)(1) Sections of the FAR Affected: 14 CFR Sections of the FAR Affected: 14 CFR Description of Relief Sought/ 105.43(a) 65.71(a)(2) Disposition: To permit Mr. Smith to Description of Relief Sought/ Description of Relief Sought/ carry up to three passengers in a Disposition: To extend Exemption No. Disposition: To extend Exemption No. Cessna 172 aircraft. DENIAL, June 22, 5725, which permits nonstudent 5719, which enables Mr. Abshire to 1995, Exemption No. 6112. parachutists who are foreign nationals become eligible for a mechanic Docket No.: 27881 (foreign parachutists) to participate in certificate and associated ratings Petitioner: TransNorthern Aviation, Inc. Skydive Arizona, Inc. (SAI)-sponsored although he cannot speak the English Sections of the FAR Affected: 14 CFR parachuting events held at SAI’s language. GRANT, June 7, 1995, 43.3(g) facilities without having to comply Exemption No. 5719A. Description of Relief Sought/ with certain parachute equipment and Docket No.: 27330 Disposition: To amend Exemption No. packing requirements. GRANT, June Petitioner: Crow Executive Air, Inc. 6031 by changing the name of the 7, 1995, Exemption No. 5725A. Sections of the FAR Affected: 14 CFR petitioner from ‘‘TransNorthern Air Docket No.: 27251 43.3(g) Service’’ to ‘‘TransNorthern Aviation, Petitioner: American Bonanza Society/ Description of Relief Sought/ Inc.’’, to reflect a name change that Air Safety Foundation and Bonanza/ Disposition: To extend Exemption No. occurred as a result of the petitioner’s Baron Pilot Proficiency Programs, Inc. 5731, which permits pilots employed incorporation. GRANT, May 24, 1995, Sections of the FAR Affected: 14 CFR by Crow Executive Air, Inc. (CEA), to Exemption No. 6031A. 91.109 (a) and (b)(3) remove or replace the cabin seats on Docket No.: 27931 Description of Relief Sought/ aircraft used in operations conducted Disposition: To extend and amend Petitioner: Mr. Edward R. Thornton by CEA under part 135. GRANT, June Sections of the FAR Affected: 14 CFR Exemption No. 5733, which permits 7, 1995, Exemption No. 5731A. 61.27 American Bonanza Society/Air Safety Description of Relief Sought/ Foundation (ABS/ASF) instructors to Docket No.: 27570 Disposition: To permit issuance of a provide recurrent flight training and Petitioner: HMT Sales pilot certificate to Mr. Thornton at the simulated instrument flight training Sections of the FAR Affected: 14 CFR grade of commercial pilot with in Beech Baron and Travel Air type 43.3(g) Description of Relief Sought/ instrument and multiengine ratings, aircraft, equipped with a functioning Disposition: To extend and amend and a flight instructor certificate with throwover control wheel, for the a glider rating, on the basis of oral purpose of meeting recency of Exemption No. 5866, which permits experience requirements contained in appropriately trained and certificated tests and flight checks but without §§ 61.56 (a), (b), and (f), and 61.57 pilots employed by HMT, a written testing. DENIAL, May 24, (e)(1) and (e)(2). The amendment certificated part 135 operator, which 1995, Exemption No. 6091. addresses three issues: to revise the operates an aircraft with fewer than 9 Docket No.: 28043 applicability of the exemption to seats, to remove and reinstall aircraft Petitioner: Otis Spunkmeyer Air include Bonanza/Baron Pilot cabin seats and stretchers in HMT’s Sections of the FAR Affected: 14 CFR Proficiency Programs (BPPP) and the Piper PA 34–200T aircraft. The 135.1(b)(2) instructors who conduct training in amendment changes the name of the Description of Relief Sought/ association with BPPP; to permit the petition from ‘‘George A. Tomlinson, Disposition: To permit Ortis training to be conducted in Beech dba H.M.T., LTD.’’, to ‘‘Tomlinson, Spunkmeyer Air to conduct Bonanzas, as well as in Barons and Inc., dba HMT Sales.’’ GRANT, May sightseeing flights, under part 91, up Travel Airs; and to limit operations 24, 1995, Exemption No. 5866A. to 55 statute miles from a departure conducted under the exemption to Docket No.: 27595 airport rather than 25 statute miles as recurrent flight instruction and Petitioner: Garlick Helicopters, Inc. limited by § 135.1(b)(2). DENIAL, June simulated instrument flight Sections of the FAR Affected: 14 CFR 7, 1995, Exemption No. 6096. instruction in Beech Bonanza, Baron, 36.1(a)(4) [FR Doc. 95–17437 Filed 7–14–95; 8:45 am] and Travel Air type aircraft equipped Description of Relief Sought/ BILLING CODE 4910±13±M with a functioning throwover control Disposition: To exempt the Restricted wheel and operable rudder pedals, in Category Type Certificate (TC) H13WE lieu of functioning dual controls. of Garlick Helicopters, Inc., from the Federal Transit Administration GRANT, June 9, 1995, Exemption No. applicable noise certification requirements of part 36. DENIAL, June Transfer of Federally Assisted Land or 5733A. Facility Docket No.: 27276 26, 1995, Exemption No. 6116. Petitioner: Haines Airways, Inc. Docket No.: 27833 AGENCY: Federal Transit Administration, Sections of the FAR Affected: 14 CFR Petitioner: Air Tractor Inc. DOT. Sections of the FAR Affected: 14 CFR 43.3(g) ACTION: Notice of intent to transfer Description of Relief Sought/ 91.313(d) Federally assisted land or facility. Disposition: To extend Exemption No. Description of Relief Sought/ 5678, which allows, when certificated Disposition: To permit a passenger to SUMMARY: The Federal Transit Laws mechanics are unavailable, be carried in an Air Tractor AT–503A permit the Administrator of the Federal appropriately trained and certificated and AT–802 restricted category Transit Administration (FTA) to pilots employed by Haines Airways, aircraft without that passenger authorize a recipient of FTA funds to Inc., to remove and reinstall aircraft performing one of the functions transfer land or a facility to a public cabin seats in Piper PA–32 aircraft described in § 91.313(d). DENIAL, body for any public purpose with no operated by Haines Airways, Inc. June 1, 1995, Exemption No. 6095. further obligation to the Federal GRANT, April 17, 1995, Exemption Docket No.: 27844 Government if, among other things, no No. 5678A. Petitioner: Mr. James W. Smith, Jr. Federal agency is interested in acquiring Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36457 the asset for Federal use. Accordingly, interested in acquiring the affected land Treasury to conduct a study assessing FTA is issuing this Notice to advise or facility should promptly notify the the strengths and weaknesses of the Federal agencies that the New Jersey FTA. United States financial services system Transit intends to transfer the Union If no Federal agency is interested in in meeting the needs of the system’s City Bus Maintenance Facility on New acquiring the existing land or facility, users. The Act also requires the York Avenue in Union City, New Jersey FTA will make certain that the other Secretary, in conducting the study, to to the City of Union City. requirements specified in section 49 appoint and consult with an Advisory DATES: Any Federal agency interested in U.S.C. section 5334(g) (1) (A) through Commission on Financial Services. On acquiring the land or facility must notify (C) are met before permitting the asset June 21, 1995, the Secretary announced the FTA, Region II, of its interest, by to be transferred. the appointment of 13 members of the August 16, 1995. Additional Description of Land or Advisory Commission and set July 31, ADDRESSES: Interested parties should Facility 1995, as the date of the first meeting of notify the Regional Office by writing the the Commission. The Act requires the The subject building is located at Federal Transit Administration, 26 Secretary to report to Congress by 2701 New York Avenue, Union City, Federal Plaza, Suite 2940, New York, December 29, 1995, on the results of the New Jersey, on approximately 3 acres of N.Y. 10278. study, including any recommendations. land. The building was built in stages Dated: July 11, 1995. FOR FURTHER INFORMATION CONTACT: between 1896 and 1928 as a trolley Hans Point Du Jour, FTA, Region II, maintenance facility. It has Richard S. Carnell, 212–264–8162 or Ann Catlin, Office of approximately 131,000 square feet of Assistant Secretary (Financial Institutions), Grants Management at 202–366–1647. building area overall with 7 bus bays Department of the Treasury. [FR Doc. 95–17410 Filed 7–14–95; 8:45 am] SUPPLEMENTARY INFORMATION: available for storage and service. BILLING CODE 4810±25±M Background Issued On: July 11, 1995. Thomas J. Ryan, 49 U.S.C. section 5334(g) (formerly, Section 12(k) of the FT Act, as Regional Administrator, TRO–II. Internal Revenue Service amended) provides guidance on the [FR Doc. 95–17425 Filed 7–14–95; 8:45 am] Tax on Certain Imported Substances transfer of capital assets. Specifically, if BILLING CODE 4910±57±P (Methyl Methacrylate); Filing of Petition a recipient of FTA assistance determines that capital assets (including land) AGENCY: Internal Revenue Service (IRS), acquired, in whole or part, with such DEPARTMENT OF THE TREASURY Treasury. assistance are no longer needed for the ACTION: Notice. purposes for which they were acquired, Study of the United States Financial the Administrator may authorize the Services System SUMMARY: This notice announces the transfer of such assets to any public AGENCY: Department of the Treasury. acceptance, under Notice 89–61, of a petition requesting that methyl body to be used for any public purpose ACTION: Notice of public meeting of the methacrylate be added to the list of with no further obligation to the Federal Advisory Commission on Financial taxable substances in section 4672(a)(3). Government. Services. Publication of this notice is in Section 5334 (g) Determinations SUMMARY: The first meeting of the compliance with Notice 89–61. This is The provision also provides that Advisory Commission on Financial not a determination that the list of before the FTA may authorize such a Services will be held on Monday, July taxable substances should be modified. transfer, the FTA must first determine 31, 1995. The meeting will be held from DATES: Submissions must be received by that: 1–5 p.m in the Cash Room, Department September 15, 1995. Any modification (A) The asset being transferred will of the Treasury, 1500 Pennsylvania of the list of taxable substances based remain in public use for not less than 5 Avenue, NW, Washington, DC 20220. upon this petition would be effective years after the date of the transfer; PUBLIC MEETING: The Advisory October 1, 1995. (B) There are no purposes eligible for Commission meeting will be open to the ADDRESSES: Send submissions to: assistance under the Federal Transit public. Individuals wishing to attend CC:DOM:CORP:T:R (Petition), room Laws for which the asset should be the meeting should come to the 15th 5228, Internal Revenue Service, POB used; Street entrance of the Treasury Building. 7604, Ben Franklin Station, Washington, (C) The overall benefit of allowing the They also should provide complete DC 20044. In the alternative, transfer outweighs the Federal identification, including their name, submissions may be hand delivered Government interest in liquidation and birth date, and social security number between the hours of 8 a.m. and 5 p.m. return of the Federal financial interest no later than by Friday, July 28, 1995, to: CC:DOM:CORP:T:R (Petition), in the asset, after consideration of fair to the Office of Financial Institutions Courier’s Desk, Internal Revenue market value and other factors; and Service, 1111 Constitution Avenue NW., (D) In any case in which the asset is Policy, Department of the Treasury. Washington, DC. a facility or land, there is no interest in Phone number 202/622–2740. Fax acquiring the asset for Federal use. number 202/622–0256. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Ruth Hoffman, Office of Assistant Chief Federal Interest in Acquiring Land or For further information contact Joan Counsel (Passthroughs and Special Facility Affleck-Smith, Director, Office of Industries), (202) 622–3130 (not a toll- This document implements the Financial Institutions Policy, 202/622– free number). requirements of 49 U.S.C. section 2740. SUPPLEMENTARY INFORMATION: The 5334(g) (1) (D). Accordingly, FTA SUPPLEMENTARY INFORMATION: Section petition was received on October 13, hereby provides notice of the 210 of the Riegle-Neal Interstate 1994. The petitioner is Rohm and Haas availability of the land or facility further Banking and Branching Efficiency Act Texas, Inc., a manufacturer and exporter described below. Any Federal agency of 1994 requires the Secretary of the of this substance. The following is a 36458 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices summary of the information contained that the list of taxable substances in 4671(b)(3), is $6.66 per ton. This is in the petition. The complete petition is section 4672(a)(3) will be modified to based upon a conversion factor for available in the Internal Revenue include monoethanolamine, propylene of 0.62, a conversion factor Service Freedom of Information Reading diethanolamine, triethanolamine, for chlorine of 1.00, a conversion factor Room. monoisopropanolamine, for sodium hydroxide of 1.20, and a HTS number: 2916.14.00.20 diisopropanolamine, conversion factor for ammonia of 0.23. CAS number: 80–62–6 triisopropanolamine, toluene The rate of tax prescribed for Methyl methacrylate is derived from diisocyanate, and chlorinated diisopropanolamine, under section the taxable chemicals methane, polyethylene. 4671(b)(3), is $7.08 per ton. This is ammonia, propylene, benzene, and EFFECTIVE DATE: This modification is based upon a conversion factor for sulfuric acid and is a liquid produced effective April 1, 1992. propylene of 0.70, a conversion factor predominantly by the catalytic reaction FOR FURTHER INFORMATION CONTACT: for chlorine of 1.10, a conversion factor of acetone cyanohydrin and methyl Ruth Hoffman, Office of Assistant Chief for sodium hydroxide of 1.30, and a alcohol. The methyl methacrylate is Counsel (Passthroughs and Special conversion factor for ammonia of 0.13. then purified by distillation. Industries), (202) 622–3130 (not a toll- The rate of tax prescribed for The stoichiometric material free number). triisopropanolamine, under section consumption formula for this substance 4671(b)(3), is $7.49 per ton. This is is: SUPPLEMENTARY INFORMATION: based upon a conversion factor for 3 CH4 (methane) + NH3 (ammonia) + Background propylene of 0.74, a conversion factor C3H6 (propylene) + C6H6 (benzene) + for chlorine of 1.20, a conversion factor Under section 4672(a), an importer or H2SO4 (sulfuric acid) + 2.5 O2 (oxygen) for sodium hydroxide of 1.40, and a exporter of any substance may request ‰ C5H8O2 (methyl methacrylate) + conversion factor for ammonia of 0.10. that the Secretary determine whether NH4HSO4 (ammonium bisulfate) + The rate of tax prescribed for toluene the substance should be listed as a C6H6O (phenol) + CH3OH (methanol) + diisocyanate, under section 4671(b)(3), taxable substance. The Secretary shall H2O (water) + 2 H20 (hydrogen) is $4.90 per ton. This is based upon a According to the petition, taxable add the substance to the list of taxable conversion factor for toluene of 0.53, a chemicals constitute 77.9 percent by substances in section 4672(a)(3) if the conversion factor for nitric acid of 0.7, weight of the materials used to produce Secretary determines that taxable and a conversion factor for chlorine of this substance. The rate of tax for this chemicals constitute more than 50 0.8. substance would be $10.12 per ton. This percent of the weight, or more than 50 The rate of tax prescribed for is based upon a conversion factor for percent of the value, of the materials chlorinated polyethylene, under section methane of 0.47, a conversion factor for used to produce the substance. This 4671(b)(3), is $5.05 per ton. This is ammonia of 0.22, a conversion factor for determination is to be made on the basis based upon a conversion factor for propylene of 0.6, a conversion factor for of the predominant method of ethylene of 0.65 and a conversion factor benzene of 0.94, and a conversion factor production. Notice 89–61, 1989–1 C.B. for chlorine of 0.70. for sulfuric acid of 1.63. 717, sets forth the rules relating to the The petitioner is Dow Chemical determination process. Comments and Requests for a Public Company, a manufacturer and exporter Hearing Determination of these substances. No material comments were received on these Before a determination is made, On July 10, 1995, the Secretary determined that monoethanolamine, petitions. The following information is consideration will be given to any the basis for the determinations. written comments (a signed original and diethanolamine, triethanolamine, eight (8) copies) that are submitted monoisopropanolamine, Monoethanolamine diisopropanolamine, timely to the IRS. All comments will be HTS number: 2922.11.00.00 triisopropanolamine, toluene available for public inspection and CAS number: 141–43–5 diisocyanate, and chlorinated copying. A public hearing may be Monoethanolamine is derived from polyethylene should be added to the list scheduled if requested in writing by a the taxable chemicals ethylene and of taxable substances in section person that timely submits written ammonia and is a liquid produced 4672(a)(3), effective April 1, 1992. comments. If a public hearing is predominantly by reacting ethylene The rate of tax prescribed for scheduled, notice of the date, time, and oxide and aqueous ammonia. monoethanolamine, under section place for the hearing will be published The stoichiometric material 4671(b)(3), is $3.63 per ton. This is in the Federal Register. consumption formula for this substance based upon a conversion factor for Dale D. Goode, is: ethylene of 0.59 and a conversion factor Federal Register Liaison Officer, Assistant for ammonia of 0.29. 2 C2H4 (ethylene)+2 NH3 (ammonia)+O2 Chief Counsel (Corporate). The rate of tax prescribed for (oxygen) ‰ 2 C22H7NO [FR Doc. 95–17380 Filed 7–14–95; 8:45 am] diethanolamine, under section (monoethanolamine) BILLING CODE 4830±01±U 4671(b)(3), is $3.85 per ton. This is Monoethanolamine has been based upon a conversion factor for determined to be a taxable substance ethylene of 0.70 and a conversion factor because a review of its stoichiometric Tax on Certain Imported Substances for ammonia of 0.17. material consumption formula shows (Monoethanolamine, et al.); Notice of The rate of tax prescribed for that, based on the predominant method Determinations triethanolamine, under section of production, taxable chemicals AGENCY: Internal Revenue Service (IRS), 4671(b)(3), is $3.96 per ton. This is constitute 73.7 percent by weight of the Treasury. based upon a conversion factor for materials used in its production. ACTION: Notice. ethylene of 0.75 and a conversion factor for ammonia of 0.12. Diethanolamine SUMMARY: This notice announces The rate of tax prescribed for HTS number: 2922.12.00.00 determinations, under Notice 89–61, monoisopropanolamine, under section CAS number: 111–42–2 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36459 Diethanolamine is derived from the constitute 100 percent by weight of the C7H8 (toluene) + 2 HNO3 (nitric acid) + taxable chemicals ethylene and materials used in its production. 2 Cl2 (chlorine) + 2 CO (carbon ammonia and is a solid produced monoxide) + 6 H2 (hydrogen) Diisopropanolamine predominantly by reacting ethylene ———> C9H6N2O2 (toluene oxide and aqueous ammonia. HTS number: 2922.19.60.00 diisocyanate) + 6 H2O (water) +4 The stoichiometric material CAS number: 110–97–4 HCl (hydrogen chloride) Diisopropanolamine is derived from consumption formula for this substance Toluene diisocyanate has been is: the taxable chemicals propylene, chlorine, sodium hydroxide, and determined to be a taxable substance 2 C2H4 (ethylene)+NH3 (ammonia)+O2 ammonia and is a solid produced because a review of its stoichiometric (oxygen) ‰ C4H11NO2 material consumption formula shows (diethanolamine) predominantly by the reaction of propylene oxide and ammonia. that, based on the predominant method Diethanolamine has been determined The stoichiometric material of production, taxable chemicals to be a taxable substance because a consumption formula for this substance constitute 84 percent by weight of the review of its stoichiometric material is: materials used in its production. consumption formula shows that, based 3 C3H6 (propylene)+2 Cl2 (chlorine)+2 on the predominant method of Chlorinated polyethylene NaOH (sodium hydroxide)+NH3 production, taxable chemicals constitute (ammonia) ‰ C6H15NO2 HTS number: 3901.90.50.00 69.5 percent by weight of the materials (diisopropanolamine) + C3H6Cl2 CAS number: 064754–90–1 used in its production. (propylene dichloride)+2 NaCl Chlorinated polyethylene is derived Triethanolamine (sodium chloride)+H2 (hydrogen) from the taxable chemicals ethylene and Diisopropanolamine has been chlorine and is a solid produced HTS number: 2922.13.00.00 determined to be a taxable substance CAS number: 102–71–6 predominantly by chlorination of because a review of its stoichiometric polyethylene resins. Triethanolamine is derived from the material consumption formula shows taxable chemicals ethylene and that, based on the predominant method The stoichiometric material ammonia and is a liquid produced of production, taxable chemicals consumption formula for this substance predominantly by reacting ethylene constitute 100 percent by weight of the is: oxide and aqueous ammonia. materials used in its production. 857 C2H4 (ethylene) + 375 Cl2 (chlorine) The stoichiometric material Triisopropanolamine ‰ C1714H3053Cl375 (chlorinated consumption formula for this substance polyethylene) + 375 HCl (hydrogen is: HTS number: 2922.19.60.00 chloride) 6 C2H4 (ethylene)+2 NH3 (ammonia)+3 CAS number: 122–20–3 Chlorinated polyethylene has been O2 (oxygen) ‰ 2 C6H15NO3 Triisopropanolamine is derived from (triethanolamine) the taxable chemicals propylene, determined to be a taxable substance chlorine, sodium hydroxide, and because a review of its stoichiometric Triethanolamine has been determined material consumption formula shows to be a taxable substance because a ammonia and is a solid produced predominantly by the reaction of that, based on the predominant method review of its stoichiometric material of production, taxable chemicals consumption formula shows that, based propylene oxide and ammonia. The stoichiometric material constitute 100 percent by weight of the on the predominant method of consumption formula for this substance materials used in its production. production, taxable chemicals constitute is: Dale D. Goode, 67.7 percent by weight of the materials used in its production. 4 C3H6 (propylene)+3 Cl2 (chlorine)+4 Federal Register Liaison Officer, Assistant NaOH (sodium hydroxide)+NH3 Chief Counsel (Corporate). Monoisopropanolamine (ammonia) ‰ C9H21NO3 [FR Doc. 95–17382 Filed 7–14–95; 8:45 am] HTS number: 2922.19.60.00 (triisopropanolamine)+C3H6Cl2 BILLING CODE 4830±01±U CAS number: 78–96–6 (propylene dichloride)+4 NaCl (sodium chloride)+H2O (water)+H2 Monoisopropanolamine is derived (hydrogen) Tax on Certain Imported Substances from the taxable chemicals propylene, Triisopropanolamine has been (Toluenediamine); Notice of chlorine, sodium hydroxide, and Determination ammonia and is a liquid produced determined to be a taxable substance predominantly by the reaction of because a review of its stoichiometric material consumption formula shows AGENCY: Internal Revenue Service (IRS), propylene oxide and ammonia. Treasury. The stoichiometric material that, based on the predominant method consumption formula for this substance of production, taxable chemicals ACTION: Notice. is: constitute 100 percent by weight of the materials used in its production. SUMMARY: This notice announces a 2 C3H6 (propylene)+2 Cl2 (chlorine)+2 determination, under Notice 89–61, that Toluene diisocyanate NaOH (sodium hydroxide)+NH3 the list of taxable substances in section (ammonia) +‰ C3H9NO HTS number: 2929.10.15.00 4672(a)(3) will be modified to include (monoisopropanolamine)+C3H6Cl2 CAS number: 584–84–9 toluenediamine. (propylene dichloride)+2 NaCl Toluene diisocyanate is derived from EFFECTIVE DATE: This modification is (sodium chloride) + H2O (water) the taxable chemicals toluene, nitric effective October 1, 1995. Monoisopropanolamine has been acid, and chlorine and is a liquid determined to be a taxable substance produced predominantly by the FOR FURTHER INFORMATION CONTACT: because a review of its stoichiometric phosgenation of primary amines. Ruth Hoffman, Office of Assistant Chief material consumption formula shows The stoichiometric material Counsel (Passthroughs and Special that, based on the predominant method consumption formula for this substance Industries), (202) 622–3130 (not a toll- of production, taxable chemicals is: free number). 36460 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices SUPPLEMENTARY INFORMATION: production, taxable chemicals constitute Executive Office Building, Washington, Background 53.95 percent by weight of the materials DC 20503. used in its production. Cora Prifold Beebe, Under section 4672(a), an importer or Dale D. Goode, Director of Administration. exporter of any substance may request Federal Register Liaison Officer, Assistant [FR Doc. 95–17420 Filed 7–14–95; 8:45 am] that the Secretary determine whether Chief Counsel (Corporate). that substance should be listed as a BILLING CODE 6720±01±P taxable substance. The Secretary shall [FR Doc. 95–17381 Filed 7–14–95; 8:45 am] add the substance to the list of taxable BILLING CODE 4830±01±U±M Public Information Collection substances in section 4672(a)(3) if the Secretary determines that taxable Requirements Submitted to OMB for Office of Thrift Supervision chemicals constitute more than 50 Review percent of the weight, or more than 50 Public Information Collection July 10, 1995. percent of the value, of the materials Requirements Submitted to OMB for The Office of Thrift Supervision used to produce the substance. This Review (OTS) has submitted the following determination is to be made on the basis public information collection of the predominant method of July 10, 1995. requirement(s) to OMB for review and production. Notice 89–61, 1989–1 C.B. The Office of Thrift Supervision clearance under the Paperwork 717, sets forth the rules relating to the (OTS) has submitted the following Reduction Act of 1980, Public Law 96– determination process. public information collection 11. Copies of the submission(s) may be requirement(s) to OMB for review and Determination obtained by calling the OTS Clearance clearance under the Paperwork On July 10, 1995, the Secretary Officer listed. Comments regarding this Reduction Act of 1980, Public Law 96– information collection should be determined that toluenediamine should 11. Copies of the submission(s) may be be added to the list of taxable addressed to the OMB reviewer listed obtained by calling the OTS Clearance and to the OTS Clearance Officer, Office substances in section 4672(a)(3), Officer listed. Comments regarding this effective October 1, 1995. of Thrift Supervision, 1700 G Street, information collection should be NW., Washington, DC 20552. The rate of tax prescribed for addressed to the OMB reviewer listed OMB Number: New. toluenediamine, under section and to the OTS Clearance Officer, Office 4671(b)(3), is $5.59 per ton. This is of Thrift Supervision, 1700 G Street, Form Number: OTS Form 1603. based upon a conversion factor for NW., Washington, DC 20552. Type of Review: Approval of Existing toluene of 0.78, a conversion factor for OMB Number: 1550–0003. Collection. methane of 0.26, and a conversion factor Form Number: OTS Form 1601 Title: Measure Survey—Examination for ammonia of 0.34. (formerly OTS Form 366). Process. The petitioner is Air Products and Type of Review: Revision of a Description: This information Chemicals, Inc., a manufacturer and Currently Approved Collection. collection is to obtain feedback on the exporter of this substance. No material Title: Suspicious Activity Report. examination process as part of the goals comments were received on this Description: Information must be of the National Performance Review petition. The following information is reported to the OTS, Department of with respect to improving customer the basis for the determination. Justice, Department of Treasury and service. HTS number: 2921.51.10 other Federal agencies whenever a Respondents: Savings and Loan CAS number: 95–80–7, 823–40–5, 2687– crime is committed at an OTS-regulated Associations, Savings Banks. 25–4, and 496–72–0 thrift. The information is used to Estimated Number of Respondents: Toluenediamine is derived from the determine if further investigation is 2,724. taxable chemicals toluene, methane, and warranted. Based on the investigation, a Estimated Burden Hours Per ammonia and is a solid produced criminal, civil, or administrative action Respondent: .25 Hrs. Avg. predominantly by a two-step process. may be initiated. Frequency of Response: Once per The first step is mixed-acid nitration of Respondents: Savings and Loan examination. toluene to produce dinitrotoluene. The Associations, Savings Banks. Estimated Total Reporting Burden: second step is the catalytic reaction of Estimated Number of Respondents/ 681 Hrs. hydrogen and dinitrotoluene to produce Recordkeepers: 1,232. Clearance Officer: Colleen M. Devine, toluenediamine. Estimated Burden Hours Per (202) 906–6025, Office of Thrift The stoichiometric material Respondent/Recordkeeper: 2 Hrs. Avg. Supervision, 1700 Street, N. W., consumption formula for this substance Frequency of Response: 2.25 Avg. Washington, D.C. 20552. Annually. is: OMB Reviewer: Milo Sunderhauf, Estimated Total Recordkeeping C7H8 toluene+1.5 CH4 (methane)+ 2NH3 (202) 395–7340, Office of Management (ammonia)+4 O2 (oxygen) ‰ CH3C6H3 (NH2)2 Burden: 3,234 Hrs. and Budget, Room 10226, New (toluenediamine)+5H2O) (water)+1.5 CO2 Clearance Officer: Colleen M. Devine, (carbon dioxide) (202) 906–6025, Office of Thrift Executive Office Building, Washington, Toluenediamine has been determined Supervision, 1700 G Street, NW., DC 20503. to be a taxable substance because a Washington, DC 20552. Cora Prifold Beebe, review of its stoichiometric material OMB Reviewer: Milo Sunderhauf, Director of Administration. consumption formula shows that, based (202) 395–7340, Office of Management [FR Doc. 95–17421 Filed 7–14–95; 8:45 am] on the predominant method of and Budget, Room 10226, New BILLING CODE 6720±01±P 36461 Sunshine Act Meetings Federal Register Vol. 60, No. 136 Monday, July 17, 1995 This section of the FEDERAL REGISTER FURTHER INFORMATION: For further b. Third Quarter Financial Performance of contains notices of meetings published under information, contact Barbara Lane, FCA. the ``Government in the Sunshine Act'' (Pub. Room 1112, 811 Vermont Avenue, N.W., c. Exam Schedule and Funding Report. L. 94-409) 5 U.S.C. 552b(e)(3). Washington, D.C. 20571, (202) 565– C. New Business 3957. 1. Regulations Fred H. Massy, Jr., EXPORT-IMPORT BANK OF THE UNITED a. Eligibility and Scope of Financing [12 STATES Associate General Counsel. CFR part 613] (Proposed Rule). [FR Doc. 95–17576 Filed 7–13–95; 8:45 am] Dated: July 12, 1995. Notice of Open Special Meeting of the BILLING CODE 6690±01±M Floyd Fithian, Board of Directors of the Export-Import Bank of the United States Secretary, Farm Credit Administration Board. FARM CREDIT ADMINISTRATION [FR Doc. 95–17566 Filed 7–13–95; 12:07 pm] TIME AND PLACE: Thursday, August 3, BILLING CODE 6705±01±p Farm Credit Administration Board; 1995, at 9:30 a.m. The meeting will be Special Meeting held at Eximbank in Room 1141, 811 Vermont Avenue, N.W., Washington, SUMMARY: Notice is hereby given, UNIFORMED SERVICES UNIVERSITY OF THE D.C. 20571. pursuant to the Government in the HEALTH SCIENCES Sunshine Act (5 U.S.C. 552b(e)(3)), of Meeting Notice AGENDA: Reinventing Ex-Im Bank’s the special meeting of the Farm Credit Financing Indications and Administration Board (Board). TIME AND DATE: 9:00 a.m., August 7, Commitments. DATE AND TIME: The special meeting of 1995. PUBLIC PARTICIPATION: The meeting will the Board will be held at the offices of PLACE: Uniformed Services University be open to public observation. In order the Farm Credit Administration in of the Health Sciences, Room D3001, to permit the Export-Import Bank to McLean, Virginia, on July 19, 1995, from 4301 Jones Bridge Road, Bethesda, MD arrange suitable accommodations, 2:00 p.m. until such time as the Board 20814–4799. members of the public who plan to concludes its business. STATUS: attend the meeting should notify FOR FURTHER INFORMATION CONTACT: Open—under ‘‘Government in Barbara Lane, Room 1112, 811 Vermont Floyd Fithian, Secretary to the Farm the Sunshine Act’’ (5 U.S.C. 552b(e)(3)). Avenue, N.W., Washington, D.C. 20571, Credit Administration Board, (703) 883– MATTERS TO BE CONSIDERED: (202) 565–3957, not later than 4025, TDD (703) 883–4444. 1:00 p.m. Meeting—Board of Regents Wednesday, August 2, 1995. If any ADDRESS: Farm Credit Administration, person wishes auxiliary aids (such as a 1501 Farm Credit Drive, McLean, (1) Approval of Minutes—May 19, 1995; (2) sign language interpreter) or other Virginia 22102–5090. Faculty Matters; (3) Departmental Reports; (4) Financial Report; (5) Report—President, special accommodations, please contact, SUPPLEMENTARY INFORMATION: This USUHS; (6) Report—Dean, School of prior to Friday, July 28, 1995, Barbara meeting of the Board will be open to the Medicine; (7) Comments—Chairman, Board Lane, Room 1112, 811 Vermont Avenue, public (limited space available). In order of Regents. N.W., Washington, DC 20571, Voice: to increase the accessibility to Board New Business (202) 565–3957 or TDD: (202) 535–3377. meetings, persons requiring assistance should make arrangements in advance. CONTACT PERSON FOR MORE INFORMATION: MATERIAL WILL BE AVAILABLE ON JULY 24, The matters to be considered at the Bobby D. Anderson, Executive Secretary 1995: If any person would like to get the meeting are: of the Board of Regents, 301/295–3116. material in advance of the Open Special Board Meeting, contact Barbara Lane, Open Session Dated: July 13, 1995. Linda Bynum, Room 1112, 811 Vermont Avenue, NW., A. Approval of Minutes Washington, DC, (202) 565–3957. If you OSD Federal Register Liaison Officer, would like the material faxed or mailed, B. Reports Department of Defense. leave your fax number or address on 1. COO’s Third Quarter FY 1995 Report [FR Doc. 95–17644 Filed 7–13–95; 3:20 pm] voice mail. a. Client Server Update. BILLING CODE 5000±04±M 36462 Corrections Federal Register Vol. 60, No. 136 Monday, July 17, 1995 This section of the FEDERAL REGISTER eighth line, ‘‘35–year’’ should read ‘‘5– Correction contains editorial corrections of previously year’’. published Presidential, Rule, Proposed Rule, 4. On page 20208, in the 2d column, In notice document 95–8295 and Notice documents. These corrections are in the 3d paragraph, in the 10th line, beginning on page 17322, in the issue of prepared by the Office of the Federal ‘‘and’’ should read ‘‘a’’. Wednesday, April 5, 1995, make the Register. Agency prepared corrections are 5. On page 20209, in the first column, following correction: issued as signed documents and appear in in the second paragraph, in the seventh the appropriate document categories On page 17323, in the table, under the elsewhere in the issue. line, ‘‘field’’ should read ‘‘filed’’. heading Twelve-month restraint limit 1, 6. On page 20210, in the second the fifth line ‘‘3,513,522 square meters.’’ column, in the seventh paragraph, in the should read ‘‘3,513,552 square meters.’’. nineth and tenth lines, ‘‘35 U.S.C. DEPARTMENT OF COMMERCE 11(b)(8).’’ should read ‘‘35 U.S.C. BILLING CODE 1505±01±D 111(b)(8).’’ Patent and Trademark Office 7. On page 20214, in the first column, in the first paragraph, in the fourth line, DEPARTMENT OF TRANSPORTATION 37 CFR Parts 1 and 3 ‘‘by’’ should read ‘‘be’’. [Docket No. 950404087±5087±01] 8. On page 20217, in the third Federal Aviation Administration column, in the eighth paragraph, in the RIN 0651±AA76 seventh line, ‘‘time’’ should read 14 CFR Part 71 Changes to Implement 20±Year Patent ‘‘term’’. Term and Provisional Applications BILLING CODE 1505±01±D [Airspace Docket No. 95-AGL-6] Correction Proposed Modification of Class E In rule document 95–9838 beginning COMMITTEE FOR THE Airspace; Mount Vernon, IL IMPLEMENTATION OF TEXTILE on page 20195 in the issue of Tuesday, Correction April 25, 1995, make the following AGREEMENTS corrections: In proposed rule document 95–14173 1. On page 20197, in the first column, beginning on page 30478 in the issue of in the fifth paragraph, in the fourth line, Announcement of Import Restraint Friday, June 9, 1995, make the following insert ‘‘Official’’ after ‘‘Office’’. Limits for Certain Cotton, Wool, Man- corrections: 2. On page 20199, in the third Made Fiber, Silk Blend and Other On page 30478, in the second column, column, in the first paragraph, in the Vegetable Fiber Textiles and Textile in the 12th line from the bottom, first line, ‘‘Section 1.136’’ should read Products Produced or Manufactured in ‘‘Comments’’ should read ‘‘Section 1.316’’. Hong Kong 3. On page 20207, in the third ‘‘Commenters’’. column, in the fourth paragraph, in the March 30, 1995 BILLING CODE 1505±01±D federal register July 17,1995 Monday Public ReviewandComment;Notice Public Hearing,andOpportunitiesfor and TransmissionRateAdjustment, 1996 ProposedWholesalePowerRate Bonneville PowerAdministration Energy Department of Part II 36463 36464 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices DEPARTMENT OF ENERGY Court, Suite 500; 707 Main; Spokane, Comment Regarding Proposed WA 99201 (509–353–2518). Comparable Transmission Terms and Bonneville Power Administration Ms. Ruth Bennett; Manager, SW Sales Conditions, 60 FR 8511 (1995). and Customer Service District; 703 BPA’s rate proceedings for 1995 and 1996 Proposed Wholesale Power Rate Broadway; Vancouver, WA 98660 1996, and the terms and conditions and Transmission Rate Adjustment, (360–418–8600). proceeding, began with a Prehearing Public Hearing, and Opportunities for Ms. Marg Nelson; Manager, NW Sales Conference on February 13, 1995. The Public Review and Comment and Customer Service District; 1601 proceedings, originally in two dockets, 5th Avenue, Suite 1000; Seattle, WA AGENCY: WP–95/TR–95 (wholesale power and Bonneville Power 98101–1670 (206–216–4272). Administration (BPA), DOE. transmission rates) and TC–95 Responsible Official: Mr. Geoff (transmission services terms and ACTION: Notice of proposed wholesale Moorman, Manager for Pricing, conditions), subsequently were power rates and transmission rates. Marginal Cost and Ratemaking, is the separated into three different dockets as official responsible for the development SUMMARY: BPA File No: WP–96 and TR– described below. 96. BPA requests that all comments and of BPA’s rates. At the direction of the Hearing documents intended to become part of SUPPLEMENTARY INFORMATION: Officers at the February 13, 1995, prehearing conference, an additional the Official Record in this process Table of Contents contain the file number designation prehearing conference was scheduled WP–96/TR–96. I. Introduction and Procedural Background for March 15, 1995, and additional time II. Purpose and Scope of Hearing The Pacific Northwest Electric Power was allowed for petitions to intervene. III. Public Participation A Federal Register Notice for Planning and Conservation Act IV. Major Studies (Northwest Power Act) provides that V. Wholesale Power Rate Schedules and Additional Prehearing/Settlement BPA must establish and periodically Transmission Rate Schedules Conference for March 15, 1995, 60 FR review its rates so that they are adequate A. Introduction 11962 (1995), was published on March to recover, in accordance with sound B. Summary of Rate Schedules 3, 1995. business principles, the costs associated C. Wholesale Power Rate Schedules On February 14, 1995, BPA published D. Transmission Rate Schedules with the acquisition, conservation, and a preliminary rate proposal in the E. General Rate Schedule Provisions Federal Register, 60 FR 8496. In that transmission of electric power, and to (GRSPs) recover the Federal investment in the proposal, BPA noted that competitive Federal Columbia River Power System I. Introduction and Procedural forces are causing a fundamental and (FCRPS) and other costs incurred by Background significant change in the Pacific BPA. Section 7(i) of the Northwest Power Northwest wholesale power market. In By this notice, BPA announces its Act, 16 U.S.C. 839e(i), requires that light of these competitive forces, BPA proposed 1996 wholesale power rates BPA’s wholesale power and determined that its initial proposal and transmission rates to be effective on transmission rates be established should include a 5-year rate as well as October 1, 1996, including new 2- and according to certain procedures. These a 2-year rate. BPA anticipated that the 5-year rates. BPA also will publish a procedures include, among other things, work necessary to develop such a separate notice in the Federal Register issuance of a Federal Register notice proposal would take until July 1995. of its new transmission services terms announcing the proposed rates; one or At the March 15, 1995, prehearing and conditions. more hearings; the opportunity to conference, the parties notified the DATES: Written comments by submit written views, supporting hearing officers that they had been participants relating to WP–96/TR–96 information, questions, and arguments; involved in negotiations for a settlement must be received by October 2, 1995, to and a decision by the Administrator of issues that might affect the hearing be considered in the Draft Record of based on the record. As noted above, schedule and requested additional time Decision (ROD). this rate proceeding to adjust wholesale to complete the negotiations. The power rates has been combined with the Hearing Officers acted on petitions to ADDRESSES: Written comments should proceeding for BPA’s proposal to adjust intervene received to that date and set be submitted to the Manager, Corporate transmission rates. This proceeding is a scheduling conference for March 22, Communications—CK; Bonneville governed by BPA’s rule for general rate 1995. Power Administration; P.O. Box 12999; proceedings, § 1010.9 of BPA’s On March 17, 1995, most parties to Portland, Oregon, 97212. Procedures Governing Bonneville Power the rate case signed a Settlement FOR FURTHER INFORMATION CONTACT: Mr. Administration Rate Hearings, 51 FR Agreement agreeing that BPA would Michael Hansen, Public Involvement 7611 (1986) (hereinafter Procedures). propose to surcharge BPA’s current rates and Information Specialist, at the These Procedures implement the for a 1-year period, October 1, 1995, address listed immediately above, (503) statutory section 7(i) requirements. through September 30, 1996, and to 230–4328 or call toll-free 1–800–622– Section 1010.7 of the Procedures extend the Variable Industrial Power 4519. Information also may be obtained prohibits ex parte communications. (VI) rate which was scheduled to expire from: On December 28, 1994, BPA on June 30, 1996, through September 30, Mr. Steve Hickok; Group Vice President, published a Notice of Intent to Revise 1996. The parties also agreed to conduct Sales and Customer Service, S–700; Transmission Rates, 59 FR 66946 (1994), a separate subsequent process to P.O. Box 3621; Portland, OR 97232 and Notice of Intent to Revise Wholesale establish a 2-year and a 5-year rate (503–230–5356). Power Rates, 59 FR 66947 (1994). proposal, and a proposal for Mr. George Eskridge; Manager, SE Sales Subsequently, BPA published Federal transmission services terms and and Customer Service District; 1101 Register Notices of Proposed Wholesale conditions. The Settlement Agreement W. River, Suite 250; Boise, ID 83702 Power Rate Adjustment, 60 FR 8496 was an attempt to balance a number of (208–334–9137). (1995), Proposed Transmission Rate interests, including concerns expressed Mr. Ken Hustad; Manager, NE Sales and Adjustment, 60 FR 8505 (1995), and by customer representatives to BPA’s Customer Service District; Crescent Hearing and Opportunity for Public Power Sale Contract renegotiations. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36465 In separate orders issued March 22, transmission services terms and of a range of rate design alternatives for 1995, the Hearing Officers: (1) Adopted conditions. BPA’s power and transmission services, a service list for BPA’s 1995 Wholesale C. The 1996 Transmission Services and an analysis of the environmental Power and Transmission Rate Terms and Conditions Proceeding is impacts of the rate levels resulting from Adjustment Proceeding, 1996 Wholesale designated TC–96, and will be the rates for such services under the Power and Transmission Rate conducted pursuant to Section 1010.9 of business structure alternatives. BPA’s Adjustment Proceeding, and 1996 the Procedures concurrently with WP– initial rate proposal falls within the Transmission Terms and Conditions 96/TR–96. The terms and conditions range of alternatives evaluated in the Proceeding; and (2) ruled on other proceeding will be on the same Final Business Plan EIS. Comments on procedural matters concerning these schedule as the 1996 Wholesale Power the Business Plan EIS were received proceedings. Copies of all orders, and Transmission Rates proceedings. outside the formal rate hearing process, including the Order Establishing BPA will file its 1996 initial rate but will be included in the rate case Schedules, may be obtained by proposal on July 10, 1995, and will record and considered by the contacting: Francis (Jamie) Troy, publish its final ROD on April 30, 1996. Administrator in making a final Hearing Clerk—LQ, Bonneville Power The schedule established for WP/TR–96 decision establishing BPA’s 1996 rates. Administration, 905 NE. 11th Ave., P.O. provides an opportunity for interested The Business Plan EIS was completed in Box 12999, Portland, Oregon 97212, persons to review BPA’s proposed rates, June 1995, and the Business Plan (503) 230–4201. to participate in the rate hearing, and to elaborating BPA’s strategic action plans, In addition, the Hearing Officers ruled submit oral and written comments. will be released in the summer of 1995. that intervenors who intervened in the Consideration of comments may result BPA’s spending levels are developed dockets designated WP–95/TR–95 and in a final rate proposal differing from as a part of its Business Plan, which TC–95 on or before March 15, 1995, the rates proposed in this notice. includes a public comment process. were admitted as parties for all II. Purpose and Scope of Hearing They also are determined as a part of the proceedings noted below. Federal budget process. Consistent with BPA is planning significant changes the Draft Business Plan, the As a result of the March 22, 1995, in the design of its power rates. BPA is scheduling conference, the Hearing Administrator formally announced proposing to offer a 2-year and a 5-year spending levels for Fiscal Years (FYs) Officers issued an Order (the March 22 power rate for requirements service. To order) that divided the proceedings 1996–2001 to the public on January 12, address the increasingly competitive 1995. Since that time, BPA made the previously designated as WP–95, TR– market for power and energy services, decision to reduce those spending levels 95, and TC–95 into three separate BPA is proposing to offer a menu of by an average of $250 million per year dockets as follows: unbundled (or separately priced) for FYs 1996–2000. BPA currently is A. The 1995 Wholesale Power and products in the 1996 rate case. BPA engaged in a budget process which will Transmission Rate Proceeding is expects that most of the products culminate in decisions on where these designated WP–95/TR–95, and is a 90- offered will be available both under reductions will occur. BPA will day expedited rate proceeding current power sales contracts and under continue to refine its strategic business conducted pursuant to Section 1010.10 new power sales contracts. BPA expects objectives, goals, and spending levels, of the Procedures. The proceeding began to offer additional unbundled products and inform the public accordingly, as on May 1, 1995, when BPA issued its in future rate cases and to price these part of its Business Plan development initial rate proposal and published it in products to meet market conditions and process. Therefore, except for the the Federal Register, 60 FR 21132 BPA’s cost recovery obligations. In some limited exceptions hereafter noted, (1995), and is scheduled to conclude on cases, BPA expects the market will spending level decisions will not be July 31, 1995, when BPA releases its require flexible pricing. BPA is planning addressed in this rate case. Record of Decision (ROD). The to ‘‘unbundle’’ what it offers so Pursuant to Section 1010.3(f) of the proceeding proposes to extend current customers can choose among products Procedures, the Administrator directs rates, including an extended VI rate, and services based on what they need to the Hearing Officer to exclude from the with a 4 percent surcharge, and meet their loads and support their own record any material attempted to be establish the Southern Intertie Annual resources, if any. The services and submitted or arguments attempted to be Cost rate and the Pacific Northwest products that customers may select to made in the hearing which in any way Coordination Agreement (PNCA) rate. complement either firm requirements seek to visit the appropriateness or B. The 1996 Wholesale Power service provided by BPA, or power reasonableness of BPA’s decisions on Proceeding is designated WP–96 and the acquired from other sources, will be spending levels, as included in BPA’s Transmission Rate Proceeding is priced separately. cost evaluation period of FY 1996 designated TR–96, and both will be BPA has assessed the potential through FY 2001 and its test period general rate proceedings conducted environmental effects of its rate revenue requirement for FYs 1997 pursuant to Section 1010.9 of the proposal, as required by the National through 2001. If, and to the extent, any Procedures. The March 22 Order Environmental Policy Act (NEPA), as re-examination of spending levels is established a hearing schedule part of the Business Plan Environmental necessary, that re-examination will beginning July 10, 1995, to establish Impact Statement (EIS). The Draft occur outside of the rate case. BPA’s power and transmission rates for Business Plan EIS was circulated for BPA’s Revenue Requirement Study the period beginning October 1, 1996, review and comment in July 1994. As a will incorporate spending levels and and new transmission services terms result of comments received, BPA reflect BPA’s risk mitigation, capital and conditions. The schedules adopted prepared a Supplemental Draft Business funding, and other financial goals in the by the Hearing Officers for WP/TR–96 Plan EIS, which was circulated for rates. Excepted from this direction on and TC–96 afford the parties a hearing review and comment in February 1995. account of their variable nature, process that encompasses a period of 8 The Supplemental Draft Business Plan dependency on BPA’s rate case models, months for establishment of BPA’s new EIS evaluates several business structure or timing, are: (1) Forecasts of rate designs including new 2- and 5-year alternatives. The analysis includes an residential exchange benefits; (2) rates, and for establishment of evaluation of the environmental impacts forecasts of short-term purchase power 36466 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices costs; (3) provision in BPA’s revenue proposing that its full and partial The power rates that BPA is requirement for cash working capital or requirements customers will use these proposing in its 1996 rate case may be cash lag needs; (4) repayment matters new comparable transmission services as high as they can be before BPA such as interest rate forecasts, scheduled and associated rates for the transmission suffers significant sales loss. A critical amortization, depreciation, portion of their wholesale power issue in the 1996 rate case will be replacements, and interest expense; and purchases from BPA. BPA’s proposed whether BPA’s power rates for each (5) updates to forecasts by BPA for Energy Transmission rate schedule also customer class are at, above, or below which no other review forum has been will be used to price short-term firm and that sustainable revenue point. provided. nonfirm service under the Point-to-Point Misjudgment on that issue could result in significant sales loss by BPA. BPA Comparable Transmission Access Transmission Service Tariff. To the extent practicable, BPA is proposing a currently believes its proposed rates are In the Energy Policy Act of 1992, transmission construct under which the set at a level that will indeed meet Congress approved amendments to the transmission cost associated with market demand. Federal Power Act that allow FERC to purchasing power from BPA is the same If, however, customers reduce the order access to transmitting utilities’, as that associated with purchasing non- amount of purchases they make from including BPA’s, systems. As a result, Federal power. To this end, the BPA significantly below the sales that FERC has proposed standards for segmentation of BPA’s transmission BPA projected it would make when it providing comparable transmission system has been revised as described in set its rates, BPA runs a serious risk of access, including developing guidelines Section IV.C, below. In response to the revenue underrecovery. In previous for pricing such access. ‘‘Comparable’’ NOPR, BPA also will offer the Ancillary proceedings establishing rates, BPA has refers to FERC’s undue discrimination Products and Services and associated factored risk of sales loss into its analysis which is now focused on a rates necessary for the transmission of establishment of rates. Consequently, for determination of whether the power from resources to load on the the last 6 years BPA’s power rates have transmitting utility is offering third FCRTS. included an Interim Rate Adjustment parties access on the same or Clause or Cost Recovery Adjustment comparable terms and conditions, and Stranded Investment, Cost Recovery Clause (IRA) that would come into play at the same or comparable rates that the Options, and Process for Regional and increase BPA’s rates if they were utility uses for itself. On March 29, Discussion not recovering BPA’s costs. There were 1995, FERC issued a Notice of Proposed If BPA is to succeed in its power two primary reasons BPA’s rates Rulemaking, ‘‘Promoting Wholesale marketing objectives, its power must be included these clauses. First, BPA’s rate Competition Through Open Access marketable in both the short- and the directives require that the Administrator Non-discrimination Transmission long-run. While many factors influence establish rates based on BPA’s total Services by Public Utilities,’’ and the marketability of power, the single system costs and to assure repayment of Supplemental Notice of Proposed the U.S. Treasury over a reasonable most important factor is price: BPA’s Rulemaking, ‘‘Recovery of Stranded number of years. Second, market power will not be marketable if it is Costs by Public Utilities and conditions enabled BPA to include priced above market. BPA has Transmitting Utilities,’’ (NOPR). 70 these clauses in its power rates, i.e., succeeded in marketing its power over FERC 61,351 (1995). In that NOPR, BPA’s power rates were still viable after the past 50 years because, while priced FERC proposed to require all public consideration of the clauses. utilities subject to FERC jurisdiction to at cost, its power was priced at or below In its 1996 rate proposal, BPA has set file generic open access tariffs and to market. In fact, the impetus for the its net revenues for risk to factor in the take transmission service, including Northwest Power Act was the threat of possibility of load loss, and it has not ancillary services, for their own new an impending regional ‘‘civil war’’ of included an IRA or similar clause in its wholesale electric sales and purchases litigation among contenders for access power rates. The reason is that the under the open access tariffs. The NOPR to BPA’s low-cost Federal hydropower. wholesale power market currently also includes a supplemental proposed However, while BPA enjoyed a 400 demands certainty and stability in price. rule to permit the recovery of stranded percent price advantage in the early Power prices without those features, i.e., costs associated with requiring open 1980’s when the Northwest Power Act prices that are subject to change, will access tariffs. was passed, that price advantage now not be viable in the current power In a process concurrent with the 1996 has largely disappeared. market. rate case, BPA is proposing terms and As a consequence of these market If BPA experiences, or is faced with conditions of general applicability for considerations, BPA has cut its costs the possibility of sales loss, but cannot Network Integration and Point-to-Point dramatically and is proposing rates in increase its rates directly or transmission service that are modeled its 1996 rate case that are calculated to conditionally (such as through an IRA) on the tariffs included in the NOPR. meet market demand, while comporting to recover its costs, the issue arises of (For further information about the terms with statutory ratemaking requirements. what actions BPA should take to and conditions process, please contact At their most rudimentary level, rates prudently address the cost recovery Mr. Dennis Metcalf, Transmission Rates are a function of costs divided by sales. problem. From a rates perspective, BPA Manager, (503) 230–3410 or Mr. Michael Hence, assuming costs do not change, has an obligation to establish its rates— Hansen, Public Involvement and greater sales result in lower rates, and power and transmission rates Information Specialist, (503) 230–4328.) less sales mean higher rates. However, combined—to assure cost recovery, In conjunction with the proposed significantly higher rates also result in among other objectives. As discussed transmission services, this transmission less sales. The sales that BPA has below, that would suggest the rate proposal includes two new rate forecasted for purposes of setting its alternative of looking to transmission schedules (the Network Integration proposed 1996 rates is based on the rates to assure cost recovery. From a Transmission and Point-to-Point assumption that BPA’s power rates are broader perspective, the Northwest Transmission rates) that correspond to competitive and will thus achieve BPA’s Power Act charges the Administrator the new tariffs. In addition to being marketing objective to retain sales and with the responsibility of implementing available to wheeling customers, BPA is thereby stabilize rates and cost recovery. the Act in a sound and business-like Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36467 manner. That would suggest Apart from the possibility of some power rates, from all customers that consideration of not just rate sort of a negotiated phased load loss or have benefited from the power system, alternatives, but other alternatives as other contractual solution that avoids consistent with BPA’s statutory well, such as alternatives that might the cost recovery problem, BPA obligation. moderate sales loss in an amount that currently is considering two rate options The cost recovery surcharge would would not be significant to the degree of to deal with the cost recovery issue. recover the amount of costs that, while resulting in a BPA cost underrecovery. Each option is described below. The otherwise properly allocable to power BPA does not have a specific proposal descriptions are provided not as a BPA rates, cannot be recovered in a timely concerning this issue to make at this proposal, but rather to enhance fashion through power rates. The time for purposes of the 1996 wholesale understanding of the issues and the surcharge would be developed in a power and transmission rates expected discussion of them. manner that is equitable in relation to proceedings. This issue is of such In the first rate option, BPA would past power usage by BPA’s requirements critical importance to BPA’s cost designate a portion of its proposed power customers in the Pacific recovery, its various statutory missions, power rates as a charge to mitigate the Northwest, including residential its business relationship with its revenue exposure BPA faces from exchange power customers. Such customers, and its relationship with potential loss of sales to alternative equitability could be, but would not non-customers such as fish and wildlife suppliers. All customers would pay that necessarily be, achieved as follows: A interests, that BPA believes it would be amount whether they continued to first step would be to determine the intolerable if, without the benefit of purchase power from BPA or not. The average annual amount of Federal advance regional discussion, it were to charge would be collected from utility power purchased by each requirements make a formal rate case proposal and customers that leave BPA in whole or in power customer of BPA during the then limit dialogue on the issue by part, by terminating or by reducing their period 1980 to 1994 or some other taking comment only through the formal load on BPA through Section 12 of the relevant period. All customers’ annual process of the rate case. If the utility power sales contract, and from average purchases then would be appropriate solution to the problem Direct Service Industry (DSI) customers summed, and each customer’s turns out to be a rates solution, prudent that reduce or eliminate load on BPA for percentage share of the total would be business judgment dictates that BPA any reason under the DSI contracts. For determined. Each individual customer’s first should have engaged its customers example, the amount could be 2 mills of percentage then would be multiplied by and interested third parties in a a proposed 24 mill power rate—the the total amount of the cost recovery consensus-seeking dialogue on the assumption being that, if the customer surcharge amount (an amount that issue. The dialogue should be purchasing at 24 mills departs, BPA would vary with BPA load loss) to sufficiently long to consider and may only recover 22 mills, leaving 2 determine the customer’s surcharge evaluate parties’ opinions with a view to mills ‘‘stranded.’’ This stranded cost recovery responsibility. The adder to forging consensus, and short enough to component would be applied to the transmission rates could be designed to integrate the results of the discussions rates of all power customers, similar to assure that each customer directly or in the Administrator’s final a customer charge. If the customer indirectly pays the amount of its establishment of rates at the conclusion decides to depart, then the customer surcharge responsibility. of this rate case, if that is necessary. may avoid the 22 mill power rate but Under both options, the payment Consequently, BPA hereby advises would continue to pay the 2 mill could be indirect where the customer is interested parties that it is discussing customer charge on the transmission served only by another power supplier this cost recovery issue with its component of the departing customer’s that uses the FCRTS for any purpose. In customers and interested third parties power rates (if the customer continues that case, the power supplier would be throughout the region. Initial to purchase some part of its assessed the surcharge or customer discussions already have occurred in requirements from BPA) and wheeling charge by BPA, with the expectation the context of negotiations over new rates. BPA’ DSI customers may be that the power supplier would recover power sales contracts. Parties wishing to anticipated to argue that this option the cost from the former BPA power be advised of future public discussions runs counter to their contractual rights customer. Power suppliers falling into should contact BPA Corporate to take load off BPA on 1 year’s notice that category are hereby put on notice of Communications at the address listed in if they pay BPA ‘‘unrecoverable costs’’ the possibility that BPA may levy such Section I of this notice. BPA anticipates as defined through their contractual a charge. This notice is provided in the that discussions on rate options will relationship with BPA. event they wish to structure pricing conclude by the end of July or early The second rate option (the cost arrangement with the customer that August 1995. In the event the recovery surcharge option) takes a fully recovers, or pass through, BPA’s discussions result in a rate proposal by different approach. This option does not transmission charge. BPA, concluding discussions by the target recovery only from customers that beginning of August should enable BPA terminate their contracts or reduce their III. Public Participation to prepare and publish its rate proposal load, but rather would directly or The procedural history of this rate by October of 1995. The ensuing section conditionally impose a ‘‘cost recovery’’ proceeding is described in Section I, 7(i) process would be timed to conclude surcharge on the transmission or above. Petitions to intervene as parties so that the outcome could be integrated wheeling rates of all existing and former have been received and acted upon by into the rates finally established at the power customers regardless of their the Hearing Officers. conclusion of BPA’s 1996 wholesale then-current purchasing status. This BPA continues to conduct workshops power and transmission rate approach is premised on the fact that on subjects relevant to its ratemaking. proceedings. Consequently, pending BPA is obligated to recover all costs, not The purpose of the workshops is to resolution of this cost recovery issue, all just those that are ‘‘stranded’’ by identify, simplify, and reduce the transmission and wholesale power rates departing customers. The basis for the number of issues that might become part proposed at this time should be transmission surcharge in this option is of the 1996 rate case, and to reduce the considered subject to a possible cost that it is designed to recover costs that amount of discovery normally required recovery adjustment. otherwise cannot be recovered through during the formal rate proceedings. 36468 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Opportunity is provided for workshop Cavanaugh’s, Ballroom B, 200 North Parties should be aware, however, that participants to address the impacts of Main, Kalispell, Montana 59901 such meetings may be held on very BPA’s proposed 5-year rate, September 21, 1995 short notice, and they should be transmission issues, risk mitigation, and Red Lion GateWay, 3280 Gateway prepared to devote the necessary rate design issues. The workshops Drive, Springfield, Oregon 97477 resources to participate fully in every provide opportunity for informal public September 26, 1995 aspect of the rate proceeding. comment on issues prior to the formal Howard Johnson Plaza Hotel, IV. Major Studies hearing process. Whidbey-Camano Room, 3105 Pine, BPA’s procedures allow submission of Everett, Washington The studies that have been prepared comments, views, opinions, and September 27, 1995 to support the 1996 initial proposal will information from ‘‘participants,’’ who Cavanaugh’s, East 110 Fourth Avenue, be served on all parties of record and are defined in the Procedures as any Spokane, Washington 99202 will be available for examination on or person who may express views, but who September 28, 1995 about July 10, 1995, at BPA’s Public does not petition successfully to Pasco Red Lion, Design Room, 2525 Information Center, BPA Headquarters intervene as a party. Participants’ North 20th, Pasco, Washington Building, 1st Floor, 905 NE. 11th, written comments will be made part of 99301 Portland, Oregon. The studies and the official record of the case and The record will include, among other documents are: considered by the Administrator. The things, the transcripts of any hearings, A. Loads and Resources Study and participant category gives the public the any written material submitted by the Documentation opportunity to participate and have its parties and participants, documents B. Revenue Requirement Study and views considered without assuming the developed by BPA staff, BPA’s Documentation obligations incumbent upon ‘‘parties.’’ environmental analysis and comments C. Segmentation Study Participants are not entitled to accepted thereon, and other material D. Marginal Cost Analysis Study and participate in the prehearing conference, accepted into the record by the Hearing Documentation cross-examine parties’ witnesses, seek Officer. The Hearing Officer then will E. Wholesale Power Rate Development discovery, or serve or be served with review the record, will supplement it if Study and Documentation documents, and are not subject to the necessary, and will certify the record to F. Section 7(b)(2) Rate Test Study and same procedural requirements as the Administrator for a decision. Documentation parties. The Administrator will develop final G. Transmission Rate Design Study Written comments by participants rates based on the entire record, H. Wholesale Power and Transmission will be included in the Draft ROD if including the record certified by the Rate Schedules they are received by October 2, 1995. Hearing Officer, comments received To request any of the above This date follows the anticipated from participants, other material and documents by telephone, call BPA’s submission of BPA’s and all other information submitted to or developed document request line: (503) 230–3478 parties’ direct cases. Written views, by the Administrator, and any other or call toll-free 1–800–622–4520. Please supporting information, questions, and comments received during the rate request the document by its above-listed arguments should be submitted to BPA’s development process. The basis for the title. Also state whether you require the Manager of Corporate Communications final rates first will be expressed in the accompanying documentation (these at the address listed in Addresses Administrator’s Draft ROD. Parties will can be quite lengthy); otherwise, the Section of this notice. In addition, BPA have an opportunity to comment on the study alone will be provided. (For will hold several public field hearings Draft ROD as provided in BPA’s hearing example, ask for the ‘‘Revenue in the Pacific Northwest Region. procedures. The Administrator will Requirement Study and Public field hearings are an serve copies of the Final ROD on all Documentation.’’) opportunity for participants to have parties and will file the final wholesale their views included in the official power and transmission rates together A. Loads and Resources Study record. Participants may appear at the with the record with the Federal Energy BPA’s forecasts of regional loads by field hearings and present oral Regulatory Commission (FERC) for customer group are the basis from testimony. Written transcripts will be confirmation and approval. which public utility and DSI customer made at all of the field hearings. The Consideration of comments and more purchases from BPA (Federal system transcripts of these hearings will be part current data may result in the final rates firm loads) are projected. BPA also of the record upon which the differing from the rates proposed in this projects Federal transmission losses, Administrator makes final rate Notice. obligations to regional investor-owned decisions. Following are the tentative Because of the complexity of the utilities (IOUs) under their power sales dates and locations for the field issues in this rate case, in part contracts, and other inter- and hearings. All of the field hearings are occasioned by continuing contract intraregional contractual obligations. scheduled to begin at 7 p.m. negotiations between BPA and its BPA develops forecasts of regional Registration begins at 6:30 p.m. customers, as well as BPA’s non- and small-generating public utility Confirmation of these hearing dates and ‘‘reinvention’’ and Competitiveness (NSGPU) and generating public utility times will be made through mailings Project, BPA anticipates that it will need (GPU) loads using standard econometric and public advertising or by calling BPA to meet with customers and other techniques. Regional NSGPU and GPU Corporate Communications at the interested third parties during the rate loads are forecasted as a function of telephone number listed in Section I case on a very frequent, and possibly average retail electricity prices, weather- above. extended, basis. To comport with the related variables, and nonagricultural September 19, 1995 rate case procedural rule prohibiting ex employment. The regional load forecasts Best Western Burley Inn, 800 N. parte communications, BPA will then are adjusted to account for factors Overland Avenue, Burley, Idaho provide necessary notice of meetings such as effects from conservation 83318 involving rate case issues for programs and utility purchases from September 20, 1995 participation by all rate case parties. alternative (non-BPA) power suppliers Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36469 to derive a projection of NSGPU and the system. Separate generation and C. Segmentation Study GPU purchases from BPA. The IOU load transmission revenue requirements are BPA operates and maintains the forecast was produced by updating the developed in the Revenue Requirement FCRTS to provide transmission services economic assumptions from the 1991 Study. In compliance with a FERC order throughout the region. Because most joint BPA/Northwest Power Planning dated January 27, 1984, 26 FERC services do not require the use of the Council (NPPC) forecast. ¶ 61,096, the Revenue Requirement entire system, BPA has historically Forecasts of aluminum DSI purchases Study incorporates the results of segmented the FCRTS into nine from BPA are prepared by analyzing separate repayment studies for the segments, each providing a distinct type smelter production costs relative to generation and transmission of service. The nine segments are: aluminum prices, and by considering components of the FCRPS. The integrated network; Fringe; Pacific other factors affecting smelter loads, repayment studies for generation and Northwest-Pacific Southwest (Southern) including DSI purchases from transmission demonstrate the adequacy alternative (non-BPA) power suppliers. Intertie; Northern Intertie; Eastern Forecasted non-aluminum DSI of the projected revenues at proposed Intertie; generation integration; and purchases from BPA are prepared by rates to recover the Federal investment delivery segments for public agency, analyzing historical and technical plant in the FCRPS over the allowable DSI, and IOU customers. Although BPA information, forecasted market repayment period. The adequacy of is proposing different segmentation in conditions, and potential purchases projected revenues to recover test period its initial rate proposal, the from alternative power suppliers. revenue requirements and to meet Segmentation Study for the initial rate The ratemaking load/resource balance repayment period recovery of the proposal will maintain the historic represents BPA’s projected service to Federal investment is tested and segments. Re-segmentation of the firm loads during the test years under demonstrated separately for the revenue requirement for the initial 1930 water conditions. The ratemaking generation and transmission functions. proposal will be done as part of the load/resource balance is used in the Transmission Rate Design Study. The Revenue Requirement Study for The Segmentation Study categorizes calculation of the supply of surplus firm the 1996 Initial Rate Proposal is based power in the region and on the Federal the facilities of the FCRTS according to on cost and revenue estimates for FYs the types of services BPA provides on system during the test period. A related 1997–2001. The cost estimates include hydro regulation study incorporates the such facilities. This provides the basis an undistributed reduction averaging operation of thermal plants, exports and for segmenting the projected $250 million for each year. This reflects imports of power, projected resource transmission revenue requirements used acquisitions, and system constraints BPA’s decision to reduce revenue in BPA’s rate proposals. The results of such as ‘‘flow augmentation’’ for fish requirements to enable it to set rates at the Study include the historical mitigation. For this proposal, a 50-year a level which recovers its costs but also investment and the average of the last 3 hydro study was completed, which meets current market conditions years’ operations and maintenance includes assumptions regarding the flow (although specific program and/or expenses. In addition, the facilities of augmentation. The hydro study starts in organizational spending cuts have not the integrated network are divided August 1995. The 50-year study been finalized). This study also includes among distinct services for use in determines expected nonfirm energy planned net revenues to mitigate developing the Formula Power availability for the region based on 50 financial risk, to ensure that cash flows Transmission rate. This division of the years of streamflow data. are adequate to demonstrate timely FCRTS into segments provides the basis repayment of the Federal investment for the equitable allocation of B. Revenue Requirement Study including irrigation assistance, as well transmission costs between Federal and The BPA Project Act, the Flood as to finance a portion of BPA’s capital non-Federal customers based on their Control Act of 1944, the Transmission investments. BPA’s Revenue usage of the segments. System Act, and the Northwest Power Requirement Study reflects actual In this proceeding, BPA proposes to Act require BPA to set rates that are amortization and interest payments paid reclassify the BPA transmission projected to collect revenues sufficient through September 30, 1994. In facilities formerly classified as fringe to to recover the cost of acquiring, addition, it reflects all FCRPS the network segment to reflect the conserving, and transmitting the electric obligations incurred pursuant to the realignment of the transmission power that BPA markets, including Northwest Power Act, including business. In addition, the former IOU amortization of the Federal investment residential exchange program costs. Delivery segment is now included in the in the FCRPS over a reasonable period, network segment. The definition of and to recover BPA’s other costs and Also part of the Revenue Requirement Delivery facilities also has been revised. expenses. The Revenue Requirement Study is a risk analysis that evaluates BPA plans to reflect these changes to Study includes a demonstration of the impact that various economic and segmentation in the Segmentation Study whether current rates will produce generation resource capability in the supplemental rate proposal. enough revenues to recover all BPA conditions could have on BPA’s ability D. Marginal Cost Analysis costs and expenses, including BPA’s to make annual U.S. Treasury payments repayment requirements to the U.S. during the rate test period. The risk The Marginal Cost Analysis (MCA) Treasury. Revenue requirements are a analysis measures the financial risks estimates the marginal cost that BPA major factor in determining the overall surrounding the revenue and expense incurs to supply peak demand on heavy level of BPA’s proposed power and forecasts used to set rates. It also is used load hours, and energy on a seasonal, transmission rates. to determine the amount of cash daily, and hourly basis to meet The Transmission System Act and the required for risk that is needed to meet customers’ loads. The conditions and Northwest Power Act require that the target Treasury payment probability, terms under which BPA supplies energy transmission rates be based on an and is used to determine the Treasury necessitate that BPA take actions that equitable allocation of the costs of the payment probability resulting from impose a cost. The MCA measures the Federal transmission system between inclusion of cash for risk in the revenue costs that BPA incurs in taking actions Federal and non-Federal power using requirement. to provide energy under different terms. 36470 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices BPA proposes to measure the marginal and then adjusts these results to reflect allocated costs. BPA expects revenues to costs of actions it takes to: (1) Guarantee various rate design objectives and exceed costs of this power, resulting in availability of energy; (2) guarantee a statutory requirements. a credit to other customers. maximum rate of delivery of energy 1. Allocation of BPA’s Generation (demand); (3) provide energy at c. 7(c)(2) Adjustment Revenue Requirements guaranteed prices; and (4) actually The rates applicable to the DSIs are deliver energy. The results of the MCA BPA allocates the test year generation set according to the rate directives are used to develop wholesale power revenue requirements to customer contained in Section 7(c) of the rates that promote efficient development classes based on the use of specific Northwest Power Act. In 1987, BPA and operation of generation and services by each customer class and the adopted a methodology for setting the conservation resources. rate directives of the Northwest Power DSI rate known as the IP-PF (Industrial BPA proposes to measure marginal Act. Firm Power-Priority Firm Power) rate BPA is proposing to recognize three costs based on the conditions BPA faces link. The link is essentially a formula different categories of generation costs in the interconnected West Coast that quantifies the rate directives. The as part of its effort to unbundle wholesale power market. Estimated components of the formula are the marginal costs are based on the results generation services: peak demand, rights typical margin, a character of service from a model that was developed to to energy, and delivered energy. adjustment, a value of reserves credit, simulate future wholesale market Generation energy cost allocations and an inflation adjustment. The link transactions to aid in BPA’s long-term reflect the relative use of services and has been used to set rates since the 1987 power marketing and resource strategy resources needed to serve load. Costs rate case. However, it will expire with decisions—the Power Marketing recovered from the sales of peak the expiration of the current VI rate Decision Analysis Model (PMDAM). demand and rights to energy products contract on September 30, 1996, and PMDAM projects the marginal costs that are treated as a credit against BPA’s cannot be used to set rates in this rate BPA will face when taking actions to generation costs prior to allocating the proceeding. serve its Pacific Northwest customers, at generation revenue requirements. the least cost, under conditions of Therefore, BPA is recalculating the uncertainty. PMDAM uses information 2. Adjustments to Allocated Costs factors of the link. The first factor is the on the costs associated with acquiring The remaining steps in the rate design typical margin that BPA’s preference and operating resources to meet load in process use the allocated costs customers include in their retail conjunction with the costs associated developed in the Cost of Service industrial rates. The second factor is the with purchasing and/or selling power in Analysis (COSA) and modify them to: character of service adjustment that the West Coast bulk power market. (1) reflect BPA’s rate design objectives; accounts for the fact that a portion of the The MCA provides estimates of BPA’s (2) conform with contractual DSI load is not served as firm on a marginal costs of supplying peaking requirements; (3) reflect the results of planning basis. The third factor is the demand on heavy load hours, and other BPA studies and commitments credit that reflects the value of reserves energy at different times. These made in other public involvement provided to BPA by its restriction rights estimates provide the basis for processes under Section 7(i) of the on the DSI load. In this proposal an determining the generation component Northwest Power Act; and (4) conform inflation adjustment is not included of BPA’s demand charge. The estimates with requirements of applicable because its purpose in the current link also provide the basis for the seasonal legislation. BPA’s rate design objectives is to escalate the other factors to each and hourly time-differentiation of include recovery of BPA’s revenue rate case so they do not have to be energy charges, including the requirement, rate and revenue stability, recalculated. It is not necessary to identification of time-periods in which practicality, fairness, and efficiency. include an inflation adjustment because different rates may apply and Major rate design adjustments to the new values are being determined in this appropriate levels for rates in each time allocated COSA costs include the rate proceeding. period relative to the others. These time following: Using the factors described above, a periods consist of hours of the week DSI rate calculation is performed that when the marginal cost of power is high a. Excess Revenue Adjustment links it to the preference customer rate. and those when it is relatively low, as In the initial cost allocation, BPA The revenues from this linked DSI rate well as seasons of the year when allocates its entire test period revenue are less than the costs initially allocated different marginal costs prevail. The requirement to firm power loads on the to the DSIs. The difference is called the results of the analysis suggest that BPA’s basis of resources available under ‘‘7(c)(2) delta’’ and is allocated to other rates be different for six seasons. The critical water conditions. However, rates power customers. results also suggest that BPA’s energy are set assuming BPA recovers nonfirm rates be differentiated between heavy sales revenues equal to the expected The foregoing list of rate design and light load hours, which was not a value of revenues under 50 years of adjustments identifies some of the major feature of previous rate designs. The streamflows in the historical record. cost adjustments and is not intended to analysis does not include any Because no generation costs are be all-inclusive. As a final step in rate quantitative estimate of marginal costs allocated to nonfirm energy (NF) design, BPA develops seasonal and incurred on the transmission system. service, the generation portion of diurnally differentiated energy charges forecasted NF revenues are credited based on allocated costs and scaled E. Wholesale Power Rate Development against costs allocated to firm loads. based on the results of the MCA. The Study (WPRDS) final step in the WPRDS is to combine BPA is proposing substantial changes b. Surplus Firm Power Excess Revenue the revenues projected for energy, in the method used to develop its Adjustment capacity, rights to energy, and wholesale power rates. BPA’s wholesale BPA has sold and expects to continue transmission. These total revenues by power rate development is a two step to sell surplus power under long-term customer class are divided by the process. First, BPA allocates the test contracts. Expected revenues from the relevant billing determinants to period generation revenue requirements sale of such power are compared to calculate average rates. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36471 3. Changes in Rate Design c. The Composite Rate requirements preference customers, A composite rate is being proposed who, as a result of all of BPA’s rate A major change that BPA is proposing design changes, will see a rate increase is the introduction of separate 5-year for utility purchasers who choose to purchase their entire power greater than 9 percent. This phase-in duration rate schedules for PF, IP, and requirements from BPA at the composite adjustment is available only to NR rates. Other rate design changes rate under the PF–96.5 rate schedule. customers who choose to purchase all of include the elimination of an Interim Only customers whose forecasted their power from BPA at the 5-year rate, Rate Adjustment, changes to demand average annual energy loads during the and meet other eligibility requirements. charges, development of a composite 5-year purchase period are 25 average 4. Unbundled Products rate for some small customers, changes annual megawatts or less are eligible to to the Low Density Discount, purchase at this rate. The composite rate For service under both the 1981 and elimination of the Irrigation Discount, is a weighted average rate based on the 1996 power sales contracts, BPA is changes to the unauthorized increase relative cost of generation demand, proposing separate charges under the charge, changes to the NF contract rate, energy, load shaping and load PF, IP, and NR rate schedules for firm and development of a rate phase-in regulation. Customers will be billed for energy demand, load shaping, partial adjustment for full or metered transmission service for their Federal load shaping, and load regulation. Load requirements customers. power deliveries, assessed under the shaping allows BPA to meet customer appropriate transmission rate schedules. load variations from forecasts. Load a. 5-Year Rate regulation follows variations in the d. Low Density Discount customers’ loads on an instantaneous BPA is proposing to introduce a 5- basis. BPA is unbundling, i.e., year rate, available by subscription for BPA is proposing to change the separately pricing, many products, all purchasers under the PF, IP, and NR eligibility criteria and calculation of the generally available under two new rate rate schedules. The 5-year duration is Low Density Discount. In determining eligibility, the total electric energy schedules. available for power purchases, as well requirement now will include nonfirm as related unbundled products, to 5. Ancillary Services sales to firm retail and nonfirm loads. purchasers under both the current and The calculation proposes using a sliding BPA is proposing the Ancillary new power sales contracts. The longer- scale of percentage discounts based on Products and Services (APS) rate term rate is intended to provide both (1) the utility’s number of schedule for those services necessary to customers with price certainty for the customers per pole-mile and (2) the support the transmission of electric products needed to supply their entire utility’s ratio of total electric energy power from resources to load on the electricity portfolio. BPA will continue requirements to investment. Separate FCRTS. These services are: control area to offer a 2-year rate for products and discounts resulting from each of the two reserves for resources; control area services. The 5-year rate will have the ratios will be added to result in the reserves for interruptible purchases; same seasonal and diurnal shape as the utility’s total discount, which is capped scheduling and dispatch; load 2-year rate, and will be constant over at 7 percent. The proposed discount will regulation, and transmission losses. the 5-year period. In most cases, apply to total power purchases under 6. Firm Power Products and Services customers will be able to choose to both current and new power sales place a portion of their load on the 2- contracts, and will not apply to BPA also has developed the Firm year rate and a portion on the 5-year transmission-related charges. Power Products and Services (FPS) rate rate. Utilities serving New Large Single schedule. The FPS rate schedule will Loads (NLSLs) must elect to have their e. Unauthorized Increase for Power allow BPA to sell firm energy, capacity, NLSLs served at either the 2-year or the Sales or power using a variety of sources of 5-year rate. The 5-year rate will not be BPA proposes to change the supply, and will specify charges or available to utilities participating in the unauthorized increase charge to specifically authorize negotiated charges exchange under section 5(c) of the eliminate seasonal differentiation. This for various unbundled products. Firm Northwest Power Act. reflects treating the charge as a penalty power products and services to be rate, applicable to purchasers taking marketed by BPA under the FPS rate b. Power Demand Charges demand and energy in excess of their schedule are intended to be flexible so contractual entitlement, rather than a that BPA can respond to market BPA is proposing a number of conditions. changes to the demand charge. cost-based rate. This unauthorized Customers will be billed for increase charge will apply both to F. Section 7(b)(2) Rate Test Study current and new power sales contracts. transmission service for their Federal In addition, there is an unauthorized Section 7(b)(2) of the Northwest power deliveries, assessed under the deviation charge for partial Power Act directs BPA to assure that the appropriate transmission rate schedules. requirements purchases purchasing wholesale power rates effective after Further discussion of the proposed under the new power sales contract. July 1, 1985, to be charged its public transmission rates is in Section E, This rate is the same as the body, cooperative, and Federal agency below. There also will be a ‘‘generation’’ unauthorized increase charge. customers (the 7(b)(2) customers) for demand charge in the PF, IP, NR, and their general requirements for the rate FPS rate schedules. This charge will be f. Nonfirm Rate Schedule Contract Rate test period, plus the ensuing 4 years, are assessed to power purchases that occur BPA also is proposing to modify the no higher than the costs of power to during the same hour as the contract rate in the NF rate schedule. those customers would be for the same transmission system peak. BPA has The contract rate will be equal to the time period if specified assumptions are proposed to eliminate the Demand average cost of nonfirm energy. made. The effect of the rate test is to Ratchet included in previous rate cases. protect the 7(b)(2) customers’ wholesale It has not proved to be effective, and g. Rate Phase-in Adjustment firm power rates from certain costs with the other demand rate design BPA is proposing a rate phase-in resulting from provisions of the changes, is unnecessary. mitigation for full or metered Northwest Power Act. The rate test can 36472 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices result in a reallocation of costs from the new Network Integration (NT) rate and V. Wholesale Power Rate Schedules 7(b)(2) customers to other rate classes. Point-to-Point (PTP) rate. These rates and Transmission Rate Schedules The Section 7(b)(2) Rate Test Study also are available for transmission of A. Introduction describes the application and results of non-Federal power. BPA’s full the Section 7(b)(2) rate test requirements customers must take The rate schedules are divided into implementation methodology. transmission service at the NT rate; three sections. The first section (Section C below) contains the wholesale power The rate projections and the actual other BPA power customers may choose rate schedules. The second section rate test itself are performed using the NT or PTP rate. Consistent with the BPA’s Supply Pricing Model (SPM). The (Section D below) contains the power rates, 2-year and 5-year NT and SPM simulates BPA’s rate development transmission rate schedules. The third PTP rates have been developed. The 2- process, using load, resource, and cost section (Section E below) is the data consistent with that used in this year NT and PTP rate may be used by combined GRSPs for power and rate proposal. The SPM calculates two power customers only if they are not transmission rates. sets of wholesale power rates for BPA’s purchasing power under the 5-year The proposed wholesale power and preference customers: (1) a set of rates power rates. The remaining transmission rate schedules were for the test period and the ensuing 4 transmission rates are developed for a 2- prepared in accordance with BPA’s years, assuming that Section 7(b)(2) is year rate period only. statutory authority to develop rates, not in effect (program case rates); and As part of implementing the including the BPA Project Act of 1937, (2) a set for the same period considering transmission rate construct, the as amended, 16 U.S.C. 832 (1982); the the five assumptions listed in Section segmentation of BPA’s transmission Flood Control Act of 1944, 16 U.S.C. 825s (1982); the Federal Columbia River 7(b)(2) (7(b)(2) case rates). Certain costs system also is being revised: BPA Transmission System Act (Transmission specified in Section 7(g) of the transmission facilities formerly in the System Act), 16 U.S.C. 838 (1982); and Northwest Power Act (7(g) costs) are Fringe now are included in the Network subtracted from the program case rates. the Northwest Power Act, 16 U.S.C. 839 segment. Facilities at 34.5 kV and below The SPM then discounts each year’s (1982). rates to the test year of the relevant rate are classified now as Delivery; facilities The 1996 proposed wholesale power case, averages each set of discounted that are above 34.5 kV are segmented to and transmission rate schedules and the rates, and compares the two resulting the Network. Charges for Utility GRSPs associated with those rate averages rounded to the nearest tenth of Delivery and DSI Delivery are schedules will supersede BPA’s 1995 a mill. If the average of the discounted developed in the TRDS to apply to all rate schedules (which BPA proposes to program case rates, less the 7(g) costs, is power delivered over these facilities. become effective October 1, 1995) to the larger than the average discounted This new segmentation is performed in extent stated in the Availability section 7(b)(2) case rates, the rate test triggers. the TRDS for the initial rate proposal; of each 1996 rate schedule. BPA If the rate test triggers, the amount of the Segmentation Study should reflect proposes that its wholesale power and dollars to be reallocated in the test the new segmentation in the transmission rate schedules, including period (7(b)(2) amount) is calculated by supplemental proposal. the GRSPs associated with these rate multiplying the difference between the To calculate rates in the TRDS, the schedules, become effective upon interim approval or upon final discounted program case and 7(b)(2) segmented transmission revenue confirmation and approval by FERC. case rates by the general requirements requirements are allocated to Federal loads of the preference customers. The BPA currently anticipates that it will and non-Federal power forecasted to use 7(b)(2) amount, if any, is used as an request FERC approval of its revised the FCRTS. The factors for allocating adjustment to the allocated costs in the rates effective October 1, 1996. Network cost to loads are the billing rate case test period. B. Summary of Wholesale Power Rate The Section 7(b)(2) rate test triggers in determinants for the Network Schedules this proposal, causing costs to be transmission services. Prior to allocating reallocated in the test period. The Network cost, BPA identifies the cost WHOLESALE POWER RATE SCHEDULES Priority Firm rate applied to the general associated with transmission load requirements of the 7(b)(2) customers shaping, a feature of Network has been reduced by the 7(b)(2) amount Integration service, and removes it from PF±96 Priority Firm Power Rate. while all other rates, including the PF Network cost. After allocation, this NR±96 New Resource Firm Power rate applied to customers purchasing transmission load shaping cost is added Rate. under the Residential and Small Farm to the costs to be recovered from the NT IP±96 Industrial Firm Power Rate. VI±96 Variable Industrial Power Rate. Power Exchange program, have been rate. Southern Intertie and Northern NF±96 Nonfirm Energy Rate. increased by an allocation of the 7(b)(2) Intertie costs are allocated based on RP±96 Reserve Power Rate. amount. forecast energy use. PS±96 Power Shortage Rate. Rate charges based on the allocated FPS±96 Firm Power and Services Rate. G. Transmission Rate Design Study APS±96 Ancillary Products and Services (TRDS) costs are calculated, and individual rate Rate. For the first time, rates for Federal schedules are designed. In addition to and non-Federal use of the transmission the NT and PTP rates, all of BPA’s A summary of the proposed 1996 system are developed in the TRDS. traditional rates are calculated. BPA also Wholesale Power Rate Schedules is BPA’s construct in developing the is proposing the Advance Funding rate provided below. Each rate schedule proposed transmission rates is to make to allow BPA to recover the cost of includes sections specifying the transmission services available to power specified transmission facilities through customer class and the service available customers, wheeling customers, and its advance payment. Finally, BPA is under the rate schedule, the rates for the own power business at the same terms, proposing a Reservation Fee for products and services offered under the conditions, and rates. Transmission Capacity, and a Reactive schedule, the applicable billing factors, The transmission service required for Power Charge that takes the place of the applicable transmission rate schedules, BPA power sales is offered under the current Power Factor Adjustment. and other special provisions for rate Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36473 adjustments, such as any discounts or 1996. The proposed IP–96 rate Northwest for resale to consumers, penalties that apply to that rate schedules are available to BPA’s DSI direct consumption, and resale under schedule. customers for firm power to be used in Western Systems Power Pool their industrial operations. The agreements. The proposed NF–96 rate 1. Priority Firm Power Rate (PF–96.2 proposed IP rate consists of seasonally schedule includes four rate components: and PF–96.5) and diurnally differentiated energy a flexible Standard rate; a flexible The proposed PF–96.2 rate schedule charges, and charges for demand, load Market Expansion rate; a flexible would be available for a 2-year period shaping, load regulation, and Incremental rate; and a fixed Contract beginning October 1, 1996, and would transmission. Rate adjustments include rate. Adjustments include a Guaranteed replace the PF–95 rate schedule. The a Conservation Surcharge, Curtailment Delivery, Preschedule Charge, and proposed PF–96.5 rate schedule would Charge, Deviation Adjustment, First Reactive Power Charges. The NF Rate be available for a 5-year period Quartile Discount, Operating Reserves Cap continues to apply to all sales beginning October 1, 1996. Power is Credit, Preschedule Change Charge, under the proposed NF–96 rate available under the proposed PF–96 rate Reactive Power Charge, and schedule. The NF Rate Cap defines the schedule to public bodies, cooperatives, Unauthorized Increase. maximum nonfirm energy price for and Federal agencies. Utilities general application. The level of the NF 4. Variable Industrial Power Rate (VI– participating in the residential exchange Rate Cap is based on a formula tied to 96) under section 5(c) of the Northwest BPA’s Average System Cost and Power Act may purchase power only The proposed Variable Industrial California fuel costs. under PF–96.2. Priority Firm power Power (VI–96) rate schedule would must be used to meet firm loads within replace the VI–95 rate. The proposed 6. Reserve Power Rate (RP–96) the Pacific Northwest. The proposed PF VI–96 rate is available to BPA’s DSI The proposed Reserve Power (RP–96) rate consists of seasonally and diurnally customers who enter into a separate rate schedule replaces the RP–95 rate differentiated energy charges, and variable rate contract with BPA for schedule. The proposed RP rate is charges for demand, load shaping, load power to be used in their aluminum and available in cases where a purchaser’s regulation, and transmission. Rate nickel smelting operations. Purchasers power sales contract states that the rate adjustments include a Conservation under this rate schedule must first elect for Reserve Power shall be applied; Surcharge, Low Density Discount, service under the proposed IP rate when BPA determines no other rate Energy Return Surcharge, Deviation schedule for either the 2-year period or schedule is applicable; or to serve a Adjustment, Phase-In Mitigation, the 5-year period, both beginning purchaser’s firm power load when BPA Preschedule Change Charge, Reactive October 1, 1996. The variable rate will does not have a power sales contract in Power Charge, Transitional Service, be based on the IP rate under which the force with such a purchaser, and BPA Unauthorized Increase, and Industrial purchaser has elected service. The determines that this rate should be Exemption and Curtailment. demand charge for the variable rate will applied. The RP–96 rate consists of a be the same as in the applicable IP rate, demand charge, transmission charges, 2. New Resource Firm Power Rate (NR– but the monthly energy charge will vary and seasonally and diurnally 96.2 and NR–96.5) with the price of the metal used in the differentiated energy charges. The proposed NR–96.2 rate schedule purchaser’s smelting operation. Because Adjustments include a Reactive Power would be available for a 2-year period BPA plans to hedge the risk of Charge. beginning October 1, 1996, and would aluminum or nickel price fluctuations, replace the NR–95 rate schedule. The individualized variable rates will be 7. Power Shortage Rate (PS–96) proposed NR–96.5 rate schedule would designed at the time each purchaser The proposed Power Shortage (PS–96) be available for a 5-year period enters into a variable rate contract. The rate schedule is available for sales under beginning October 1, 1996. The contracts will be designed so that BPA the Share-the-Shortage agreement or proposed NR–96 rate schedules are will receive revenues, either from the when BPA arranges for purchased available to investor-owned utilities DSI or the hedging financial institution, energy at the request of a Northwest under net requirements contracts for equal to those that would be received customer. BPA is not obligated to make resale to consumers, and to publicly under the IP–96 rate schedule. The Shortage Power available or to broker owned utilities for New Large Single purchaser can choose to have an initial power under the proposed PS–96 rate Loads. The proposed NR rate consists of variable rate formula in effect for any schedule unless specified by contract. seasonally and diurnally differentiated period from 1 to 2 years under the 2- The proposed PS rate contains two rate energy charges, and charges for demand, year rate option or from 1 to 5 years components: a flexible Power Rate not load shaping, load regulation, and under the 5-year rate option. At the to exceed 100 mills/kWh; and a flexible transmission. Rate adjustments include expiration of the rate formula, a new Brokering Rate not to exceed 1 mill/ a Conservation Surcharge, Low Density one can be established based on then- kWh. Adjustments include the Energy Discount, Energy Return Surcharge, prevailing market conditions for Return Surcharge, Deviation Deviation Adjustment, Phase-In aluminum or nickel, or the purchaser Adjustment, and Reactive Power and Mitigation, Preschedule Change Charge, may purchase power under the Unauthorized Increase Charges. Reactive Power Charge, Transitional applicable IP rate. Rate adjustments 8. Firm Power and Services Rate (FPS– Service, and Unauthorized Increase. include a Preschedule Change Charge, 96) Reactive Power Charge, and 3. Industrial Firm Power Rate (IP–96.2 Unauthorized Increase. The proposed Firm Power Products and IP–96.5) and Services (FPS–96) rate schedule The proposed IP–96.2 rate schedule 5. Nonfirm Energy Rate (NF–96) will be available for the purchase of would be available for a 2-year period The proposed Nonfirm Energy (NF– Firm Power and certain unbundled beginning October 1, 1996, and would 96) rate schedule replaces the NF–95 products including supplemental replace the IP–95 rate. The proposed IP– rate. The proposed NF–96 rate schedule control area services, shaping and load 96.5 rate schedule would be available is available for purchases of nonfirm factoring services, and resource support for a 5-year period beginning October 1, energy inside and outside the Pacific services. Firm power products and 36474 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices services that may be marketed by BPA the ‘‘1981’’ contracts, although some are Section II.D Applies to Partial under the proposed FPS–96 rate actually dated ‘‘1984’’ or later), and Requirements customers who purchase schedule are intended to be priced so under contracts that may be effective on under a ‘‘1996’’ power sales contract. that BPA has the flexibility to provide or after October 1, 1996 (‘‘1996’’ Section II.E Applies to customers purchasers with customized products contracts). Customers that purchase who purchase under a Residential and services that are not available under under 1981 contracts may buy either Purchase and Sale Agreement (RPSA). other rate schedules. The proposed firm power or capacity without energy A. PF Rates for Metered Requirements FPS–96 rate contains fixed and under this rate schedule. Customers that Customers who Purchase Under a negotiable rates for Firm Power. The purchase under 1996 contracts may buy ‘‘1981’’ Power Sales Contract rates for products and services other only firm power. These and other than firm power may be negotiated products available under this rate Metered Requirements customers between BPA and the purchaser. The schedule are defined in BPA’s General purchasing power under a ‘‘1981’’ proposed FPS–96 rate schedule Rate Schedule Provisions (GRSPs). Rates power sales contract are required to buy supersedes the SP–93 and CE–95 rates. under contracts that contain charges Load Shaping, Load Regulation, and that escalate based on rates listed in this Network Integration Transmission 9. Ancillary Products and Services Rate rate schedule shall include applicable service at the Network Integration (NT) (APS–96) transmission charges. rate. The proposed Ancillary Products and This rate schedule is also available to 1. Priority Firm Power Services (APS–96) rate schedule will be utilities participating in the residential available for the ancillary services that and small farm exchange under section 1.1. Rates are necessary to support the firm or 5(c) of the Northwest Power Act 1.1.1 Demand Charge nonfirm delivery of power that uses pursuant to their Residential Purchase FCRTS facilities. The following and Sale Agreement. All Priority Firm Applicable months Rate ancillary services may be purchased Power made available to utilities under the proposed APS–96 rate: participating in the section 5(c) All months of the year ...... $0.56/kW-mo. control area reserves for resources; exchange shall be purchased under control area reserves for interruptible Section E of this rate schedule. 1.1.2. Energy Charge purchases; load regulation; transmission This rate schedule supersedes losses; and scheduling and dispatch. Applicable months HLH LLH The proposed APS–96 rate also will be Schedule PF–95, which went into effect rate rate available for ancillary services of a on October 1, 1995. Sales under the PF– similar nature that FERC may order BPA 96.2 rate schedule are subject to BPA’s September±December ...... 22.20 19.64 January±March ...... 23.02 20.28 to provide pursuant to sections 211 and General Rate Schedule Provisions. For sales under this rate schedule, bills shall April ...... 20.65 19.46 212 of the Federal Power Act (16 U.S.C. May±June ...... 13.61 10.78 824j and 824k). be rendered and payments due pursuant to BPA’s Billing Procedures. July ...... 15.90 12.79 C. Wholesale Power Rate Schedules August ...... 20.10 16.63 Section II. Rates, Billing Factors, and These schedules and GRSPs shall be Adjustments for each PF product 1.2. Billing Factors applicable to BPA’s power sales contracts, as appropriate, including For each customer designation, the 1.2.1. Billing Demand contracts executed both prior to and rate(s) for each product along with the For purchasers of 2-year power only. subsequent to enactment of the associated billing factor(s) are identified Purchaser’s Measured Demand that Northwest Power Act. In addition, as in separate sections of the rate schedule. occurs during the hour of the Monthly stated in the availability section of each The rates for each customer designation Transmission Peak Load. schedule, certain of the rates will be are identical except for Section E; the For purchasers of a combination of 2- effective for extended periods of time. billing factors, however, vary according year and 5-year power. to the customer designation. Applicable The GRSPs are an integral part of each Purchaser’s Measured Demand that adjustments and special rate provisions rate schedule. occurs during the hour of the Monthly are listed for each customer designation. Transmission Peak Load minus the Schedule PF–96.2 Network Integration transmission Purchaser’s 5-year Billing Demand. Priority Firm Power service at the Network Integration (NT) rate or Point-to-Point transmission 1.2.2. HLH Billing Energy Section I. Availability service at the Point-to-Point (PTP) rate For purchasers of 2-year power only. This schedule is available for the is required for purchases under this rate Purchaser’s HLH Measured Energy. contract purchase of firm power or schedule. capacity to be used within the Pacific For purchasers of a combination of 2- This rate schedule contains five year and 5-year power. Northwest for a 2-year period, October subsections, corresponding to the 1, 1996, through September 30, 1998. Purchaser’s HLH Measured Energy customer categories to which this rate minus the Purchaser’s 5-year HLH Priority Firm Power may be purchased schedule applies: by public bodies, cooperatives, and Billing Energy. Section II.A Applies to Metered Federal agencies for resale to ultimate 1.2.3. LLH Billing Energy consumers for direct consumption. This Requirements customers who purchase schedule is available for all PF power under a ‘‘1981’’ power sales contract. For purchasers of 2-year power only. purchases not subscribed at the PF–96.5 Section II.B Applies to Full Purchaser’s LLH Measured Energy. rate. Requirements customers who purchase For purchasers of a combination of 2- Rates in this schedule are applicable under a ‘‘1996’’ power sales contract. year and 5-year power to purchases under requirements sales Section II.C Applies to Computed Purchaser’s LLH Measured Energy contracts effective on or before Requirements customers who purchase minus the Purchaser’s 5-year LLH September 30, 1996 (hereinafter termed under a ‘‘1981’’ power sales contract. Billing Energy. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36475 2. Full Load Shaping 1.1.2. Energy Charge Network Integration service under the 2.1. Rate Network Integration (NT) rate. HLH LLH 0.30 mills/kWh multiplied by the Applicable months rate rate 5. Adjustments, Charges, and Special Utility Factor. Rate Provisions 2.2. Billing Factor September±December ...... 22.20 19.64 January±March ...... 23.02 20.28 All adjustments are described in the For purchasers of 2-year power only. April ...... 20.65 19.46 GRSPs. The applicable sections are Purchaser’s total HLH and LLH May±June ...... 13.61 10.78 identified for each adjustment. Measured Energy. July ...... 15.90 12.79 For purchasers of a combination of 2- August ...... 20.10 16.63 5.1. Rate Adjustments year and 5-year power. There is no charge for load shaping 1.2. Billing Factors Rate adjustment Section under the PF–96.2 rate schedule. 1.2.1. Billing Demand 3. Load Regulation Conservation surcharge ...... II.A. For purchasers of 2-year power only. Deviation adjustment ...... II.D. 3.1. Rate Industrial exemption/curtailment .... II.H. 0.25 mills/kWh multiplied by the Purchaser’s Measured Demand that occurs during the hour of the Monthly Low density discount ...... II.I. Utility Factor. Reactive power charge ...... II.N. 3.2. Billing Factor Transmission Peak Load. For purchasers of 2-year power only. For purchasers of a combination of 2- Purchaser’s total HLH and LLH year and 5-year power. 5.2. Special Rate Provisions Measured Energy. Purchaser’s Measured Demand that For purchasers of a combination of 2- occurs during the hour of the Monthly Special rate provisions Section year and 5-year power. Transmission Peak Load minus the There is no charge for load regulation Purchaser’s 5-year Billing Demand. Cost contributions ...... II.B. under the PF–96.2 rate schedule. 1.2.2. HLH Billing Energy C. PF Rates for Computed Requirements 4. Transmission For purchasers of 2-year power only. Customers who Purchase Under a The transmission charge for deliveries Purchaser’s HLH Measured Energy. ‘‘1981’’ Power Sales Contract under this rate shall be the charge for For purchasers of a combination of 2- Network Integration service under the year and 5-year power. Actual Computed Requirements Network Integration (NT) rate. Purchaser’s HLH Measured Energy Purchasers purchasing power under a minus the Purchaser’s 5-year HLH ‘‘1981’’ power sales contract are 5. Adjustments, Charges, and Special Billing Energy. required to buy Load Shaping and Rate Provisions Network Integration Transmission 1.2.3. LLH Billing Energy All adjustments are described in the service at the Network Integration (NT) GRSPs. The applicable sections are For purchasers of 2-year power only. rate. Planned and Contracted Computed identified for each adjustment. Purchaser’s LLH Measured Energy. Requirements Purchasers are not For purchasers of a combination of 2- 5.1. Rate Adjustments allowed to buy Load Shaping. Load year and 5-year power. Regulation is required if the customer is Purchaser’s LLH Measured Energy Rate adjustment Section in BPA’s load control area, regardless of minus the Purchaser’s 5-year LLH whether the customer is purchasing on Conservation Surcharge ...... II.A. Billing Energy. the basis of actual, planned, or Low Density Discount ...... II.I. 2. Full Load Shaping contracted computed requirements. Reactive Power Charge ...... II.N. Planned and Contracted Computed Transitional Service ...... II.P. 2.1 Rate Requirements customers must elect 0.30 mills/kWh. either Network Integration Transmission 5.2. Special Rate Provisions 2.2 Billing Factor service at the Network Integration (NT) Special rate provisions Section rate or Point-to-Point Transmission For purchasers of 2-year power only. service at the Point-to-Point (PTP) rate. Purchaser’s Retail Load minus the Cost contributions ...... II.B. Purchaser’s Industrial Exemption, if 1. Priority Firm Power Utility factor ...... II.R. any. For purchasers of a combination of 2- 1.1. Rates B. PF Rates for Full Requirements year and 5-year power. 1.1.1. Demand Charge Customers who Purchase Under a There is no charge for load shaping ‘‘1996’’ Power Sales Contract under the PF–96.2 rate schedule. Applicable months Rate Full Requirements Purchasers 3. Load Regulation purchasing power under a ‘‘1996’’ All Months of the Year ...... $0.56/kW-mo. power sales contract are required to buy 3.1. Rate and Billing Factor Load Shaping, Load Regulation, and For purchasers of 2-year power only. 1.1.2. Energy Charge Network Integration Transmission 0.25 mills/kWh multiplied by service at the Network Integration (NT) Purchaser’s Retail Load. Applicable months HLH LLH rate. For purchasers of a combination of 2- rate rate 1. Priority Firm Power year and 5-year power. September±December ...... 22.20 19.64 There is no charge for load regulation 1.1. Rates January±March ...... 23.02 20.28 under the PF–96.2 rate schedule. April ...... 20.65 19.46 1.1.1. Demand Charge 4. Transmission May±June ...... 13.61 10.78 July ...... 15.90 12.79 Applicable months Rate The transmission charge for deliveries August ...... 20.10 16.63 under this rate shall be the charge for All Months of the Year ...... $0.56/kW-mo. 36476 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 1.2. Billing Factors Applicable months Rate D. PF Rates for Partial Requirements 1.2.1. Billing Demand Customers Who Purchase Under A April ...... 0.82/kW-mo. ‘‘1996’’ Power Sales Contract 1.2.1.1 With Load Shaping May±June ...... 1.17/kW-mo. July ...... 1.23/kW-mo. Partial Requirements customers For purchasers of 2-year power only. August ...... 1.31/kW-mo. purchasing power under a 1996 power Purchaser’s Measured Demand that sales contract may purchase Load occurs during the hour of the Monthly 2.2. Billing Factors Shaping. All customers in BPA’s load Transmission Peak Load. control area are required to buy Load For purchasers of a combination of 2- Purchaser’s Computed Peak Regulation, and customers outside of year and 5-year power Requirement associated with the BPA’s load control area may not buy Purchaser’s Measured Demand that purchase of Firm Capacity Without Load Regulation. Partial Requirements Energy. occurs during the hour of the Monthly customers must elect either Network Transmission Peak Load minus the 3. Full Load Shaping Integration Transmission service at the Purchaser’s 5-year Billing Demand. 3.1. Rate Network Integration (NT) rate or Point- 1.2.1.2 Without Load Shaping to-Point Transmission service at the 0.30 mills/kwh multiplied by the Point-to-Point (PTP) rate. For purchasers of 2-year power only. Utility Factor. Purchaser’s Computed Peak 1. Priority Firm Power 3.2. Billing Factor Requirement. 1.1. Rates For purchasers of a combination of 2- For purchasers of 2-year power only. year and 5-year power. Purchaser’s total HLH and LLH 1.1.1. Demand Charge Purchaser’s Computed Peak Billing Energy. Requirement minus the Purchaser’s 5- For purchasers of a combination of 2- Applicable months Rate year Billing Demand. year and 5-year power. There is no charge for load shaping All Months of the Year ...... $0.56/kW-mo. 1.2.2. Billing Energy under the PF–96.2 rate schedule. 1.2.2.1 For Purchasers of 2-Year Power 1.1.2. Energy Charge 4. Load Regulation Only 4.1. Rate HLH LLH For Energy Delivered September–March Applicable months rate Rate 0.25 mills/kWh multiplied by the The HLH Billing Energy is the Utility Factor. September±December .. 22.20 19.64 Purchaser’s HLH Measured Energy. January±March ...... 23.02 20.28 The LLH Billing Energy is: 4.2. Billing Factor April ...... 20.65 19.46 a. 76 percent of the Purchaser’s For purchasers of 2-year power only. May±June ...... 13.61 10.78 Measured Energy, plus 24 percent of the Purchaser’s total HLH and LLH July ...... 15.90 12.79 Purchaser’s Computed Energy Billing Energy. August ...... 20.10 16.63 Maximum, minus For purchasers of a combination of 2- b. The Purchaser’s HLH Measured year and 5-year power. 1.2. Billing Factors Energy. There is no charge for load regulation 1.2.1. Billing Demand under the PF–96.2 rate schedule. For Energy Delivered April–August 1.2.1.1 With Load Shaping 5. Transmission The HLH Billing Energy is the For purchasers of 2-year power only. Purchaser’s HLH Measured Energy. The transmission charge for deliveries Purchaser’s Measured Demand that The LLH Billing Energy is: under this rate shall be the charge for occurs during the hour of the Monthly a. 63 percent of the Purchaser’s Network Integration service under the Transmission Peak Load. Measured Energy, plus 37 percent of the Network Integration (NT) rate or the For purchasers of a combination of 2- Purchaser’s Computed Energy charge for Point-to-Point service under year and 5-year power. Maximum, minus the Point-to-Point (PTP) rate. Purchaser’s Measured Demand that b. The Purchaser’s HLH Measured occurs during the hour of the Monthly Energy. 6. Adjustments, Charges, and Special Rate Provisions Transmission Peak Load minus the Purchaser’s 5-year Billing Demand. 1.2.2.2 For Purchasers of a All adjustments are described in the Combination of 2-Year and 5-Year GRSPs. The applicable sections are 1.2.1.1 Without Load Shaping Power identified for each adjustment. Purchaser’s 2-year Demand The HLH Billing Energy is the 6.1. Rate Adjustments Subscription. Purchaser’s HLH Computed Energy 1.2.2. HLH Billing Energy Maximum minus the Purchaser’s 5-year Rate adjustment Section HLH Billing Energy. 1.2.2.1 With Load Shaping The LLH Billing Energy is the Conservation Surcharge ...... II.A. Purchaser’s LLH Computed Energy Energy Return Surcharge ...... II.F. For purchasers of 2-year power only. Maximum minus the Purchaser’s 5-year Low Density Discount ...... II.I. Purchaser’s HLH Measured Energy. LLH Billing Energy. Preschedule Change Charge ...... II.M. For purchasers of a combination of 2- Reactive Power Charge ...... II.N. year and 5-year power. 2. Firm Capacity Without Energy Unauthorized Increase Charge .... II.Q. Purchaser’s HLH Measured Energy 2.1. Rate minus the Purchaser’s 5-year HLH 6.2. Special Rate Provisions Billing Energy. Applicable months Rate Special rate provisions Section 1.2.2.2 Without Load Shaping September±December ...... $1.11/kW-mo. Purchaser’s 2-year HLH Energy January±March ...... 1.15/kW-mo. Cost Contributions ...... II.B. Subscription. Utility Factor ...... II.R. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36477 1.2.3. LLH Billing Energy 6.1. Rate Adjustments 4. Adjustments, Charges, and Special 1.2.3.1 WITH Load Shaping Rate Provisions Rate adjustment Section All adjustments are described in the For purchasers of 2-year power only. Conservation Surcharge ...... II.A GRSPs. The applicable sections are Purchaser’s LLH Measured Energy. identified for each adjustment. For purchasers of a combination of 2- Deviation Adjustment ...... II.D. Industrial Exemption/Curtailment . II.H. year and 5-year power. Rate adjustment Section Low Density Discount ...... II.I. Purchaser’s LLH Measured Energy Preschedule Change Charge ...... II.M. minus the Purchaser’s 5-year LLH Conservation Surcharge ...... II.A. Reactive Power Charge ...... II.N. Billing Energy. Low Density Discount ...... II.I. 1.2.3.2 Without Load Shaping 6.2. Special Rate Provisions Schedule PF–96.5 Purchaser’s 2-year LLH Energy Priority Firm Power Subscription. Special rate provisions Section Section I. Availability 2. Full Load Shaping Cost Contributions ...... II.B. This schedule is available for the 2.1 Rate contract purchase of firm power or E. PF Rates for Customers Who capacity to be used within the Pacific 0.30 mills/kWh. Purchase Under a Residential Purchase Northwest for a 5-year period, October and Sale Agreement (RPSA) 2.2 Billing Factor 1, 1996, through September 30, 2001. For purchasers of 2-year power only. The rate for RPSA customers includes Priority Firm Power may be purchased by public bodies, cooperatives, and Purchaser’s Retail Load minus the Load Shaping and Load Regulation. Federal agencies for resale to ultimate Purchaser’s Industrial Exemption, if RPSA customers are required to consumers for direct consumption. At any. purchase transmission service under the Network Integration (NT) rate. their election, public body, cooperative, For purchasers of a combination of 2- and Federal agency customers may year and 5-year power. 1. Rates purchase all or any designated portion There is no charge for load shaping 1.1. Demand Charge of their power under this rate schedule under the PF–96.2 rate schedule. as an alternative to purchasing power 3. Load Regulation Applicable months Rate under the PF–96.2 rate schedule. Customers making such an election 3.1 Rate and Billing Factor All Months of the Year ...... $0.56/kW- shall agree to purchase the designated For purchasers of 2-year power only. mo. amount of power exclusively from BPA 0.25 mills/kWh multiplied by for 5 years. Such election shall be a one- Purchaser’s Retail Load. 1.2 Energy Charge time irrevocable election and, as to the For purchasers of a combination of 2- amount of power so designated, shall year and 5-year power. Applicable months Rate constitute a waiver of all rights to There is no charge for load regulation purchase power under any other power under the PF–96.2 rate schedule. September±December ...... 31.95 rate schedule for the 5-year period. The January±March ...... 33.14 election process is described in section 4. Partial Load Shaping April ...... 29.72 II.E. of the GRSPs. 4.1 Rate May±June ...... 19.59 Rates in this schedule are available for July ...... 22.88 purchases under requirements sales $3.05/MWhr-hr. August ...... 28.93 contracts effective on or before 4.2 Billing Factor September 30, 1996 (hereinafter termed 2. Billing Factors the ‘‘1981’’ contracts, although some are For purchasers of 2-year power only. actually dated ‘‘1984’’ or later), and 2.1. Billing Demand MWhr-hr amount of Partial Load under contracts that may be effective on Shaping Subscribed for the month. The Billing Demand shall be the or after October 1, 1996 (‘‘1996’’ For purchasers of a combination of 2- demand calculated by applying the load contracts). Customers electing to year and 5-year power. factor, determined as specified in the purchase power under this rate There is no charge for partial load RPSA, to the Billing Energy for each schedule and continuing to receive shaping under the PF–96.2 rate billing period. service pursuant to their 1981 power schedule. sales contract further waive any rights 2.2. Billing Energy under that contract to modify their Firm 5. Transmission Resources Exhibit in such a manner that The Billing Energy shall be the energy The transmission charge for deliveries reduces or interferes with their ability to associated with the utility’s residential under this rate shall be the charge for purchase power for loads dedicated for load for each billing period. Residential Network Integration service under the service under this rate schedule. Rates load shall be computed in accordance Network Integration (NT) rate or the under contracts that contain charges with the provisions of the purchaser’s charge for Point-to-Point service under that escalate based on rates listed in this RPSA. the Point-to-Point (PTP) rate. rate schedule shall include applicable 3. Transmission transmission charges. 6. Adjustments, Charges, and Special Sales under the PF–96.5 rate schedule Rate Provisions The transmission charge for deliveries are subject to BPA’s General Rate All adjustments are described in the under this rate shall be the charge for Schedule Provisions (GRSPs). Products GRSPs. The applicable sections are Network Integration service under the available under this rate schedule are identified for each adjustment. Network Integration (NT) rate. defined in the GRSPs. For sales under 36478 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices this rate schedule, bills shall be HLH 5.1. Rate Adjustments rendered and payments due pursuant to Applicable months rate LLH rate BPA’s Billing Procedures. Rate adjustment Section April ...... 20.65 19.46 Section II. Rates, Billing Factors, and May±June ...... 13.61 10.78 Conservation Surcharge ...... II.A. Adjustments for Each PF Product July ...... 15.90 12.79 Low Density Discount ...... II.I. For each customer designation, the August ...... 20.10 16.63 Phase-In Mitigation ...... II.L. rate(s) for each product along with the Reactive Power Charge ...... II.N. associated billing factor(s) are identified 1.2. Billing Factors Transitional Service ...... II.P. below. The rates for each customer 1.2.1. Billing Demand designation are identical; the billing 5.2. Special Rate Provisions factors, however, vary according to the For purchasers of 5-year power only. customer designation. Applicable Purchaser’s Measured Demand that Special rate provisions Section adjustments and special rate provisions occurs during the hour of the Monthly are listed for each customer designation. Transmission Peak Load. Cost Contributions ...... II.B. Network Integration transmission For purchasers of a combination of 2- Utility Factor ...... II.R. service at the Network Integration (NT) year and 5-year power. rate or Point-to-Point transmission The lower of: Purchaser’s Measured B. PF Rates for Customers who Elect to service at the Point-to-Point (PTP) rate Demand that occurs during the hour of Purchase Power on a Composite Rate is required for purchases under this rate the Monthly Transmission Peak Load or Basis Purchaser’s 5-year Demand schedule. Only customers whose average annual This rate schedule contains five Subscription. subsections, corresponding to the retail loads during the 1996 rate period, 1.2.2. HLH Billing Energy customer categories to which this rate as forecasted by BPA, are 25 average schedule applies: For purchasers of 5-year power only. annual MW or less are eligible to Section II.A Applies to Metered Purchaser’s HLH Measured Energy. purchase at this rate. The composite rate Requirements customers who For purchasers of a combination of 2- charge includes the PF–96.5 charges for purchase under a ‘‘1981’’ power sales year and 5-year power. demand, energy, Load Shaping, and contract. The lower of: Purchaser’s HLH Load Regulation. Purchasers at the Section II.B Applies to customers who Measured Energy or Purchaser’s 5-year composite rate also must purchase elect to purchase on a composite rate HLH Energy Subscription. Network Integration Transmission basis. service at the Network Integration (NT) Section II.C Applies to Full 1.2.3. LLH Billing Energy rate. Requirements customers who For purchasers of 5-year power only. 1. Rate purchase under a ‘‘1996’’ power sales Purchaser’s LLH Measured Energy. contract and not on a composite rate For purchasers of a combination of 2- Daily Rate basis. year and 5-year power. Applicable months (mills/ Section II.D Applies to Computed period kWh) Requirements customers who The lower of: Purchaser’s LLH purchase under a ‘‘1981’’ power sales Measured Energy or Purchaser’s 5-year All Months of the Year All hours . 23.54 contracts. LLH Energy Subscription. Section II.E Applies to Partial 2. Full Load Shaping 2. Billing Factor Requirements customers who 2.1. Rate purchase under a ‘‘1996’’ power sales Purchaser’s Measured Energy. contracts. 0.30 mills/kWh multiplied by the 3. Transmission A. PF Rates for Metered Requirements Utility Factor. The transmission charge for deliveries Customers who Purchase Under a 2.2. Billing Factor ‘‘1981’’ Power Sales Contract under this rate shall be the charge for Purchaser’s total HLH and LLH Metered Requirements customers Network Integration service under the Measured Energy. purchasing power under a ‘‘1981’’ Network Integration (NT) rate. power sales contract are required to buy 3. Load Regulation 4. Adjustments, Charges, and Special Load Shaping, Load Regulation, and 3.1. Rate Rate Provisions Network Integration Transmission All adjustments are described in the service at the Network Integration (NT) 0.25 mills/kWh multiplied by the GRSPs. The applicable sections are rate. Utility Factor. identified for each adjustment. 1. Priority Firm Power 3.2. Billing Factor 4.1. Rate Adjustments 1.1. Rates Purchaser’s total HLH and LLH 1.1.1 Demand Charge Measured Energy. Rate adjustment Section 4. Transmission Conservation Surcharge ...... II.A. Applicable months Rate The transmission charge for deliveries Low Density Discount ...... II.I. All Months of the Year ...... $0.56/kW-mo. under this rate shall be the charge for Phase-In Mitigation ...... II.L. Network Integration service under the Reactive Power Charge ...... II.N. 1.1.2. Energy Charge Network Integration (NT) rate. 5. Adjustments, Charges, and Special 4.2. Special Rate Provisions Applicable months HLH LLH rate Rate Provisions rate Special rate provisions Section All adjustments are described in the September±December .. 22.20 19.64 GRSPs. The applicable sections are Cost Contributions ...... II.B. January±March ...... 23.02 20.28 identified for each adjustment. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36479 C. PF Rates for Full Requirements Purchaser’s LLH Measured Energy or rate or Point-to-Point Transmission Customers who Purchase Under a Purchaser’s 5-year LLH Energy service at the Point-to-Point (PTP) rate. ‘‘1996’’ Power Sales Contract and not on Subscription. 1. Priority Firm Power a Composite Rate Basis 2. Full Load Shaping 1.1. Rates This customer category includes all 2.1. Rate Full Requirements customers whose 1.1.1. Demand Charge forecasted loads exceed 25 aMW and 0.30 mills/kWh. Applicable months Rate those Full Requirements customers with 2.2 Billing Factor forecasted loads of 25 aMW or less who All Months of the Year ...... $0.56/kW-mo. decide not to purchase on a composite Purchaser’s Retail Load minus the rate basis. Full Requirements Purchasers Purchaser’s Industrial Exemption, if 1.1.2. Energy Charge purchasing power under a —1996— any. power sales contract are required to buy 3. Load Regulation HLH LLH Load Shaping, Load Regulation, and Applicable months rate rate Network Integration Transmission 3.1. Rate and Billing Factor service at the Network Integration (NT) 0.25 mills/kWh multiplied by September-December ...... 22.20 19.64 rate. Purchaser’s Retail Load. January-March ...... 23.02 20.28 April ...... 20.65 19.46 1. Priority Firm Power 4. Transmission May-June ...... 13.61 10.78 July ...... 15.90 12.79 1.1. Rates The transmission charge for deliveries August ...... 20.10 16.63 1.1.1. Demand Charge under this rate shall be the charge for Network Integration service under the 1.2. Billing Factors Applicable months Rate Network Integration (NT) rate. 1.2.1. Billing Demand All Months of the Year ...... $0.56/kW-mo. 5. Adjustments, Charges, and Special Rate Provisions 1.2.1.1 With Load Shaping For purchasers of 5-year power only. 1.1.2. Energy Charge All adjustments are described in the Purchaser’s Measured Demand that GRSPs. The applicable sections are occurs during the hour of the Monthly HLH LLH identified for each adjustment. Applicable months rate rate Transmission Peak Load. 5.1. Rate Adjustments For purchasers of a combination of 2- September-December ...... 22.20 19.64 year and 5-year power. January-March ...... 23.02 20.28 Rate adjustment Section The lower of: April ...... 20.65 19.46 Purchaser’s Measured Demand that May-June ...... 13.61 10.78 Conservation Surcharge ...... II.A. occurs during the hour of the Monthly July ...... 15.90 12.79 Deviation Adjustment ...... II.D. Transmission Peak Load or Purchaser’s August ...... 20.10 16.63 Industrial. 5-year Demand Subscription. Exemption/Curtailment II.H. 1.2. Billing Factors Low Density Discount ...... II.I. 1.2.1.2 Without Load Shaping Phase-In Mitigation ...... II.L. 1.2.1. Billing Demand For purchasers of 5-year power only. Reactive Power Charge ...... II.N. Purchaser’s 5-year Computed Peak For purchasers of 5-year power only. Requirement. Purchaser’s Measured Demand that 5.2. Special Rate Provisions For purchasers of a combination of 2- occurs during the hour of the Monthly year and 5-year power. Transmission Peak Load. Special rate provisions Section The lower of: Purchaser’s Computed Peak For purchasers of a combination of 2- Cost Contributions ...... II.B. year and 5-year power. Requirement or Purchaser’s 5-year The lower of: Demand Subscription. D. PF Rates for Computed Requirements Purchaser’s Measured Demand that Customers Who Purchase Under a 1.2.2. Billing Energy occurs during the hour of the Monthly ‘‘1981’’ Power Sales Contract Transmission Peak Load or Purchaser’s 1.2.2.1 For purchasers of 5-year power 5-year Demand Subscription. Actual Computed Requirements only Purchasers purchasing power under a For Energy Delivered September-March 1.2.2. HLH Billing Energy ‘‘1981’’ power sales contract are For purchasers of 5-year power only. required to buy Load Shaping and The HLH Billing Energy is the Purchaser’s HLH Measured Energy. Purchaser’s HLH Measured Energy. Network Integration Transmission The LLH Billing Energy is: For purchasers of a combination of 2- service at the Network Integration (NT) a. 76 percent of the Purchaser’s year and 5-year power. rate. Planned and Contracted Computed Measured Energy, plus 24 percent of the The lower of: Requirements Purchasers are not Purchaser’s Computed Energy Purchaser’s HLH Measured Energy or allowed to buy Load Shaping. Load Maximum, minus Purchaser’s 5-year HLH Energy Regulation is required if the customer is b. The Purchaser’s HLH Measured Subscription. in BPA’s load control area, regardless of Energy whether the customer is purchasing on 1.2.3. LLH Billing Energy the basis of actual, planned, or For Energy Delivered April-August For purchasers of 5-year power only. contracted computed requirements. The HLH Billing Energy is the Purchaser’s LLH Measured Energy. Planned and Contracted Computed Purchaser’s HLH Measured Energy. For purchasers of a combination of 2- Requirements purchasers must elect The LLH Billing Energy is: year and 5-year power. either Network Integration Transmission a. 63 percent of the Purchaser’s The lower of: service at the Network Integration (NT) Measured Energy, plus 37 percent of the 36480 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Purchaser’s Computed Energy E. PF Rates for Partial Requirements 1.2.2.2 Without Load Shaping Maximum, minus Customers who Purchase Under a Purchaser’s 5-year HLH Energy b. The Purchaser’s HLH Measured ‘‘1996’’ Power Sales Contract Subscription. Energy Partial Requirements customers 1.2.3. LLH Billing Energy 1.2.2.2 For purchasers of a purchasing power under a 1996 power combination of 2-year and 5-year power sales contract may purchase Load 1.2.3.1 With Load Shaping Shaping. All customers in BPA’s load For purchasers of 5-year power only. The HLH Billing Energy is the lower control area are required to buy Load Purchaser’s LLH Measured Energy. of: Regulation, and customers outside of For purchasers of a combination of 2- Purchaser’s HLH Computed Energy BPA’s load control area may not buy year and 5-year power. Maximum or Load Regulation. Partial Requirements The lower of: Purchaser’s LLH Purchaser’s 5-year HLH Energy customers must elect either Network Measured Energy or Purchaser’s 5-year Subscription. Integration Transmission service at the LLH Energy Subscription. The LLH Billing Energy is the lower Network Integration (NT) rate or Point- 1.2.3.2 Without Load Shaping of: to-Point Transmission service at the Purchaser’s 5-year LLH Energy Purchaser’s LLH Computed Energy Point-to-Point (PTP) rate. Subscription. Maximum or Purchaser’s 5-year LLH 1. Priority Firm Power Energy Subscription. 2. Full Load Shaping 1.1. Rates 2. Full Load Shaping 2.1 Rate 1.1.1. Demand Charge 2.1. Rate 0.30 mills/kWh. 0.30 mills/kWh multiplied by the Applicable months Rate 2.2 Billing Factor Utility Factor. Purchaser’s Retail Load minus the All Months of the Year ...... $0.56/kW- Purchaser’s Industrial Exemption, if 2.2. Billing Factor mo. any. Purchaser’s total HLH and LLH 1.1.2. Energy Charge 3. Load Regulation Billing Energy. 3.1 Rate and Billing Factor 3. Load Regulation HLH Applicable months rate LLH rate 0.25 mills/kWh multiplied by 3.1. Rate Purchaser’s Retail Load. September±December .. 22.20 19.64 0.25 mills/kWh multiplied by the January±March ...... 23.02 20.28 4. Partial Load Shaping Utility Factor. April ...... 20.65 19.46 4.1 Rate 3.2. Billing Factor May±June ...... 13.61 10.78 July ...... 15.90 12.79 $3.05/MWhr-hr. Purchaser’s total HLH and LLH August ...... 20.10 16.63 4.2 Billing Factor Billing Energy. 1.2. Billing Factors MWhr-hr amount of Partial Load 4. Transmission Shaping Subscribed for the month. 1.2.1. Billing Demand The transmission charge for deliveries 5. Transmission under this rate shall be the charge for 1.2.1.1 With Load Shaping The transmission charge for deliveries Network Integration service under the For purchasers of 5-year power only. under this rate shall be the charge for Network Integration (NT) rate or the Network Integration service under the charge for Point-to-Point service under Purchaser’s Measured Demand that Network Integration (NT) rate or the the Point-to-Point (PTP) rate. occurs during the hour of the Monthly Transmission Peak Load. charge for Point-to-Point service under 5. Adjustments, Charges, and Special For purchasers of a combination of 2- the Point-to-Point (PTP) rate. Rate Provisions year and 5-year power 6. Adjustments, Charges, and Special All adjustments are described in the The lower of: Purchaser’s Measured Rate Provisions GRSPs. The applicable sections are Demand that occurs during the hour of All adjustments are described in the identified for each adjustment. the Monthly Transmission Peak Load or GRSPs. The applicable sections are Purchaser’s 5-year Demand identified for each adjustment. 5.1. Rate Adjustments Subscription. 6.1. Rate Adjustments Rate adjustment Section 1.2.1.1 Without Load Shaping Rate adjustment Section Conservation Surcharge ...... II.A. Purchaser’s 5-year Demand Energy Return Surcharge ...... II.F. Subscription. Conservation Surcharge ...... II.A. Low Density Discount ...... II.I. 1.2.2. HLH Billing Energy Deviation Adjustment ...... II.D. Preschedule Change Charge ...... II.M. Industrial Exemption/Curtailment . II.H. Reactive Power Charge ...... II.N. 1.2.2.1 With Load Shaping Low Density Discount ...... II.I. Unauthorized Increase Charge .... II.Q. For purchasers of 5-year power only. Preschedule Change Charge ...... II.M. Reactive Power Charge ...... II.N. 5.2. Special Rate Provisions Purchaser’s HLH Measured Energy. For purchasers of a combination of 2- 6.2. Special Rate Provisions Special rate provisions Section year and 5-year power. The lower of: Purchaser’s HLH Special Rate Provisions Section Cost Contributions ...... II.B. Utility Factor ...... II.R. Measured Energy or Purchaser’s 5-year HLH Energy Subscription. Cost Contributions ...... II.B. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36481 Schedule NR–96.2 is required for purchases under this rate 2. Full Load Shaping New Resource Firm Power Rate schedule. For Purchasers whose Requirements This rate schedule contains four Service is Provided Exclusively under Section I. Availability subsections, corresponding to the the NR Rate This schedule is available for the customer categories to which this rate contract purchase of firm power or schedule applies: Rate capacity to be used within the Pacific Section II.A Applies to public agency 0.30 mills/kWh multiplied by the Northwest for a 2-year period, October Metered Requirements customers who Utility Factor. 1, 1996, through September 30, 1998. purchase under ‘‘1981’’ power sales Billing Factor New Resource Firm Power is available contracts and serve new large single Purchaser’s HLH and LLH Measured to investor-owned utilities (IOUs) under loads. net requirements contracts for resale to Energy. Section II.B Applies to Full For Purchasers whose Requirements ultimate consumers. New Resource Firm Requirements customers who Power also is available to any public Service is Provided under Both the PF purchase under ‘‘1996’’ power sales and NR Rates. body, cooperative, or Federal agency to contracts. the extent such power is needed to serve There is no charge for Load Shaping any New Large Single Load (NLSL), as Section II.C Applies to Computed under the NR rate schedule. Requirements customers who defined by the Northwest Power Act. 3. Load Regulation Any power purchased by a customer to purchase under ‘‘1981’’ power sales serve its New Large Single Load(s) must contracts. For Purchasers whose Requirements be purchased under either this rate Section II.D Applies to Partial Service is Provided Exclusively under schedule or under the NR–96.5 rate Requirements customers who the NR Rate. schedule. purchase under ‘‘1996’’ power sales Rate contracts. Rates in this schedule are applicable 0.25 mills/kWh multiplied by the to purchases under requirements sales A. NR Rates for Metered Requirements Utility Factor. contracts effective on or before Customers Who Purchase Under ‘‘1981’’ September 30, 1996 (hereinafter termed Power Sales Contracts and Serve New Billing Factor the ‘‘1981’’ contracts, although some are Large Single Loads Purchaser’s HLH and LLH Measured actually dated ‘‘1984’’ or later), and Energy. Metered Requirements customers under contracts that may be effective on For Purchasers whose Requirements purchasing power under a ‘‘1981’’ or after October 1, 1996 (‘‘1996’’ Service is Provided under Both the PF power sales contract serving a New contracts). Customers purchasing power and NR Rates. Large Single Load (NLSL) are required under ‘‘1981’’ contracts may buy either There is no charge for Load to buy New Resource Firm Power (as firm power or capacity without energy Regulation under the NR rate schedule. under this rate schedule. Customers needed for that NLSL), Load Shaping, purchasing power under ‘‘1996’’ Load Regulation, and Network 4. Transmission contracts may buy only firm power. Integration Transmission service at the The transmission charge for deliveries Products available under this rate Network Integration (NT) rate. under this rate shall be the charge for schedule are defined in BPA’s General 1. New Resource Firm Power Network Integration service under the Rate Schedule Provisions (GRSPs). Rates Network Integration (NT) rate. under contracts that contain charges 1.1. Rates 5. Adjustments, Charges, and Special that escalate based on rates listed in this 1.1.1. Demand Charge rate schedule shall include applicable Rate Provisions transmission charges. Applicable months Rate All adjustments are described in the This schedule supersedes Schedule GRSPs. The applicable sections are NR–95, which went into effect on All Months of the Year ...... $0.56/kW-mo. identified for each adjustment. October 1, 1995. Sales under this 5.1. Rate Adjustments schedule are subject to BPA’s General 1.1.2. Energy Charge Rate Schedule Provisions. For sales HLH LLH Rate Adjustment Section under this rate schedule, bills shall be Applicable months Rate Rate rendered and payments due pursuant to Conservation Surcharge ...... II.A. BPA’s Billing Procedures. September±December .. 36.61 32.39 Preschedule Change Charge ...... II.M. Reactive Power Charge ...... II.N. Section II. Rates, Billing Factors, and January±March ...... 37.97 33.45 April ...... 34.05 32.09 Transitional Service ...... II.P. Adjustments for Each NR Product May±June ...... 22.45 17.78 For each customer designation, the July ...... 26.22 21.09 5.2. Special Rate Provisions rate(s) for each product along with the August ...... 33.15 27.42 associated billing factor(s) are identified Special rate provisions Section below. The rates for each customer 1.2. Billing Factors designation are identical; the billing Cost Contributions ...... II.B. 1.2.1. Billing Demand Utility Factor ...... II.R. factors, however, vary according to the customer designation. Applicable Purchaser’s Measured Demand. B. NR Rates For Full Requirements adjustments and special rate provisions 1.2.2. HLH Billing Energy are listed for each customer designation. Customers Who Purchase Under ‘‘1996’’ Network Integration transmission Purchaser’s HLH Measured Energy. Power Sales Contracts service at the Network Integration (NT) 1.2.3. LLH Billing Energy Full Requirements Purchasers rate or Point-to-Point transmission purchasing power under a ‘‘1996’’ service at the Point-to-Point (PTP) rate Purchaser’s LLH Measured Energy. power sales contract are required to buy 36482 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Load Shaping, Load Regulation, and 5. Adjustments, Charges, and Special Without Load Shaping Network Integration Transmission Rate Provisions Purchaser’s Computed Peak service at the Network Integration (NT) Requirement. rate. All adjustments are described in the GRSPs. The applicable sections are 1.2.2. Billing Energy 1. New Resource Firm Power identified for each adjustment. 1.2.2.1 For Energy Delivered 1.1. Rates 5.1. Rate Adjustments September–March 1.1.1. Demand Charge Rate adjustment Section The HLH Billing Energy is the Purchaser’s HLH Measured Energy. Applicable months Rate Conservation Surcharge ...... II.A. The LLH Billing Energy is: All Months of the Year ...... $0.56/ Deviation Adjustment ...... II.D. a. 55 percent of the Purchaser’s kW-mo. Industrial Exemption/Curtailment . II.H. Measured Energy, plus 45 percent of the Preschedule Change Charge ...... II.M. Purchaser’s Computed Energy Reactive Power Charge ...... II.N. 1.1.2. Energy Charge Maximum, minus b. The Purchaser’s HLH Measured HLH 5.2. Special Rate Provisions Energy Applicable months Rate LLH rate Special rate provisions Section 1.2.2.2 For Energy Delivered April– SeptemberÐDecember 36.61 32.39 August JanuaryÐMarch ...... 37.97 33.45 Cost Contributions ...... II.B. The HLH Billing Energy is the April ...... 34.05 32.09 Purchaser’s Measured Energy. MayÐJune ...... 22.45 17.78 C. NR Rates for Computed Requirements The LLH Billing Energy is: July ...... 26.22 21.09 Customers who Purchase Under ‘‘1981’’ a. 43 percent of the Purchaser’s August ...... 33.15 27.42 Power Sales Contracts Measured Energy, plus 57 percent of the Purchaser’s Computed Energy 1.2. Billing Factors Actual Computed Requirements Maximum, minus Purchasers purchasing power under a 1.2.1. Billing Demand b. The Purchaser’s HLH Measured ‘‘1981’’ power sales contract are Energy Purchaser’s Measured Demand. required to buy Load Shaping and 1.2.2. HLH Billing Energy Network Integration Transmission 2. Firm Capacity Without Energy service at the Network Integration (NT) 2.1. Rate Purchaser’s HLH Measured Energy. rate. Planned and Contracted Computed 1.2.3. LLH Billing Energy Requirements Purchasers are not Applicable months Rate allowed to buy Load Shaping, and must Purchaser’s LLH Measured Energy. elect either Network Integration September±December ...... $1.47/kW-mo. 2. Full Load Shaping Transmission service at the Network January±March ...... $1.54/kW-mo. Integration (NT) rate or Point-to-Point April ...... $0.98/kW-mo. 2.1. Rate and Billing Factor Transmission service at the Point-To- May±June ...... $1.57/kW-mo. For Purchasers whose Requirements Point (PTP) rate. Load Regulation is July ...... $1.67/kW-mo. August ...... $1.80/kW-mo. Service is Provided Exclusively under required if the customer is in BPA’s load the NR Rate. control area. 2.2. Billing Factor 0.30 mills/kWh multiplied by Retail 1. New Resource Firm Power Load minus Industrial Exemption, if Purchaser’s Computed Peak any. 1.1. Rates Requirement associated with the For Purchasers whose Requirements 1.1.1. Demand Charge purchase of Firm Capacity Without Service is Provided under Both the PF Energy. and NR Rates. Applicable months Rate 3. Full Load Shaping There is no charge for Load Shaping under the NR rate schedule. All Months of the Year ...... $0.56/kW-mo. For Purchasers whose Requirements Service is Provided Exclusively under 3. Load Regulation 1.1.2. Energy Charge the NR Rate. 3.1. Rate and Billing Factor Rate HLH For Purchasers whose Requirements Applicable months rate LLH rate 0.30 mills/kWh multiplied by the Service is Provided Exclusively under Utility Factor. the NR Rate. September±December .. 36.61 32.39 0.25 mills/kWh multiplied by Retail January±March ...... 37.97 33.45 Billing Factor Load. April ...... 34.05 32.09 Purchaser’s HLH and LLH Measured For Purchasers whose Requirements May±June ...... 22.45 17.78 Energy. Service is Provided under Both the PF July ...... 26.22 21.09 For Purchasers whose Requirements August ...... 33.15 27.42 and NR Rates. Service is Provided under Both the PF There is no charge for Load and NR Rates. Regulation under the NR rate schedule. 1.2. Billing Factors There is no charge for Load Shaping 4. Transmission 1.2.1. Billing Demand With Load under the NR rate schedule. Shaping The transmission charge for deliveries 4. Load Regulation under this rate shall be the charge for Purchaser’s Measured Demand that For Purchasers whose Requirements Network Integration service under the occurs during the hour of the Monthly Service is Provided Exclusively under Network Integration (NT) rate. Transmission Peak Load. the NR Rate. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36483 Rate 1.1.2. Energy Charge 5. Transmission The transmission charge for deliveries 0.25 mills/kWh multiplied by the HLH Utility Factor. Applicable months rate LLH rate under this rate shall be the charge for Network Integration service under the Billing Factor September±December .. 36.61 32.39 Network Integration (NT) rate or the Purchaser’s HLH and LLH Measured January±March ...... 37.97 33.45 charge for Point-to-Point service under Energy. April ...... 34.05 32.09 the Point-to-Point (PTP) rate. May±June ...... 22.45 17.78 For Purchasers whose Requirements July ...... 26.22 21.09 6. Adjustments, Charges, and Special Service is Provided under Both the PF August ...... 33.15 27.42 Rate Provisions and NR Rates. All adjustments are described in the There is no charge for Load 1.2. Billing Factors GRSPs. The applicable sections are Regulation under the NR rate schedule. 1.2.1. Billing Demand identified for each adjustment. 5. Transmission With Load Shaping: Purchaser’s 6.1. Rate Adjustments The transmission charge for deliveries Measured Demand that occurs during under this rate shall be the charge for the hour of the Monthly Transmission Rate adjustment Section Network Integration service under the Peak Load. Conservation Surcharge ...... II.A. Network Integration (NT) rate or the Without Load Shaping: Purchaser’s Deviation Adjustment ...... II.D. charge for Point-to-Point service under Demand Subscription. Industrial Exemption/Curtailment . II.H. the Point-to-Point (PTP) rate. Preschedule Change Charge ...... II.M. 1.2.2. HLH Billing Energy Reactive Power Charge ...... II.N. 6. Adjustments, Charges, and Special With Load Shaping: Purchaser’s HLH Rate Provisions Measured Energy. 6.2. Special Rate Provisions All adjustments are described in the Without Load Shaping: GRSPs. The applicable sections are Purchaser’s HLH Energy Subscription. Special rate provision Section identified for each adjustment. 1.2.3. LLH Billing Energy Cost Contributions ...... II.B. 6.1. Rate Adjustments With Load Shaping: Schedule NR–96.5—New Resource Rate adjustments Section Purchaser’s LLH Measured Energy. Firm Power Rate Without Load Shaping: Conservation Surcharge ...... II.A. Purchaser’s LLH Energy Subscription. Section I. Availability Energy Return Surcharge ...... II.F. 2. Full Load Shaping This schedule is available for the Preschedule Change Charge ...... II.M. contract purchase of firm power or Reactive Power Charge ...... II.N. 2.1. Rate and Billing Factor Transitional Service ...... II.P. capacity to be used within the Pacific Unauthorized Increase Charge .... II.Q. For Purchasers whose Requirements Northwest for a 5-year period, October Service is Provided Exclusively under 1, 1996, through September 30, 2001. 6.2. Special Rate Provisions the NR Rate. New Resource Firm Power is available 0.30 mills/kWh multiplied by Retail to investor-owned utilities (IOUs) under Special rate provisions Section Load minus Industrial Exemption, if net requirements contracts for resale to any. ultimate consumers. At their election, Cost Contributions ...... II.B. For Purchasers whose Requirements IOUs may purchase all or any Utility Factor ...... II.R. Service is Provided under Both the PF designated portion of their power under and NR Rates. this rate schedule as an alternative to D. NR Rates for Partial Requirements There is no charge for Load Shaping purchasing power under the NR–96.2 Customers who Purchase Under ‘‘1996’’ under the NR rate schedule. rate schedule. IOU customers making Power Sales Contracts such an election shall agree to purchase 3. Load Regulation the designated amount of power Partial Requirements customers exclusively from BPA for 5 years. New purchasing power under a ‘‘1996’’ 3.1. Rate and Billing Factor Resource Firm Power also is available to power sales contract may purchase Load For Purchasers whose Requirements any public body, cooperative, or Federal Shaping and must elect either Network Service is Provided Exclusively under agency to the extent such power is Integration Transmission service at the the NR Rate. needed to serve any New Large Single Network Integration (NT) rate or Point- 0.25 mills/kWh multiplied by Retail Load (NLSL), as defined by the to-Point Transmission service at the Load. Northwest Power Act. Any power Point-to-Point (PTP) rate. All customers For Purchasers whose Requirements purchased by a customer to serve its in BPA’s load control area are required Service is Provided under Both the PF New Large Single Load(s) must be to buy Load Regulation, and customers and NR Rates . purchased under either this rate outside of BPA’s load control area may There is no charge for Load schedule or under the NR–96.2 rate not buy Load Regulation. Regulation under the NR rate schedule. schedule. Public body, cooperative, or 1. New Resource Firm Power 4. Partial Load Shaping Federal agency customers electing to be 1.1. Rates served under this rate schedule shall 4.1 Rate agree to purchase power for service to 1.1.1 Demand Charge $3.05 per MWhr-hr. the designated consumer NLSL facilities exclusively from BPA for 5 years. Such Applicable months Rate 4.2 Billing Factor election by IOUs or preference All Months of the Year ...... $0.56/kW-mo. MWhr-hr amount of Partial Load customers shall be a one-time Shaping Subscribed for the month. irrevocable election and, as to the 36484 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices amount of power so designated, shall Section II.C Applies to Computed 3. Load Regulation constitute a waiver of all rights to Requirements customers who purchase purchase power under any other power under ‘‘1981’’ power sales contracts. For Purchasers whose Requirements rate schedule for the 5-year period. The Section II.D Applies to Partial Service is Provided Exclusively under election process is described in section Requirements customers who purchase the NR Rate. II.E. of the GRSPs. under ‘‘1996’’ power sales contracts. Rate Rates in this schedule are available for A. NR Rates for Metered Requirements purchases under requirements sales 0.25 mills/kWh multiplied by the Customers who Purchase Under ‘‘1981’’ contracts effective on or before Utility Factor. Power Sales Contracts and Serve New September 30, 1996 (hereinafter termed Large Single Loads Billing Factor the ‘‘1981’’ contracts, although some are actually dated ‘‘1984’’ or later), and Metered Requirements customers Purchaser’s HLH and LLH Measured under contracts that may be effective on purchasing power under a ‘‘1981’’ Energy. or after October 1, 1996 (‘‘1996’’ power sales contract serving a New For Purchasers whose Requirements contracts). Customers electing to Large Single Load (NLSL) are required Service is Provided under Both the PF purchase power under this rate to buy New Resource Firm Power (as and NR Rates. schedule and continuing to receive needed for that NLSL), Load Shaping, service pursuant to their 1981 power Load Regulation, and Network There is no charge for Load sales contract further waive any rights Integration Transmission service at the Regulation under the NR rate schedule. under that contract to modify their Firm Network Integration (NT) rate. 4. Transmission Resources Exhibit in such a manner that 1. New Resource Firm Power reduces or interferes with their ability to The transmission charge for deliveries purchase the amount of power 1.1. Rates under this rate shall be the charge for dedicated for service under this rate 1.1.1. Demand Charge Network Integration service under the schedule. Rates under contracts that Network Integration (NT) rate. contain charges that escalate based on Applicable months Rate rates listed in this rate schedule shall 5. Adjustments, Charges, and Special include applicable transmission All Months of the Year ...... $0.56/kW-mo. Rate Provisions charges. All adjustments are described in the Products available under this rate 1.1.2. Energy Charge GRSPs. The applicable sections are schedule are defined in BPA’s General identified for each adjustment. Rate Schedule Provisions (GRSPs). Applicable months HLH LLH Sales under this schedule are subject rate rate 5.1. Rate Adjustments to BPA’s General Rate Schedule September±December ...... 36.61 32.39 Rate adjustment Section Provisions. For sales under this rate January±March ...... 37.97 33.45 schedule, bills shall be rendered and April ...... 34.05 32.09 Conservation Surcharge ...... II.A. payments due pursuant to BPA’s Billing May±June ...... 22.45 17.78 Procedures. July ...... 26.22 21.09 Phase-In Mitigation ...... II.L. August ...... 33.15 27.42 Preschedule Change Charge ...... II.M. Section II. Rates, Billing Factors, and Reactive Power Charge ...... II.N. Transitional Service ...... II.P. Adjustments for Each NR Product 1.2. Billing Factors For each customer designation, the 1.2.1. Billing Demand rate(s) for each product along with the 5.2. Special Rate Provisions associated billing factor(s) are identified Purchaser’s Measured Demand. Special rate provisions Section below. The rates for each customer 1.2.2. HLH Billing Energy designation are identical; the billing Cost Contributions ...... II.B. factors, however, vary according to the Purchaser’s HLH Measured Energy. Utility Factor ...... II.R. customer designation. Applicable 1.2.3. LLH Billing Energy adjustments and special rate provisions B. NR Rates for Full Requirements are listed for each customer designation. Purchaser’s LLH Measured Energy. Customers Who Purchase Under ‘‘1196’’ Network Integration transmission 2. Full Load Shaping Power Sales Contracts service at the Network Integration (NT) rate or Point-to-Point transmission For Purchasers whose Requirements Full Requirements Purchasers service at the Point-to-Point (PTP) rate Service is Provided Exclusively under purchasing power under a ‘‘1996’’ is required for purchases under this rate the NR Rate. power sales contract are required to buy schedule. Rate Load Shaping, Load Regulation, and This rate schedule contains five Network Integration Transmission subsections, corresponding to the 0.30 mills/kWh multiplied by the service at the Network Integration (NT) customer categories to which this rate Utility Factor. rate. schedule applies: Billing Factor Section II.A Applies to public 1. New Resource Firm Power agency Metered Requirements Purchaser’s HLH and LLH Measured 1.1. Rates customers who purchase under ‘‘1981’’ Energy. power sales contracts and serve new For Purchasers whose Requirements 1.1.1. Demand Charge large single loads. Service is Provided under Both the PF Applicable months Rate Section II.B Applies to Full and NR Rates. Requirements customers who purchase There is no charge for Load Shaping All Months of the Year ...... $0.56/kW-mo. under ‘‘1996’’ power sales contracts. under the NR rate schedule. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36485 1.1.2. Energy Charge 5.2. Special Rate Provisions 1.2.2.2 For Energy Delivered April– August HLH LLH Special rate provisions Section Applicable months rate rate The HLH Billing Energy is the Cost Contributions ...... II.B. Purchaser’s Measured Energy. September±December ...... 36.61 32.39 The LLH Billing Energy is: January±March ...... 37.97 33.45 C. NR Rates for Computed Requirements a. 43 percent of the Purchaser’s April ...... 34.05 32.09 Customers Who Purchase Under ‘‘1981’’ Measured Energy, plus 57 percent of the May±June ...... 22.45 17.78 Purchaser’s Computed Energy July ...... 26.22 21.09 Power Sales Contracts August ...... 33.15 27.42 Maximum, minus Actual Computed Requirements b. The Purchaser’s HLH Measured Purchasers purchasing power under a Energy. 1.2. Billing Factors ‘‘1981’’ power sales contract are 1.2.1. Billing Demand required to buy New Resource Firm 2. Full Load Shaping Power (as needed), Load Shaping, and Purchaser’s Measured Demand. For Purchasers whose Requirements Network Integration Transmission Service is Provided Exclusively under 1.2.2. HLH Billing Energy service at the Network Integration (NT) the NR Rate. Purchaser’s HLH Measured Energy. rate. Planned and Contracted Computed Requirements Purchasers are not Rate 1.2.3. LLH Billing Energy allowed to buy Load Shaping, and must 0.30 mills/kWh multiplied by the Purchaser’s LLH Measured Energy. elect either Network Integration Utility Factor. Transmission service at the Network 2. Full Load Shaping Integration (NT) rate or Point-to-Point Billing Factor 2.1. Rate and Billing Factor Transmission service at the Point-to- Purchaser’s HLH and LLH Measured For Purchasers whose Requirements Point (PTP) rate. Load Regulation is Energy. Service is Provided Exclusively under required if the customer is in BPA’s load For Purchasers whose Requirements the NR Rate. control area. Service is Provided under Both the PF and NR Rates. 0.30 mills/kWh multiplied by Retail 1. New Resource Firm Power Load minus Industrial Exemption, if There is no charge for Load Shaping any. 1.1. Rates under the NR rate schedule. For Purchasers whose Requirements 1.1.1. Demand Charge 3. Load Regulation Service is Provided under Both the PF and NR Rates. Applicable months Rate For Purchasers whose Requirements There is no charge for Load Shaping Service is Provided Exclusively under under the NR rate schedule. All Months of the Year ...... $0.56/kW-mo. the NR Rate. Rate 3. Load Regulation 1.1.2. Energy Charge 3.1. Rate and Billing Factor 0.25 mills/kWh multiplied by the HLH LLH Utility Factor. For Purchasers whose Requirements Applicable months rate rate Service is Provided Exclusively under Billing Factor the NR Rate. September±December ...... 36.61 32.39 Purchaser’s HLH and LLH Measured 0.25 mills/kWh multiplied by Retail January±March ...... 37.97 33.45 Energy. Load. April ...... 34.05 32.09 For Purchasers whose Requirements May±June ...... 22.45 17.78 For Purchasers whose Requirements Service is Provided under Both the PF July ...... 26.22 21.09 Service is Provided under Both the PF and NR Rates. August ...... 33.15 27.42 and NR Rates. There is no charge for Load There is no charge for Load Regulation under the NR rate schedule. 1.2. Billing Factors Regulation under the NR rate schedule. 4. Transmission 1.2.1. Billing Demand 4. Transmission The transmission charge for deliveries With Load Shaping: The transmission charge for deliveries under this rate shall be the charge for Purchaser’s Measured Demand that under this rate shall be the charge for Network Integration service under the occurs during the hour of the Monthly Network Integration service under the Network Integration (NT) rate. Transmission Peak Load. Network Integration (NT) rate or the Without Load Shaping: charge for Point-to-Point service under 5. Adjustments, Charges, and Special Rate Purchaser’s Computed Peak the Point-to-Point (PTP) rate. Provisions Requirement. 5. Adjustments, Charges, and Special All adjustments are described in the 1.2.2. Billing Energy GRSPs. The applicable sections are Rate Provisions identified for each adjustment. 1.2.2.1 For Energy Delivered All adjustments are described in the September–March 5.1. Rate Adjustments GRSPs. The applicable sections are The HLH Billing Energy is the identified for each adjustment. Rate adjustment Section Purchaser’s HLH Measured Energy. The LLH Billing Energy is: 5.1. Rate Adjustments Conservation Surcharge ...... II.A. a. 55 percent of the Purchaser’s Rate adjustment Section Deviation Adjustment ...... II.D. Measured Energy, plus 45 percent of the Industrial Exemption/Curtailment . II.H. Purchaser’s Computed Energy Conservation Surcharge ...... II.A. Phase-In Mitigation ...... II.L. Maximum, minus Energy Return Surcharge ...... II.F. Preschedule Change Charge ...... II.M. b. The Purchaser’s HLH Measured Preschedule Change Charge ...... II.M. Reactive Power Charge ...... II.N. Energy. Reactive Power Charge ...... II.N. 36486 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Rate adjustment Section Purchaser’s LLH Energy Subscription. Schedule IP–96.2—Industrial Firm Power Rate Transitional Service ...... II.P. 2. Full Load Shaping Unauthorized Increase Charge .... II.Q. 2.1. Rate and Billing Factor Section I. Availability This schedule is available to BPA’s 5.2. Special Rate Provisions For Purchasers whose Requirements direct-service industrial (DSI) customers Service is Provided Exclusively under for firm power to be used in their Special rate provisions Section the NR Rate. industrial operations for a 2-year period, 0.30 mills/kWh multiplied by Retail October 1, 1996, through September 30, Cost Contributions ...... II.B. Load minus Industrial Exemption, if 1998. If a DSI requests that BPA serve Utility Factor ...... II.R. any. a portion of its load under another rate For Purchasers whose Requirements schedule and if BPA agrees, the IP–96.2 D. NR Rates for Partial Requirements Service is Provided under Both the PF rate shall apply to only that portion of Customers who Purchase Under ‘‘1996’’ and NR Rates. its load that is not served under the Power Sales Contracts There is no charge for Load Shaping other schedule. Partial Requirements customers under the NR rate schedule. Both DSIs that purchase power under purchasing power under a ‘‘1996’’ power sales contracts that were effective 3. Load Regulation power sales contract may purchase New on or before September 30, 1996 Resource Firm Power (as needed) and 3.1. Rate and Billing Factor (hereinafter termed the ‘‘1981’’ contracts), and DSIs that purchase Load Shaping, and must elect either For Purchasers whose Requirements Network Integration Transmission power under new contracts (hereinafter Service is Provided Exclusively under termed the ‘‘1996’’ contracts) are eligible service at the Network Integration (NT) the NR Rate. rate or Point-to-Point Transmission to purchase under this rate schedule. service at the Point-to-Point (PTP) rate. 0.25 mills/kWh multiplied by Retail Products available under this rate All customers in BPA’s load control area Load minus Industrial Exemption, if schedule are defined in BPA’s General are required to buy Load Regulation, any. Rate Schedule Provisions (GRSPs). Rates and customers outside of BPA’s load For Purchasers whose Requirements under contracts that contain charges control area may not buy Load Service is Provided under Both the PF that escalate based on rates listed in this Regulation. and NR Rates. rate schedule shall include applicable There is no charge for Load transmission charges. 1. New Resource Firm Power Regulation under the NR rate schedule. This rate schedule supersedes 1.1. Rates Schedule IP–95, which went into effect 4. Partial Load Shaping on October 1, 1995. Sales under the IP– 1.1.1 Demand Charge 4.1 Rate 96.2 rate schedule are subject to BPA’s General Rate Schedule Provisions. For Applicable months Rate $3.05/MWhr-hr. sales under this rate schedule, bills shall All Months of the Year ...... $0.56/kW-mo. 4.2 Billing Factor be rendered and payments shall be due pursuant to BPA’s Billing Procedures. MWhr-hr amount of Partial Load 1.1.2. Energy Charge Shaping Subscribed for the month. Section II. Rates, Billing Factors, and Adjustments for Each IP Product HLH LLH 5. Transmission Applicable months rate rate For each customer designation, the The transmission charge for deliveries rate(s) for each product along with the September±December ...... 36.61 32.39 under this rate shall be the charge for associated billing factor(s) are identified January±March ...... 37.97 33.45 Network Integration service under the in separate sections of the rate schedule. April ...... 34.05 32.09 Network Integration (NT) rate or the The rates for each customer designation May±June ...... 22.45 17.78 charge for Point-to-Point service under are identical; the billing factors, July ...... 26.22 21.09 the Point-to-Point (PTP) rate. August ...... 33.15 27.42 however, vary according to the customer 6. Adjustments, Charges, and Special designation. Applicable adjustments 1.2. Billing Factors Rate Provisions and special rate provisions are listed for each customer designation. Under the 1.2.1. Billing Demand All adjustments are described in the power sales contracts, the DSIs provide With Load Shaping: GRSPs. The applicable sections are operating reserves and stability reserves. Purchaser’s Measured Demand that identified for each adjustment. The credit for these reserves is reflected occurs during the hour of the Monthly 6.1. Rate Adjustments in the level of the applicable energy Transmission Peak Load. charges specified in this rate schedule. Without Load Shaping: Rate adjustment Section Network Integration transmission Purchaser’s Demand Subscription. service at the Network Integration (NT) Conservation Surcharge ...... II.A. rate or Point-to-Point transmission 1.2.2. HLH Billing Energy Deviation Adjustment ...... II.D. service at the Point-to-Point (PTP) rate With Load Shaping: Industrial Exemption/Curtailment . II.H. is required for purchases under this rate Purchaser’s HLH Measured Energy. Preschedule Change Charge ...... II.M. schedule. Without Load Shaping: Reactive Power Charge ...... II.N. This rate schedule contains three Purchaser’s HLH Energy Subscription. subsections, corresponding to the 6.2. Special Rate Provisions customer categories to which this rate 1.2.3. LLH Billing Energy schedule applies: With Load Shaping: Special rate provisions Section Section II.A Applies to DSI Purchaser’s LLH Measured Energy. Cost Contributions ...... II.B. purchasers who purchase under ‘‘1981’’ Without Load Shaping: power sales contracts. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36487 Section II.B Applies to Full 2. Load Regulation Applicable months HLH LLH Requirements DSI purchasers who 2.1. Rate and Billing Factor rate rate purchase under ‘‘1996’’ contracts. Section II.C Applies to Partial For purchasers of 2-year power only. April ...... 20.73 19.54 Requirements DSI purchasers who 0.25 mills/kWh multiplied by May±June ...... 13.67 10.82 July ...... 15.96 12.84 purchase under ‘‘1996’’ contracts. Purchaser’s Retail Load. For purchasers of a combination of 2- August ...... 20.18 16.69 A. IP Rates for DSI Purchasers who year and 5-year power. Purchase Under ‘‘1981’’ Power Sales There is no charge for Load 1.2. Billing Factors Contracts Regulation under the IP–96.2 rate 1.2.1. Billing Demand schedule. DSI Purchasers purchasing power For purchasers of 2-year power only. under a ‘‘1981’’ power sales contract are 3. Transmission Purchaser’s Measured Demand that required to buy Load Regulation and The transmission charge for deliveries occurs during the hour of the Monthly either Network Integration Transmission under this rate shall be the charge for Transmission Peak Load. service at the Network Integration (NT) Network Integration service under the For purchasers of a combination of 2- rate or Point-to-Point Transmission Network Integration (NT) rate or the year and 5-year power. service at the Point-to-Point (PTP) rate. charge for Point-to-Point service under Purchaser’s Measured Demand that 1. Industrial Firm Power the Point-to-Point (PTP) rate. occurs during the hour of the Monthly Transmission Peak Load minus the 1.1. Rates 4. Adjustments, Charges, and Special Purchaser’s 5-year Billing Demand. 1.1.1. Demand Charge Rate Provisions All adjustments are described in the 1.2.2. HLH Billing Energy Applicable months Rate GRSPs. The applicable sections are For purchasers of 2-year power only. identified for each adjustment. Purchaser’s HLH Measured Energy. All Months of the Year ...... $0.56/kW- For purchasers of a combination of 2- 4.1. Rate Adjustments mo. year and 5-year power Rate adjustment Section Purchaser’s HLH Measured Energy 1.1.2. Energy Charge minus the Purchaser’s 5-year HLH Curtailment Charge ...... II.C. Billing Energy. HLH LLH Applicable months rate rate Operating Reserves Adjustment .. II.K. Preschedule Change Charge ...... II.M. 1.2.3. LLH Billing Energy SeptemberÐDecember .... 22.29 19.72 Reactive Power Charge ...... II.N. For purchasers of 2-year power only. JanuaryÐMarch ...... 23.11 20.36 Transitional Service ...... II.P. Purchaser’s LLH Measured Energy. April ...... 20.73 19.54 Unauthorized Increase Charge .... II.Q. For purchasers of a combination of 2- MayÐJune ...... 13.67 10.82 year and 5-year power. July ...... 15.96 12.84 4.2. Special Rate Provisions Purchaser’s LLH Measured Energy August ...... 20.18 16.69 minus the Purchaser’s 5-year LLH Special rate provisions Section Billing Energy. 1.2. Billing Factors Cost Contributions ...... II.B. 2. DSI Load Shaping 1.2.1. Billing Demand 2.1. Rate For purchasers of 2-year power only. B. IP Rates for Full Requirements DSI Purchaser’s BPA Operating Level that Purchasers who Purchase Under ‘‘1996’’ $187/aMW. occurs during the hour of the Monthly Power Sales Contracts 2.2 Billing Factor Transmission Peak Load. Full Requirements customers For purchasers of 2-year power only. For purchasers of a combination of 2- purchasing power under a ‘‘1996’’ year and 5-year power. Purchaser’s Calculated Energy power sales contract are required to Capacity minus the Purchaser’s Purchaser’s BPA Operating Level that buy Load Shaping, Load Regulation, occurs during the hour of the Monthly Industrial Exemption, if any. and either Network Integration For purchasers of a combination of 2- Transmission Peak Load minus the Transmission service at the Network Purchaser’s 5-year Billing Demand. year and 5-year power. Integration (NT) rate or Point-to-Point There is no charge for Load Shaping 1.2.2. HLH Billing Energy Transmission service at the Point-to- under the IP–96.2 rate schedule. Point (PTP) rate. For purchasers of 2-year power only. 3. Load Regulation Purchaser’s HLH Measured Energy. 1. Industrial Firm Power 3.1. Rate and Billing Factor For purchasers of a combination of 2- 1.1. Rates year and 5-year power. For purchasers of 2-year power only. Purchaser’s HLH Measured Energy 1.1.1. Demand Charge 0.25 mills/kWh multiplied by minus the Purchaser’s 5-year HLH Purchaser’s Retail Load. Billing Energy. Applicable months Rate For purchasers of a combination of 2- year and 5-year power. 1.2.3. LLH Billing Energy All Months of the Year ...... $0.56/kW-mo. There is no charge for Load For purchasers of 2-year power only. Regulation under the IP–96.2 rate 1.1.2. Energy Charge Purchaser’s LLH Measured Energy. schedule. For purchasers of a combination of 2- HLH LLH 4. Transmission year and 5-year power. Applicable months rate rate Purchaser’s LLH Measured Energy The transmission charge for deliveries minus the Purchaser’s 5-year LLH SeptemberÐDecember .... 22.29 19.72 under this rate shall be the charge for Billing Energy. JanuaryÐMarch ...... 23.11 20.36 Network Integration service under the 36488 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Network Integration (NT) rate or the For purchasers of a combination of 2- Network Integration (NT) rate or the charge for Point-to-Point service under year and 5-year power. charge for Point-to-Point service under the Point-to-Point (PTP) rate. Purchaser’s Measured Demand that the Point-to-Point (PTP) rate. occurs during the hour of the Monthly 5. Adjustments, Charges, and Special 5. Adjustments, Charges, and Special Transmission Peak Load minus the Rate Provisions Rate Provisions Purchaser’s 5-year Billing Demand. All adjustments are described in the All adjustments are described in the GRSPs. The applicable sections are 1.2.1.1 Without Load Shaping GRSPs. The applicable sections are identified for each adjustment. Purchaser’s 2-year Demand identified for each adjustment. Subscription. 5.1. Rate Adjustments 5.1. Rate Adjustments 1.2.2. HLH Billing Energy Rate adjustment Section Rate adjustment Section 1.2.2.1 With Load Shaping Industrial Exemption/Curtailment . II.H. For purchasers of 2-year power only. Deviation Adjustment ...... II.D. Operating Reserves Adjustment .. II.K. Purchaser’s HLH Measured Energy. Industrial Exemption/Curtailment . II.H. Preschedule Change Charge ...... II.M. For purchasers of a combination of 2- Operating Reserves Adjustment .. II.K. Reactive Power Charge ...... II.N. Preschedule Change Charge ...... II.M. Unauthorized Increase Charge .... II.Q. year and 5-year power. Purchaser’s HLH Measured Energy Reactive Power Charge ...... II.N. Unauthorized Increase Charge .... II.Q. 5.2. Special Rate Provisions minus the Purchaser’s 5-year HLH Billing Energy. 5.2. Special Rate Provisions Special rate provisions Section 1.2.2.2 Without Load Shaping Special rate provisions Section Cost Contributions ...... II.B. Purchaser’s 2-year HLH Energy Subscription. Cost Contributions ...... II.B. C. IP Rates for Partial Requirements DSI 1.2.3. LLH Billing Energy Purchasers who Purchase Under ‘‘1996’’ Schedule IP–96.5—Industrial Firm Power Sales Contracts 1.2.3.1 With Load Shaping Power Rate For purchasers of 2-year power only. Partial Requirements customers Section I. Availability purchasing power under a ‘‘1996’’ Purchaser’s LLH Measured Energy. power sales contract may purchase Load For purchasers of a combination of 2- This schedule is available to BPA’s Shaping. All customers in BPA’s load year and 5-year power. direct-service industrial (DSI) customers control area are required to buy Load Purchaser’s LLH Measured Energy for firm power to be used in their Regulation, and customers outside of minus the Purchaser’s 5-year LLH industrial operations for a 5-year period, BPA’s load control area may not buy Billing Energy. October 1, 1996, through September 30, 2001. At their election, customers may Load Regulation. Partial Requirements 1.2.3.2 Without Load Shaping customers must elect either Network purchase all or any designated portion Integration Transmission service at the Purchaser’s 2-year LLH Energy of their power under this rate schedule Network Integration (NT) rate or Point- Subscription. as an alternative to purchasing power to-Point Transmission service at the 2. DSI Load Shaping under the IP–96.2 rate schedule. Point-to-Point (PTP) rate. Customers making such an election 2.1 Rate shall agree to purchase the designated 1. Industrial Firm Power $187/aMW. amount of power exclusively from BPA 1.1. Rates for 5 years. Such election shall be a one- 2.2 Billing Factor time irrevocable election and, as to the 1.1.1. Demand Charge For purchasers of 2-year power only. amount of power so designated, shall Applicable months Rate Purchaser’s Calculated Energy constitute a waiver of all rights to Capacity minus the Purchaser’s purchase power under any other power All Months of the Year ...... $0.56/kW-mo. Industrial Exemption, if any. rate schedule for the 5-year period. The For purchasers of a combination of 2- election process is described in section 1.1.2. Energy Charge year and 5-year power. II.E. of the GRSPs. There is no charge for Load Shaping Both DSIs that purchase power under Applicable months HLH LLH under the IP–96.2 rate schedule. power sales contracts that were effective rate rate on or before September 30, 1996 3. Load Regulation (hereinafter termed the ‘‘1981’’ September±December ...... 22.29 19.72 3.1 Rate and Billing Factor January±March ...... 23.11 20.36 contracts), and DSIs that purchase April ...... 20.73 19.54 For purchasers of 2-year power only. power under new contracts (hereinafter May±June ...... 13.67 10.82 0.25 mills/kWh multiplied by termed the ‘‘1996’’ contracts) are eligible July ...... 15.96 12.84 Purchaser’s Retail Load. to purchase under this rate schedule. August ...... 20.18 16.69 For purchasers of a combination of 2- Customers electing to purchase power year and 5-year power. under this rate schedule and continuing 1.2. Billing Factors There is no charge for Load to receive service pursuant to their 1.2.1. Billing Demand Regulation under the IP–96.2 rate ‘‘1981’’ power sales contract further schedule. waive any rights to terminate service 1.2.1.1 With Load Shaping under that contract upon 12 months’ For purchasers of 2-year power only. 4. Transmission notice. This waiver does not, however, Purchaser’s Measured Demand that The transmission charge for deliveries preclude customers from signing ‘‘1996’’ occurs during the hour of the Monthly under this rate shall be the charge for power sales contracts for an amount of Transmission Peak Load. Network Integration service under the power equal to or greater than the Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36489 amount designated to be purchased 1. Industrial Firm Power 4. Adjustments, Charges, and Special under the 5-year rate. Products available 1.1. Rates Rate Provisions under this rate schedule are defined in 1.1.1. Demand Charge All adjustments are described in the BPA’s General Rate Schedule Provisions GRSPs. The applicable sections are (GRSPs). Rates under contracts that Applicable months Rate identified for each adjustment. contain charges that escalate based on 4.1. Rate Adjustments rates listed in this rate schedule shall All Months of the Year ...... $0.56/kW-mo. include applicable transmission Rate adjustment Section charges. 1.1.2. Energy Charge Sales under the IP–96.5 rate schedule Curtailment Charge ...... II.C. are subject to BPA’s GRSPs. For sales HLH LLH Operating Reserves Adjustment .. II.K. Applicable months rate rate under this rate schedule, bills shall be Preschedule Change Charge ...... II.M. Reactive Power Charge ...... II.N. rendered and payments shall be due September±December ...... 22.29 19.72 Transitional Service ...... II.P. pursuant to BPA’s Billing Procedures. January±March ...... 23.11 20.36 Unauthorized Increase Charge .... II.Q. April ...... 20.73 19.54 Section II. Rates, Billing Factors, and May±June ...... 13.67 10.82 Adjustments for Each IP Product July ...... 15.96 12.84 4.2. Special Rate Provisions August ...... 20.18 16.69 For each customer designation, the Special rate provisions Section rate(s) for each product along with the 1.2. Billing Factors Cost Contributions ...... II.B. associated billing factor(s) are identified in separate sections of the rate schedule. 1.2.1. Billing Demand B. IP Rates for Full Requirements DSI The rates for each customer designation For purchasers of 5-year power only. Purchasers who Purchase Under ‘‘1996’’ are identical; the billing factors, Purchaser’s BPA Operating Level that Power Sales Contracts however, vary according to the customer occurs during the hour of the Monthly designation. Applicable adjustments Transmission Peak Load. Full Requirements customers and special rate provisions are listed for For purchasers of a combination of 2- purchasing power under a ‘‘1996’’ each customer designation. Under the year and 5-year power. power sales contract are required to buy power sales contracts, the DSIs provide The lower of: Load Shaping, Load Regulation, and operating reserves and stability reserves. Purchaser’s BPA Operating Level that either Network Integration Transmission The credit for these reserves is reflected occurs during the hour of the Monthly service at the Network Integration (NT) rate or Point-to-Point Transmission in the level of the applicable energy Transmission Peak Load or service at the Point-to-Point (PTP) rate. charges specified in this rate schedule. Purchaser’s 5-year Demand Network Integration transmission Subscription. 1. Industrial Firm Power service at the Network Integration (NT) 1.2.2. HLH Billing Energy 1.1. Rates rate or Point-to-Point transmission service at the Point-to-Point (PTP) rate For purchasers of 5-year power only. 1.1.1. Demand Charge is required for purchases under this rate Purchaser’s HLH Measured Energy. Applicable months Rate schedule. For purchasers of a combination of 2- year and 5-year power. All Months of the Year ...... $0.56/kW-mo. This rate schedule contains three The lower of: subsections, corresponding to the Purchaser’s HLH Measured Energy or 1.1.2. Energy Charge customer categories to which this rate Purchaser’s 5-year HLH Energy schedule applies: Subscription. HLH LLH Section II.A Applies to DSI Applicable months 1.2.3. LLH Billing Energy rate rate purchasers who purchase under ‘‘1981’’ power sales contracts. For purchasers of 5-year power only. September±December ...... 22.29 19.72 Purchaser’s LLH Measured Energy. January±March ...... 23.11 20.36 Section II.B Applies to Full April ...... 20.73 19.54 Requirements DSI purchasers who For purchasers of a combination of 2- year and 5-year power. May±June ...... 13.67 10.82 purchase under ‘‘1996’’ contracts. July ...... 15.96 12.84 The lower of: August ...... 20.18 16.69 Section II.C Applies to Partial Purchaser’s LLH Measured Energy or Requirements DSI purchasers who Purchaser’s 5-year LLH Energy 1.2. Billing Factors purchase under ‘‘1996’’ contracts. Subscription. 1.2.1. Billing Demand A. IP Rates for DSI Purchasers who 2. Load Regulation Purchase Under ‘‘1981’’ Power Sales For purchasers of 5-year power only. 2.1. Rate and Billing Factor Contracts Purchaser’s Measured Demand that 0.25 mills/kWh multiplied by occurs during the hour of the Monthly DSI Purchasers purchasing power Purchaser’s Retail Load. Transmission Peak Load. under a ‘‘1981’’ power sales contract are For purchasers of a combination of 2- required to buy Load Regulation and 3. Transmission year and 5-year power. either Network Integration Transmission The transmission charge for deliveries The lower of: service at the Network Integration (NT) under this rate shall be the charge for Purchaser’s Measured Demand that rate or Point-to-Point Transmission Network Integration service under the occurs during the hour of the Monthly service at the Point-to-Point (PTP) rate. Network Integration (NT) rate or the Transmission Peak Load or charge for Point-to-Point service under Purchaser’s 5-year Demand the Point-to-Point (PTP) rate. Subscription. 36490 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 1.2.2. HLH Billing Energy power sales contract may purchase Load Purchaser’s LLH Measured Energy. For purchasers of 5-year power only. Shaping. All customers in BPA’s load For purchasers of a combination of 2- Purchaser’s HLH Measured Energy. control area are required to buy Load year and 5-year power. For purchasers of a combination of 2- Regulation, and customers outside of The lower of: year and 5-year power. BPA’s load control area may not buy Purchaser’s LLH Measured Energy or Purchaser’s 5-year LLH Energy The lower of: Load Regulation. Partial Requirements Purchaser’s HLH Measured Energy or customers must elect either Network Subscription. Purchaser’s 5-year HLH Energy Integration Transmission service at the 1.2.3.2 Without Load Shaping Subscription. Network Integration (NT) rate or Point- to-Point Transmission service at the Purchaser’s 5-year LLH Energy 1.2.3. LLH Billing Energy Point-to-Point (PTP) rate. Subscription. For purchasers of 5-year power only. 1. Industrial Firm Power 2. DSI Load Shaping Purchaser’s LLH Measured Energy. 2.1 Rate For purchasers of a combination of 2- 1.1. Rates year and 5-year power. 1.1.1. Demand Charge $187/aMW. The lower of: 2.2 Billing Factor Purchaser’s LLH Measured Energy or Applicable months Rate Purchaser’s 5-year LLH Energy Purchaser’s Calculated Energy Subscription. All Months of the Year ...... $0.56/kW-mo. Capacity minus the Purchaser’s Industrial Exemption, if any. 2. DSI Load Shaping 1.1.2. Energy Charge 3. Load Regulation 2.1. Rate HLH LLH 3.1 Rate and Billing Factor $187/aMW. Applicable months rate rate 0.25 mills/kWh multiplied by 2.2 Billing Factor September±December ...... 22.29 19.72 Purchaser’s Retail Load. January±March ...... 23.11 20.36 Purchaser’s Calculated Energy 4. Transmission Capacity minus the Purchaser’s April ...... 20.73 19.54 Industrial Exemption, if any. May±June ...... 13.67 10.82 The transmission charge for deliveries July ...... 15.96 12.84 under this rate shall be the charge for 3. Load Regulation August ...... 20.18 16.69 Network Integration service under the 3.1. Rate and Billing Factor Network Integration (NT) rate or the 1.2. Billing Factors charge for Point-to-Point service under 0.25 mills/kWh multiplied by the Point-to-Point (PTP) rate. Purchaser’s Retail Load. 1.2.1. Billing Demand 1.2.1.1 With Load Shaping 5. Adjustments, Charges, and Special 4. Transmission For purchasers of 5-year power only. Rate Provisions The transmission charge for deliveries Purchaser’s Measured Demand that All adjustments are described in the under this rate shall be the charge for occurs during the hour of the Monthly GRSPs. The applicable sections are Network Integration service under the Transmission Peak Load. identified for each adjustment. Network Integration (NT) rate or the For purchasers of a combination of 2- charge for Point-to-Point service under year and 5-year power. 5.1. Rate Adjustments the Point-to-Point (PTP) rate. The lower of: Rate adjustment Section 5. Adjustments, Charges, and Special Purchaser’s Measured Demand that occurs during the hour of the Monthly Rate Provisions Deviation adjustment ...... II.D. Transmission Peak Load or Purchaser’s All adjustments are described in the Industrial exemption/curtailment .. II.H. 5-year Demand Subscription. Operating reserves adjustment .... II.K. GRSPs. The applicable sections are 1.2.1.1 Without Load Shaping Preschedule change charge ...... II.M. identified for each adjustment. Reactive power charge ...... II.N. Purchaser’s 5-year Demand 5.1. Rate Adjustments Unauthorized increase charge ..... II.Q. Subscription. Rate adjustment Page 1.2.2. HLH Billing Energy 5.2. Special Rate Provisions Industrial Exemption/Curtailment . II.H. 1.2.2.1 With Load Shaping Special rate provisions Section Operating Reserves Adjustment .. II.K. For purchasers of 5-year power only. Preschedule Change Charge ...... II.M. Purchaser’s HLH Measured Energy. Cost contributions ...... II.B. Reactive Power Charge ...... II.N. For purchasers of a combination of 2- Unauthorized Increase Charge .... II.Q. year and 5-year power. Schedule VI–96—Variable Industrial The lower of: Power Rate 5.2. Special Rate Provisions Purchaser’s HLH Measured Energy or Purchaser’s 5-year HLH Energy Section I. Availability Special rate provisions Page Subscription. This schedule is available to BPA’s direct-service industrial (DSI) customers Cost Contributions ...... II.B. 1.2.2.2 Without Load Shaping for firm power to be used in their Purchaser’s 5-year HLH Energy aluminum and nickel smelting C. IP Rates for Partial Requirements DSI Subscription. operations). Only DSIs that purchase Purchasers who Purchase Under ‘‘1996’’ 1.2.3. LLH Billing Energy power under the 1996 Contract) and that Power Sales Contracts have signed a new Variable Industrial Partial Requirements customers 1.2.3.1 With Load Shaping Rate Contract are eligible to purchase purchasing power under a ‘‘1996’’ For purchasers of 5-year power only. under this rate schedule. BPA is not Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36491 obligated to sell power under this rate customer incorporating such formula, between the Lower Pivot Aluminum or schedule. Products available under this BPA has the ability to hedge the Nickel Price and the Upper Pivot rate schedule are defined in BPA’s aluminum or nickel price risk inherent Aluminum or Nickel Price inclusive. In General Rate Schedule Provisions in such rate formula, at zero cost to the case of variable industrial rate (GRSPs). BPA, by entering into transactions with formulas that do not contain pivot A customer electing to purchase one or more substantial financial prices, the monthly Energy Charge shall power under this rate schedule must institutions. be the Base Energy Charge when the first elect service to its entire load under (‘‘Zero cost to BPA’’ means that either monthly billing aluminum or nickel either the IP–96.2 rate schedule or the a) BPA will incur no cost to hedge the price equals the price established in the IP–96.5 rate schedule. The purchaser price risk of the variable rate, or b) BPA customer’s Variable Industrial Rate may not purchase power under both rate will recover the sum it pays to hedge the Contract at which the Base Energy schedules pursuant to the election price risk of the variable rate from the Charge applies. process described in section II.E. of the applicable customer, either as a lump The Lower Pivot Aluminum or Nickel GRSPs. Any variable rate established sum paid at the time BPA and the Price is the aluminum or nickel price pursuant to this rate schedule will apply customer enter into the Variable Rate established in an individual customer’s to the purchaser’s entire load. Contract, or over a time period no longer Variable Industrial Rate Contract such At the expiration of the variable rate than the term of the variable rate that the monthly energy charge formula, a new one can be established, formula incorporated in such contract. decreases when the monthly billing or the customer may purchase power In the event that such sum is recovered aluminum or nickel price is below such under the applicable IP rate. However, over time, it shall bear interest at the price. the total term of all variable rate rate payable on the Bonneville Fund in The Upper Pivot Aluminum or Nickel formulas for any DSI customer shall not the United States Treasury at the time Price is the aluminum or nickel price be longer than 2 years under the IP–96.2 BPA and the customer enter into the established in an individual customer’s rate schedule and five years under the Variable Rate Contract.) Variable Industrial Rate Contract such IP–96.5 rate schedule. Individual rate formulas may be that the monthly energy charge This rate schedule supersedes established for any period from one to increases when the monthly billing Schedule VI–95, which went into effect two years, in the case of customers aluminum or nickel price is above such on October 1, 1995. Sales under the VI– purchasing power under the IP–96.2 price. 96 rate schedule are subject to BPA’s rate schedule, and for any period from General Rate Schedule Provisions. For one to five years, in the case of 2. Billing Factors sales under this rate schedule, bills shall customers purchasing power under the 2.1. Billing Demand be rendered and payments shall be due IP–96.5 rate schedule. At the expiration Purchaser’s Demand Subscription. pursuant to BPA’s Billing Procedures. of any rate formula, a new rate formula for that customer may be established 2.2. Billing Energy Section II. Rates, Billing Factors, and pursuant to the guidelines stated in this Purchaser’s Energy Subscription. Adjustments section, or the customer may purchase A. Variable Industrial Firm Power power under the applicable Industrial B. Transmission Firm Power rate schedule. However, the 1. Rates The transmission charge for deliveries total term of all variable rate formulas under this rate shall be the charge for The variable rate formula will be for any single DSI purchaser shall not be Network Integration service under the based on the IP rate under which the longer than two years in the case of Network Integration (NT) rate or the customer has elected service. The customers that have elected service charge for Point-to-Point service under Demand Charge for the variable rate will under the IP–96.2 rate schedule, and the Point-to-Point (PTP) rate. be the same as the Demand Charge in five years in the case of customers that the applicable IP rate. The Base Energy have elected service under the IP–96.5 C. Adjustments, Charges, and Special Charge will be the average annual rate schedule. Rate Provisions charge that results from applying the The monthly Energy Charge shall be All adjustments are described in the Energy Charges and the Load Regulation based on the monthly billing aluminum GRSPs. The applicable sections are charge from the applicable IP rate to the or nickel price. The monthly billing identified for each adjustment. customer’s forecasted load. For aluminum or nickel price shall be the customers that have elected service average price of aluminum or nickel, in 1. Rate Adjustments under the IP–96.2 rate schedule, upon dollars per metric ton, on the London the expiration of such schedule the Base Metal Exchange (LME) during the Rate adjustment Section Energy Charge shall be such annual calendar month immediately preceding Preschedule Change Charge ...... II.M. average charge from any subsequent the billing month. The average price Reactive Power Charge ...... II.N. Industrial Firm Power Rate Schedule during the month shall equal the Unauthorized Increase Charge .... II.Q. under which such customer elects average of all official LME daily cash service. settlement prices during such month 2. Special Rate Provisions The monthly Energy Charge varies rounded to the nearest dollar. BPA and with the price of aluminum, in the case each customer may agree to base the Special rate provisions Section of customers engaged in primary monthly energy charge on the average aluminum reduction, and with the price price of aluminum or nickel during a Cost Contributions ...... II.B. of nickel, in the case of customers month other than the immediately engaged in primary nickel reduction. preceding month. Schedule NF–96—Nonfirm Energy Rate Individual rate formulas will be In the case of variable industrial rate established for each customer. Each rate formulas that contain pivot prices, the Section I. Availability formula shall be such that, at the time monthly Energy Charge shall be the This schedule is available for the BPA enters into a Variable Industrial Base Energy Charge when the monthly purchase of nonfirm energy to be used Rate Contract with the individual billing aluminum or nickel price is both inside and outside the United 36492 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices States including sales under the be the Measured Energy unless amount equal to the amount of Market Western Systems Power Pool (WSPP) otherwise specified by contract. Expansion rate energy purchased; or agreements and sales to consumers. BPA c. shutdown or reduction of the C. Adjustments for Nonfirm Energy is not obligated to offer nonfirm energy identified output of the resource(s) to any purchaser that results in All adjustments are described in the indirectly in an amount equal to the displacement of firm power purchases GRSPs. The applicable sections are amount of Market Expansion rate energy under BPA’s ‘‘1981’’ or ‘‘1996’’ Power identified for each adjustment. purchased (for example, the purchase may be used to run a pumped storage Sales Contracts. The offer of nonfirm 1. Rate Adjustments energy under this schedule shall be unit); or determined by BPA. For purchases Rate adjustment Section d. decrease of an end-user alternate under this rate schedule, transmission fuel source in an amount equivalent to service over FCRTS facilities shall be Guaranteed Delivery Charge ...... II.G. the amount of Market Expansion rate available at the applicable transmission Preschedule Change Charge ...... II.M. energy purchased. Reactive Power Charge ...... II.N. rate schedule. 3. Eligibility Criteria for Market This rate schedule supersedes Expansion Rate schedule NF–95, which went into effect 2. Special Rate Provisions on October 1, 1995. Sales under the NF– a. When only one Market Expansion 96 rate schedule are subject to BPA’s Special rate provision Section rate is offered: Purchasers satisfying the General Rate Schedule Provisions. For Market Expansion Rate Qualifying sales under this rate schedule, bills shall Cost Contributions ...... II.B. Criteria specified in section III.B.2, NF Rate Cap ...... II.J. be rendered and payments due pursuant above, who purchased nonfirm energy to BPA’s Billing Procedures. directly from BPA are eligible to Section III. Determination of the purchase power under the Market Section II. Rates, Billing Factors, and Applicable NF Rate Expansion rate offered if the Adjustments Any time that BPA has nonfirm decremental cost of the qualifying The average cost of nonfirm energy is energy for sale, the Standard rate, the resource, purchase, or qualifying 20.92 mills per kilowatt-hour. The NF– Market Expansion rate, the Incremental alternative fuel source is lower than the 96 rate schedule provides for upward rate, the Contract rate, or any Standard rate in effect plus 2.00 mills and downward pricing flexibility from combination of these rates may be in per kilowatt-hour. this average nonfirm energy cost. All effect. Purchasers qualifying under section rates and any subsequent adjustments III.B.2 who purchase nonfirm energy contained in this rate schedule shall not A. Standard Rate through a third party are eligible to exceed in total the NF Rate Cap The Standard rate: purchase power under the Market calculated in accordance with the 1. is available for all purchases of Expansion rate offered if the cost of the methodology specified in the nonfirm energy; and qualifying alternative fuel source is Adjustments, Charges, and Special Rate 2. applies to nonfirm energy lower than the Standard rate in effect Provisions section of this document. purchased pursuant to the Relief from plus 4.00 mills per kilowatt-hour. b. When more than one Market A. Rates for Nonfirm Energy Overrun Exhibit to the ‘‘1981’’ utility power sales contract. Expansion rate is offered: Purchasers 1. Standard Rate qualifying under section III.B.2 who B. Market Expansion Rate purchase nonfirm energy directly from The Standard rate is any offered rate BPA are eligible to purchase power not to exceed 25.12 mills per kilowatt- 1. Application of the Market Expansion under the Market Expansion rate if the hour. Rate decremental cost of the qualifying 2. Market Expansion Rate The Market Expansion rate applies resource, purchase, or qualifying when BPA determines that all markets alternative fuel source is lower than the The Market Expansion rate is any at the Standard rate have been satisfied offered rate below the Standard rate in Standard rate in effect plus 2.00 mills and BPA offers additional nonfirm per kilowatt-hour. The rate applicable to effect. BPA may have one or more energy. Market Expansion rates in effect a purchaser shall be the highest Market simultaneously. 2. Market Expansion Rate Qualification Expansion rate offered that is below the Criteria purchaser’s qualifying decremental cost 3. Incremental Rate minus 2.00 mills per kilowatt-hour. In order to purchase nonfirm energy The Incremental Rate is the Purchasers qualifying under section at the Market Expansion rate, a Incremental Cost of energy plus 2.00 III.B.2 who purchase nonfirm energy purchaser must: mills per kilowatt-hour, where the through a third party are eligible to a. have a displaceable resource, Incremental Cost is defined as all purchase power under the Market displaceable purchase of electricity, or identifiable costs (expressed in mills per Expansion rate if the decremental cost b. be an end-user load with a kilowatt-hour) that BPA would have of the qualifying alternative fuel source displaceable alternative fuel source. In avoided had it not produced or is lower than the Standard rate plus 4.00 addition, a purchaser must demonstrate purchased the energy being sold under mills per kilowatt-hour. The rate one of the following: this rate. applicable to a purchaser shall be the a. shutdown or reduction of the highest Market Expansion rate offered 4. Contract Rate output of the displaceable resource in that is below purchaser’s qualifying The Contract Rate is 20.92 mills per an amount equal to the amount of decremental cost minus 4.00 mills per kilowatt-hour. Market Expansion rate energy kilowatt-hour. purchased; or B. Billing Factor for Nonfirm Energy b. reduction of a displaceable C. Incremental Rate The billing factor for nonfirm energy purchase and the output of the resource The Incremental rate applies to sales purchased under this rate schedule shall associated with that purchase, in an of energy: Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36493 1. that is produced or purchased by F. End-User Rate Schedule RP–96—Reserve Power Rate BPA concurrently with the nonfirm energy sale; BPA may agree to a rate or rate Section I. Availability 2. that BPA may at its option not formula for nonfirm energy purchases by end-users. Such rate or rate formula This schedule is available for the produce or purchase; and purchase of power: 3. that has an Incremental Cost greater shall be within the limits specified for than the Standard rate (plus the Intertie the Standard and Market Expansion A. In cases where a purchaser’s power Charge, if applicable) less 2.00 mills per rates but may differ from the actual rates sales contract states that the rate for kilowatt-hour. offered during any hour. Reserve Power shall be applied; D. Contract Rate Section IV. Delivery B. For which BPA determines no other rate schedule is applicable; or The Contract rate applies to contracts A. Rate of Delivery (except power sales contracts offered C. To serve a purchaser’s firm power pursuant to sections 5(b), 5(c), and 5(g) BPA shall determine the amount of load in circumstances where BPA does of the Northwest Power Act) that refer nonfirm energy to be made available for not have a power sales contract in force to the Contract rate: each hour. Such determination shall be with such purchaser, and BPA 1. for the sale of nonfirm energy; or made for each applicable nonfirm determines that this rate should be energy rate. 2. for determining the value of energy. applied. E. Western Systems Power Pool B. Guaranteed Delivery This rate schedule may be applied to Transactions (WSPP) 1. Availability power purchased by entities outside the United States. This rate schedule BPA may make available nonfirm BPA will determine the amount and supersedes Schedule RP–95, which energy for transactions under the WSPP duration of nonfirm energy to be offered agreement. WSPP sales shall be subject went into effect on October 1, 1995. on a guaranteed basis. Such daily or to the terms and conditions specified in Sales under this schedule are subject to hourly amounts may be as small as zero the WSPP agreement and shall be or as much as all the nonfirm energy BPA’s General Rate Schedule consistent with regional and public that BPA plans to offer for sale on such Provisions. For sales under this rate preference. The rate for transactions days. schedule, bills shall be rendered and under the WSPP agreement is any rate payments due pursuant to BPA’s Billing within the limits specified by the 2. Conditions Procedures. Standard, Market Expansion, and Incremental rates but may not exceed Scheduled amounts of guaranteed Section II. Rate nonfirm energy may not be changed the maximum rate specified in the A. Demand Charge WSPP Agreement. The rate for WSPP except: a. when BPA and the purchaser sales may differ from the actual rate Applicable months Rate offered for non-WSPP transactions in mutually agree to increase or decrease any hour. The rate for WSPP the scheduled amounts; or All Months of the Year ...... $0.56/kW-mo. transactions is independent of any other b. when BPA must reduce nonfirm rate offered concurrently under this rate energy deliveries in order to serve firm B. Energy Charge schedule outside that agreement. loads. Applicable months HLH rate LLH rate September±December ...... 24.3 mills/kWh ...... 21.5 mills/kWh. January±March ...... 25.2 mills/kWh ...... 22.2 mills/kWh. April ...... 22.6 mills/kWh ...... 21.3 mills/kWh. May±June ...... 14.9 mills/kWh ...... 11.8 mills/kWh. July ...... 17.4 mills/kWh ...... 14.0 mills/kWh. August ...... 22.0 mills/k ...... 18.2 mills/kWh. Section III. Billing Factors shall be the HLH and LLH Measured Schedule PS–96—Power Shortage Rate Energy. Schedule A. Billing Demand Section IV. Adjustments, Charges, and Section I. Availability If applicable, the billing demand shall Special Rate Provisions This schedule is available inside the be the Contract Demand as specified in All adjustments are described in the Pacific Northwest for the purchase of the power sales contract. Otherwise, the GRSPs. The applicable sections are Shortage Power by signatories to the billing demand shall be the Measured identified for each adjustment. Share-the-Shortage Agreement, or a Demand that occurs during the hour of similar substitute agreement. Any A. Rate Adjustments the Monthly Transmission Peak Load. transactions entered into by BPA B. Billing Energy Rate adjustment Section pursuant to a Share-the-Shortage Agreement shall be subject to the terms The billing energy shall be the Reactive Power Charge ...... II.N. and conditions specified in that Contract Demand multiplied by the agreement. The PS–96 rate does not number of hours in the billing month, B. Special Rate Provisions incorporate the Agreement, but the if use of the Contract Demand for Agreement controls if there is any determining billing energy is specified Special rate provisions Section conflict between the PS–96 rate and the in the power sales contract. Otherwise, Agreement. The PS–96 rate shall not be the Billing Energy for such purchasers Cost Contributions ...... II.B. available for transactions with a party 36494 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices who triggers the Share-the-Shortage Section IV. Transmission Section II. Rates, Billing Factors, and Agreement if BPA elects to meet its The transmission charge for deliveries Adjustments required service obligations under the under this rate shall be the charge for agreement by entering into an This section of the rate schedule is Network Integration service under the organized as follows: alternative agreement. Network Integration (NT) rate or the This rate schedule is also available charge for Point-to-Point service under Section II.A. Rates, billing factors, and inside the Pacific Northwest when BPA the Point-to-Point (PTP) rate. adjustments for Firm Power. arranges for the purchase of energy at Section II.B. Rates, billing factors, and the request of, and for the account of, a Section V. Adjustments, Charges, and adjustments for Supplemental Control customer pursuant to a Share-the- Special Rate Provisions Area Services. Shortage Agreement. All adjustments are described in the Section II.C. Rates, billing factors, and BPA is not obligated either to make GRSPs. The applicable sections are adjustments for Shaping Services. Shortage Power available or to broker identified in parentheses for each power under this rate schedule unless adjustment. A. Firm Power specified by contract. A. Rate adjustments 1. Rates This schedule supersedes schedule 1.1 Contract Rate PS–95, which went into effect on Rate Adjustment Section October 1, 1995. Sales under the PS–96 1.1.1 Demand Charge rate schedule are subject to BPA’s Deviation Adjustment ...... II.D. General Rate Schedule Provisions Reactive Power Charge ...... II.N. Applicable months Rate (GRSPs), and BPA’s Billing Procedures. B. Special Rate Provisions All Months of the Year ...... $0.56/kW-mo. Section II. Rates A. Power Rate Special rate provisions Section 1.1.2 Energy Charge The power rate is any offered rate not Cost Contributions ...... II.B. Applicable months HLH LLH to exceed the lesser of: rate rate 1. 100.00 mills per kilowatt-hour; or Schedule FPS–96—Firm Power September±December ...... 36.61 32.39 2. the maximum rate specified in the Products and Services January±March ...... 37.97 33.45 Share-the Shortage Agreement. The Section I. Availability April ...... 34.05 32.09 offered rate may be specified as an May±June ...... 22.45 17.78 energy charge only or as demand and This rate schedule is available for the July ...... 26.22 21.09 energy charges. purchase of Firm Power, Control Area August ...... 33.15 27.42 Services that are not defined as ancillary B. Brokering Rate services, and Shaping Services for use 1.2 Flexible Rate The brokering rate may be up to 1.00 inside and outside the Pacific Northwest during the period beginning October 1, Demand and/or energy charges may mill per kilowatt-hour for services be specified at a higher or lower average provided when BPA arranges for energy 1996, and ending September 30, 2005. Products and services available under rate as mutually agreed by BPA and the purchases for a customer from a seller Purchaser. other than BPA. this rate schedule are described in the ‘‘Definitions’’ section of BPA’s General 1.3 Reservation Charge Section III. Billing Factors Rate Schedule Provisions (GRSPs). BPA A. Power Purchases is not obligated to enter into agreements The reservation charge for reserving to sell products and services under this the right to change future delivery of The billing factors shall be the rate schedule or make power or energy firm energy and/or capacity may be as Contract Demand and Contract Energy, available under this rate schedule if established by BPA or as mutually unless otherwise specified in the such power or energy would displace agreed by BPA and the Purchaser. agreement initiating the Share-the- sales under the PF–96.2, PF–96.5, NR– 2. Billing Factors Shortage sales transaction. 96.2, NR–96.5, IP–96.2, IP–96.5, or VI– 2.1 Billing Demand B. Brokering Services 96 rate schedules or their successors. Sales under the FPS–96 rate schedule When BPA arranges for energy are subject to BPA’s GRSPs. For The Billing Demand for Firm Power purchases at the request of a customer, purchases under this rate schedule, shall be the Contract Demand unless the purchaser shall be billed for such transmission service over FCRTS otherwise agreed by BPA and the services based on the total number of facilities shall be available under the Purchaser. kilowatt-hours purchased. applicable transmission rate schedule, 2.2 Billing Energy The charge for power brokering only and ancillary services shall be available applies to the service provided by BPA under the Ancillary Products and The Billing Energy for Firm Power of finding purchased power for a Services (APS) rate schedule. shall be the Contract Energy unless customer from a seller other than BPA. This rate schedule supersedes the otherwise agreed by BPA and the BPA may agree to provide other services Surplus Firm Power (SP–93) and Purchaser. in addition to finding purchased power, Emergency Capacity (CE–95) rate 2.3 Billing Factor for Reserved Firm but these services shall be billed schedules. Sales under this schedule are Power separately at charges specified in the made subject to BPA’s General Rate appropriate rate schedule(s) or Schedule Provisions. For sales under The billing factor for reserved Firm agreement(s). Such services may this rate schedule, bills shall be Power shall be as specified by BPA or include, but are not limited to, wheeling rendered and payments due pursuant to as mutually agreed by BPA and the and load shaping. BPA’s Billing Procedures. Purchaser. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36495 3. Adjustments 2. Billing Factor payments due pursuant to BPA’s Billing Procedures. All adjustments are described in the 2.1 Billing Factor for Shaping Services GRSPs. The applicable sections are The Billing Factor(s) shall be as Section II. Rates and Billing Factors identified for each adjustment. specified by BPA or as mutually agreed This section of the rate schedule is by BPA and the Purchaser. 3.1 Rate Adjustments organized as follows: 2.2 Billing Factors for Reservation of Section II.A Identifies the rates and Rate adjustment Section the Right to Purchase Shaping Services billing factors for Scheduling and The Billing Factor(s) shall be as Dispatching. Energy Return Surcharge ...... II.F. Section II.B Identifies the rates and Preschedule Change Charge ...... II.M. specified by BPA or as mutually agreed Reactive Power Charge ...... II.N. by BPA and the Purchaser. billing factors for Control Area Reserves Unauthorized Increase Charge .... II.Q. for Resources. 3. Adjustments Section II.C Identifies the rates and 3.2 Special Rate Provisions All adjustments are described in the billing factors for Control Area Reserves GRSPs. The applicable sections are for Interruptible Purchases. Special rate provisions Section identified for each adjustment. Section II.D Identifies the rates and 3.1 Rate Adjustments billing factors for Load Regulation. Cost Contributions ...... II.B. Section II.E Identifies the rates and Rate adjustment Section billing factors for Transmission Losses. B. Control Area Services That Are Not Ancillary Services Energy Return Surcharge ...... II.F. A. Scheduling and Dispatching Preschedule Change Charge ...... II.M. 1. Rates 1. Rates Reactive Power Charge ...... II.N. Unauthorized Increase Charge .... II.Q. 1.1 Rate for Scheduling and The rate(s) shall be as specified by Dispatching BPA or as mutually agreed by BPA and the Purchaser. 3.2 Special Rate Provisions The rate for scheduling and dispatching service shall be $71 per 2. Billing Factors Special rate provisions Section Preschedule. The billing factor(s) for control area Cost Contributions ...... II.B. 1.2 Rate for Preschedule Change services shall be as specified by BPA or The rate for Preschedule Changes as mutually agreed by BPA and the APS–96—Ancillary Products and Purchaser. Services shall be $33 per change. 3. Adjustments Section I. Availability 2. Billing Factors This rate schedule is available for 2.1 Billing Factor for Scheduling and All adjustments are described in the Dispatch GRSPs. The applicable sections are ancillary services necessary to support identified for each adjustment. the firm or non-firm delivery of power The billing factor shall be the sum of from resources to loads using the Preschedules made for each of the 3.1 Rate Adjustments Federal Columbia River Transmission Purchaser’s scheduling accounts per System (FCRTS) facilities. The ancillary billing month. Rate adjustment Section products and services available under this rate schedule are: Scheduling and 2.2 Billing Factor for Preschedule Energy Return Surcharge ...... II.F. Change Preschedule Change Charge ...... II.M. Dispatching; Control Area Reserves for Reactive Power Charge ...... II.N. Resources; Control Area Reserves for The billing factor shall be the sum of Unauthorized Increase Charge .... I.Q. Interruptible Purchases; Load Preschedule Changes made for each of Regulation; and Transmission Losses. the Purchaser’s scheduling accounts per 3.2 Special Rate Provisions These services are defined in the billing month. ‘‘Definitions’’ section of BPA’s General B. Control Area Reserves for Resources Special rate provisions Section Rate Schedule Provisions (GRSPs). This schedule is also available for ancillary 1. Rates Cost Contributions ...... II.B. services of a similar nature as BPA may be ordered by the Federal Energy The rates below for Control Area C. Shaping Services Regulatory Commission (FERC) Reserves For Resources apply to all pursuant to sections 211 and 212 of the hydro-electric and non-hydroelectric 1. Rate Federal Power Act (16 U.S.C. 824j and generating resources located in BPA—s 1.1 Rate for Shaping and Load 824k). control area. The rates below do not Factoring Service To the extent that FERC allows apply to such resources with generating transmitting utilities subject to the capacity of less than one MW. The rate shall be as specified by BPA Federal Power Act to sell ancillary 1.2 Rate for Control Area Reserves for or as mutually agreed by BPA and the services at rates other than stated rates, Hydroelectric Resources Purchaser. the provisions providing for a flexible 1.2.1 Stated Rate 1.2 Reservation Charge rate for the ancillary products or services provided in this schedule may The rate shall be $0.35 per kilowatt- The reservation charge for reserving apply. month of billing demand. the right to take future delivery of Sales under this schedule are made shaping services shall be as specified by subject to BPA’s General Rate Schedule 1.2.2 Flexible Rate BPA or as mutually agreed by BPA and Provisions. For sales under this rate The rate shall be specified by BPA for the Purchaser. schedule, bills shall be rendered and such service. 36496 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 1.3 Rate for Control Area Reserves for C. Control Area Reserves for ET–96—Energy Transmission Rate Non-Hydroelectric Resources Interruptible Purchases IS–96—Southern Intertie Transmission 1.3.1 Stated Rate 1. Rates Rate 1.1 Rate for Control Area Reserves for IN–96—Northern Intertie Transmission The rate shall be $0.50 per kilowatt- Rate month of billing demand. Interruptible Purchases IE–96—Eastern Intertie Transmission 1.3.2 Flexible Rate 1.1.1 Stated Rate Rate The rate shall be 4.00 mills per MT–96—Market Transmission Rate The rate shall be specified by BPA for kilowatt-hour. such service. UFT–96—Use-of-Facilities 1.1.2 Flexible Rate Transmission Rate 2. Billing Factors The rate shall be specified by BPA for AF–96—Advance Funding Rate 2.1 Billing Demand such service. TGT–96—Townsend-Garrison Transmission Rate If the Purchaser’s resource(s), 2. Billing Factor regardless of resource type, have A summary of the proposed 1996 The billing factor shall be the sum of appropriate metering equipment, the Transmission Rate Schedules is scheduled amounts of Interruptible billing demand shall be determined as provided below. Each of the rate Energy per billing month. specified in section 2.1.1 below. schedules includes sections specifying Otherwise, for the purchaser’s D. Load Regulation the service available under the rate hydroelectric resource(s) the billing 1. Rate schedule, the rates for the products and demand shall be determined in services offered under the schedule, the accordance with section 2.1.2, and for 1.1 Stated Rate billing factors, and other special the purchaser(s) thermal and any other The rate shall be 0.25 mills per provisions for rate adjustments, such as non-hydroelectric resource(s) the billing kilowatt-hour of billing energy. the discounts or penalties that apply to demand shall be determined in that rate schedule. 1.2 Flexible Rate accordance with section 2.1.3. Three new transmission rates are 2.1.1 Billing Demand for Metered The rate shall be specified by BPA for proposed: the Network Integration Resources such service. Transmission rate; the Point-to-Point 2. Billing Factor Transmission rate; and the Advance For service applicable to the Funding rate. Nonfirm rates in the Purchaser’s resource(s) regardless of The billing factor for load regulation proposed Southern Intertie, Northern type, having appropriate metering shall be the measured monthly kilowatt- Intertie, Eastern Intertie, and Energy equipment, the billing demand shall be hours of the purchaser’s Retail Load. Transmission rate schedules are revised the average metered energy for each E. Transmission Losses to allow for downward flexibility from resource for the billing month. the stated cost. A Reservation Fee for 1. RATE 2.1.2 Billing Demand for Hydroelectric Transmission Capacity and a Reactive Resources 1.1 Stated Rate Power Charge are included in many of the transmission rate schedules. BPA For service applicable to the For agreements that provide the option of purchasing transmission also has provided for charging Purchaser’s hydroelectric resource(s) the opportunity costs in the firm billing demand shall be the total losses, the rate shall be 29.34 mills per kilowatt-hour. transmission rates for new requests for Resource Capability, as specified in transmission capacity. The Ancillary section B.2.1.4, for the Purchaser’s 1.2 Flexible Rate Products and Services rate schedule hydroelectric resource(s), multiplied by The rate shall be specified by BPA for which specifies the charges for ancillary a capacity factor of 0.60. such service. services that may be required to use 2.1.3 Billing Demand for Non- BPA’s transmission system is included 2. Billing Factor Hydroelectric Resources in BPA’s wholesale power rate proposal. The Billing Factor shall be the amount 1. Formula Power Transmission (FPT– For service applicable to the of losses for the billing month 96) Purchaser’s thermal resource(s) and any calculated as specified in the applicable other non-hydro-electric resource(s), the Agreement. The FPT–96 rate is available for the billing demand shall be the total firm wheeling of power on the network Resource Capability for the Purchaser’s D. Summary of Transmission Rate segment of the FCRTS. This rate thermal resource(s) and any other non- Schedules includes a distance or mileage hydroelectric resource(s), multiplied by FPT–96—Formula Power Transmission component for transmission lines and a capacity factor of 0.90. Rate various transformation and terminal 2.1.4 Resource Capability FPT–96.3—Formula Power charges. The FPT rate form is designed Transmission Rate to reflect a wheeling formula that is For service under 1981 power sales IR–96—Integration of Resources Rate prescribed by contract provisions. The contracts, the Resource Capability, NT–96.2—Network Integration rate schedule provides for annual and expressed in kilowatts, shall be equal to Transmission Rate seasonal service. Two FPT rate the Assured Peaking Capability of the NT–96.5—Network Integration schedules are developed—one for rates Purchaser’s resource(s). For 1996 Transmission Rate that cannot be changed more frequently contracts and all other agreements, the PTP–96.2—Point-to-Point Firm than once a year, and one for rates that Resource Capacity shall be the Monthly Transmission Rate cannot be changed more frequently than Resource Peaking Capability as PTP–96.5—Point-to-Point Firm once every 3 years. Revised rates are specified in the Agreement. Transmission Rate proposed for both rate schedules. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36497 2. Integration of Resources (IR–96) (1) the sum of the monthly Point of commercial operation of the specified The IR service is a flexible Integration Transmission Demands; or facilities, a true-up of estimated costs transmission service that may be used to (2) the sum of the monthly Point of with actual costs would occur. Delivery Transmission Demands. The integrate multiple resources and 10. Reservation Fee for Transmission PTP rate may apply to firm transmission transmit non-Federal power to multiple Capacity and Reactive Power Charge points of delivery on the FCRTS service of 1 month or longer. The rate The proposed Reservation Fee is Network facilities. The IR–96 rate is schedule also includes delivery charges included in the firm transmission rate structured as a postage-stamp for customers served over Utility or DSI schedules for application to customers (independent of distance) rate. The Delivery facilities. who enter into a contract with BPA for proposed IR–96 rate schedule continues 5. Energy Transmission (ET–96) new or increased firm transmission to include the Short-Distance Discount, The ET rate applies to firm service of service on the FCRTS and want to an exception to the postage stamp rate less than a month and to nonfirm postpone the commencement of such design for contractually specified points service over FCRTS facilities excluding service while maintaining the of integration. The IR rate has the Interties. The rate may be used for availability of transmission capacity. traditionally included both demand and service taken under the Point-to-Point Payment of the Reservation Fee for energy charges; BPA is proposing that tariff. The firm rate is a take-or-pay Transmission Capacity would allow a the IR–96 rate be a demand-only rate. energy charge. The nonfirm rate is customer to postpone service for a year 3. Network Integration (NT–96) specified as a cap with flexibility below at a time for up to 5 years. This that level. Network Integration transmission proposed Reservation Fee is modeled on service allows customers to serve their 6. Southern Intertie (IS–96), Northern the one in FERC’s Point-to-Point tariff. load located in the PNW region. The Intertie (IN–96), and Eastern Intertie (IE– The proposed Reactive Power Charge is proposed NT–96 rate is designed to 96) included in BPA’s transmission rate schedules as well as BPA’s power rate conform generally with the pricing The IS rate and IN rate are available provisions of the FERC NOPR Network schedules, and charges customers for for service over those respective their reactive power requirements by Integration tariff. The proposed NT–96 facilities. The rates are structured rate includes a Network demand charge point of delivery and points of similarly: a nonfirm energy-only rate; interconnection. that is applied to a customer’s total and a firm rate with separate demand retail load occurring at the hour of the and energy components. The nonfirm E. Transmission Rate Schedules monthly BPA transmission system peak, rates are specified as a cap with with a credit for the utility’s Schedule FPT–96.2—Formula Power flexibility below those levels. The IE Transmission Rate transmission facilities. For customers rate is available for nonfirm with 1981 contracts, the Network charge transmission on the Eastern Intertie and Section I. Availability will be applied to power delivered is structured as an energy-only rate with This schedule supersedes schedule under those contracts on the hour of the downward flexibility. monthly BPA transmission peak and no FPT–95.1 for all firm transmission credit is given for customer 7. Market Transmission (MT–96) agreements which provide that rates transmission facilities. The rate may be adjusted not more frequently BPA is continuing the MT rate than once a year. It is available for firm schedule also includes delivery charges unchanged, except for the addition of for customers served over Utility or DSI transmission of non-Federal power the Reactive Power Charge. This rate using the Main Grid and/or Secondary Delivery facilities. The NT rate also schedule was developed for use among provides for a charge or credit to System of the Federal Columbia River Western Systems Power Pool (WSPP) Transmission System. This schedule is compensate for redispatching of participants and allows for flexible resources. The NT rate will apply to for full-year and partial-year service and hourly, daily, weekly, and monthly for either continuous or intermittent BPA full requirements customers; charges. partial requirements customers may service when firm transmission service elect either Network Integration 8. Use of Facilities Transmission (UFT– is required. Service under this schedule Transmission service using the NT rate 96) and Townsend-Garrison is subject to BPA’s General Rate or Point to Point Transmission service Transmission (TGT–96) Schedule Provisions. Bills shall be rendered and payments due pursuant to using the Point to Point rate (see below). The UFT–96 and TGT–96 rate BPA’s Billing Procedures. Residential Purchase and Sale schedules are formula rates that are Agreement purchasers shall take service being proposed unchanged from the Section II. Rate under the 2-year NT rate. current rates. The UFT rate recovers the The monthly charge shall be A or B. 4. Point-to-Point (PTP–96) annual cost of identified facilities over which specific wheeling transactions A. Embedded Cost Point-to-Point transmission service occur. The TGT rate is a contract rate 1. Full-Year Service allows customers to serve their retail that recovers the cost of the Montana load and/or transactions with third (Eastern) Intertie. The monthly charge per kilowatt of parties and off-system sales over the Billing Demand shall be one-twelfth of Network. BPA also will apply this rate 9. Advance Funding (AF–96) the sum of the Main Grid Charge and for sale to, and purchases for, its own The proposed AF rate allows BPA to the Secondary System Charge, as customers which are not native load collect the capital and related costs of applicable and as specified in the customers. The proposed PTP–96 rate is specified BPA-owned transmission agreement. designed to conform generally with the facilities through advance payment. a. Main Grid Charge: The Main Grid pricing provisions of the FERC NOPR Such facilities could include Charge per kilowatt of Billing Demand Point-to-Point tariff. The proposed PTP– interconnection and resource shall be the sum of one or more of the 96 rate includes a Network demand integration facilities, and upgrades or following component factors as charge that is applied to the greater of: reinforcements to the FCRTS. Following specified in the agreement: 36498 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices (1) Main Grid Distance Factor: The B. Reactive Power Charge following component factors as amount computed by multiplying the specified in the agreement: Customers taking service under this Main Grid Distance by $0.0526 per mile. (1) Main Grid Distance Factor: The rate schedule are subject to the Reactive (2) Main Grid Interconnection amount computed by multiplying the Power Charge specified in section II.N. Terminal Factor: $0.36. Main Grid Distance by $0.0526 per mile. of the General Rate Schedule Provisions. (3) Main Grid Terminal Factor: $0.59. (2) Main Grid Interconnection (4) Main Grid Miscellaneous Facilities C. Reservation Fee for Transmission Terminal Factor: $0.36. Factor: $2.79. Capacity (3) Main Grid Terminal Factor: $0.59. b. Secondary System Charge The (4) Main Grid Miscellaneous Facilities Customers who request new or Secondary System Charge per kilowatt Factor: $2.79. increased firm transmission service of Billing Demand shall be the sum of b. Secondary System Charge: The under this rate schedule and want to one or more of the following component Secondary System Charge per kilowatt reserve transmission capacity to factors as specified in the agreement: of Billing Demand shall be the sum of accommodate such service are subject to (1) Secondary System Distance Factor: one or more of the following component the Reservation Fee for Transmission The amount determined by multiplying factors as specified in the agreement: Capacity specified in section II.O. of the the Secondary System Distance by (1) Secondary System Distance Factor: General Rate Provisions. $0.3769 per mile. The amount determined by multiplying (2) Secondary System Transformation D. Rates Applicable to FPT Service the Secondary System Distance by Factor: $5.37. $0.3769 per mile. The rates specified in section II are (3) Secondary System Intermediate (2) Secondary System Transformation applicable to service over available Terminal Factor: $1.70. Factor: $5.37. transmission capacity. Customers (4) Secondary System Interconnection (3) Secondary System Intermediate requesting new or increased firm service Terminal Factor: $1.17. Terminal Factor: $1.70. that would require BPA to construct (4) Secondary System Interconnection 2. Partial-Year Service new facilities or upgrades to alleviate a Terminal Factor: $1.17. capacity constraint may be subject to The monthly charge per kilowatt of 2. Partial-Year Service Billing Demand shall be as specified in incremental cost rates for such service if section II.A.1 for all months of the year incremental cost is higher than The monthly charge per kilowatt of except for agreements with terms 5 embedded cost. Incremental cost rates Billing Demand shall be as specified in years or less and which specify service would be developed pursuant to section section II.A.1 for all months of the year for fewer than 12 months per year. The 7(i) of the Northwest Power Act. except for agreements with terms 5 monthly charge shall be: years or less and which specify service Schedule FPT–96.3—Formula Power for fewer than 12 months per year. The a. During months for which service is Transmission Rate specified, the monthly charge defined in monthly charge shall be: a. During months for which service is section II.A.1, and Section I. Availability specified, the monthly charge defined in b. During other months, the monthly This schedule supersedes schedule charge defined in section II.A.1 section II.A.1, and FPT–95.3 for all firm transmission b. During other months, the monthly multiplied by 0.2. agreements which provide that rates charge defined in section II.A.1 B. Opportunity Cost may be adjusted not more frequently multiplied by 0.2. than once every three years. It is For applications for new service or available for firm transmission of non- B. Opportunity Cost increases in current service, Federal power using the Main Grid and/ Opportunity Costs may be charged if For applications for new service or increases or Secondary System of the Federal in current service, Opportunity Costs may be those costs are higher than the rates in Columbia River Transmission System. charged if those costs are higher than the section II.A. This schedule is for full-year and rates in section II.A. partial-year service and for either Section III. Billing Factors Section III. Billing Factors continuous or intermittent service when A. Embedded Cost firm transmission service is required. A. Embedded Cost Unless otherwise stated in the Service under this schedule is subject to Unless otherwise stated in the agreement, the Billing Demand for the BPA’s General Rate Schedule agreement, the Billing Demand for the rates specified in section II.A. shall be Provisions. Bills shall be rendered and rates specified in section II.A. shall be the largest of: payments due pursuant to BPA’s Billing the largest of: 1. The Transmission Demand; Procedures. 1. The Transmission Demand; 2. The highest hourly Scheduled Section II. Rate 2. The highest hourly Scheduled Demand for the month; or Demand for the month; or 3. The Ratchet Demand. The monthly charge shall be A or B. 3. The Ratchet Demand. B. Opportunity Cost A. Embedded Cost B. Opportunity Cost Billing factors for the rate specified in 1. Full-Year Service Billing factors for the rate specified in section II.B. shall be specified in the The monthly charge per kilowatt of section II.B. shall be specified in the agreement. Billing Demand shall be one-twelfth of agreement. Section IV. Other Provisions the sum of the Main Grid Charge and Section IV. Other Provisions the Secondary System Charge, as A. Ancillary Services applicable and as specified in the A. Ancillary Services Ancillary services that may be agreement. Ancillary services that may be required to support FPT transmission a. Main Grid Charge: The Main Grid required to support FPT transmission service are available under the APS rate Charge per kilowatt of Billing Demand service are available under the APS rate schedule. shall be the sum of one or more of the schedule. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36499 B. Reactive Power Charge circuit miles between the POI for a D. Rates Applicable to IR Service generating resource of the customer and Customers taking service under this The rates specified in section II are rate schedule are subject to the Reactive a designated Point of Delivery serving load of the customer. Short distance applicable to service over available Power Charge specified in section II.N. transmission capacity. Customers of the General Rate Schedule Provisions. POIs are determined by BPA after considering factors in addition to requesting new or increased firm service C. Reservation Fee for Transmission transmission distance. that would require BPA to construct Capacity new facilities or upgrades to alleviate a B. Opportunity Cost capacity constraint may be subject to Customers who request new or incremental cost rates for such service if increased firm transmission service For applications for new service or under this rate schedule and want to increases in current service, incremental cost is higher than reserve transmission capacity to Opportunity Costs may be charged if embedded cost. Incremental cost rates accommodate such service are subject to those costs are higher than the rates in would be developed pursuant to section the Reservation Fee for Transmission section II.A. 7(i) of the Northwest Power Act. Capacity specified in section II.O. of the Section III. Billing Factors Schedule NT–96.2 Network Integration General Rate Schedule Provisions. Transmission Rate To the extent that the agreement D. Rates Applicable to FPT Service provides for the customer to be billed Section I. Availability The rates specified in section II are for transmission in excess of the applicable to service over available Transmission Demand or Total This schedule is available to each transmission capacity. Customers Transmission Demand, as defined in the customer that executes a Network requesting new or increased firm service agreement, at the Energy Transmission Integration Service Agreement that would require BPA to construct rate, such transmission service shall not (Agreement) and does not elect the 5- new facilities or upgrades to alleviate a contribute to either the Billing Demand year rate option. Such Agreement capacity constraint may be subject to or the Billing Energy for the IR rate provides for delivery of Federal and incremental cost rates for such service if provided that the customer requests non-Federal power to the customer’s incremental cost is higher than such treatment and BPA approves in Network Load over Federal Columbia embedded cost. Incremental cost rates accordance with the prescribed River Transmission System Network would be developed pursuant to section provisions in the agreement. and Utility/DSI Delivery facilities. 7(i) of the Northwest Power Act. Terms and conditions of service are A. Embedded Cost specified in the Network Integration Schedule IR–96—Integration of The Billing Demand shall be the Service Tariff. This schedule is available Resources Rate largest of: also for transmission service of a similar Section I. Availability 1. The Transmission Demand, or, if nature ordered by the Federal Energy Regulatory Commission (FERC) This schedule supersedes IR–95 and defined in the agreement, the Total Transmission Demand; pursuant to sections 211 and 212 of the is available for transmission of non- Federal Power Act (16 U.S.C. 824j and Federal power for full-year firm 2. The highest hourly Scheduled 824k). This schedule is available to transmission service and nonfirm Demand for the month; or utilities participating in the residential transmission service in amounts not to 3. The Ratchet Demand. exchange under section 5(c) of the exceed the customer’s total B. Opportunity Cost Northwest Power Act pursuant to their Transmission Demand using Federal Residential Purchase and Sale Columbia River Transmission System Billing factors shall be specified in the Agreements (RPSA). Service under this Network facilities. Service under this agreement. schedule is not available for schedule is subject to BPA’s General Section IV. Other Provisions transmission of non-Federal power to Rate Schedule Provisions. Bills shall be customers taking service concurrently rendered and payments due pursuant to A. Ancillary Services under the Integration of Resources rate BPA’s Billing Procedures. Ancillary services that may be or Formula Power Transmission rate. Section II. Rate required to support IR transmission Service under this schedule is subject to BPA’s General Rate Schedule The monthly charge shall be A or B. service are available under the APS rate schedule. Provisions. Bills shall be rendered and A. Embedded Cost payments due pursuant to BPA’s Billing B. Reactive Power Charge The monthly charge shall be: Procedures. 1. $1.188 per kilowatt of Billing Customers taking service under this Section II. Rate Demand; or rate schedule are subject to the Reactive 2. For Points of Integration (POI) Power Charge specified in section II.N. The monthly charge shall be the sum specified in the Agreement as being of the General Rate Schedule Provisions. of A and B. short distance POIs, for which Main C. Reservation Fee for Transmission A. Network Charge Grid and Secondary System facilities are Capacity used for a distance of less than 75 $1.597 per kilowatt per month of circuit miles, the following formula Customers who request new or Billing Demand. applies: [0.2 + (0.8 × transmission increased firm transmission service distance/75)] * $0.594 per kilowatt of under this rate schedule and want to B. Delivery Charges billing demand. reserve transmission capacity to 1. Utility Where the Billing Demand for a short accommodate such service are subject to distance POI is the demand level the Reservation Fee for Transmission For service over Utility Delivery specified in the Agreement for such POI, Capacity specified in section II.O. of the facilities, the charge is $1.143 per and the transmission distance is the General Rate Schedule Provisions. kilowatt per month of Billing Demand. 36500 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 2. DSI other sources. To the extent the BPA would be responsible for providing For service over DSI Delivery Transmission Customer is served with such facilities, in accordance with facilities, the charge is $0.404 per resources remote from their system, BPA’s Customer Service Policy, if the kilowatt per month of Billing Demand. Network Load shall be measured at requesting party were a BPA full specified Points of Delivery. requirements power customer. The C. Redispatch Credit/Cost 2. Residential Exchange annual cost of the identified customer- When BPA implements redispatch owned transmission facilities shall be procedures pursuant to the Network For RPSA utilities, the Billing based on the customer’s costs. The Integration Service Tariff, the total cost Demand shall be the demand calculated Customer Facilities Credit will be impact of such procedures shall be by applying the load factor, determined specified as a monthly amount in an shared among Network Integration as specified in the RPSA, to the energy exhibit to the contract. The Customer customers based on the ratio of each associated with the utility’s residential Facilities Credit is not available to customer’s NT Network Charge Billing load for each billing period. Residential Metered and Computed Requirements Demand to the sum of all NT Network load shall be determined in accordance Customers. Charge Billing Demands. Such Billing with the provisions of the purchaser’s B. Credit to NT Network Charge Bill Demands shall be for the month in RPSA. which the redispatch cost is incurred. 3. Network Billing Demand Adjustment A credit shall be made to the monthly Redispatch cost shall be charged on NT bill for Network Integration The Network Charge Billing Demand customers’ monthly bills in a lump sum Transmission Service for Partial determined under section III.A.1. shall amount. Requirements Customers who purchase To the extent that the cost borne by be decreased by the power delivered transmission service under Integration the NT customer whose resource was under any BPA power sales contract, of Resources (IR) or Formula Power redispatched is greater than such not including 1981 Contracts and 1996 Transmission (FPT) rate schedules. customer’s cost share (as determined Contracts, during the hour of the Such credit shall equal the portion of above), a credit shall be given on the Monthly Transmission Peak Load. the monthly bill for IR or FPT service affected NT customer’s monthly bill. To Adjustments shall be made for power to the customer’s Network Load. the extent that the cost borne by the delivered under contracts executed C. Credit to Delivery Charges affected NT customer is less than such prior to October 1, 1996, that bundle the customer’s cost responsibility, the price for transmission with the price for A credit shall be made to the monthly difference shall be charged on the power, or specify a transmission rate bill for Network Integration affected NT customer’s monthly bill. different than this NT Network rate. Transmission Service for customers who pay for Utility Delivery or DSI Delivery Section III. Billing Factors B. Delivery Charge The monthly billing demand for the facilities under the Use-of-Facilities A. Network Charge charges specified in section II.B. shall be (UFT) rate schedule. The credit shall 1. Billing Demand the Customer’s Load that occurs during equal the monthly UFT charges for such Delivery facilities. The monthly Billing Demand for the the hour of the Monthly Transmission charge specified in section II.A. shall be Peak Load at the Points of Delivery D. Ancillary Services specified in BPA’s Segmentation Study the Customer’s Load. Ancillary services that may be as Utility Delivery or DSI Delivery Where ‘‘Customer’s Load’’ is the required to support NT transmission facilities. customer’s Network Load measured service are available under the APS rate during the hour of the Monthly C. Adjustment for Metering schedule. Transmission Peak Load. For customers with 1981 Contracts, ‘‘Customer’s Load’’ At those Points of Delivery that do not E. Reactive Power Charge have meters capable of determining the is the power taken under 1981 Contracts Customers taking service under this demand on the hour of the Monthly during the hour of the Monthly rate schedule are subject to the Reactive Transmission Peak Load, the Billing Transmission Peak Load. ‘‘Monthly Power Charge specified in section II.N. Demand shall equal the highest hourly Transmission Peak Load’’ is the of the General Rate Schedule Provisions. monthly peak loading on the FCRTS for peak demand during the billing month the billing month. at the Point of Delivery multiplied by F. Direct Assignment Facilities ‘‘Network Load’’ is the designated 0.76. BPA shall collect the capital and load of a Transmission Customer Section IV. Adjustments and Other related costs of a Direct Assignment including the entire load of all Provisions Facility under the Advance Funding designated Member Systems. A (AF) rate or the Use-of-Facilities (UFT) Transmission Customer’s Network Load A. Customer Facilities Credit rate. Associated costs, including but not shall not be reduced to reflect any Monthly bills for the Network Charge limited to operations, maintenance, and portion of such load served by the specified in section II.A. shall be general plant costs, also shall be output of any generating facilities reduced by a Customer Facilities Credit, recovered from the Network Integration owned, or generation purchased, by the if contractually specified. The Customer Transmission customer under an Transmission Customer, its Member Facilities Credit is based on the annual applicable rate schedule. Systems, or other customers served by cost of customer-owned transmission G. Rates Applicable to NT Service the Transmission Customer under the facilities which would be included in Network Integration Service Tariff. BPA’s revenue requirement for the The rates specified in section II are The Network Load is the Network segment if BPA owned such applicable to service over available Transmission Customer’s actual total customer facilities. The specification of transmission capacity. NT customers system load, including distribution which customer-owned transmission that integrate new Network Resources, losses. No distinction is made between facilities shall be included in the new Member Systems, or new native load that is served with BPA power and Customer Facilities Credit shall be load customers that would require BPA load that is served with power from based on a determination of whether to construct Network Upgrades shall be Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36501 subject to the higher of the rates Section II. Rate Transmission Customer’s Network Load specified in section II or incremental The monthly charge shall be the sum shall not be reduced to reflect any cost rates for service over such facilities. of A and B. portion of such load served by the Incremental cost rates would be output of any generating facilities developed pursuant to section 7(i) of the A. Network Charge owned, or generation purchased, by the Northwest Power Act. $1.656 per kilowatt per month of Transmission Customer, its Member Billing Demand. Systems, or other customers served by H. Rate Adjustment Due to FERC Order the Transmission Customer under the Under FPA § 212 B. Delivery Charges Network Integration Service Tariff. 1. Utility The Network Load is the If, after review by FERC, this rate Transmission Customer’s actual total schedule, as initially submitted to For service over Utility Delivery system load, including distribution FERC, is modified to satisfy the facilities, the charge is $1.164 per losses. No distinction is made between standards of section 212(i)(1)(B)(ii) of kilowatt per month of Billing Demand. load that is served with BPA power and the Federal Power Act (16 U.S.C. 2. DSI load that is served with power from 824k(i)(1)(B)(ii)) for FERC-ordered other sources. To the extent the transmission service, then such For service over DSI Delivery Transmission Customer is served with modifications shall automatically apply facilities, the charge is $0.415 per resources remote from their system, to this rate schedule for non-section kilowatt per month of Billing Demand. Network Load shall be measured at 212(i)(1)(B)(ii) transmission service. The C. Redispatch Credit/Cost specified Points of Delivery. modifications for non-section 212(i)(1)(B)(ii) transmission service, as When BPA implements redispatch 2. Network Billing Demand Adjustment described above, shall be effective, procedures pursuant to the Network The Network Charge Billing Demand however, only prospectively from the Integration Service Tariff, the total cost determined under section III.A.1. shall date of the final FERC-order granting impact of such procedures shall be be decreased by the power delivered final approval of this rate schedule for shared among Network Integration under any BPA power sales contract, FERC ordered transmission service customers based on the ratio of each not including 1981 Contracts and 1996 pursuant to section 212(i)(1)(B)(ii). No customer’s NT Network Charge Billing Contracts, during the hour of the refunds shall be made or additional Demand to the sum of all NT Network Monthly Transmission Peak Load. costs charged as a consequence of this Charge Billing Demands. Such Billing Adjustments shall be made for power prospective modification for any non- Demands shall be for the month in delivered under contracts executed section 212(i)(1)(B)(ii) transmission which the redispatch cost is incurred. prior to October 1, 1996, that bundle the Redispatch cost shall be charged on NT service that occurred under this rate price for transmission with the price for customers’ monthly bills in a lump sum power, or specify a transmission rate schedule prior to the effective date of amount. different than this NT Network rate. such prospective modification. To the extent that the cost borne by B. Delivery Charge Schedule NT–96.5—Network the NT customer whose resource was Integration Transmission Rate redispatched is greater than such The monthly Billing Demand for the customer’s cost share (as determined charges specified in section II.B. shall be Section I. Availability above), a credit shall be given on the the Customer’s Load that occurs during the hour of the Monthly Transmission This schedule is available to each affected NT customer’s monthly bill. To the extent that the cost borne by the Peak Load at the Points of Delivery customer that executes a Network specified in BPA’s Segmentation Study Integration Service Agreement affected NT customer is less than such customer’s cost responsibility, the as Utility Delivery or DSI Delivery (Agreement) and elects the 5-year rate difference shall be charged on the facilities. option. Such Agreement provides for affected NT customer’s monthly bill. delivery of Federal and non-Federal C. Adjustment for Metering power to the customer’s Network Load Section III. Billing Factors At those Points of Delivery that do not over Federal Columbia River have meters capable of determining the A. Network Charge Transmission System Network and demand on the hour of the Monthly Utility/DSI Delivery facilities. Terms 1. Billing Demand Transmission Peak Load, the Billing and conditions of service are specified The monthly billing demand for the Demand shall equal the highest hourly in the Network Integration Service charge specified in section II.A. shall be peak demand during the billing month Tariff. This schedule is available also for the Customer’s Load. at the Point of Delivery multiplied by transmission service of a similar nature Where ‘‘Customer’s Load’’ is the 0.76. ordered by the Federal Energy customer’s Network Load measured Section IV. Adjustments and Other Regulatory Commission (FERC) during the hour of the Monthly Provisions pursuant to sections 211 and 212 of the Transmission Peak Load. For customers Federal Power Act (16 U.S.C. 824j and with 1981 Contracts, ‘‘Customer’s Load’’ A. Customer Facilities Credit 824k). Service under this schedule is is the power taken under the 1981 Monthly bills for the Network Charge not available for transmission of non- Contracts during the hour of the specified in section II.A. shall be Federal power to customers taking Monthly Transmission Peak Load. reduced by a Customer Facilities Credit, service concurrently under the ‘‘Monthly Transmission Peak Load’’ is if contractually specified. The Customer Integration of Resources rate or Formula the monthly peak loading on the FCRTS Facilities Credit is based on the annual Power Transmission rate. Service under for the billing month. cost of customer-owned transmission this schedule is subject to BPA’s ‘‘Network Load’’ is the designated facilities which would be included in General Rate Schedule Provisions. Bills load of a Transmission Customer BPA’s revenue requirement for the shall be rendered and payments due including the entire load of all Network segment if BPA owned such pursuant to BPA’s Billing Procedures. designated Member Systems. A customer facilities. The specification of 36502 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices which customer-owned transmission that integrate new Network Resources, Integration of Resources rate or Formula facilities shall be included in the new Member Systems, or new Native Power Transmission rate. Service under Customer Facilities Credit shall be Load Customers that would require BPA this schedule is subject to BPA’s based on a determination of whether to construct Network Upgrades shall be General Rate Schedule Provisions. Bills BPA would be responsible for providing subject to the higher of the rates shall be rendered and payments due such facilities, in accordance with specified in section II or incremental pursuant to BPA’s Billing Procedures. BPA’s Customer Service Policy, if the cost rates for service over such facilities. Section II. Rate requesting party were a BPA full Incremental cost rates would be requirements power customer. The developed pursuant to section 7(i) of the A. Network Charge annual cost of the identified customer- Northwest Power Act. The charge shall be 1 or 2. owned transmission facilities shall be H. Rate Adjustment Due to FERC Order based on the customer’s costs. The 1. Embedded Cost Under FPA § 212 Customer Facilities Credit will be $1.315 per kilowatt per month of specified as a monthly amount in an If, after review by FERC, this rate Billing Demand. exhibit to the contract. The Customer schedule, as initially submitted to Facilities Credit is not available to FERC, is modified to satisfy the 2. Opportunity Cost Metered and Computed Requirements standards of section 212(i)(1)(B)(ii) of For applications for new service or Customers. the Federal Power Act (16 U.S.C. increases in current service, 824k(i)(1)(B)(ii)) for FERC-ordered B. Credit to NT Network Charge Bill Opportunity Costs may be charged if transmission service, then such those costs are higher than the rates in A credit shall be made to the monthly modifications shall automatically apply section II.A.1. bill for Network Integration to this rate schedule for non-section Transmission Service for Partial 212(i)(1)(B)(ii) transmission service. The B. Delivery Charge Requirements customers who purchase modifications for non-section 1. Utility transmission service under Integration 212(i)(1)(B)(ii) transmission service, as of Resources (IR) or Formula Power described above, shall be effective, For service over Utility Delivery Transmission (FPT) rate schedules. however, only prospectively from the facilities, the charge is $1.143 per Such credit shall equal the portion of date of the final FERC order granting kilowatt per month of Billing Demand. the monthly bill for IR or FPT service final approval of this rate schedule for 2. DSI to the customer’s Network Load. FERC-ordered transmission service For service over DSI Delivery pursuant to section 212(i)(1)(B)(ii). No C. Credit to Delivery Charges facilities, the charge is $0.404 per refunds shall be made or additional kilowatt per month of Billing demand. A credit shall be made to the monthly costs charged as a consequence of this bill for Network Integration prospective modification for any non- Section III. Billing Factors Transmission Service for customers who section 212(i)(1)(B)(ii) transmission The monthly Transmission Demands pay for Utility Delivery or DSI Delivery service that occurred under this rate shall be contractually specified. facilities under the Use-of-Facilities schedule prior to the effective date of (UFT) rate schedule. The credit shall such prospective modification. A. Network Charge equal the monthly UFT charges for such 1. Embedded Cost Delivery facilities. Schedule PTP–96.2—Point-to-Point Transmission Rate The monthly Billing Demand for the D. Ancillary Services Section I. Availability rate specified in section II.A.1. shall be Ancillary services that may be the greater of: required to support NT transmission This schedule is available to each a. the sum of the monthly Point of service are available under the APS rate Customer that executes a Point-to-Point Integration Transmission Demands schedule. Transmission Service Agreement (including monthly peak subscriptions (Agreement) and does not elect the 5- designated pursuant to 1996 Contracts E. Reactive Power Charge year rate option. Such Agreement and computed peak requirements Customers taking service under this provides for firm transmission service pursuant to 1981 Contracts) that rate schedule are subject to the Reactive for Federal and non-Federal power for correspond to the current billing month, Power Charge specified in section N of one calendar month or longer and for or the General Rate Schedule Provisions. nonfirm transmission service in b. the sum of the monthly Point of amounts not to exceed the customer’s Delivery Transmission Demands F. Direct Assignment Facilities total Transmission Demand over Federal (including monthly peak subscriptions BPA shall collect the capital and Columbia River Transmission System designated pursuant to 1996 Contracts related costs of a Direct Assignment (FCRTS) Network and Utility/DSI and computed peak requirements Facility under the Advance Funding Delivery facilities. Terms and pursuant to 1981 Contracts) that (AF) rate or the Use-of-Facilities (UFT) conditions of service are specified in the correspond to the current billing month. rate. Associated costs, including but not Point-to-Point Transmission Service limited to operations, maintenance, and Tariff. This schedule is available also for 2. Opportunity Cost general plant costs, also shall be transmission service of a similar nature The billing factor for the rate in recovered from the Network Integration ordered by the Federal Energy section II.A.2. shall be specified in the Transmission customer under an Regulatory Commission (FERC) Agreement. applicable rate schedule. pursuant to sections 211 and 212 of the Federal Power Act (16 U.S.C. 824j and B. Delivery Charge G. Rates Applicable to NT Service 824k). Service under this schedule for The monthly Billing Demand for the The rates specified in section II are the transmission of non-Federal power charges specified in section II.B. shall be applicable to service over available is not available to customers taking the Measured Demand that occurs transmission capacity. NT customers service concurrently under the during the hour of the Monthly Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36503 Transmission Peak Load at the Points of F. Redispatch Columbia River Transmission System Delivery specified in BPA’s When BPA determines that capacity (FCRTS) Network and Utility/DSI Segmentation Study as Utility Delivery constraints that may be relieved more Delivery facilities. Terms and or DSI Delivery facilities. economically through redispatching the conditions of service are specified in the At those points of delivery that do not system rather than by building new Point-to-Point Transmission Service have meters capable of determining the facilities or upgrading existing facilities Tariff. This schedule is available also for demand on the hour of the Monthly to eliminate such constraints, the transmission service of a similar nature Transmission Peak Load, the Billing customer taking Point-to-Point ordered by the Federal Energy Demand shall equal the highest hourly Transmission Service shall be Regulatory Commission (FERC) peak demand during the billing month responsible for such costs to the extent pursuant to sections 211 and 212 of the at the Point of Delivery multiplied by consistent with FERC policy. Federal Power Act (16 U.S.C. 824j and 0.76. 824k). Service under this schedule for G. Rates Applicable to PTP Service Section IV. Other Provisions the transmission of non-Federal power The rates specified in section II are is not available to customers taking A. Reactive Power Charge applicable to service over available service concurrently under the Customers taking service under this transmission capacity. Customers Integration of Resources rate or Formula rate schedule are subject to the Reactive requesting new or increased firm service Power Transmission rate. Service under Power Charge specified in section II.N. that would require BPA to construct this schedule is subject to BPA’s of the General Rate Schedule Provisions. Network Upgrades to alleviate a General Rate Schedule Provisions. Bills capacity constraint may be subject to shall be rendered and payments due B. Ancillary Services incremental cost rates for such service if pursuant to BPA’s Billing Procedures. Ancillary services that may be incremental cost is higher than Section II. Rate required to support PTP transmission embedded cost. Incremental cost rates service are available under the APS rate would be developed pursuant to section A. Network Charge schedule. 7(i) of the Northwest Power Act. The charge shall be 1 or 2. C. PTP Unauthorized Transmission H. Rate Adjustment Due to FERC Order 1. Embedded Cost Increase Charge Under FPA § 212 $1.386 per kilowatt per month of Customers who exceed their monthly If, after review by FERC, this rate Billing Demand. Point of Integration (POI) or Point of schedule, as initially submitted to Delivery (POD) Transmission Demand FERC, is modified to satisfy the 2. Opportunity Cost on any hour shall be subject to the PTP standards of section 212(i)(1)(B)(ii) of For applications for new service or Unauthorized Transmission Increase the Federal Power Act (16 U.S.C. increases in current service, Charge. 824k(i)(1)(B)(ii)) for FERC-ordered Opportunity Costs may be charged if transmission service, then such 1. Rate those costs are higher than the rates in modifications shall automatically apply section II.A $16.78 per kilowatt of Billing to this rate schedule for non-section Demand. 212(i)(1)(B)(ii) transmission service. The B. Delivery Charge 2. Billing Factor modifications for non-section 1. Utility 212(i)(1)(B)(ii) transmission service, as For service over Utility Delivery The Billing Demand shall be the described above, shall be effective, number of kilowatts that exceeds the facilities, the charge is $1.164 per however, only prospectively from the kilowatt per month of Billing Demand. monthly Transmission Demand at any date of the final FERC order granting POI or POD, or exceeds the sum of final approval of this rate schedule for 2. DSI monthly POI or POD Transmission FERC-ordered transmission service Demands, on any hour. For service over DSI Delivery pursuant to section 212(i)(1)(B)(ii). No facilities, the charge is $0.415 per D. Reservation Fee for Transmission refunds shall be made or additional kilowatt per month of Billing Demand. Capacity costs charged as a consequence of this prospective modification for any non- Section III. Billing Factors Customers who request new or section 212(i)(1)(B)(ii) transmission increased firm transmission service The monthly Transmission Demands service that occurred under this rate under this rate schedule and want to shall be contractually specified. schedule prior to the effective date of reserve transmission capacity to such prospective modification. A. Network Charge accommodate such service are subject to 1. Embedded Cost the Reservation Fee for Transmission Schedule PTP–96.5—Point-to-Point Capacity specified in section II.O. of the Firm Transmission Rate The monthly Billing Demand for the General Rate Schedule Provisions. rate specified in section II.A.1. shall be Section I. Availability the greater of: E. Direct Assignment Facilities This schedule is available to each a. the sum of the monthly Point of BPA shall collect the capital and Customer that executes a Point-to-Point Integration Transmission Demands related costs of a Direct Assignment Transmission Service Agreement (including monthly peak subscriptions Facility under the Advance Funding (Agreement) and elects the 5-year rate designated pursuant to 1996 Contracts (AF) rate or the Use-of-Facilities (UFT) option. Such Agreement provides for and computed peak requirements rate. Associated costs, including but not firm transmission service for Federal pursuant to 1981 Contracts) that limited to operations, maintenance, and and non-Federal power for one calendar correspond to the current billing month, general plant costs, also shall be month or longer and for nonfirm or recovered from the Point-to-Point transmission service in amounts not to b. the sum of the monthly Point of Transmission customer under an exceed the customer’s total Delivery Transmission Demands applicable rate schedule. Transmission Demand over Federal (including monthly peak subscriptions 36504 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices designated pursuant to 1996 Contracts the Reservation Fee for Transmission Schedule ET–96—Energy Transmission and computed peak requirements Capacity specified in section II.O. of the Rate pursuant to 1981 Contracts) that General Rate Schedule Provisions. Section I. Availability correspond to the current billing month. E. Direct Assignment Facilities 2. Opportunity Cost This schedule supersedes ET–95 and BPA shall collect the capital and is available for transmission service The billing factor(s) for the rate in related costs of a Direct Assignment between points within the Pacific section II.A.2. shall be specified in the Facility under the Advance Funding Northwest using Federal Columbia Agreement. (AF) rate or the Use-of-Facilities (UFT) River Transmission System (FCRTS) rate. Associated costs, including but not B. Delivery Charge facilities excluding the Southern limited to operations, maintenance, and Intertie, Eastern Intertie, and Northern The monthly Billing Demand for the general plant costs, also shall be Intertie. This rate is available for charges specified in section II.B. shall be recovered from the Point-to-Point Firm transmission of Federal and non-Federal the Measured Demand that occurs Transmission customer under an power for firm transmission service of during the hour of the Monthly applicable rate schedule. less than one calendar month duration Transmission Peak Load at the Points of F. Redispatch and for nonfirm transmission service. Delivery specified in BPA’s Terms and conditions of Energy When BPA determines that capacity Segmentation Study as Utility Delivery Transmission service are specified in constraints may be relieved more or DSI Delivery facilities. the Point-to-Point Service Tariff. This At those Points of Delivery that do not economically through redispatching the schedule is available for transmission have meters capable of determining the system rather than by building new service of a similar nature ordered by demand on the hour of the Monthly facilities or upgrading existing facilities the Federal Energy Regulatory Transmission Peak Load, the Billing to eliminate such constraints, the Commission (FERC) pursuant to Demand shall equal the highest hourly customer taking Point-to-Point sections 211 and 212 of the Federal peak demand during the billing month Transmission Service shall be Power Act (16 U.S.C. 824j and 824k). at the Point of Delivery multiplied by responsible for such costs to the extent Service under this schedule is subject to 0.76. consistent with FERC policy. BPA’s General Rate Schedule Section IV. Other Provisions G. Rates Applicable to PTP Service Provisions. Bills shall be rendered and payments due pursuant to BPA’s Billing A. Reactive Power Charge The rates specified in section II are applicable to service over available Procedures. Customers taking service under this transmission capacity. Customers Section II. Rate rate schedule are subject to the Reactive requesting new or increased firm service Power Charge specified in section II.N. that would require BPA to construct The charge shall be A or B. of the General Rate Schedule Provisions. Network Upgrades to alleviate a A. Firm B. Ancillary Services capacity constraint may be subject to 1. Embedded Cost Ancillary services that may be incremental cost rates for such service if required to support PTP transmission incremental cost is higher than 2.44 mills per kilowatt-hour. service are available under the APS rate embedded cost. Incremental cost rates 2. Opportunity Cost schedule. would be developed pursuant to section 7(i) of the Northwest Power Act. C. PTP Unauthorized Transmission For applications for new firm service Increase Charge H. Rate Adjustment Due to FERC Order or increases in current firm service, Under FPA § 212 Opportunity Costs may be charged if Customers who exceed their monthly If, after review by FERC, this rate those costs are higher than the rates in Point of Integration (POI) or Point of schedule, as initially submitted to section II.A.1. Delivery (POD) Transmission Demand FERC, is modified to satisfy the on any hour shall be subject to the PTP B. Nonfirm standards of section 212(i)(1)(B)(ii) of Unauthorized Transmission Increase the Federal Power Act (16 U.S.C. The charge shall not exceed 2.44 mills Charge. 824k(i)(1)(B)(ii)) for FERC-ordered per kilowatt-hour. 1. Rate transmission service, then such Section III. Billing Factors $15.63 per kilowatt of Billing modifications shall automatically apply Demand. to this rate schedule for non-section The Billing Energy for the charge 212(i)(1)(B)(ii) transmission service. The specified in section II.A.1. shall be the 2. Billing Factor modifications for non-section Contract Energy. The Billing Demand shall be the 212(i)(1)(B)(ii) transmission service, as The Billing Energy for the rate in number of kilowatts that exceeds the described above, shall be effective, section II.A.2. shall be specified in the monthly Transmission Demand at any however, only prospectively from the agreement. POI or POD, or exceeds the sum of date of the final FERC order granting The Billing Energy for charges under monthly POI or POD Transmission final approval of this rate schedule for section II.B. shall be the monthly sum Demands, on any hour. FERC-ordered transmission service of scheduled kilowatt-hours. pursuant to section 212(i)(1)(B)(ii). No D. Reservation Fee for Transmission refunds shall be made or additional Section IV. Other Provisions Capacity costs charged as a consequence of this A. Ancillary Services Customers who request new or prospective modification for any non- increased firm transmission service section 212(i)(1)(B)(ii) transmission Ancillary services that may be under this rate schedule and want to service that occurred under this rate required to support ET transmission reserve transmission capacity to schedule prior to the effective date of service are available under the APS rate accommodate such service are subject to such prospective modification. schedule. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36505 B. ET Unauthorized Transmission A. Nonfirm Transmission Rate under this rate schedule and want to Increase Charge The charge shall not exceed 3.53 mills reserve transmission capacity to Customers who exceed their Contract per kilowatt-hour of Billing Energy. accommodate such service will be Energy at any Point of Integration (POI) subject to the Reservation Fee for B. Firm Transmission Rate or Point of Delivery (POD) shall be Transmission Capacity specified in subject to the ET Unauthorized The charge shall be 1 or 2. section II.O. of the General Rate Schedule Provisions. Transmission Increase Charge. 1. Embedded Cost D. Rates Applicable to IS Service 1. Rate $0.740 per kilowatt per month of The rates specified in section II are 29.28 mills per kilowatt-hour of Billing Demand, and 1.77 mills per applicable to service over available Billing Energy. kilowatt-hour of Billing Energy. transmission capacity. Customers 2. Billing Factor 2. Opportunity Cost requesting new or increased firm service The Billing Energy shall be the For applications for new firm service that would require BPA to construct amount of energy that exceeds the or increases in current firm service, new facilities or upgrades to alleviate a monthly Contract Energy at specified Opportunity Costs may be charged if capacity constraint may be subject to POIs or PODs. those costs are higher than the rates in incremental cost rates for such service if section II.B.1. incremental cost is higher than C. Reactive Power Charge embedded cost. Incremental cost rates Section III. Billing Factors Customers taking service under this would be developed pursuant to section rate schedule are subject to the Reactive A. Nonfirm Transmission 7(i) of the Northwest Power Act. Power Charge specified in section II.N. For nonfirm service under section Schedule IN–96 Northern Intertie of the General Rate Schedule Provisions. II.A., the Billing Energy shall be the Transmission Rate monthly sum of the scheduled kilowatt- D. Rate Adjustment Due to FERC Order Section I. Availability Under FPA § 212 hours, plus the monthly sum of kilowatt-hours allocated but not This schedule supersedes IN–95 and If, after review by FERC, this rate scheduled. The amount of allocated but is available for firm and nonfirm schedule, as initially submitted to not scheduled kilowatt-hours that is transmission service on the Northern FERC, is modified to satisfy the subject to billing may be reduced pro Intertie. Service under this schedule is standards of section 212(i)(1)(B)(ii) of rata by BPA due to forced Intertie subject to BPA’s General Rate Schedule the Federal Power Act (16 U.S.C. outages and other uncontrollable forces Provisions. Bills shall be rendered and 824k(i)(1)(B)(ii)) for FERC-ordered that may reduce Southern Intertie payments due pursuant to BPA’s Billing transmission service, then such capacity. The amount of allocated but Procedures. modifications shall automatically apply not scheduled kilowatt-hours that is Section II. Rate to this rate schedule for non-section subject to billing also may be reduced 212(i)(1)(B)(ii) transmission service. The upon mutual agreement between BPA The rates below apply to both north- modifications for non-section and the customer. to-south and south-to-north 212(i)(1)(B)(ii) transmission service, as transactions. B. Firm Transmission described above, shall be effective, A. Nonfirm Transmission Rate however, only prospectively from the For firm transmission service under The charge shall not exceed 0.63 mills date of the final FERC order granting section II.B.1., the Billing Demand shall per kilowatt-hour of Billing Energy. final approval of this rate schedule for be the Transmission Demand as FERC-ordered transmission service specified in the agreement. The Billing B. Firm Transmission Rate pursuant to section 212(i)(1)(B)(ii). No Energy for firm transmission service The charge shall be 1 or 2. refunds shall be made or additional shall be the monthly sum of scheduled costs charged as a consequence of this kilowatt-hours, unless otherwise 1. Embedded Cost prospective modification for any non- specified in the agreement. $0.115 per kilowatt per month of section 212(i)(1)(B)(ii) transmission For firm transmission service under Billing Demand, and 0.31 mills per service that occurred under this rate section II.B.2., the billing factors shall kilowatt-hour of Billing Energy. schedule prior to the effective date of be specified in the agreement. such prospective modification. 2. Opportunity Cost Section IV. Other Provisions Schedule IS–96—Southern Intertie For applications for new firm service Transmission Rate A. Ancillary Services or increases in current firm service, Opportunity Costs may be charged if Section I. Availability Ancillary services that may be required to support IS transmission those costs are higher than the rates in This schedule supersedes IS–95 and service are available under the APS rate section II.B.1. is available for firm and nonfirm schedule. Section III. Billing Factors transmission service on the Southern Intertie. Service under this schedule is B. Reactive Power Charge A. Nonfirm Transmission subject to BPA’s General Rate Schedule Customers taking service under this For nonfirm service under section Provisions. Bills shall be rendered and rate schedule are subject to the Reactive II.A., the Billing Energy shall be the payments due pursuant to BPA’s Billing Power Charge specified in section II.N. monthly sum of the scheduled kilowatt- Procedures. of the General Rate Schedule Provisions. hours. Section II. Rate C. Reservation Fee for Transmission B. Firm Transmission The rates below apply to both north- Capacity For firm service under section II.B.1., to-south and south-to-north Customers who request new or the Billing Demand shall be the transactions. increased firm transmission service Transmission Demand specified in the 36506 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices agreement. The Billing Energy for firm Section IV. Other Provisions Section IV. Other Provisions service shall be the monthly sum of the A. Ancillary Services A. Ancillary Services scheduled kilowatt-hours, unless otherwise specified in the agreement. Ancillary services that may be Ancillary services that may be For firm transmission service under required to support IE transmission required to support MT transmission section II.B.2., the billing factors shall service are available under the APS rate service are available under the APS rate be specified in the agreement. schedule. schedule. Section IV. Other Provisions B. Reactive Power Charge B. Reactive Power Charge Customers taking service under this A. Ancillary Services Customers taking service under this rate schedule are subject to the Reactive rate schedule are subject to the Reactive Ancillary services that may be Power Charge specified in section II.N. Power Charge specified in section II.N. required to support IN transmission of the General Rate Schedule Provisions. of the General Rate Schedule Provisions. service are available under the APS rate Schedule UFT–96—Use-of-Facilities schedule. Schedule MT–96—Market Transmission Rate Transmission Rate B. Reactive Power Charge Section I. Availability Section I. Availability Customers taking service under this This schedule supersedes UFT–95 rate schedule are subject to the Reactive This schedule supersedes MT–95 and unless otherwise provided in the Power Charge specified in section II.N. is available for transmission service for agreement, and is available for firm of the General Rate Schedule Provisions. transactions using Federal Columbia transmission over specified Federal River Transmission System facilities C. Reservation Fee for Transmission Columbia River Transmission System pursuant to the Western Systems Power Capacity (FCRTS) facilities. Service under this Pool (WSPP) Agreement. Service under schedule is subject to BPA’s General Customers who request new or this schedule is subject to BPA’s Rate Schedule Provisions. Bills shall be increased firm transmission service General Rate Schedule Provisions. Bills rendered and payments due pursuant to under this rate and want to reserve shall be rendered and payments due BPA—s Billing Procedures. transmission capacity to accommodate pursuant to BPA—s Billing Procedures. Section II. Rate such service are subject to the Section II. Rate Reservation Fee for Transmission The monthly charge per kilowatt of Capacity specified in section II.O. of the The charge shall be determined in Transmission Demand specified in the General Rate Schedule Provisions. advance by BPA. The charge shall be agreement shall be one-twelfth of the D. Rates Applicable to IN Service based on the duration of the proposed annual cost of capacity of the specified transaction and shall not exceed the facilities divided by the sum of The rates specified in section II are following rates. Transmission Demands (in kilowatts) applicable to service over available using such facilities. Such annual cost A. Hourly Rate transmission capacity. Customers shall be determined in accordance with requesting new or increased firm service The maximum charge shall be 6.5 section III. that would require BPA to construct mills per kilowatt-hour where the total Section III. Determination of new facilities or upgrades to alleviate a hourly revenues from a given Transmission Rate capacity constraint may be subject to transaction during a calendar day shall incremental cost rates for such service if not exceed the product of the Daily rate A. From time to time, but not more incremental cost is higher than and the maximum demand scheduled often than once in each Contract Year, embedded cost. Incremental cost rates during such day. BPA shall determine the following data would be developed pursuant to section for the facilities which have been 7(i) of the Northwest Power Act. B. Daily Rate constructed or otherwise acquired by BPA and which are used to transmit The maximum charge shall be $.105 Schedule IE–96—Eastern Intertie electric power: per kilowattday where the total demand Transmission Rate 1. The annual cost of the specified charge revenues in any consecutive 7- FCRTS facilities, as determined from the Section I. Availability day period shall not exceed the product capital cost of such facilities and annual of the Weekly rate and the highest This schedule supersedes IE–95 and cost ratios developed from the Federal demand experienced on any day in the is available for nonfirm transmission Columbia River Power System financial 7-day period. service on the Eastern Intertie. Service statement, including interest and under this schedule is subject to BPA’s C. Weekly Rate amortization, operation and General Rate Schedule Provisions. Bills maintenance, administrative and shall be rendered and payments due The maximum charge shall be $.52 general, and general plant costs. pursuant to BPA’s Billing Procedures. per kilowattweek. 2. The yearly noncoincident peak Section II. Rate D. Monthly Rate demands of all users of such facilities or other reasonable measurement of the The charge shall not exceed 1.89 mills The maximum charge shall be $2.27 facilities’ peak use. per kilowatt-hour of Billing Energy. per kilowattmonth. B. The monthly charge per kilowatt of Section III. Billing Factors Section III. Billing Factors billing demand shall be one-twelfth of the sum of the annual cost of the FCRTS Billing Energy shall be the monthly The billing factors shall be specified facilities used divided by the sum of sum of the scheduled kilowatt-hours, in advance by BPA, as to representing Transmission Demands. The annual cost unless otherwise specified in the the transmission service use or per kilowatt of Transmission Demand Agreement. reservation. for a facility constructed or otherwise Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36507 acquired by BPA shall be determined in Section III. Payment decreased by any revenues received accordance with the following formula: from nonfirm use and credits for all A. Advance Payment A government use. The general Payment to BPA shall be specified in methodology for determining the firm D the agreement as either: rate is to divide the revenue Where: 1. A lump sum advance payment; requirement by the total firm capacity A=The annual cost of such facility as 2. Advance payments pursuant to a requirements. Therefore, the higher the determined in accordance with A.1. schedule of progress payments; or total capacity requirements, the lower above. 3. Other payment arrangement, as will be the unit rate. D=The sum of the yearly noncoincident determined by BPA. If the government provides firm demands on the facility as Such advance payment or payments transmission service in its section of the determined in accordance with A.2. shall be based on an estimate of the Montana [Eastern] Intertie in exchange above. capital and related costs for the for firm transmission service in a The annual cost per kilowatt of specified FCRTS facilities as provided customer’s section of the Montana facilities listed in the agreement which in the agreement. Intertie, the payment by the government are owned by another entity, and used B. Adjustment to Advance Payment for such transmission services provided by BPA for making deliveries to the by such customer will be made in the transferee, shall be determined from the BPA shall determine the actual capital form of a credit in the calculation of the costs specified in the agreement and related costs of the specified FCRTS Intertie Charge for such customer. between BPA and such other entity. facilities as soon as practicable after the During an estimated 1- to 3-year period date of commercial operation, as following the commercial operation of Section IV. Determination of Billing determined by BPA. The customer will the third generating unit at the Colstrip Demand either receive a refund from BPA or be Thermal Generating Plant at Colstrip, Unless otherwise stated in the billed for additional payment for the Montana, the capability of the Federal agreement, the factor to be used in difference between the advance Transmission System west of Garrison determining the kilowatts of Billing payment and the actual capital and Substation may be different from the Demand shall be the largest of: related costs pursuant to BPA‘s Billing long-term situation. It may not be Procedures. A. The Transmission Demand in possible to complete the extension of kilowatts specified in the agreement; Schedule TGT–96 the 500-kV portion of the Federal Transmission System to Garrison by B. The highest hourly Measured or Townsend-Garrison transmission rate Scheduled Demand for the month, the such commercial operation date. In such Measured Demand being adjusted for Section I. Availability event, the 500/230 kV transformer will be an essential extension of the power factor; or This schedule supersedes TGT–95 Townsend-Garrison Intertie facilities, C. The Ratchet Demand. and shall apply to all agreements which and the annual costs of such transformer provide for the firm transmission of Schedule AF–96 Advance Funding Rate will be included in the calculation of electric power and energy over the Intertie Charge. Section I. Availability transmission facilities of BPA’s section However, starting 1 month after of the Montana [Eastern] Intertie. This schedule is available to extension to Garrison of the 500-kV Service under this schedule is subject to customers who execute an agreement portion of the Federal Transmission BPA’s General Rate Schedule Provisions that provides for BPA to collect capital System, the annual costs of such and Adjustments, Charges, and Special and related costs through advance transformer will no longer be included Rate Provisions. Bills shall be rendered funding or other financial arrangement in the calculation of the Intertie Charge. and payments due pursuant to BPA—s for specified BPA-owned Federal Billing Procedures. Service under this A. Nonfirm Transmission Charge Columbia River Transmission System schedule is subject to BPA’s General (FCRTS) facilities used for: This charge will be filed as a separate Rate Schedule Provisions. Bills shall be rate schedule and revenues received A. Interconnection or integration of rendered and payments due pursuant to resources and loads to the FCRTS; thereunder will reduce the amount of BPA—s Billing Procedures. revenue to be collected under the B. Upgrades, replacements, or Intertie Charge below. reinforcements of the FCRTS for Section II. Rate transmission service; or The monthly charge shall be one- B. Intertie Charge for Firm Transmission C. Other transmission service twelfth of the sum of the annual charges Service arrangements, as determined by BPA. listed below, as applicable and as Intertie Charge = [((TAC/12-NFR) × Service under this schedule is subject to specified in the agreements for firm (CR–EC) TCR ] BPA’s General Rate Schedule. Bills shall transmission. The Townsend-Garrison be rendered and payments due pursuant 500-kV lines and associated terminal, Section III. Definitions to BPA’s Billing Procedures. line compensation, and communication A. TAC = Total Annual Costs of facilities are a separately identified facilities associated with the Townsend- Section II. Rate portion of the Federal Transmission Garrison 500-kV Transmission line The charge is the sum of the actual System. Annual revenues plus credits including terminals, and prior to capital and related costs for specified for government use should equal annual extension of the 500-kV portion of the FCRTS facilities, as provided in the costs of the facilities, but in any given Federal Transmission System to agreement. Such actual capital and year there may be either a surplus or a Garrison, the 500/230 kV transformer at related costs include, but are not limited deficit. Such surpluses or deficits for Garrison. Such annual costs are the total to, costs of design, materials, any year shall be accounted for in the of: (1) Interest and amortization of construction, overhead, spare parts, and computation of annual costs for associated Federal investment and the all incidental costs necessary to provide succeeding years. Revenue requirements appropriate allocation of general plant service as identified in the agreement. for firm transmission use will be costs; (2) operation and maintenance 36508 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices costs; (3) allowance for BPA’s general Section I Adoption of Revised Rate Section II. Adjustments, Charges, and administrative costs which are Schedules and General Rate Schedule Special Rate Provisions appropriately allocable to such Provisions A. Conservation Surcharge (PF/NR only) facilities; and (4) payments made Section II Adjustments, Charges, and pursuant to section 7(m) of Public Law Special Rate Provisions The Conservation Surcharge, where 96–501 with respect to these facilities. implemented, shall be applied in Total Annual Costs shall be adjusted to Section III Definitions accordance with relevant provisions of reflect reductions to unpaid total costs Section I. Adoption of Revised Rate the Northwest Power Act, BPA’s current as a result of any amounts received, Schedules and General Rate Schedule conservation surcharge policy, and the under agreements for firm transmission Provisions service over the Montana Intertie, by the customer’s Power Sales Contract with government on account of any reduction A. Approval of Rates BPA. The PF and NR rate schedules are in Transmission Demand, termination subject to the Conservation Surcharge. If These 1996 wholesale power and or partial termination of any such a portion of the customer’s service area transmission rate schedules and General agreement or otherwise to compensate is subject to the surcharge, then the Rate Schedule Provisions (GRSPs) shall BPA for the unamortized investment, amount of the surcharge shall equal 10 annual cost, removal, salvage, or other become effective upon interim approval percent of the total charge for all PF and cost related to such facilities. or upon final confirmation and approval NR power purchases multiplied by the by the Federal Energy Regulatory B. NFR = Nonfirm Revenues, which ratio of: (a) the Purchaser’s total retail Commission (FERC). Bonneville Power are equal to: (1) the product of the load that is subject to the surcharge; and Administration (BPA) has requested that Nonfirm Transmission Charge described (b) the customer’s total retail load. in II(A) above, and the total nonfirm FERC make these rates and GRSPs energy transmitted over the Townsend- effective on October 1, 1996, for The Conservation Surcharge shall be Garrison line segment under such customers who are billed by BPA on a applied monthly and shall equal 10 charge for such month; plus (2) the calendar month basis and on the first percent of the customer’s total monthly product of the Nonfirm Transmission day of the first billing month following charge for any portion of power Charge and the total nonfirm energy that date for all other customers. All rate purchased under each rate schedule transmitted in either direction by the schedules shall remain in effect until subject to the surcharge. The level of the Government over the Townsend- they are replaced or expire on their own residential surcharge will be determined Garrison line segment for such month. terms. by dividing the customer’s residential C. CR = Capacity Requirement of a B. General Provisions load not covered by a BPA-approved customer on the Townsend-Garrison Model Conservation Standards (MCS) 500-kV transmission facilities as These 1996 wholesale power and residential plan by the customer’s total specified in its firm transmission transmission rate schedules and the retail load, rounding the result to the agreement. GRSPs associated with these schedules nearest one-tenth of a percent and D. TCR = Total Capacity Requirement supersede BPA’s 1995 rate schedules multiplying the resulting percentage by on the Townsend-Garrison 500-kV (which became effective October 1, 0.10. The level of the commercial transmission facilities as calculated by 1995) to the extent stated in the surcharge will be determined by adding (1) the sum of all Capacity Availability section of each rate dividing the customer’s commercial Requirements (CR) specified in schedule. These schedules and GRSPs transmission agreements described in load not covered by a BPA-approved shall be applicable to all BPA contracts, MCS commercial plan by the customer’s section I; and (2) the Government’s firm including contracts executed both prior capacity requirement. The total retail load, rounding the result to to, and subsequent to, enactment of the the nearest one-tenth of a percent and Government’s firm capacity requirement Pacific Northwest Electric Power multiplying the resulting percentage by shall be no less than the total of the Planning and Conservation Act 0.10. The residential or commercial amounts, if any, specified in firm (Northwest Power Act). All sales under surcharge (one or the other, but not both transmission agreements for use of the these rate schedules are subject to the Montana Intertie. following acts as amended: the for any one customer) will be applied to E. EC = Exchange Credit for each Bonneville Project Act, the Regional all power purchases and/or exchanges customer which is the product of: (1) Preference Act (Pub. L. 88–552), the made by the customer under the the ratio of investment in the Federal Columbia River Transmission applicable rate schedules, using the Townsend-Broadview 500-kV System Act (Pub. L. 93–454), the Council’s surcharge methodology, and transmission line to the investment in Northwest Power Act (Pub. L. 96–501), will be applied subsequent to any other the Townsend-Garrison 500-kV and the Energy Policy Act of 1992 (Pub. rate adjustment. transmission line; and (2) the capacity L. 102–486). which the Government obtains in the B. Cost Contributions Townsend-Broadview 500-kV These 1996 rate schedules do not BPA has made the following resource transmission line through exchange supersede any previously established cost determinations: with such customer. If no exchange is in rate schedule which is required, by effect with a customer, the value of EC agreement, to remain in effect. 1. The forecasted average cost of for such customer shall be zero. C. Notices resources available to BPA under F. General Rate Schedule Provisions average water conditions is 22.56 mills (GRSPs): This section contains the For the purpose of determining per kilowatt-hour. combined GRSPs for power and elapsed time from ‘‘receipt’’ of a notice 2. The approximate cost contribution transmission rates. The GRSPs contain applicable to rate schedule and GRSP of different resource categories to each detailed descriptions of all adjustments, administration, a notice shall be deemed rate schedule is as follows: charges, and special rate provisions, and to have been received at 0000 hours on definitions of products and services and the first calendar day following actual of rate schedule terms: receipt of the notice. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36509 Resource cost con- a. Authorized Deviations power to be purchased under the tribution applicable 5-year rates (PF–96.5, IP–96.5 1. Load Shaping Purchasers or NR–96.5). The 5-year rate shall apply Rate schedule Federal The Authorized Deviation for any base sys- New re- to purchasers who purchase power from tem (per- sources purchaser who is buying BPA’s Load BPA under either the 1981 or 1996 cent) (percent) Shaping product is included in the PF, Contract and who comply with the NR, and IP billing factors; there is no requirements below. PF±96.2 ...... 100 0 separate adjustment for Authorized PF±96.5 ...... 100 0 Deviations. 1. Subscription Options IP±96.2 ...... 77.69 22.31 2. Other Purchasers The amount of power that customers IP±96.5 ...... 77.69 22.31 can purchase under the 5-year rate shall All other Purchasers who are subject NR±96.2 ...... 77.69 22.31 be based on one of the following to the Deviation Adjustment are eligible NR±96.5 ...... 77.69 22.31 methods. FPS±96 ...... 77.69 22.31 for an Authorized Deviation Adjustment. (In addition, they may be a. Percentage of Load Option subject to the Unauthorized Deviation C. Curtailment Charge (IP Only) This option is available only to: (a) Charge below.) The Purchaser shall pay Metered Requirements Customers and Curtailment charges are charges the established PF, NR, or IP rate, as Actual Computed Requirements assessed pursuant to section 9 of a DSI’s applicable, for the authorized deviation. Customers as designated in the 1981 1981 Contract for failure to purchase an b. Unauthorized Deviations Contracts; and (b) Full Requirements amount of power equal to 75 percent of 1. Unauthorized Deviation Charge Customers and Partial Requirements the DSI’s Operating Demand. Customers as designated in the 1996 D. Deviation Adjustment a. Demand Charge: Demand Charge Contracts who elect to purchase Load from applicable power rate schedule. Shaping from BPA. This option is not The Deviation Adjustment, described b. Energy Charge: 100 mills per kWh available for service to New Large Single below, applies to Partial Requirements in all months of the year. Loads (NLSL). Purchasers eligible to use Purchasers under the 1996 Contract. In 2. Application of the Unauthorized this option may select a single addition, for Full Requirements Deviation Charge percentage equal to or less than 100 percent for the 5-year period. If a customers who purchase under 1996 Application of the Unauthorized purchaser selects less than 100 percent, Contracts, the Deviation Adjustment Deviation Charge consists of three the remaining power purchased from applies to those customers who elect to separate calculations, each of which is BPA shall be billed at the PF–96.2, IP– have their billing factor for Load completed for each purchaser. Shaping reduced by an Industrial 96.2, or NR–96.2 rate, as appropriate. Exemption. In addition, the Deviation Positive Deviations For utility purchasers under 1981 Adjustment applies to purchasers under BPA will charge for positive Contracts using this option, the amount the Power Shortage rate. deviations on a monthly basis at the rate of subscribed load under the 5-year rate specified above. (There is no additional shall be a percentage of the purchaser’s 1. Definition of ‘‘Deviation’’ charge for negative deviations, but the Measured Demand and Energy. For DSIs purchasing under a 1981 Contract, the Deviation is the difference between customer is not relieved of its take-or- pay obligation for negative deviations.) amount of subscribed load at the 5-year the quantity of power that was actually rate shall be a percentage of the taken from BPA (Actual) and the Rate Period Excessive Purchases purchaser’s operating level and quantity the customer should have If, in the last month of the purchase measured energy. For Full and Partial taken pursuant to its power sales period, BPA determines that the Requirements utility and DSI customers contract (Obligation). If a customer’s Purchaser has taken more power than it under 1996 Contracts, the amount of Actual exceeds its Obligation, the is entitled to take to serve its actual subscribed load under the 5-year rate deviation is considered a ‘‘positive’’ Retail Load for the purchase period, shall be a percentage of the purchaser’s deviation; if its Actual is less than its then the Purchaser shall be subject to total actual Retail Load. Obligation, the deviation is termed the Unauthorized Deviation Charge for b. Block of Power Option ‘‘negative.’’ all such excessive purchases. This option is available to all 2. The Customer’s Purchase Obligation Diverted Power Adjustment Deviations purchasers except those serving New The customer’s purchase Obligation is If, in the last month of the purchase Large Single Loads. For purchasers period, the Purchaser has not taken a function of whether the customer is using this option, the amount of return of all of its Diverted Power (as purchasing BPA’s Load Shaping subscribed load at the 5-year rate shall described in the Billing Procedures), product. The actual description of the be the amount of demand and energy as then the Purchaser must pay BPA the specified by the purchaser. Purchasers Purchaser’s Obligation is provided in Unauthorized Deviation charge for all the Purchaser—s 1996 Contract. using this option cannot specify an Diverted Power that was not returned to amount of power that exceeds their 3. Application of the Deviation the Purchaser’s system during the rate contract entitlements. Priority Firm Adjustment period. Power, New Resource Firm Power, and E. Election Process Industrial Firm Power provided in The Deviation Adjustment is applied excess of the amount subscribed will be differently to customers purchasing 5-Year Rate Election billed at the appropriate 2-year rate. Load Shaping and those not purchasing Any purchaser, except utilities Purchasers under the 1996 Contract Load Shaping. Authorized Deviations participating in the residential exchange using this option must also specify an are determined and charged for first, under section 5(c) of the Northwest amount of power under the appropriate followed by Unauthorized Deviations. Power Act, must elect an amount of 2-year rate, as described in the contract. 36510 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices c. Consumer Facility Option selected for the period October 1, 1996, • 5.07 mills per kilowatt-hour for the This option is available to purchasers through September 30, 1998. months of May–June; • serving one or more New Large Single b. Purchasers under 1996 Contracts 5.37 mills per kilowatt-hour for the Loads. Purchasers under this option month of July; Purchasers under 1996 Contracts must must elect to purchase under either the • 5.77 mills per kilowatt-hour for the elect to purchase power under the 5- NR–96.2 rate or the NR–96.5 rate to month of August. year rate through provisions provided in serve all of that purchaser’s NLSL FPS purchasers are subject to the Energy the contract. Such election will occur at load(s). For purchasers using this Return Surcharge stated above unless the time a purchaser signs this contract, option, the amount of subscribed load to their agreement with BPA specifically but in no event later than August 1, be served shall be the sum of the provides otherwise. 1996. measured amounts of power (demand G. Guaranteed Delivery Charge (NF and energy) at all designated consumer 2-Year Rate Election Only) facilities. Priority Firm Power, Industrial Firm 2. Notification Requirements Power, and New Resource Firm Power A surcharge of 2.00 mills per kilowatt- purchasers under the 1996 Contract hour of Billing Energy is applied Purchaser must notify BPA, no later purchasing all or a portion of their whenever BPA guarantees delivery of than August 1, 1996, of their election to power under a 2-year rate must specify nonfirm energy to a Purchaser under the purchase power under the applicable 5- the amount of demand, and the amount Standard rate or Market Expansion rate. year rate. of energy for HLH and LLH, for each H. Industrial Exemption and Industrial a. Purchasers Under 1981 Contracts month of the period October 1, 1996, Curtailment through September 30, 1998. For customers continuing to receive Subscriptions for the 2-year rate will be Both Industrial Exemption and service under the 1981 Contract, such made through provisions provided in Industrial Curtailment are available to notification shall be in writing and must the contract. PF, NR, and IP purchasers purchasers under the 1996 Contract specify the amount of power that a under a 1981 Contract purchasing all of only. purchaser agrees to purchase their power under a 2-year rate do not Industrial Exemption adjusts the exclusively from BPA (subscription need to make a subscription. billing factor for Load Shaping by amount) over the 5-year rate period, subtracting exempt industrial loads using either the percentage of load Load Shaping Election specified by the Purchaser. Each option, the block of power option, or the Any purchaser of load shaping, except exempted industrial load must be consumer facility option (Subscription utilities participating in the Residential greater than 5 aMW and must be Options) as described above. Exchange under section 5(c) of the separately metered. The customer is Purchasers selecting the percentage of Northwest Power Act and purchasers responsible for ensuring that variations load option must specify a single under the Composite Rate, must elect to from forecast are provided for; percentage that will apply in each purchase the product at either the 2-year deviations may be subject to the month of the 5-year period. rate or the 5-year rate. The purchaser Deviation Adjustment. Purchasers selecting the block of must notify BPA no later than August 1, power option must specify the amount Industrial Curtailment allows the 1996, of its rate election for the load purchaser to decrease the forecast of its of demand, and the amount of energy shaping product. for HLH and LLH, for each month of the exempt industrial loads during any first 2 years in which the rate is Load Regulation Election billing month. The charge is $0.35 per MWh applied to the megawatthours of effective, October 1, 1996, through Same as for load shaping, above. September 30, 1998. For the remaining industrial curtailment rights nominated 3 years of the rate, FYs 1999, 2000, and F. Energy Return Surcharge (PF/NR/FPS for the month. 2001, the purchasers selecting the block Only) I. Low Density Discount (PF Only) of power option must specify annual Any purchaser: 1. Basic LDD Principles amounts of demand, HLH energy, and 1. who preschedules in accordance LLH energy. Annual subscription with sections 2(a)(4) and 2(c)(2) of A predetermined discount shall be amounts for years 3–5 cannot exceed the Exhibit E of the 1981 Contract and who applied each billing month to the annual amounts for years 1–2 unless the returns, during a single offpeak hour, charges for all power (excluding increase is due to load growth. more than 60 percent of the difference transmission services) purchased under Purchasers will specify the monthly between that Purchaser’s Billing the PF and NR rate schedules by eligible amounts for FYs 1999–2001 in Demand and Computed Average Energy purchasers as defined in section 2, subsequent notices, based on the Requirement for the billing month, or below. The discount shall be calculated previously selected annual amounts. By 2. who purchases capacity under the on an annual basis and shall become February 1, 1998, these purchasers must FPS rate schedule, returns more than 60 effective with the first billing period in submit to BPA their monthly amounts of percent of its Contract Demand for the the calendar year. Retroactive billing for demand and HLH and LLH energy for billing month during a single offpeak the LDD may be required if the data are the period beginning October 1, 1999, hour, and is subject to the Energy not available by the January billing date. through September 30, 2000. By Return Surcharge shall be subject to the The level of the discount shall be February 1, 2000, these purchasers must following charge for each additional determined from the following ratios submit to BPA their monthly amounts of kilowatt-hour so returned: based on information for the utility’s demand and HLH and LLH energy for • 3.63 mills per kilowatt-hour for the entire system in the Pacific Northwest, the period beginning October 1, 2000, months of September-December; regardless of whether the utility has through September 30, 2001. Purchasers • 3.83 mills per kilowatt-hour for the service areas in more than one state or who fail to submit subsequent monthly months of January–March; whether the utility is participating in amounts shall be deemed to have • 3.27 mills per kilowatt-hour for the the residential exchange program in elected the same monthly shape month of April; more than one state jurisdiction: Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36511 a. The kWh/Investment Ratio the utility has service areas in more than c. the Purchaser’s average retail rate The kWh/Investment ratio is one state or whether the utility is for the reporting year must exceed the calculated by dividing the purchaser’s participating in the residential exchange average applicable Priority Firm Power total electric energy requirements program in more than one state rate for the qualifying period by at least during the previous calendar year (the jurisdiction. Results of the calculations 10 percent. For Calendar Year (CY) purchaser’s firm sales, nonfirm sales to shall not be rounded. 1996, the average Priority Firm Power firm and nonfirm retail loads, sales for Customers who have not provided rate shall be the average of the PF–95 resale, and associated losses) by the BPA with all four requisite pieces of Preference rate for 9 months and the value of the purchaser’s depreciated annual data (see 1.a. and 1.b, above) by PF–96 Preference rate for 3 months. For electric plant (excluding generation June 30 of each year shall be declared CY 1997, the average Priority Firm plant) at the end of such year, and ineligible for the LDD effective with the Power rate shall be the PF–96 June billing period for that year. BPA Preference rate. For Purchasers under b. The Consumers/Mile of Line Ratio shall extend a customer’s eligibility the PF–96.2 rate or the PF–96.5 rate, the The Consumers/Mile of Line ratio is from the previous year through the June applicable rate shall be used for the calculated by dividing the average billing period of the following year and calculation. For customers purchasing a number of consumers (annual and shall make any necessary retroactive portion of their load under each of the seasonal consumers with residential, adjustments once the new data have PF–96 rates, an average of the applicable industrial, commercial, and irrigation been processed. If no data have been rates shall be calculated, weighting the accounts, but excluding the average received by December 31 for the PF–96.2 rate by the Purchaser’s number of consumers associated with previous calendar year, BPA shall subscription at that rate and the PF–96.5 separately billed services for water assume that the utility did not qualify rate by the Purchaser’s subscription at heating, electric space heating, and for an LDD for that year. LDDs issued that rate; security lights) during the previous from January 1 to June 30 shall be d. the Purchaser’s kilowatt-hour-to- calendar year by the average number of assumed to have been in error, and the investment ratio (Ratio 1.a) must be less pole miles of distribution line for such utility shall be billed for any such than 100; year, calculated by halving the sum of discounts issued. e. the Purchaser’s consumers-per-mile the end-of-year pole mile figures for the Revisions to the data used to calculate ratio (Ratio 1.b) must be less than 12; previous year and the current year. the amount of the LDD may be made by and Distribution lines are defined as those the purchaser for a period of up to 2 f. the Purchaser must qualify for a that deliver electric energy from a years from the first day to which the discount based on the criteria in section substation or metering point, at a data apply. However, such revisions 3, below. shall not apply to periods when the voltage of 34.5 kV or less, to the point 3. Discounts of attachment to the consumer’s wiring customer was ineligible for a discount and include primary, secondary, and due to late data submission. The Purchaser shall be awarded the lesser of the following discounts, service facilities. 2. Eligibility Criteria These calculations shall be based on provided such discount does not differ average annual data provided in the To qualify for a discount, the from the Purchaser’s current discount Purchaser’s financial and operating purchaser must meet all six of the by more than one-half of 1 percent per reports which they submit periodically following eligibility criteria: year: to BPA (usually monthly or quarterly). a. the Purchaser must serve as an a. 7 percent, or In calculating these ratios, BPA shall electric utility offering power for resale; b. the sum, not to exceed 7 percent, compile the data submitted by the b. the Purchaser must agree to pass of the two potential discounts for which Purchaser based on the Purchaser’s the benefits of the discount through to the Purchaser qualifies based on the entire electric utility system in the the Purchaser’s consumers within the qualifying criteria specified in the Pacific Northwest, regardless of whether region served by BPA; following table: Applicable range for Applicable range for Percentage discount kWh/investment (K/I) consumers/mile (C/M) ratio ratio 0.0 ...... 35.0l× 12.0≤× 0.5 ...... 31.5≤×<35.0 10.8≤×<12.0 1.0 ...... 28.0≤×<31.5 9.6≤×<10.8 1.5 ...... 24.5≤×<28.0 8.4 ≤×<9.6 2.0 ...... 21.0≤×<24.5 7.2≤×<8.4 2.5 ...... 17.5≤×<21.0 6.0≤×<7.2 3.0 ...... 14.0≤×<17.5 4.8≤×<6.0 3.5 ...... 10.5≤×<14.0 3.6≤×<4.8 4.0 ...... 7.0≤×<10.5 2.4≤×<3.6 4.5 ...... 3.5≤×<7.0 1.2≤×<2.4 5.0 ...... ×<3.5 ×<1.2 If the Purchaser satisfies eligibility a. the previous year’s discount plus discount is less than the previous year’s criteria 2.a.-2.e, above, and the discount one-half percent if the calculated discount. calculated above differs from the discount exceeds the previous year’s The foregoing formula will be applied existing discount by more than one-half discount; or each successive year until the then- of 1 percent, the applicable discount b. the previous year’s discount minus current calculated discount is fully will be: one-half percent if the calculated phased in. 36512 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices If the Purchaser fails to satisfy nonfirm energy sales forecasted each shall be divided by the number of years eligibility criteria 2.a.-2.e. above, the general rate case for the applicable test for which MGPs were reported and applicable discount will be zero. period. rounded to the nearest one-tenth of a BASC shall be redetermined in each cent; and J. NF Rate Cap subsequent general rate case according iii. dividing the average monthly 1. Application of the NF Rate Cap to the above formula and will be in California gas price in ‘‘i’’ above, by the The NF Rate Cap defines the effect for the entire rate period over average monthly California gas price in maximum nonfirm energy price for which the rates are in effect. ‘‘ii’’ above, and rounding to the nearest one-tenth, or three significant places. general application. At no time shall the 5. Determination of the Decremental total price for BPA’s nonfirm energy, Fuel Cost (DEC) 10 = the factor for converting gas prices including any applicable service charges stated in cents per million Btu to or rate adjustments, sold under any The Decremental Fuel Cost shall be mills per kWh. The factor assumes applicable rate schedule exceed the NF determined monthly by BPA. For a heat rate of 10,000 Btu per Rate Cap. The level of the NF Rate Cap purposes of calculating the NF Rate Cap, kilowatt-hour. is based on a formula tied to BPA’s a weighted average of gas and petroleum prices for California will be used for b. Determination of WGU, Historical system cost and California fuel costs. Gas Use in California. The NF Rate Cap applies to all sales of approximating decremental fuel costs. nonfirm energy under any applicable All quantities are to be rounded to the WGU = CGU * HGU rate schedule for a 12-year period nearest tenth of a mill in making the where: beginning October 1, 1987. calculation. CGU = the monthly net gas-fired The monthly decremental fuel cost generation, expressed in 2. Monthly Customer Notification of the shall be calculated using the following gigawatthours, for California in the Value of the NF Rate Cap formula: most recent monthly issue of EPM Prior to the beginning of each DEC = [ (MGP * WGU) + (MOP * published by the EIA, U.S. calendar month, BPA shall determine WOU)] / (WGU + WOU) Department of Energy. the effective NF Rate Cap for that where: HGU = the historical relationship month. BPA is obligated to provide MGP = the monthly California gas price between gas consumption in the advance notification of the NF Rate Cap WGU = historical gas use in California effective month of the NF Rate Cap level to purchasers of nonfirm energy. MOP = the monthly California (month t) and the month for which This notification requirement does not petroleum price gas consumption is reported in EPM apply if BPA does not intend to offer WOU = historical petroleum use in (month r) using the following Nonfirm Energy at prices above BPA’s California procedures: Average System Cost (BASC) at any time a. Determination of MGP, the Monthly i. summing the reported net-gas fired during a month. BPA shall give the California Gas Price. generation for California, expressed in notification to the purchasers at least 10 MGP = AGP * HGP / 10 gigawatthours, from EPM for month t for calendar days prior to the first day of where: the years beginning with calendar year any calendar month in which the NF AGP = the average gas price for 1982 up to and including the prior Rate Cap is expected to apply. BPA shall California electric utility plants calendar year. The sum of California’s also maintain, on file for public review, expressed in cents per million Btu historical monthly consumption shall be a record of the NF Rate Cap by month as reported in the most recent divided by the number of years for throughout the 12-year period that the monthly issue of Electric Power which gas consumption was reported cap is in effect. Monthly (EPM) published by the and rounded to the nearest gigawatthour; 3. NF Rate Cap Formula Energy Information Administration (EIA), U.S. Department of Energy. ii. summing the reported net gas-fired The NF Rate Cap shall be equal to the HGP = the historical relationship generation for California, expressed in greater of the following: between gas prices in the effective gigawatthours, from EPM for month r for a. BASC; or the years beginning with calendar year b. BASC+[0.30 * (DEC—BASC)] month of the NF Rate Cap (month t) and the month in which the gas 1982 up to and including the prior where: prices are reported in EPM (month calendar year. The sum of California’s BASC=BPA’s Average System Cost historical monthly consumption shall be DEC=The Decremental Fuel Cost r) using the following procedures: i. summing all California gas prices, divided by the number of years for 4. Determination of BPA’s Average expressed in the nearest one-tenth of a which gas consumption was reported System Cost (BASC) cent per million Btu, reported in EPM and rounded to the nearest gigawatthour; and BPA’s Average System Cost is for month t for the years beginning with iii. dividing the average consumption calculated by dividing BPA’s Total calendar year 1982 up to and including of gas in California for the month t as System Costs by BPA’s Total Annual the prior calendar year. The sum of the determined in ‘‘i’’ above by the average System Sales, where: historical monthly California gas prices a. BPA’s Total System Costs are the shall be divided by the number of years consumption of gas for the month r as sum of all BPA’s costs forecasted in for which MGPs were reported and determined in ‘‘ii’’ above and rounding each general rate case for the applicable rounded to the nearest one-tenth of a to the nearest one-tenth, or three rate period, including total transmission cent; significant places. costs, Federal base system costs, new ii. summing all California gas prices, c. Determination of MOP, the Monthly resource costs, exchange resource costs, expressed in the nearest one-tenth of a California Petroleum Price. and other costs not specifically cent per million Btu, reported in EPM MOP = AOP * HOP / 10 allocated to a rate pool, such as section for month r for the years beginning with where: 7(g) costs. calendar year 1982 up to and including AOP = same as AGP except the input b. BPA’s Total Annual System Sales the prior calendar year. The sum of the data is for the average petroleum are the sum of all BPA’s system firm and historical monthly California gas prices price (as opposed to the gas price). Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36513 HOP = same as HGP, except the data is mitigation does not apply to PF will be made such that the monthly bill for the petroleum price (as opposed purchased under a Residential Purchase to that customer will reflect an increase to the gas price). and Sale Agreement or an Exchange equal to 9 percent. In subsequent years, 10 = the same conversion factor as used Transmission Credit Agreement. no adjustment shall be made if the for converting the gas data. difference between (1) and (2) above is 1. Eligibility Criteria d. Determination of WOU, Historical less than or equal to 18 percent in the Petroleum Use in California. To qualify for the phase-in mitigation second year, 27 percent in the third WOU = COU * HOU a purchaser must: year, 36 percent in the fourth year, and where: a. be a Full Requirements customer of 45 percent in the fifth year. COU = the same as CGU except the data BPA as designated in the 1996 Contract, M. Preschedule Change Charge for monthly net petroleum-fired or a Metered Requirements customer of generation is used instead of the gas BPA as designated in the 1981 Contract; As specified in the APS–96 rate data. b. agree to purchase all power from schedule, BPA shall apply the following HOU = the same as HGU, except the BPA for 5 years under one or more of charge to any customer who changes its data for petroleum consumption is BPA’s 5-year rate schedules; and preschedules after the close of the used instead of the gas data. c. have a rate increase greater than 9 preschedule window: $33 per change. percent for all BPA power purchases, 6. Changes in Data Sources rounded to the nearest one-tenth of a N. Reactive Power Charge In the event that the data used to percent, based on the determination in 1. Conditions for Application of the compute the NF Rate Cap become section 2 below. Reactive Power Charge unavailable, BPA may identify and 2. Determination of Rate Increase for A Purchaser that purchases power substitute other data sources for the Phase-In Mitigation under BPA’s wholesale power rate purpose of calculating the monthly NF schedules or transmission service on the Rate Cap. As a result of this data The percentage rate increase faced by Federal Columbia River Transmission substitution, it may also be necessary to a Full or Metered Requirements System (FCRTS) under BPA’s modify the NF Rate Cap methodology to purchaser will be calculated as follows: transmission rate schedules shall be achieve an NF Rate Cap that is a. Apply all applicable 1993 rate charged for its Reactive Power substantially equivalent in rate level to schedule (PF, NR, etc.) charges to the requirements for such service. that which would have resulted from individual customer’s FY 1996 expected The Reactive Power Charge will apply continued use of the data described in BPA purchases, as forecasted in the only to the Purchaser’s Reactive Power section 5, above. 1996 rate case by BPA. BPA shall notify interested parties of b. Apply all applicable 1996 rate requirements for which measured data its intent to substitute data sources or to schedule (PF, NR, transmission, etc.) exist. The Purchaser’s Reactive Power substitute data sources and change the charges to the individual customer’s FY requirements shall be measured at each NF Rate Cap methodology at least 120 1996 expected BPA purchases, as point of delivery and at each point of days prior to the billing month in which forecasted in the 1996 rate case by BPA. interconnection between BPA and the the change would become effective. In c. If the value of 2.b minus the value Purchaser where real power (MW) flow this notification, BPA shall explain the of 2.a, divided by 2.a, is greater than 9 is unidirectional and the Purchaser is reason(s) for the proposed changes and percent, rounded to the nearest tenth of taking delivery of real power (either describe its proposed alternative. a percent, the customer may notify BPA Federal or non-Federal). Points of Interested persons will have until close by letter to their Account Executive to delivery that are served by transfer over of business 3 weeks from the date of the phase in the 1996 rate increase. Such another utility’s transmission system notification to provide comments. notice must be received by BPA by will not be subject to a Reactive Power Consideration of comments and more September 1, 1996. Purchasers may not Charge unless: (1) the transferor imposes current information may cause the final apply for mitigation after this time a reactive power charge on BPA for serving such Purchaser’s load; or (2) data sources and the final NF Rate Cap 3. Rate Adjustment methodology to differ from BPA’s initial there are BPA Integrated Network proposal. BPA shall notify all affected If the purchaser meets the eligibility facilities between the Purchaser’s points parties, and those parties that submitted criteria and requests BPA to phase in its of delivery and the transferor’s system. comments, of its final determination 90 1996 rate increase, beginning each For points of interconnection, the flow days prior to the billing month in which October 1 of each year BPA will limit of real power must be unidirectional on the new NF Rate Cap parameters (data the monthly increase in the customer’s all hours during the billing month when sources/methodology) become effective. bill to 9 percent in the first year, with the FCRTS facilities are in service. The additional 9-percent increments in each Reactive Power Charge shall also apply K. Operating Reserves Adjustment (IP subsequent year over the effective to the Purchaser’s Reactive Power only) period of the 1996 5-year rates. requirements measured at points of The energy charges stated in the IP– The adjustment will be based on the integration where a Purchaser’s 96 rate schedules reflect a 3.05 mills per difference between: (1) the purchaser’s generating resource is directly kilowatthour credit for the operating total monthly payment assuming the connected to the FCRTS, unless the reserves a DSI provides to BPA pursuant 1993 rates for the billing month were Purchaser’s generating resource is to its power sales contract. If a DSI applied to power purchases for that either: (1) a synchronous generator chooses not to provide operating month; and (2) the purchaser’s total equipped with a voltage regulator; or (2) reserves, a billing adjustment will be monthly payment under the 1996 rates is equipped with Reactive Power control made to remove the credit. for that month. In the first year, if the devices that comply with BPA’s difference between the two is equal to interconnection standards. Such L. Phase-In Mitigation or less than 9 percent, no adjustment resource must actively support the The phase-in mitigation is available will be made to the purchaser’s monthly voltage schedule at the point of for Full or Metered Requirements bill. If the difference between the two is integration at all times, as determined Preference customers. Phase-in greater than 9 percent, an adjustment by BPA, for this exemption to apply. 36514 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Generating resources that do not satisfy ii. coincidental billing is, in BPA’s a. for the integration of resource the above criteria shall not be exempt sole determination, more practical for capacity or load not included in the from the Reactive Power Charge. A BPA. current service; and/or Purchaser will pay for its Reactive The Purchaser’s Reactive Billing b. for new service that uses either Power requirements at each point only Demand for the billing month shall be expanded or different transmission once. the larger of: facilities or requires changes in FCRTS The Purchaser may submit requests to i. the measured reactive demand operations. BPA for special consideration of unique during the billing month, or Reservation Fee will reserve capacity circumstances. BPA will consider the ii. the Ratchet Demand for Reactive for 1 year. A customer can request request and may make arrangements Power. The Ratchet Demand for yearly extensions up to a total with the Purchaser to address the Reactive Power is equal to 100 percent reservation period of 5 years. If during special circumstances. of the largest measured reactive demand the reservation period, another customer This Reactive Power Charge replaces during the preceding 6-year, 11 month requests service which can only be the Power Factor Adjustment provision period. The Ratchet Demand for satisfied out of the reserved capacity, included in BPA’s 1993 wholesale Reactive Power for the 6-year, 11-month then the customer with the reservation power rate schedules. Purchasers period preceding October 1, 1996, will must agree to pay the full monthly previously granted Power Factor be set at zero. charge for the Firm Transmission Adjustment waivers under BPA’s prior b. Reactive Energy Service. The charge becomes effective wholesale power rate schedules shall be on the date when the competing request The Purchaser’s Reactive Billing was to become effective. In the event the subject to the Reactive Power Charge. Energy shall be the measured reactive The charges for a Purchaser’s Reactive customer with the reservation elects to energy delivered at Purchaser’s point release the reserved capacity, the Power requirements under this during the billing month. (This quantity subsection shall be subject to the Reservation Fees paid for the current is the absolute value of all measured and past years will be forfeited. provisions of BPA’s Billing Procedures. reactive energy, not the net value 2. Rate created by summing the positive/lagging 2. Reservation Fee reactive energy and the negative/leading The Reservation Fee shall be a BPA will bill the Purchaser for its reactive energy.) total Reactive Power requirements at nonrefundable fee equal to one-twelfth each point each month according to the 4. Additional Adjustments of the annual cost of Firm Transmission methodology below. Service, as determined pursuant to the a. Resetting of the Ratchet Demand agreement, for each year or fraction of a. Reactive Demand BPA shall reset the Ratchet Demand a year in which the Customer chooses $0.08 per kVAr of lagging Reactive for the Purchaser’s Reactive Power to to postpone service. The Reservation Billing Demand during HLH in all zero for any point of delivery or point Fee shall be paid in a lump sum within months of the year. of interconnection if BPA determines 30 days of the date the agreement is $0.06 per kVAr of leading Reactive that both of the following criteria are executed, and, for yearly extensions, Billing Demand during LLH in all met: within 30 days of the beginning of the i. The Purchaser has reduced its months of the year. extension. The Reservation Fee shall be Reactive Power demand at such point to assessed annually until transmission b. Reactive Energy 20 percent or less of its real power service begins or the reservation period demand at such point on all hours in 0.16 mills per kVAr for all lagging and ends, whichever occurs first. The the month following implementation of leading Reactive Billing Energy during Reservation Fee shall be specified in the the corrective action. Corrective action all hours of all months of the year. executed agreement for transmission includes installing switchable service. 3. Billing Factors capacitors or reactors; and ii. BPA has not incurred capital 3. Billing Factors a. Reactive Demand expenditures to correct the problem in The billing factors shall be the same The Purchaser’s Reactive Billing the preceding 6-year, 11-month period. as the type of transmission service Demand shall be calculated b. Adjustment for Reactive Losses requested, as determined pursuant to independently for lagging Reactive the applicable transmission rate Power and leading Reactive Power at Measured data shall be adjusted for schedule. each point for which a Reactive Power reactive losses, if applicable, before Charge is assessed. determination of the Reactive Billing P. Transitional Service—Application of All reactive demands shall be Demand and Reactive Billing Energy. Rates During Initial Operation Period established in the particular Peak Period O. Reservation Fee for Transmission Under the 1981 Contract, and as (HLH) or Offpeak Period (LLH) hour Capacity specified in BPA’s Billing Procedures, during which the maximum applicable BPA may agree to bill the purchaser for reactive demand is placed on BPA, 1. Conditions for Application of Transitional Service. Transitional regardless of the time of the real power Reservation Fee Service shall apply to DSIs having new, peak. Reservation Fee is available to additional or reactivated plant facilities, All reactive demand shall be customers who enter into an agreement and utility purchasers serving industrial established on a non-coincidental basis, for Firm Transmission Service and want purchasers with power purchased from regardless of whether the Purchaser is to postpone taking such service until a BPA. Transitional Service will not be billed for real power or transmission on later date. Reservation Fee is available available under the 1996 Contract. a coincidental or non-coincidental basis, for new service or replacement of If the purchaser requests billing on a unless: existing service. When used to replace Daily Demand basis pursuant to its i. otherwise specified in the existing service, Reservation Fee is power sales contract and if BPA agrees agreement between BPA and the intended to reserve transmission to such billing, the kilowatt Billing Purchaser, or capacity: Demand for the billing month shall be Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36515 based on one of the following billing the amount that may be considered an September 30). The customer shall methods, as agreed to by BPA and the Unauthorized Increase. BPA first shall submit its end of calendar year purchaser, based on load characteristics determine the amount of Unauthorized Financial and Operating Report and and consistent with the procedures Increase related to demand and shall Generation Report (if applicable). BPA outlined in BPA’s Billing Procedures. If treat any remaining Unauthorized will develop the billing factors once for any reason agreement is not reached Increase as energy-related. they have received all necessary data on a billing method, paragraph 1 below from customers (usually in April). If a a. Unauthorized Increase in Demand shall serve as a default billing method. customer has not submitted the required Reactive power will continue to be That portion of any Measured data by June 1, BPA will prepare an billed normally. Demand hours that exceeds the demand estimate of the customer’s historical that the purchaser is contractually annual system load for the previous 1. Weighted Monthly Average of Daily entitled to take during the billing month calendar year, after consultation with Billing Demand and which cannot be assigned: the customer, and prepare the Utility The Billing Demand for each day is 1. To a class of power that BPA Factor from that estimate. Completed the maximum metered amount for any delivers on such hour pursuant to Utility Factors will be provided to the hour of that day. For the negotiated contracts between BPA and the customers. The first effective year for transitional period, each day’s Billing purchaser; or utility factors coincides with the first Demand is averaged with the Billing 2. To a type of power that the year of implementation of the new rate Demand of every other day in the purchaser acquires from sources other structure: October 1, 1996–September transitional period to compute the than BPA and that BPA delivers during 30, 1997. Historical data from the transitional period average. For the such hour, previous calendar year (January 1, remaining period of the billing month, shall be billed: 1995–December 31, 1995) will be used if any, the Billing Demand is the highest 1. In accordance with the provisions to develop the utility factor for this first of the daily maximum metered amounts. of the ‘‘Relief from Overrun’’ exhibit to year. The customer’s annual system load To compute the Billing Demand for the the 1981 Contract; or (in kWh) is defined as the total of: month, the average Billing Demand for 2. At the rate for Unauthorized (1) Retail load; plus the transitional period and the Billing Increase if such exhibit does not apply (2) Utility’s own use; plus Demand for the remaining period are or is not a part of the Purchaser’s power (3) Distribution losses; minus averaged, weighting each average by the sales contract. (4) Sales for resale. number of days in each period. b. Unauthorized Increase in Energy The Utility Factor for the applicable ÷ 2. Weighted Monthly Average of Daily The amount of Measured Energy fiscal year = customer system load HLH Billing Demand during a billing month that exceeds the energy purchases under the 1981 power amount of energy the purchaser is sales contract for the previous calendar The Billing Demand for each day is contractually entitled to take during that year. the maximum metered amount for any month and which cannot be assigned: Section III. Definitions HLH hour of that day. For the negotiated 1. To a class of power BPA delivers transitional period, each day’s Billing during such month pursuant to A. Products and Services Offered by Demand is averaged with the Billing contracts between BPA and the BPA Demand of every other day in the purchaser; or 1. Ancillary Services transitional period to compute the 2. To a type of power the purchaser transitional period average. For the acquires from sources other than BPA Ancillary Services are those services remaining period of the billing month, and which BPA delivers during such necessary to support the transmission of if any, the Billing Demand is the highest month, electric power from resources to load of the daily maximum metered amounts. shall be billed: while maintaining reliable operation of To compute the Billing Demand for the the FCRTS. Ancillary services include: month, the average Billing Demand for 1. In accordance with the provisions Scheduling and Dispatching, the transitional period and the Billing of the ‘‘Relief from Overrun’’ exhibit to Transmission Losses, Control Area Demand for the remaining period are the 1981 Contract; or Reserves for Resources, Control Area averaged, weighting each average by the 2. At the rate for Unauthorized Reserves for Interruptible Purchasers, number of days in each period. Increase if such exhibit does not apply and Load Regulation. or is not a part of the purchaser’s power Q. Unauthorized Increase Charge sales contract. 2. Construction, Test and Start-Up, and Station Service If specified in the applicable rate R. Utility Factor schedule, BPA shall apply the charge for Power for the purpose of Unauthorized Increase to any purchaser For purchasers under the 1981 Construction, Test and Start-Up, and taking demand and energy in excess of Contract, charges for Load Shaping and Station Service for a generating resource its contractual entitlement. Load Regulation are multiplied by a or transmission facility shall be made utility-specific, monthly Utility Factor. available to eligible purchasers under 1. Rate for Unauthorized Increase The Utility Factors to be used for the contract rate under the Firm Power a. Demand Charge: Demand Charge billing will be developed annually Products and Services (FPS) rate from applicable power rate schedule. based on historical data provided by the schedule. b. Energy Charge: 100 mills per kWh customers to BPA. The annual Utility Construction, test and start-up, and in all months of the year. Factor will be based on the customer’s station service power must be used in historical annual system load and the manner specified below: 2. Calculation of the Amount of purchases from BPA. Previous calendar a. Power sold for construction is to be Unauthorized Increase year historical data (January 1– used in the construction of the project. Each 60-minute clock-hour integrated December 31) will be used to develop an b. Power sold for test and start-up or scheduled demand shall be annual utility factor that will be in effect may be used prior to commercial considered separately in determining for the following fiscal year (October 1– operation—both to bring the project on 36516 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices line and to ensure that the project is level at a rate of greater than 50 MW per the terms of the agreement may further working properly. minute, regardless of the duration of define the service. c. Power sold for station service may this change. be purchased at any time following 10. Industrial Curtailment commercial operation of the project. 7. Firm Capacity without Energy Industrial Curtailment allows the Once the project has been energized for Firm Capacity without Energy is a purchaser to decrease the forecast of its commercial operation, the Purchaser product available under the PF–96.2 exempt industrial loads (see Industrial may use station service power for start- and NR–96.2 rate schedules to Exemption). up, shut-down, normal operations, and computed requirements customers who 11. Industrial Exemption operations during a shut-down period. hold 1981 Contracts. Customers who buy this product may take power from Industrial Exemption adjusts the 3. Control Area Services BPA during HLH and must return the billing factor for Full Load Shaping to Control Area Services are services that associated energy within 24 hours. This allow a customer to exempt industrial BPA provides to the Purchaser for real- product is also offered under the FPS loads from load shaping charges. With time fluctuations in the Purchaser’s rate schedule with delivery and return the exemption, the customer is power requirements during the delivery provisions that may differ from those responsible for covering variations in hour. With these services, BPA will available under the 1981 Contract. the industrial load, except for loads also deliver power to the Purchaser in covered by Industrial Curtailment. The amounts that change automatically in 8. Firm Power exempted industrial load must be response to changes in the Purchaser’s Firm Power available at the FPS rate greater than 5 aMW and must be loads or resource output located in is defined as firm energy with capacity, separately metered. BPA’s control area. These services meet firm energy without capacity, and/or 12. Industrial Firm Power the standards established by the North firm capacity that BPA may make American Electric Reliability Council available to the purchaser at BPA’s Industrial Firm Power is electric (NERC), Western Systems Coordinating discretion. Energy associated with the power that BPA will make continuously Council (WSCC), and the Northwest delivery of firm capacity must be available to a direct-service industrial Power Pool (NWPP) for regulating returned to BPA either before or after (DSI) purchaser subject to the terms of margin and spinning and non-spinning delivery of the capacity and in a manner the Purchaser’s power sales contract operating reserves. In addition, BPA consistent with the agreement between with BPA. Deliveries may be reduced or may also provide similar services to BPA and the Purchaser. interrupted as permitted by the terms of loads and resources outside BPA’s Firm Power may be used either for the Purchaser’s power sales contract control area. The general category, resale or direct consumption by with BPA. No Outage Adjustment shall Control Area Services, includes: purchasers both inside and outside the be made for power restricted to provide a. Control area reserves for resources; United States. Firm Power is guaranteed reserves. b. Control area reserves for interruptible to be continuously available to the 13. Load Regulation purchases; purchaser during the period covered by Load Regulation is the instantaneous c. Load regulation; the commitment, except for reasons of (second-by-second) regulation of the d. Eccentric load following; certain uncontrollable forces. Firm supply of firm power that BPA provides e. Other control area services. Power may be used to meet the to follow variations in customer’s loads standards established by the North 4. Control Area Reserves for Resources within the hour. The amount of Load American Electric Reliability Council Regulation provided is related to the Control Area Reserves for Resources (NERC), Western Systems Coordinating customer’s retail load. are the control area services necessary to Council (WSCC), and the Northwest back up generation located in BPA’s Power Pool (NWPP) for Operating 14. Load Shaping control area. Control Area Reserves for Reserves. Firm Power is also available Resources provides the generation Full Load Shaping provides coverage for various unbundled products, for the monthly difference between a following and operating reserves for the including: remainder of the delivery hour. utility purchaser’s actual and forecasted a. Construction, test and start-up, and retail loads. (Any deviations due to 5. Control Area Reserves for station service; changes in resource operations are Interruptible Purchases b. Power supplied for emergency use; subject to the Unauthorized Deviation Control Area Reserves for c. Replacement of lost generation during Adjustment or Unauthorized Increase Interruptible Purchases are the forced outages; Charge.) With the purchase of this operating reserves provided by BPA for d. Replacement of lost generation during product, a Purchaser will pay for only interruptible energy delivered to BPA’s planned outages; the power demand, HLH energy, and control area. Interruptible energy is e. Displacement of higher-cost firm LLH energy it takes. Similarly, DSI Load defined as energy deliveries that can be capacity resources which are Shaping, available to DSIs under a 1996 interrupted by the delivering control otherwise available to meet the Contract only, provides coverage for a area during the delivery hour. purchaser’s load; variation of up to 15 percent in a DSI f. Supplemental non-spinning operating customer’s actual and forecasted loads 6. Eccentric Load Following reserves; and due to changes in plant operations. Eccentric Load Following provides g. Other purposes. Economic displacement is not allowed instantaneous (second-to-second) under DSI Load Shaping. regulation of firm power supply for a 9. Firm Transmission Service A separate product, Partial Load Purchaser’s actual real-time eccentric Firm Transmission Service is the Shaping, is available to utilities under load within the hour. An eccentric load transmission service that BPA provides 1996 Contracts only. Partial Load is defined as any specific cyclic except for transmission service Shaping allows the Purchaser to specify customer or consumer load with the scheduled as nonfirm. If the firm service an amount of load shaping it will ability to change more than 50 MW in is provided pursuant to an agreement, purchase. If the Purchaser’s retail load Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36517 exceeds its forecast, BPA will provide and payment for that power made in 22. Scheduling and Dispatching additional demand and energy, limited accordance with the terms of those Scheduling and Dispatching consists to the amount specified by the agreements. of all scheduling and generation-related customer. If the Purchaser’s retail load 19. Priority Firm Power dispatch activities including: real-time is lower than forecast, BPA will relieve operation and control of generation the take-or-pay obligation up to the Priority Firm Power is electric power resources located within BPA’s control amount of load shaping specified. (capacity, energy, or capacity and area; prescheduling; associated 15. New Resource Firm Power energy) that BPA will make scheduling and dispatch; confirmation continuously available for resale to and verification of individual schedules, New Resource Firm Power is electric ultimate consumers and for direct including preschedules and real-time or power (capacity, energy, or capacity and consumption by public bodies, after-the-fact changes; associated losses; energy) that BPA will make cooperatives, and Federal agencies. and net interchange between control continuously available: Utilities participating in the residential areas. a. For any New Large Single Load, exchange under section 5(c) of the and a. Scheduling or prescheduling is the Northwest Power Act may purchase procedure to establish schedules b. For firm power purchased by Priority Firm Power pursuant to their investor-owned utilities (IOUs) pursuant between control areas for a Residential Purchase and Sale predetermined or before-the-fact use of to power sales contracts with BPA. Agreements (RPSA). Priority Firm New Resource Firm Power is to be the FCRTS. Power is not available to serve New b. Generation-related dispatch is all used to meet the Purchaser’s actual firm Large Single Loads. load within the Pacific Northwest. the dispatch activity related to the Deliveries of New Resource Firm Power Power purchased under the rate operation of generation located within may be reduced or interrupted as schedule is to be used to meet the BPA’s control area including, but not permitted by the terms of the purchaser’s actual firm load within the limited to, AGC and required current- Purchaser’s power sales contract with Pacific Northwest. Deliveries of Priority hour schedule changes. BPA. Firm Power may be reduced or c. Preschedule is the process of interrupted as permitted by the terms of identifying and activating accounts for 16. Nonfirm Energy the Purchaser’s power sales contract the hourly energy transactions that will Nonfirm Energy is energy that is with BPA. be implemented on the following day or supplied or made available by BPA to a 20. Reserve Power days. Purchaser under an arrangement that d. Preschedule Change is any change does not have the guaranteed Reserve Power is firm power sold to to a Preschedule transaction after the continuous availability feature of firm a Purchaser: close of the Preschedule Window and power. Nonfirm energy is sold primarily a. In cases where the purchaser’s prior to the hour of real-time under the Nonfirm Energy rate power sales contract states that the rate implementation of the schedule. schedule, NF–96. Nonfirm energy also for Reserve Power shall be applied; e. Preschedule Window is the period may be supplied under the NF–96 rate b. To provide service when no other of time during the commonly schedule to the Western Systems Power type of power is deemed applicable; or recognized workday when hourly schedules for the next day or days are Pool (WSPP) subject to terms and c. To serve the Purchaser’s firm power prepared and entered into the energy conditions agreed upon by the members loads under circumstances in which management system. participating in the WSPP and in BPA does not have a power sales f. Real-Time Change is any change to accordance with BPA policy for such contract in force with the purchaser. arrangements. However, Nonfirm a Prescheduled transaction during the Energy that has been purchased under a Deliveries of Reserve Power may be current day and any addition to a guarantee provision in the Nonfirm reduced or interrupted either as a result customer—s total daily schedules Energy rate schedule shall be provided of an uncontrollable force or when submitted during the Preschedule to the Purchaser in accordance with the necessitated by emergencies, system Window. provisions of that schedule and the maintenance requirements or other g. After-the-Fact Change is any change power sales contract if applicable. BPA factors related to continuity of service. to a scheduled transaction for a may make Nonfirm Energy available to 21. Residential Purchase and Sale historical day or days, including purchasers both inside and outside the Agreement (RPSA) Power changes required due to a customer’s United States. scheduling error. RPSA Power is power BPA sells to a 17. Nonfirm Transmission Service Purchaser pursuant to the Purchaser’s 23. Shaping Services Nonfirm Transmission Service is Residential Purchase and Sale Shaping Services are services interruptible transmission service. Agreement (RPSA) with BPA. Under provided by BPA to a Purchaser to 18. Power Supplied for Emergency section 5(c) of the Northwest Power Act, shape the output of the Purchaser’s Use BPA ‘‘purchases’’ power from each resource (or purchase) to the Purchaser’s Power Supplied for Emergency Use is RPSA customer at that utility’s average load. Shaping services may be provided electric energy and/or capacity that has system cost (ASC). BPA then offers, in on an hourly, daily, weekly, monthly, been supplied by BPA under the FPS exchange, to ‘‘sell’’ an equivalent seasonal, or other basis, and may rate schedule: amount of electric power to that include advance delivery of the resource a. For use during an emergency on the customer at BPA’s PF rate applicable to (or purchase) to the load. Shaping Purchaser’s system, or exchanging utilities. The amount of services are available under the FPS rate b. Following an emergency to replace power purchased and sold is equal to schedule. energy secured from sources other than the utility’s eligible residential and BPA during such emergency. small farm load. Benefits must be 24. Shortage Power Mutual emergency assistance may be passed directly to the utility’s Shortage Power is energy or energy provided under exchange agreements, residential and small farm customers. with capacity, provided by BPA to a 36518 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Purchaser to serve such purchaser’s 2. 1996 Contract lowest of the following demands during regional load under circumstances Contracts for the sale of firm power to that hour: where the Purchaser is in danger of Pacific Northwest customers pursuant to a. Operating Demand plus Auxiliary curtailing firm load even though the the requirements of the Northwest Demand, if any; b. Curtailed Demand; or Purchaser is operating all available Power Act are termed the ‘‘1996 resources and exercising all contractual c. Restricted Demand. Contracts’’ if they are effective on or Each DSI must request service from rights to firm power to the maximum after October 1, 1996. level feasible. In the event of a state- BPA for each billing month in ordered or regionwide load curtailment, 3. Auxiliary Demand (1981 DSI accordance with the terms of its power a power deficiency is deemed to exist Contract) sales contract. The requested level of for those Purchasers whose power Auxiliary Demand is the number of service under the 1981 Contract will be supply condition is in part causally kilowatts of Auxiliary Power that a DSI the BPA Operating Level, provided BPA related to the State(s)-initiated load requests and that BPA agrees to make does not need to restrict the DSI and curtailment. available to serve a portion of the DSI’s provided BPA agrees to supply any load during the period specified in the requested Auxiliary Demand. Each 25. Transitional Service DSI’s request. Auxiliary Power is power requested level of service may include Transitional Service is service that in excess of the DSI’s Operating a designation for both the Peak Period BPA provides to a DSI or utility Demand. The DSI may request up to and the Offpeak Period. A DSI may customer that has a large industrial load three levels of Auxiliary Demand during request, and BPA may agree to provide, that is being brought on-line. The load a billing month. a level of service for the Offpeak Periods may be a new industrial plant, a major If BPA agrees to a request for that differs from that in the Peak Period. addition to an existing industrial plant, Auxiliary Power but later becomes If a DSI does not separately designate a or reactivation of an existing industrial unable to supply such demand, the requested level of service for the Peak plant or major portion thereof. Pursuant Restricted Demand for Auxiliary Power and Offpeak Periods, the BPA Operating to its agreement with the customer, BPA is deemed to be the Auxiliary Demand Level is the basis for determining if a will serve the load and calculate the for such period of restriction. Auxiliary DSI has incurred an Unauthorized customer’s monthly Billing Demand to Power may be curtailed by the DSI Increase. account for the daily variations in the according to the provisions of section Any DSI whose Measured Demand industrial load. In order to receive this 9(a) of the DSI’s 1981 Contract. during any single hour exceeds the BPA service, the BPA customer must meet BPA shall make Auxiliary Power Operating Level for that hour shall be the eligibility requirements set forth in available to Industrial Firm Power subject to an Unauthorized Increase BPA’s Billing Procedures. purchasers under the Industrial Firm charge for each kilowatt and kilowatt- Power rate schedule. hour of Unauthorized Increase 26. Transmission Losses associated with each such overrun. 4. Billing Demand (Energy) Transmission losses are the power Only the BPA Operating Level losses associated with the transmission The Purchaser’s Billing Demand applicable during the Peak Period will of power over the FCRTS. The loss (Energy) is the amount of capacity be used in determining the Billing factor that represents the amount of (energy) to which the demand (energy) Demand for power purchased under the losses for a specific transaction is charge specified in the rate schedule is Industrial Firm Power rate schedule and included in the wheeling agreement or applied. When the rate schedule the Variable Industrial Power rate the rate schedule or tariff. includes charges for several products, schedule. During the Peak Period, the there may be a Billing Demand (Energy) BPA Operating Level may be no greater 27. Transmission Service quantity for each product. BPA than the Operating Demand for the As used in the MT rate schedule, establishes Billing Demand and Billing billing month unless the customer has Transmission Service is as defined in Energy quantities for both active power requested, and BPA has agreed to the Western Systems Power Pool (kilowatts/kilowatt-hours) and reactive supply, the Auxiliary Demand. Agreement. power (kilovars and kilovarhours). Various adjustments may be made to 6. Calculated Energy Capacity 28. Variable Industrial Power billing demand. At any POD that has an Calculated Energy Capacity is BPA’s estimate of the amount of energy load Variable Industrial Power is Industrial unbalanced phase current problem, BPA (aMW) that a DSI would consume if its Firm Power that is sold at the VI–96 shall calculate the Billing Demand by plant(s) is operating at full capacity. It rate, consistent with the terms and multiplying the largest of the adjusted is the billing factor for DSI Load conditions of the Variable Rate Contract Integrated Demands on any phase Shaping. between BPA and the Purchaser. during the billing month by three. BPA may continue this billing procedure 7. Composite Rate B. Definition of Rate Schedule Terms until the Purchaser has made the The Composite Rate applies to PF– 1. 1981 Contract necessary system corrections. Billing Demand also may be adjusted for certain 96.5 Purchasers under 1981 and 1996 The ‘‘1981 Contract’’ refers to the outages (providing the Purchaser an Contracts. Only customers whose initial power sales contracts that BPA Outage Credit) as specified in the average annual energy loads during the executed with its Pacific Northwest Purchaser’s agreement with BPA and 5-year purchase period, as forecasted by customers pursuant to the requirements pursuant to BPA’s Billing Procedures. BPA, are 25 average annual MW or less of the Northwest Power Act. Most of are eligible to purchase at this rate. The these contracts were executed in 1981, 5. BPA Operating Level (1981 DSI composite rate is a weighted average but some are dated ‘‘1984’’ or later. For Contract) rate that takes into account the relative purposes of these rate schedules, any The BPA Operating Level is, for the cost of typical quantities of each such contract effective prior to October purpose of these rate schedules and product purchased, including 1, 1996, is referred to for convenience as GRSPs, an hourly amount of industrial generation demand and energy, load a ‘‘1981 Contract.’’ power for a DSI that is equal to the shaping, and load regulation. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36519 8. Computed Average Energy contracted computed requirements a. All identifiable costs (expressed in Requirement (1981 Utility Contract) purchasers. mills per kilowatt-hour) associated with the use of a displaceable thermal For computed requirements 12. Computed Requirements Customer resource or end-user load with alternate purchasers, the Computed Average (1981 Utility Contract) fuel source to serve a purchaser’s load Energy Requirement shall be A Computed Requirements Customer that the purchaser is able to avoid by determined as specified in the is a Purchaser of Priority Firm and/or purchasing power from BPA, rather than purchaser’s power sales contract. That New Resource Firm Power who is generating the power itself or using an specification is provided in: designated as a computed requirements alternate fuel source; or a. Sections 16, 17(c), and 17(f), as customer by the terms of its 1981 b. All identifiable costs (expressed in adjusted by other sections of the contract. mills per kilowatt-hour) to serve the contract, for actual computed load of a displaceable purchase of requirements purchasers; 13. Contract Demand energy that the purchaser is able to b. Sections 16, 17(a), and 17(f), as The Contract Demand shall be the avoid by choosing not to make the adjusted by other sections of the maximum number of kilowatts that the alternate energy purchase. contract, for planned computed purchaser agrees to purchase and BPA All identifiable costs as used in the requirements purchasers; and agrees to make available, subject to any above definition may be reduced to c. Sections 16 and 17(b), as adjusted limitations included in the applicable reflect costs of purchasing BPA energy by other sections of the contract, for contract. BPA may agree to make such as transmission costs, losses, or contracted computed requirements deliveries at a rate in excess of the loopflow constraints that are agreed to purchasers. Contract Demand at the request of the by BPA and the purchaser. 9. Computed Energy Maximum (1981 purchaser, but shall not be obligated to 18. Direct Assignment Facilities Utility Contract) continue such excess deliveries. Any contractual or other reference to Direct Assignment Facilities are The Computed Energy Maximum Contract Demand as expressed in transmission facilities which are equals the Computed Average Energy kilowatt-hours shall be deemed, for the constructed by BPA for the sole use/ Requirement (CAER) multiplied by the purpose of these GRSPs, to refer to the benefit of facilitating a specific request number of hours in the billing month. term ‘‘Contract Energy.’’ for transmission service, the costs of HLH Computed Energy Maximum which are directly assigned to the equals the CAER multiplied by the 14. Contract Energy transmission customer requesting number of HLH in the month; LLH Contract Energy is the maximum service. Computed Energy Maximum equals the number of kilowatt-hours that BPA 19. Direct Service Industry (DSI) CAER multiplied by the number of LLH agrees to make available subject to any Delivery in the month. limitations included in the contractual agreement between BPA and the The DSI Delivery segment is the 10. Computed Maximum Requirement portion of the FCRTS that provides (1981 Utility Contract) Purchaser. Contract Energy may refer to an energy purchase from BPA or to an service to DSI customers at voltages of The Purchaser’s Computed Maximum amount of energy that BPA agrees to 34.5 kV and below. Requirement is the maximum amount of transmit over the FCRTS. 20. Eastern Intertie power that BPA is obligated to deliver to the Purchaser during the HLH of a 15. Curtailed Demand (1981 DSI The Eastern Intertie is the segment of month. The Computed Maximum Contract) the Federal Columbia River Transmission System (FCRTS) for Requirement is defined in section A Curtailed Demand is the number of which the transmission facilities consist 17(g)(1) of the Purchaser’s 1981 Contract kilowatts of Industrial Firm Power as the greater of the Purchaser’s of the Townsend-Garrison double- during the billing month which results circuit 500 kV transmission line Computed Peak Requirement and from a DSI’s request for such power in Computed Average Energy Requirement segment, including related terminals at amounts less than the Operating Garrison. unless the terms of section 7 Demand therefor. Each purchaser of (‘‘Allocation Provisions in the Event of Industrial Firm Power may curtail its 21. Electric Power Planning Insufficiency’’) apply. demand according to the terms of its Electric Power is electric peaking 11. Computed Peak Requirement (1981 1981 contract (which permits up to capacity (kilowatts) and/or electric Utility Contract) three levels of Curtailed Demand each energy (kilowatt-hours). month). For purchasers designated to purchase 22. Federal Columbia River on the basis of computed requirements, 16. Customer’s Load Transmission System the Computed Peak Requirement shall Customer’s Load is the customer’s The Federal Columbia River be determined as specified in the Network Load measured during the Transmission System (FCRTS) is purchaser’s power sales contract. That hour of the Monthly Transmission Peak comprised of the transmission facilities specification is provided in: Load. For customers with 1981 of the Federal Columbia River Power a. sections 16, 17(c), and 17(f), as Contracts, Customer’s Load is the power System, which includes all transmission adjusted by other sections of the taken under 1981 Contracts during the facilities owned by the government and contract, for actual computed hour of the Monthly Transmission Peak operated by BPA, and other facilities requirements purchasers; Load. over which BPA has obtained b. sections 16, 17(a), and 17(f), as transmission rights. adjusted by other sections of the 17. Decremental Cost contract, for planned computed Unless otherwise specified in a 23. Full Requirements Customer (1996 requirements purchasers; and contractual arrangement, Decremental Contract) c. sections 16 and 17(b), as adjusted Cost as applied to Nonfirm Energy As currently proposed by BPA, a Full by other sections of the contract, for transactions shall be defined as: Requirements Customer is a customer 36520 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices that has not been designated by BPA as Demand purchased from BPA under the billed in accordance with the provisions a Partial Requirements Customer under applicable rate schedule. The Measured of these GRSPs. the terms of its 1996 Contract. This term Demand is computed for the hour of the 34. Metered Demand will be further defined as 1996 Monthly Transmission Peak Load. If Contracts are developed. For purposes more than one class of power is The Metered Demand in kilowatts of these rate schedules, Full delivered to any point of delivery, the shall be the largest of the 60-minute Requirements Customers are those portion of the measured quantities clock-hour Integrated Demands at which purchasers under 1996 Contracts: (a) assigned to any class of power shall be electric energy is delivered to a with no resource; or (b) that have as agreed by the parties. The portion of purchaser: contracted for services with BPA or the total Measured Demand so assigned a. At each point of delivery for which another party for their resource(s) so shall constitute the Measured Demand the Metered Demand is the basis for that the purchaser retains Full for each such class of power. Any determination of the Measured Demand, Requirements status. residual quantity, after determination of b. During each time period specified the Purchaser’s contractual entitlement 24. Heavy Load Hours (HLH) in the applicable rate schedule, and at a particular rate, is considered c. During any billing period. Heavy Load Hours (HLH) are all those ‘‘unauthorized.’’ Unauthorized amounts hours in the Peak Period (6 a.m. to 10 (Unauthorized Increases under the 1981 Such largest Integrated Demand shall p.m., Monday through Saturday). Contract and Unauthorized Deviations be determined from measurements made in accordance with the provisions 25. Integrated Demand under the 1996 Contract) are considered a separate class of power when of the applicable contract and these Integrated Demand is the quantity determining Measured Demand and are GRSPs. This amount shall be adjusted as derived by mathematically ‘‘integrating’’ billed in accordance with the provisions provided herein and in the applicable kilowatt-hour deliveries over a 60- of these GRSPs. agreement between BPA and the minute period. In determining Measured Demand for Purchaser. 26. Light Load Hours (LLH) any Purchaser who experiences an 35. Metered Energy outage as defined in the Purchaser’s Light Load Hours (LLH) are all those The Metered Energy for a purchaser hours in the Offpeak Period (10 p.m. to agreement with BPA and in BPA’s Billing Procedures, BPA shall exclude shall be the number of kilowatt-hours 6 a.m. Monday through Saturday and all that are recorded on the appropriate hours Sunday). any abnormal Integrated Demand due to, or resulting from: metering equipment, adjusted as 27. Main Grid a. Emergencies or breakdowns on, or specified in the applicable agreement and delivered to a purchaser: As used in the FPT rate schedule, the maintenance of, the Federal System Main Grid is that portion of the Network Facilities; and a. At all points of delivery for which facilities with an operating voltage of b. Emergencies on the Purchaser’s metered energy is the basis for 230 kV or more. facilities to the extent Bonneville determination of the Measured Energy, determines that such facilities have and 28. Main Grid Distance been adequately maintained and b. During any billing period. As used in the FPT rate schedules, prudently operated. 36. Metered Requirements Customer Main Grid Distance is the distance in Partial interruptions shall be airline miles on the Main Grid between converted to an equivalent outage of A Metered Requirements Customer is the Point of Integration (POI) and the total Measured Demand. a customer that has been designated as Point of Delivery (POD), multiplied by such under the terms of its 1981 1.15. 33. Measured Energy Contract. 29. Main Grid Interconnection Terminal The Purchaser’s Measured Energy is 37. Monthly Transmission Peak Load that portion of its Metered or Scheduled As used in the FPT rate schedules, Energy that is purchased from BPA Monthly Transmission Peak Load is Main Grid Interconnection Terminal under the applicable rate schedule the monthly peak loading on the FCRTS refers to Main Grid terminal facilities during a particular season or diurnal for the billing month. that interconnect the FCRTS with non- period (HLH or LLH). If more than one 38. Network (or Integrated Network) BPA facilities. class of power is delivered to any point 30. Main Grid Miscellaneous Facilities of delivery, the portion of the measured The Network is the segment of the Federal Columbia River Transmission As used in the FPT rate schedules, quantities assigned to any class of System (FCRTS) for which the Main Grid Miscellaneous Facilities power shall be as agreed by the parties. transmission facilities provide the bulk refers to switching, transformation, and The portion of the total Measured of transmission of electric power within other facilities of the Main Grid not Energy so assigned shall constitute the the Pacific Northwest, as defined in included in other components. Measured Energy for each such class of power. Measured Energy for Load BPA’s Segmentation Study. 31. Main Grid Terminal Shaping and Load Regulation includes 39. Network Upgrades As used in the FPT rate schedules, both PF and NLSL (NR) purchases. Any Main Grid Terminal refers to the Main residual quantity, after determination of Network Upgrades are modifications Grid terminal facilities located at the the Purchaser’s contractual entitlement and/or additions to transmission-related sending and/or receiving end of a line, at a particular rate, is considered facilities that are integrated with and exclusive of the Interconnection ‘‘unauthorized.’’ Unauthorized amounts support BPA’s Network Transmission terminals. (Unauthorized Increases under the 1981 System to satisfy, at least in part, an Contract and Unauthorized Deviations application for transmission service as 32. Measured Demand under the 1996 Contract) are considered well as provide for the general benefit The Purchaser’s Measured Demand is a separate class of power when of all users of such Network that portion of its Metered or Scheduled determining Measured Energy and are Transmission System. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36521 40. Northern Intertie 45. Peak Period In the event that the Purchaser has The Peak Period (or HLH) includes decreased its demand under the terms of The Northern Intertie is the segment its agreement with Bonneville, of the Federal Columbia River the hours from 6 a.m. to 10 p.m., Monday through Saturday. Bonneville shall, as necessary, reduce Transmission System (FCRTS) for the Ratchet Demand to ensure that it which the transmission facilities consist 46. Phase-In Mitigation does not exceed the maximum demand of two 500-kV lines between Custer Phase-In Mitigation is available to permitted under the terms of the Substation and the United States- Agreement. Canadian border, one 500-kV line Full and Metered Requirements between Custer and Monroe Preference Purchasers who are 52. Reactive Power purchasing their firm requirements Substations, two 230-kV lines from Reactive Power is the out-of-phase under one or more of BPA’s 5-year rate Boundary Substation to the United component of the total voltamperes in schedules and whose 1996 rate increase States-Canadian border, and the an electric circuit. Reactive Power has for BPA purchases is at least 9 percent. associated substation facilities. two components: reactive demand If the purchaser meets the eligibility (expressed in kilovars or kVAr) and 41. Offpeak Period criteria and requests that BPA phase in reactive energy (expressed in its 1996 rate increase, BPA will limit the The Offpeak Period (or LLH) includes kilovarhours or kVArh). all hours which do not occur during the Purchaser’s annual rate increase to 9 Peak Period. Thus, the Offpeak Period percent each year for the 5-year period. 53. Restricted Demand (1981 DSI Contract) consists of the hours from 10 p.m. to 6 47. Point of Delivery (POD) a.m., Monday through Saturday, and all Restricted Demand is the number of hours Sunday. A Point of Delivery is where BPA kilowatts of Industrial Firm Power that delivers power to a customer. The results when BPA has restricted 42. Operating Demand (1981 DSI delivered power will be Federal power Contract) delivery of such power for one clock- to the extent that the customer is hour or more. BPA makes such The Operating Demand is that purchasing power under BPA’s restrictions pursuant to the terms of the demand which is established by each wholesale power rate schedules, and it DSI’s power sales contract with BPA. In DSI in accordance with section 5(b) of will be non-Federal power to the extent a given billing month, there are as many the DSI’s 1981 Contract. Unless the DSI that the customer is purchasing possible levels of Restricted Demand for has requested, and BPA has granted, an transmission services from BPA. a DSI as the number of restrictions. Auxiliary Demand, the Operating 48. Point of Integration (POI) 54. Retail Load Demand establishes a limit with respect A Point of Integration is a connection to: Retail Load for a utility or Federal point between the FCRTS and non-BPA agency is the purchaser’s regional retail a. The hourly demand which the facilities where non-Federal power is purchaser may impose on BPA; and energy load during any given time made available to BPA for wheeling. period plus distribution losses and the b. The total amount of energy during purchaser’s system power requirements. a billing month which the DSI is 49. Point of Interconnection No distinction is made between load entitled to purchase from BPA. A Point of Interconnection is a that is served with BPA power and load 43. Opportunity Cost connection point between the FCRTS that the customer serves with power and non-BPA facilities where there is a acquired from other sources. Retail Load Opportunity Cost is the net loss of change in facility ownership. for a DSI is the purchaser’s total energy revenue or the net increase in 50. Purchaser load at facilities eligible for BPA service generation cost caused by displacing during any given time period, one transaction with another when the Pursuant to the terms of an agreement irrespective of whether the customer has transmission system is so constrained and applicable rate schedule(s), a chosen to serve its load with BPA or that both transactions cannot be Purchaser contracts to pay BPA for non-Federal power. Retail Load is the handled at the same time. Loss of providing a product or service. billing factor for Load Shaping and Load revenue resulting from competition 51. Ratchet Demand Regulation for certain purchasers. shall not be included in the determination of the Opportunity Cost. The Ratchet Demand in kilowatts is 55. Scheduled Demand Opportunity Cost shall be determined the maximum demand established The Scheduled Demand in kilowatts consistent with FERC policy. during a specified period of time either is the largest of the hourly demands at during, or prior to, the current billing which electric energy is scheduled for 44. Partial Requirements Customer period. The demand on which the (1996 Contract) transmission on the FCRTS or delivery ratchet is based is specified in the to a purchaser: As currently proposed by BPA, a relevant rate schedule or in these a. To each system for which Partial Requirements Customer is a GRSPs. When the Ratchet Demand is Scheduled Demand is the basis for Purchaser (utility, Federal Agency, or used as a billing factor, BPA shall have determination of the Measured Demand; DSI) that is designated as a Partial specified the following information in b. During each time period specified Requirements Customer by the terms of the appropriate rate schedules or in the applicable rate schedule; and its 1996 Contract. This term will be GRSPs: c. During any billing period. further defined as 1996 Contracts are a. The period of time over which the Scheduled amounts are deemed developed. For purposes of these rate ratchet shall be calculated; delivered for the purpose of determining schedules, Partial Requirements b. The type of demand to be used in Billing Demand. Customers are those purchasers under the calculation; and 1996 Contracts that dedicate generation c. The percentage (if any) of that 56. Scheduled Energy resources or purchases to serve their demand that will be used to calculate The Scheduled Energy in kilowatt- retail load in specific amounts. the Ratchet Demand. hours shall be the sum of the hourly 36522 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices demands at which electric energy is lines from John Day Substation to the total Measured Demand for all scheduled for delivery to a purchaser: Oregon-California border, a portion of designated consumer facilities. a. For each system for which the 500 kV AC line from Buckley 2-Year Demand Subscription scheduled energy is the basis for Substation to Summer Lake Substation, (Substitute ‘‘HLH Energy’’ or ‘‘LLH determination of the Measured Energy, and the 500 kV AC Intertie facilities Energy’’ for ‘‘Demand’’ as appropriate). and which include Captain Jack Substation, The Purchaser’s 2-Year Demand b. During any billing period. the Alvey-Meridian AC line, one 1,000 Subscription is the maximum amount of Scheduled amounts are deemed kV DC line between the Celilo capacity (demand), as designated by the delivered for the purpose of determining Substation and the Oregon-Nevada purchaser, that the purchaser elects to Billing Energy. border; and associated substation purchase from BPA under the 57. Secondary System facilities. applicable 2-year rate schedule for each month. A purchaser’s demand 63. Subscription As used in the FPT and IR rate subscription forms the basis for the schedules, Secondary System is that A Purchaser’s Subscription is the monthly billing demand for that portion of the Integrated Network amount(s) of a particular product(s) a purchaser. Only purchasers receiving facilities with an operating voltage of Purchaser is entitled to purchase from service under the 1996 Contracts are less than 230 kV. BPA during a billing month. When a required to subscribe to an amount of 58. Secondary System Distance Purchaser must provide BPA with its demand at the 2-year rate schedule. Subscription is specified in the As used in the FPT rate schedules, Purchaser’s 1996 Contract with BPA. 64. Total Transmission Demand Secondary System Distance is the 5-Year Demand Subscription Total Transmission Demand is the number of circuit miles of Secondary (Substitute ‘‘HLH Energy’’ or ‘‘LLH sum of all the transmission demands as System transmission lines between the Energy’’ for ‘‘Demand’’ as appropriate). defined in the applicable Agreement. secondary POI and either the Main Grid The Purchaser’s 5-Year Demand or the secondary POD, or between the 65. Transmission Demand Subscription is the maximum amount of Main Grid and the secondary POD. capacity (demand), as designated by the Transmission Demand is the demand 59. Secondary System Interconnection purchaser, that the purchaser elects to for transmission services as specified in Terminal purchase from BPA under the the applicable Agreement. As used in the FPT rate schedules, applicable 5-year rate schedule for each 66. Utility Delivery Secondary System Interconnection month. A purchaser’s demand subscription forms the basis for the The Utility Delivery segment is the Terminal refers to the terminal facilities portion of the FCRTS that provides on the Secondary System that monthly billing demand for that purchaser. For purchasers designating a service to utility customers at voltages interconnect the FCRTS with non-BPA of 34.5 kV and below. facilities. monthly megawatt amount, the 5-Year Demand Subscription for that 67. Utility Factor 60. Secondary System Intermediate purchaser’s billing month shall be the Terminal amount so specified by the purchaser. A Utility Factor is the factor BPA applies to the charges for Load Shaping As used in the FPT rate schedules, For DSIs under a 1981 Contract, the amount of subscribed load at the 5-year and Load Regulation under the 1981 Secondary System Interconnection Contracts. The Utility Factor is Terminal refers to the first and final rate shall be a percentage of the purchaser’s operating level and developed annually based on historical terminal facilities in the Secondary data provided by the customers to the System transmission path, exclusive of measured energy. For purchasers continuing service under the 1981 Account executive or District Sales the Secondary System Interconnection Office. The annual factor will be based terminals. Contract who designate a percentage, the 5-Year Demand Subscription shall on the customer’s historical annual 61. Secondary Transformation be determined by taking the specified average retail load and average purchases from BPA and applied on a As used in the FPT rate schedules, percentage times the purchaser’s fiscal year basis. Secondary Transformation refers to Measured Demand. For purchasers transformation from Main Grid to under the 1996 Contract, the 5-Year Issued in Portland, Oregon, on June 30, Secondary System facilities. Demand Subscription shall be 1995. determined by taking the specified Stephen J. Wright, 62. Southern Intertie percentage times the purchaser’s actual Vice President for the Washington, D.C. The Southern Intertie is the segment Retail [demand] Load. For purchasers Liaison Office, Bonneville Power of the FCRTS which includes, but is not electing service to a New Large Single Administration. limited to, the major transmission Load(s) under the NR–96.5 rate, the 5- [FR Doc. 95–17374 Filed 7–11–95; 3:38 pm] facilities consisting of two 500 kV AC Year Demand Subscription shall be the BILLING CODE 6450±01±P federal register July 17,1995 Monday Competitive Bidding;FinalRule Service, IncludingElectronicFilingand Service andInstructionalTelevisionFixed Filing Procedures;MultipointDistribution 47 CFRPart21 Commission Communications Federal Part III 36523 36524 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations FEDERAL COMMUNICATIONS this information collection should direct determine whether the BTA holder has COMMISSION their comments to Timothy Fain, (202) met its construction requirements and to 395–3561, Office of Management and ensure that service is promptly 47 CFR Part 21 Budget, Room 10102 NEOB, delivered to the public. Sections 21.931 Washington, D.C. 20503. A copy of any and 21.937 will ensure that the [MM Docket No. 94±131 and PP Docket No. comments should also be sent to the 93±253, FCC 95±230] interference protection rules are Federal Communications Commission, complied with. Section 21.934 is used Filing Procedures in the Multipoint Office of Managing Director, to determine whether there has been Distribution Service and in the Washington, D.C. 20554. For further unjust enrichment to the party selling Instructional Television Fixed Service, information contact Judy Boley, Federal the station. Section 21.956 will be used Including Electronic Filing and Communications Commission, (202) by the staff to determine whether to Competitive Bidding 418–0210. grant a BTA authorization. Section OMB Numbers: None. This Report 21.960 will prevent abuse of the special AGENCY: Federal Communications and Order adopts a new application measures offered to MDS auction Commission. form, FCC Form 304, to be used for new winners claiming designated entity ACTION: Final rule. MDS facilities, and several new rules status. and amended rules. There is also a new A summary of the Report and Order SUMMARY: This Report and Order adopts FCC Form 304–A and FCC Form 175– follows. The complete text is available a licensing plan under which we will M. for inspection and copying during allot Multipoint Distribution Service Titles: Form 304: Application for a normal business hours in the MDS (MDS) authorizations by geographic Multipoint Distribution Service public reference room, Room 207, at the areas, through a simultaneous multiple Authorization. Form 304–A: Federal Communications Commission, round bidding process. The Report and Certification of Completion of 2033 M Street, N.W., Washington, D.C., Order also adopts a variety of measures Construction for a Multipoint and it may be purchased from the to streamline the application and Distribution Service. Form 175–M: Commission’s copy contractor, implementation processes. It authorizes Application to Participate in an FCC International Transcription Service, the voluntary use of electronic filing for MDS Auction. 47 CFR 21.930 (Five-year Inc., 2100 M Street, N.W., Suite 140, new MDS applications, as well as Build-out Requirements), 21.931 Washington, D.C. 20037, (202) 857– electronic fee payments. It institutes (Partitioning of BTAs), 21.934 3800. (Action by the Commission: computerized interference studies (Assignment or Transfer of Control of Chairman Hundt dissenting in part and utilizing new data elements to be BTA Authorizations), 21.937 issuing a statement; Commissioners included in a revised MDS application (Negotiated Interference Protections), Quello and Barrett issuing separate form. It also makes clear that 21.956 (Filing of Long-form statements; and Commission Ness interference disputes are to be resolved, Applications or Statements of Intention) dissenting in part and issuing a in the first instance, through private and 21.960 (Designated Entity statement.) negotiations, with the FCC to serve only Provisions for MDS). 1. By this action, we adopt rules to Action: New Collections. as a last resort. These procedures are facilitate the development and rapid designed to expedite processing and Respondents: Businesses or other for- 1 profit, small businesses or deployment of wireless cable services. facilitate development of wireless cable, As a result of our actions in prior an industry that delivers video organizations. Frequency of Response: On occasion proceedings, wireless cable operators programming to subscribers using MDS that use spectrum in the Multipoint and Instructional Television Fixed reporting requirements. Estimated Annual Response: Form Distribution Service (MDS), often Service (ITFS) channels. This supplemented with leased channels proceeding is intended to expedite more 304: 300 responses, 55 hours per response; Form 304–A: 100 responses, from the Instructional Television Fixed service to the public and enhance Service (ITFS), have begun to provide a opportunities for wireless cable to reach .5 hours per response; Form 175–M: 1600 responses, .48 hours per response; competitive alternative to wired cable its potential as a competitor to wired and other multichannel video cable. Section 21.930: These filings will not occur until FY 2001, 750 responses, 1 programming distributors.2 The rules EFFECTIVE DATE: September 15, 1995. hour per response; Section 21.931: 150 we now adopt will accelerate that FOR FURTHER INFORMATION CONTACT: responses, 6 hours per response; Section process by setting streamlined measures Sharon Bertelsen at (202) 416–0892 or 21.934: 200 responses, 1 hour per to distribute unused MDS spectrum Jerianne Timmerman at (202) 416–0881, response; Section 21.937: 75 responses, through competitive bidding and by Video Services Division, Mass Media 30 hours per response; Section 21.956: establishing a protected service area for Bureau. 200 responses, 3 hours per response; MDS stations that is large enough to allow operators flexibility they need to SUPPLEMENTARY INFORMATION: Section 21.960: 550 responses, 2 hours per response. design viable and competitive wireless Paperwork Reduction Act Needs and Uses: FCC Form 304 will cable systems. Adoption of these rules The following collection of be used to ensure that the respondent is will enable the Commission to lift the information has been submitted to the qualified to become a Commission Office of Management and Budget for licensee. FCC Form 304–A will be used 1 Wireless cable programming to subscribers review under Section 3504(h) of the to certify that the facilities as authorized resembles cable television, but instead of coaxial cable, wireless cable uses microwave channels. Our Paperwork Reduction Act. Copies of the have been completed and that the use of the term ‘‘wireless cable’’ does not imply that submission may be purchased from the station is ready to provide service to the it constitutes cable television for statutory or Commission’s copy contractor, public. FCC Form 175–M will be used regulatory purposes. International Transcription Service, to determine whether the applicant is 2 Unless otherwise indicated, ‘‘MDS’’ includes single channel Multipoint Distribution Service 2100 M Street, N.W., Suite 140, legally, technically and otherwise (MDS) and Multichannel Multipoint Distribution Washington, D.C. 20037, (202) 857– qualified to participate in an MDS Service (MMDS) applications and authorizations 3800. Persons wishing to comment on auction. Section 21.930 will be used to collectively. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36525 current freeze on filing new MDS the aggregation of existing and new 7. Wireless cable is now similar to applications.3 MDS and ITFS channels within a BTA. wired cable television in the type of 2. Specifically, we adopt in this order 4. The Report and Order also adopts programming it provides, but differs a licensing plan under which we will a variety of measures to streamline the from cable in how the programming is application and implementation allot, through a simultaneous multiple transmitted to subscribers. Generally, a processes. It authorizes, for example, the round bidding process, one MDS wireless cable system may be described voluntary use of electronic filing for authorization for each of the 487 Basic as a microwave station transmitting on new MDS applications, as well as Trading Areas (BTAs) and six additional a combination of MDS and ITFS electronic fee payments. It institutes channels to numerous receivers with BTA-like geographic areas.4 A BTA computerized interference studies antennas, such as single family authorization holder will be able to utilizing new data elements to be residences, apartment complexes, construct facilities to provide wireless included in a revised MDS application hotels, educational institutions, cable service over any usable MDS form. It also makes clear that business entities and governmental channels within the BTA, and will have interference disputes are to be resolved, offices. The range of the transmission preferred rights to the available ITFS in the first instance, through private depends upon the transmitter power, frequencies and ITFS lease agreements negotiations, with the Commission to the type of receiving antenna and the within the BTA. A channel is usable if serve only as a last resort. existence of a line-of-sight path between the proposed station design is in 5. We understand that the wireless the transmitter or signal booster and the compliance with the Commission’s cable industry has made tremendous receiving antenna. interference standards. progress toward the transition to digital 8. Over the past few years, the 3. Under the new rules, the signals of transmission.6 The rules we adopt today wireless cable industry has experienced a BTA authorization holder cannot will facilitate that transition. substantial growth and has emerged as interfere with those of any other BTA 6. Background. In 1983, to satisfy a an effective competitor to wired cable in authorization holder. Recognizing, growing demand for the delivery of many locations.10 This rapid growth is however, that BTA lines do not always video entertainment programming to due, in part, to program access track desired service areas, the rules subscribers and to provide competition provisions and changes in other permit BTA authorization holders to to wired cable systems, the Commission regulations that have increased access to negotiate interference protection rights. reallocated eight of the then twenty- financing. MDS is a heavily encumbered In addition, the rules we adopt require eight ITFS channels for MDS use, and service. Most of the thirteen MDS BTA authorization holders to honor the authorized ITFS licensees to lease the channels have already been authorized protected service areas of incumbent excess capacity on their systems to in the largest metropolitan areas, MDS operators within their BTAs. In a wireless cable operators.7 That action especially for locations in the eastern companion order, also adopted today, created wireless cable as a multichannel half of the country. Thus far, MDS has the Commission expanded the protected video distribution medium, and in 1991, developed almost entirely in large and service areas of existing MDS stations.5 the Commission made more channels medium-sized cities, though MDS These various licensees and applicants available for wireless cable services.8 systems also serve many smaller that are authorized or proposed on or Today, there are a maximum of thirty- communities in the western states. In before the effective date of this Report three microwave channels used for addition to the approximately 170 and Order, including those stations that wireless cable in each market. These operating wireless cable systems, many are subsequently modified, renewed or include thirteen MDS channels conditional licenses have been issued to reinstated, are referred to throughout (Channels 1, 2 or 2A, E1–E4, F1–F4 and entities that, presumably, are in various this Report and Order as ‘‘authorized or H1–H3) and the excess capacity on up stages of constructing their systems. previously proposed facilities’’ or to twenty ITFS channels (Channels A1– Finally, the MDS landscape includes ‘‘incumbents.’’ In order to facilitate the A4, B1–B4, C1–C4, D1–D4 and G1–G4).9 MDS systems proposed in applications development of successful wireless now being processed at the cable systems, the rules permit BTA 6 See, e.g., The Wireless Cable Association Commission. International, Selected Papers from the First Annual authorization holders to assign or Wireless Cable Technical Symposium (February 4– A. Filing Procedures and Service Rules transfer their entire BTAs, or partitioned 6, 1995). 9. Proposals. On December 1, 1994, portions of it, to incumbents or other 7 Report and Order in Gen. Docket No. 80–112 parties. (Unserved areas may be and CC Docket No. 80–116, 94 FCC 2d 1203 (1983), the Commission released a Notice of included as long as the assignment or 48 Fed. Reg. 33,873 (July 26, 1983). Therein, the Proposed Rulemaking in this proceeding Commission also grandfathered interference transfer takes place within the five-year which solicited comment on proposals protection to existing ITFS applicants, permittees or that would modify our MDS filing build-out period that the rules impose.) licensees on these eight E and F channels, resulting procedures and use competitive bidding Because the BTA authorization holder in twenty-eight ITFS channels in some locales. 8 to select from among mutually exclusive may be an incumbent, the rules permit The Commission reallocated the H group channels from the Operational Fixed Service to MDS and made MDS operators eligible for the eight E and F channels also lease excess 3 The Commission imposed a freeze on the filing authorization on vacant ITFS channels with capacity to wireless cable operators. of applications for new MDS stations in Notice of specified restrictions. Second Report and Order in 10 See Annual Assessment of the Status of Proposed Rulemaking in PR Docket No. 92–80, 7 Gen. Docket No. 90–54, 6 FCC Rcd 6792, 6793–94, Competition in the Market for the Delivery of Video FCC Rcd 3266 (1992), 57 Fed. Reg. 24,006 (June 5, 6801–06 (1991), 56 Fed. Reg. 57,808 (Nov. 14, Programming, 9 FCC Rcd 7442, 7482–88 (1994), 59 1992). 1991), recon. denied, 7 FCC Rcd 5648 (1992). Last Fed. Reg. 64,657 (Dec. 15, 1994). The Commission 4 Rand McNally defined 487 BTAs in the 1992 year, the Commission consolidated processing of is required to file such reports pursuant to the Cable Commercial Atlas & Marketing Guide. Since Rand MDS and ITFS applications into one organization. Television Consumer Protection and Competition McNally did not include a few areas, we will add Amendment of Parts 0 and 1 of the Act of 1992, Pub. L. No. 102–385, § 628(g), 106 Stat. them to the list as BTA-like geographic areas, Communication’s Rules to Reflect a Reorganization 1460 (amending the Communications Act of 1934), bringing the total to 493 authorizations to be of Multipoint and Multichannel Multipoint codified at 47 U.S.C. § 548(g). The Commission auctioned. See infra at ¶ 26. Distribution Services, 9 FCC Rcd 3661 (1994), 59 recently adopted a Notice of Inquiry to obtain 5 Second Order on Reconsideration in Gen. Fed. Reg. 38,374 (July 28, 1994). information needed to prepare the annual Docket Nos. 90–54 and 80–113, FCC 95–231 9 MDS channel 2A is only 4 MHz wide and lacks assessment that will be released in 1995, FCC 95– (released June 21, 1995) (Secord Order on sufficient bandwidth to transmit a standard 186 (released May 24, 1995), 60 Fed. Reg. 29,533 Reconsideration). television signal. Grandfathered ITFS stations on (June 5, 1995). 36526 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations applicants.11 In the Notice, the amass MDS channels, would avoid the increase the possibility of ‘‘daisy- Commission proposed that applicants lengthy delay associated with licensing chains’’ (interlinking application file short-form applications for stations site-by-site and therefore would proposals at different locations), which established geographic service areas to allow operators to enhance their would require a more complicated and identify mutually exclusive applicants services more rapidly. The Notice asked time consuming competitive bidding for competitive bidding purposes and commenters to determine which type of process, including subsequent rounds of that the successful bidders file long- geographic areas would be most suitable auctions to resolve all mutual form applications. Notice at 7669–71. for MDS and to address the definition of exclusivities in a daisy-chain. We The Notice suggested the use of protected service area. In particular, we invited commenters favoring a national predetermined geographic areas, such as requested comment on whether the window approach to recommend ways Metropolitan Statistical Areas (MSA) current definition of an MDS station’s to resolve the daisy-chains that might and Rural Service Areas (RSA) or Areas protected service area would be arise under this proposal. of Dominant Influence (ADI).12 This appropriate,14 or whether the boundary 12. As an option to the national filing proposal envisioned that we would of the geographic area designed for window approach, the Notice discussed release a public notice announcing auction purposes should become the limiting eligibility to file in the first auctions by geographic area, specifying protected service area. We also asked window to existing licensees and the filing period for short-form commenters to discuss the interference system operators who, at the time the applications (FCC Form 175) 13 and the standards for service to the areas application is filed, are operating with applicable bidding procedures. adjacent to the boundaries between a certain minimum number of channels. Mutually exclusive applicants would geographic areas. Although the Notice Notice at 7673. In many situations the bid for all usable MDS channels in that identified this approach of licensing acquisition of a small number of area as a package and the auction MDS channels as the preferred additional channels may be essential for winner would be permitted to file long- approach, we also invited comment on launching a whole new wireless cable form applications for conditional alternative licensing procedures. system in a given area. This approach licenses to operate stations anywhere 10. The Notice suggested an would allow existing wireless cable throughout the service area provided the alternative approach that would limit operators to accumulate the critical specific engineering design of their MSD applications to predetermined sites mass of channels necessary to operate stations meets the Commission’s where there are vacant E, F or H competitive wireless cable systems. We interference protection standards with channels. Notice at 7671–72. Under this asked commenters favoring this option respect to all authorized or previously approach, the Commission would to suggest eligibility requirements to proposed MDS and ITFS facilities. identify such sites based upon the govern the filing of applications in this Long-form applications accepted for location of an already authorized E, F or first window. filing would be proposed for grant by a H channel. The Commission would 13. Resolution. After careful Commission public notice, announcing issue multiple public notices specifying consideration of the merits of the that the applications are accepted for the filing period and applicants would various proposals we raised in the filing and opening a thirty-day period file a short-form application to identify Notice, we continue to prefer a filing for filing petitions to deny. See 47 mutually exclusive situations for approach where applicants file short- U.S.C. § 309(b); 47 CFR 21.30. The purposes of competitive bidding. The form applications and auction winners Notice observed that these filing auction winner would be required to file file long-form applications. We have procedures would enable operators to a long-form application containing a decided that BTAs are the most complete engineering proposal and appropriate geographic area for MDS. 11 Notice of Proposed Rulemaking in MM Docket specifying a compatible station design The boundaries of each geographic area, No. 94–131 and PP Docket No. 93–253, 9 FCC Rcd with the Commission’s interference with the exceptions of channels 7665 (1994), 59 Fed. Reg. 63,743 (Dec. 9, 1994) protection standards to all previously obtained through leases with ITFS (Notice). The only aspect of the Notice which applied to ITFS was the electronic filing proposal. proposed or authorized MDS and ITFS licensees, will become the protected In a separate proceeding, the Commission recently facilities. service area for the auction winner. The adopted improvements to the ITFS licensing 11. Under another alternative auction winners will be issued process, including a window filing procedure. presented in the Notice, the authorizations for specific geographic Report and Order, Amendment of Part 74 of the Commission would periodically open areas and will be permitted to operate Commission’s Rules With Regard to the Instructional Television Fixed Service, MM Docket national filing windows, with no one or more MDS transmitting stations No. 93–24, 10 FCC Rcd 2907 (1995), 60 Fed. Reg. geographic restrictions on filing for and signal boosters anywhere inside the 20,241 (Apr. 25, 1995). available MDS channels. Notice at service area, provided the specific 12 MSAs and RSAs are standard geographic areas 7672–73. Pursuant to this proposal, we engineering design meets the used by the Commission for administrative convenience in licensing cellular radio systems. would release a public notice Commission’s interference protection The Commission has also used MSAs since 1983 for announcing the filing window for standards to all authorized or previously making mutually exclusive determinations for MDS available channels. This proposal would proposed MDS and ITFS facilities, and applications filed for the E or F channels under 47 initially require a long-form application, complies with the limits we establish C.F.R. § 21.901(d)(5). ADIs are standard geographic areas that were developed by Arbitron Ratings containing the applicant’s complete for signal strength along the perimeter of Company. Each county in the United States is technical proposal, to determine mutual the geographic area. See infra at ¶¶38– placed within one of 209 ADIs, the lowest exclusivity before competitive bidding 41. Following the auction, there would numbered ADI having the highest population. procedures are implemented. The be a five year build-out period in which 13 FCC Form 175 contains the applicant’s name, Notice pointed out that this approach an authorization holder can expand the markets in which the applicant wishes to bid, the persons authorized to make or withdraw a bid, would likely result in a larger number service or initiate new service within whether the applicant is qualified as a designated of mutually exclusive applications and their area without competing entity under 47 C.F.R. § 1.2110, certifications that applications. The authorization holder the applicant is legally, technically, financially and 14 47 C.F.R. § 21.902. In another order, also will also be permitted to partition its otherwise qualified, and identification of all parties adopted today, the Commission amends 47 C.F.R. area along established geopolitical involved in agreements, or certification that no § 21.902, to expand the protected service area for agreements exist, relating to the authorizations authorized or previously proposed MDS facilities. boundaries and enter into contracts with being auctioned or the bidding process. Second Order on Reconsideration at ¶¶ 2–31. eligible parties, allowing such parties to Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36527 file long-form applications for usable prospective bidders must carefully through the assignment and transfer MDS channels within that partitioned ascertain the extent of incumbent process, we believe that these options area. See infra ¶¶34–35. This will operations and authorized but may result in unproductive regulatory permit broad participation from entities unconstructed facilities in any BTAs and transaction costs for the of all sizes. This framework provides the prior to bidding. Further, where there Commission and applicants. We believe most efficient system of disseminating remains outstanding at the time of that the use of larger service areas MDS licenses because service areas are auction a pending application, petition would alleviate these problems and easily identified and authorizations are for reconsideration, reinstatement would reduce the need for and cost of promptly granted with minimal request or application for review interference coordination between administrative or judicial delays. This affecting any BTA, winning bidders neighboring licensees. approach will also provide operators would acquire any authorization 16. ADIs and DMAs, on the other sufficient flexibility to design systems conditioned upon the outcome of hand, tend to be much larger than the that satisfy consumer demand. Commission actions on such area in which reliable MDS service is 14. We emphasize that there is no applications or pleadings. Prospective available using today’s technology. One perfect or simple filing approach to bidders must consider the total impact commenter indicates that ADIs tend to adopt at this time for new MDS of incumbents in their valuation of the be over seven times the size of actual authorizations given the history of the auction areas for competitive bidding wireless cable protected service areas (of service, the characteristics of the purposes. 710 square miles) and therefore technologies involved, the 15. With regard to the definition of concludes that ADIs are the least implementation of competitive bidding the service area to be authorized for appropriate service area for MDS. It procedures, and our goal to rapidly MDS, we conclude that issuing explains that ADIs are designed for enhance wireless cable systems as authorizations by Basic Trading Areas television advertising measurement viable competitors in the multichannel (BTA) reflects the best balance of purposes and unlike wireless cable, the video marketplace. We also reiterate competing considerations. We signal of television stations and hence that MDS is a heavily encumbered considered several service area options the size of ADIs are attributed to cable service. Although conditional licenses including Metropolitan Statistical Areas carriage of television signals. in some markets for one or more (MSA) and Rural Service Areas (RSA),16 Furthermore, the cost of acquiring an channels have been forfeited for failure the television Areas of Dominant ADI authorization through competitive to comply with express conditions or to Influence (ADI) and the analytically bidding, building systems and timely construct, in a majority of the similar Designated Market Areas marketing services in the larger ADIs markets only small portions are (DMA),17 Basic Trading Areas (BTA) may unnecessarily restrict entry to a unserved and few channels are and a combination of service areas that small number of applicants. BTAs offer available. Of the thirteen MDS channels, vary in size. The record reflects that a compromise in size that may best it is possible that no channel remains because many MSAs are much smaller approximate MDS service areas. available for prospective bidders for as than actual service areas existing today, Although varying in geographic shape many as 59 of the cities of the top 100 wireless cable stations licensed to and size, BTAs are bigger than MSAs ranked television markets. There are different entities in adjacent MSAs generally since they often include the possibly two or less channel available in would have great difficulty providing MSA and surrounding counties, thus as many as 90 percent of these market service to their MSA without causing mitigating harmful interference among cities. Moreover, the fixed 35-mile harmful interference to systems in adjacent areas. BTAs offer sufficiently protected service areas of MDS adjacent areas. In some cases, operators large service areas to allow applicants incumbents, adopted today in a separate who designed their systems to maximize flexibility in designing a system to proceeding, will occupy substantial population, are serving subscribers maximize population coverage and take portions of most BTAs and typically located beyond the MSA in which the advantage of economies of scale cross BTA boundaries, especially in the transmission facilities are located. necessary to support a successful eastern half of the country where BTAs Furthermore, the record indicates that operation. Yet BTAs are generally are relatively geographically smaller. By the use of MSAs and RSAs would result smaller than ADIs, making the initial enabling incumbents to continue in unnecessary fragmentation of natural cost of acquiring the authorization providing interference-free service to markets and in order to protect the through competitive bidding lower, and subscribers within the expanded 35- boundaries of adjacent MSAs and RSAs, therefore providing greater opportunity mile areas, it is likely that in a in many cases, stations would have to for participation by small businesses, substantial number of BTAs, it may be operate at extremely low levels of female and minority entrepreneurs and difficult, if not impossible, for an power. While simultaneous multiple rural telephone companies. The use of auction winner to locate a station round bidding would permit the BTAs combined with geographic anywhere in the BTA to provide both consolidation of interdependent MSAs partitioning will encourage further interference-free service and the and RSAs, and licensees could acquire participation by a wide variety of necessary interference protection to additional markets after auctions applicants. See 47 U.S.C. 307(j)(4)(C). protected areas of incumbents; unless Finally, BTAs provide a manageable either the auction winner is the 16 MSAs and RSAs are used by the Commission number of discrete filing areas for incumbent, negotiates an interference in licensing cellular radio systems. All of the 306 competitive bidding purposes. agreement with the incumbent or would MSAs and 428 RSAs and the counties they 17. We recognize that the majority of comprise are listed in Public Notice, Report No. the commenting parties express support acquire the authorization of the CL–92–40, ‘‘Common Carrier Public Mobile 15 incumbent. We emphasize that Services Information, Cellular MSA/RSA Markets for the national filing window approach. and Counties,’’ 7 FCC Rcd 742 (1992). See also 47 We believe, however, that using 15 In assessing MDS channel availability, we CFR 22.909. national filing windows would most assumed that each authorized or previously 17 DMAs are standard geographic areas developed likely result in more of the very proposed MDS station has a protected service area by A.C. Neilsen Company in which each county in substantial processing and of 35 miles, i.e., the expanded service area adopted the continental United States is placed within one today in a related order. Second Order on of the 211 DMAs, the lowest numbered DMA administrative delays that have long Reconsideration. having the highest population. plagued the development of the wireless 36528 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations cable service. Given the history of the expand to a circle, 35 miles in radius, accumulation of channels into one service, we believe such delays are centered about the transmitter site of the operating system. inherent in site-specific licensing, ITFS stations. We note, however, that in 1. Service Areas which would require analysis of long- a recent proceeding we adopted a 35- form applications containing the mile protection distance for ITFS 22. We therefore will award MDS applicant’s complete engineering receivers, a protection distance that is authorizations for entire BTA service proposal before the competitive bidding compatible with many BTAs,18 and with areas under competitive bidding process begins. Since the national filing the 35-mile protected service area for procedures. BTAs were designed by window approach would likely result in MDS stations which are authorized or Rand McNally to represent the natural a larger number of mutually exclusive previously proposed that we have flow of commerce, comprising areas applications and daisy-chains, separately adopted today. Second Order within which consumers have a implementation would likely require on Reconsideration. community of interest. Like the other types of predetermined geographical significant Commission resources and a 20. For the reasons stated above, we substantial amount of time to conduct areas, BTAs vary in size and shape. believe that licensing by geographic Typically, a BTA includes a population the multi-part auctions (to resolve the areas is the best approach for issuing daisy-chains) recommended by some center(s) (city or large town) and the MDS authorizations. We decide not to surrounding rural area. BTA boundaries commenters or otherwise complete the adopt the approach presented in the competitive bidding process. We are based on country lines because most Notice limiting applications to statistical information relevant to acknowledge the concerns of some predetermined sites identified by the commenters that the licensing approach marketing is published in terms of Commission based upon the locations of counties. The specific boundaries were should afford MDS licensees flexibility already authorized E, F or H channels to locate systems wherever necessary to drawn after a study of several factors, where there are usable channels. We maximize coverage. The record reflects such as physiography, population agree with the commenters that this that the success of the wireless cable distribution, economic activities, approach is inflexible. An approach in industry thus far has been based upon newspaper distribution and which the Commission identifies the negotiated agreements with neighboring transportation facilities.19 specific site sacrifices the business system operators and strong 23. We note that Rand McNally & judgment of the operators when they are partnerships with ITFS licensees. The Company is the copyright owner of the in the best position to consider market filing system and procedures we adopt Basic Trading Area and Major Trading forces. Further, where there is more herein are expected to facilitate such Area Listings, which list the counties than one site, the Commission would negotiations and afford wireless cable contained in each BTA, as embodied in operators the flexibility to improve have to establish criteria for choosing Rand McNally’s Trading Area System existing systems, introduce new systems among the available locations. In Diskette and geographically represented and implement digital technologies. addition, where identified sites are in the map contained in Rand McNally’s 18. Indeed, the record indicates that unavailable to the highest bidders, the Commercial Atlas & Marketing Guide. geographic licensing may be the most Commission would have to process Rand McNally has licensed the use of its efficient method to these ends in a modification applications, which would copyrighted MTA/BTA listings and digital environment, toward which the actually decrease overall processing maps for certain services such as wireless cable industry is moving. The efficiency and would delay service to Personal Communications Services nature of digital transmissions will the public. (PCS), 800 MHz Specialized Mobile allow more flexibility to tailor signal 21. We decline to adopt a preference Radio Services (SMR) and Local coverage to geographic boundaries using for existing licensees and system Multipoint Distribution Services multiple transmitting facilities. We operators because we believe that, rather (LMDS). Rand McNally had also believe that our rules will facilitate the than place restrictions on eligibility to reached an agreement in principle with transition to digital transmissions. If participate based upon an applicant the American Mobile modification of our rules become having access to a minimum number of Telecommunications Association necessary, we will act promptly to channels, it is in the public interest to (AMTA) for a blanket copyright license ensure that our rules in no way impede encourage participation from a wide for the conditional use of the the digital future. variety of applicants. Indeed, a new copyrighted material in the 900 MHz 19. In response to the concern about entrant into the wireless cable industry SMR service. These agreements the protected service areas for MDS may place a higher value on the authorize the conditional use of Rand (BTAs) and ITFS being different, we spectrum than an incumbent licensee or McNally’s copyrighted material in must emphasize that the two services system operator in a given area. While connection with these particular have differing purposes and we recognize that in some areas, the services, require interested persons authorization procedures. One is existing licensee or operator may be in using the material to include a legend intended primarily to provide the best position to immediately on reproductions (as specified in the educational and cultural development introduce competition to wired cable, license agreement) indicating Rand to students enrolled in accredited we further believe that a new entrant McNally’s ownership, and provide for a schools and the authorization is issued with sufficient resources will be able to payment of a license fee to Rand to the best qualified applicant, while the accumulate a sufficient critical mass of McNally. other is commercial in nature and is channels to launch a system in a market 24. Currently, MDS is not covered by subject to competitive bidding. through the competitive bidding process any blanket copyright license Furthermore, unlike MDS stations, the and through the assignment or transfer agreement. While current and protection afforded to ITFS operators is of previously authorized channels. prospective MDS licensees and other based upon receive sites and protected Thus, market forces will lead to the parties interested in using the service area is defined in 47 CFR 74.903. copyrighted materials may negotiate Pursuant to this rule, the protected 18 Report and Order in MM Docket No. 93–24, 10 service area associated with the lease of FCC Rcd 2907, 2917, 60 Fed. Reg. 20,241 (Apr. 25, 19 See Rand McNally 1992 Commercial Atlas & excess channel capacity will also 1995). Marketing Guide at 39. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36529 their own licensing arrangement with and new entrants will be eligible. issued Assuming that the auction Rand McNally, as in other services, we Accordingly, prospective bidders will winner made full payment of its encourage interested parties and Rand be able to aggregate adjacent BTAs to winning bid within five business days McNally to explore the possibility of utilize economies of scale that currently of this public notice, the Commission entering into blanket license agreements benefit wired cable competitors. would grant one or more conditional similar to those noted above to cover Selection from among the mutually station licenses for individual stations MDS. In any event, we note further that exclusive applicants will be determined within the auction winner’s BTA service an MDS BTA authorization grantee who through a simultaneous multiple round area and issue the BTA authorization for does not obtain a copyright license bidding process. The auction winner for the entire BTA service area. (either through a blanket license each BTA service area, if qualified, will 27. Description of Authorization. The agreement or some other arrangement) be awarded a BTA authorization. The holder of a BTA authorization may file from Rand McNally for use of the protected service area lies within the one or more long-form applications copyrighted material may not rely on geographic boundary of that BTA, seeking authority to construct stations grant of a BTA-based authorization from except as excluded by any 35-mile circle anywhere inside their BTA on usable the Commission as a defense to any protected service areas of previously MDS channels, provided the specific claim of copyright infringement brought authorized or proposed MDS stations engineering design meets the by Rand McNally against such grantee. and except for channels related to ITFS Commission’s interference protection The MTA/BTA Listings, the MTA/BTA lease agreements. standards to all authorized or previously Map and the license agreements noted proposed MDS and ITFS facilities, and above are available for public inspection 2. Rights and Responsibilities of BTA complies with the prescribed signal at the MDS public reference room, Authorization Holder strength limits at the BTA boundary, Room 207, 2033 M Street, N.W., 26. The following paragraphs describe i.e., at all points along the perimeter of Washington, D.C. the service rules regarding the rights the BTA. A separate conditional station 25. The Commission will consider and responsibilities of the holder of a license will be awarded for each single awarding the 487 BTA authorizations in BTA authorization, the duration of those channel or channel group at each site the United States, with the following rights and how an event will alter the location.22 For example, separate additions to be authorized as BTA-like boundaries of a protected MDS service licenses will be issued for the E Group, areas: American Samoa, Guam, area. For purposes of clarity, the F Group and each of the three H Northern Mariana Islands, San Juan, chronology of the events would occur as Channels. In this Report and Order, the Puerto Rico, Mayaguez/Aguadilla- follows: (1) the 35-mile protected initial license for the BTA service area Ponce, Puerto Rico, and the United service areas of incumbents will become will be referred to as a ‘‘BTA States Virgin Islands. Thus, a total of fixed in place upon the effective date of authorization’’ and individual channels 493 authorizations will encompass all the Second Order on Reconsideration; will be separately licensed. Thus, we land areas within the United States and (2) issuance of public notices will distinguish between three different related territory. We reiterate that, based announcing auctions by geographic types of authorizations for MDS on its geographic size, and the extent of area, and specifying the filing periods facilities: (1) a ‘‘BTA authorization’’ encumbrances, it may not be possible in for short-form applications and upfront awarded to an auction winner of a a particular BTA to design and select a payments; (3) issuance of a public particular BTA following the requisite station site for any MDS station without notice identifying all applicants long-form application or statement of negotiating an agreement with one or determined to be qualified to bid (i.e., intention and requisite payment, (2) a more affected, previously authorized or submitted acceptable short-form ‘‘station license for each individual proposed, cochannel or adjacent applications and sufficient upfront station within the BTA’’ service area channel MDS or ITFS stations. payments); (4) competitive bidding held by an auction winner, and (3) a However, we are going to hold auctions rounds; (5) after bidding has ended, the ‘‘station license’’ for an MDS facility initially for all BTAs for which mutually Commission would declare bidding authorized or previously proposed exclusive, short-form applications are closed and would notify the auction under the rules predating the effective filed. The Commission will announce winners, who would then have five date of this Report and Order. the time and place of the auction and business days to make down payments Accordingly, under the Commission’s the applicable bidding procedures by a and thirty business days to file at least rules, as amended herein, the holder of future public notice. Applicants wishing a BTA authorization would file a long- one long-form application; 21 (6) to participate in the auction process will form application for each usable single following review of the long-form file a short-form application indicating channel or channel group at each applications, the Commission would each BTA service area for which they transmitter site within the auction issue a public notice identifying those desire to bid. To determine eligibility to winner’s BTA service area, and will accepted and opening a thirty-day apply for a BTA service area, we will have a later opportunity to file period for filing petitions to deny; and apply the same general eligibility amendments to correct any defects in (7) if no petitions to deny are filed or if requirements for an MDS the application. The construction period they are dismissed or denied, the authorization.20 There is no restriction specified in each conditional station Commission would issue a public notice on the number of BTA service areas for license granted for the individual which any entity may apply or on the stating that the BTA authorization and the MDS station license are ready to be number of BTA authorizations awarded 22 This in no way should be interpreted to reflect to one entity. Incumbent MDS licensees, on other services where we are eliminating site 21 If the BTA is so heavily encumbered that the licensing. See Further Notice of Proposed Rule conditional licensees and applicants winning bidder is unable to file a long-form Making in PR Docket No. 93–144 and PP Docket No. application for a station within the BTA while 93–253, FCC 94–271 (released Nov. 4, 1994), 59 FR 20 See 47 CFR 21.4, 21.17, 21.900, 21.912. protecting incumbents from harmful interference, 60111 (Nov. 22, 1994); Second Report and Order Because we are amending our rules to implement the winning bidder must file a statement of and Second Further Notice of Proposed Rule competitive bidding, our rules regarding random intention of use of the BTA, accompanied by a Making in PR Docket No. 89–553, PP Docket No. selection and comparative consideration would not current License Qualification Report (FCC Form 93–253, and GN Docket No. 93–252, FCC 95–159 apply to applications for new stations filed after the 430), before the Commission issues the BTA (released April 17, 1995), 60 FR 21987 (May 4, lifting of the freeze. See 47 CFR 21.31, 21.914. authorization. See infra at ¶¶ 118–120. 1995). 36530 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations stations within the auction winner’s 74.990(a), and the ITFS application incumbent with transmitter site BTA service area will be the five year procedures of § 74.991. ITFS station locations within a particular BTA are build-out date which runs from the licensees and prospective ITFS forfeited or if previously proposed grant date of the first conditional license applicants that seek to construct and conditional licenses or modifications within the auction winner’s BTA operate new ITFS facilities located are not granted. The holders of the BTA (granted the same date as the BTA within a BTA and that choose to lease authorizations obtain contingent rights authorization). When the portion of the excess channel capacity will be free to to this spectrum when they receive their system represented by a particular long- negotiate with any potential lessee, authorizations, so that the forfeited form application is constructed and including the holder of the BTA. In channels will revert and become part of ready to begin operation, the holder of furtherance of our goal of accumulating the BTA authorization up to the the BTA authorization will file a a full complement of channels, boundary of the BTA. The holder of the corresponding certification of however, the holder of the BTA will be BTA authorization may subsequently completion of construction. The license afforded the right to match the final file long-form applications for the term for those stations will be the same offer of any proposed lessee. Should the forfeited channels, provided the specific ten-year term as MDS stations licensed holder of the BTA decline to exercise station design meets the Commission’s prior to the adoption of this Report and such right, then the ITFS applicant can interference protection standards. Such Order. See 47 CFR 21.45. The ten-year enter into a lease arrangement with any a policy provides an incentive for the term for the new licenses will operator it so chooses. This is not holders of BTA authorizations to find commence on the date the Commission intended to interfere with present and document such warehousing declares bidding in the MDS auction to contractual rights that are in effect or violations, resulting in efficient use of be closed. The holder of a BTA renewal of those rights. In the case fallow spectrum. In addition, authorization has a protected service where a BTA authorization holder is the authorization rights may be revoked or area that is coterminous with the licensee of ITFS channels, the terminated because of gross misconduct, boundaries of their BTA service area, associated protected service area will be misrepresentation or bad faith by an subject to exclusion of the protected the entire BTA, and interference applicant. Other events may also change service areas and/or locations of protection will be governed in the the protected service area, such as the authorized or previously proposed MDS manner for protecting BTA service on end of the five year build-out period, an and ITFS facilities, as further discussed MDS channels. However, in the case assignment or transfer or partitioning of infra in ¶ 42. Individual station licenses where a BTA authorization holder the BTA. These events are discussed in that are a part of a BTA service area will leases excess channel capacity from an detail below. not have a uniquely associated ITFS licensee, the protected area will be 31. Five Year Build-out Period. The protected service area. The common a 35-mile circle centered around the build-out period in which the holder of protected service area of all individual particular ITFS station in the BTA that a BTA authorization is permitted to stations within the BTA authorization leases the channels. We will afford this expand service or initiate new service will be the boundary of that BTA. area the same protection generally 28. We emphasize that the actual within their BTA service area will be afforded under our ITFS rules. BTA five years. Specifically, we will provide service areas can be tailored through authorization holders in adjacent BTAs voluntary agreements among the the BTA authorization holder five years must protect points on the 35-mile from the grant date of the initial BTA affected parties. Although our rules circle using cochannel and adjacent indicate that the holders of BTA authorization to construct and operate channel desired-to-undesired signal authorizations must locate all the system. The purpose of this strength rations of 45 dB and 0 dB, transmitter sites within the boundaries requirement is to ensure that service is respectively. A special case will occur of the BTA and may not cause promptly delivered to the public. See 47 whenever BTA authorization holders in interference in adjacent BTAs, the U.S.C. 309(j)(4)(B). This five year build- adjacent BTAs both lease the same ITFS interference rights may be modified out period is not extended by the grant channel group, such that the 35-mile through negotiation and written of subsequent authorizations, such as protected circle of each extends into the agreements. The MDS station facilities the grant of a long-form or modification BTA of the other. In this regard, we will within the auction winner’s BTA may application for an individual station expect the respective ITFS entities and be expanded or modified throughout the within the BTA service area. We will BTA service area so long as the system BTA holders to reach an agreement require the holder of a BTA continues to be in compliance with our concerning interference protection near authorization to submit a showing to the technical rules and protects incumbent their common boundary. Moreover, a Commission five years after the BTA MDS and ITFS facilities. The facilities BTA authorization holder will not be authorization was issued demonstrating may be expanded beyond the BTA or required to protect that portion of the that it is providing a signal level into the protected service area of an 35-mile circle associated with the other sufficient to provide adequate service to incumbent with an agreement from the authorization holder that falls on his or approximately two-thirds of the entity that controls the adjacent BTA or her side of the boundary. We believe population of the area within its control the incumbent protected 35-mile that this approach will promote our in the licensed BTA. The holder of the circular area. policy objectives for this service and BTA authorization must submit maps 29. Consistent with our goal of will similarly have only a positive effect and other supporting documents establishing filing procedures and on the continued successful showing compliance with this policies that will encourage the development of ITFS with the ever construction requirement. The accumulation of a full complement of expanding financial support for that Commission, in evaluating the showing, channels necessary for a viable MDS service provided by wireless cable may consider line-of-sight obstructions system, only the BTA authorization operators. and the ability to provide service holder will be qualified to submit any 30. The available MDS spectrum without causing harmful interference to new application for MDS use of within a BTA authorization will other MDS or ITFS facilities. If the available ITFS frequencies within the increase if the unconstructed facilities holder of the BTA fails to cover any of BTA in accordance with 47 CFR or unused channels held by an MDS the BTA, it will forfeit the authorization Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36531 and it will be ineligible to regain it. If channels within that area. We believe 36. Technical Rights and the Commission determines that there that allowing the partitioning of Responsibilities. In determining are usable channels in an unserved or portions of the BTA service area will interference protection standards and underserved area of the BTA, the encourage provision of service to rural other technical provisions under this Commission would partition the area areas, which will promote the most new approach to MDS authorization of along geopolitical boundaries and issue efficient use of the spectrum. See 47 service, our objectives are two-fold: (1) a public notice establishing the U.S.C. 309(j)(3)(A) (instructing the to provide maximum flexibility to allow reauction of the partitioned area. This Commission to promote the both new BTA authorization holders public notice would announce the development and rapid deployment of and current MDS licensees, conditional auction or auctions by geographic area, new technologies, products, and licensees, and applicants to develop and specifying the filing period for short- services for the benefit of the public, expand service in the most rapid and form applications and the applicable including those residing in rural areas). economically feasible manner, and (2) to bidding procedures. The holder of the 34. Partitioning. During the five year assure that the introduction of new MDS BTA will forfeit the partitioned service build-out period, we will permit the service will not result in objectionable area and will be ineligible to bid on it. holder of a BTA authorization to interference to the services of We believe that this coverage policy is partition portions of its BTA incumbent stations and will minimize reasonable and will result in the authorization and enter into contracts insofar as possible the extent of channels being made available to with eligible parties, allow such parties potential interference within BTA applicants who will provide service to to file long-form applications for the service areas. These objectives and the the public. We further believe that this usable MDS channels within that provisions herein take into account the will deter the warehousing of channels partitioned area. The BTA may be extent to which the current service has and ensure that the spectrum is being partitioned along geopolitical been built around successful effectively utilized for MDS. boundaries, and the Commission may negotiations among neighboring 32. Assignment or Transfer of Control. grant such applications, provided they operators and/or licensees, as well as The holders of BTA authorizations and are in compliance with the rules. Also, prospective operators and licensees. We MDS incumbents may negotiate a holder of a BTA authorization will be fully expect this spirit of cooperation mergers, buyouts, channel swaps, permitted to add to its service area by and accommodation to continue and, channel splits or make similar acquiring a partitioned service area from while we will adopt interference arrangements on a voluntary basis, the holder of an adjacent BTA. protection provisions for BTA and pursuant to the general assignment and Following grant of such an application, incumbent service, we will allow and transfer provisions of 47 CFR 21.38. the authorization will be referred to as indeed encourage the holders of BTA Both parties are generally permitted to ‘‘partitioned service area.’’ The holder of authorizations and incumbents to work buy from and sell authorizations to each a partitioned service area would, in out mutually agreeable interference other and to third parties, with few effect, then hold something similar to a concerns with other potentially affected limitations. BTA authorization for the partitioned parties whenever possible. 33. Additional spectrum may be 37. As a result of this Report and area. The protected service area will acquired by the holder of a BTA Order and a separate MDS order we are become or expand to the boundaries authorization through buyouts of adopting today, protected service areas incumbent licensees within their partitioned along the designated for BTA authorization holders and MDS authorized BTA service area. As is the geopolitical boundaries and the same incumbents will be defined differently. case with ITFS licensees, wireless cable technical rules will apply, including the Second Order on Reconsideration at operators may also acquire spectrum limiting signal strength at the ¶¶ 2–31. We believe this approach will through leasing agreements with boundaries of the partitioned area. best facilitate the full development of incumbents. In this case, the protected Accordingly, the construction period for incumbent wireless cable systems, many service area of the acquired station will the partitioned service area will be the of which already have secured the extend to the BTA boundary or the remaining portion of the five year build- desired transmitting site, and serve existing 35-mile protected circular area out and at the end of this five year subscribers within a metropolitan area (from the incumbent), whichever is period, the holder of the partitioned from a single site. In addition, this larger. The holder of the BTA service area must demonstrate that it is approach may allow the rapid authorization may assign or transfer providing substantial service to the expansion of new MDS service into control of its entire BTA, which will partitioned area. Once construction is other unserved portions of BTAs. We include all authorized stations, subject complete, the license term will run ten adopt an idea contemplated in the to the unjust enrichment provisions for years from the date the Commission Notice, that the perimeter of a designated entities. See infra at declared bidding in the MDS auction to predetermined geographic area (BTA) ¶¶ 147.152. Such an assignment or be closed. generally defines its protected area. The transfer of an entire BTA may also 35. We believe that allowing holders holders of BTA authorizations will not include unserved areas so long as the of the BTA authorizations to partition be permitted to cause interference five year build-out period has not will facilitate the provision of service to within the boundaries of an adjacent expired. If a BTA authorization is small markets and rural areas, some of BTA, without the consent of the affected assigned or transferred, the new holder which currently have no source of authorization holder. When such of the BTA authorization is held to the multichannel video programming. interference occurs, an offending party original build-out period. The holder of Partitioning will also promote the most will be expected to act promptly to the BTA authorization may also efficient use of the spectrum and eliminate any unwanted interference in partition portions of the BTA along encourage participation by a wide another operator’s BTA. geopolitical boundaries under our variety of entities, including small 38. Interference among adjacent BTA partitioning rules, discussed below, and businesses, rural telephone companies, operators will be partially controlled by contract with eligible parties, allowing and businesses owned by members of establishing an allowable limit for a such parties to file long-form minority groups and women. See 47 station’s predicted signal strength at all applications for the usable MDS U.S.C. 309(j) (3)(B), (3)(D) and (4)(C). points along a BTA boundary. The same 36532 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations limiting signal strength will apply at the channel D/U signal strength ratios (the than the power flux density achieved boundaries of every BTA, regardless of current MDS interference standards) to under standards used in the MDS its size or shape. An exception to this protect BTA service at the BTA service for many years, i.e., a value of limit would be justified where a single boundary, we believe there would be ¥75.6 dBw/m2 is achieved with 200 entity obtains authorization for adjacent populated areas within a substantial watts of EIRP at a distance of 15 miles. BTAs. While we recognize that several number of BTAs that may never be Moreover, based on the record in the commenting parties are concerned that served due to the irregular sizes and Second Order on Reconsideration, it is an MDS signal simply does not stop at shapes of BTAs. Moreover, as we have clear that many wireless cable systems the area boundary, we believe the level indicated, given the nature and history serve a substantial subscriber base at of limiting signal strength given below, of the service, as well as the likelihood distances of 35 miles or even greater. together with the multitude of available that auction participants will be Thus, we conclude that the selection of interferences abatement techniques, will experienced in conducting negotiations, this value of limiting signal strength facilitate control of interference between we believe that we can prevent will generally enable service over BTA authorization holders in adjoining unwanted interference by relying unobstructed signal propagation paths BTAs. Interference levels to BTA primarily on negotiated agreements and at the 35-mile boundary of an holders from MDS incumbent stations voluntary compliance with our incumbent’s transmitting facilities. The will be partially governed by interference right-of-ways, which we ability to achieve this signal level at a establishing the same maximum will enforce as necessary. Thus, we BTA boundary will vary considerably, allowable signal strength along the consider our limitation of signal depending on the size of the BTA and boundary of incumbents’ 35-mile strength at the BTA boundaries and the placement of a transmitting facility. circular areas, the expanded area incumbent service areas as a secondary Clearly, because of their large size, provided in the Second Order on means of interference protection. service of many BTAs will require Reconsideration. 40. Inasmuch as incumbent stations multiple transmitting facilities. lie within BTAs and authorized BTA 42. In the Notice we stated our 39. At first glance, it would appear stations will not have their own intention not to change the interference that the approach to interference control protected service areas, interference protection standards applied ‘‘at points between adjacent BTAs would be from incumbent stations can only be along the service contours of protected ineffective, given that the levels of governed by agreements between facilities.’’ Notice at 7674. Accordingly, desired (D) and undesired (U) could be affected parties, and indirectly, by BTA authorization holders will be the same at the common boundary placing a limiting value on the strength required to design their transmitting between BTAs. The resulting desired-to- of the signal at the boundary of facilities to protect points along the 35- undesired signal strength ratio (D/U) of incumbent MDS stations. A signal mile circles and points within the 0 dB falls well below the 45 dB standard strength, regardless of its numerical protected service areas of incumbents’ now governing interference between value, will not by itself eliminate the licensed stations, conditionally licensed MDS stations operating on the same potential for interference from stations, or previously proposed channel. However, taking the signal incumbent stations. Terrain shielding applications. Specifically, stations suppressing effects of receiving and other abatement techniques will proposed in BTA long-form applications antennas into account and further also be helpful in this regard; however, must meet the 45 dB and 0 dB assuming that the desired and undesired the most effective means of controlling cochannel and adjacent channel signals are coming from opposite sides interference will be the agreements desired-to-undesired signal strength of the BTA boundary, the D/U ratio between BTA authorization holders and ratios at the boundary of each protected improves to as much as 25 dB. If we incumbent MDS licensees, which, for 35-mile circle. We will also continue to further expect that, in most cases, example, may stipulate that an use these stricter protection standards stations on opposite sides of the incumbent utilize a directional antenna within incumbents’ protected service boundary would operate with different pointed away from the affected BTA. areas. Unlike BTA service, which does antenna polarizations, then the D/U 41. We have selected as the limiting not yet exist, incumbent stations have ratio further improves to 45 dB. These signal strength a power flux density an established subscriber base in many numbers are based on the characteristics value of ¥73 dBw/m2. This value cities and rural areas throughout the of the standard MDS receiving antenna corresponds to a received power level of country. Wireless cable systems were found in 47 CFR 21.902(f). approximately ¥83 dBw (decibels carefully crafted, both through Alternatively, station operators on above 1 watt) or ¥53 dBm (decibels engineering design, site location and opposite sides of a BTA boundary may above 1 milliwatt), given a receiver negotiation among affected parties, and design their facilities with agreements antenna with a maximum gain of 20 in partial reliance on the Commission’s between affected parties to operate on a dBi. A power flux density value is used protection standards. To a considerable frequency offset basis, with a less because ‘‘free space’’ propagation is the extent, these systems provide restrictive D/U ratio of 28 dB necessary model long used in the MDS service. interference-free reception to to prevent cochannel interference in this This variable depends only on the level subscribers, many out to distances situation. Indeed, a host of interference of power radiated from a transmitting beyond 35 miles. Because many abatement techniques could be antenna and the distance between the wireless cable systems have been employed to prevent interference near transmitting and receiving locations. serving subscribers well beyond their BTA boundaries. Admittedly, this The value of ¥73 dBw/m2 was selected current 710 square mile protected approach relies more on operator because it is the ‘‘free space’’ value of service area, we do not wish to disrupt interference agreements and the power flux density achieved with an existing service patterns which compete honoring of another’s interference rights equivalent isotropically radiated power with wired cable systems. than it does on applying rigid (EIRP) of 2,000 watts (the maximum 43. The holders of BTA authorizations interference standards in the processing allowable EIRP in the MDS service within 80 kilometers (50 miles) of the of applications. However, if we were to where omni-directional antennas are Canadian or Mexican borders, may only mandate strict compliance with the 45 used) at a distance separation of 35 operate on MDS channels pursuant to dB cochannel and 0 dB adjacent miles. This numerical value is stronger the restrictions in international Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36533 agreements. Thus, applicants circles in the following manner. For Commission’s MDS engineers currently considering authorizations for these incumbent licensees with no utilize this formula and it is recognized BTAs should consider the impact of the conditional licenses or pending by engineering consulting firms in the additional border requirements in their applications, the ‘‘protected reference wireless cable industry: valuation of the service areas for coordinates’’ will be those of the current The received signal power level competitive bidding purposes. site. Subsequent changes in site location (RSL)dBW at the output of the FCC would be permitted; however, the 35- reference receiving antenna is obtained 3. Treatment of Incumbents mile circle would remain centered about from the following:23 44. As we have stated, a principal the previous site coordinates. For (RSL)dBW=(EIRP)dBW¥(LFS)dB+(GAR)dB objective in this proceeding is to allow incumbents having only a conditional where the free space loss (LFS)dB is π λ incumbents to continue existing license or a new station application (LFS)dB=20 log (4 d/ ) dB operations without objectionable pending before the effective date, the In these equations, (RSL)dBW is interference from new MDS operations site coordinates specified for the received power in decibels referenced to and to allow them sufficient flexibility conditional license or pending one watt, (EIRP)dBW is equivalent to modify their facilities to respond to application will become the reference isotropically radiated power in decibels market forces. Expansion of the coordinates. In cases where an above one watt, d is the distance of the protected service boundary to 35 miles incumbent has two or more signal path in meters, λ is the will increase an incumbents’ service authorizations and/or pending wavelength of the signal in meters, and area from 710 square miles to 3848 applications on the effective date, the GAR is the gain of the reference receiving square miles, which will allow for the reference coordinates in each antenna, as obtained in 47 C.F.R. future orderly development of wireless authorization and/or application will be § 21.902(f)(3), Figure 1. The Notice cable systems, particularly as digital provisionally treated as the permanent proposed to formalize the above technology is introduced. Second Order reference coordinates of the protected equations by adopting them as a rule on Reconsideration at ¶¶2–31. circle. Eventually, pending applications provision as part of a plan to implement 45. Incumbents, unless they also will be disposed of and conditional computerized interference studies. control the adjacent BTA territory licenses will either become licenses or Additionally, the Notice stated that we (either as BTA authorization holders or be forfeited for failure to construct. will require proposed facilities to meet through interference agreements) will the 45 dB and 0 dB cochannel and not be free to expand further their 4. Alternative Uses of MDS Frequencies adjacent channel desired-to-undesired service area into the adjacent BTA. The 47. The principal use of MDS signal strength ratios at points along the manner we choose to prevent such frequencies is wireless cable service. service contours of protected facilities occurrences is to define a limiting Under Section 21.903(a) of the which were authorized under the power flux density of ¥73 dBw/m2, Commission’s rules, 47 C.F.R. current interference standards. With which may not be exceeded at points § 21.903(a), MDS stations are ‘‘generally regard to long-form applications, we along the 35-mile protected service area. intended to provide one-way radio proposed to retain the requirement in 47 Subject only to this limitation, transmission (usually in an C.F.R. § 21.902, that an applicant incumbents will be free to file long-form omnidirectional pattern) from a perform analyses of the potential for applications at any time to modify their stationary transmitter to multiple harmful interference and serve such facilities or add facilities such as signal receiving facilities located at fixed interference studies upon the authorized boosters. In a small number of cases points.’’ At the same time, our rules or previously proposed station involving directional antennas, an permit use of MDS frequencies for other applicants, conditional licensees or incumbent’s power flux density may kinds of services. Section 21.903(b), 47 licensees required to be studied, but we already exceed ¥73 dBw/m2, for signal C.F.R. § 21.903(b), states that ‘‘[u]nless would not require the submission of a paths in some directions at a distance of otherwise directed or conditioned in the list of those served at the time the long- 35 miles. In such cases, we would not applicable instrument of authorization, form application was filed. We force the incumbent to reduce the signal Multipoint Distribution Service stations explained that, on the revised long-form strength to the allowable limit, nor may render any kind of communications application form, the applicant would would we allow the signal level to service consistent with the supply certain crucial data elements increase. Incumbents who propose to Commission’s rules on a common describing the station parameters, such modify their stations must continue to carrier or on a non-common carrier basis as antenna polarization and the station seek prior Commission approval ** *.’’ We wish to emphasize that EIRP, while the Commission staff would pursuant to 47 C.F.R. §§ 21.40 through nothing in this Report and Order perform interference analyses using a 21.42, and include any agreements with precludes either new licensees or computer program. The Notice stated the holder(s) of a BTA authorization(s). incumbents from using MDS that, although the submission of All other current rules continue to apply frequencies for other kinds of services interference or other engineering to MDS incumbents unless specifically pursuant to 47 C.F.R. § 21.903(b). We analyses would not be required with the amended. note, however, that such applicants may long-form application, we would require 46. Finally, since the incumbents’ 35- need to apply for waivers of certain the applicant to make the records mile protected circles will be embedded MDS technical rules, such as 47 C.F.R. available for Commission inspection within one or more BTAs, to prevent §§ 21.903(a) and 21.906. upon request. We also questioned in the additional encroachment into a BTA we Notice whether we should eliminate must at some point fix the 35-mile B. Interference Criteria and Data Elements signal contour maps as a required part circles around a permanent reference of the interference studies. point, absent an interference agreement 48. Proposals. As a complement to the 49. Pursuant to our streamlining with a BTA authorization holder. filing proposals and electronic effort, the Notice proposed to improve Accordingly, on the effective date of the procedures, the Notice proposed to the current application form used for rules adopted in the Second Order on adopt a technical equation as the basis Reconsideration, we will permanently for the ‘‘free space’’ interference 23 Leon W. Couch II, Digital and Analog fix the location of the protected 35-mile protection calculations. The Communication Systems, p. 384 (3rd ed. 1990). 36534 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations new MDS stations, FCC Form 494,24 by collect data on antenna vertical long-form and modification applications excluding certain data elements which radiation patterns. of MDS incumbents and BTA have yielded information that is no 50. The Notice proposed to further authorization holders. A program is longer necessary or of only marginal modify the long-form application in an being designed that will perform utility. Specifically, we proposed to effort to make the form compatible with cochannel and adjacent channel eliminate queries regarding the antenna an electronic filing system. At the interference analysis at one degree vertical sketch and the narrative present time, we propose to use a new intervals along the protected 35-mile description of why grant of the long-form application together with the circle of incumbents’ authorized application would be in the public current FCC Form 430, the Licensee stations or protected station proposals. interest. We further proposed to exclude Qualification Report. An appendix to This program, as envisioned, will use the Notice listed data elements and the following parameters of the the Commission’s three-second terrain other informational items for our transmission system: transmitter data base to check for unobstructed proposed new electronic application signal paths between the site of the manufacturer and model number, form, including general, engineering station being studied and points along transmitter output power, transmitting and legal elements. For example, we the incumbent’s protected contour. For antenna gain and the specification of proposed to retain engineering data those radials on which line-of-sight transmission line and other elements necessary for analysis of transmission losses. We observed that interference or possible air safety conditions do not exist, either due to a with regard to transmitters, we are only hazards, such as transmitting antenna terrain obstruction or the earth’s concerned that MDS licensees operate site coordinates, EIRP, antenna curvature, the program will conclude transmitters that are ‘‘type-accepted’’ by polarization, site elevation and antenna that interference would not occur at that the Commission for use in this service. structure height above ground. Other point. We note, following long-standing Accordingly, we proposed to eliminate data would be used to verify an Commission practice, that all line-of- the requirement that the applicant applicant’s compliance with a particular sight determinations will assume a identify the transmitter make and Commission rule, such as when antenna receiver height of 30 feet and a standard model, and simply require that the beam width is used to calculate the 4/3 earth radius for determining the conditional licensee certify that its maximum allowable EIRP of a station electrical horizon. Where line-of-sight transmitter is ‘‘type-accepted’’ in its using a directional transmitting antenna. conditions exist, the program would certification of completion of We also proposed to retain applicant first determine the proposed station’s construction, currently FCC Form 494A. responses which demonstrate EIRP in the pertinent direction, based The MDS rules now provide for a compliance with a particular statutory on the EIRP and horizontal relative field maximum EIRP, rather than a maximum requirement, such as an environmental strength tabulation given in the value for transmitter output power. See assessment. application. The received signal power 47 CFR 21.904. Thus, the Notice stated, 51. In reference to applicants locating level of the proposed station, the stations in areas where notification or so long as the EIRP remains within the ‘‘undesired signal’’ (U), will then be coordination with Canada or Mexico is limits of Section 21.904, it is not calculated using the free space equation. required by international agreement, the The value of the receiver antenna gain necessary to require applicants to Notice indicated that these applicants specify the equipment parameters used in this calculation will depend on the would be required to submit the angular relationship between the radial to calculate EIRP. The Notice also following additional technical data, proposed to allow changes to these azimuth and the orientation of the which were not proposed as standard receiving antenna. We will assume that transmission parameters without data elements in the electronic long- notification to the Commission, the latter is pointed toward the station form application: transmitter output being received. The gain will also provided the resulting EIRP would not power, transmitting antenna gain and change. The station power to be depend on whether the proposed station transmission line loss. In addition to the is cross polarized or co-polarized with specified on the application form would EIRP at a vertical angle of zero degrees, respect to the protected station. The be the maximum EIRP in the horizontal applicants in the border areas will be receiving antenna gain will be that of plane, i.e., the EIRP at an angle of zero required to specify the maximum EIRP the reference receiving antenna found in degrees in the vertical plane. We at the vertical angle corresponding to Section 21.902(f)(3), Figure 1 of the proposed to permit electrical beam the beam tilt. The Notice explained that Commission’s rules. We here establish a tilting of antennas; however, in all the additional data requirements could fixed value for the ‘‘desired signal’’ level cases, applicants would be required to be submitted in a textual exhibit to the at the 35-mile boundary. Assuming a specify the EIRP in the zero degree electronic application or a paper receiver antenna gain of 20 dB above an vertical (horizontal) plane. Where beam supplement. isotropic antenna, an EIRP of 2000 watts tilting is employed, the EIRP at the zero 52. Resolution. With some additional (33 dBw) and a frequency of 2638 MHz, degree vertical angle will be less than clarification, we will adopt the the midpoint frequency between the maximum EIRP at the tilt angle, due proposals raised in the Notice, channels E1 and H3, the free space to the vertical suppression characteristic including the free space equation and propagation equation gives a value of of the transmitting antenna. In most the proposed data elements for the long- ¥82.9 dBw. Our computer program will instances, this value of EIRP closely form application. A draft long-form application, FCC Form 304, is attached therefore use a received power level approximates the power radiated to the to the Report and Order.25 We will (‘‘D’’) of ¥83 dBw as the value of the radio horizon which is most relevant to develop computer programs that will desired signal strength. Finally, the interference analysis. By proceeding in help to streamline the processing of the program will compute the value of the this manner, we would not need to desired-to-undesired signal strength 25 The Office of Management and Budget has not ratio (‘‘D/U’’), which is logarithmic 24 Since Form 494 is a multi-purpose form that is yet approved the FCC Form 304 pursuant to the units is expressed as D – U. This value used for other services, to the extent that we are Paperwork Reduction Act. A public notice will be proposing changes, we intend to create a different issued when the new form has been approved and will be tested against the minimum form to be used for MDS. is available for use. standard of 45 dB. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36535 53. Another program is being a required element in the application information to an electronic mailbox at designed that will analyze the impact of process. Applicants may continue to the Commission. In the Notice, we incumbents’ modification applications. prepare interference studies with D/U recognized the possible limitations of This program will analyze 360 radials contour lines at their discretion. Given this approach with respect to maps and spaced by one degree, first checking for the structure and processing tools other graphic representations. We unobstructed line-of-sight paths to the associated with our new licensing envisioned that the public would have 35-mile boundary and, for clear paths, approach for the MDS service, we will on-line viewing access to our data bases, calculating the free space signal strength not prescribe how applicants’ perhaps through a third-party vendor in that would result from the modification interference studies are to be conducted. addition to access at the Commission’s and comparing it to the maximum Further, potentially affected parties who public reference room. allowable limit; that is, a power flux are served a study and disagree with its 58. In the Notice, we also proposed density value of ¥73 dBw/m 2. To the conclusions may file a petition to deny expanding the acceptable methods of extent that we are not constrained by an application. payment for application fee to include licensing agreements with third parties 56. As contemplated in our Notice, we electronic payment under 47 C.F.R. and to the extent resources are available, intended to streamline our application § 1.1109.27 We stated our intention of we will make our computer programs forms in accordance with our actions announcing the procedures for the available to the public. This will be herein. We are, therefore, directing the electronic payment of fees in a public announced in a subsequent public staff to incorporate as appropriate those notice, pursuant to Section 1.1109(a)(1). notice. data elements previously listed in the We sought comment regarding a fee 54. We emphasize that we will use Notice into a revised and reformatted system where applicants use a unique computer models as application long-form application for use in the fee payor number together with an processing tools. Similar processing future by MDS applicants seeking to appropriate service code and a suffix in tools have been successfully used for construct new stations or to make cases where applicants file multiple Low Power Television Service with very changes in their authorized facilities. applications, in order to link the fee few reported cases of interference to payment with the electronically filed C. Electronic Filing and Electronic Fee television reception, none of which Payments application. occurred inside of a station’s protected 59. Resolution. We will authorize contour. The MDS interference 57. Proposals. In the Notice we voluntary electronic filing for new MDS standards should not be confused with invited comment on the feasibility of applications. Use of an electronic filing the processing methods, which can only utilizing mandatory electronic filing for system is not as essential under the approximate the standard. For example, new MDS applications, on whether filing approach we adopt today because under the interference standards, ITFS applicants should be required to we anticipate that fewer long-form incuments’ 35-mile areas are to be file applications for new stations applications will be filed. We also protected not only at points along the electronically on a combined considered the burden on educators and boundary, but also within the boundary. application form,26 and on whether determined that applications for new 55. Although, as applicable, we will there should be a paper exception for ITFS stations will not be included at require MDS applicants to prepare those educators that are not financially this time. We appreciate the concerns interference analyses or notification of supported by a wireless cable operator. expressed by commenters, including the application filings, and serve these on Notice at 7676–77. The Notice suggested cost to applicants of implementing and potentially affected parties, we will that communication links could be used using electronic filing, data security and generally not require that such studies to exchange application date between system reliability issues. We will take or a list of the parties served be applicants and the Commission, thus these concerns into account in deciding included with applications. However, minimizing the filing of paper with the upon the software which will be used since electronic filing will be Commission and allowing the and the access method for electronic implemented in this service on a Commission to process MDS and ITFS filing. We agree with commenters who voluntary basis, we will allow applications more efficiently. Pursuant encourage the Commission to evaluate applicants to submit interference to the proposal, an electronic form carefully alternative electronic filing studies with their applications on a would be designed for personal approaches and who suggest a transition voluntary basis. Applicants may also computers using a Windows based period from paper filing to electronic submit negotiated agreements of tailored environment, and consisting of a series filing. At the present time, we decline interference protection or operation on of computer screens. One possible to accept the proposal put forth by the basis of frequency offset. Applicants approach identified in the Notice Pepper regarding the establishment of a may submit terrain shielding studies involves the use of electronic mailboxes committee to recommend Commission- based on methods of their own such as that of a Value Added Network wide standards and procedures for all choosing, including shadow maps. (VAN). Applicants would transmit services, noting that the merits There are no universally accepted relevant data from their personal associated with the formation of such a methods for terrain shielding studies computer to a VAN electronic mailbox. committee would be outweighed by The VAN would, in turn, convert the given the widely varying characteristics factors such as delayed decision making data into a format compatible with of terrain features. Therefore, we believe and implementation of electronic filing. Commission files and download the it is appropriate to afford applicants the Through subsequent public notices we flexibility to select a terrain model will provide specific details concerning suitable to the terrain being analyzed. 1 In 1992, Congress amended the Additionally, we are persuaded by the Communications Act of 1934 to permit the electronic filing of license and construction permit 27 The Commission recently amended 47 C.F.R. comments that interference studies applications. See Telecommunications §§ 1.1108 and 1.1109 to permit the electronic filing should no longer be required to include Authorization Act of 1992, Pub. L. No. 102–538, of fee payments, initially on an experimental basis. contour maps. As Marshall points out, § 204, 106 Stat. 3533, 3543, codified at 47 U.S.C. Implementation of Section 9 of the contour lines can be used in several §§ 308(b) and 319(a). Such applications may be Communications Act, Report and Order in MD signed ‘‘in any manner or form, including by Docket No. 94–19, FCC No. 94–140 (released June ways and are most useful when drawn electronic means, as the Commission may 8, 1994). 59 Fed. Reg. 30,984 (June 16, 1994) at ¶¶ on a terrain shadow map, which is not prescribed by regulation.’’ Id. 50–51. 36536 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations the method for electronically filing MDS Report and Order establishes mutually exclusive applications for applications. We will also authorize competitive bidding rules and MDS station licenses that were filed electronic fee payment for MDS procedures for MDS. prior to July 26, 1993.33 Under the applications. Current methods of 61. Given the interdependencies we procedures in effect prior to the payment available under 47 CFR 1.1109 believe exist between authorizations for enactment of competitive bidding will continue to be accepted. As our certain BTA service areas and the authority in the 1993 Budget Act, these resources permit, we will work toward declining cost of conducting mutually exclusive MDS applications improved viewing access to the data simultaneous multiple round bidding, were to have been lotteried. In bases. we choose this auction method for use September 1993, the Commission in MDS. We also adapt the general tentatively concluded to lottery rather D. Competitive Bidding Procedures procedures set forth in the Second than auction pre-July 26, 1993 MDS 1. Competitive Bidding Background Report and Order so as to be compatible applications. See Competitive Bidding 60. On August 10, 1993, the Omnibus with the application procedures Notice at 7661. In reaching this Budget Reconciliation Act of 1993 established for MDS in this Report and decision, the Commission first noted (Budget Act) added a new section 309(j) Order. Finally, we set forth rules to that these applications has already to the Communications Act of 1934, as deter possible abuses of the bidding and incurred substantial delays. The amended, 47 U.S.C. 151–611 application procedures, and establish Commission then tentatively decided to (Communications Act). This special provisions for small businesses, eschew auctions in favor of lotteries for amendment to the Communications Act including those owned by minorities pending MDS applications to avoid gave the Commission express authority and women, to encourage their ‘‘further delay’’ in granting MDS station to employ competitive bidding participation in the competitive bidding licenses and providing service to the procedures to choose from among process and in the provision of MDS public during the time it would take for mutually exclusive applications for system offerings. the Commission to promulgate certain initial licenses. The Commission 2. Auction Eligibility competitive bidding rules. Id. adopted a Notice of Proposed Rule Subsequently, in the Second Report and 62. The Commission has in the past Order, the Commission concluded that Making in the competitive bidding employed a random selection process proceeding on September 23, 1993.28 In new initial applications in MDS would (i.e., a lottery) to select from among be eligible for competitive bidding, but it March 8, 1994 Second Report and mutually exclusive MDS initial 29 did not resolve the question of whether Order, the Commission established applications. See 47 CFR 1.824. to employ lotteries or auctions to general rules and procedures and a However, Section 309(j) of the dispose of the previously filed MDS broad menu of competitive bidding Communications Act, as amended, applications. Second Report and Order methods to be used for all auctionable permits auctions were (1) mutually at 2359. Thus, due to processing delays services, including MDS. We indicated exclusive applications for initial and further delays resulting from the in the Second Report and Order that in licenses or construction permits are consideration of issues raised in the subsequent Reports and Orders we accepted for filing by the Commission; Budget Act regarding competitive would set forth specific competitive (2) the principal use of the spectrum bidding, this group of previously filed bidding rules that would be applicable will involve or is reasonably likely to MDS applications, through no fault of to individual services. To date, the involve the receipt by the licensee of Commission has established the applicants themselves, has never compensation from subscribers in return competitive bidding rules specifically been lotteried. for enabling those subscribers to receive applicable to, and has conducted 64. The 1993 Budget Act empowers or transmit communications signals; auctions for, narrowband Personal the Commission to either auction or and (3) the objectives set forth in Communications Services (PCS),30 the lottery these previously filed MDS Section 309(j) would be promoted. In Interactive Video and Data Service applications.34 Consistent with the the Second Report and Order, we (IVDS),31 and broadband PCS.32 This statute, our tentative conclusion in the concluded that single and multichannel Competitive Bidding Notice, and MDS as classes of services would satisfy 28 Notice of Proposed Rule Making in PP Docket Commission precedent,35 we now the Section 309(j) criteria for auction No. 93–253, 8 FCC Rcd 7635 (1993), 58 Fed. Reg. exercise our discretion to lottery this 5389 (Oct. 15, 1993) (Competitive Bidding Notice). ability, and, thus, new initial group of remaining previously filed, 29 Second Report and Order in PP Docket No. 93– applications in MDS would be eligible mutually exclusive MDS applications. 253, 9 FCC Rcd 2348 (1944), 59 Fed. Reg. 22980 for competitive bidding. Id. at 2359. The (May 4, 1994) (Second Report and Order), recon. By employing lotteries for pre-July 26, Second Report and Order did not, granted in part, Second Memorandum Opinion and 1993 MDS applications, and by holding Order, 9 FCC Rcd 7245 (1994), 59 Fed. Reg. 44272 however, expressly resolve the question auctions for initial applications (Aug. 26, 1994) (Second Memorandum Opinion and of the auction ability of mutually Order). accepted for filing after that date, we exclusive MDS station applications filed 30 Third Report and Order in PP Docket No. 93– adopt a straightforward approach that is 253, 9 FCC Rcd 2941 (1994), 59 Fed. Reg. 26741 prior to July 26, 1993, the date specified (May 24, 1994) (Third Report and Order), recon. in the Commission’s auction authority 33 Once we complete our processing, we expect granted in part, Third Memorandum Opinion and in the 1993 Budget Act. Id. For the Order and Further Notice of Proposed Rule Making, that this group of previously filed, acceptable MDS 10 FCC Rcd 175 (1995), 59 Fed. Reg. 44059 (Aug. reasons set forth in Section 3 below, we station applications will likely be quite small, 26, 1994) (Third Memorandum Opinion and Order). now determine to lottery these consisting of approximately 100 mutually exclusive 31 Fourth Report and Order in PP Docket No. 93– previously filed MDS applications. applications for five rural locations. The 253, 9 FCC Rcd 2330 (1994), 59 Fed. Reg. 24947 applications for these five locations have been (May 13, 1994) (Fourth Report and Order), petition 3. Disposition of Previously Filed MDS pending since 1991. 34 for recon. pending. Applications See 47 U.S.C. §§ 309 (i) & (j); Budget Act, Pub. 32 Fifth Report and Order in PP Docket No. 93– L. No. 103–66, § 6002(e) (Special Rule), 107 Stat. 253, 9 FCC Rcd 5532 (1994), 59 Fed. Reg. 37566 63. Before the Commission conducts 312, 397 (1993). (July 22, 1994) (Fifth Report and Order), recon. competitive bidding for the BTA service 35 See Memorandum Opinion and Order in PP granted in part, Fifth Memorandum Opinion and areas applied for under the revised Docket No. 93–253, 9 FCC Rcd 7387 (1994), 59 FR. Order, 10 FCC Rcd 403 (1995), 59 Fed. Reg. 63210 37 163 (July 21, 1994) (Cellular Unserved Order) (Dec. 7, 1994) (Fifth Memorandum Opinion and procedures set forth herein, we must (determining to lottery previously filed applications Order). first process the remaining acceptable, for cellular unserved areas). Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36537 easy to apply, fair to the applicants and time-consuming, simultaneous and/or MDS than other auction methods serves the public interest. multiple round auctions become less primarily because the ‘‘value of and cost-effective as the value of licenses interdependence between’’ the 4. Competitive Bidding Design decreases. Second Report and Order at geographic service areas might not be 65. In this Report and Order, we have 2360. We also found that simultaneous ‘‘sufficiently high to justify the use’’ of attempted to design auction rules and multiple round bidding facilitates the the generally preferred auction method. procedures that are compatible with the efficient aggregation of licenses across Notice at 7678. After further unique characteristics of MDS and that spectrum bands and geographic areas, consideration, and based upon our meet the congressional objectives set and because of the superior information continuing successful experience with forth in the Communications Act. See and flexibility this bidding methodology simultaneous multiple round bidding, 47 U.S.C. 309(j)(3). We believe that provides, is likely to yield greater we now conclude that simultaneous these objectives are embodied in two revenues than other auction designs. multiple round bidding is in fact basic Commission policy goals: Thus, we concluded in the Second appropriate for MDS. promoting economic growth and Report and Order that the use of 71. With regard to the expected value enhancing access to simultaneous multiple round bidding of the BTA service areas at auction, we telecommunications service offerings for would generally be preferred. Id. at realize that some areas—particularly consumers, producers and new entrants. 2366. those with sparse populations—may be Second Report and Order at 2349–2350. 68. We also recognized in the Second auctioned for relatively modest In the paragraphs below, we implement Report and Order that simultaneous amounts. The value of any BTA service competitive bidding for MDS, pursuant multiple round bidding may appear area at auction will, however, vary, to Section 309(j) of the Communication more complex to bidders and could be depending in large part upon the Act and based on the record in this more difficult and expensive to population of and the amount of usable proceeding. The methodology and implement than other auction methods. spectrum in that area. Heavily procedures we will utilize in Id. at 2364. We have, however, in the populated BTA service areas may conducting MDS auctions are identified past year gained considerable therefore attract more substantial sums, below, and additional details about experience in conducting simultaneous depending on the availability of specific competitive bidding procedures multiple round bidding. This spectrum within such areas. Given the will be provided by public notice prior competitive bidding method has been substantially decreased costs associated to the MDS auction. utilized in several narrowband and with implementing simultaneous 66. General Competitive Bidding broadband PCS auctions,37 and has multiple round bidding, we believe that Designs. The Second Report and Order proved to be an efficient and effective BTA service area values are sufficient to established the criteria to be considered way to conduct spectrum auctions. In justify the use of this auction method. in selecting the auction methodology for addition, the cost to the Commission of 72. With regard to the question of each auctionable service. We generally conducting simultaneous multiple interdependence, we believe that the concluded that awarding licenses to round bidding has decreased BTA service area authorizations to be those parties that value them most considerably since the initial auctioned possess a degree of highly will best advance congressional simultaneous auctions because the interdependence. As explained in the policy goals. Id. at 2360. We also computer software used in these Notice, ‘‘[t]here appears to be some indicated that, because a bidder’s ability auctions has now been developed. We geographic interdependence due to to introduce valuable new services and have also recently initiated procedures coordination of interference at the to deploy them rapidly, intensively and permitting remote bidding from borders.’’ Id. at 7678. Indeed, because efficiently increases the value of the personal computers throughout the we have selected a filing approach license to that bidder, an auction design country. Consequently, bidders may based on predetermined geographic that awards licenses to those bidders now participate in simultaneous areas, rather than a national filing who are willing to pay the highest bid multiple round auctions in a variety of window, we emphasize that tends to promote the development and ways—on site, by personal computer authorizations for adjacent BTA service deployment of new services and the using remote bidding software, or via areas will be interdependent, as efficient and intensive use of the telephone. common ownership of such areas will spectrum. Id. at 2349–2350. 69. MDS Competitive Bidding Design. reduce problems of controlling 67. With regard to auction Given our growing and successful interference at the borders of the BTAs. methodologies specifically, the experience with this auction design, we See Second Report and Order at 2364. Commission previously determined conclude that the generally favored Interdependence between the BTA that: (1) licenses with strong method of simultaneous multiple round authorization may also arise from interdependencies should be auctioned bidding is appropriate for MDS. We economies of scale achieved by wireless simultaneously; 36 (2) multiple round accordingly adopt this method to cable operators spreading of fixed costs auctions, by providing bidders with auction the BTA service areas. over more units of output. See Second information regarding other bidders’ 70. In the Notice, we had tentatively Report and Order at 2364. We valuations of licenses, generally will concluded that simultaneous multiple accordingly conclude that there is some yield more efficient allocations of round bidding was less appropriate for degree of interdependence between BTA licenses and higher revenues, especially authorizations and that this where there is substantial uncertainly as 37 The Commission has also recently proposed to interdependence may be significant for to value; and (3) because they are utilize simultaneous multiple round bidding for geographically contiguous BTAs. Thus, both the 800 and 900 MHz Specialized Mobile relatively expensive to implement and Radio services. Further Notice of Proposed Rule the adoption of simultaneous multiple Making in PR Docket No. 93–144 and PP Docket No. round bidding should result in the most 36 Licenses are interdependent when the value of 93–253, FCC 94–271 (released Nov. 4, 1994), 59 FR. efficient award of these BTA a license to the bidder depends on the other 60111 (Nov. 22, 1994); Second Report and Order authorizations. See Second Report and licenses that the bidder acquires. Second Report and Second Further Notice of Proposed Rulemaking and Order at 2361. Licenses may be interdependent in PR Docket No. 89–553, PP Docket No. 93–253, Order at 2363. In particular, we believe because they are substitutes or because they are and GN Docket No. 93–252, FCC 95–159 (released that potential bidders that operate (or complements. Id. at 2364. April 17, 1995), 60 FR. 21987 (May 4, 1995). are planning to operate) MDS systems in 36538 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations geographically adjacent BTAs and/or in open outcry, will eliminate the need for reconsider the issue of whether another several regions of the country will be the Commission to select the order in auction design would be more able to make more informed bidding which the BTA service areas will be appropriate. decisions in a simultaneous auction auctioned. See Second Report and Order 76. MDS Bidding Procedures. There where all BTA service areas may be bid at 2360, 2363, 2366. will be one authorization offered in each upon at the same time. 74. The simultaneous multiple round BTA and the BTA authorizations will be 73. In addition to issues of cost and auction design adopted herein also awarded by simultaneous multiple interdependence, other considerations includes several features that should round bidding. All BTA service areas support the use of simultaneous reduce the possible burdens on bidders. will be auctioned at the same time. Bids multiple round bidding for MDS. We expect, for example, to have bidding will be accepted at the same time on all Compared with other bidding rounds of shorter duration than in other BTA service areas in each round of the mechanisms, including open outcry and simultaneous multiple round auctions, auction. High bid amounts will be sealed bidding, simultaneous multiple such as broadband PCS. This measure posted after the end of the bid round bidding will generate the most should shorten the MDS auction submission period in each round of information about the value of BTA substantially so that the length of the bidding. With modifications to take service areas during the course of the auction should not prove burdensome to account of the unique characteristics of auction. Thus, it is the most likely bidders. In addition, the burden on MDS and to reduce length, MDS auction method to award BTA bidders will be reduced by the variety auctions will follow the general bidding authorizations to the bidders who value of methods through which they may procedures we have used to date to them most highly. We also note that an participate in the MDS simultaneous conduct the narrowband and broadband auction method awarding BTA multiple round auction. Bidders will be PCS auctions. authorizations to the parties who value able to submit bids on site, via personal 77. In using simultaneous multiple them most highly should result in the computers using remote bidding 40 round bidding to award the BTA award of authorizations to bona fide software, or via telephone; however, authorizations, it is important to specify wireless cable operators, rather than to given the space limitations for on site minimum bid increments. The bid speculators, because bona fide operators bidding and the uncertainty as to the increment is the amount or percentage will likely value authorizations more exact number of prospective bidders, by which the bid must be raised above highly than, and will therefore outbid, the Commission reserves the right to the previous round’s high bid in order speculators, who may be reluctant to have only remote bidding—by personal to be accepted as a valid bid in the pay up front the amounts necessary to computer and by telephone—for the current bidding round. The application obtain authorizations through MDS auction. Thus, the expense to the of a minimum bid increment speeds the competitive bidding.38 Moreover, given bidders of participating in a progress of the auction and, along with the uncertainty as to the value of the simultaneous multiple round auction activity and stopping rules, helps to MDS spectrum, the information should be less than in an open outcry ensure that the auction comes to closure generated by simultaneous multiple auction, where bidders (and/or their round bidding should prove particularly representative(s)) would need to travel within a reasonable period of time. valuable by giving bidders more to and remain in Washington, DC for the Establishing an appropriate minimum flexibility to pursue back-up strategies. duration of the auction. Finally, the bid increment is especially important in Because of the superior information and Commission will hold a seminar for a simultaneous auction with a flexibility it provides, this auction prospective bidders to acquaint them simultaneous stopping rule. In that case, method should also yield more revenue with this bidding design and all all markets will remain open until there for the MDS spectrum than other alternative bid submission methods. is no bidding on any market, and a auction designs, including open 75. Given the numerous advantages of delay in closing the bidding on one outcry.39 Although the raising of the generally preferred auction method market will delay the closing of all revenue is not our dominant concern, of simultaneous multiple round markets. Second Report and Order at we note that Congress directed the bidding, we believe that this 2369. Commission, in designing auction methodology will best serve for 78. Because we plan to use methodologies, to promote ‘‘recovery for conducting MDS auctions. We note, simultaneous multiple round bidding the public of a portion of the value of however, that the presence of with a simultaneous stopping rule to the public spectrum resource.’’ 47 incumbents in the BTA service areas award BTA authorizations, we believe U.S.C. 309(j)(3)(C). Finally, the could affect the relative desirability and that it is necessary to impose a employment of simultaneous multiple value of BTA authorizations in ways we minimum bid increment to ensure that round bidding for MDS, rather than do not anticipate. In the event that the the MDS auction conclude within a filings of short-form applications reasonable period of time. As we 38 Sealed bidding is not supported by the indicate that the BTA authorizations recognized in the Second Report and Commission for MDS, because this bidding method have relatively little interdependence Order, it is important to establish the will generate no information about the value of the and lower than expected value, we amount of the minimum bid increment BTA service areas during the course of an auction, as the greater of a percentage and fixed and thus may not award BTA authorizations to the delegate authority to the Mass Media parties who value them the most. See Second Bureau and the Wireless dollar amount. This will ensure a timely Report and Order at 2362. Telecommunications Bureau to completion of the auction even if 39 A simultaneous auction for MDS will tend to bidding begins at a very low dollar raise more revenue than a sequential oral auction 40 Telephonic bidding should, in particular, be a amount. Id. at 2369. Accordingly, we for two reasons. First, it will increase the value of simple and inexpensive method for bidders to will impose a minimum bid increment the BTA service areas by facilitating efficient submit bids. If submitting bids by telephone, aggregation. Second, because it will provide more bidders may utilize the Internet to learn of the of some percentage of the high bid from information about the value of the BTA service round-by-round results of the auction; on-line the previous round or a fixed dollar areas, it will reduce the propensity of sophisticated services such as Compuserve provide Internet amount, whichever is greater, in MDS bidders to bid cautiously to avoid the ‘‘winner’s access at low cost. Bidders may also, at negligible auctions where simultaneous multiple curse’’—the tendency for the winner to be the cost, utilize a bulletin board service, accessible by bidder who most overestimates the value of the long distance telephone, from which auction results round bidding is used. We will item up for bid. can be downloaded to a personal computer. announce by public notice prior to the Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36539 MDS auction the specific bid increment they also create an incentive for bidders payments will be related to the value of that generally will be utilized. to hold back until prices approach the BTA service areas (see infra ¶ 103), 79. The Commission will also retain equilibrium before making a bid. As activity units will fulfill the same the flexibility to vary the minimum bid noted in the Second Report and Order, function that MHz-pops have fulfilled in increment during the course of the MDS this could lead to very long auctions. the previous PCS auctions. auction by announcement. We may, for See id. at 2371. Delaying serious 83. The Milgrom-Wilson activity rule example, begin the MDS auction with a bidding until late in an auction also provides a bidder’s minimum activity sizable minimum bid increment and reduces the information content of level, measured as a fraction of reduce the bid increment as the auction prices during the course of the auction. eligibility in the current round, will progresses. Starting with a sizable Without an activity rule, bidders cannot increase during the auction. A bidder minimum bid increment will move the know whether a low level of bidding on will be considered ‘‘active’’ on a BTA auction quickly at the beginning, when a particular market means that the service area in the current round if it is prices have limited informational market’s price is near its final level or either the higher bidder at the end of the content and there is little benefit to if instead many serious bidders are bid withdrawal period in the previous either bidders or the Commission of holding back and may bid up the price round, or if it submits a bid in the refined price movements, while later in the auction. When bidding current round which meets or exceeds allowing bidders to express small closes on a market-by-market basis, an the minimum valid bid (i.e., a bid that differences in valuation as the auction activity rule is less important. This is exceeds the high bid in the previous nears a close, increasing both efficiency because failure to bid on a given market round by at least the minimum bid and auction revenues. Small bid in any round may result in loss of the increment). A bidder’s activity level in increments also reduce the chances of opportunity to bid on that market, if that a round is the sum of the activity units ties. Where a tie occurs, the high bidder round turns out to be the last one for associated with the BTA service areas will be determined by the order in that market. on which the bidder is active. which the bids were received by the 82. In the Second Report and Order, 84. The minimum required bidding Commission. See Second Report and we adopted the three-stage Milgrom- activity levels for each stage of the MDS Order at 2369. Adjustments in the bid Wilson activity rule as our preferred auction are as follows. In each round of increment may be based in part on the activity rule when a simultaneous Stage One of the auction, a bidder who level of bidding activity. stopping rule is used. Id. at 2372. See wishes to maintain its current eligibly is 80. To gain the full benefit of the also Fifth Report and Order at 5553– required to be active on BTA service information generated by a 5556. We plan to employ this activity areas encompassing at least fifty percent simultaneous multiple round auction, rule in the MDS auction as well. Under of the activity units for which it is bidders will need some time between the Milgrom-Wilson activity rule, currently eligible. Failure to maintain bidding rounds to evaluate back-up bidders are required to declare their the requisite activity level will result in strategies and consult with their maximum eligibility in advance of the a reduction in the amount of activity principals. Prior to the MDS auction, we auction and make an upfront payment units associated with BTAs upon which will announce by public notice the proportional to that eligibility level. In a bidder will be eligible to be active in duration of bidding rounds for the the PCS auctions, activity and eligibility the next round of bidding (unless an auction. We also reserve the discretion are defined in terms of ‘‘MHz-pops.’’ activity rule waiver, as described below, during the course of the auction to vary, See, e.g., Fifth Report and Order at is used). During the first stage, if activity by public notice or announcement, the 5553–5554. Specifically, the number of is below the required minimum level, duration of bidding rounds or the MHz-pops associated with a PCS license eligibility in the next round will be interval at which bids are accepted. We is calculated by multiplying the calculated by multiplying the current expect to allow more time for the initial population of the license service area by round activity by two (2/1). Eligibility rounds in the MDS auction, while the amount of spectrum authorized by for each applicant in the first round of bidders familiarize themselves with the the license. We chose MHz-pops Stage One is determined by the amount bidding process, and then increase the because we anticipated that PCS license of the unfront payment received and the frequency of rounds as the auction values would be closely related to the BTAs identified in the applicant’s short- progresses. Thus, we should be able to number of MHz-pops in the license form application. In each round of Stage move the auction toward closure in a service areas. This choice ensures that Two, a bidder who wishes to maintain reasonable period of time.41 the measure of bidding activity used in its current eligibility is required to be 81. To ensure that a simultaneous the activity rule is highly correlated active on BTA service areas MDS auction with a simultaneous with license values. In the MDS auction, encompassing at least eighty percent of stopping rule closes within a reasonable bidding activity and eligibility will be the activity units for which it is eligible period of time and to increase the defined in terms of dollar values. The in that particular round. During the information conveyed by bid prices Commission will assign an ‘‘activity second stage, if activity is below the during the auction, we believe that it is unit’’ value to each BTA service area for required minimum level, eligibility in necessary to impose an activity rule to the purpose of measuring bidding the next round will be calculated by prevent bidders from waiting until the activity and eligibility. Specifically, the multiplying the current round activity end of the auction before participating. activity unit value for a BTA service by five-fourths (5/4). In each round of Because simultaneous stopping rules area will be equal to the upfront Stage Three, a bidder who wishes to generally keep all markets open for payment associated with that BTA maintain its current eligibility is bidding as long as anyone wishes to bid, service area. A bidder’s maximum required to be active on BTA service eligibility (which is also the bidder’s areas encompassing ninety-five percent 41 Given our estimates of the value of the BTA eligibility for the first round of the of the activity units for which it is service areas and the likely number of bidders, we auction) will be equal to its total upfront eligible in that particular round. In the expect to hold more frequent bidding rounds in the 42 MDS auction than we have in certain other payments. Because the upfront simultaneous multiple round actions, particularly upfront payment requirement will not have the broadband PCS. See Second Report and Order at 42 As explained in ¶ 105, however, a small number of its activity units decreased as a result of 2368. business bidder eligible for a reduction in its submitting a reduced upfront payment. 36540 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations final stage, if activity in the current bidder’s eligibility due to an accidental an activity rule less complex than the round is below ninety-five percent of act or circumstances not under the Milgrom-Wilson rule. See Second current eligibility, eligibility in the next bidder’s control. See Second Report and Report and Order at 2372; Fifth Report round will be calculated by multiplying Order at 2372. and Order at 5556. We will announce by the current round activity by twenty- 88. In MDS auctions, bidders will be public notice before the MDS auction nineteenths (20/19). provided five activity rule waivers that the activity rule that will be employed 85. In the PCS auction, we specified may be used in any round during the in that particular auction. transition guidelines for deciding when course of the auction. See Second 91. We noted in the Second Report the auction would move from Stage One Report and Order at 2373. If a bidder’s and Order that, with multiple round to Stage Two to Stage Three. Those activity level is below the required auctions, a stopping rule must be guidelines are based on the ‘‘auction activity level, a waiver will established for determining when the activity level,’’ the sum of the MHz-pops automatically be applied. That is, if a auction is over. Id. at 2369. In an MDS of PCS licenses for which the high bid bidder fails to submit a bid in a round, simultaneous multiple round auction, increased in the current round as a and its activity level from any standing bidding could close separately on percentage of the total MHz-pops of all high bids (high bids at the end of the bid individual BTA service areas, licenses offered in the auction. See, e.g., withdrawal period in the previous simultaneously on all BTA service Fifth Report and Order at 5555. round) falls below its required activity areas, or a hybrid approach could be However, we also retained the level, a waiver will be automatically used. Under an individual approach, discretion to move the PCS auctions applied. A waiver will preserve current bidding would close on each BTA from one stage to another at a rate eligibility in the next round. An activity service area after one round passed in different from that set out in the rule waiver applies to an entire round which no new acceptable bids were guidelines. See Fourth Memorandum of bidding and not to a particular BTA submitted for that particular service Opinion and Order in PP Docket No. service area. Bidders will be afforded an area. With a simultaneous stopping rule, 93–253, 9 FCC Rcd 6858, 6860 (1994), opportunity to override the automatic bidding would remain open on all BTA 59 Fed. Reg. 53364 (Oct. 24, 1994). waiver mechanism when they place a service areas until there was no new 86. For the MDS auction, we shall bid if they intentionally wish to reduce acceptable bid on any service area. This employ an analogous procedure. The their bidding eligibility and do not want approach would have the advantage of ‘‘auction activity level’’ for a given to use a waiver to retain their eligibility providing bidders full flexibility to bid round of the MDS auction will be at its current level. See Fourth for any BTA service area as more defined as the sum of the activity units Memorandum Opinion and Order in PP information became available during the associated with the BTA service areas Docket No. 93–253, 9 FCC Rcd 6858, course of the MDS auction, but it could for which the high bid increases in that 6861 (1994), 59 Fed. Reg. 53364 (Oct. lead to a very long auction, unless an round, divided by the sum of activity 24, 1994). If a bidder overrides the activity rule were imposed. See id. at units associated with all of the BTAs automatic waiver mechanism, its 2370. A hybrid approach would being auctioned. The following eligibility will be permanently reduced combine the individual and the transition guidelines apply. The MDS (according to the formulas specified in simultaneous approaches.44 auction will begin in Stage One and ¶84), and it will not be permitted to 92. For MDS auctions, we intend to move from Stage One to Stage Two regain its bidding eligibility from a utilize a simultaneous stopping rule, as when the auction activity level is below previous round. An automatic waiver we have successfully used in previous ten percent for three consecutive rounds invoked in a round in which there are simultaneous multiple round auctions. in Stage One. The auction will move no new valid bids will not keep the Bidding will accordingly remain open from Stage Two to Stage Three when the auction open. Bidders will have the on all BTA service areas until bidding auction activity level is below five option of pro-actively entering an stops on every BTA service area. The percent for three consecutive rounds in activity rule waiver during the bid auction will close after one round Stage Two. In no case can the auction submission period.43 If a bidder submits passes in which no new valid bids or revert to an earlier stage. The a proactive waiver in a round in which proactive waivers are submitted. The Commission retains the discretion to no other bidding activity occurs, the Commission retains the discretion, determine and announce during the auction will remain open. however, to keep the MDS auction open course of an MDS auction when, and if, 89. The Commission retains the even if no new valid bids and no to move from one auction stage to the discretion to issue additional waivers proactive waivers are submitted. In the next, based on a variety of measures of during the course of an auction for event that the Commission exercises bidder activity, including, but not circumstances beyond a bidder’s this discretion, the effect will be the limited to, the auction activity level as control. We also retain the flexibility to same as if a bidder had submitted a 45 defined above, the percentage of BTA adjust prior to an auction the number of proactive waiver. Since we are also service areas on which there are new waivers permitted, or to institute a rule imposing an activity rule (as discussed bids, the percentage of activity units on that allows one waiver during a which there are new bids, the number 44 For example, in a hybrid approach, we could specified number of bidding rounds or use a simultaneous stopping rule (along with an of new bids, and the percentage increase during specified stages of the auction. in revenue. activity rule designed to expedite closure) for See Second Report and Order at 2373. higher valued BTA service areas. For lower valued 87. To avoid the consequences of We will announce by public notice BTA service areas, where the loss from eliminating clerical errors and to compensate for some back-up strategies would be less, bidding on before the MDS auction the number of unusual circumstances that might delay BTAs could be allowed to close individually. See waivers that will be allowed in that Second Report and Order at 2370. a bidder’s bid preparation or submission particular auction. 45 This will help ensure that the MDS auction is in a particular round, we will provide 90. As with other auctions, we reserve completed within a reasonable period of time, bidders with a limited number of the right to impose for the MDS auction because it will enable the Commission to utilize waivers of the above-described activity larger bid increments, which speed the pace of the rule. We believe that some waiver auction, without risking premature closing of the 43 Thus, a ‘‘proactive’’ waiver, as distinguished auction. See Memorandum Opinion and Order in procedure is needed because the from the automatic waiver described above, is one PP Docket No. 93–253, 9 FCC Rcd 7684, 7685 Commission does not wish to reduce a requested by the bidder. (1994), 59 Fed. Reg. 64159 (Dec. 13, 1994). Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36541 above), we believe allowing will not lose a BTA authorization MDS initial applications the procedural simultaneous closing for all BTA service without having an opportunity to make and payment rules established in the areas will afford bidders flexibility to a counter-offer.46 This reduces the Second and Report and Order and set purse back-up strategies without uncertainty associated with aggregating forth at 47 CFR Chapter I, Part 1, running the risk that bidders will refrain BTA authorizations (such as those for Subpart Q, with modifications to fit from bidding until the final rounds. We adjacent BTAs) that may be worth more MDS. Certain procedural details will be also believe that a simultaneous as a group than individually. If final supplied later by public notices. Our stopping rule will best enable bidders to bids are accepted on all BTA service objective has been to design rules and take account of any interdependencies areas, a high bidder on an aggregation of procedures that will reduce that exit between BTA authorizations BTA service areas may unexpectedly administrative burdens and costs on (especially authorizations for adjacent lose a significant part of the aggregation bidders and the Commission, ensure areas) and will allow bidders to make and have no chance to regain it except that bidders and licensees are qualified the most informed bidding decisions. in the post-auction market, where and able to construct their systems, and Thus, simultaneously closing bidding bargaining or other transaction costs minimize the potential for delay of on BTA service areas will most likely may be high. service to the public. See 47 U.S.C. award licenses to the bidders who value 95. The Commission does not intend 309(j)(3)(A) (in designing auction rules, them most highly. See Second Report to exercise this option except in extreme Commission should seek to promote and Order at 2370. circumstances, such as where the MDS development and rapid deployment of 93. Additionally, the Commission auction is proceeding very slowly, there products and services for public benefit, may also declare at any time after forty is minimal overall bidding activity, and without administrative or judicial rounds that the MDS auction will end it appears unlikely that the auction will delays). after a specified number of additional close within a reasonable period of time. 98. Before an MDS auction, the rounds. If the Commission invokes this Before exercising this option, however, Commission, or, pursuant to delegated stopping rule, it will accept bids in the the Commission would first attempt to authority, the Mass Media Bureau, in final round(s) only for BTA service areas increase the pace of the auction by conjunction with the Wireless on which the high bid increased in at announcing that the auction will more Telecommunications Bureau, will least one of the proceeding three into the next stage, where bidders release public notices concerning the rounds. See Second Report and Order at would be required to maintain a higher auction. The public notices will specify 2370 n.106. Stopping the MDS auction level of bidding activity. Under these the BTA service areas to be auctioned, after a specified number of additional circumstances, the Commission may the filing deadline for short-form rounds will ensure ultimate also first increase the number of bidding applications, and the time, place and Commission control over the duration of rounds per day an increase the amount method of competitive bidding to be the action. See id. Thus, the of the minimum bid increments for used, as well as applicable bid Commission will have the means to those limited number of BTA service submission and payment procedures. 99. Applicants will be required to prevent bidders from continuing to bid areas where there is still a high level of submit short-form applications by the on a few BTA service areas (or even a bidding activity. date specified by public notice. single service area) solely to delay the 96. Additionally, because of the large Applicants should file a short-form closing of bidding for all BTA service number of BTA service areas to be application identifying all BTA service areas in an MDS auction with a auctioned at once, we will retain the simultaneous stopping rule. This will areas specified by the public notice in discretion either to use a hybrid also ensure that the Commission can which they are interested in bidding.47 stopping rule to allow bidding to close end the MDS auction if it determines If the Commission receives only one individually for these service areas if, as that the benefits from ending the application that is acceptable for filing we gain more experience with auctions, auction, and hence granting BTA for the same BTA service area and thus we determine that simultaneous authorizations more rapidly, exceed the there is no mutual exclusivity,48 the stopping rules are too complex to possible efficiency loss from cutting off Commission will by public notice implement for very large numbers of bidding on a few BTA service areas. If cancel the auction for this BTA service service areas. The specific stopping rule we exercise this option, we favor the use area and establish a date for the filing for ending bidding on the BTA service of three final rounds. Allowing more of either an initial long-form application than one additional round provides areas will be announced by public for an MDS station license or, for a some opportunity for counter-offers, notice prior to the MDS auction. heavily encumbered BTA, a statement of thus reducing the risk that a BTA 5. Procedural and Payment Issues intention with regard to the BTA.49 authorization will not be awarded to the 100. To encourage maximum bidder 97. Pre-Auction Application party that values it most highly. participation, we will provide 94. If this fail-safe mechanism is used Procedures. The Second Report and applicants whose short-form in an MDS auction, there are two Order established general rules and applications are substantially complete, reasons not to take bids on BTA service procedures for participating in auctions. but which contain minor errors or areas on which there has been no recent Again, however, we noted that these defects, with an opportunity to correct bidding. First, the fact that bidding on might be modified on a service-specific an individual BTA service area may basis. As described below, we have 47 As described in detail below, the short-form close will provide an additional determined that we will follow for new applications must also include an exhibit incentive to bid actively and thus speed identifying any bidding consortia or other 46 Either the MDS auction will close only when arrangements relating to the BTA service areas the conclusion of the MDS auction. If bidding ceases on all BTA service areas, so the high being auctioned. See infra ¶ 129. bids are accepted on all BTA service bidder will have an opportunity to respond to any 48 Absent mutually exclusive applications, the areas in the final round(s) there is less new bids, or the Commission will call for final bids Commission is prohibited from conducting an risk to a bidder in holding back. Second, but not accept new bids on BTA service areas on auction. See 47 U.S.C. § 309(j)(1). which there have been no new bids in the previous 49 See infra ¶¶ 116–120, for the procedures for closing bidding on BTA service areas for three rounds, so no other bidder will have the filing either a long-form application for a station which activity has ceased ensures high opportunity to outbid the high bidder in a final license or a statement of intention with regard to bidders for those service areas that they round. the BTA. 36542 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations their applications prior to the auction. and disqualification payments assessed. 105. A prospective bidder in the MDS However, applicants will not be See Second Report and Order at 2378– auction that claims status as a small permitted to make any major 2379. Therefore, we will require an business, as defined in ¶ 153, will be modifications to their applications; for upfront payment for the MDS auction. eligible for a twenty-five percent MDS, we classify all amendments to 103. We believe the upfront payment reduction in its upfront payment short-forms as major, except those to should bear a relation to the value of the requirements. See infra ¶¶ 148–149 for correct minor errors or defects, such as BTA authorizations that a bidder hopes a discussion of the reduced upfront typographical errors, or those to reflect to be awarded. We accordingly delegate payments measure. A small business ownership changes or formation of to the Mass Media Bureau and the eligible for this reduction in its upfront bidding consortia specifically permitted Wireless Telecommunications Bureau payment will not have the number of its under the anti-collusion rules set forth the authority to determine an activity units decreased as a result of below. See infra ¶ 130. We note in appropriate upfront payment for each submitting a reduced upfront particular that a change in control of an BTA service area being auctioned, payment.51 applicant or a change in the BTAs upon taking into account, at the Bureaus’ 106. Applicants identified by public which an applicant wishes to bid will discretion, such factors as the notice as those whose applications have be regarded as a major amendment to population and the approximate amount been accepted for filing will be required the short-form application. In addition, of usable spectrum in each BTA. to submit their upfront payments to the applications that are not signed in any Bearing in mind the uncertainties Commission’s lock-box bank by the date manner or form, including by electronic associated with valuing the BTA specified in the public notice, which means, or that fail to make the requisite authorizations, we expect that the generally will be no later than fourteen certifications will be dismissed and may Bureaus will follow the guidelines laid days before the scheduled auction. not be resubmitted. See Second Report out in the Second Report and Order and Upfront payments may be made by wire and Order at 2377; 47 CFR 1.2105(b). establish upfront payments equal to transfer or by cashier’s check drawn in 101. After reviewing the short-form around five percent of the expected U.S. dollars from a financial institution applications, the Commission will issue amounts of winning bids for the various whose deposits are insured by the another public notice listing all BTA service areas. See id. at 2378–2379. Federal Deposit Insurance Corporation applications containing minor defects, In no event will the upfront payment for and must be made payable to the and applicants will be given an any BTA service area be less than Federal Communications Commission. opportunity to cure and resubmit $2500, the minimum suggested in the All payments, including upfront, down defective applications. On the date set Second Report and Order, and we retain and final payments, should be for submission of corrected the flexibility for the Bureaus to modify accompanied by FCC Form 159 applications, applicants who on their this minimum if we find that a higher (remittance advice form). After the own discover minor errors in their amount would better deter speculative Commission receives from its lock-box applications, such as typographical filings. Id. at 2379. bank the names of all applicants who errors, also will be permitted to file 104. Prior to the MDS auction, the have submitted timely upfront corrected applications. Following a Mass Media Bureau, in conjunction payments, the Commission will issue a review of the corrected applications, the with the Wireless Telecommunications public notice announcing the names of Commission will release another public Bureau, will public a public notice all applicants that have been notice announcing the names of all listing the upfront payment amounts determined to be qualified to bid in the applicants whose applications have corresponding to each BTA service area MDS auction. Any applicant who fails been accepted for filing. Applicants to be auctioned. The number of activity to submit a sufficient upfront payment identified in this public notice will then units associated with a BTA service area to qualify it to bid on any BTA service be required to submit the full amount of (see ¶ 82) equals the amount of the area being auctioned will not be their upfront payment. See Second upfront payment for the BTA. A identified on this public notice as a Report and Order at 2377. prospective bidder must submit an qualified bidder, will be prohibited from 102. Upfront Payments. In the generic upfront payment equal to the largest auction rules, we described five types of combination of activity units on which on five BTAs with 20,000 activity units each, on ten payments: upfront payments, down the bidder anticipates being active in BTAs with 10,000 activity units each, or on any payments, final payments, bid any single round. The combination of combination of BTA service areas for which the sum of associated activity units totals 100,000 or withdrawal payments, and default and activity units on which a bidder is less. As set forth above, a bidder is ‘‘active’’ on a disqualification payments. Given the active in a round equals the sum of the BTA service area if it is either the high bidder on history of speculators filing MDS activity units associated with the BTAs that BTA from the previous round (at the end of the applications, we believe a substantial on which the bidder has submitted a bid withdrawal period), or if it submits a bid on that BTA in the current round which exceeds the upfront payment is needed for MDS bid, or on which the bidder is the previous round’s high bid by at least the minimum auctions to discourage speculative standing high bidder. Although a bidder bid increment. See supra ¶ 83. Thus, a bidder who bidding and increase the likelihood of may file applications for every BTA begins the auction eligible to bid (based on the applicants who intend to provide service area being auctioned, the total magnitude of its upfront payment) on BTA service service to the public obtaining the areas associated with 100,000 activity units and upfront payment submitted by each who, in the first round, is the high bidder on a BTA remaining available MDS channels. applicant will determine the service area associated with 50,000 activity units, Requiring a substantial upfront payment combinations of BTA service areas on may only, in the second round, submit new bids on provides some degree of assurance that which the applicant will actually be a combination of BTAs associated with 50,000 or only serious, qualified bidders will fewer activity units. permitted to be active in any single 51 50 For example, if a small business applicant is participate and serves as a deterrent to round of bidding. interested in bidding on a BTA with an upfront the filing of speculative applications, payment of $100,000, it would be required, under which may delay the provision of 50 Consider, for example, an applicant that the reduced upfront payment measure, to submit service to the public. The upfront submits a $100,000 total upfront payment. As only $75,000 to qualify to bid on that BTA. This explained above at ¶ 82, the maximum number of applicant would still, however, receive 100,000 payments will also provide the activity units for that applicant is 100,000. In any activity units—the number of activity units Commission with a source of funds to single round, the applicant could be active on two equivalent to the full upfront payment amount satisfy any bid withdrawal or default BTA service areas with 50,000 activity units each, associated with that BTA. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36543 bidding in the MDS auction, and its which case it will be returned, less after the auction has closed. Id. at 2373– application will be dismissed. See applicable default payments. During the 2374. Second Report and Order at 2377; 47 period that deposits are held pending 112. In an MDS simultaneous CFR 1.2106. ultimate award of the BTA multiple round auction, any bidder who 107. The upfront payments submitted authorization, the interest that accrues, withdraws a high bid during an auction by prospective bidders will later be if any, will be retained by the before the Commission declares bidding counted toward the down payments that government. See Second Report and closed will be required to reimburse the winning bidders must make. The Order at 2381–2382; 47 CFR 1.2107(b). Commission in the amount of the upfront payments of bidders who are 109. Based upon our experience in difference between its high bid and the not the high bidder on any BTA service conducting spectrum auctions, we will amount of the winning bid the next time area will be refunded as soon as require winning bidders to make full the BTA service area is offered by the possible after the MDS auction. Prior to payment of the balance of their winning Commission, if this subsequent winning refunding the upfront payments of non- bids prior to the issuance of their BTA bid is lower than the withdrawn bid.52 winning bidders, however, we will authorizations. Specifically, the No withdrawal payment will be determine whether they are subject to Commission will, when a BTA assessed if the subsequent winning bid withdrawal or default payments. In authorization is ready to be issued, exceeds the withdrawn bid. After some circumstances, it may be release a public notice stating that fact. bidding closes, a defaulting auction appropriate to retain upfront payments The auction winner for that BTA will be winner (i.e., a winner who fails to remit until after the winning bidders have required to make full payment of the the required down payment within the tendered their down payments because balance of its winning bid within five prescribed time, fails to submit a long- further rounds of competitive bidding business days following this public form application or statement of may be held if down payments are not notice. The Commission will issue the intention, fails to make full payment, or made. No interest will be paid on BTA authorization to the auction is otherwise disqualified) will be subject upfront payments. See Second Report winner within ten business days to an additional payment of three and Order at 2380. following notification of receipt of full percent of the subsequent winning bid 108. Down Payments and Full payment. See Second Report and Order or three percent of the amount of the Payments. To provide further assurance and Second Further Notice of Proposed defaulting bid, whichever is less. See 47 that winning bidders will be able to pay Rulemaking in PR Docket No. 89–553, CFR 1.2104(g) and 1.2109; Second the full amount of their bids, we PP Docket No. 93–253, and GN Docket Report and Order at 2373–2374. The decided generally in the Second Report No. 93–252, FCC 95–159 (released April additional three percent payment is and Order that each winning bidder 17, 1995), 60 Fed. Reg. 21987 (May 4, designed to encourage bidders who must tender a down payment sufficient 1995), at ¶ 109. wish to withdraw their bids to do so to bring the total deposit up to twenty before bidding ceases. We will hold percent of the winning bid. We believe 110. Auction winners that are small businesses eligible for installment deposits made by defaulting or a down payment requirement is disqualified auction winners until full appropriate for MDS. Accordingly, financing will be subject to differing payment requirements, however. See payment of these amounts. In rare cases winning bidders will be required to in which it would be inequitable to supplement their upfront payments to infra ¶¶ 153–154 for discussion of small business eligibility. Specifically, a small retain a down payment, we will bring their total deposit with the entertain requests for waiver of this Commission up to at least twenty business will be required to bring its total deposit with the Commission up to provision. We believe that these percent of the final payment due for the payment requirements will discourage BTA authorization(s) won in the MDS ten percent of its winning bid within five business days after having been insincere bidding and default and auction. If the upfront payment already ensure that bidders have adequate tendered amounts to twenty percent or notified by the Commission of its winning bidder status. An additional financing and that they meet all more of the winning bid, no additional eligibility and qualification deposit will be required. To the extent ten percent will be due within five business days following the public requirements. that any upfront payment not only 113. In addition, ‘‘if a default or notice that its BTA authorization is covers, but exceeds, the required down disqualification involves gross ready to be issued. The Commission payment, the Commission will refund misconduct, misrepresentation or bad any excess amount after determining will then issue the BTA authorization to the small business within ten business that no bid withdrawal payments are 52 If a BTA service area is re-offered by auction, owed by the bidder. To simplify this days following notification of receipt of the ‘‘winning bid’’ refers to the high bid in the process administratively, the this additional ten percent payment. auction in which the service area is re-offered. If a Commission will not honor requests 111. Bid Withdrawal, Default and BTA service area is re-offered in the same auction, the winning bid refers to the high bid amount, made that this excess amount be retained and Disqualification Payments. In the subsequent to the withdrawal, in that auction. If the applied toward later payments or Second Report and Order, we concluded subsequent high bidder also withdraws its bid, that obligations. The down payment will be that strong incentives are needed to bidder will be required to pay an amount equal to due within five business days after the ensure that potential bidders are the difference between its withdrawn bid and the amount of the subsequent winning bid the next winning bidders have been notified by financially and otherwise qualified to time the BTA service area is offered by the the Commission, and may be made by participate in auction proceedings, so as Commission. If a BTA service area which is the cashier’s check or by wire transfer to the to avoid delays in the deployment of subject of withdrawal or default is not re-auctioned, Commission’s lock-box bank. The down new services to the public. Id. at 2382. but is instead offered to the highest losing bidders in the initial auction, the ‘‘winning bid’’ refers to payment will be held by the We accordingly stated that we will, in the bid of the highest bidder who accepts the offer. Commission until the winning bidder simultaneous multiple round auctions, Losing bidders will not be required to accept the has been issued its BTA authorization impose a bid withdrawal payment offer. We wish to encourage losing bidders in MDS and has paid the remaining balance of requirement in instances where a high simultaneous multiple round auctions to bid on other BTA service areas, and therefore we will not its winning bid, or until the winning bid is withdrawn during the course of hold them to their losing bids on a service area for bidder is found unqualified to be a the auction and an additional default which a bidder has withdrawn a bid or on which station license or has defaulted, in payment if a winning bid is withdrawn a bidder has defaulted. 36544 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations faith by an applicant, the Commission opportunity to file applications. One of entity.54 If the long-form application is also may declare the applicant and its our primary goals in conducting found to be acceptable, the Commission principals ineligible to bid in future auctions is to assure that all serious will release a public notice announcing auctions, and may take any other action interested bidders are in the pool of this fact, triggering the thirty day filing that it may deem necessary, including qualified bidders at any re-auction. We window for petitions to deny. If the institution of proceedings to revoke any believe that allowing new applications Commission denies or dismisses all existing licenses held by the applicant.’’ will facilitate achieving this goal, and petitions to deny (if any are filed), and Second Report and Order at 2383. that the short delay that may result from is otherwise satisfied that the applicant Parties who obtain their BTA allowing new applications in a re- is qualified, the BTA authorization will authorizations through the auction auction is warranted. Indeed, if we were be issued and the initial conditional process are put on notice that if their not to allow new applicants in a re- MDS station license within the BTA BTA authorizations are cancelled for auction, interested parties might be service area of the auction winner will any reason they will lose all monies forced into an after-market transaction be granted, assuming that the auction paid to the Commission regarding those to obtabtain the BTA authorizations, winner (except for a small business authorizations. This loss of monies paid which would itself delay service to the making installment payments) has made is not intended as an exclusive remedy. public and may prevent the public from full payment as set forth in ¶ 109. See Where such BTA holder’s conduct so recovering a reasonable portion of the Second Report and Order at 2383; 47 warrants, additional sanctions, C.F.R. §§ 1.2107(c), 1.2108. Subsequent value of the spectrum resource. See including monetary fines and station long-form applications for MDS station Second Report and Order at 2384; 47 license revocation, may be imposed. licenses within BTA service areas, CFR 1.2109(c). 114. In the event that an MDS auction which auction winners may submit at winner defaults or is otherwise 116. Post-Auction Application any time during the five year build-out disqualified, the Commission must Procedures. Unlike other services where period, will be reviewed by the determine whether to hold a new auction winners may file a single long- Commission and granted in a similar auction or simply offer the BTA service form application to obtain a single manner, except, of course, that the area to the second-highest bidder. As we license for the entire geographic area winning bidders will need to make no stated in the Second Report and Order, auctioned, the winning bidder for each further payments. we believe that, as a general rule, when BTA service area will be required, in 118. However, we realize that a an auction winner defaults or is accordance with our existing rules, to number of BTA service areas may be so otherwise disqualified after having submit separate long-form applications encumbered that the winning bidder for made the required down payment, the for each channel group and location such a BTA may be unable to file a long- best course of action is to re-auction the within the BTA for which the bidder form application proposing another BTA service area. Id. at 2383. Although wants to obtain an MDS station license. MDS station within the BTA while we recognize that this may cause a brief The winning bidder for each BTA meeting the Commission’s interference delay in the initiation of service to the service area will therefore be required to standards as to all previously authorized public, circumstances may change so submit a separate long-form application or proposed MDS and ITFS facilities. significantly during the time between for each Channel E group, for each The winning bidder’s objective in the original auction and the Channel F group, and for each Channel bidding on such a heavily encumbered disqualification as to alter the value of 1, 2 (or 2A), H1, H2, and H3 within the BTA would likely be to purchase the the BTA service area to auction BTA for which the winning bidder previously authorized or proposed MDS participants, as well as to parties who wishes to receive a license. stations within the BTA and to maintain did not participate. In this situation, full flexibility to make modifications. It awarding BTA authorizations to the 117. The long-form application for the also seems likely that a winning bidder parties that value them most highly can initial MDS station license within each for a heavily encumbered BTA may best be assured through a re-auction. If, BTA service area will be due from the itself possess most or all of the however, the default occurs within five winning bidder for that BTA within previously authorized or proposed MDS business days after the bidding has thirty business days after such bidder stations within that BTA, and the closed, the Commission retains the has been notified of its winning bidder bidder’s goal in obtaining the 53 discretion to offer the BTA service area status. After the Commission receives authorization for the BTA in which it to the second highest bidder at its final the winning bidder’s down payment already had MDS stations would bid level, or if that bidder declines the and the long-form application for the similarly be to preserve full flexibility to offer, to offer the BTA service area to initial MDS station license within the make modifications. The winning other bidders (in descending order of BTA, we will review the long-form bidder for a BTA service area so heavily their bid amount) at the final bid levels. application, which must include, among encumbered that it believes it cannot Moreover, if only a small number of other items, a FCC Form 430 and file an acceptable long-form application relatively low value BTA service areas exhibits concerning the winning proposing an MDS station with average are to be re-auctioned and only a short bidder’s involvement in bidding transmitted power within its BTA time has passed since the initial consortia and status as a designated should follow the post-auction auction, the Commission may choose to procedures set forth below. offer the BTA service areas to the 53 We realize that other services have generally 119. After notification of its status as highest losing bidders because the cost required the filing of long-form applications within a winning bidder for a heavily of holding another auction for MDS may ten days of notification of the winning bidders. However, given the need for MDS auction winners encumbered BTA service area, the exceed the benefits. See id.; 47 CFR to protect all previously authorized or proposed bidder must make its down payment 1.2109 (b) and (c). MDS and ITFS facilities within their BTA service within five business days in the normal 115. If a new MDS auction becomes areas from harmful interference, we believe that manner. Within thirty business days necessary because of default or such winning bidders will likely require a longer period of time to complete the requisite engineering after notification of its winning bidder disqualification more than five business studies and interference analyses before filing their days after bidding has ended, the initial long-form applications for MDS station 54 The content of these exhibits is set forth in Commission will afford new parties an licenses. Section 21.956(b) of our amended rules. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36545 status, the winning bidder must file regardless of when these licenses are Commission will be able to easily with the Commission, in lieu of a long- awarded. Because MDS station licenses process those licenses and to deal more form application for an MDS station as a class are due to expire on this set expeditiously with their renewal. In license, a statement of intention with date, an MDS licensee who receives its accordance with Section 21.45(a), we regard to the BTA service area, showing station license on, for example, May 1, hereby specify that all MDS station the encumbered nature of the BTA, 1996 would in effect have the license for licenses granted in every BTA service identifying the incumbents, and only five years before the licensee must area auctioned will have ten year terms describing in detail its plan for apply for renewal. from the date that the Commission obtaining the previously authorized or 122. For the reasons set forth herein, declares bidding in the MDS auction proposed MDS stations within the BTA. we believe that MDS auction winners closed. We do not intend to force winning should not be subject to the fixed MDS 6. Regulatory Safeguards bidders to file long-form applications for station license renewal cycle which, MDS station licenses in BTAs so under existing rules, will expire on May 124. Unjust Enrichment and Anti- encumbered that the only proposed 1, 2001, only five years or so from the Trafficking Provisions. Congress station to not cause harmful interference time that any auction winner could directed that we take steps to prevent to incumbents would, for example, be a expect to receive its initial station unjust enrichment due to trafficking in facility with a one watt transmitter and license in its BTA service area. We licenses that were obtained through a highly directional antenna, serving no believe all winning bidders in the MDS competitive bidding. See 47 U.S.C. significant population. Winning bidders auction should be assured of receiving 309(j)(4)(E). In Section 7 below, we must, however, document in their station licenses of a duration sufficient adopt specific rules to prevent statements of intention that additional so that they may have a reasonable designated entities from taking MDS stations with average transmitted period of time to construct their systems advantage of special provisions for such power could not be constructed in their and earn a return on the amounts they entities by transferring control of their BTAs without causing harmful invested in acquiring the BTA BTA authorizations immediately interference to previously authorized or authorizations and MDS station licenses following the MDS auction. Moreover, proposed MDS and ITFS facilities. If a by competitive bidding. In addition, we the MDS rules already contain winning bidder fails to file either this realize that bidders who must arrange provisions to reduce trafficking. See 47 statement of intention or a long-form financing will need to assure lenders CFR 21.39 (generally prohibiting application within the thirty day period, that they will have possession of their assignment or transfer of MDS it will be in default and will be subject MDS station licenses for a reasonably conditional station licenses prior to to the appropriate default payments. lengthy period of time. We therefore completion of construction of facility). The statement of intention should also determine that all MDS station licenses These existing anti-trafficking include a FCC Form 430, a drug granted in every BTA service area provisions will continue to apply to certification, and the same exhibits auctioned should be for a ten year MDS conditional station licenses concerning the winning bidder’s period (the maximum specified in granted prior to the institution of involvement in bidding consortia and Section 21.45(a)) to run from the date competitive bidding procedures. status as a designated entity that must that the Commission declares bidding in Consistent with the Second Report and be attached to initial long-form the MDS auction to be closed. Order, however, the existing MDS- applications. See supra ¶ 117. 123. We conclude that awarding MDS specific anti-trafficking provisions will 120. The Commission will, following station licenses with definite ten year not apply to BTA authorizations and its review of the winning bidder’s terms, rather than much briefer, MDS conditional station licenses statement of intention, issue the BTA indeterminate terms dependent on granted within auctioned BTA service authorization to the winning bidder. when the license is granted, serves both areas. Such issuance of the BTA authorization prospective bidders and the 125. With regard to BTA will, of course, be made only following Commission well. As described above, authorizations obtained by auction full payment by the winning bidder as the set ten year period is of sufficient outside of the designated entity context, set forth in ¶ 109, except for a small certainty and length to be fair to parties an applicant seeking approval for an business making installment payments. who must now pay considerable sums, assignment or transfer of control of a Parties wishing to comment on or and perhaps obtain outside financing, in BTA authorization within three years of oppose the issuance of a BTA order to acquire BTA authorizations and receipt of such authorization by means authorization issued in connection with MDS station licenses. In addition, we of competitive bidding must, together the filing of a statement of intention by note that granting MDS station licenses with its assignment or transfer a winning bidder must do so prior to the with set ten year terms will allow small application, file with the Commission a Commission’s issuance of the BTA businesses eligible for installment statement indicating that its authorization. financing to make payments over a authorization was obtained through 121. Period of MDS Station Licenses. period comparable to the length of their competitive bidding. Such applicant Under the Commission’s rules, licenses initial station licenses. Furthermore, must also file with the Commission the for MDS stations are to be ‘‘issued for specifying that MDS licenses for stations associated contracts for sale, option a period not to exceed 10 years.’’ 47 CFR located in BTA service areas acquired agreements, management agreements, or 21.45(a). ‘‘Unless otherwise specified by by competitive bidding will be for ten other documents disclosing the total the Commission,’’ the expiration of year terms dated from the close of consideration received in return for the MDS station licenses as a class is, bidding in the MDS auction, rather than assignment or transfer of the however, set on a single date (May 1) from the actual date of issuance of each authorization. We will give particular ‘‘in the year of expiration’’ (i.e., the year individual station license, will be scrutiny to auction winners who have which is ten years from the last administratively convenient for the not yet begun commercial service expiration date of the class of MDS Commission. Because all MDS station within their BTA service areas and who licenses, which was 1991). Id. Thus, the licenses granted within BTA service seek approval for an assignment or current term for all MDS station licenses areas acquired by competitive bidding transfer of control of their as a class will expire on May 1, 2001, will expire on the same date, the authorizations within three years after 36546 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations the receipt of such authorizations, in objectives of the Budget Act by BTA service areas. A holder of a non- order to determine if any unforeseen preventing parties, especially larger controlling attributable interest in an problems relating to unjust enrichment firms, from agreeing in advance to entity submitting a short-form have arisen outside the designated bidding strategies that might divide the application may also, following the entity context. See Second Report and market according to their strategic filing of the short-form application and Order at 2385–2386; 47 CFR 1.2111(a). interests and to the disadvantage of under certain conditions specified in 47 126. Construction Build-out other bidders. Such rules could also CFR 1.2105(c)(4), acquire an ownership Requirements. Congress has directed strengthen confidence in the bidding interest in, form a consortium with, or that the Commission, in implementing process. Second Report and Order at enter into a joint bidding arrangement auction procedures, ‘‘include 2386. These rules apply to all with, other applicants for the same BTA performance requirements, such as auctionable services, including MDS. service areas. To reflect these changes in appropriate deadlines and penalties for Applicants are required to identify in an ownership or in the membership of performance failures, to ensure prompt exhibit to their short-form applications consortia or joint bidding arrangements, delivery of service to rural areas, to any parties with whom they have applicants must amend their short-form prevent stockpiling or warehousing of entered into any consortium applications by submitting a revised spectrum by licensees or permittees, arrangements, joint ventures, short-form, filed within two business and to promote investment in and rapid partnerships or other agreements or days of any such change; such deployment of new technologies and understandings which relate to the BTA modifications will not be considered services.’’ 47 U.S.C. 309(j)(4)(B). In the service areas being auctioned. major amendments of the applications. Second Report and Order, we decided Applicants are also required to certify However, any amendment which results that it was generally unnecessary to that they have not entered into any in the change of control of an applicant impose additional construction build- explicit or implicit agreements, will be considered a major amendment out or other performance requirements arrangements or understandings with of the short-form. See supra ¶100; 47 for auctionable services beyond those any parties, other than those identified, CFR 1.2105(c)(2), (3) and (4); Second already provided in service rules. Id. at regarding the amount of their bid, Memorandum Opinion and Order at 2386. However, following a review of bidding strategies or the particular BTA 7254; Memorandum Opinion and Order our existing MDS rules, we determined service areas on which they will or will in PP Docket No. 93–253, 9 FCC Rcd to alter the construction requirements not bid. See 47 CFR 1.2105(a)(2)(viii) 7684, 7688–7689 (1994), 59 Fed. Reg. that will be applicable to the holders of and (ix). Except as otherwise provided 64159 (Dec. 13, 1994). Finally the BTA authorizations obtained by in ¶130, after the short-form winning bidder for each BTA service competitive bidding. applications are filed and prior to the area must, as an exhibit to its initial 127. Our current rules require the time the winning bidder has made its long-form application or statement of completion of construction of MDS required down payment, all applicants intention, explain the terms and stations within twelve months from the are prohibited from cooperating, conditions and parties involved in any date of the conditional station license collaborating, discussing or disclosing bidding consortia, joint venture, grant. 47 CFR 21.43. We will continue in any manner the substance of their partnership or other agreement it had to apply this existing requirement to bids or bidding strategies, or discussing entered into relating to the competitive MDS conditional station licenses settlement agreements, with other bidding process prior to the time granted prior to the institution of applicants, unless such applicants are bidding was completed. See 47 CFR competitive bidding procedures. We members of a bidding consortium or 1.2107(d). will not, however, apply this twelve 131. Where specific instances of other joint bidding arrangement month construction requirement to MDS collusion in the competitive bidding identified on the applicants’ short-form conditional station licenses granted in process are alleged, the Commission application. See 47 CFR 1.2105(c)(1). the future in the BTA service areas of may conduct an investigation or refer Communications among applicants auction winners. Instead, we will such complaints to the United States concerning matters unrelated to the require the holders of BTA Department of Justice for investigation. MDS auction will, however, be authorizations to meet the five year Bidders who are found to have violated permitted after the filing of short-form build-out requirements set forth at ¶ 31. the antitrust laws or the Commission’s 128. We believe that this change in applications. See Fourth Memorandum rules in connection with participation our construction requirements is Opinion and Order in PP Docket No. in the auction process may, among other necessitated by our decision to grant 93–253, 9 FCC Rcd 6858, 6869 (1994), remedies, be subject to the loss of their BTA-based authorizations to MDS 59 Fed. Reg. 53364 (Oct. 24, 1994). up front payment, down payment or auction winners. Our goal in imposing 130. Despite the restrictions set forth their full bid amount, cancellation of any construction or other performance in ¶129, applicants may amend their their BTA authorizations, and may be requirement is to insure that each short-form applications to reflect prohibited from participating in future auction winner provides service formation of bidding consortia or auctions. See Second Report and Order throughout its BTA. We believe that the changes in ownership after the short- at 2388; 47 CFR 1.2109(c). imposition of a general BTA-wide build- form application filing deadline has out requirement will better achieve this passed, provided such changes do not 7. Treatment of Designated Entities goal than our continued imposition of a result in a change in control of the 132. General Considerations. Section twelve month construction requirement applicant, and provided that the parties 309(j) of the Communications Act on each particular MDS facility within forming consortia or entering into provides that the Commission ‘‘ensure the BTA. ownership agreements have not applied that small businesses, rural telephone 129. Rules Prohibiting Collusion. In to bid on the same BTA service areas. companies, and businesses owned by the generic auction rules, we adopted In addition, after the filing of short-form members of minority groups and women special provisions to prevent collusive applications, applicants may make are given the opportunity to participate conduct in the context of competitive agreements to bid jointly for BTA in the provision of spectrum-based bidding. 47 CFR 1.2105(c). We indicated service areas, provided the parties to the services.’’ 47 U.S.C. 309(j)(4)(D). To that such rules would serve the agreement have not applied for the same achieve this congressional goal, the Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36547 statute directs the Commission to assist small businesses. The House individual service. In particular, we ‘‘consider the use of tax certificates, Report states that these provisions were have evaluated the capital requirements, bidding preferences, and other drafted to ‘‘ensure that all small the nature of the expected pool of procedures.’’ Id. In addition, Section businesses will be covered by the bidders, and other characteristics of 309(j)(3)(B) instructs the Commission, in Commission’s regulations, including each service to determine the establishing eligibility criteria and those owned by members of minority appropriate measures to achieve the bidding methodologies, to promote groups and women.’’ Id. at 255. It also objectives of the auction statute. See ‘‘economic opportunity and competition states that the provisions in Section Second Memorandum Opinion and ** * by disseminating licenses among 309(j)(4)(A) pertaining to installment Order at 7256; Fourth Report and Order a wide variety of applicants, including payments were intended to promote at 2336. small businesses, rural telephone economic opportunity by ensuring that companies, and businesses owned by competitive bidding does not 138. With regard to MDS, we note that members of minority groups and inadvertently favor incumbents with this service differs from the other women,’’ which are collectively referred ‘‘deep pockets’’ ‘‘over new companies or services that have been auctioned to to as ‘‘designated entities.’’ 47 U.S.C. start-ups.’’ Id. date in several important ways. First, 309(j)(3)(B); 47 CFR 1.2110. Section 135. Moreover, with regard to access unlike PCS and IVDS, wireless cable is 309(j)(4)(A) further provides that to to capital, Congress had made specific a heavily encumbered service with promote these objectives, the findings in the Small Business Credit many of the channels in most major Commission shall consider alternative and Business Opportunity Enhancement markets already occupied. Given the payment schedules, including lump Act of 1992, that ‘‘small business limited amount of remaining usable sums or guaranteed installment concerns, which represent higher spectrum and the need to protect payments. 47 U.S.C. 309(j)(4)(A). degrees of risk in financial markets than incumbents from harmful interference, 133. In instructing the Commission to do large businesses, are experiencing we anticipate that the BTA service areas ensure the opportunity for designated increased difficulties in obtaining will be auctioned for relatively modest entities to participate in auctions and credit.’’ Small Business Credit and amounts, particularly in comparison to spectrum-based services, Congress was Business Opportunity Enhancement Act the sums bid in the PCS auctions. aware of the problems that designated of 1992, Pub. L. No. 102–366, Second, it is necessary for MDS entities would have in competing § 331(a)(3), 106 Stat. 986, 1007 (1992). channels within a geographic area to be against large, well-capitalized As a result of these difficulties, Congress aggregated under the control of a single companies in auctions and the resolved to consider carefully legislation wireless cable operator, to allow it to difficulties they encounter in accessing and regulations ‘‘to ensure that small compete with wired cable television capital. For example, the legislative business concerns are not negatively systems in the same area. Notice at history accompanying our grant of impacted’’ and to give priority to 7667. Thus, our goal in this proceeding auction authority states generally that passage of ‘‘legislation and regulations is not to set the stage for the the Commission’s regulations ‘‘must that enhance the viability of small development of an entirely new promote economic opportunity and business concerns.’’ Id. at § 331(b)(2) & industry, such as PCS, but to allow the competition,’’ and ‘‘[t]he Commission (3). progression and rationalization of the will realize these goals by avoiding 136. In our initial implementation of existing wireless cable industry. excessive concentration of licenses and Section 309(j), the Commission Accordingly, we cannot adopt by disseminating licenses among a wide established in the Second Report and designated entity rules that would variety of applicants, including small Order eligibility criteria and general hinder the accumulation of MDS businesses and businesses owned by rules that would govern the special channels within BTAs by entities members of minority groups and measures for small businesses, rural women. H.R. Rep. No. 111, 103d Cong., telephone companies, and businesses financially capable of operating wireless 1st Sess. 254 (1993) (House Report). The owned by minorities and women. We cable systems and providing House Report states that the House also identified several measures, competitive service to the public. Committee was concerned that, ‘‘unless including installment payments, 139. In this Report and Order we the Commission is sensitive to the need bidding credits and spectrum set-asides, adopt specific designated entity to maintain opportunities for small that we could choose from in measures appropriate for MDS, based on businesses, competitive bidding could formulating the rules for auctionable the record in this proceeding and on the result in a significant increase in spectrum-based services. In addition, unique characteristics of the service as concentration in the we established rules to prevent unjust identified above. Specifically, we have telecommunications industries.’’ Id. enrichment by designated entities determined to make installment More specifically, the House Committee seeking to assign or transfer licenses payments, reduced upfront payments was concerned that the adoption of obtained through use of one of these and bidding credits available to small competitive bidding should not have the special measures. See Second Report businesses, including those owned by effect of ‘‘excluding small businesses and Order at 2388–2400. minorities and women, and to small from the Commission’s licensing 137. In adopting provisions to provide business consortia. We also adopt the procedures,’’ and anticipated that the designated entities opportunities in unjust enrichment provisions set forth Commission would adopt regulations to MDS, we note that, while Section 309(j) in the Second Report and Order ensure that small businesses would lists the various designated entities applicable to installment payments and ‘‘continue to have opportunities to together, the statute does not indicate bidding credits. Id. at 2395; 47 CFR become Commission licensees.’’ Id. at that each group must be afforded the 1.2111(c) & (d). We decline to adopt 255. same type of treatment. See Competitive spectrum set-asides. Such a measure is 134. Consistent with Congress’ Bidding Notice at 7646. We have inappropriate for MDS, given the concern that auctions not operate to consistently emphasized that the heavily encumbered nature of this exclude small businesses, the provisions provisions applicable to particular relating to installment payments in designated entities would vary Section 309(j) were clearly intended to depending on the nature of each 36548 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations service and the lack of sizable, discrete 142. Although we will offer advantage of the broad partitioning blocks of spectrum to auction.55 installment financing, reduced upfront option set forth above at ¶¶ 34–35. 140. Entities Eligible for Special payments and bidding credits to Unlike other services that have limited Measures. Although we will offer minority and women-owned small the availability of partitioning to rural installment financing, reduced upfront businesses, we have also for several telephone companies, we are allowing payments and bidding credits to small reasons determined, in the absence of any type of entity to negotiate with businesses, we have concluded that the evidence in the record to the contrary, auction winners to obtain authorizations provision of additional measures for that the provision of special measures to for partitioned BTAs. Thus, minority rural telephone companies is minority and women-owned and women-owned entities that do not unnecessary in the MDS auction. enterprises, regardless of size, is wish to bid on entire BTAs should be Congress intended by including rural unnecessary. First, we note that able to acquire authorizations for telephone companies in the category of installment financing, reduced upfront partitioned portions of those service designated entities to ensure that rural payments and bidding credits will not areas. consumers received the benefit of new be limited to certain BTA service areas, 145. This determination not to technologies. See 47 U.S.C. 309(j)(3)(A); but will be available to small businesses provide additional measures for Fourth Report and Order at 2337 n.66. for every BTA service area to be minority and women-owned companies, However, many rural consumers and auctioned. We believe that broadening regardless of their size, is consistent residents of smaller communities the scope of opportunity for small with the Commission’s position in other already receive the benefit of wireless businesses in this manner should also auction rules. In the Fifth Report and cable services. Numerous wireless cable create substantial opportunity for Order, we specifically observed that, operators focus on uncabled rural areas minority and women-owned due to the expected high auction value and small towns, and rural states, such enterprises. Census data has shown that of the PCS spectrum and the substantial as North and South Dakota, Oklahoma, approximately ninety-nine percent of all build-out costs, it would be necessary to and Nebraska, have among the highest women-owned and ninety-nine percent provide additional assistance to women numbers of operating and planned of all minority-owned businesses and minority enterprises to ensure their wireless cable systems. Moreover, given generate annual receipts of one million opportunity to participate in broadband the anticipated modest auction prices of dollars or less.56 Thus, we expect that PCS than would be ‘‘necessary in other, authorizations for sparsely populated virtually all minority and women- less costly spectrum-based services.’’ Id. rural BTAs, we do not believe that rural owned enterprises will be eligible for at 5572–5573. We believe that the telephone companies will need either a the special measures adopted herein for installment financing, reduced upfront special exemption from the MDS small businesses. Moreover, we note payments and bidding credits available competitive bidding process or that we are permitting consortia of small to all small businesses, along with the additional measures provided to them businesses to utilize installment broad partitioning option, should be in order to compete in the auction financing, reduced upfront payments sufficient to give minority and women- process. Rural telephone companies and bidding credits, if each member of owned entities the opportunity to will, of course, be eligible for the the consortia is individually eligible. participate in the ‘‘less costly’’ MDS incentives provided to small businesses Small minority and women-owned auction. 146. Installment Payments. In this generally if they meet those eligibility enterprises may therefore join together Report and Order, we approve requirements. This determination not to in consortia to participate in MDS provide additional measures for rural installment financing for small auctions and still remain eligible for all telephone companies is consistent with businesses. Permitting a winning bidder special measures available to small the Commission’s decisions in the PCS to pay through installments is the businesses individually. equivalent of having the government and IVDS auction rules. 143. Second, we believe that small 141. In addition, we expect rural extend credit to the bidder. With this minority and women-owned entities, telephone companies to take advantage installment financing option, a with the various incentives they will of the partitioning option described prospective bidder may not need to rely receive as small businesses, should be above at ¶¶ 34–35, so they will not have as heavily on private financing either able to participate successfully in to bid on entire BTAs to obtain before or after an auction. Given the competitive bidding, given the authorizations for the rural areas they difficulties experienced by small anticipated relatively modest value of are interested in serving. Thus, rural businesses in obtaining credit (see supra telephone companies should be able to many of the BTA service areas to be ¶ 135), this governmental extension of obtain authorizations for partitioned auctioned. Due to the heavily credit should be particularly valuable to BTAs by private negotiation and encumbered nature of the wireless cable small businesses that are winning agreement with auction winners. Rural industry, the Commission has estimated bidders in spectrum auctions. telephone companies could also form that the amounts bid in the MDS Installment payments should therefore bidding consortia to participate in MDS auction will not approach the levels be both an effective method of auctions, and then partition the BTAs reached in earlier auctions, particularly promoting the participation of won among consortia participants. In PCS. Thus, additional incentives for designated entities in the provision of our opinion, the offering of this broad minority and women-owned spectrum-based services and a means of partitioning option to all interested enterprises, regardless of their size, distributing licenses and services among entities, including rural telephone appear less necessary for MDS than for geographic areas. Second Report and companies, also serves to make the other auctionable services. Order at 2389–2390. In the Second provision of additional measures for 144. Moreover, we note that minority Report and Order, we determined that rural telephone companies unnecessary. and women-owned entities may also, installment payments should be offered like rural telephone companies, take only to small businesses (including 55 This decision is consistent with the those owned by minorities and women), 56 Commission’s previous determination that, due to See Women-Owned Businesses, WB 87–1, 1987 and then only in instances where use of the small amount of spectrum available, spectrum Economic Census, at 144, Table 8; Survey of set-asides were not appropriate for IVDS. See Minority-Owned Business Enterprises, MB 87–4, the spectrum being auctioned was likely Fourth Report and Order at 2336. 1987 Economic Census, at 81–82, Table 8. to match the business objectives of bona Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36549 fide small businesses. Id. at 2390. We have previously allowed designated these reasons, we believe that a bidding also specifically noted that the entities to make reduced upfront credit will have a significant positive legislative history of the Budget Act payments. See, e.g., Fifth Report and effect ,on the ability of small businesses indicates that large enterprises with Order at 5600. We believe that allowing to participate successfully in an MDS established revenue streams are not small businesses to make reduced auction. intended the beneficiaries of installment upfront payments should facilitate 151. We will offer a fifteen percent financing. Id. Given the considerable auction participation by capital- bidding credit to small businesses, and number of small enterprises currently constrained wireless cable operators to consortia of small businesses, bidding involved in the wireless cable industry, (see infra ¶ 153), and permit them to on any of the BTA service areas we believe that MDS has offered, and conserve resources for building out their available in the MDS auction. Given the will continue to offer, bona fide systems after the MDS auction. encumbered nature of MDS and the business opportunities to small 149. Specifically, we will for the MDS presence of incumbents in most BTAs, enterprises. auction reduce the upfront payment it appears impractical to restrict the 147. We will therefore permit the use requirement by twenty-five percent for availability of bidding credits to certain of installment payment plans in all MDS small businesses and for small business channels or spectrum blocks. auctions, and follow the general consortia. See Fifth Report and Order at Additionally, we believe that we would procedures set forth in the Second 5600 (reducing upfront payment for greater opportunities for small Report and Order. The installment bidders in entrepreneurs’ block PCS businesses, including incumbent payment option will allow a small auction by twenty-five percent). As wireless cable operators, if we offer business to pay the full amount of its discussed in ¶ 104, prior to the MDS bidding credits on all BTA service areas. winning bid in installments (less the auction, the Mass Media Bureau, in We feel that these bidding credits will upfront payment and the down conjunction with the Wireless help achieve the objectives of Congress payment, half of which is due five Telecommunications Bureau, will by providing small businesses, business days after notification to the publish a public notice listing the including women-owned and minority- winning bidder and the other half five upfront payment amount corresponding owned small businesses, with a days after the public notice stating that to each BTA service area to be meaningful opportunity to obtain BTA the BTA authorization is ready for auctioned. A prospective bidder authorizations and to conserve scarce issuance). Only interest payments will claiming eligibility as a small business capital for building out their wireless be due for the first two years, with and wishing to bid on a particular BTA cable systems after the auction. principal and interest both being service area will thus be required to Although other services have provided amortized over the remaining years of submit an upfront payment equal to larger bidding credits to certain the ten year period running from the seventy-five percent of the upfront designated entities, we believe that the date that the BTA authorization is payment specified in the public notice fifteen percent credit is sufficient for issued. Also, interest charges will be for that BTA. We believe that this MDS because, unlike these other fixed at the time of issuance of the BTA reduction in the upfront payments for services, we will offer this bidding authorization at a rate equal to that of small businesses will properly permit credit on all authorizations to be ten year U.S. Treasury notes, plus two wireless cable operators to conserve awarded to small businesses.57 and one half (2.5) percent. See Second their capital for building out their 152. To prevent unjust enrichment by Report and Order at 2390. Timely systems and adding subscribers, while small businesses trafficking in BTA payments of all installments will be a still serving to discourage insincere or authorizations acquired through the use condition of the issuance of the BTA speculative bidding. of bidding credits, we will require small authorization. Failure to make such 150. Bidding Credits. Given the businesses to reimburse the government, timely payments on or before the date difficulties faced by small businesses in as set forth below, if BTA authorizations due is also grounds for cancellation of accessing capital (see supra ¶ 135), and are transferred or assigned to entities the BTA authorization, although limited based upon our expectations as to the that do not fulfill the small business grace periods for defaulting small numbers and types of bidders that will eligibility requirements. See Second businesses may be considered on a case- participate in the MDS auction, we Report and Order at 2395. Small by-case basis. See id. at 2391. If a small conclude that a bidding credit is businesses seeking to transfer or assign business making installment payments appropriate for small businesses in the a BTA authorization to an entity not seeks to assign or transfer its BTA MDS auction. A bidding credit, in effect, meeting the definition of small business authorization to a non-small business functions as a discount on the bid price will be required to reimburse the entity, we will require payment of any a bidder will actually have to pay to government for the amount of the remaining unpaid principal balance, obtain a BTA authorization and, thus, bidding credit, plus interest at the rate and of any unpaid interest accrued, as will address directly the financing a condition of the assignment or obstacles encountered by small 57 See, e.g., Third Report and Order at 2970 transfer. See id. at 2395. businesses. A bidding credit should (providing twenty-five percent bidding credit on 148. Reduced Upfront Payments. accordingly ‘‘level the playing field’’ by specified channels to certain designated entities in Upfront payment requirements are helping small businesses, particularly nationwide narrowband PCS auction); Third Memorandum Opinion and Order at 201 (providing designed to ensure that bidders are incumbent wireless cable operators, to forty percent bidding credit on specified channels qualified and serious and to provide the compete effectively in the MDS auction to certain designated entities in regional Commission with a source of funds in against larger enterprises, such as the narrowband PCS auction); Fourth Report and Order the event that it becomes necessary to large telecommunications carriers. We at 2337 (offering twenty-five percent bidding credit on one of two IVDS licenses available in each assess default or bid withdrawal also believe the offering of a bidding geographic license area). See also Second Report payments. See Second Report and Order credit may aid small businesses to more and Order and Second Further Notice of Proposed at 2377–2379. Although the easily attract capital; specifically, Rulemaking in PR Docket No. 89–553, PP Docket Commission has not chosen to create a outside investors may be more eager to No. 93–253, and GN Docket No. 93–252, FCC 95– 159 (released April 17, 1995), 60 FR 21987 (May 4, general exception to our upfront invest in a small wireless cable operator 1995), at ¶ 130 (proposing to provide ten percent payment requirements for designated if that operator will be benefited by a bidding credit on all 900 MHz Specialized Mobile entity applicants (see id. at 2380), we bidding credit in the MDS auction. For Radio channel blocks to be auctioned). 36550 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations imposed for installment financing at the is crucially dependent upon its ability the certification included in the short- time the authorization was awarded, to obtain additional financing.58 form application. Such consent will before transfer or assignment will be 154. Given the capital requirements of include consent to the audit of the permitted. The amount of the required the wireless cable industry and its past holders’ books, documents and other reimbursement will be reduced over difficulties in attracting capital, we material (including accounting time. A transfer or assignment in the believe that the $40 million gross procedures and practices), regardless of first two years after issuance of the revenue standard is appropriate for form or type, sufficient to confirm that authorization will result in a MDS. If the Commission were to adopt such holders’ representations are, and reimbursement of one hundred percent a significantly lower standard for the remain, accurate. Such consent will also of the value of the bidding credit; during definition of small business, we would include inspection at all reasonable year three, of seventy-five percent of the exclude companies with the financial times of the facilities, or parts thereof, bidding credit; in year four, of fifty wherewithal to operate wireless cable engaged in providing and transacting percent; in year five, of twenty-five systems competitive with cable business or keeping records regarding percent; and thereafter, no television from eligibility for licensed MDS offerings, and will also reimbursement. installment payments, reduced upfront include consent to the interviewing of 153. Eligibility for Installment payments and bidding credits. See principals, employees, customers, and Payments, Reduced Upfront Payment Second Memorandum Opinion and suppliers of the BTA authorization and Bidding Credits. In the Second Order at 7268. We also believe that the holders. Memorandum Opinion and Order, the standard SBA definition of small 157. We believe that the above records Commission amended its generic business—an entity with no more than maintenance and audit provisions are auction rules to replace the small $6 million net worth and no more than necessary to prevent abuse of the special business definition used by the Small $2 million in annual profits—is measures offered to those MDS auction Business Administration (SBA) with a similarly overly restrictive,59 and we winners claiming designated entity provision enabling the Commission to accordingly decline to adopt such status. These provisions requiring the establish a small business definition in definition of small business for MDS. retention of records should not prove the context of each particular service, We therefore conclude that the $40 overly burdensome, and they will help taking into consideration the million gross revenue standard utilized to ensure that only entities eligible characteristics and capital requirements by other services is appropriate, as it under the auction rules will be able to of the particular service. See 47 CFR would not exclude enterprises in need take advantage of the designated entity 1.2110(b)(1). We conclude that the of special incentives to compete measures. definition adopted for the narrowband successfully in the wireless cable 158. Accordingly, it is ordered that, and broadband PCS is also appropriate industry, but would not provide such pursuant to the authority of Sections 4(i) for MDS. Under this approach, a small incentives to larger telecommunications and (j), 301, 303(f), 303(g), 303(h), business is an entity that, together with enterprises with well-established 303(j), 303(r), 307(c), 308(b), 309(j) and its affiliates, has annual average gross revenue streams and easier access to 403 of the Communications Act of 1934, revenues for the three preceding years capital. as amended, 47 U.S.C. §§ 154(i), 154(j), not in excess of $40 million. We will 155. Records Maintenance and 301, 303(f), 303(g), 303(h), 303(j), 303(r), also allow consortia of small businesses, Audits. All holders of BTA 307(c), 308(b), 309(j), and 403, this each member of which individually authorizations acquired by auction that Report and Order is adopted, and Part meets the $40 million gross revenue claim designated entity status will be 21 of the Commission’s Rules are standard, to qualify for installment required to maintain, at their principal amended as set forth herein. payments, reduced upfront payments place of business or with their 159. It is further ordered that the rule and bidding credits. See 47 CFR designated agent, and updated amendments set forth herein will 1.2110(j). Consideration of the capital documentary file of ownership and become effective September 15, 1995. requirements of MDS has persuaded us revenue information necessary to 160. It is further ordered that, upon to adopt this definition of small establish their status. Holders of BTA approval by the Office of Management business. Wireless cable, although authorizations or their successors in and Budget, FCC Form 304 will significantly less capital intensive than interest must maintain such files for a supersede FCC Form 494. traditional coaxial cable, is not ten year period running from the date List of Subjects in 47 CFR Part 21 inexpensive. Tower and head end that their BTA authorizations are issued. Communications common carriers, expenses may range from under $1 The files must be made available to the Reporting and recordkeeping million for a small rural system to $2 to Commission upon request. requirements, Television. $3 million per system in major markets, 156. BTA authorization holders and the cost of adding each new claiming eligibility under designated Federal Communications Commission. subscriber has been estimated to be entity provisions will be subject to William F. Caton, $400 to $600. Thus, even though the audits by the Commission, using in- Acting Secretary. house or contract resources. Selection cost of acquiring BTA authorizations at Amendatory Text auction are estimated to be relatively for an audit may be random, on- modest in comparison to other services, information, or on the basis of other Part 21 of Chapter I of Title 47 of the considerable capital is nonetheless factors. Consent to such audits is part of Code of Federal Regulations is amended required to construct a competitive as follows: wireless cable system. Moreover, the 58 See Gerard Klauer Mattison & Co., Inc., The Wireless Cable Industry: Summary of 1994 and PART 21ÐDOMESTIC PUBLIC FIXED wireless cable industry has historically Outlook for 1995 (Dec. 22, 1994) at 2; Dillon Read had difficulty in obtaining financing, & Co. Inc., The Wireless Cable Industry (Aug. 22, RADIO SERVICES and the future success of wireless cable 1994) at 10; Gerard Klauer Mattison & Co., Inc., The Wireless Cable Industry (Jan. 21, 1993) at 4. 1. The authority citation for Part 21 59 See Second Memorandum Opinion and Order continues to read as follows: at 7268; Third Memorandum Opinion and Order at Authority: Secs. 1, 2, 4, 201–205, 208, 215, 195; Fifth Report and Order at 5606–5608. 218, 303, 307, 313, 314, 403, 404, 410, 602; Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36551 48 Stat. 1064, 1066, 1070–1073, 1076, 1077, § 21.7 Standard application form for (c) Each application involving a new 1080, 1082, 1083, 1087, 1094, 1098, 1102, as domestic public fixed radio service or modified antenna supporting amended; 47 U.S.C. 151, 154, 201–205, 208, licenses. structure or passive facility, the addition 215, 218, 303, 307, 313, 314, 403, 602; 47 Except for the Multipoint Distribution or removal of an antenna, or the U.S.C. 552, 554. Service, FCC Form 494 ( ‘‘Application repositioning of an authorized antenna for a New and Modified Microwave for a station or receive-only facility § 21.2 [Amended] Radio Station License Under Part 21’’ ) (except receive-only facilities in 2. In § 21.2, the following definitions shall be submitted and a license granted Multipoint Distribution Service and the are added in alphabetical order to read for each station prior to commencement Digital Electronic Message Service) must as follows: of any proposed station be accompanied by a vertical profile construction.* ** sketch of the total structure depicting its § 21.2 Definitions. structural nature and clearly indicating § 21.13 [Amended] * * * * * the ground elevation (above sea level) at 4. Section 21.13 is amended by the structure site, the overall height of Basic Trading Area (BTA). The revising paragraphs (a)(4) and (b) the structure above ground (including geographic areas by which the introductory text to read as follows: obstruction lights when required, Multipoint Distribution Service is lightning rods, etc. and, if mounted on licensed. BTA boundaries are based on § 21.13 General application requirements. a building, its overall height above the the Rand McNally 1992 Commercial (a) * * * building. The proposed antenna on the Atlas and Marketing Guide, 123rd (4) Except for applications in the structure must be clearly identified and Edition, pp. 36–39, and include six Multipoint Distribution Service filed on its height above-ground (measured to additional BTA-like areas as specified in or after September 15, 1995, state the center of radiation) clearly § 21.924(b). specifically the reasons why a grant of indicated. Alternatively, applicants in BTA authorization holder. The the proposal would serve the public the Multipoint Distribution Service who individual or entity authorized by the interest, convenience, and necessity. filed applications on or after September Commission to provide Multipoint * * * * * 15, 1995 may provide this information Distribution Service to the population of (b) Applications in the Multipoint in the MDS long-form application. a BTA. Distribution Service, the Digital * * * * * BTA service area. The area within the Electronic Message Service (DEMS) and (e) Except for applicants in the boundaries of a BTA to which a BTA the Point-to-Point Microwave Service Multipoint Distribution Service who authorization holder may provide shall not cross-reference previously filed applications on or after September Multipoint Distribution Service. This filed material. Applications other than 15, 1995, an applicant proposing area excludes the protected service areas for the Multipoint Distribution Service, construction of one or more new of incumbent MDS stations and the DEMS and Point-to-Point Microwave stations or modification of existing registered receive sites of previously Services may cross-reference previously stations where substantial changes in authorized and proposed ITFS stations. filed material where documents, the operation or maintenance exhibits or the lengthy showings already * * * * * procedures are involved must submit a on file with the Commission contain showing of the general maintenance Incumbent. An MDS station that was information which is required by an procedures involved to insure the authorized or proposed before application form and may specifically rendition of good public September 15, 1995, including those refer to such information, if: communications service. The showing stations that are subsequently modified, * * * * * should include but need not be limited renewed or reinstated. to the following. * * * * * § 21.15 [Amended] * * * * * Partitioned service area authorization 5. Section 21.15 is amended by (g) Except for applications in the holder. The individual or entity revising the first sentence of paragraph Multipoint Distribution Service filed on authorized by the Commission to (a)(1) and by revising paragraphs or after September 15, 1995, each provide Multipoint Distribution Service (a)(3),(c), (e), introductory text and (g) to application in the Point-to-Point Radio, to the population of a partitioned read as follows: Local Television Transmission and Digital Electronic Message Service service area. § 21.15 Technical content of applications. (excluding user stations) proposing a Partitioned service area (PSA). The * * * * * new or replacement antenna (excluding area within the coterminous boundaries (a) (1) Except in the case of applicants omni-directional antennas) shall of one or more counties or other for Multipoint Distribution Service, include and antenna radiation pattern geopolitical subdivisions, drawn from a applicants proposing a new station showing the antenna power gain BTA, to which an authorization holder location (including receive-only stations distribution in the horizontal plane may provide Multipoint Distribution and passive repeaters) must indicate expressed in decibels, unless such Service or the area remaining in a BTA whether the station site is owned. * ** pattern is known to be on file with the upon partitioning any portion of that * * * * * Commission in which case the applicant BTA. This area excludes the protected (3) Except for BTA and PSA may reference in its application the service areas of incumbent MDS stations authorization holders, Multipoint FCC–ID number that indicates that the and the registered receive sites of Distribution Service applicants pattern is on file with the Commission, previously authorized and proposed proposing a new station location must Multipoint Distribution Service ITFS stations. certify the proposed station site will be applicants who filed applications on or * * * * * available to the applicant for timely after September 15, 1995 must provide 3. Section 21.7 is amended by revising construction of the facilities during the related information in completing an the first sentence of the section to read initial construction period. MDS long-form application. as follows: * * * * * * * * * * 36552 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations § 21.27 [Amended] combinations of the above, do not § 21.44 Forfeiture and termination of 6. In § 21.27 paragraphs (a)(7) and (8) change the EIRP of a station in any station authorization. are added to read as follows: direction. (a) * * * (b) * * * (1) The expiration of the construction § 21.27 Public notice period. (3) The Commission is notified of period specified therein, where (a) * * * changes made to facilities by the applicable, or after such additional time (7) The BTAs designated for licensing submission of a completed FCC Form as may be authorized by the through the competitive bidding process 494, or for the Multipoint Distribution Commission, unless within 5 days after and the filing date for short-form Service, and MDS long-form that date certification of completion of applications for those areas; application, as applicable, within thirty construction has been filed with the (8) the auction winners in the days after the changes are made. Commission pursuant to § 21.43; competitive bidding process; (4) In the Multipoint Distribution * * * * * * * * * * Service, the modified facility would not 7. Section 21.35 is amended by produce a power flux density at the § 21.900 [Amended] revising paragraph (a) introductory text protected service area boundary that 12. Section 21.900 is amended by 2 to read as follows: exceeds—73 dBW/m , pursuant to revising the concluding text to read as §§ 21.902 and 21.939 of this subpart. follows: § 21.35 Comparative evaluation of (c) * * * mutually exclusive applications. (3) * * * § 21.900 Eligibility. (a) In order to expedite action on (i) * * * * * * * * mutually exclusive applications in (ii) For Digital Electronic Message (c) * * * services under this rules part where the Service, the new antenna conforms with The applicant shall state whether or not competitive bidding process or random § 21.906 and the gain of the new service will be provided on a common selection process do not apply, the antenna does not exceed that of the carrier or non common carrier basis. In applicants may request the Commission previously authorized antenna by more addition, a common carrier applicant to consider their applications without a than one dB in any direction. shall state whether there is any formal hearing in accordance with the (iii) For the Multipoint Distribution affiliation or relationship to any summary procedure outlined in Service, the new antenna conforms with intended or likely subscriber or program paragraph (b) in this section if: § 21.906 and the EIRP resulting from the originator. * * * * * new antenna does not exceed that § 21.901 [Amended] resulting from the new antenna does not § 21.41 [Amended] exceed that resulting from the 13. Section 21.901 is amended by revising the first sentence of paragraph 8. In § 21.41, paragraph (b)(7) is added previously authorized antenna by more than one dB in any direction. (d)(5) and by revising paragraph (d)(7) to to read as follows: read as follows: * * * * * § 21.41 Special processing of applications (d) Licensees may be correct § 21.901 Frequencies. for minor facility modifications. erroneous information on a license * * * * * * * * * * which does not involve a major change (d) * * * (b) * * * (i.e., a change that would be classified * * * * * (7) In the Multipoint Distribution as a major amendment as defined Service, the modified facility would not (5) Notwithstanding the provision of § 21.23) without obtaining prior § 21.31(a) all applications, except for produce a power flux density that Commission approval by filing a exceeds—73 dBW/m2, pursuant to those filed on or after September 15, completed FCC Form 494, or for the 1995, that propose to locate §§ 21.902 and 21.939 of this subpart, at Multipoint Distribution Service locations on the boundaries of protected transmission facilities within or within licensees, by filing the MDS long-form 24.1 kilometers (15 miles) of the border service areas to which there is an application. unobstructed signal path. of a Standard Metropolitan Statistical § 21.43 [Amended] Area (SMSA) will be considered * * * * * together. * * * 10. Section 21.43 is amended by § 21.42 [Amended] revising the first sentence of paragraph * * * * * 9. Section 21.42 is amended by (a) to read as follows: (7) All applications for frequencies in revising paragraphs (a), (b)(3), (c)(3)(ii) this band, except for those filed on or and (d), and by adding paragraphs (b)(4) § 21.43 Period of Construction; after September 15, 1995, must contain and (c)(3)(iii) to read as follows: certification of completion of construction. a showing of how interference with the (a) Except for Multipoint Distribution operation of adjacent channels will be § 21.42 Certain modifications not requiring Service Station licenses granted to BTA avoided and what steps the applicant prior authorization. and PSA authorization holders, each has taken to comply with § 21.902(a) of (a) Equipment in an authorized radio license for a radio station for the this part. station may be replaced without prior services included in this Part shall * * * * * authorization or notification if: specify as a condition therein the period (1) The replacement equipment is during which construction of facilities § 21.902 [Amended] identical (i.e., same manufacturer and will be completed and the station made 14. Section 21.902 is amended by model number) with the replacement ready for operation. * ** revising paragraphs (a), (b) introductory equipment; * * * * * text, (b)(1), (b)(3), (b)(4), (c) introductory (2) For the Multipoint Distribution text, (c)(1), (c)(1)(i), (c)(2), (c)(3), (d), (f) Service, the replacement transmitter, § 21.44 [Amended] introductory text, (g) and (h), by transmitting antenna, transmission line 11. Section 21.44 is amended by removing paragraph (c)(5), and by loss and/or devices between the revising paragraph (a)(1) to read as adding paragraphs (b)(5), (b)(6), (f)(4), transmitter and antenna, or follows: (f)(5), (f)(6), and (f)(7), and by amending Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36553 paragraphs (f)(1) and (f)(2) by revising forth in international treaties. (c) The kilometers (35 mile) protected service the second sentence to read as follows: following interference studies must be area boundaries. prepared, must be available to the § 21.902 Frequency interference. * * * * * Commission upon request, and may be (f) In addressing potential harmful (a) All applicants, conditional submitted as part of any application: interference in this service, the licensees, and licensees shall make (1) An analysis of the potential for following definitions, procedures and exceptional efforts to avoid harmful harmful interference within the 56.33 other criteria shall apply: interference to other users and to avoid km (35 mile) protected service areas of (1) * * * Harmful interference will be blocking potential adjacent channel use any authorized or previously proposed considered present when a free space in the same city and cochannel use in incumbent station: calculation for an unobstructed signal nearby cities. In areas where major cities path determines that this ratio is less are in close proximity, careful (i) if the coordinates of the applicant’s than 45 dB. consideration should be given to proposed transmitter are within 160.94 (2) * * * Harmful interference will be minimum power requirements and to km (100 miles) of the center coordinates considered present when a free space the location, height, and radiation of any authorized or previously calculation for an unobstructed signal pattern of the transmitting antenna. proposed incumbent station with path determines that this ratio is less Licensees, conditional licensees, and protected service area of 56.33 km (35 than 0 dB. * * * applicants are expected to cooperate miles) as specified in § 21.902(d); or fully in attempting to resolve problems * * * * * * * * * * of potential interference before bringing (2) Applicants may design (4) For purposes of this section, the the matter to the attention of the interference studies in any manner that received signal power level (RSL)dBW at Commission. demonstrates the avoidance of harmful the output of the FCC reference (b) As a condition for use of frequency interference, as defined in this subpart. receiving antenna is obtained from the in this service, each applicant, (i) In lieu of interference studies, following formulas (or an equivalent conditional licensee, and licensee is applicants may submit in accordance adaptation): required to: with § 21.938 a written statement of no (RSL)dBW=(EIRP)dBW¥(LFS)dB+(GAR)dB (1) Not enter into any lease or contract objection to the operation of the MDS where the free space loss (LFS) is π λ or otherwise take any action that would station. (LFS)dB=20 log (4 d/ )dB unreasonably prohibit location of (ii) The Commission may direct in which the parameters are defined as another station’s transmitting antenna at applicants to submit interference follows: any given site inside its own protected studies of a specific nature. (RSL)dBW is the received power in service area. (3) Except for new stations proposed decibels referenced to one watt. * * * * * in applications filed after September 15, (EIRP)dBW is the equivalent (3) Engineer the system to provide at 1995, in the case of a proposal to isotropically radiated power in decibels least 45 dB of cochannel interference operate a non-colocated station within above one watt. protection within the 56.33 km (35 mile) the protected service area of an d is the distance of the signal path in protected service area of any authorized meters. authorized, or previously proposed, λ or previously proposed station that adjacent channel station, an analysis is the wavelength of the signal in transmit, or may transmit, signals for that identifies the areas within the meters. standard television reception. protected service areas of both the GAR is the dB gain of the reference (4) Engineer the station to provide at authorized or previously proposed receiving antenna above an isotropic least 0 dB of adjacent channel adjacent channel station and the antenna (obtained from Figure 1 of this interference protection within the 56.33 proposed station that cannot be section.) (5) A determination of signal path km (35 mile) protected service area of protected as specified in § 21.902(b)(4) conditions shall use a 9.1 meters (30 any authorized or previously proposed and an explanation of why the proposed feet) receiving antenna height, the station that transmits, or may transmit, station cannot be colocated with the transmitting antenna height, terrain signals for standard television reception. existing or previously proposed station. (5) (i) Engineer the station to limit the elevation, and assume 4/3 earth radius calculated free space power flux density * * * * * propagation conditions. to ¥73 dBW/m2 at the boundary of a (d) (1) Subject to the limitations (6) An application will not be 56.33 km (35 mile) protected service contained in paragraph (e) of this accepted for filing if cochannel or area, where there is an unobstructed section, each MDS station licensee shall adjacent channel interference is signal path from the transmitting be protected from harmful electrical predicted at the boundary of the 56.33 antenna to the boundary; or interference, as determined by the km (35 mile) protected service area of an alternatively, obtain the written consent theoretical calculations, for a protected authorized or previously proposed of the entity authorized for the adjoining service area of which the boundary will incumbent station based on the area to exceed the ¥73 dBW/m2 be 56.3255 kilometers (35 miles) from following criteria: limiting signal strength at the common the transmitter site. (i) interference calculations shall be boundary. (2) As of September 15, 1995, the made only for directions where there is (ii) In determining signal path location of these protected service area an unobstructed signal path from the conditions, the following shall be used: boundaries shall become fixed. The site of a proposed station to the a 9.1 meter (30 feet) receiving antenna center of the circular area shall be the boundary of any protected area. height, the transmitting antenna height, geographic latitude and longitude of the (ii) calculations of received power terrain elevations and 4/3 earth radius transmitting antenna site specified in levels in units of dBW from the propagation conditions. station authorizations or previously proposed station will be made at one (6) If a proposed station is within 80 proposed applications filed at the degree intervals around the protected km (50 miles) of the Canadian or Commission before September 15, 1995. service area. Mexican border, the station must be Subsequent transmitter site changes will (iii) the assumed value of the desired designed to meet the requirements set not change the location of the 56.3255 signal level at the boundary of an 36554 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations incumbent station shall be ¥83 dBW, harmful interference to any authorized area does not exceed ¥73.0 dBW/m2, if which is the calculated received power or previously proposed co-channel or the signal of an MDS station is repeated; in free space at a distance of 56.33 km adjacent-channel station with a * * * * * (35 miles), given at EIRP of 2000 watts transmitter site within 80.5 kilometers 17. Sections 21.921 through 21.939 and a receiver antenna gain of 20 dBi. (50 miles) of the applicant’s transmitter are added, Sections 21.940 through (iv) harmful interference will be site, or if an applicant demonstrates 21.949 are reserved, and Sections 21.950 considered to occur at locations along that: through 21.961 are added to read as the boundary wherever the ratio (1) A station, that must be protected follows: Subpart K—Multipoint between the desired signal level of ¥83 from interference, potentially could Distribution Service dBw and the received power from a suffer interference that would be * * * * * proposed cochannel or adjacent channel eliminated by increasing the power of the interfered-with station; and Sec. station is less than 45 dB or 0 dB for 21.921 Basis and purpose for electronic cochannel or adjacent channel (2) The applicant requesting filing and competitive bidding process. proposals, respectively. authorization of a power increase agrees 21.922 Authorized frequencies. (7) Alternatively, MDS applications to pay all expenses associated with the 21.923 Eligibility. will be accepted on the basis of an increase in power to the interfered-with 21.924 Service areas. executed written interference agreement station. 21.925 Applications for BTA authorizations between potentially affected parties * * * * * and MDS station licenses. filed in accordance with § 21.938. 21.926 Amendments to long-form (g)(1) All interference studies § 21.913 [Amended] applications. submitted pursuant to paragraph (c) of 16. Section 21.913 is amended by 21.927 Sole bidding applicants. 21.928 Acceptability of short- and long- this section must be served on all revising paragraphs (b), (c), (d), (e) and (g)(8) to read as follows: form applications. licensees, conditional licensees, and 21.929 Authorization period for station applicants for the stations required to be § 21.913 Signal booster stations. licenses. studied by this section. This service * * * * * 21.930 Five-year build-out requirements. must include a copy of the FCC 21.931 Partitioned service areas (PSAs). (b) In addition to the other application application and occur on or before the 21.932 Forfeiture of incumbent MDS station requirements of this part, each date the application is filed with the licenses. application for a signal booster station Commission. 21.933 Protected service areas. (2) MDS licensees, conditional that would retransmit an MDS signal 21.934 Assignment or transfer of control of licensees and applicants of facilities must certify that the proposed booster BTA authorizations. 21.935 Assignment or transfer of control of with 56.33 km (35 mile) protected station site is within the protected service area, as defined in §§ 21.902(d) station licenses within a BTA. service areas shall notify in writing the 21.936 Cancellation of authorization. holders of authorizations for adjoining and 21.933, of the MDS station. (c) In addition to the other application 21.937 Negotiated interference protection. BTAs or PSAs of application filings for requirements of this part, each 21.938 BTA and PSA technical and modified station licenses, provided the interference provisions. application for a signal booster station proposed facility would produce an 21.939 Harmful interference abatement. that would retransmit an MDS signal unobstructed signal path to any location 21.940 through 21.949 [Reserved.] must state in the application that it has within the adjoining BTA or PSA. This 21.950 MDS subject to competitive bidding. prepared a study which demonstrates service must include a copy of the FCC 21.951 MDS competitive bidding that the power flux density at the edge procedures. application and occur on or before the of the MDS protected service area does 21.952 Bidding application procedures. date the application is filed with the not exceed ¥73.0 dBW/m2 at locations 21.953 Prohibition of collusion. Commission. for which there is an unobstructed 21.954 Submission of upfront payments. (h) For purposes of § 21.31(a), an MDS 21.955 Submission of down payments. application, except for those signal path to the boundary. (d) In addition to the other 21.956 Filing of long-form applications or applications filed on or after September statements of intention. application requirements of this part, 15, 1995, filed for a facility that would 21.957 Petitions to deny against long-form each application for a signal booster cause harmful electrical interference applications; comments on statements of station must state in the application that within the protected service area of any intention. is has prepared a study which authorized or previously proposed 21.958 Full payment and issuance of BTA demonstrates that the proposed booster authorizations. station will be presumed to be mutually station will cause no harmful 21.959 Withdrawal, default and exclusive with the application for such interference to co-channel and adjacent- disqualification. authorized or previously proposed channel existing or previously-proposed 21.960 Designated entity provisions for station. ITFS and MDS stations with MDS. * * * * * 21.961 Definitions applicable to designated transmitters within 80.5 kilometers (50 entity provisions. § 21.904 [Amended] miles) of the proposed booster station’s § 21.921 Basis and purpose for electronic 15. Section 21.904 is amended by transmitter site. (e) In addition to the other application filing and competitive bidding process. revising paragraph (c) to read as follows: requirements of this part, each (a) Basis. The rules for competitive § 21.904 Transmitter power. application must include a written biding procedures for the Multipoint * * * * * consent statement of the licensee of Distribution Service (MDS) in this part (c) An increase in station transmitter each MDS, ITFS, and OFS station whose are promulgated under the provisions of power, above currently-authorized or signal is retransmitted. the Communications Act of 1934, as previously proposed values, to the * * * * * amended, which vests authority in the maximum values provided in (g) * * * Federal Communications Commission paragraphs (a) and (b) of this section, * * * * * to regulate radio transmission and to may be authorized, if the requested (8) The power flux density at the edge issue licenses for radio stations, and power increase would not cause of the MDS station’s protected service § 309(j) of the Act, which vests authority Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36555 in the Commission to conduct § 21.925 Applications for BTA a particular BTA service area has been competitive bidding. authorizations and MDS station licenses. specified in a single short-form (b) Purpose. This part states the (a) (1) An applicant must file a short- application only, the applicant shall be conditions under which portions of the form application and, when necessary, named the auction winner for that BTA radio spectrum are made available and the short-form application supplement, authorization. licensed for Multipoint Distribution identifying each BTA service Service via the competitive bidding authorization sought. § 21.928 Acceptability of short- and long- form applications. procedures. (2) For purposes of conducting (c) Scope. The rules in this part apply competitive bidding procedures, short- The acceptability of short- and long- only to authorizations and station form applications are considered to be form applications will be determined licenses granted under the competitive mutually exclusive with each other if according to the requirements of bidding procedures of this section. This they were filed for, and specified the §§ 21.13, 21.15, 21.20, 21.21 and 21.952. subpart contains some of the procedures same, BTA service area. (b) Separate long-form applications § 21.929 Authorization period for station and requirements for the issuance of licenses. authorizations to construct and operate must be filed for each individual MDS Notwithstanding § 21.45, each new multipoint distribution services. One station license sought within its the MDS station licensed within a BTA or also should consult Part 1, Subpart Q of protected service area of a BTA or PSA, PSA will be granted for a term of ten the Commission’s rules, §§ 21.1 through including: years, terminating ten years from the 21.406 and 21.900 through 21.920 of (1) an application for each E-channel date the Commission declared bidding this Part, and other Commission rules of group, F-channel group, and single H, 1, closed in the MDS auction. importance with respect to the licensing and 2A channel station license sought; (2) an application for authority to and operation of MDS stations. § 21.930 Five-year build-out requirements. operate at an MDS station in the area § 21.922 Authorized frequencies. vacated by an MDS station incumbent (a) (1) A BTA authorization holder has a five-year build-out period, beginning The frequencies in the MDS service that has forfeited its station license; and on the date of the grant of the BTA through the competitive bidding process (3) an application for each ITFS- authorization and terminating on the are in the frequency allocations table of channel group station license sought in 5th year anniversary of the grant of the § 21.901 of this Part. accordance with §§ 74.990 and 74.991. (c) The Commission shall grant BTA authorization, within which it may § 21.923 Eligibility. authorizations to auction winners as set develop and expand MDS station Any individual or entity, other than forth in § 21.958. operations within its service area. those precluded by §§ 21.4 and 21.912 (d) No long-form application filed by (2) This period is not extended by the of this Part, is eligible to receive a Basic the BTA authorization holder will be grant of subsequent authorizations (i.e., Trading Area (BTA) authorization and a accepted prior to completion of the grant of a station license or station license for each individual MDS competitive bidding process and no modification). station within the BTA. There is no long-form application will be granted (3) Timely certifications of restriction on the number of BTA until expiration of the 30-day petition to completion of construction for each authorizations or MDS station licenses, deny period following the public notice MDS station within a BTA or including multiple cochannel station listing of the application as being partitioned service area must be filed licenses, sought by or awarded to a accepted for filing upon completion of construction of a qualified individual or entity. (e) Applicants may use the electronic station. filing procedures to file both the (b) Each BTA authorization holder has § 21.924 Service areas. Multipoint Distribution Service short- the exclusive right to build, develop, (a) MDS service areas are regional form and long-form applications with expand and operate MDS stations Basic Trading Areas (BTAs) which are the Commission. within its BTA service area during the based on the Rand McNally 1992 five-year build-out period. The § 21.926 Amendments to long-form Commercial Atlas & Marketing Guide, applications. Commission will not accept competing 123rd Edition, at pages 38–39. The BTA applications for MDS station licenses (a) A Multipoint Distribution Service Map is available for public inspection at within the BTA service area during this long-form application may be amended the public reference room, Multipoint period. as a matter of right up to the date of the Distribution Service, Video Services (c) (1) Within five years of the grant public notice announcing the Division, Mass Media Bureau, Room of a BTA authorization, the application has been accepted for filing 207, 2033 M Street, NW., Washington, authorization holder must construct provided that: MDS stations to provide signals DC. (1) the proposed amendments do not pursuant to § 21.907 that are capable of (b) The following additions will be amount to more than a pro forma reaching at least two-thirds of the available for licensing separately as change of ownership and control; BTA-like areas: American Samoa; (2) the Commission has not otherwise population of the applicable service Guam; Northern Mariana Islands; San forbidden the amendment of pending area, excluding the populations within Juan, Puerto Rico; Mayagu¨ ez/Aguadilla- applications. protected service areas of incumbent Ponce, Puerto Rico; and the United (b) Requests to amend a long-form stations. States Virgin Islands. application placed on public notice as (2) Sixty days prior to the end of the (c) The area within the boundaries of being accepted for filing may be granted five-year build out period, the BTA a BTA to which a BTA authorization only if a written petition demonstrating authorization holder must file with the holder may provide Multipoint good cause is submitted and properly Commission proof that demonstrates the Distribution Service excludes the served on the parties of record. holder has met the requirements of protected service areas of any § 21.930(c)(1). The most recent census incumbent MDS stations and the § 21.927 Sole bidding applicants. figures available from the U.S. registered receive sites of previously Where the deadline for filing MDS Department of Commerce, Bureau of authorized or proposed ITFS stations. short-form applications has expired and Census prior to the expiration of the 36556 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations authorization holder’s five-year build- (iii) a statement of intention as § 21.932 Forfeiture of incumbent MDS out period will be used to determine defined in § 21.956(a) along with a station licenses. compliance with population-based completed FCC Form 430. (a) If the license for a incumbent MDS requirements. In no event shall census (b) The eligibility requirements station is forfeited, absent the filing and figures gathered prior to 1990 be used. applicable to BTA authorization holders grant of a petition for reinstatement (d)(1) If the Commission finds that the also apply to those individuals and pursuant to § 21.44(b), the 56.33 km (35 BTA authorization holder has entities seeking PSA authorizations. mile) protected service area of the incumbent station shall dissolve and the demonstrated that it has met the (c) Any individual or entity acquiring requirements of § 21.930(c)(1), the protected service area shall become part the rights to a partitioned area of a BTA of the BTA or PSA surrounding it. Commission will issue a declaration also acquires the rights to any that the holder has met such (b) If upon forfeiture the protected previously authorized individual service area of a forfeited license requirements. stations located within the partitioned (2) If the Commission finds that the extends across the boundaries of more area that were held by the previous than one BTA or PSA, the portions of BTA authorization holder has not authorization holder, provided that provided a signal as required in the protected service area of the grantable applications for assignment incumbent station shall merge with the § 21.930(c)(1), the Commission shall and transfer of control, FCC Forms 702 partition from the BTA any unserved overlapping BTAs or PSAs. and 704, are filed for existing stations (c) The holder of the authorization for area, using county lines as a guide, and and that acceptable amendments to shall re-authorize service to the the BTA or PSA with which the service pending long-form applications are area of the forfeited incumbent station unserved area pursuant to the MDS filed. Pending long-form applications competitive bidding procedures of this has merged has the exclusive right to filed by the previous authorization file a long-form application to operate a subpart. Applications for such unserved holder for transmitter sites within the areas are not acceptable for filing until station within the merged area and may PSA may also be dismissed without modify the locations of its stations to a filing date is announced through a prejudice at the applicant’s request. public notice. serve the forfeited area. (d) Authorizations for PSAs will be (i) The competitive bidding issued in accordance with § 21.958; § 21.933 Protected service areas. procedures set forth in §§ 21.950 to however, when individual stations (a) The stations licensed to the holder 21.961 shall be followed by applicants within an PSA are assigned along with of a BTA authorization shall have a seeking authority to provide MDS the partitioned area, the authorization protected service area that is service to the unserved partitioned area. will be granted concurrently with the coterminous with the boundaries of that (ii) The BTA authorization holder grant of the applications for assignment BTA, subject to the exclusion of the originally authorized to provide service and transfer of the existing stations. 56.33 km (35 mile) protected service is ineligible to participate in the area of incumbent MDS stations and the (e) Subsequent to issuance of the competitive bidding process for the registered sites of previously proposed authorization for a PSA, thee partitioned unserved areas partitioned from its and authorized ITFS facilities within area will be treated as a separate BTA. that BTA. protected service area. (b) The stations licensed to the holder § 21.931 Partitioned service areas (PSAs). (f) (1) When any area within a BTA of a PSA authorization shall have a (a) (1) The holder of a BTA becomes a PSA, the remaining counties protected service area that is authorization may enter into contracts and other geopolitical subdivisions coterminous with the boundaries of the with eligible parties to partition any within that BTA will also be counties or other geopolitical portion of its service area according to subsequently treated and classified as a subdivisions comprising the PSA, county boundaries, or according to other PSA(s). subject to the exclusion of the 56.33 km geopolitical subdivision boundaries, or (2) At the time a BTA is partitioned, (35 mile) protected service area of multiple contiguous counties or the Commission shall cancel the BTA incumbent MDS stations and the geopolitical subdivisions within the authorization initially issued and issue registered receive sites of previously BTA service area. a PSA authorization to the former BTA proposed and authorized ITFS facilities (2) (i) Partitioning contracts must be authorization holder. within that PSA. filed with the Commission within 30 (g) The duties and responsibilities § 21.934 Assignment or transfer of control days of the date that such agreements imposed upon BTA authorization of BTA authorizations. are reached. holders in this part and throughout the (a) (1) A BTA or PSA authorization (ii) The contracts must include Commission’s rules, such as holder seeking approval for a transfer of descriptions of the areas being § 21.930(c)(1), apply to the holders of control or assignment of its partitioned and include any PSA authorizations. authorization within three years of documentation necessary to convey to (h) The build-out period for PSAs receiving such authorization through a the Commission the precise boundaries voluntarily partitioned shall be the competitive bidding procedure must, of the partitioned area. remainder of the five-year build-out together with its application for transfer (3) Parties to partitioning contracts period applicable to the BTA or PSA of control or assignment, file with the must file concurrently with such from which the PSA was drawn. For Commission a statement indicating that contracts one of the following, where PSA authorizations issued pursuant to its authorization was obtained through appropriate: § 21.930(d)(2) and the competitive competitive bidding. (i) an MDS long-form application for bidding process, the build-out period is (2) Such applicant must also file with authority to operate a new MDS station five years, beginning on the date of the the Commission the associated contracts within the PSA; grant of the PSA authorization. The for sale, option agreements, (ii) applications for assignment or requirements of § 21.930(c)(1) also apply management agreements, or other transfer of existing stations with the to the holders of authorizations for documents disclosing the total PSA; or PSAs. consideration that the applicant would Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36557 receive in return for the transfer or § 21.938 BTA and PSA technical and application and occur on or before the assignment of its authorization. This interference provisions. date the application is filed with the information should include not only a (a) BTA or PSA authorization holders Commission. monetary price, but also any future, are expected to cooperate with one (3) With regard to incumbent MDS contingent, in-kind, or other another by designing their stations in a stations, authorization holders for BTAs consideration (e.g., management or manner that protects service in or PSAs must comply with the consulting contracts either with or adjoining BTAs and PSAs including requirements of § 21.902. without an option to purchase; below consideration of interference abatement (g) Where a PSA adjoins a BTA and market financing). techniques such as cross polarization, both authorizations are held by the same (b) Transfers of control or assignments frequency offset, directional antennas, individual or entity, the PSA shall be of BTA or PSA authorizations are antenna beam tilt, EIRP decrease, considered an extension of the protected subject to the limitations of §§ 21.4, reduction of antenna height, and terrain service area of the BTA regarding the 21.900 and 21.912 of this subpart. shielding. interference protection, limiting signal (c) The anti-trafficking provision of (b) Unless the affected parties have strength, and notification provisions of § 21.39 does not apply to the assignment executed a written interference this section. agreement in accordance with § 21.937, or transfer of control of a BTA or PSA § 21.939 Harmful interference abatement. authorization, which was granted stations licensed to a BTA or PSA pursuant to the Commission’s authorization holder must not cause In the event harmful interference competitive bidding procedures. harmful electromagnetic interference to occurs or appears to occur, after notice the following: and an opportunity for a hearing, § 21.935 Assignment or transfer of control (1) the protected service area of other Commission staff may require any of station licenses within a BTA. authorization holders in adjoining BTAs Multipoint Distribution Service Licenses for individual stations or PSAs. conditional licensee or licensee to: within a BTA or PSA area issued to (2) the 56.33 km (35 mile) protected (a) modify the station to use cross authorization holders may not be service areas of authorized or previously polarization, frequency offset transferred or assigned unless they are proposed MDS stations (incumbents). techniques, directional antenna, acquired as part of a PSA. (3) registered receive sites and antenna beam tilt, or protected service areas of authorized or (b) order an equivalent isotropically § 21.936 Cancellation of authorization. previously proposed stations in the radiated power decrease, a reduction of (a) The Commission may revoke or Instructional Television Fixed Service transmitting antenna height, a change of cancel a BTA or PSA authorization for pursuant to the manner in which antenna location, a change of antenna gross misconduct, misrepresentation or interference is defined in § 74.903(a). radiation pattern, or a reduction in aural bad faith on the part of the authorization (c) Unless the affected parties have signal power. holder. executed a written interference §§ 21.940 through 21.949 [Reserved] (b) Cancellation of a BTA or PSA agreement in accordance with § 21.937, authorization shall result in termination it shall be the responsibility of a BTA § 21.950 MDS subject to competitive of any rights the authorization holder or PSA authorization holder to correct at bidding. holds in individual proposed or its expense any condition of harmful Mutually exclusive MDS initial authorized stations within the BTA or electromagnetic interference caused to applications are subject to competitive PSA. authorized MDS service at locations bidding. The general procedures set within other BTAs or PSAs or within forth in 47 C.F.R. Chapter I, Part 1, § 21.937 Negotiated interference the 56.33 km (35 mile) protected service protection. Subpart Q are applicable to competitive areas of authorized or previously bidding proceedings used to select (a) The level of acceptable proposed MDS stations (incumbents). among mutually exclusive MDS electromagnetic interference that occurs (d) Unless specifically expected, BTA applicants, unless otherwise provided at or within the boundaries of BTAs, or PSA authorization holders are in 47 C.F.R. Chapter I, Part 21, Subpart PSAs, or an incumbent MDS station’s governed by the interference protection K. 56.33 km (35 mile) protected service and other technical provisions area can be negotiated and established applicable to the Multipoint § 21.951 MDS competitive bidding by an agreement between the Distribution Service. procedures. appropriate parties, provided that: (e) The calculated free space power (a) The following competitive bidding (1) the parties to such an agreement flux density from a station may not procedures will generally be used in file with the Commission a written exceed ¥73 dBW/m2 at locations on MDS auctions. Additional, specific statement of no objection, BTA or PSA boundaries for which there procedures may be set forth by public acknowledging that the parties have is an unobstructed signal path from the notice. The Commission may also agreed to accept a level of interference transmitting antenna to the boundary, design and test alternative procedures. that does not meet the protection unless the applicant has obtained the See 47 C.F.R. §§ 1.2103 and 1.2104. standards set forth in §§ 21.902 or written consent of the authorization (1) Competitive bidding design. 21.938 of the Commission’s rules; holder for the adjoining BTA or PSA. Simultaneous multiple round bidding (2) the statement bears the signatures (f) (1) Authorization holders for BTAs will be used in MDS auctions, unless of all parties to the agreement, or the or PSAs must notify authorization the Commission specifies by public signatures of their representative agents; holders of adjoining areas of their notice the use of sequential oral (open and application filings for new or modified outcry) bidding or sealed bidding (either (3) the statement is filed with the stations; provided the proposed facility sequential or simultaneous). Commission within 30 days of its would produce an unobstructed signal Combinatorial bidding may also be used ratification or file in conjunction with path anywhere within the adjoining with any type of auction design. an application with which the BTA or PSA. (2) Competitive bidding mechanisms. agreement is associated, whichever is (2) This service of written notification The Commission may utilize the earliest. must include a copy of the FCC following mechanisms in MDS auctions: 36558 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations (i) Sequencing. The Commission will beginning of the current or some application if it is amended by a major establish and may vary the sequence in previous round or cancel the amendment and may not be resubmitted which the BTA service areas will be competitive bidding in its entirety. after applicable filing deadlines. auctioned. (ii) Grouping. In the event the § 21.952 Bidding application procedures. § 21.953 Prohibition of collusion. Commission uses either a simultaneous (a) Short-form applications. To (a) Except as provided in paragraphs multiple round competitive bidding participate in MDS auctions, all (b), (c) and (d) of this section, after the design or combinational bidding, the applicants must submit short-form filing of short-form applications, all Commission will determine which BTA applications, along with all required applicants in an MDS auction are service areas will be auctioned certifications and exhibits specified by prohibited from cooperating, simultaneously or in combination. such forms, pursuant to the provisions collaborating, discussing or disclosing (iii) Reservation price. The of § 1.2105(a) and any Commission in any manner the substance of their Commission may establish a reservation public notices. See 47 CFR 1.2105(a). bids or bidding strategies, or discussing price, either disclosed or undisclosed, (b) Filing of short-form applications. or negotiating settlement agreements, below which a BTA service area subject Prior to any MDS auction, the with other applicants until after the to auction will not be awarded. Commission will issue a public notice winning bidder makes the required (iv) Minimum bid increments. The announcing the availability of BTA down payment, unless such applicants Commission will, by announcement service areas and, in the event that are members of a bidding consortium or before or during an MDS auction, mutually exclusive short-form other joint bidding arrangement require minimum bid increments in applications (as defined by identified on the applicant’s short-form dollar or percentage terms. § 21.925(a)(2)) are filed, the date of the application. Communications among (v) Stopping rules. The Commission auction for those BTA service areas. applicants concerning matters unrelated will establish stopping rules before or This public notice also will specify the to the MDS auction will be permitted during multiple round MDS auctions in date on or before which applicants after the filing of short-form order to terminate an auction within a intending to participate in an MDS applications. reasonable time. auction must file their short-form (b) Applicants may modify their (vi) Activity Rules. The Commission applications in order to be eligible for short-form applications to reflect will establish activity rules which that auction, and it will contain formation of consortia or changes in require a minimum amount of bidding information necessary for completion of ownership at any time before or during activity. In the event that the the application as well as other an auction, provided such changes do Commission establishes an activity rule important information such as the not result in a change in control of the in connection with a simultaneous material which must accompany the applicant, and provided that the parties multiple round auction, the forms, any filing fee that must forming consortia or entering into Commission will allow bidders to accompany the application or any ownership agreements have not applied request and to receive automatically upfront payment that will need to be for the same BTA service area. waivers of such rule, the number of submitted, and the location where the (c) After the filing of short-form which will be determined by the application must be filed. Commission. (c) Modification and dismissal of applications, applicants may make (vii) Suggested minimum bid. The short-form applications. agreements to bid jointly for BTA Commission may establish suggested (1) Any short-form application that is service areas, provided the parties to the minimum bids on each BTA service area not signed in some manner or form, agreement have not applied for the same subject to auction. Bids below the including by electronic means, and does service areas. suggested minimum bid would count as not contain all requisite certifications is (d) After the filing of short-form activity under the activity rule only if unacceptable for filing and cannot be applications, a holder of a non- no bids at or above the suggested corrected subsequent to any applicable controlling attributable interest in an minimum bid are received. filing deadline. Such short-form entity submitting a short-form (b) Identities of bidders. The application will be dismissed with application may, under the Commission will generally release prejudice. circumstances specified in information concerning the identities of (2) The Commission will provide § 1.2105(c)(4), acquire an ownership bidders before each auction but may bidders a limited opportunity to cure interest in, form a consortium with, or choose, on an auction-by-auction basis, certain defects specified herein and to enter into a joint bidding arrangement to withhold the identity of the bidders resubmit an amended short-form with, other applicants for the same BTA associated with bidder identification application. For MDS, we classify all service areas. See 47 CFR 1.2105(c)(4). numbers. The Commission will amendments to a short-form application (e) To reflect the changes in announce by public notice before the as major, except those to correct minor ownership or in the membership of MDS auction where the bidders’ errors or defects, such as typographical consortia or joint bidding arrangements identities will be revealed. errors, or those to reflect ownership specified in paragraphs (b), (c) and (d) (c) Commission control of auction. changes or formation of bidding of this section, applicants must amend The Commission may delay, suspend, or consortia or joint bidding arrangements their short-form applications by cancel an MDS auction in the event of specifically permitted under § 21.953. A submitting a revised short-form a natural disaster, technical obstacle, short-form application may be modified application, filed within two business evidence of security breach, unlawful to make minor amendments. However, days of any such change; such bidding activity, administrative applicants who fail to correct defects in modifications will not be considered necessity, or for any other reason that their short-form applications in a timely major amendments of the applications affects the fair and efficient conduct of manner as specified by public notice within the meaning of § 21.952(c)(2). the competitive bidding. The will have their applications dismissed However, any amendment which results Commission also has the authority, at its with no opportunity for resubmission. in the change of control of an applicant sole discretion, to resume the (3) A short-form application will be will be considered a major amendment competitive bidding starting from the considered to be a newly filed of the short-form. Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36559 (f) For purposes of this section, the any additional payment obligations that (2) A winning bidder that fails to terms ‘‘applicant’’ and ‘‘bids or bidding the winning bidder may have. submit either the initial long-form strategies’’ are defined as set forth in 47 application or statement of intention as CFR 1.2105(c)(5). § 21.955 Submission of down payments required under this section, and fails to (a) After bidding has ended on all establish good cause for any late-filed § 21.954 Submission of up front payments. BTA service areas, the Commission will application or statement, shall be (a) The Commission will require identify and notify the winning bidders deemed to have defaulted and will be applicants to submit an upfront and declare the bidding closed in the subject to the payments set forth in payment prior to the MDS auction. The MDS auction. Within five (5) business § 21.959(a). amount of the upfront payment for each days after being notified that it is a (b) Each initial long-form application BTA service area being auctioned and winning bidder on a particular BTA for an MDS station license within an the procedures for submitting it will be service area(s), a winning bidder must auction winner’s BTA service area, and set forth in a public notice. Upfront submit to the Commission’s lockbox each statement of intention with regard payments may be made by wire transfer bank such additional funds as are to an auction winner’s BTA service area, or by cashier’s check drawn in U.S. necessary to bring its total deposits must also include the following: dollars from a financial institution (upfront payment plus down payment) (1) FCC Form 430; whose deposits are insured by the up to twenty (20) percent of its winning (2) an exhibit detailing the terms and Federal Deposit Insurance Corporation bid(s). This down payment may be conditions and parties involved in any and must be made payable to the made by wire transfer or by cashier’s bidding consortia, joint venture, Federal Communications Commission. check in U.S. dollars from a financial partnership or other agreement or No interest will be paid on upfront institution whose deposits are insured arrangement the winning bidder had payments. by the Federal Deposit Insurance entered into relating to the competitive (b) For MDS auctions, the Corporation and must be made payable bidding process prior to the time Commission will require each applicant to the Federal Communications bidding was completed (see 47 CFR to submit an upfront payment equal to Commission. 1.207(d)); the largest combination of activity units (b) Winning bidders who are small (3) an exhibit complying with 47 CFR (as defined in the Commission’s activity businesses eligible for installment §§ 1.2110(i) and 21.960(e), if the rules established pursuant to payments under § 21.960(b) are only winning bidder submitting the long- § 21.951(a)(2)(vi)) associated with the required to bring their total deposits up from application or statement of BTAs on which the applicant to ten (10) percent of their winning bids. intention claims status as a designated anticipates being active in any single Such small businesses must pay the entity. (c) Subsequent long-form round or bidding. Applicants who are remainder of the twenty (20) percent applications for additional MDS station small businesses eligible for reduced down payment within five (5) business licenses within the BTA service areas of upfront payments will be required to days following release of the public winning bidders may be submitted at submit an upfront payment amount in notice stating that their BTA any time during the five year build-out accordance with § 21.960(c). If an authorizations are ready to be issued. period and need not contain the exhibits upfront payment is not in compliance (c) Down payments will be held by specified in paragraph (b)(2) through (3) with the Commission’s rules, or if the Commission until the winning of this section. bidder has been issued its BTA insufficient funds are tendered to § 21.957 Petitions to deny against long- constitute a valid upfront payment, the authorization and has paid the remaining balance of its winning bid, in from applications; comments on statements applicant shall have a limited of intention. opportunity to correct its submission to which case it will not be returned, or (a) Within thirty (30) days after the bring it up to the minimum valid until the winning bidder is found Commission gives public notice that a upfront payment prior to the auction. unqualified to be a station licensee or long-form application for an MDS An applicant who fails to submit a has defaulted, in which case it will be station license submitted by a winning sufficient upfront payment to qualify it returned, less applicable default bidder within its BTA service area has to bid on any BTA service area being payments. No interest will be paid on been accepted for filing, petitions to auctioned will be ineligible to bid, its any down payment. deny that application may be filed. Any application will be dismissed, and any § 21.956 Filing of long-form applications or such petitions and oppositions thereto upfront payment it has made will be statements of intention. must comply with the requirements of returned. (a) (1) Within 30 days of being §§ 47 CFR 1.2108 and 21.30. (c) The upfront payment(s) of a bidder notified of its status as a winning (b) Parties wishing to comment on or will be credited toward any down bidder, each winning bidder for a BTA oppose the issuance of a BTA payment required for the BTA service service area will be required to submit authorization issued in connection with areas on which the bidder is the either: the filing of a statement of intention by winning bidder. Where the upfront (i) an initial long-form application for a winning bidder must do so prior to the payment amount exceeds the required an MDS station license, along with any Commission’s issuance of the BTA down payment of a winning bidder, the required exhibits; or authorization. Commission may refund the excess (ii) a statement of intention with amount after determining that no bid regard to the BTA service area, along § 21.958 Full payment and issuance of withdrawal payments are owned by that with any required exhibits, showing the BTA authorizations. bidder. In the event a payment is encumbered nature of the BTA, Each winning bidder, except for small assessed pursuant to § 21.959(a) for bid identifying all previously authorized or businesses eligible for installment withdrawal or default, upfront proposed MDS and ITFS facilities, and payments under § 21.960(b), must pay payments or down payments on deposit describing in detail the winning the balance of its winning bid for its with the Commission will be used to bidder’s plan for obtaining the BTA service area(s) in a lump sum satisfy the bid withdrawal or default previously authorized and/or proposed within five (5) business days following payment before being applied toward MDS stations within the BTA. the release of the public notice stating 36560 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations that the BTA authorization(s) is ready to (1) In the case of sealed bidding: upfront payment, down payment or full be issued. A winning bidder who (i) If a bid is withdrawn before the bid amount, and may be prohibited from submitted a long-form application for an Commission releases the initial public participating in future auctions. MDS station license within its BTA notice announcing the winning service area pursuant to § 21.956(a) will bidder(s), no bid withdrawal payment § 21.960 Designated entity provisions for MDS. receive its BTA authorization will be assessed. concurrent with the grant of its MDS (ii) If a bid is withdrawn after the (a) Designated entities. As specified in conditional station license within its Commission release the initial public this section, designated entities that are BTA service area. A winning bidder notice announcing the winning winning bidders for BTA service areas who submitted a statement of intention bidder(s), the bid withdrawal payment are eligible for special incentives in the with regard to its BTA service area will be equal to the difference between auction process. See 47 CFR 1.2110. pursuant to § 21.956(a) will receive its the high bid amount and the amount of (b) Installment payments. Small BTA authorization following the the next highest bid. Losing bidders will businesses and small business consortia Commission’s review of its statement of only be subject to this bid withdrawal may elect to pay the full amount of their intention. The Commission will issue a payment for a period of thirty (30) days winning bids for BTA service areas in BTA authorization to a winning bidder after the Commission release the initial installments over a ten (10) year period within ten (10) business days following public notice announcing the winning running from the date that their BTA notification of receipt of full payment of bidders. authorizations are issued. the amount of the winning bid. (2) In the case of oral sequential (open (1) Each eligible winning bidder outcry) bidding: paying for its BTA authorization(s) on § 21.959 Withdrawal, default and (i) If a bid is withdrawn before the disqualification. an installment basis must deposit by bidder has declared the bidding to be wire transfer or cashier’s check in the (a) When the Commission conducts closed for the BTA service area bid on, manner specified in § 21.955 sufficient an MDS simultaneous multiple round no bid withdrawal payment will be additional funds as are necessary to auction, the Commission will impose assessed. bring its total deposits to ten (10) additional payment requirements on (ii) If a bid is withdrawn after the percent of its winning bid(s) within five bidders who withdraw high bids during Commission has declared the bidding to (5) business days after the Commission the course of an auction, who default on be closed for the BTA service area bid has declared it the winning bidder and down or full payments due after an on, the bid withdrawal payment of closed the bidding. Failure to remit the auction closes, or who are disqualified. paragraphs (a)(1) and (2) of this section required payment will make the bidder The withdrawal and default payments will apply. liable for the payments set forth in set forth below will be deducted from (c) If a winning bidder withdraws it § 21.959(a)(2). any upfront payments or down bid after the Commission has declared (2) Within five (5) business days payments that the withdrawing, competitive bidding closed or fails to following release of the public notice defaulting or disqualified bidder has remit the required down payment stating that the BTA authorization of a deposited with the Commission. within five (5) business days after the (1) Bid withdrawal prior to close of Commission has declared competitive winning bidder eligible for installment auction. A bidder who withdraws a high bidding closed, the bidder will be payments is ready to be issued, the bid during the course of an auction will deemed to have defaulted, its winning bidder shall pay another ten be subject to a payment equal to the application will be dismissed, and it (10) percent of its winning bid, thereby difference between the amount bid and will be liable for the default payment commencing the eligible bidder’s the amount of the winning bid the next specified in paragraph (a)(2) of this installment payment plan. The time the license is offered by the section. In such event, the Commission Commission will issue the BTA Commission. No withdrawal payment may either re-auction the BTA service authorization to the eligible winning will be assessed if the subsequent area to existing or new applicants or bidder within ten (10) business days winning bid exceeds the withdrawn bid. offer it to the other highest bidders (in following notification of receipt of this (2) Default or disqualification after descending order) at their final bids. additional ten (10) percent payment. close of auction. If a winning bidder (d) A winning bidder who is found Failure to remit the required payment defaults or is disqualified after the close unqualified to be an MDS station will make the bidder liable for the of such an auction, the defaulting bidder licensee, fails to remit the balance of its payments set forth in § 21.959(a)(2). will be subject to the payment in winning bid in a timely manner, or (3) Upon issuance of a BTA paragraph (1) above, plus an additional defaults or is disqualified for any reason authorization to a winning bidder payment equal to three (3) percent of the after having made the required down eligible for installment payments, the subsequent winning bid. If the payment, will be deemed to have Commission will notify such eligible subsequent winning bid exceeds the defaulted and will be liable for the BTA authorization holder of the terms defaulting bidder’s bid amount, the payment set forth in paragraph (a)(2) of of its installment payment plan. For three percent payment will be this section. In such event, the MDS, such installment payment plans calculated based on the defaulting Commission will generally conduct will: bidder’s bid amount. another auction for the BTA service (i) impose interest based on the rate (b) If the Commission were to conduct area, affording new parties an of ten (10) year U.S. Treasury a sequential oral (open outcry) auction opportunity to file applications for such obligations at the time of issuance of the or sealed bid auction for MDS, the service area. BTA authorization, plus two and one Commission may modify the payments (e) Bidders who are found to have half (2.5) percent; set forth in paragraph (a) of this section violated the antitrust laws or the (ii) allow installment payments for a to be paid in the event of bid Commission’s rules in connection with ten (10) year period running from the withdrawal, default or disqualification; their participation in the MDS date that the BTA authorization is provided, however, that such payments competitive bidding process may be issued; shall not exceed the payments specified subject, in addition to any other (iii) begin with interest-only payments in paragraph (a) of this section. applicable sanctions, to loss of their for the first two (2) years; and Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36561 (iv) amortize principal and interest unpaid interest accrued through the reduced over time. Such a change in over the remaining years of the ten (10) date of the change in ownership ownership structure in the first two year period running from the date that structure as a condition of approval. years after issuance of the BTA the BTA authorization is issued. Increases in gross revenues that result authorization will result in the (4) A BTA authorization issued to an from revenues from operations, business reimbursement of one hundred (100) eligible winning bidder that elects development or expanded service shall percent of the value of the bidding installment payments shall be not be considered changes in ownership credit; during year three, of seventy-five conditioned upon the full and timely structure under this paragraph. (75) percent of the bidding credit; in performance of the BTA authorization (c) Reduced upfront payments. A year four, of fifty (50) percent; in year holder’s payment obligations under the prospective bidder that qualifies as a five, twenty-five (25) percent; and installment plan. small business, or as a small business thereafter, no reimbursement. Increases (i) If an eligible holder making consortia, is eligible for a twenty-five in gross revenues that result from installment payments is more than (25) percent reduction in the amount of revenues from operations, business ninety (90) days delinquent in any the upfront payment required by development or expanded service shall payment, it shall be in default. § 21.954. To be eligible to bid on a not be considered changes in ownership (ii) Upon default or in anticipation of particular BTA, a small business will be structure under this paragraph. default of one or more installment required to submit an upfront payment (e) Short-form application payments, a holder may request that the equal to seventy-five (75) percent of the certification; Long-form application or Commission permit a three (3) to six (6) upfront payment amount specified for statement of intention disclosure. An month grace period, during which no that BTA in the public notice listing the MDS applicant claiming designated installment payments need be made. In upfront payment amounts entity status shall certify on its short- considering whether to grant a request corresponding to each BTA service area form application that it is eligible for the for a grace period, the Commission may being auctioned. incentives claimed. A designated entity consider, among other things, the (d) Bidding credits. A winning bidder that is a winning bidder for a BTA holder’s payment history, including that qualifies as a small business, or as service area(s) shall, in addition to whether the holder has defaulted before, a small business consortia, may use a information required by § 21.956(b), file how far into the payment period the bidding credit of fifteen (15) percent to an exhibit to either its initial long-form default occurs, the reasons for default, lower the cost of its winning bid on any application for an MDS station license, whether the holder has met construction of the BTA authorizations awarded in or to its statement of intention with build-out requirements within its BTA the MDS auction. regard to the BTA, which discloses the service area, the holder’s financial (1) Unjust enrichment. gross revenues for each of the past three condition, and whether the holder is (i) If a BTA authorization holder that years of the winning bidder and its seeking an eligible buyer. If the utilizes a bidding credit under this affiliates. This exhibit shall describe Commission grants a request for a grace subsection seeks to assign or transfer how the winning bidder claiming status period, or otherwise approves a control of its BTA authorization to an as a designated entity satisfies the restructured payment schedule, interest entity not meeting the eligibility designated entity eligibility will continue to accrue and will be standards for bidding credits, the requirements, and must list and amortized over the remaining years of authorization holder must reimburse the summarize all agreements that affect the ten (10) year payment period. government for the amount of the designated entity status, such as (iii) Following expiration of any grace bidding credit, plus interest at the rate partnership agreements, shareholder period without successful resumption of imposed for installment financing at the agreements, management agreements payment or upon denial of a grace time the authorization was awarded, and other agreements, including oral period request, or upon default with no before assignment or transfer will be agreements, which establish that the such request submitted, the BTA permitted. The amount of the required designated entity will have both de authorization will automatically cancel reimbursement will be reduced over facto and de jure control of the entity. and the Commission will initiate debt time. An assignment or transfer in the See 47 CFR 1.2110(i). collection procedures pursuant to Part first two years after issuance of the BTA (f) Records maintenance. All holders 1, Subpart O of the Commission’s rules. authorization will result in a of BTA authorizations acquired by (5) Unjust enrichment. reimbursement of one hundred (100) auction that claim designated entity (i) If an eligible BTA authorization percent of the value of the bidding status shall maintain, at their principal holder that utilizes installment credit; during year three, of seventy-five place of business or with their financing under this subsection seeks to (75) percent of the bidding credit; in designated agent, an updated assign or transfer control of its BTA year four, of fifty (50) percent; in year documentary file of ownership and authorization to an entity not meeting five, twenty-five (25) percent; and revenue information necessary to the eligibility standards for installment thereafter, no reimbursement. establish their status. Holders of BTA payments, the holder must make full (ii) If a BTA authorization holder that authorizations or their successors in payment of the remaining unpaid utilizes a bidding credit under this interest shall maintain such files for a principal and any unpaid interest subsection seeks to make any change in ten (10) year period running from the accrued through the date of assignment ownership structure that would result in date that their BTA authorizations are or transfer as a condition of approval. the holder losing eligibility for bidding issued. The files must be made available (ii) If a BTA authorization holder that credits, the holder shall first seek to the Commission upon request. utilizes installment financing under this Commission approval and must (g) Audits. BTA authorization holders subsection seeks to make any change in reimburse the government for the claiming eligibility under designated ownership structure that would result in amount of the bidding credit, plus entity provisions shall be subject to the holder losing eligibility for interest at the rate imposed for audits by the Commission, using in- installment payments, the holder shall installment financing at the time the house or contract resources. Selection first seek Commission approval and authorization was awarded, as a for an audit may be random, on must make full payment of the condition of approval. The amount of information, or on the basis of other remaining unpaid principal and any the required reimbursement will be factors. Consent to such audits is part of 36562 Federal Register Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations the certification included in the short- (1) A small business is an entity that (c) Gross revenues shall mean all form application. Such consent shall together with its affiliates has average income received by an entity, whether include consent to the audit of the annual gross revenues that are not more earned or passive, before any holders’ books, documents and other than $40 million for the preceding three deductions are made for costs of doing material (including accounting calendar years. business (e.g., cost of goods sold), as procedures and practices), regardless of (2) Attribution and aggregation of evidenced by audited financial form or type, sufficient to confirm that gross revenues statements for the preceding relevant such holders’ representations are, and (i) Except as specified in paragraph number of calendar years, or, if audited (b)(2)(ii) of this section, the gross remain, accurate. Such consent shall financial statements were not prepared revenues of the applicant (or BTA also include inspection at all reasonable on a calendar-year basis, for the authorization holder) and its affiliates times of the facilities, or parts thereof, preceding relevant number of fiscal engaged in providing and transacting shall be considered on a cumulative basis and aggregated for purposes of years. If an entity was not in existence business or keeping records regarding for all or part of the relevant period, licensed MDS offerings, and shall also determining whether the applicant (or holder) is a small business. gross revenues shall be evidenced by the include consent to the interviewing of audited financial statements of the principals, employees, customers, and (ii) Where an applicant (or BTA entity’s predecessor-in-interest or, if suppliers of the BTA authorization authorization holder) is a consortium of there is no identifiable predecessor-in- holders. small businesses, the gross revenues of each small business shall not be interest, unaudited financial statements § 21.961 Definitions applicable to aggregated. certified by the applicant as accurate. designated entity provisions. (3) A small business consortium is a (d) The definition of an affiliate of an (a) Scope. The definitions in this conglomerate organization formed as a applicant is set forth in 47 CFR section apply to § 21.960, unless joint venture between mutually- 1.2110(b)(4). otherwise specified in that section. independent business firms, each of (b) Small business; consortium of which individually satisfies the [FR Doc. 95–17237 Filed 7–14–95; 8:45 am] small businesses definition of a small business. BILLING CODE 6712±01±M federal register July 17,1995 Monday Reservation LiquorOrdinance;Notice Confederated TribesoftheChehalis Bureau ofIndianAffairs Interior Department ofthe Part IV 36563 36564 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices DEPARTMENT OF THE INTERIOR of the Tribe. It is further the Tribe’s Ordinance. The Business Committee policy to assure that any transaction, shall set the prices of alcoholic Bureau of Indian Affairs importation, sale or consumption beverages sold. involving an alcoholic beverage, while Confederated Tribes of the Chehalis Section 1.6. State of Washington within the Tribe’s jurisdiction, shall Licenses and Agreements Reservation Liquor Ordinance occur in strict compliance with this The Tribe/casino/licensee/operator AGENCY: Bureau of Indian Affairs, Ordinance, the laws of the United States may negotiate an agreement or obtain a Interior. and where applicable, the State of Washington. State of Washington liquor license for ACTION: Notice. any tribally-operated establishment that Section 1.2. Definitions SUMMARY: This Notice is published in sells alcoholic beverages or conducts accordance with authority delegated by The stated terms are defined as transactions involving alcoholic the Secretary of the Interior to the follows: beverages to the extent required by Assistant Secretary—Indian Affairs by a. ‘‘Alcoholic Beverage’’ shall mean applicable law in order to allow the 209 DM 8, and in accordance with the any intoxicating liquor, beer or any Tribe to sell liquor on the Reservation Act of August 15, 1953, 67 Stat. 586, 18 wine, as defined under the provisions of or in Indian country under its control. U.S.C. 1161. I certify that by Resolution this Ordinance or other applicable law; Part II. Compliance With the Laws of No. 95–23, the Confederated Tribes of b. ‘‘Business Committee’’ shall mean the State of Washington the Chehalis Reservation Liquor the Tribal Business Committee of the Ordinance was duly adopted by the Confederated Tribes of the Chehalis Section 2.1. Applicability of State Law Confederated Tribes of the Chehalis Indian Reservation, which is its The Tribe and its agents shall act in Reservation Business Committee on governing body. conformity with State laws regarding May 1, 1995. The Ordinance provides c. ‘‘Legal Age’’ shall mean the age the sale of liquor to the extent required for the regulation, manufacture, requirements, as defined in Part II, by applicable Federal law, including 18 distribution, possession, sale, and Section 2.2. U.S.C. 1161. consumption of liquor on the Chehalis d. ‘‘Sale’’ shall mean the serving of any contents of any bagged, bottled, Section 2.2. Persons Under 21 years of Reservation under the jurisdiction of the Age: Restrictions Confederated Tribes of the Chehalis boxed, canned or kegged alcoholic Reservation. We understand from the beverage by any means whatsoever for The Tribe shall comply with the State Tribe that notices of the Tribe’s intent a consideration of currency exchange. of Washington laws regarding restrictions on the sale of alcoholic to cancel or suspend a license under Section 1.3. General Prohibition Part III, subsection 3.3.4, may be beverages to persons under the age of 21 It shall be a violation of Tribal law to contested and reviewed in tribal court. years in any tribal establishment manufacture for sale, to sell, offer or Amendments to the ordinance pursuant operating pursuant to the provisions of keep for sale, possess, transport or to Part IV, section 4.2, may be effective this Ordinance. conduct any transaction involving any as to tribal members prior to publication alcoholic beverage except in compliance Section 2.3. Restrictions on Intoxicated in the Federal Register but are not with the terms, conditions, limitations, Persons effective as to non-members until and restrictions specified in this No tribally-operated or licensed published in the Federal Register. Ordinance. establishment shall sell, give, or furnish DATES: The Ordinance is effective as of any alcoholic beverage or in any way July 17, 1995. Section 1.4. Tribal Control of Alcoholic allow any alcoholic beverage to be sold, FOR FURTHER INFORMATION CONTACT: Beverages given or furnished to a person who is Chief, Branch of Judicial Services, The Business Committee shall have obviously intoxicated. Division of Tribal Government Services, the sole and exclusive right to authorize Section 2.4. Hours and Days of Sale 1849 C Street, NW., MS 2611–MIB, the importation of alcoholic beverages Washington, DC 20240–4001, telephone into the Chehalis Reservation and Any tribally-operated or licensed (202) 208–4400. Indian country over which the Chehalis establishment shall sell or furnish SUPPLEMENTARY INFORMATION: The Tribe has jurisdiction for sale or for the alcoholic beverages for on-site Confederated Tribes of the Chehalis purpose of conducting transactions consumption only during hours or on Reservation Liquor Ordinance is to read therewith, and no person or days which are in compliance with as follows: organization shall so import any such applicable Washington law. alcoholic beverages into the Chehalis Confederated Tribes of the Chehalis Part III. Tribal Licensing and Reservation or Indian country over Indian Reservation Tribal Liquor Regulation which the Chehalis Tribe has Control Ordinance jurisdiction unless authorized by the Section 3.1. Power to license and Tax Part I. Policy and Definitions Business Committee to do so. The power to establish tribal licenses and levy taxes under the provision of Section 1.1. Public Policy Declared Section 1.5. Community On-Site Sales this Ordinance is vested exclusively This Tribal Liquor Control Ordinance The Business Committee shall with the Tribe’s Business Committee. If shall be cited as the ‘‘Chehalis Tribal establish and maintain within the the Business Committee enters into any Liquor Control Ordinance’’ (the Chehalis Reservation a casino, including agreements with the State regarding the ‘‘Ordinance’’). Under the inherent full-service restaurant, deli and bar, all sale of liquor, the agreement shall be sovereignty of the Confederated Tribes of which are located within the casino deemed to constitute tribal law. of the Chehalis Indian Reservation (the facility, which shall be authorized to ‘‘Tribe’’), this Ordinance shall be store and sell alcoholic beverages in Section 3.2. Tribally-Owned deemed an exercise of the Tribe’s power conjunction with the operation of the Establishments for the protection of the welfare, health, restaurant, deli and bar and in The Business Committee can issue, by peace, morals and safety of the members accordance with the provisions of this resolution, an appropriate license to a Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36565 Tribally-owned establishment upon suspend or cancel any license. A license the Federal Register to become determining the site for the is a privilege and no person shall have effective. establishment and obtaining the vested rights therein. Prior to Section 4.3 Sovereign Immunity necessary licensing or agreement from cancellation or suspension of a license, the State of Washington. the Business Committee shall send Nothing in this Ordinance is notice of its intent to cancel or suspend Section 3.3. License of Retail Sales intended, nor shall anything contained the license to the licensee. in it be construed, as a waiver of the 3.3.1 The Business Committee shall 3.3.5 No license issued under this sovereign immunity of the Confederated have the power to issue licenses to any Ordinance shall be valid for a period Tribes of the Chehalis Indian tribal or state chartered corporation, longer than one year. Reservation. individual or partnership or other entity Section 3.4 Regulations to undertake any sale or transaction Section 4.4 Effective Date which the Tribe itself has the power to The Business Committee may, This Ordinance shall be effective undertake under this Ordinance for the consistent with this Ordinance, adopt upon the date that the Secretary of the sale of alcoholic beverages at a retail regulations it deems necessary to Interior certifies this Ordinance and store. implement this Ordinance. publishes it in the Federal Register. 3.3.2 Applications for a license shall Part IV. Construction be submitted in the form prescribed by Section 4.5 Jurisdiction the Business Committee or its Section 4.1 Severability Notwithstanding anything in this authorized employees. The Business If any part of this Ordinance, or the Ordinance to the contrary, nothing Committee may, within its sole application thereof to any party, person, herein is intended, nor shall it be discretion and subject to the conditions or entity or to any circumstances, shall construed, as a grant of jurisdiction from in this Ordinance, issue or refuse to be held invalid for any reason the Confederated Tribes of the Chehalis issue the license applied for upon whatsoever, the remainder of the section Indian Reservation to the State of payment of such fee as the Business or Ordinance shall not be affected Washington beyond that provided by Committee may prescribe. thereby, and shall remain in full force applicable law. The tribe shall operate 3.3.3 Every license shall be issued in and effect as though no part thereof had in conformity with State law and Tribal the name of the applicant and no license been declared to be invalid. law to the extent provided pursuant to shall be transferable or assignable 18 U.S.C. 1161. without the written approval of the Section 4.2 Amendment or Repeal of Business Committee, nor shall the Ordinance Dated: June 16, 1995. licensee allow any other person or This Ordinance may be amended or Ada E. Deer, entity to use the license. repealed by a majority vote of the Assistant Secretary—Indian Affairs. 3.3.4 The Business Committee may, Business Committee. Amendments of [FR Doc. 95–17426 Filed 7–14–95; 8:45 am] for violations of this Ordinance, this Ordinance need not be published in BILLING CODE 4310±02±P federal register July 17,1995 Monday Ordinance; Notice Narragansett IndianTribeLiquor Bureau ofIndianAffairs Interior Department ofthe Part V 36567 36568 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices DEPARTMENT OF THE INTERIOR temperance, and at the same time which are held primarily for persons provide an important source of revenue over eighteen (18) years of age. Bureau of Indian Affairs for the continued operation and (d) ‘‘His, him, he’’ or other masculine strengthening of the tribal government gender pronoun shall apply to the Narragansett Indian Tribe Liquor and the delivery of tribal services. female as well as the male gender Ordinance (b) Federal law currently prohibits the without distinction. (e) ‘‘Intoxicating beverage’’—A AGENCY: Bureau of Indian Affairs, introduction of liquor into Indian Interior. country, 18 U.S.C. 1154, unless the tribe beverage which contains more than having jurisdiction over that Indian three and two-tenths percent (3.2%) of ACTION: Notice. country enacts an ordinance authorizing alcohol by weight. SUMMARY: This Notice is published in such introduction in accordance with 18 (f) ‘‘Malt beverage’’—Any beverage accordance with authority delegated by U.S.C. 1161. Because of the many which is usually produced at breweries, the Secretary of the Interior to the potential problems associated with the as distinguished from distilleries. Assistant Secretary—Indian Affairs by unregulated or inadequately regulated (g) ‘‘Nonintoxicating beverage’’—A 209 DM 8, and in accordance with the sale, possession, distribution or beverage which contains not more than Act of August 15, 1953, 67 Stat. 586, 18 consumption of liquor within Indian three and two-tenths percent (3.2%) of U.S.C. 1161. I certify that Resolution No. country, the Tribal Council recognizes alcohol by weight. (h) ‘‘Reservation’’—All lands of the TC–95–0228.1, the Narragansett Indian the need for strict regulation and control Narragansett Tribe, title to which is held Tribe Liquor Ordinance was duly over liquor transactions within the in trust by the United States. adopted by the Narragansett Indian Tribe’s lands. The Tribal Council finds that exclusive tribal control and (i) ‘‘State’’—The State of Rhode Island Tribal Council on February 28, 1995. and any state or local entity granted any The Ordinance provides for the regulation of liquor is necessary to achieve maximum economic benefit to licensing or regulatory authority regulation of the activities of the pursuant to the Alcoholic Beverage regulation, manufacture, distribution, the Tribe, to protect the health and welfare of our Tribal members, and to Laws of Rhode Island. possession, sale, and consumption of (j) ‘‘Tavern’’—Any house where the address specific tribal concerns relating liquor on the Narragansett Indian principal business is the furnishing of to alcohol use on the Tribe’s lands. All Reservation under the jurisdiction of the food and sleeping accommodations. of the provisions of this Ordinance shall Narragansett Indian Tribe. (k) ‘‘Tribal lands’’—All lands of the be liberally construed for the DATES: This Ordinance is effective as of Narragansett Indian Tribe, whether title accomplishment of that purpose. July 17, 1995. thereto is held in trust by the United (c) The Tribal Council therefore finds FOR FURTHER INFORMATION CONTACT: States or in fee subject to restriction that it is in the best interests of the Tribe Chief, Branch of Judicial Services, against alienation imposed by the to enact this Ordinance. The purchase, Division of Tribal Government Services, United States. distribution, sale and consumption of 1849 C Street, NW., MS 2611–MIB, (l) ‘‘Victualing house’’—Any shop or alcohol shall take place only at tribally- Washington, D.C. 20240–4001; place where a substantial part of the owned enterprises and/or tribally telephone (202) 208–4400. business is the furnishing of food for licensed establishments operating SUPPLEMENTARY INFORMATION: The consumption at the place where it is within the exterior boundaries of the furnished. Narragansett Indian Tribe Liquor Reservation. Ordinance is to read as follows: (m) ‘‘Wholesale quantities’’—Malt 1.4. Effective Date. This ordinance beverages in excess of eight (8) gallons, Liquor Ordinance of the Narragansett shall be effective on certification by the or in excess of three (3) gallons as to any Indian Tribe Secretary of the Interior and its wine or any non-malt beverage publication in the Federal Register in consisting in whole or in part of alcohol Chapter 1 Declaration of Authority accordance with 18 U.S.C. 1161. and Purpose produced by distillation. Chapter 2 Definitions (n) ‘‘Wines’’—All fermented alcoholic 1.1. Title. This ordinance shall be beverages made from fruits, flowers, known as the ‘‘Narragansett Liquor 2.1. Definitions. [3–1–1] Unless the herbs, or vegetables and containing not Ordinance’’. context otherwise requires, the words more than twenty-four percent (24%) of 1.2. Authority. This Ordinance is and phrases herein defined are used in alcohol by volume at sixty degrees enacted pursuant to the Act of August this ordinance in the sense given them Fahrenheit (60°F), except cider 15, 1953 (Pub.L. 83–277, 67 Stat. 588, 18 in the following definitions: containing not more than three percent U.S.C. 1161) and by the authority of the (a) ‘‘Alcoholic beverage’’ or (3%) or containing more than six Narragansett Tribal Council. ‘‘beverage’’—Any liquid which either by percent (6%), of alcohol by weight at 1.3. Purpose. (a) The purpose of this itself or by mixture with any other sixty degrees Fahrenheit (60°F). Ordinance is to regulate and control the liquid or liquids is or may become fit for possession, sale, and distribution of human consumption as a drink and Chapter 3 Powers of Enforcement alcoholic beverages on the tribal lands which contains five-tenths of one 3.1. Powers of Enforcement. [3–2–2] of the Narragansett Indian Tribe. The percent (.5%) or more of alcohol by There is hereby established a branch of introduction, possession, sale and weight. Alcoholic beverage is the Tribal Gaming Commission known distribution of alcoholic beverages on synonymous with the term ‘‘liquor’’ as as the Liquor Division. This branch lands of the Narragansett Tribe is a defined herein. shall be constituted as an agency and matter of special concern to the Tribe. (b) ‘‘Commission’’—The Narragansett department of the Tribal Gaming The enactment of a tribal ordinance Tribal Gaming Commission. Commission. The Tribal Council, in governing the trafficking of alcoholic (c) ‘‘Convention’’—To include furtherance of this ordinance, delegates beverages will increase the ability of the conventions, banquets, political rallies, the following powers and duties to the tribal government to reasonably control trade shows, exhibitions, charity balls Narragansett Gaming Commission: the distribution and possession of and other similar gatherings in (a) To publish and enforce rules and alcoholic beverages, promote conformity with ordinances of the Tribe regulations which shall be adopted by Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36569 the Tribal Council governing the sale, provision does not prevent the payment beverages on the Reservation must fill in manufacture, distribution and for purchases with the use of credit the application provided for this possession of alcoholic beverages on cards such as Visa, Master Card, purpose by the Commission and pay tribal lands; American Express, etc., with the such application fees as determined (b) To employ personnel as shall be exception of such other credit herein from time to time by the reasonably necessary to allow the arrangements as set forth in the Tribe- Commission. Said application must be Commission to perform its functions. State compact. filled out completely in order to be Such employees shall be tribal 4.4. Sale for Personal Consumption. considered. employees; All sales and distribution of alcoholic 5.4. Issuance of License. The Tribal (c) To issue licenses permitting the beverages shall be for the personal use Gaming Commission may issue a license sale, manufacture, distribution and and consumption of the purchaser. if it believes that such issuance is in the transportation of liquor on tribal lands; Resale of any alcoholic beverage best interests of the Tribe and its (d) To hold hearings on violations of purchased within the exterior members. All licenses to be issued this ordinance or for the issuance or boundaries of the Tribe’s trust lands is hereunder shall be in such form as shall revocation of licenses hereunder; prohibited. Any person who is not be prescribed by the Commission; and (e) To bring suit in a court of licensed pursuant to this Ordinance the license shall be held under such competent jurisdiction to enforce this who purchases an alcoholic beverage rules and regulations as the Commission ordinance as necessary; within the boundaries of the Tribe’s shall impose, establish and authorize; (f) To determine and seek damages for trust lands and sells it, whether in the and the Commission is hereby violations of this ordinance; original container or not, shall be guilty authorized to establish such rules and (g) To make such reports as may be of a violation of this Ordinance and regulations as in their discretion in the required by the Tribal Council; shall be subjected to paying damages to public interest shall seem proper to be (h) To collect taxes and fees levied or the Tribe as set forth herein. made. Notwithstanding any of the set by the Tribal Council and to keep 4.5. Solicitation and Sales. No person foregoing provisions of this section, the accurate records, books and accounts; shall act as a solicitor or salesman for a adoption or authorization of rules and and manufacturer or wholesaler of alcoholic regulations by the Commission, and the (i) To exercise such other powers as beverages on the licensed premises modification or repeal of any rules and may be delegated by the Tribal Council. without having obtained a proper regulations previously adopted, shall be 3.2. Limitation on Powers. In the permit from the State and the by written order of the Commission and exercise of its powers and duties under Commission. Any applicant for a tribal adopted in accordance with the then this Ordinance, the Tribal Gaming permit under this section shall file with current procedures or by-laws for Commission and its individual members the Commission, a true and correct copy conducting official functions of the shall not: of his/her current state permit which Commission. (a) Accept any gratuity, compensation shall entitle that person to solicit and 5.5. Signature on Licenses-Posting or other thing of value from any liquor sell on any tribally licensed premises, and Exhibition. [3–5–18] Licenses wholesaler, retailer, or distributor or provided he complies with the terms issued hereunder shall bear the from any licensee; and conditions of the tribal permit as set signature written by hand of the (b) Waive the immunity of the by the Commission. Any revocation or Chairman of the Narragansett Tribal Narragansett Tribe from suit without the termination of the State permit shall Gaming Commission, or other such express written consent of the Tribal constitute a simultaneous revocation or Tribal Gaming Commissioner as Council. termination of the tribal permit. designated and delegated by the 3.3. Inspection Rights. [3–12–3] The Chapter 5 Licensing Chairman, and shall not be printed, premises on which liquor is sold or stamped, typewritten, engraved, 5.1. License Required for Sale, distributed shall be open for inspection photographed or cut from one Distribution or Importation of by the Tribal Gaming Commission at all instrument and attached to another; and Beverages. [3–5–1] In order to control reasonable times for the purposes of shall be kept posted in plain view by the the proliferation of establishments on ascertaining whether the rules and licensee in a conspicuous position in the Tribe’s trust lands which sell or regulations of the Tribal Council and the the room or place licensed, and shall be provide alcoholic beverages by the liquor laws of the Tribe are being exhibited on demand to any Gaming bottle or by the drink, no person shall complied with. Commissioner, Tribal Law Enforcement at any time sell or suffer to be sold or Officer, or authorized federal or state Chapter 4 Sales of Alcoholic Beverages distributed or keep or suffer to be kept 4.1. License Required. [3–5–1] No official. on his premises or possession or under 5.6. Contents of Licenses. Any sales or distribution of alcoholic his charge for the purpose of sale or beverage license issued by the beverages shall be made within the distribution within the Tribe’s trust Commission shall state with specificity Reservation, except at a tribally-licensed lands any beverage unless licensed the following: or tribally-owned business operated thereto by the Commission as (a) Name and address of the licensed within the Reservation. hereinafter provided. person or entity; 4.2. Sales Only on Reservation. All 5.2. State licensing. No person shall (b) Name and address of licensed alcoholic beverage sales shall be on the be allowed or permitted to sell or premises; Reservation. No alcoholic beverage sales distribute alcoholic beverages on the (c) An exact description/location of shall be allowed within the exterior Reservation if he does not also have a the licensed premises; boundaries of tribal lands which are not license from the State of Rhode Island. (d) The days and hours when held in trust. If such license from the State shall be beverages may be sold or distributed; 4.3. Sales for Cash. All alcoholic revoked or suspended, the tribal license (e) The expiration date of the license; beverage sales authorized herein shall shall automatically be revoked or (f) The types of beverages authorized be on a cash only basis and no credit suspended as well. under the license or permit; shall be extended to any person, 5.3. Application. Any person applying (g) The class of licenses or permits organization, or entity, except that this for license to sell or distribute alcoholic issued by the Tribe and State. 36570 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 5.7. Non-Transferability of Licenses. violation shall be considered a first (b) A holder of a retailer’s license, [3–5–19] All licenses issued by the violation. Class B, shall be allowed to erect signs Commission under this ordinance shall 5.11. Revocation and Suspension of advertising his business and products be deemed non-transferable without Tribal License or Permit. Unless sold on the premises, including neon prior written authority of the otherwise stated in the notice of signs, and shall be allowed to light those Commission. suspension or revocation, the licensee signs during all lawful business hours, 5.8. Premises Covered. [3–5–9] Not shall cease any business conducted by including Sundays and holidays. more than one (1) retail license shall be authority of the license within 24 hours. (c) The annual fee for the license shall issued for the same premises. Every Notice may be served by United States be, for a tavern keeper $400–$1,500 and license shall particularly describe the mail, or by personal delivery to the for a victualer $400–$1,000; provided, place where the rights thereunder are to licensee, or by delivery to the licensed however, that in reservations with a be exercised and beverages shall not be premises. population of less than 2,500 kept for sale or sold by any licensee 5.12. Period of License. Each license inhabitants as determined by the last except at the place so described in his may be issued for a period not to exceed census taken under authority of the license. two (2) years from the date of the United States or the State, the fee for 5.9. Licenses to Keep or Sell Legal issuance. each retailer’s Class B license shall be Beverages Only-Minimum Size of 5.13. Renewal of License. A licensee determined by the Tribal Council, but Containers. [3–5–12] Only beverages may renew its license if it has complied shall in no case be less than $300; which have been legally manufactured in full with this Ordinance and has provided that if the applicant so and on which all taxes and charges— maintained its licensure with the State requests in his application, any retailer’s tribal, federal and state (if applicable)— of Rhode Island; provided, however, Class B license may be issued limiting have been paid, shall be kept for sale or that the Tribal Gaming Commission may the sale or distribution of beverages on sold by a licensee. Holders of Class B refuse to renew a license if it finds that the licensed premises to malt and wine beverages containing not more than and J retailer’s licenses shall not have doing so would not be in the best twenty percent (20%) alcohol by on the licensed premises distilled or interests of the health and safety of the volume, and the fee for that limited wine beverages in the containers, nor Narragansett Tribe. bottles, flasks or containers of less Class B license shall be $200 annually. capacity than twenty-three ounces (23 Chapter 6 Classes of Licenses The fee for any Class B license shall in each case be pro-rated to the year oz.). Holders of Class B-H retailer’s 6.1. Classes of Licenses. There shall ending December 31, in every calendar licenses are authorized to keep for sale be several classes of tribal beverage year. and to sell distilled beverages in licenses. 6.3. Class B–H License. [3–7–7.1] containers of a minimum capacity of 6.2. Class B License. [3–7–7] (a) A retailer’s license, Class B–H, fifty milliliters (50 mls.) or one and (a) A retailer’s license, Class B, shall shall be issued only to a duly licensed seven-tenths ounces (1.7 oz.). be issued only to a duly licensed bona hotel. It shall authorize the holder 5.10. Revocation or Suspension of fide tavern keeper or victualer whose thereof to keep for sale and sell or Licenses; Fines for Violating Conditions tavern or victualing house may be open distribute as provided herein distilled of License. [3–5–21] for business and regularly patronized at beverages in containers of a minimum (a) Every license shall be subject to least from nine o’clock (9:00) a.m. to capacity of fifty milliliters (50 ml.) or revocation or suspension, and the seven o’clock (7:00) p.m. and beverages one and seven tenths ounces (1.7 oz.). licensee shall be subject to civil fine by may be sold or served to the maximum The foregoing beverages shall be sold the Commission for breach by the extent permitted by the laws of the and served only in the room of the holder thereof of the conditions on State, except as otherwise limited by the registered hotel guest. The foregoing which it was issued, or for violation by Commission or other applicable law. It beverages may be served in said hotel the holder thereof of any rule or shall authorize the holder thereof to room at least from nine o’clock (9:00) regulation applicable thereto, or for keep for sale and sell beverages a.m. to seven o’clock (7:00) p.m., and breach of any provisions of this section. including beer in cans, at retail at the may be served in said room on a Any revocation or suspension of a place therein described and to deliver continuous basis, except as otherwise license or permit by the State shall the same for consumption on the limited by the Commission, or constitute a simultaneous revocation or premises or place where sold, but only applicable law. suspension by the Commission and no at tables or lunch bars where food is (b) A Class B and B–H liquor license person or entity holding a license issued served; and it shall also authorize the may be issued for the same duly under this Ordinance shall be deemed charging of a cover, minimum or door licensed hotel, notwithstanding to have acquired any vested interest charge; provided, however, that the anything to the contrary herein. therein. Any reinstatement of a license amount of the cover, minimum or door (c) The annual fee for such license or permit by the State shall not charge shall be posted at the entrance of shall be $100. constitute a reinstatement of the the establishments in a prominent place; 6.4. Class J Convention Hall License. corresponding tribal license; the provided, however, that holders of [3–7–16] A retailer’s license, Class J, licensee must seek separate licenses shall not be permitted to hold shall authorize the holder thereof to reinstatement of the tribal license from dances within the licensed premises, keep for sale and to sell beverages at the Commission. unless proper permits have been retail in the place therein described and (b) Any fine imposed pursuant to this obtained from the applicable licensing to deliver the same for consumption on section shall not exceed Five Hundred authorities; provided further, however, the premises where sold at the times Dollars ($500) for the first violation and that any holder of a Class B license may when conventions may be held on those shall not exceed One Thousand Dollars upon the approval of the Tribe and State premises. The licensed premises may ($1,000) for each subsequent violation. licensing authority, and for additional contain a bar. No Class J license shall be For the purposes of this section, any payment to the Commission of Five issued or held unless the licensee has violation committed by a licensee more Hundred Dollars ($500) open for adequate facilities to accommodate at than three (3) years after a previous business at twelve o’clock (12:00) p.m. tables five hundred (500) or more Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36571 persons at one time. Part of the licensed barter, exchange or dispose of in any (aa) An armed service identification premises may be set apart as a kitchen manner or cause to be tendered any card, the identification card license, or and food may be served if the licensee alcoholic beverage on or within the any other documentation used for is the holder of a victualing license. The tribal lands to any person who is known identification purposes that may belong Class J license shall authorize to be insane or mentally defective; or to to any other person who is of the age of entertainment only in conformity with any person who is visibly intoxicated; twenty-one (21) years or older; tribal and otherwise applicable or to any person who is known to drink (bb) A motor vehicle operator’s ordinances, regulations, and laws. The alcoholic beverages to excess; or to any license which bears the date of birth of annual fee for a Class J license shall be person who is known to be an habitual the licensee, and which is issued by the the same as for a Class B license. user of narcotics or other habit forming state of Rhode Island or any other state. 6.5. Objection by Adjoining Property drugs. (cc) Any document presented for Owners-Proximity to Schools and 7.7. Possession or Use of Alcoholic identification and known to such person Churches. Retailer’s Class B license Beverages by Underage Persons. [3–8– to falsely represent the person’s date of under this Ordinance shall not be issued 10] It shall be a violation of this birth. to authorize the sale of beverages in any Ordinance for any person to sell, (b) Every licensee shall cause to be building where the owner of the greater furnish, give away, barter, exchange or kept a book, or photographic part of the land within two hundred feet dispose of in any manner or cause to be reproduction equipment which shall (200′) of any point of such building shall tendered any alcoholic beverage on or provide the same information as file with the Commission his objection within the tribal lands to any person required by the book, and such licensee to the granting of such license; nor, in under the age of twenty-one (21) years and/or the licensee’s employee shall any building within two hundred feet either for his own use, the use of his require any person who has shown a (200′) of the premises of any public, parents, or the use of any other person. document as set forth in this section private, or parochial school or a place of 7.8. Furnishing Alcoholic Beverages substantiating his or her age, to sign that public worship. to Underaged Persons. [3–8–11.1] It book or to permit the taking of his or her shall be a violation of this Ordinance for photograph and indicate what Chapter 7 Illegal Activities any person to permit any other person document was presented. Use of said 7.1. Compliance with Applicable under the age of twenty-one (21) years photographic reproduction equipment Laws. Any person or entity holding a to consume alcoholic beverages shall be voluntary for every licensee. license issued under this Ordinance purchased on premises under his (c) The ‘‘sign-in as minor’’ book and shall comply with all statutes of the control or ownership. photographic reproduction equipment United States of America and the laws 7.9. Sale of Alcoholic Beverages to shall be the same as prescribed, of the State of Rhode Island applicable Underage Persons. [3–8–1] It shall be a published and approved at the direction to such licensee pursuant to said violation of this Ordinance for any and control of the state liquor control license, and the ordinances, resolutions, person to sell alcoholic beverages to any administrator. regulations and laws of the Tribe and person under the age of twenty-one (21) (d) If a person whose age is in Commission. years. question shall sign the ‘‘sign-in as 7.2. Illegal Sales of Liquor by Drink or 7.10. Unlawful Transfer of minor’’ book or have such photograph Bottle. It shall be a violation of this Identification. [3–8–6] It shall be a taken before he or she is sold alcoholic Ordinance for any person to sell, by the violation of this Ordinance for any beverage or beverages and it is later drink or by the bottle, any liquor except person to attempt to purchase an determined that such person was a as otherwise provided for in this alcoholic beverage through the use of a person who has not reached his or her Ordinance. false or altered identification which twenty-first (21st) birthday at the time of 7.3. Illegal Transportation. It shall be falsely purports to show the individual said selling, it shall be considered prima a violation of this Ordinance for any to be over the age of twenty-one (21) facie evidence that the licensee and/or person to sell or offer for sale or years. the licensee’s employee acted in good transport in any manner any liquor in 7.11. Unlawful Drinking and faith in selling those alcoholic beverage violation of this Ordinance. Misrepresentation by Underage Persons. or beverages to such person or persons 7.4. Illegal Purchase of Liquor. It shall [3–8–6] (a) It shall be deemed a so producing the document as set forth be a violation of this Ordinance for any violation of this Ordinance for: in this section misrepresenting his or person within the exterior boundaries of (1) Any person who has not reached her age. the Reservation to buy liquor from any his or her twenty-first (21st) birthday to 7.12. Possession of Beverage by person other than at the properly enter any premises licensed for the Underage Persons. [3–8–10] Any person authorized tribal retail outlet(s) or retail sale of alcoholic beverages for the who has not reached his or her twenty- properly licensed enterprise operating purpose of purchasing or having served first (21st) birthday who has in his or on the Reservation. or delivered to him or her alcoholic her possession any beverage as defined 7.5. Illegal Possession of Liquor; beverages; or in this ordinance shall be fined One Intent to Sell. [3–5–1] It shall be a (2) Any person who has not reached Hundred Dollars ($100) for the first violation of this Ordinance for any his or her twenty-first (21st) birthday to violation; Two Hundred Dollars ($200) person to keep or possess liquor upon consume any alcoholic beverage on for the second violation; and Five his person or in any place or premises premises licensed for the retail sale of Hundred Dollars ($500) for the third or conducted or maintained by him as a alcoholic beverages or to purchase, subsequent violation. principal or agent with the intent to sell attempt to purchase, or have another 7.13. Purchase or Procurement of it; unless such sale is otherwise purchase for him or her any alcoholic Alcoholic Beverages for Underage authorized by this Ordinance. beverage; or Persons by Adults. [3–8–11.1] It shall be 7.6. Sales to Persons Visibly (3) Any person to misrepresent or deemed a violation of this ordinance for Intoxicated, Insane, Mentally Defective, misstate his or her age, or the age of any any adult to purchase from any licensee Habitual User of Narcotics. [3–8–1] It other persons, or to misrepresent his or or any employee of any licensee for the shall be a violation of this Ordinance for her age through the presentation of any sale, delivery, service of or giving away any person to sell, furnish, give away, of the following documents: to or causing or permitting or procuring 36572 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices to be sold, delivered, served or given of suspension shall be determined by any court of competent jurisdiction for away any alcoholic beverage to any the Commission which shall increase review. Such petition shall specifically person who has not reached his or her the period fixed for suspension if set forth the reasons for aggrievement, twenty-first (21st) birthday. additional violations occur, but not to and be filed with the court no later than 7.14. Penalty for Violation of 7.13. [3– exceed one year. thirty (30) days after the Commission’s 8–11.2] Any adult who shall violate any 7.19. Drinking by or Hiring of decision or action. The court shall set of the provisions of 7.13 shall be fined Underage Persons. [3–8–4] It shall be a the matter for hearing no later than Two Hundred Dollars ($200) for a first violation of this Ordinance for any thirty (30) days after receipt of the violation, Four Hundred Dollars ($400) licensee to hire any persons who have petition, and may, upon establishing for a second violation, and One not reached their eighteenth birthday to that it has jurisdiction, affirm, modify, Thousand Dollars ($1,000) for the third sell or serve beverages in any place reverse and/or vacate the Commission’s or subsequent violation. where those beverages may be order. 7.15. Penalty for Carrying Beverages consumed on the premises where sold. for Unlawful Sale. [3–4–6] Every 7.20. Personal Consumption by Chapter 9 Records and Reports expressman, common carrier, or other Employees. It shall be a violation of this 9.1. Reporting to Commission and person who, for the purpose of carrying Ordinance for any employee of a tribally State. All records, reports or other to any other person, receives any owned or tribally operated documentation required to be provided beverage which has been sold or is establishment selling or distributing to State authorities by any licensee shall intended for sale in violation of this alcoholic beverages, during his working also be provided to the Commission on Ordinance, having reasonable cause to hours or in connection with his the same basis and in the same form as believe that the same has been, or is employment, to obtain, or to purchase required by the State. True and correct intended to be so sold, shall be fined not for himself, or to consume alcoholic copies in lieu of originals shall be more than $500. beverages. acceptable for filing with the 7.16. Waybill or Memorandum of 7.21. Hours of Retail Sale. It shall be Commission. Shipment Required. [3–4–7] Whenever a violation of this Ordinance for an 9.2. Reporting of Alcoholic Beverages beverages shall be transported in employee of a tribally authorized retail Relating to Gaming. The price of any wholesale quantities as herein defined outlet to sell, dispose of, deliver, or give alcoholic beverage sold to a gaming from the place where sold for delivery away alcoholic beverages on the retail customer in partial consideration for to the purchaser, the person in charge of outlet premises except during the amounts wagered need not be billed by the vehicle in which the beverage shall normal posted business hours of the separate charge to the individual be transported shall, during the retail outlet. No sale, delivery or customer; provided, however, that the transportation, have in his possession a disposition of alcoholic beverages may price of each such alcoholic beverage waybill or a memorandum from the occur on election days during the hours deemed sold to a gaming customer in seller to the purchaser showing the that polling places are open for voting. partial consideration for amounts name and address of the seller and of 7.22. Intoxicated Employees. It shall wagered shall be no less than the price the purchaser and the quantity and be a violation of this Ordinance for an required for such sales pursuant to the character of the beverage sold and employee of a tribally owned or laws of the State and shall be separately transported. Upon the demand of any operated retail outlet or enterprise accounted for by the tribal operation, Tribal Gaming Commissioner or Tribal which sells or distributes alcoholic any tax due under the laws of the State law enforcement officer or other beverages, when engaged in waiting on for the retail sale of such beverages shall authorized law enforcement officer, the or serving customers, to consume be paid with respect to such sales, and person in charge of the transportation alcoholic beverages or remain on or daily and monthly records shall be shall exhibit the waybill or the about the premises while in an maintained with respect thereto and memorandum. The foregoing provisions intoxicated or disorderly condition. shall be available for inspection by the shall apply to interstate transactions to State gaming agency and by the State Chapter 8 Hearings and Appeals the extent the Tribe in the exercise of its Department of Liquor Control or any sovereignty may impose them. Any 8.1. Petition to Commission for successor State agency. person transporting beverages in Rehearing. Any person aggrieved by a 9.3. Petition of Commission for Late violation of this section shall be fined decision made or action taken by the Filing. Any licensee paying a penalty for not more than $50 for each violation. Commission without notice and late filing, or becoming subject to such 7.17. Age Restriction for Bartenders. opportunity for hearing, may petition penalty, or failing to file a report on [3–8–2] It shall be a violation of this the Commission for a hearing and time, and who believes he has an Ordinance for any person to be reconsideration. The petition shall be acceptable excuse, may petition the permitted to act as a bartender for the filed within thirty (30) days after the Commission for a waiver of the penalty. purposes of mixing, preparing, serving petitioner knew or should have known The petition shall be filed within thirty or selling from a bar which is used for of the decision or action. The (30) days after the licensee knew or the purpose of dispensing beverages in Commission shall grant a prompt should have known that the payment any licensed establishment operating hearing upon receiving such a petition, was due, but not more than six (6) under any license authorized by this and shall reconsider its decision or months after the due date in any case. Ordinance, who has not reached his action, affirm, modify, reverse and/or eighteenth (18th) birthday. vacate its decision in writing to the Chapter 10 Taxes 7.18. Suspension of License for aggrieved party or such party’s 10.1. Sales Tax. There is hereby levied Employment of Underage Bartender. [3– representative in light of what is and shall be collected a tax on each 8–3] Any licensee who violates, or presented at a hearing. retail sale of alcoholic beverages on the permits to be violated, the provisions of 8.2. Appeal of Commission Decision. Reservation in the amount of two section 7.17, shall be subject to the Any person aggrieved by a decision percent (2%) of the retail sales price. suspension of license for a period of at made or action taken by the The tax imposed by this section shall least three (3) calendar days for the first Commission after notice and apply to all retail sales of alcoholic violation. The number of calendar days opportunity for hearing may petition beverages on the Reservation. No Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36573 municipality, city, town, county, nor the laws of the State of Rhode Island as that shall first present his or her credentials State of Rhode Island shall have any term is used in 18 U.S.C. 1161. to the Commission representative on power to impose an excise tax on 12.2. No Divestment of Jurisdiction or duty in the licensed premises who, alcoholic beverages as defined by this Immunity. Nothing in this ordinance together with an authorized Ordinance or govern or license the sale grants or shall be construed to grant to representative of the licensed or distribution thereof in any manner the State or any agency, department or establishment, and an authorized within the Reservation except to the commission thereof, general state civil representative of the management extent permitted by 18 U.S.C. 1161 and regulatory or taxing authority over the contractor, if any, shall insure that all the provisions of the Tribal-State Tribe or its lands, property, members or officials are provided with all lawful Compact. The tax hereunder shall not be activities except as expressly required access. effective until ordered by the Tribal by 18 U.S.C. 1161, or recognized by a 12.7. Administration and Bonding. Council and the Tribal Gaming valid Tribal-State Compact approved by (a) The administration of all matters Commission. the Secretary of the Interior. relating to the conduct of any business 10.2. Distribution of Taxes. All taxes, Additionally, nothing in this ordinance by virtue of a tribal beverage license license and permit fees, and profits from shall waive or be construed to waive the shall be through the auspices of the retail outlets owned or operated by the immunity of the Tribe or any agency, Commission. The Commission may, at Tribe, shall be paid over to the department, enterprise or commission any time before or after the issuance of Commission which in turn shall transfer thereof from suit without the express any license, order any applicant or such funds to the Treasurer of the Tribe consent of the Tribe. licensee to post an acceptable surety and be subject to distribution by the 12.3. Tribe-State Compact. To the bond in such an amount as is deemed Tribal Council in accordance with its extent that any provision of any Tribal- appropriate, or to increase the amount usual appropriation procedures for State Compact entered into between the of any existing bond. essential governmental and social Narragansett Tribe and the State of (b) The amount of any bond or the services; Provided, however, that Rhode Island are inconsistent with any increase in any bond shall be based priority in funding shall, to the greatest provision of this Ordinance, the upon such factors as the Commission extent possible, be given to those tribal provisions of the compact shall govern. deems material to the circumstances, programs which demonstrate the 12.4. Conflict of Interest. No member including, by way of illustration, the greatest need and past successful of the Narragansett Tribal Council or the financial stability and strength, and the performance in providing community Narragansett Gaming Commission or its business history of the applicant or services to Tribal members. employees, nor any member of the licensee, or such other considerations as 10.3. Income and Tax Reports. Along immediate household of any of the may be relevant to the applicant or with payment of the taxes herein above may, directly or indirectly, licensee. The Commission shall provide imposed, the taxpayer shall submit an individually or as a member of a any applicant or licensee with accounting for the quarter, of all income partnership or as a shareholder of a reasonable explanation of the basis for from the sale or distribution of said corporation, have any interest establishing or changing the amount of beverages as well as for the taxes whatsoever in the sale of alcoholic any bond and with sufficient time collected. beverages or have any compensation or within which to acquire additional bond 10.4. Audit. As a condition of profit therefrom as may be licensed or amounts, should the Commission make obtaining a license, the licensee must permitted by this Ordinance. For such an order. agree to the review or audit of its book purposes of this Ordinance ‘‘immediate household’’ is defined as son(s), Chapter 13 Tribal Jurisdiction and and records relating to the sale of Enforcement alcoholic beverages on the Reservation. daughter(s), step-son(s), step- Said review or audit may be done daughter(s), spouse or spouses 13.1. Authority. The Tribal Council, periodically by the Tribe through its recognized by common-law and until such time as the Tribe has agents or employees whenever, in the members of the family or of the established and staffed a Tribal Court, opinion of the Tribal Gaming household living in the same house. shall have jurisdiction over all offenses Commission or Tribal Council such a 12.5. Environmental Aspects. Any and unlawful acts enumerated in this review or audit is necessary to verify the person or entity operating under a tribal Ordinance when committed by an accuracy of reports. beverage license shall maintain Indian, whether or not the violator is a adequate and sufficient procedures for member or non-member of the Chapter 11 Severability the separation, storage and re-cycling of Narragansett Tribe. 11.1. Severability. Each section of this all plastic, glass and aluminum waste 13.2. Proof of Unlawful Activity. In Ordinance and each part of each section products generated by virtue of its any proceeding under this Ordinance, is hereby declared to be a separable and operation under the tribal license and proof of one unlawful sale or independent section, and the holding of shall at all times keep the licensed distribution of alcoholic beverages shall any section or sections or part or parts premises in a clean and orderly suffice to establish prima facie intent or thereof to be void, ineffective or condition. purpose of unlawfully keeping alcoholic unconstitutional for any cause, shall not 12.6. Access for State Agents or beverages for sale, selling alcoholic be deemed to affect any other section or Inspectors. Duly authorized agents or beverages or distributing alcoholic part thereof, unless necessary to the inspectors of the State shall, upon beverages in violation of this Ordinance. operation thereof. presentation of their credentials, be 13.3. General Penalties. Any person granted immediate access to inspect any adjudged to be in violation of this Chapter 12 Miscellaneous premises where beverages are stored, Ordinance shall be subject to a civil 12.1. Conformity with State Laws and distributed or sold and to examine all penalty as set forth herein. The Tribal Tribal Liquor Ordinance. The books and records pertaining to the Gaming Commission may adopt by introduction, possession, transportation business conducted by virtue of the separate rule or regulation, subject to and sale of beverages within tribal lands license. In the event such officials desire Tribal Council approval, a schedule of shall be in conformity with the access to the licensed premises of any fines for each type of violation, taking provisions of this Ordinance and the licensee of the Commission, said official into account its seriousness and the 36574 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices threat it may pose to the general health shall promptly prepare an inventory, a Chapter 15 Amendment and welfare of the Tribal members. Such copy of which shall be promptly a schedule may also provide, in the case delivered to the Tribal Gaming 15.1. Amendment of Ordinance. This of repeated violations, for imposition of Commission. Upon being found in Ordinance may only be amended by a monetary fines in excess of those violation of this Ordinance by the Tribal majority vote of the Tribal Council. The otherwise imposed for a first offense. Gaming Commission, the party shall Tribal Gaming Commission may, when 13.4. Illegal Items Declared forfeit all right, title and interest in the it deems it necessary in aid of its Contraband. Alcoholic beverages which items seized which shall become the administration of this Ordinance, are possessed contrary to the terms of property of the Narragansett Tribe. propose written amendments to this this Ordinance are declared to be Chapter 14 Transmission to Secretary Ordinance to the Tribal Council for contraband. Any tribal agent, employee, consideration and adoption. or officer who is authorized by the 14.1. Transmission to Secretary. The Tribal Gaming Commission to enforce Tribal Council shall, upon approval of Dated: June 23, 1995. this section shall seize all contraband this Ordinance, evidenced by a Tribal Ada E. Deer, which he shall have the authority to resolution, transmit the Ordinance, Assistant Secretary—Indian Affairs. seize. All seized contraband shall be together with the Tribal resolution to [FR Doc. 95–17427 Filed 7–14–95; 8:45 am] preserved in a secured area provided for the Secretary of the Interior for BILLING CODE 4301±02±P storage of impounded property and he certification and publication. federal register July 17,1995 Monday Refuge Complex;ProposedRule Peninsula/Becharof NationalWildlife Public UseRegulationsfortheAlaska 50 CFRPart36 Fish andWildlifeService Interior Department ofthe Part VI 36575 36576 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules DEPARTMENT OF THE INTERIOR habitats in their natural diversity including, public involvement activities were to but not limited to marine mammals, marine occur during the winter months when Fish and Wildlife Service birds and other migratory birds, the marine most rural Alaskans and other interested resources upon which they rely, bears, citizens would be available. 50 CFR Part 36 caribou and other mammals; (B) Alaska Peninsula Refuge * * * to On March 1, 1989, a letter announcing RIN 1018±AD30 conserve fish and wildlife populations and the start of the planning process was habitats in their natural diversity including, sent to each address on the mailing list Public Use Regulations for the Alaska but not limited to, brown bears, the Alaska Peninsula/Becharof National Wildlife Peninsula caribou herd, moose, sea otters and as well as to each box holder/general Refuge Complex other marine mammals, shorebirds and other delivery recipient in the refuge complex migratory birds, raptors, including bald area. That letter was followed by two AGENCY: Fish and Wildlife Service, eagles and peregrine falcons, and salmonids workbooks which were sent to those Interior. and other fish; people indicating a desire to be a (C) Becharof Refuge * * * (i) to conserve ACTION: Proposed rule. planning participant. Each workbook fish and wildlife populations and habitats in their natural diversity including, but not was also followed by a newsletter SUMMARY: The Fish and Wildlife Service summarizing comments from the (Service) proposes regulations to limited to, brown bears, salmon, migratory birds, the Alaskan Peninsula caribou herd, workbooks. implement portions of the ‘‘Alaska and marine birds and mammals; In December of 1989, 12 public Peninsula/Becharof National Wildlife (ii) to fulfill the international treaty Refuge Complex Public Use obligations of the United States with respect workshops were held in local villages Management Plan.’’ The proposed to fish and wildlife and their habitats; and in Anchorage and Kodiak rulemaking would allow the Service to (iii) to provide, in a manner consistent addressing Workbook No. 2. Written manage public uses by adopting with the purposes set forth in subparagraphs responses on Workbook No. 2 were regulations addressing off-road vehicles, (i) and (ii), the opportunity for continued received from 80 people and 130 people subsistence uses by local residents; and camping, and temporary facilities. The (iv) to ensure, to the maximum extent attended the public workshops. regulations will provide for continued practicable and in a manner consistent with Individuals accounted for almost two public use of the refuge complex while the purposes set forth in paragraph (i), water thirds of the written responses. protecting refuge resources and quality and necessary water quantity within Commercial operators, conservation resolving conflicts between refuge users. the refuge[s]. organizations, and local and State DATES: Written comments, suggestions, In 1987, the Service decided to governments represented the remainder. or objections will be accepted until manage the Ugashik and Chignik units Because of the Exxon Valdez oil spill, September 15, 1995. of the Alaska Peninsula NWR, the Seal the refuge complex staff needed to ADDRESSES: Assistant Regional Cape area of the Alaska Maritime NWR devote extensive time and energy to Director—Refuges and Wildlife, U.S. and the Becharof NWR as a ‘‘complex.’’ projects related to that event. As a result Fish and Wildlife Service, Attention: These units share a contiguous the pace of the planning process slowed. Bob Stevens, 1011 East Tudor Road, boundary and common resources and A newsletter was mailed to all entries Anchorage, AK 99503. resource issues. Legislation to formalize on the refuge complex mailing list in FOR FURTHER INFORMATION CONTACT: the ‘‘complex’’ has been drafted. The October 1992; it was also distributed Public Use Management Plan, and the Ronald E. Hood, Refuge Manager, within each community in the area of proposed regulations cover the Ugashik Alaska Peninsula/Becharof National the refuge complex. The purpose of the and Chignik Units of Alaska Peninsula Wildlife Refuge Complex, P.O. Box 277, newsletter was to bring the public up- King Salmon, AK 99613, telephone: NWR, the Seal Cape area of the Alaska Maritime NWR, and Becharof NWR. to-date on the planning process and let (907) 246–3339; or Bob Stevens, Public people know that the draft plan would Involvement Specialist, U.S. Fish and Refuge Planning be released for public review during the Wildlife Service, 1011 E. Tudor Road, Section 304(g) of ANILCA directs the winter of 1993. This newsletter Anchorage, AK 99503, telephone: (907) Secretary of Interior to prepare a summarized earlier efforts and 786–3499. comprehensive conservation plan identified key issues and proposed SUPPLEMENTARY INFORMATION: (comprehensive plan) for each national management alternatives. Background wildlife refuge in Alaska. The Alaska Personal contacts were also made Maritime NWR comprehensive plan was with over 50 interested citizens and The Alaska National Interest Lands completed in 1988; the Alaska Conservation Act (ANILCA) (16 U.S.C. group representatives to make certain Peninsula NWR comprehensive plan they had received the newsletter and to 3101 et seq.) was signed into law on was completed in 1987; and the December 2, 1980. The broad purpose of determine if they had any major Becharof NWR comprehensive plan was concerns about public use of the refuge this law is to provide for the disposition completed in 1985. A number of public and use of a variety of Federally owned complex that were not addressed in one use management issues were identified or more of the preliminary alternatives. lands in Alaska. Section 302 of ANILCA and resolved in the comprehensive established Alaska Peninsula and Comments were not formally solicited plans. Other issues involving public use on the newsletter; however, 43 written Becharof National Wildlife Refuges of the refuges were identified as needing comments were received. (NWRs) and Section 303 of ANILCA more thorough investigation. These expanded Alaska Maritime National issues were addressed in the Public Use These comments, previous comments, Wildlife NWR. ANILCA states that the Management Plan (public use plan) and analysis of the impacts of each purposes for which Alaska Maritime, approved in May 1994. preliminary alternative led to the Alaska Peninsula and Becharof NWRs Public involvement was an important construction of the preferred alternative were established and shall be managed part of the public use management identified in the draft public use include: planning process. In February 1989 a management plan and environmental (A) Alaska Maritime Refuge * * * to citizen participation plan was approved assessment which was released to the conserve fish and wildlife populations and and initiated. The plan specified that public for review on March 1, 1993. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36577 Public Use Management Plan Issues Comments relative to the proposed Statutory Authority Addressed in the Proposed Rule regulations are summarized below: (1) The National Wildlife Refuge System Relevant issues identified through the Off-Road Vehicles (ORVs): The greatest Administration Act of 1966, (16 U.S.C. public involvement activities discussed number of comments addressed ORV 668dd–668ee) authorizes the Secretary above and addressed in the draft and use. The overwhelming majority of of the Interior to permit and regulate the final public use management plan and comments supported the continued use use of any area within the National these proposed regulations are outlined of ORVs for subsistence. Some opposed Wildlife Refuge System for any purpose below. ORV use and several recognized that whenever it is determined that such 1. Off-Road Vehicles (ORVs): Should they could be destructive. One uses are compatible with the major additional ORV use be allowed on the suggested allowing ORV use only on purposes for which such area was refuge complex or are additional limits established trails. Local residents established. needed on ORV use on the refuge provided detailed information about The Refuge Recreation Act of 1962 (16 complex? Motor vehicle use, including where and when they use ORVs for U.S.C. 460k–460k–4) authorizes the ORVs, had occurred historically in some subsistence activities. Secretary of the Interior to administer areas and on some trails in the refuge The State objected to the Service national wildlife refuges for public complex. determining, independently and recreation as an appropriate incidental 2. Guided and Non-Guided Use: without study, what access to allow or or secondary use when such use does Should the number of guided and/or prohibit. They recommended a not interfere with the primary purposes non-guided users and/or the length of cooperative State and Service study to for which the area was established. time they are allowed to stay at one document traditional subsistence access The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et location be limited to protect important prior to any limits being placed on this seq.) Section 304(b) emphasizes the refuge complex resources or to reduce access. conflicts between user groups? authority of the Secretary of the Interior 3. Temporary Facilities: Are (2) Guided and Non-Guided Use: to prescribe such regulations as additional temporary facilities Some commented that guided visitors necessary to ensure the compatibility of (especially tent platforms) needed? How and perhaps non-guided visitors should uses with refuge purposes. Section 811 should temporary facility applications be limited. Comments ranged from states that the Secretary of the Interior be evaluated? How should temporary support for to opposition to camping ‘‘shall permit * * * appropriate use for facilities be managed? limits. Those supporting camping limits subsistence purposes of snowmobiles, suggested two days, seven days, and 10 motorboats, and other means of surface Public Comments Received on the Draft days. Some questioned the need for a transportation traditionally employed Public Use Management Plan seven day camping limit in an area that for such purposes by local residents, The draft public use management is otherwise uncrowded. A guide subject to reasonable regulations plan was released for public review organization said limits on camping in [emphasis added].’’ Section 1316 states, March 1, 1993. Over 1,000 notices of key areas should not be implemented in part, ‘‘* * * the Secretary shall availability were mailed to persons on until a specific and documentable permit, subject to reasonable regulations the refuge complex mailing list; notices problem is defined. Concerns about the to ensure compatibility, the continuance were also sent to all post office box cost of enforcing camping limits were of existing uses, and the future holders in the 12 refuge complex area expressed. establishment, and use, of temporary communities. Approximately 500 copies (3) Temporary Facilities: Several campsites, tent platforms, shelters, and of the plan were distributed. Public people suggested allowing temporary other temporary facilities and workshops were held in Anchorage, facilities; some said they should be equipment directly and necessarily Chignik Bay, Chignik Lagoon, Chignik allowed for local residents only. Those related to such activities * * * the Lake, Egegik, Ivanof Bay, Kodiak, who said temporary facilities should be Secretary may determine, after adequate Naknek, Perryville, Pilot Point, Port allowed said they should not be allowed notice, that the establishment and use of Heiden, and South Naknek during in sensitive areas. One individual said such new facilities or equipment would March and April of 1993. One hundred that when tent frames are allowed, a constitute a significant expansion of thirty-four people signed-in at these existing facilities or uses which would property ownership atmosphere is workshops. Public comments were be detrimental to the purposes for created. Conservation groups and some documented at each of the workshops. which the affected conservation system individuals suggested the Service Public comments were accepted until unit was established, including the prohibit new temporary facilities. June 30, 1993. Forty-seven written wilderness character of any wilderness Conservation groups suggested removal responses were received: 34 from area within such unit, and may of existing facilities that cause conflicts, individuals, four from the guiding thereupon deny such proposed use or eyesores, or concentrate use leading to industry, four from Native corporations/ establishment.’’ organizations, two from conservation adverse impacts on refuge complex Executive Order 11644, ‘‘Use of Off- organizations, and three from state or values and resources. road Vehicles on the Public Lands,’’ local government. Twenty-nine of the The final public use management plan February 8, 1972, (37 FR 2877) called comments were from the Alaska was prepared considering these public for each agency to establish regulations Peninsula/Bristol Bay area, six from comments. The preferred alternative for addressing off-road vehicle use. ‘‘These other parts of Alaska and 12 from other ORV use was changed to allow the regulations shall be directed at states. The vast majority of public continued subsistence use of ORVs protecting resource values, preserving comments were from Alaskans, throughout the refuge complex while public health, safety, and welfare, and predominately those residing within or proposed regulations limit the weight of minimizing use conflicts.’’ The Order near the refuge complex. All public these vehicles to protect refuge complex also states, ‘‘* * * trails shall be located comments (workshop and written) were soils and vegetation. Additional details in * * * National Wildlife Refuges and used to develop the final public use about ORVs appear in the section by Game Ranges only if the * * * agency management plan. section analysis which follows. head determines that off-road vehicle 36578 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules use in such locations will not adversely where the refuge manager had observed wide gravel landing strip located about affect their natural, aesthetic, or scenic winter ORV use occurring and expected six miles northeast of Yantarni Bay on values.’’ to find impacts. Upon review of the the Pacific coast of the Alaska public comments, these new data, Peninsula. Constructed in the early Section-by-Section Analysis relevant scientific literature, and the 1980s for oil exploration, the airstrip Subsection 36.39(c)(1) states that the requirements of 50 CFR 36.12 for provides access for wheeled aircraft to proposed regulations apply to the managing subsistence use of ORVs, the this rugged, remote coast. Public lands administratively established refuge Service concluded that the current level in this area were selected by the complex consisting of Becharof NWR, of ORV use is not ‘‘causing or is likely Afognak Native Corporation under the the Seal Cape area of the Alaska to cause an adverse impact on public Alaska Native Claims Settlement Act (43 Maritime NWR and the Ugashik and health and safety, resource protection, U.S.C. 1601–1624) prior to creation of Chignik units of Alaska Peninsula NWR. protection of historic or scientific the Alaska Peninsula NWR. These lands Subsection 36.39(c)(2) provides values, subsistence uses, . . . or other were relinquished to the refuge complex direction for management of off-road purposes for which the refuge was in 1994. vehicles (ORVs) on the refuge complex. established.’’ (50 CFR 36.12(b)). During the time the Yantarni Bay area It begins by limiting the type and weight It was also determined, after review of lands were in private ownership, a sport of ORVs authorized for subsistence use available scientific literature, that the fishing guide and several big game and on designated trails for general first impacts likely to occur from ORV guide/outfitters began using the airstrip. public use. It then designates three trails use in the refuge complex would be Their operations included use of three- for general public ORV use. The final clearly visible and easy to monitor from and four-wheeled ORVs to transport public use plan decision stated that the the air with existing staffing and supplies and guests along the airstrip Service would also evaluate the use of funding. Therefore, the Regional and the two connected trails. The airboats as off-road vehicles on the Director decided that continued use of connected trails are located on roads refuge complex. After additional ORVs for subsistence on the refuge constructed for oil exploration. In the research, it was determined that airboats complex was appropriate. public use plan, it was decided to allow have been used within refuge complex The final public use plan limits ORV general public use of these ORV trails. boundaries on waters that are probably use to three- and four-wheel vehicles Sport fishing, hunting, and guiding are navigable and thus managed by the with a gross vehicle weight of 650 all considered compatible uses of refuge State of Alaska. As long as this use pounds or less. Three- and four-wheel complex lands and resources. As these continues at the present low level with ORVs are commonly used in refuge trails are all located on constructed no discernible effects on refuge complex complex area communities. The gravel roads, there is almost no potential resources there is no need for the refuge rationale for limiting the weight and for soil and resource damage with the complex to attempt to regulate this width by regulation is that from studies current type of ORV use. airboat use. However, expansion of the (Ahlstrand and Racine 1990, Racine and The trail to the oil well site allows use of airboats onto refuge complex Ahlstrand 1991, Sinnott 1990) it appears hunters and others to get away from lands and waters is likely to have that smaller vehicles cause less damage. people at or near the airstrip. The trail significant adverse effects and therefore Ground pressure would probably be a to the beach is primarily used to is not proposed to be allowed. more reliable predictor of impacts, transport anglers along the beach to fish Subsection 36.39(c)(2)(i) proposes size however, through contacting ORV at various nearby streams. The beach and weight restrictions for general dealers the Service found that this (below mean high tide) is owned by the public and subsistence ORV use. These information is not available. Therefore, State of Alaska and not subject to refuge restrictions are proposed to address a it was determined to limit the gross complex regulations. The combined number of public and resource concerns vehicle weight which is readily total distance of these trails is less than and are realistic to implement. The draft available to a purchaser of an ORV and four miles. The beach to the airstrip trail public use plan called for limiting can be easily measured. Limiting is less than one-half mile long; the subsistence use of ORVs to frozen water vehicle weight and limiting the types of airstrip is approximately one mile long; bodies and their adjacent non-vegetated vehicles to those commonly used in and the airstrip to the oil well site trail shorelines. Other alternatives refuge complex area communities is approximately one and one-half miles considered were: allowing subsistence would pose no hardship on local long. ORV access with the same size and residents yet continue to provide Subsection 36.39(c)(2)(iii) allows weight restrictions as proposed only protection for refuge complex resources. subsistence use of ORVs to continue as when the ground is frozen; no ORV use; It is recognized that many ORV users authorized in 50 CFR 36.12(a) subject to and certain designated winter trails. also tow small trailers to carry items the size and weight limitations of In response to public comments that will not fit on the ORV. The staff subsection 36.39(c)(2)(i). received, field visits were made to sites determined that there did not appear to Subsection 36.39(c)(3) addresses where ORV use was known or reported be any need to regulate the use of camping on the refuge complex. to occur throughout the refuge complex. trailers and the regulations do not Subsection 36.39(c)(3)(i) clarifies that Photographs and narrative were used to include trailers with the understanding special use permits are required for document observed conditions. Off- that their use is not restricted. The size campsite improvements that would refuge complex sites where heavy and weight of trailers will indirectly be remain after camping ceases. Temporary recreational ORV use was known to affected by size and weight restrictions improvements, such as constructing fire occur were also visited. Damage at these on the vehicles that tow them. rings, would be allowed under these off-refuge complex sites was Subsection 36.39(c)(2)(ii) designates regulations; but permanent documented since similar damage could three trails for general public ORV use: improvements, such as leveling tent occur on the refuge complex if such use Yantarni Bay Airstrip, Yantarni Bay pads would not be allowed without a were permitted on the refuge complex. Airstrip to beach trail, and Yantarni Bay permit. The field review showed no Airstrip to oil well site trail. The Subsection 36.39(c)(3)(ii) places limits significant ORV damage. In fact, no Yantarni Bay Airstrip is an on the length of time visitors may camp impacts could be detected in two areas approximately one mile long by 250 foot at one campsite at six specific locations Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules 36579 during the fall hunting season from areas. The closed areas were designed to public review period public hearings August 1 through November 15, be the minimum necessary to meet will be held in Chignik Bay, Chignik annually. All are popular camping areas refuge complex purposes. Lake, Chignik Lagoon, Egegik, Ivanof during hunting season and conflicts Gertrude Lake is approximately one Bay, Naknek, Perryville, Pilot Point, were reported to have occurred between mile long and the entire shoreline is Port Heiden, and South Naknek, Alaska. hunting parties using these areas. The clearly visible from any place along the camping limits were selected to ensure lake. Placing a temporary facility at this Conformance With Statutory and that no one party monopolizes a prime popular hunting location would, in Regulatory Authorities hunting area and that various members effect, ‘‘privatize’’ the lake—deterring The impact of these proposed of the public can all have an others from using the area. Long Lake is regulations on subsistence uses has been opportunity to visit these locations. It is a similar situation and is also on the evaluated as required by Section 810 of not likely to cause hardship to those boundary with Katmai National Park. ANILCA. A subsistence evaluation was users as the average fall hunting trip is The airstrip at the confluence of included in the public use management seven days or less. Gertrude Lake and King Salmon River is plan environmental assessment and the Camping limits do not apply to a small undeveloped landing area. If a Regional Director found that the plan subsistence users at five of the six facility were constructed adjacent to the would not significantly restrict locations as reported conflicts have been strip, other users would likely be subsistence use on the Alaska between different parties of sport displaced from the area. Peninsula/Becharof National Wildlife hunters or sport hunters and subsistence Upper and Lower Ugashik Lakes Refuge Complex. Subsistence uses and hunters. However, in the Big Creek area, present a situation similar to Becharof access are expected to differ little, if conflicts have been reported among Lake except they are smaller and any, from existing uses. The regulations subsistence hunters. The area is located contain relatively more facilities. There are consistent with the purposes and immediately adjacent to the two largest are several parcels of private land intent of Section 810 and will result in communities in the refuge complex adjacent to the lakes and facilities no significant restrictions on area, Naknek and King Salmon. Most of present include numerous cabins, a subsistence uses. the camping is by local residents. There lodge and other private developments. These proposed regulations are is also substantial day-use by local Locating additional facilities on public consistent with the purposes for which residents engaged in subsistence lands would likely affect use and the Alaska Maritime, Alaska Peninsula activities along Big Creek. enjoyment of refuge complex resources. and Becharof national wildlife refuges Subsection 36.39(c)(4) addresses The Becharof Lake outlet area were established. A compatibility temporary facilities under authority of contains private and refuge complex determination was approved for the Section 1316 of ANILCA. Subsection lands. There are several facilities public use management plan. 36.39(c)(4)(i) provides that temporary present in this area. Becharof Lake facilities shall be authorized by special outlet is readily accessible by boats and Paperwork Reduction Act use permits. aircraft. Additional facilities would This proposed rule does not contain Under subsection 36.39(c)(4)(ii) new detract from other refuge complex uses. collections of information that require temporary facilities are prohibited The prohibition on temporary approval by the Office of Management within 1/4 mile of the Becharof Lake facilities along Big Creek is in addition and Budget under the Paperwork shoreline other than for subsistence or to the limit on camping. As stated Reduction Act (44 U.S.C. 3501 et seq.) administrative purposes. Subsistence is before, Big Creek is very close to King a purpose of the refuge complex and Salmon and Naknek and receives National Environmental Policy Act having temporary camps located by substantial day use. Temporary facilities An environmental assessment others within this subsistence use area would potentially restrict use of accompanied the draft public use would have the potential to adversely important hunting areas by residents management plan. On May 21, 1994, a affect subsistence activities of rural and visitors. Decision Notice and Finding of No residents of the area. There are currently Significant Impact was signed by the some sort of facilities, including Request for Comments Regional Director. Copies of these abandoned structures which could be A complete public involvement documents may be obtained from the used in an emergency, located every few process was conducted during the Alaska Peninsula/Becharof National miles around the 100+ mile development of the Alaska Peninsula/ Wildlife Refuge Complex, P.O. Box 277, circumference of the lake. Becharof plan and the environmental King Salmon, Alaska 99613. Telephone: Subsection 36.39(c)(4)(iii) closes five assessment that accompanied the draft (907) 246–3339. No further areas of the refuge complex to plan. As stated earlier in this document, documentation is required by the temporary facilities other than for public meetings were held in all refuge National Environmental Policy Act (42 administrative use. The Regional complex area communities, Kodiak and U.S.C. 4321–4347). Director found in the public use plan Anchorage during preparation of the that location of additional temporary draft and final public use management Economic Effects facilities would be a significant plans. Public comments received were This rulemaking was not subject to expansion of existing facilities which reviewed and considered prior to the Office of Management and Budget would be detrimental to the purposes drafting these proposed regulations. review under Executive Order 12866. In for which the unit [refuge complex] was As stated in the final public use plan, addition, a review under the Regulatory established. The proposed closed areas in addition to accepting written public Flexibility Act of 1980 (5 U.S.C. 601 et already contain a number of facilities comments regarding the proposed seq.) has been done to determine and receive relatively high levels of regulations, public hearings will be held whether the proposed rulemaking public use. It is unlikely that additional during the public comment period. All would have a significant effect on a facilities would be necessary in these relevant comments received in writing substantial number of small entities, areas and their presence would or at public hearings will be reviewed which include businesses, organizations potentially affect subsistence and and considered prior to preparing the or governmental jurisdictions. This general public access to and use of the final regulations. During the 60-day proposed rule would have minimal 36580 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Proposed Rules effect on such entities as the proposed Becharof National Wildlife Refuge Gertrude Creek between Gertrude Lake rule impacts the refuge complex only to Complex includes the Becharof National and the King Salmon River. Maps of the the extent that off-road vehicles and Wildlife Refuge, the Chignik and areas in this paragraph (c)(3)(ii) are camping are better administered. Ugashik Units of the Alaska Peninsula available from the Refuge Manager. Temporary facilities are only allowed National Wildlife Refuge and the Seal (iii) Tent camps must be moved a for administrative and subsistence Cape Area of the Alaska Maritime minimum of one mile following each purposes at particular sites. These National Wildlife Refuge. seven-night camping stay during the provisions are seen, therefore, as (2) Off-road vehicles. (i) Off-road periods specified in paragraph (c)(3)(ii) administrative in nature and having vehicles operated on the refuge complex of this section. The camping limits in little or no impact on small entities. under § 36.12(a) or paragraph (c)(2)(ii) this paragraph (c)(3)(iii) do not apply to or (c)(2)(iii) of this section are limited to References Cited subsistence users except at Big Creek three or four-wheeled vehicles with a A complete list of all references cited where they apply to all refuge complex maximum gross weight of 650 pounds users. herein is available upon request from as listed by the manufacturer. Bob Stevens (See ADDRESSES above). (ii) The following trails are designated (4) Temporary facilities. (i) New temporary facilities may be authorized Primary Author for off-road vehicle use: Yantarni Bay Airstrip; Yantarni Bay Airstrip to beach on the Alaska Peninsula/Becharof Helen Clough, Refuges and Wildlife, trail; and Yantarni Bay Airstrip to oil National Wildlife Refuge Complex by Alaska Regional Office, U.S. Fish and well site trail. Maps of the areas in this special use permit only. Wildlife Service, Anchorage, Alaska is paragraph (c)(2)(ii) are available from (ii) Except for administrative or the primary author of this proposed the Refuge Manager. subsistence purposes, new temporary rulemaking document. (iii) Subject to the weight and size facilities are prohibited within 1⁄4 mile List of Subjects in 50 CFR Part 36 restrictions listed in paragraph (c) (2)(i) of the Becharof Lake shoreline. of this section, subsistence use of off- (iii) Except for administrative Alaska, Recreation and recreation road vehicles, as authorized by § 36.12 areas, Reporting and recordkeeping purposes, new temporary facilities are (a) is allowed throughout the Alaska prohibited in the following areas: within requirements, Wildlife refuges. Peninsula/Becharof National Wildlife Accordingly, Part 36 of Chapter I of 1⁄4 mile of the shorelines of Gertrude Refuge Complex. Title 50 of the Code of Federal Lake and Long Lake; within 1⁄4 mile of (3) Camping. Camping is permitted on Regulations is proposed to be amended the airstrip on the south side of the King the Alaska Peninsula/Becharof National as follows: Salmon river approximately 1⁄2 mile Wildlife Refuge Complex subject to the above the confluence of Gertrude Creek following restrictions: PART 36Ð[AMENDED] and the King Salmon River; within 1⁄2 (i) No permanent improvements may mile of the shoreline of Upper and 1. The authority citation for Part 36 be made to campsites without a special Lower Ugashik lakes; within 1⁄4 mile of continues to read as follows: use permit. All materials brought on to the shoreline of Becharof Lake outlet; Authority: 16 U.S.C. 460(k) et seq., 668dd the refuge complex must be removed and within 1⁄4 mile of the shoreline of et seq., 742(a) et seq., 3101 et seq., and 44 upon cessation of camping unless Big Creek. Maps of the areas in this U.S.C. 3501 et seq. authorized by a special use permit. (ii) Other than reserved sites paragraph (c)(4)(iii) are available from 2. Section 36.39 Public use is the Refuge Manager. amended by adding paragraph (c) to authorized by special use permits, * * * * * read as follows: camping at one location is limited to seven consecutive nights from August 1 Dated: June 16, 1995. § 36.39 Public use. through November 15 within 1⁄4 mile of George T. Frampton, Jr., * * * * * the following waters: Becharof Lake in Assistant Secretary for Fish and Wildlife and (c) Alaska Peninsula/Becharof the Severson Peninsula area (Island Parks. National Wildlife Refuge Complex—(1) Arm); Becharof Lake Outlet; Ugashik [FR Doc. 95–17192 Filed 7–14–95; 8:45 am] Public use area. The Alaska Peninsula/ Narrows; Big Creek; Gertrude Lake; and BILLING CODE 4310±55±P federal register July 17,1995 Monday Articles; FinalRule for SubstancesUsedinFood-Contact Food Additives:ThresholdofRegulation 21 CFRPart5,etal. Food andDrugAdministration Services Health andHuman Department of Part VII 36581 36582 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations DEPARTMENT OF HEALTH AND submitted by the Society of the Plastics threshold level below which dietary HUMAN SERVICES Industry, Inc., requesting that FDA exposures to substances used in food- modify § 170.3(e) (21 CFR 170.3(e)), the contact articles are so negligible as to Food and Drug Administration regulation that defines ‘‘food additive,’’ pose no public health or safety to provide that the use of a substance concerns, the discretionary authority of 21 CFR Parts 5, 25, 170, 171, and 174 that does not result in detectable levels the Commissioner to exempt those [Docket Nos. 77P±0122 and 92N±0181] of migration into food-simulating substances that present no public health solvents (using validated analytical concerns from regulation as food Food Additives; Threshold of methods sensitive to at least 50 parts per additives, and the agency’s Regulation for Substances Used in billion (ppb)) would be exempt from consideration of the comments that it Food-Contact Articles regulation as a food additive unless received on the October 12, 1993, there is scientific evidence that the AGENCY: Food and Drug Administration, proposal, FDA is amending the food substance presents a significant risk of HHS. additive regulations to establish a harm to human health. process for determining when the ACTION: Final rule. Traditionally, FDA had been reluctant likelihood or extent of migration to food SUMMARY: The Food and Drug to adopt any of these suggestions in the of a substance used in a food-contact Administration (FDA) is amending its absence of data that clearly show that article is so trivial as not to require that food additive regulations to establish a substances present in the daily diet at the substance be regulated as a food process for determining when the concentrations at or below the proposed additive. threshold level would not pose safety likelihood or extent of migration to food As part of this process, the agency is concerns. However, data on the toxic of a substance used in a food-contact establishing two types of thresholds for effects of a large number of article is so trivial as not to require the regulation of substances used in representative compounds have become regulation of the substance as a food food-contact articles. The first type of available over the last 5 to 10 years that additive. Although still a ‘‘food threshold will exempt from regulation have made it possible for FDA to additive,’’ a substance exempted from those substances whose use in food- evaluate the feasibility of establishing a regulation under this process will not be contact articles results in a dietary required to be the subject of a food threshold of regulation for food-contact articles. These data show that concentration of the substance of 0.5 additive listing regulation. Under this ppb or less. The second type of process, information about the proposed noncarcinogenic and carcinogenic toxic effects usually occur within predictable threshold will exempt regulated direct use of the substance will undergo an food additives from regulation when abbreviated review by FDA, as opposed ranges of dietary exposure. They make it possible to identify a specific level of used in food-contact articles at levels to the extensive review normally that result in a dietary exposure of 1 required for food additives. This final dietary exposure that is well below the range of dietary exposures that typically percent or less of the acceptable daily rule also lists the criteria that FDA will intake (ADI) for the additive. use in its review in deciding whether it induce toxic effects and, therefore, that is necessary to regulate the use of a poses only negligible safety concerns. II. Comments on the Proposed Rule substance as a food additive and This level can function as the The agency provided 60 days for identifies the types of data that it will ‘‘threshold of regulation’’ for comment on the proposed rule. It need to make this determination. components of food-contact articles. A Federal court has addressed the received two requests from industry for EFFECTIVE DATE: August 16, 1995. issue of whether the use of a food- an extension of the comment period. FOR FURTHER INFORMATION CONTACT: contact material that results in The agency granted a 60-day extension Edward J. Machuga, Center for Food migration into food at insignificant of the comment period to February 11, Safety and Applied Nutrition (HFS– levels can be exempted from regulation 1994, in a notice published in the 216), Food and Drug Administration, as a food additive. In Monsanto v. Federal Register of December 13, 1993 200 C St. SW., Washington, DC 20204, Kennedy, 613 F.2d 947 (D.C. Cir. 1979), (58 FR 65139). 202–418–3085. the Monsanto Co. contended that no FDA received 20 comments from the SUPPLEMENTARY INFORMATION: detectable migration of acrylonitrile food packaging industry and trade copolymer resulted from the use of their I. Background associations that represent the plastics beverage bottles that contained the and paper industries. One of these In the Federal Register of October 12, substance, and that, therefore, the comments concerned the economic 1993 (58 FR 52719), the agency copolymer did not have to be regulated impact of the proposed action. This proposed to establish a process for as a food additive. In its decision, the comment is discussed in section IV of determining when the likelihood or court stated that the Commissioner of this document. The other issues raised extent of migration to food of a Food and Drugs (the Commissioner) in the comments, and the agency’s substance used in a food-contact article may determine that the level of response to them, are set forth below. is so trivial as not to require regulation migration into food of a particular of the substance as a food additive. The substance is so negligible as to present A. The Exemption proposal was in response to a number no public health or safety concerns and, Appropriateness of the 0.5 PPB of comments from representatives of the in such cases, may decline to define the Threshold Level for Components of food packaging and processing substance as a food additive even Food-Contact Articles industries suggesting that FDA establish though it comes within the strictly a threshold of regulation policy whereby literal terms of the statutory definition 1. Eight comments expressed the those substances used in food-contact of a food additive (613 F.2d at 956). The opinion that the 0.5 ppb threshold is articles that result in minimal migration court also stated that the Commissioner more conservative and restrictive than is into food would be exempt from has the discretion not to exercise this necessary to adequately protect the regulation as food additives. exemption authority (id.). public health. In general, these The proposal also responded to a Based on available toxicological data comments expressed the view that citizen petition (Docket No. 77P–0122) showing that it is feasible to establish a current scientific data support the Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36583 establishment of a dietary concentration pose only negligible safety concerns values. Because the carcinogenic higher than 0.5 ppb as the threshold. even if they are ultimately shown to potency of a substance is inversely The agency does not agree that a 0.5 have carcinogenic effects. related to its TD50 value, this approach ppb threshold is unduly conservative, Based on its analysis of the would give too much emphasis to especially in light of the fact that a carcinogenic potencies of 477 carcinogens with low potencies. A more substance being considered for an chemicals, and using the assumptions meaningful approach to estimating the exemption may not have been the that the distribution of carcinogenic likelihood that a substance will pose a subject of any toxicological testing. As potencies of the 477 chemicals studied potential health hazard at a given discussed in the proposed rule, are representative of all known and dietary concentration is to use the carcinogenic toxic effects in test animals unknown carcinogens, and that it is potency that it is most likely to have if typically occur at lower dietary very unlikely that an unstudied it were later found to be a carcinogen. concentrations than the levels at which compound would both: (1) Be a Because such an approach would be noncarcinogenic toxic effects occur. carcinogen and (2) have an intrinsic based on the frequency distribution of Therefore, FDA’s goal has been to carcinogenic potency far greater than the potencies of a large number of establish a threshold that is low enough the typical potency observed for the carcinogens (i.e., a distribution showing to ensure that even if an unstudied studied compounds, FDA has the number of carcinogens whose compound that is exempted from determined that, if an exempted potencies occur within particular regulation is later shown to be a substance present in the diet at 0.5 ppb dietary concentration ranges) and would carcinogen, its use would not have were later found to be a carcinogen, the not be based on the magnitude of the represented any more than a negligible upper-bound lifetime risk resulting from potencies themselves, this approach risk to the public health. the use of the substance is likely to be would not give undue weight to Although eight comments were below one in a million. This level of risk carcinogens with low potencies (i.e., received that expressed the opinion that is generally regarded as very low (i.e., high TD50 values). the 0.5 ppb threshold is more one that poses only negligible safety In arriving at a threshold of conservative and restrictive than is concerns). Because carcinogenic effects regulation, FDA’s analysis of the necessary to adequately protect the typically occur at lower dietary potencies of 477 animal carcinogens public health, no data were provided in concentrations than those at which consisted in part of grouping them by any of these comments to show that a noncarcinogenic toxic effects occur, an dietary concentration ranges (Ref. 1). threshold significantly higher than 0.5 0.5 ppb threshold would ensure that The agency plotted the potencies as a ppb is adequate to ensure that substances that pass under it pose probability distribution on a substances present in the diet at or negligible safety concerns from semilogarithmic scale and found that below the threshold would pose only noncarcinogenic toxic effects as well. they formed a bell-shaped distribution negligible safety concerns. Therefore, as However, the fact that a 0.5 ppb curve. Using this probability proposed, this final rule establishes 0.5 threshold level happens to be 200, distribution for carcinogenic potencies, ppb as the threshold of regulatory rather than a 100, times lower than the FDA determined that most known concern for substances used in food- chronic exposure level at which potent carcinogens pose less than one in a contact articles. We will reconsider this pesticides induce noncarcinogenic toxic million upper-bound lifetime risk if threshold if we receive new data that effects is merely coincidental and does present in the daily diet at 0.5 ppb or justify a higher level. not reflect the agency’s reasoning.1 less. 2. One comment objected to the 3. One comment expressed the 4. One comment expressed the view agency’s apparent use of a 200-fold opinion that the threshold should have that it was unlikely that a given safety factor when applying to humans 2 packaging material would be present in been based on the mean TD50 value of the results of studies showing the the 477 known carcinogens that were the daily diet over the course of a noncarcinogenic toxic effects observed the subject of FDA analysis as opposed lifetime. It asserted that, therefore, FDA in animals subjected to chronic should not have based its threshold on to the most probable TD50 value. This chemical exposure. The comment stated comment stated that the use of a mean potential lifetime carcinogenic risks. that FDA guidelines employ only a 100- Because of the changing technology TD50 would allow FDA to establish a fold safety factor. The comment argued associated with the food-packaging threshold significantly higher than 0.5 that the use of the 100-fold safety factor industry, FDA agrees that is not always ppb. would allow FDA to establish a possible to predict whether a given type FDA does not agree that it is threshold of regulatory concern higher of packaging material is likely to be appropriate to establish a threshold than 0.5 ppb. present in the daily diet over the course level based on the mean TD50 value of The agency emphasizes that it did not of a lifetime. However, because many of the 477 known carcinogens that were base its proposed threshold on the substances considered for an the subject of FDA’s analysis because noncarcinogenic toxic endpoints, and exemption from regulation will not have this approach would give inappropriate that, therefore, it did not employ the been the subject of any toxicological weight to carcinogens with high TD safety factor approach typically used 50 testing, it is imperative, in establishing when applying to humans the results of a threshold level, to use an approach 1 The agency typically uses a 100-fold safety studies showing the noncarcinogenic factor when applying to humans the results of that is not likely to underestimate the toxic effects observed in animals animal data obtained from long term exposure to a risk associated with the use of such subjected to chronic chemical exposure. chemical (i.e., 2-year chronic feeding studies). Short additives. Therefore, the agency used an Because carcinogenic effects typically term toxicological testing (i.e., 90-day subchronic approach that assumed that a given feeding studies) may not always be long enough to occur in test animals at lower dietary show all of the toxic effects that may be induced packaging material would be present in concentrations than those at which by long term exposure to a chemical, and, therefore, the daily diet for an entire lifetime. noncarcinogenic toxic effects occur, as in such cases, FDA often uses higher safety factors Lifetime upper-bound risks have stated above, FDA’s goal was to (1000-fold to 2000-fold). traditionally been used by FDA to assess 2 The TD50, for the purposes of this regulation, is establish a threshold that is low enough the feeding dose that causes cancer in 50 percent the overall safety of packaging materials to ensure that substances that are of the test animals when corrected for tumors found containing small amounts of exempted from regulation under it will in control animals. carcinogenic impurities, and the agency 36584 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations believes that it is appropriate to use a in food-contact articles will pose only most substances. Even for these five similar approach in assessing the negligible health concerns. pesticides, none exhibited toxic effects likelihood of potential carcinogenic 6. Three comments suggested that at dietary concentrations below 100 effects associated with substances FDA establish a higher threshold for ppb. These results suggest that it may be exempted from regulation. Based on its compounds that do not possess feasible to establish a separate threshold analysis of the potencies of 477 known structural concerns (i.e., that do not for substances that have been carcinogens and the lifetime upper- possess structural similarities to known appropriately tested and found not to be bound risks that they would pose if carcinogens). carcinogens. Such a threshold would present in the daily diet over a lifetime, In general, the principle behind the likely be well below the level at which FDA has determined that a substance use of quantitative structure activity noncarcinogenic toxic effects are likely present in the daily diet for a lifetime at relationships is that the analysis of the to occur but higher than the 0.5 ppb 0.5 ppb would pose only negligible risk toxicity of a large number of compounds threshold that FDA is establishing to even if it were later shown to be a of known structure enables one to minimize the risk from potential carcinogen. Because of the predict the relative toxicity of unstudied carcinogens. FDA is not establishing a conservatisms used by the agency in its compounds based on the degree of separate threshold for noncarcinogenic approach to determining a threshold similarity in chemical structure to substances at this time, however, level, FDA is confident that an studied compounds. While FDA may because the number of chemicals, exempted substance present in the daily use structure activity relationships to particularly pesticides, that have been diet for a lifetime at 0.5 ppb would pose ascertain whether there is a basis to analyzed is not sufficient to ensure that no regulatory concern. suspect that a substance is a carcinogen, the results of this analysis are 5. Four of the comments knowledge about such relationships is representative of substances used in the recommended that FDA establish a not reliable enough at this time to justify manufacture of food-contact articles. An higher threshold for substances that reliance on an analysis of them to analysis of the dietary concentrations at have been shown to be nonmutagenic or establish a higher threshold of which a large number and a wide 3 to have relatively high LD50 values. For regulation for some compounds. The variety of potent toxicants, such as example, one comment recommended comments did not submit any evidence pesticides, exhibit noncarcinogenic that for substances that have been to support a contrary conclusion. toxic effects is needed before FDA can shown to be nonmutagenic and to have 7. Three comments recommended that determine whether establishment of a the threshold be raised for compounds LD50 values greater than 2,000 threshold significantly higher than 0.5 milligrams per kilogram (mg/kg), the that have been shown to be ppb for noncarcinogenic substances is threshold should be raised to 5 ppb. noncarcinogenic. For example, one justified. comment recommended that the FDA agrees with these comments that Appropriateness of the 1-Percent ADI it may be possible to establish separate threshold be raised to 100 ppb for substances that have been shown to be Threshold for Regulated Direct thresholds for compounds that have Additives been the subject of toxicological tests negative in 2-year bioassays. that show that they are nonmutagenic, FDA agrees that it may be possible in 8. One comment recommended that the future to establish a threshold higher or that they have high LD50 values. once the final rule has been established, However, a direct correlation will need than 0.5 ppb for substances that have and the policy has been put into to be firmly established showing that been shown to be noncarcinogenic practice for a time, FDA should reassess such compounds, if carcinogenic, are based on results obtained from the 1 percent of the ADI threshold for likely to be less potent than those that appropriate 2-year bioassays. As regulated direct food additives used in have been shown to be mutagenic or to discussed above, carcinogenic effects in food-contact articles to see whether this test animals typically occur at lower threshold can be raised. have lower LD50 values. Such a correlation would provide confirmation dietary concentrations than do As stated in the proposal, a 1-percent noncarcinogenic toxic effects. Therefore, that a substance that has been shown to ADI threshold for regulated direct food FDA proposed to establish 0.5 ppb as be nonmutagenic or to have a high LD additives used in food-contact articles is 50 the dietary concentration threshold value poses a significantly lower risk appropriate because this level of dietary because this level is low enough to from potential carcinogenic effects exposure will contribute only a small preclude the likelihood of all but fraction of the ADI of a substance and, when present in the daily diet at the negligible risk even if an unstudied therefore, will be well within the margin same level than one that has been compound is later shown to be a of safety for those direct food additives shown to be mutagenic or to have a low carcinogen. In the case of with small cumulative dietary LD50 value. The correlation between mutagenicity noncarcinogens, however, the threshold exposures. For substances with high or acute toxicity and carcinogenic of regulation could be based solely on cumulative dietary exposures resulting potency is the subject of ongoing FDA the level at, and below which, from regulated direct food additive uses, analysis. If the results of FDA’s analysis noncarcinogenic toxic effects are a level of exposure that is 1 percent of confirm that the likelihood that a unlikely to occur. the ADI would be within the margin of As stated in the proposed rule (58 FR substance poses a significant risk from error for the estimated daily intake. It 52719 at 52722), FDA’s analysis of the potential carcinogenic effects is would, therefore, not significantly affect data on 18,000 acute oral feeding significantly lower when that substance the cumulative dietary exposure, even studies in rats and mice found that all has been shown to be nonmutagenic or in the event that a particular substance of the acute toxic effects occurred above is granted exemptions for several to have a high LD50 value, it may be 1,000 ppb. The results of 2-year chronic possible to establish a threshold for different types of uses in food-contact oral feeding studies on 220 compounds such substances that is higher than 0.5 articles. have shown that only 5 of the 220 The agency would like to emphasize ppb but that still ensures that their use chemicals exhibited toxic effects below that no comments were received that 3 1,000 ppb, and that all 5 of these expressed any safety concern about the The LD50 is the dose in acute feeding studies that causes lethality in 50 percent of the test chemicals were pesticides, compounds 1 percent of the ADI threshold. As for animals. that are expected to be more toxic than raising this threshold above the 1- Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36585 percent ADI level, FDA’s main concern FDA disagrees with the comment’s latter circumstances that it is fair to say is with those cases in which a particular suggestion that the agency provide that, given the purposes of the Federal substance may be granted exemptions guidelines for the calculation of Food, Drug, and Cosmetic Act (the act), for a number of different types of new appropriate ADI’s for review under the the use of the substance is of no uses, each of which results in a dietary process specified in this final rule. significant regulatory concern, and thus exposure at or near the threshold level. Regulated direct food additives for the use can be exempted from regulation In such cases, the dietary exposure which an appropriate ADI does not exist under the food additive provisions of resulting from all of the exempted uses are not suitable candidates for an the act. In light of the purposes of the could represent a significant increase in abbreviated review under the threshold food additive provisions, however, FDA the cumulative dietary exposure for the of regulation process. This process is concludes that it is not appropriate to substance and, in cases where the not appropriate for reviewing extend the threshold of regulation estimated dietary intake from currently submissions containing detailed toxicity concept to substances intended for regulated uses is close to the ADI, may studies on a substance for the purpose direct use in food. not be supported by existing safety data. of calculating an ADI value or for 11. One comment expressed the It is possible, however, that once the verifying an ADI value calculated by the opinion that the proposed regulation is threshold of regulation process is put requestor. Such extensive reviews are unduly restrictive for the use of into practice, other factors will surface better handled by the food additive regulated direct food additives in food- that mitigate the agency’s concerns on petition process. contact articles when the direct additive this issue. If the latter situation proves 10. One comment recommended that does not have any specific use level to be the case, the agency may find it FDA expand the proposed threshold of restrictions. An example of the type of appropriate to reassess the 1 percent of regulation process for regulated direct situation raised by the comment would the ADI threshold for regulated direct food additives to include exemptions for be flavoring agents where the level of food additives used in food-contact direct uses in food, provided the dietary their use in food would be self limiting articles. exposures from such uses do not exceed (i.e., use at high levels would make the 9. One comment recommended that 1 percent of the ADI. The proposed rule food unpalatable, and, therefore, FDA FDA publish or otherwise make limited such exemptions to only those did not find it necessary to impose available the ADI’s for currently uses that may result in their indirectly specific maximum use levels as part of regulated direct food additives. In cases becoming components of food (i.e., the regulations authorizing the use of where such ADI’s are not readily resulting from their use in food-contact such substances). The comment available, FDA should consider other articles). emphasized that, because of the time sources (e.g., the European Union’s FDA does not agree that the final rule required to obtain FDA approval (as a Scientific Committee for Foods) or should be expanded in this manner. result of FDA’s current backlog of work), provide guidelines for the calculation of There is a fundamental difference in the consumer’s access to new packaging appropriate ADI’s. regulatory significance between technologies is often delayed. Not FDA agrees that the ADI’s for substances that are deliberately added requiring premarket approval of such currently regulated direct food additives directly to food to accomplish a substances would save FDA resources, should be made more readily available. technical effect in the food and reduce the backlog of work, and enable Therefore, FDA plans to incorporate this substances that are used in food-contact the consumer to have quicker access to information into its priority based articles in a manner such that they may new packaging formulations. assessment of food additives (PAFA) reasonably be expected to become The comment argued that, based on data base and make this data base components of food indirectly and to the extremely small levels of dietary accessible to the public (Ref. 2). In the have no technical effect in that food. exposure that would result from the use meantime, requestors can obtain this The purpose of the food additive of direct additives in food-contact type of information on a specific provisions of the act is to ensure that articles, particularly in comparison to substance by submitting a written substances added to food are safe and the levels of exposure that result from request to FDA’s Office of Premarket will have their intended technical effect the direct uses of these substances, and Approval (HFS–200, 200 C St. SW., in the food that is to be consumed (S. based on the fact that direct food Washington, DC 20204). In some cases, Rept. 2422, 85th Cong., August 18, additives have been the subject of especially for those uses of direct 1958). Thus, given this purpose, there extensive safety testing, FDA should additives that result in low dietary simply would not be circumstances in modify § 174.5(d) (21 CFR 174.5(d)) to exposures such as flavoring agents, FDA which a direct additive would be of allow those direct food additives that may not have an ADI in its files. such little regulatory concern as to are regulated without specific use level Therefore, in those relatively few cases justify application to it of the de limitations to be used as components of where FDA does not have an minimis 4 doctrine that underlies the food-contact articles. The comment appropriate ADI for a regulated direct threshold of regulation concept (see asserted, however, that four restrictions food additive, the agency would Monsanto v. Kennedy, supra). For on such use were appropriate: (1) The consider the use of an ADI value from indirect food additives, in contrast, the use of the substance in a food-contact another appropriate source, such as the substance is being used for its technical article must not result in a dietary exposure that exceeds 1 percent of the Joint World Health Organization/Food effect in a food-contact article, not in an and Agriculture Organization (WHO/ ADI for that substance; (2) the use level article that will itself be consumed. FAO), Expert Committee on Food Moreover, on occasion, it is must not exceed good manufacturing Additives, or the European Union’s foreseeable that, while the exact amount practice (GMP) or that necessary to Scientific Committee for Foods, of an indirect additive that will get into accomplish the intended technical assuming that the data or other food is unclear, it will not exceed an effect; (3) the substance must be of a information on which that ADI value is extremely small amount. It is in the purity suitable for the intended use; and based are also available. FDA is revising (4) the technical effect for such proposed § 170.39(a)(2)(ii) to state that 4 This doctrine is expressed in Latin as de additives must be as a formulation aid FDA may use other appropriate sources minimis non curat lex (the law does not concern or some other technical effect for which for ADI values. itself with trifles). the substance has been listed as a direct 36586 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations food additive (e.g., a substance (if the dietary exposure is likely to be carcinogenic additive is deemed to be approved for use as a stabilizer and greater than 1 percent of the ADI) or as unsafe, no matter how low the exposure thickener in food would be allowed to a request for an exemption from to the additive or how low the risk from be used as a stabilizer and thickener in regulation (if the dietary exposure is the additive (see Public Citizen v. the manufacture of food-contact likely to be below the 1-percent ADI Young, 831 F.2d 1108, 1122 (D.C. Cir. articles). The comment cited FDA’s threshold of regulatory concern). 1987), cert. denied, 485 U.S. 1006 approach to handling generally Another agency concern with the (1988)). Given these facts, FDA has recognized as safe (GRAS) substances as recommended approach is that some of formulated the threshold of regulation a precedent for this approach. Under 21 the direct food additives may also have regime to exempt substances from CFR 186.1(a), ingredients affirmed as been regulated at a time when FDA did regulation as food additives based on GRAS for direct use in part 184 (21 CFR not conduct reviews on the possible the level of dietary exposure but has part 184) are also affirmed as GRAS for environmental effects resulting from conditioned that exemption on such use as indirect human food ingredients such uses. (FDA regulations for substances not having been shown to be in accordance with § 184.1(a). considering the environmental effect of carcinogens. No other approach would The agency notes that the issue raised its actions in accordance with the be consistent with the act. by this comment is outside the scope of National Environmental Policy Act 13. Three comments recommended the proposed threshold of regulation (NEPA) were established on March 15, that FDA clarify whether companies can process. The comment is about whether 1973.) It may be possible that the make their own threshold of regulation the uses in question should be approved manufacture, use, and disposal of food- determinations. The comments stated as food additive uses, not about whether contact articles containing regulated that, in those cases where the use of the they should be exempted from direct food additives may have an substance meets the definition of a regulation under the food additive adverse impact on the environment. ‘‘food additive’’ in section 201(s) of the provisions of the act. Therefore, the potential environmental act (21 U.S.C. 321(s)), individual Although outside the scope of this effects resulting from the intended use manufacturers should be able to make rulemaking, FDA would like to of a direct food additive in a food- their own determination as to whether comment on the merits of the approach contact article need to be evaluated by the use of a substance in a food-contact recommended in this comment because FDA either as part of a review of a article meets the criteria for an the agency is always interested in petition or as part of a review of an exemption from regulation. One of the evaluating ways that may help it to exemption from regulation request. comments requested that the agency’s more effectively implement the food Further discussion of this issue is found position on this issue be explicitly additive provisions of the act. FDA’s later in this final rule in the agency’s stated in the final regulations. main concern with the recommended response to comments 28 and 29. According to Monsanto, only the approach is that those direct food For the reasons listed above, FDA has Commissioner has the statutory additives that are regulated without concluded that the use of a regulated authority to exempt a substance from specific use level limitations, and which direct food additive in a food-contact regulation as a food additive. A meet the other restrictions specified in article should either be the subject of a substance that meets the definition of a this comment, could be used as specific food additive regulation food additive in section 201(s) of the act components of food-contact articles authorizing such use or be exempted must, therefore, either be the subject of without any further safety review by from regulation as a food additive by a regulation authorizing its use or be FDA. Although it is true that the dietary FDA under the procedures specified in exempted from regulation by FDA under exposure resulting from the use of a this final rule. Application of the Food the process specified in new § 170.39, substance added directly to food is Additive Definition unless the use of the substance usually much higher than that resulting 12. Two comments expressed the conforms to an exemption for from the use of that substance as a opinion that the Monsanto decision investigational use issued under section component of a food-contact article, the gives FDA the flexibility to consider 409(i) of the act. existing safety data in FDA files used to those substances migrating out of food- From a policy standpoint, the support the direct additive use may not contact articles in trivial amounts not to procedure outlined in this final rule, always be adequate to support even a be food additives. These comments whereby FDA makes all exemption modest increase in the dietary exposure went on to say that the Delaney Clause decisions, offers a number of advantages resulting from its use as an indirect food (section 409(c)(3)(A) of the act (21 over an approach that allows individual additive. U.S.C. 348(c)(3)(A)), which prohibits the manufacturers to make their own Some direct food additives have been use of known carcinogens as food threshold of regulation decisions. One regulated for uses in which only a additives, would therefore not apply. advantage is that the agency’s narrow margin exists between the FDA disagrees with the comments. It determination as to whether a substance cumulative estimated dietary exposure is true that Monsanto stated that the used in a food-contact article meets the and the acceptable dietary exposure. Commissioner has discretion to criteria for an exemption from Many other direct additives have been implement the statutory scheme regulation as a food additive will be regulated for uses for which, initially, established by the Food Additives binding on the agency. Thus, the margin between the estimated daily Amendment, and that this discretion manufacturers of food-contact articles intake and the ADI was reasonably includes the option of declining to will be able to rely on these broad, but as the substance has been define a substance as a food additive determinations and market their subsequently regulated for other uses, (613 F.2d at 956). However, the court products without fear of regulatory the margin has become quite narrow. also said that the Commissioner’s action. Because existing safety data may not be discretion is limited (id.). The This approach also will result in more adequate to support the use of direct Commissioner’s exercise of discretion consistent decisions. Qualified experts additives as components of food-contact must be consistent with the statutory may disagree on what specific articles in all cases, such uses must be scheme. He cannot exercise his assumptions are appropriate for evaluated on a case by case basis, either discretion to vitiate that scheme. Under estimating the dietary concentrations as the subject of a food additive petition the Food Additives Amendment, a resulting from the use of substances in Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36587 food-contact articles. Thus, allowing petition is filed, and the substance is materials manufactured from the same individual manufacturers to make their listed for use in FDA’s regulations. It monomer but having significantly own determinations would increase the will also set out the reasons for FDA’s different molecular weights would likelihood of inconsistent decisions. decision to revoke the exemption, belong to the same class of chemicals For example, in cases where there is thereby providing manufacturers with but would be expected to have different no detectable migration into food or the opportunity to submit relevant data migration properties. Similarly, the food simulants, or when no residual to the agency and to request that the intrinsic toxic potencies for chemicals level of a substance is detected in the exemption be reinstated. within a certain class may vary food-contact article by a suitable FDA does not believe, however, that significantly. For example, the analytical method, the validated it would be practical to routinely polychlorinated dibenzo-p-dioxins are a detection limit of the method used to provide notice in the Federal Register of class of 75 congeners that exhibits a analyze for the substance would need to its intent to revoke an exemption. Such wide range of toxicity depending on the be considered in order to estimate the a process would only unduly delay and degree of chlorination and the location dietary concentration from the intended burden the revocation process. It would of the chlorine atoms within the use. Qualified experts may disagree not be inconsistent with the intent of the chemical structure. As a result, the only on the specific numeric value for threshold of regulation process to likelihood that a substance poses a this detection limit but also on what minimize the use of agency and health hazard is not necessarily percentage of the detection limit should industry resources for those substances determinable based on the information be used in such situations to estimate whose use in food-contact articles poses about the toxicity of other chemicals actual migration (e.g., 100 percent only negligible safety concerns. that are in the same class. In addition, versus 50 percent). Qualified experts Accordingly, FDA is revising § 170.39(g) it would be difficult to predict the may also disagree on the appropriate to make clear that the agency plans to environmental impact that would result consumption factor to use in estimating provide notice in the Federal Register from the manufacture, use, and disposal dietary concentrations. Different after it has decided to revoke an of all substances within a class based on conclusions on the environmental exemption issued for a specific use of a the impact of one or two chemicals. effects resulting from the use of a food- substance in a food contact article. Therefore, FDA does not believe that it contact article may also arise from such FDA has decided, however, not to is possible, based on the review of one independent determinations. The include in § 170.39 a statement that only or more compounds within a given agency believes that having all such the Commissioner can make threshold class, to justify an exemption for all exemption decisions made by a review of regulation determinations. It is not other chemicals belonging to the same team consisting of a small number of the agency’s usual practice to enumerate class. agency personnel will help lessen the in its regulations those regulatory For the foregoing reasons and because likelihood of inconsistent decisions on decisions that are reserved to the the dietary concentration of a specific these matters. agency. Therefore, the agency is not chemical is dependent on the Having such determinations made by doing so here. conditions of its use (e.g., type of use, FDA will also mean that the agency will Scope of the Exemption temperature, food type, and contact have more complete information on time), FDA concludes that to adequately what materials industry is actually 14. Two comments recommended that safeguard the public health, it is using in food-contact articles. As a FDA expand its proposed threshold of necessary to limit exemptions under result, FDA will be able to make more regulation to enable the agency to § 170.39 to those conditions of use of a informed decisions in the event that exempt entire classes of compounds. chemical that it has evaluated. data become available that raise Under the scheme suggested by these 15. One comment recommended that significant concerns about whether the comments, FDA would review one or rather than require a submission for continued use of a component of a food- more compounds within a given class, each chemical and each proposed use, contact article is safe. and, if it determined that these FDA should publish guidelines based Although only the Commissioner of individual chemicals qualified for an on categories of uses that would provide FDA has the statutory authority to exemption, the agency would exempt all performance standards that could be exempt a substance from regulation as a of the chemicals within the class. One used by manufacturers to guide food additive in those cases where the of these comments expressed the view customers on how to stay below the use of the substance meets the ‘‘food that many manufacturers do not use threshold exposure. additive’’ definition in section 201(s) of their proprietary chemicals for food- As discussed earlier, the dietary the act, FDA emphasizes that nothing in contact applications because of FDA’s concentration resulting from the use of this final rule limits the use of a requirement that they be regulated a substance in a food-contact article may substance exempted by FDA from based on their chemical identity, and vary considerably depending on the regulation to only the manufacturer who that the use of such an approach would type of use and the conditions of use. submitted the request for an exemption. remove impediments that stifle Therefore, it would not be feasible to Other manufacturers may use exempted innovation in the food industry. establish guidelines for use with respect substances in food-contact articles as FDA disagrees with this approach for to all possible food-contact articles long as the conditions of use (e.g., use a number of reasons. Because the level under all possible conditions. levels, temperature, type of food of migration, and resulting dietary Interpretation of such complicated contacted, etc.) are those for which the concentration, of the chemical depend guidelines by individual manufacturers exemption was issued. on both its molecular weight and and customers would inevitably lead to Consistent with this fact, FDA plans chemical properties, it would be confusion and inconsistencies. to give general notice by means of the impossible to predict whether the use of The process specified in this final Federal Register, should it ever decide all compounds within a class would rule, as part of which a small team of to revoke an exemption. The notice will result in dietary concentrations below agency personnel will review each state that continued use of such a the threshold based on the migration request for an exemption, will result in substance would constitute the use of an properties of just one or two sample more consistent decisions. Having all unapproved food additive, unless a chemicals. For example, polymeric such determinations made by FDA 36588 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations using the process specified in the final 18. Two comments requested that material and has established specific rule should also result in the agency FDA clarify how the presence of a conditions under which the material having more complete information on ‘‘barrier’’ (one that would limit the would indeed function as a barrier. In what substances are being used in food- migration of a packaging substance into these cases, the agency will be able to contact articles. This information will food) would be factored into threshold make decisions on similar constructions permit the agency to take action in the of regulation decisions. In particular, in the absence of any additional event that data become available that the comment asked whether, in cases extraction studies, as long as the raise significant questions as to whether where there is a functional barrier, and conditions of use do not differ the continued use of a substance in a no migration can be detected, FDA significantly from those the agency food-contact article is safe. would still consider the validated reviewed. 16. One comment stated that the 0.5 detection limit of the method used to 19. One comment inquired as to ppb threshold was too low for the use analyze for the substance in its dietary whether the final rule establishing a of pigments in food-contact articles exposure estimate. threshold of regulation for substances because such pigments are less toxic The key factor in FDA’s decision to used in food-contact articles will be than other chemicals. Because these grant an exemption from regulation for applicable to regulated direct animal pigments are relatively insoluble, they a substance used in a food-contact feed additives that are intended to be would also have lower bioavailability. article is whether the dietary used as components of articles that may FDA does not believe that it is feasible concentration of the substance resulting contact animal feed (i.e., indirect animal to establish specific thresholds of from its use is below the threshold. feed additives). regulation for each of the many types of Thus, if the presence of a functional This final rule will allow those chemicals used in food-contact articles. barrier limits the migration of the substances exempted under § 170.39 to Such an approach, with many different substance into food such that the be used in articles contacting animal thresholds, would be cumbersome. resulting dietary concentration is below feed as long as the intended conditions Moreover, as discussed in a previous the threshold, FDA will grant an of use of the substance are those for comment, the toxicological properties of exemption for the intended use of that which the exemption was issued. This chemicals within a class can vary substance, provided that the other result follows from §§ 174.6 and greatly. Therefore, it would be criteria specified in this final rule are § 570.14 (21 CFR 570.14) of FDA’s extremely difficult to establish a single met. regulations. Under § 174.6 Threshold of threshold for all the chemicals within a In most cases, the effectiveness of a regulation for substances used in food- given class. Because of this difficulty, material to act as a barrier to migration contact articles, FDA will exempt FDA is not taking any action in response will depend not only on the physical substances from regulation as food to this comment. and chemical properties of the barrier additives whose use in food-contact The agency believes that it may be material and the potential migrant but articles meet the criteria in § 170.39. feasible in the future to establish a also on the thickness of the barrier layer Authority to use substances exempted higher threshold based on a substance’s and the conditions of use (e.g., under § 174.6 in articles contacting toxicological properties rather than temperature, food type, contact time). animal feed is set out in § 570.14 based on its type or on the class of Therefore, it is usually not possible to Indirect food additives resulting from chemicals to which it belongs. For draw any conclusions regarding the packaging materials for animal feed and example, as discussed in a previous effectiveness of a barrier material in the pet food, which states that the comment, it may be possible in the absence of migration data. In such cases, regulations providing for the use of future to establish separate thresholds requests for exemptions from the food food-packaging materials in parts 174 for substances that either have been additive regulations would need to through 179 (21 CFR parts 174 through shown to be noncarcinogenic by contain data showing that the barrier 179) are applicable to packaging appropriate 2-year bioassays or, based material precludes all but minimal materials used in animal feed and pet on the results of short-term toxicity migration of the substance into food food. testing (e.g., mutagenicity and acute oral (i.e., the resulting dietary concentration Moreover, in cases where the feeding studies), are likely to have a low is at or below the threshold). FDA will exemption request concerns the use of carcinogenic potency if they are, in fact, consider the validated detection limit of a substance in an article that is used carcinogenic. the method used to analyze for the only in contact with animal feed, the 17. One comment requested that FDA substance in arriving at its dietary criteria used by FDA to determine specifically address whether biocides exposure estimate. whether an exemption from regulation would be eligible for consideration There are a number of specific is warranted will be those specified in under the threshold of regulation situations, however, where FDA would new § 170.39. Because § 570.14 contains regime. Because such substances must not require data to show that a barrier a cross-reference that includes § 174.6, be registered with the Environmental material precludes all but minimal in accordance with that provision, FDA Protection Agency (EPA) in accordance migration of the substance into food. For can review a request for exemption of a with the Federal Insecticide, Fungicide example, some packaging materials such substance used only in contact with and Rodenticide Act (FIFRA) (7 U.S.C. as aluminum foil, when used as the animal feed under § 170.39. 136 et al.), and must undergo an inner layer of laminates, have been Sections 170.39, 174.6, and 570.14, extensive review for safety and efficacy, generally recognized as being able to however, will not provide for the use in the comment stated that biocides are provide an effective barrier to migration articles contacting animal feed, at a well suited for an abbreviated review of the outer layer components into food level that is 1 percent or less of their under FDA’s threshold of regulation under a variety of conditions. In such ADI, of substances that are currently process. cases, it would not be necessary for the regulated for direct use in animal feed As long as the criteria specified in this requestor to carry out and submit in part 573 (21 CFR part 573). To final rule are met, FDA will grant extraction studies designed to show the provide for such a review, FDA will exemptions from regulation as food effectiveness of the barrier layer. have to adopt a regulation similar to additives for biocides that become Another example involves those cases § 170.39 that applies to direct animal components of food-contact articles. in which FDA has reviewed the barrier feed additives that have not been Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36589 regulated for direct addition to human parties. However, FDA does not believe manufacturers may make their own food. However, such a regulation is that it is necessary or appropriate to determination as to whether the use of outside the scope of this rulemaking and include this information in the Code of a substance in a food-contact article would require a separate proceeding. Federal Regulations (CFR). The agency meets the ‘‘food additive’’ definition in considers it appropriate to make this section 201(s) of the act and Application of the Exemption information available in a manner recommended that FDA explicitly state 20. One comment inquired whether similar to that which FDA uses with this fact in the final regulation. exempted substances may be used in respect to the contents of food additive In response to this comment, FDA contact with all types of food. petitions. For food additive petitions, would like to reaffirm its position that Because the dietary concentration FDA generally describes the information nothing in the regulatory scheme resulting from the use of a substance in that must be submitted in part 171 (21 presented in this rule would prevent a a food-contact article is dependent on CFR part 171) of its regulations and company from making its own the type of food with which it comes in maintains more detailed guidelines that determination that a particular use of a contact, the use of a substance in an are available from the agency upon substance does not meet the definition article contacting one type of food may request. While FDA publishes of a ‘‘food additive’’ in section 201(s) of result in a dietary concentration below modifications in the CFR only annually, the act. However, as noted in the the threshold, while the use of the same it can modify guidelines whenever proposal, companies make such material in contact with another type of necessary, thereby providing requestors determinations at their own risk. If the food may not. Therefore, FDA will limit with up-to-date guidance. This agency learns of the use of a substance exemptions to those conditions of use flexibility in modifying detailed from, for example, a competitor and warranted by the available data. guidelines is needed to take into reaches a different conclusion than the company, the agency may take B. The Regulation account ongoing advances in the development of food-contact articles regulatory action against the substance 21. One comment recommended that and in the methodologies used to as an unsafe food additive or against the FDA revise the language in quantify migration of components of company that makes the substance for § 170.39(a)(1) to make clear whether the such articles into food. introducing an adulterated food into phrase ‘‘there is no reason, based on the Therefore, FDA is adding § 170.39(h), interstate commerce. Therefore, in cases chemical structure of the substance, to which states that guidelines to assist where it is not clear whether the use of suspect that the substance is a requestors in the preparation of a food-contact article meets the ‘‘food carcinogen’’ refers to impurities within submissions seeking exemptions from additive’’ definition, FDA recommends the substance or the substance itself. the food additive regulations are that manufacturers seek a determination FDA agrees with this comment and is available from FDA’s Office of under the procedures specified in this revising proposed § 170.39(a)(1) to make Premarket Approval (HFS–200), 200 C rule to avoid the possibility of it clear that the phrase ‘‘there is no St. SW., Washington, DC 20204. regulatory action. reason, based on the chemical structure Because it is not practical to provide FDA does not believe, however, that of the substance, to suspect that the guidelines that would cover all of the it is appropriate to address this issue in substance is a carcinogen’’ refers only to possible topics associated with these the regulation. The issue raised by the the substance itself. types of submissions, this final rule comment applies generally to FDA’s 22. One comment recommended that encourages interested parties to obtain application of the ‘‘food additive’’ FDA revise the language in proposed specific guidance from FDA on the definition in section 201(s) of the act. § 170.39(c)(1) to make clear that the protocols to use in obtaining extraction This rulemaking concerns only the threshold of regulation process. description of the chemical composition data, on the validation of the analytical Therefore, the question of whether, and of the substance for which the request methods used to quantify migration how, to incorporate into FDA’s is made should include, whenever levels, on the procedures to use to relate regulations the statement that the possible, the name of the chemical in migration data to dietary exposures, and comment seeks is outside the scope of accordance with current chemical on any other issue not specifically this rulemaking. abstracts service (CAS) nomenclature covered in FDA’s guidelines. 26. Seven comments recommended guidelines and a CAS registry number if FDA formerly proposed to announce that the agency establish a time limit for available. the availability of guidelines in reviewing and responding to requests FDA agrees with this comment and § 170.39(c)(4)(v) because the guidelines for exemptions from regulation as food has revised proposed § 170.39(c)(1) were meant to focus on questions additives to ensure timely responses. accordingly. associated with the dietary 23. One comment recommended that Two of the comments suggested specific concentration resulting from the the word ‘‘substance’’ in proposed time limits of 60 and 90 days. intended use of a substance in a food- § 170.39(c)(4)(ii) and (c)(4)(iii) should The agency agrees that such reviews contact article. However, the agency refer to the singular case for should be carried out in a timely believes it is more appropriate to consistency. manner. Timely review will mean that include such language as part of FDA agrees and has made the changes manufacturers and suppliers of § 170.39(h) to emphasize that interested that respond to this comment in this substances that are exempted from parties may seek guidance on any issue final rule. regulation as food additives will be able 24. One comment recommended that involving exemption requests. to market their products much more the regulation define in detail the types Therefore, FDA is revising § 170.39 to quickly than has been the case. Timely of information required by FDA in include this provision and has deleted review will also mean that submissions requesting exemptions proposed § 170.39(c)(4)(v). manufacturers and suppliers of from the food additive regulations. C. Procedural Issues substances that are not exempted will FDA agrees that a detailed description receive prompt notice of the need to file of the information that needs to be Obtaining an Exemption a food additive petition. included in a request for an exemption 25. One comment commended FDA A pilot study carried out by FDA should be readily available to interested for its statement in the preamble that showed that such reviews can usually 36590 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations be completed within 3 to 4 months as The agency is currently reevaluating (NEPA) (42 U.S.C. 4321). Under NEPA, compared to the 1 to 2 years typically its environmental regulations under an agency action must include a required for indirect food additive NEPA, and is committed to expanding consideration of the environmental petitions. The agency is concerned, the list of categorical exclusions found effects resulting from the intended use, however, that establishing a formal time in § 25.24 (21 CFR 25.24). However, as unless it is the subject of one of the limit for completion of such reviews indicated earlier, a key factor in FDA’s categorical exclusions listed in 21 CFR will unduly restrict its ability to allocate decision to grant an exemption from 25.24. Actions are made subject to an its limited resources to projects that may regulation is whether the substance has exclusion either because, as a class, they be more critical. Therefore, the agency a significant impact on the environment. will not result in the production or has decided not to establish a time limit A new use of a regulated indirect food distribution of any substance and, for reviewing and responding to additive that involves the same therefore, will not result in the requests for exemptions from regulation manufacturing process but a different introduction of any substance into the as food additives at this time. As the technical effect may have, as a result of environment, or because they meet agency gains experience with its its use or subsequent disposal, a specific criteria that are intended to threshold of regulation policy, it will significantly different environmental ensure they will not cause significant consider establishing an appropriate exposure than any previously regulated environmental effects. As stated above, time limit. In the interim, however, the use of the substance. Therefore, an the agency is actively examining its agency is committed to reviewing abbreviated review (i.e., one that does categorical exclusion regulations. exemption requests as expeditiously as not include a review of environmental However, neither of the subject resources allow. impact data) is not justified for all such comments provided information to 27. One comment recommended that substances. Although these types of uses show that as a class, substances used in there be a phase-in process that would do not currently qualify for a categorical food-contact articles would not be allow companies to carefully evaluate exclusion, some may qualify in the introduced into the environment or to products that are on the market and to future (the categorical exclusion list is support the establishment of a new obtain exemption determinations where, currently under consideration for categorical exclusion. The agency and if, required. expansion). welcomes the submission of data and As discussed previously, if the use of In regard to reducing the requirements information that would support the a substance results in, or is reasonably for the submission of toxicological establishment of a categorical exclusion expected to result in, migration into feeding studies, FDA emphasizes that for these substances. At this time, food, even at low levels, and is not § 170.39 requires only that submissions however, all requests for threshold of specifically excluded from the contain the results of an analysis of regulation exemptions must include an definition of a ‘‘food additive’’ in existing toxicological information on the abbreviated environmental assessment. section 201(s) of the act, then the substance and its impurities. This substance is a food additive that must information is needed to show whether Availability of the Information either be the subject of a regulation an animal carcinogen bioassay has been Submitted authorizing its use or be exempted from carried out, or whether there is some 30. Six comments were submitted on regulation by FDA under the process other basis for suspecting that the the general subject of what types of specified in this rule. However, if the substance is a carcinogen or potent information contained in submissions use of a substance in a food-contact toxin. FDA also requires this type of under § 170.39 should be made publicly article currently on the market involves information to enable it to determine available (i.e., on display at the Dockets low levels of migration into food (i.e., whether any of the impurities present in Management Branch or released in results in a dietary concentration at or the substance have been shown to be response to requests submitted under below the threshold of regulatory carcinogenic, and, if carcinogenic, the Freedom of Information Act (FOIA) concern), and is the subject of a request whether their TD50 value is greater than (5 U.S.C. 552)). Three of these for an exemption under the process 6.25 mg/kg bodyweight per day (see comments were quite general, specified by this final rule, it is unlikely § 170.39(a)(1)). To clarify this issue, recommending that FDA handle the that FDA would take regulatory action FDA is revising the language in confidential information contained in during the time needed by the agency to § 170.39(c)(5) to state that the only such submissions in the same manner complete its review. Therefore, the toxicological information that must be that it has traditionally treated other agency does not believe it is necessary included in a submission for an documents submitted. A more specific to establish a phase-in program to allow exemption from the food additive comment recommended that the companies to evaluate food-contact regulations is an analysis of existing information released under FOIA articles currently on the market. toxicological information on the should be consistent with that released 28. One comment recommended that substance and its impurities. from food additive petitions. One § 170.39 be revised to include an 29. Two comments stated that comment expressed the opposite abbreviated review (i.e., one that does exempted substances should not be viewpoint, stating that exempted not require a review of environmental subjected to the environmental impact substances should not be considered impact data and toxicological feeding reviews typically required for food food additives, and that, therefore, the study data) for those exemption requests additives. The comments asserted that, rules governing the release of that deal only with new uses of instead, exempted substances should information submitted on food additives regulated indirect food additives that come under a newly created should not apply. This comment also involve the same manufacturing process ‘‘categorical exclusion’’ that would requested that the final regulation but a different technical effect (e.g., a exclude such actions from the include a statement recognizing the substance currently regulated as a requirement that an environmental possible trade secret status of defoamer in the manufacture of paper assessment be prepared. information submitted in support of an and paperboard under § 176.170 that is An FDA decision to exempt a exemption request. Another comment the subject of an exemption request for substance from regulation as a food stated that the names of companies its use as a deposit control agent in the additive is an agency action under the receiving exemption letters are trade manufacture of paper and paperboard). National Environmental Policy Act secret. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36591 As a general matter, the FOIA requires consistent with controlling case law identity of food additives for which that agencies make the fullest possible interpretation of the confidentiality listing is sought is routinely disclosed to disclosure of records to the public. The standard that is applied to FDA under the public in the Federal Register, procedures that FDA uses to handle the Critical Mass Energy Project v. NRC, 975 pursuant to section 409 of the act. release of public information in F. 2d 871 (D.C. Cir. 1992). This Submitters are well aware of this fact. accordance with FOIA are described in comment also stated that, because these Thus, FDA finds no merit to the part 20 (21 CFR part 20). Under these substances are exempt from regulation suggestion by the comment that the procedures, information submitted to as food additives, FDA is not under any identity of substances subject to FDA, including that submitted on the obligation to disclose their chemical § 170.39 must be kept confidential. To use of food additives, is made publicly identities. The comment stated that provide differently for substances available to the greatest extent possible. release of proprietary information could subject to § 170.39 would be to create a As for substances that become force companies to make their own special exemption. Clearly, Critical components of food below the threshold determinations as to whether a food Mass does not require such a result. that FDA is establishing, they will be additive regulation is needed. This From a practical standpoint, chemical exempt from the requirement that their comment suggested that FDA adopt a nomenclature has typically been used to use be the subject of a food additive system whereby the chemical would be characterize food additives because listing regulation. This exemption, like identified only by the general class of chemical names are universally a listing regulation, allows these chemicals to which it belongs. This recognized and are not subject to change substances to be used in food contact comment also pointed out that EPA has as trade names often are. Moreover, articles. Given the similarity in effect used this type of system in Pre- trade names are often used to refer to between a food additive listing and the Manufacture Notifications submitted formulations in which the chemical grant of an exemption, FDA concludes under the Toxic Substances Control Act composition is held confidential. In that it is appropriate for it to make (40 CFR 720.85). One of these comments such cases, referring to regulated food publicly available under § 170.39(e) the raised the possibility that exempted additives by trade names would make it same type of information that is substances could be referred to only by impossible for other manufacturers to releasable on regulated food additives. their trade names. determine whether their chemical This information includes the name of FDA disagrees with the suggestion substances meet applicable regulations. the company that sought and received that exempted substances be referred to A similar situation would occur if the authorization to use the substance. only by trade names or by reference to list of exempted substances made In response to the request that the the general class of chemicals to which publicly available did not include the final regulation include a statement they belong. Two factors underlie FDA’s chemical identities of such substances. recognizing the possible trade secret disagreement. First, the provisions of Making available the chemical status of information submitted in the act added by the 1958 Food identities of substances exempted from support of an exemption request, FDA is Additives Amendment permit any regulation will permit other revising § 170.39(e) to state that the manufacturer to use any regulated food manufacturers to use these substances agency will respond to all FOIA additive as long as the substance meets as long as the conditions of use are no requests for information submitted all applicable specifications, including more likely to result in migration to under § 170.39 in accordance with part those associated with the identity of the food than those for which the 20. Thus, data and information that are additive. Second, as previously exemption was originally issued. It will trade secret or confidential commercial discussed, FOIA requires that agencies also allow interested persons to or financial information are not make the fullest possible disclosure of determine what substances have been available for public disclosure in records to the public. Under the exempted by FDA under the process accordance with § 20.61(c). procedures used by FDA to determine established by this final rule. FDA 31. One comment stated that the releasability of information under believes that, in the interest of open information contained in submissions FOIA, the agency has traditionally government, it is essential that decisions under § 170.39 should not be released in considered the chemical identity of food made under this policy be available to response to FOIA requests. additives to be disclosable information, the public. Therefore, for the reasons FDA does not agree with this and thus, the regulations implementing specified above, FDA will make comment. As discussed in the previous the 1958 Food Additives Amendment publicly available the chemical comment, FOIA requires that agencies refer to food additives by their chemical identities of exempted substances. make the fullest possible disclosure of names. Because FDA’s approach to 33. One comment stated that the records to the public. The agency, exempted substances derives from the technical effect or function of the however, recognizes that it has an food additive provisions of the act, and, substance should not be made publicly obligation to protect trade secret and as stated above, FDA is acquiescing in available. confidential commercial or financial the use of the substance, FDA concludes Under the procedures used by FDA to information as defined in § 20.61(a) and that the chemical identities of exempted implement FOIA, the agency has not (b). Therefore, FDA will not disclose substances are disclosable under FOIA. considered information on the technical this type of information. Critical Mass is not to the contrary. effect or functionality of a food additive 32. Two comments stated that the While a company has an alternative to to be trade secret as defined in § 20.61(a) chemical identities of exempted making a submission to FDA under or confidential commercial or financial substances should not be publicly § 170.39 (i.e., filing a food additive information as defined in § 20.61(b). disclosed. One of these comments stated petition), and thus, the submission is in Because the dietary exposure resulting that such information is trade secret and a sense voluntary, the key question from the use of a substance in a food- considered by economists as under Critical Mass is whether the contact article may vary considerably ‘‘circumstantially relevant business information is of a kind that would depending on the technical effect of that information.’’ The comment stated that, customarily not be released to the additive, it is often necessary to include if the company requesting an exemption public by the person from whom it was such information in the regulation regards this information as trade secret, obtained (975 F.2d at 879). As stated authorizing a specific type of use of the keeping such information confidential is above, information about the chemical food additive in order to restrict the 36592 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations dietary exposure to levels that can be Revocation final rule is not a significant regulatory supported by existing safety data. For 35. One comment recommended that action as defined by Executive Order example, substances regulated in 21 FDA establish timeframes for the 12866. In compliance with the CFR 178.3400 are restricted to use as revocation process. The comment Regulatory Flexibility Act, the agency emulsifiers and/or surface active agents suggested that the requestor would have certifies that this final rule will not have a significant impact on a substantial in the manufacture of articles or as 60 days to respond to FDA’s tentative components of articles contacting food. number of small businesses. decision to revoke an exemption. Once Moreover, the provisions of the act 38. One comment suggested that the the response is submitted, FDA would added by the 1958 Food Additives proposed threshold of regulation have 60 days to reach its final decision. Amendment permit any manufacturer to process would have an adverse impact FDA agrees that in cases in which use any regulated food additive as long on small businesses. FDA disagrees. The new information becomes available as the use of the substance meets all regulation that FDA is adopting does not showing that continued exemption of a applicable specifications and prohibit or restrict any present activity substance in a food-contact article from limitations. Such limitations include and, therefore, does not generate regulation under the food additive those that restrict the use of the additive compliance costs for either large or provisions cannot be supported in light to a specific technical effect. Therefore, small firms. In addition, FDA has it is often necessary to include this of existing safety data, the requestor’s received no information that the information as part of the conditions of response to FDA’s tentative decision to benefits of the proposed action will use set forth in the regulation revoke an exemption, and FDA’s accrue differentially to large firms. In authorizing the use of the additive so subsequent decision, should occur in a fact, this approach should minimize the that other manufacturers may use the timely manner. However, because the burden on all businesses by providing a same substance under only those complexity of such reviews may vary procedure that is less burdensome than conditions that are safe. In addition to greatly and require varying amounts of the food additive petition process. being made available as part of a time to complete, FDA does not Without this threshold of regulation regulation, the agency has routinely consider it to be appropriate to establish process, those components of food- made technical effect information specific timeframes for such reviews. contact materials whose use results in contained in food additive petitions III. Other Actions low levels of migration into food would available to the public in response to require premarket approval through the FOIA requests in accordance with FDA is revising § 170.39(c) to state food additive petition process. § 171.1(h)(1)(i). Consistent with the that three copies of a request for an Based on information provided to explanation above, FDA sees no reason exemption from regulation are to be FDA by representatives of the food to change this policy with regard to food submitted. The agency is requiring three packaging and processing industries, the additives exempted from regulation. copies to help expedite its review of collection of information and such requests. To further expedite such preparation of an exemption request for Treatment of the List of Exempted Uses reviews, the agency is revising review under the process established by of Substances § 170.39(c) to state that if part of the this final rule is estimated to cost 34. One comment recommended that submitted material is in a foreign anywhere from $1,400 to $25,000 in addition to making available a list of language, it must be accompanied by an depending on the complexity of the exemptions at the Dockets Management English translation verified to be project. If analytical studies are required Branch, FDA should publish this list in complete and accurate in accordance to be carried out to show that the dietary the Federal Register. with § 10.20(c)(2) (21 CFR 10.20(c)(2)). exposure resulting from the proposed The public should have ready access IV. Analysis of Impacts use is below the threshold of regulation, to an up-to-date list of those uses of FDA estimates that the additional cost substances that have been exempted FDA has examined the impacts of this would vary from $10,000 to $50,000 from regulation as food additives by final rule under Executive Order 12866 depending on the complexity of the FDA. However, maintaining such a list, and the Regulatory Flexibility Act (Pub. project (e.g., the number of substances updated on a regular basis, on display L. 96–354). Executive Order 12866 or food simulating solvents involved, at the Dockets Management Branch, is directs agencies to assess all costs and and the method of analysis). Thus, the the most efficient way of achieving this benefits of available regulatory agency estimates that the total cost to result. FDA anticipates being able to alternatives and, when regulation is submit exemption from regulation respond to exemption requests within 3 necessary, to select regulatory requests may vary from $1,400 to to 4 months. Thus, the list of exempted approaches that maximize net benefits $75,000. substances would be continually (including potential economic, The time required to prepare such changing. Monthly updates in the environmental, public health and safety requests would also vary with the type Federal Register would be expensive effects; distributive impacts; and of data needed to estimate the dietary and yearly updates of little value. equity). Under Executive Order 12866, a exposure associated with the intended Therefore, FDA has no plans to publish regulatory action is economically use. A simple request (i.e., one that does this list in the Federal Register. significant if it meets any one of a not contain any analytical work) would However, to ensure that interested number of specified conditions, typically contain: (1) Identity and use persons are aware that FDA is including having an annual effect on the information; (2) a literature search of the maintaining such a list at its Dockets economy of $100 million or adversely existing toxicological data on the Management Branch, the agency plans affecting in a material way a sector of substance and its impurities; and (3) to publish annually a brief notice in the the economy, competition, or jobs. A information on the environmental Federal Register on the availability of regulation is otherwise considered impact resulting from the proposed use this list. An updated list of exempted significant under Executive Order 12866 of the substance. Based on information substances can also be obtained by if it raises novel legal or policy issues. provided to FDA by representatives of contacting FDA’s Office of Premarket The Regulatory Flexibility Act requires the food packaging and processing Approval (address above). FDA is analyzing options for regulatory relief industries, the average time to prepare revising § 170.39(e) to reflect this fact. for small businesses. FDA finds that this such requests is estimated to be 68 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36593 hours. The average time to prepare exempted from regulation by the (3) FDA is adding paragraph (h) to requests that include analytical work process established by this rule. § 170.39 to state that guidelines to assist (e.g., extraction studies carried out using requestors in the preparation of VI. Paperwork Reduction Act food-simulating solvents, analytical submissions seeking exemptions from studies to determine the residual level Section 170.39 of this final rule the food additive regulations are of the substance in the food-contact contains information collection available from FDA’s Office of article) is estimated to be 108 hours. requirements that were submitted for Premarket Approval (HFS–200, 200 C Although the preparation of requests review and approval to the Office of St. SW., Washington, DC 20204). for exemptions from regulation may cost Management and Budget (OMB), as Because it is not practical to provide anywhere from $1,400 to $75,000 and required by section 3504(h) of the guidelines that would cover all of the require on average 68 hours to complete Paperwork Reduction Act of 1980. The possible topics associated with these (108 hours for submissions requiring requirements were approved and types of submissions, § 170.39(h) analytical data), these estimates assigned OMB control number 0910– encourages interested parties to obtain demonstrate that there will be a 0298. specific guidance from FDA on the appropriate protocols to be used for significant decrease in the overall VII. Conclusions burden to businesses for those obtaining extraction data, on the components of food-contact articles that Although a number of comments validation of the analytical methods are exempted from regulation by this expressed the opinion that the 0.5 ppb used to quantify migration levels, on the expedited process but that previously threshold is more conservative and procedures used to relate migration data would have required premarket restrictive than is necessary to to dietary exposures, and on any other approval via the food additive petition adequately protect the public health, no issue not specifically covered in FDA’s process. (Petitions on these types of data were submitted that would justify guidelines (see comment 24 of this issues can require on average 2,600 FDA establishing a threshold of document). hours to prepare and cost anywhere regulatory concern at a dietary (4) FDA is revising § 170.39(c)(1) to from $85,000 to $100,000.) Whenever concentration level higher than 0.5 ppb. state that the description of the possible, FDA will provide assistance to Based on its analysis of the available chemical composition of the substance requestors to minimize the likelihood evidence, FDA concludes that this for which the request is made should that unnecessary work will be evidence does not support a threshold include, whenever possible, the name of performed. Based on the preceding significantly higher than 0.5 ppb, the chemical in accordance with current considerations, FDA finds that the especially where the substance being CAS nomenclature guidelines and a CAS registry number, if available (see proposed action will not have an considered for an exemption has not comment 22 of this document). adverse impact on small businesses. been the subject of any toxicological testing. Therefore, this final rule (5) For consistency, FDA is revising In summary, the comments do not § 170.39(c)(4)(ii) and (c)(4)(iii) so that provide a basis on which to change the establishes 0.5 ppb as the threshold of regulatory concern for substances the word ‘‘substance’’ refers to the conclusions of the economic analysis singular case (see comment 23 of this intended for use in food-contact articles. prepared for the proposed rule or to document). This final rule also establishes the establish that another option would (6) FDA is revising the language in provide higher net benefits. threshold of regulatory concern for § 170.39(c)(5) to state that the only regulated direct food additives used in toxicological information that must be V. Environmental Impact food-contact articles as that dietary Considerations included in a submission for an exposure that is at or below 1 percent exemption from the food additive The agency has previously reviewed of the ADI for that substance. regulations is an analysis of existing the environmental effects of this rule as Listed below are the revisions that are toxicological data on the substance and announced in the proposal (see 58 FR being incorporated into this final rule its impurities. This information is 52719, October 12, 1993). The agency based on comments received in needed to show whether an animal determined under 21 CFR 25.24(a)(8) response to the proposal: carcinogen bioassay has been carried that neither an environmental (1) FDA is revising § 170.39(a)(1) to out, or whether there is some other basis assessment nor an environment impact make it clear that the phrase ‘‘there is for suspecting that the substance is a statement is required. No new no reason, based on the chemical carcinogen or potent toxin. This type of information or comments have been structure of the substance, to suspect information on the impurities is needed received that would affect the agency’s that the substance is a carcinogen’’ to show whether any of them are previous determination. refers only to the substance itself (see carcinogenic and, if carcinogenic, The agency is required to consider the comment 21 of this document). whether their TD50 value is greater than environmental impact of each action to (2) FDA is revising § 170.39(a)(2)(ii) to 6.25 mg/kg bodyweight per day in exempt a component of a food-contact state that, for requests seeking an accordance with § 170.39(a)(1) (see article from regulation as a food exemption on the basis that the comment 28 of this document). additive. The final rule sets out the type substance is a regulated direct food (7) FDA is revising § 170.39(e) to state of information that FDA needs to additive whose use in a food-contact that interested persons may obtain a list determine the impact on the article will result in a dietary exposure of exempted substances by contacting environment resulting from the at or below 1 percent of the ADI for that FDA’s Office of Premarket Approval intended use. The agency’s finding of no substance, FDA’s review will not (HFS–200), 200 C St. SW., Washington, significant impact, and the evidence necessarily be restricted to ADI values DC 20204 (see comment 34 of this supporting that finding, contained in an based on data in FDA files. In particular, document). environmental assessment, will be made in cases where FDA has not calculated (8) FDA is also revising § 170.39(e) to available for public inspection at the an ADI value for a regulated direct food state that FDA will handle requests for Dockets Management Branch (address additive, the agency will consider ADI copies of releasable information above) for those substances whose use values from other appropriate sources contained in submissions requesting in food-contact articles has been (see comment 9 of this document). exemptions from the food additive 36594 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations regulations in accordance with FDA’s 21 CFR Part 171 264); 42 U.S.C. 4321, 4332; 40 CFR parts FOIA procedures as described in part 1500–1508; E.O. 11514 as amended by E.O. Administrative practice and 11991; E.O. 12114. 20. In particular, data and information procedure, Food additives. that fall within the definitions of a trade 4. Section 25.22 is amended by secret or confidential commercial or 21 CFR Part 174 revising paragraph (a)(10) to read as financial information are not available Food additives, Food packaging. follows: for public disclosure in accordance with Therefore, under the Federal Food, § 25.22 Actions requiring preparation of an 21 CFR 20.61(c) (see comment 30 of this Drug, and Cosmetic Act and under environmental assessment. document). authority delegated to the Commissioner (a) * * * (9) FDA is revising the language in of Food and Drugs, 21 CFR parts 5, 25, (10) Approval of food and color § 170.39(g) to state that the agency plans 170, 171, and 174 are amended as additive petitions, approval of requests to notify manufacturers by means of a follows: for exemptions for investigational use of notice published in the Federal Register food additives, and granting of requests of its decision to revoke an exemption PART 5ÐDELEGATIONS OF for exemption from regulation as a food issued for a specific use of a substance AUTHORITY AND ORGANIZATION additive. in a food-contact article (see comment 1. The authority citation for 21 CFR * * * * * 13 of this document). part 5 continues to read as follows: 5. Section 25.31a is amended by (10) FDA is revising § 170.39(c) to Authority: 5 U.S.C. 504, 552, App. 2; 7 revising the introductory text of state that three copies of a request for an U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, paragraphs (a), (b)(1), and (b)(2) to read exemption from regulation are to be 3701–3711a; secs. 2–12 of the Fair Packaging as follows: submitted. If part of the submitted and Labeling Act (15 U.S.C. 1451–1461); 21 § 25.31a Environmental assessment for material is in a foreign language, it must U.S.C. 41–50, 61–63, 141–149, 467f, 679(b), proposed approvals of FDA-regulated 801–886, 1031–1309; secs. 201–903 of the be accompanied by an English productsÐFormat 1 translation verified to be complete and Federal Food, Drug, and Cosmetic Act (21 (a) For proposed actions to approve accurate in accordance with U.S.C. 321–394); 35 U.S.C. 156; secs. 301, food or color additives, drugs, biological § 10.20(c)(2) (see Section III. of this 302, 303, 307, 310, 311, 351, 352, 354, 361, 362, 1701–1706, 2101, 2125, 2127, 2128 of products, animal drugs, and class III document: Other Actions). In addition the Public Health Service Act (42 U.S.C. 241, medical devices, for proposed actions to to these changes, FDA is clarifying its 242, 242a, 242l, 242n, 243, 262, 263, 263b, affirm food substances as generally definition of TD50 in § 170.39(a)(1). This 264, 265, 300u–300u–5, 300aa–1, 300aa–25, recognized as safe (GRAS), and for minor change from the October 12, 300aa–27, 300aa–28); 42 U.S.C. 1395y, proposed actions to grant requests for 1993, proposal ensures the scientific 3246b, 4332, 4831(a), 10007–10008; E.O. exemption from regulation as a food soundness of this definition. 11490, 11921, and 12591; secs. 312, 313, 314 of the National Childhood Vaccine Injury Act additive, the applicant or petitioner VIII. References of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1 shall prepare an environmental note). assessment in the following format: The following references have been * * * * * placed on display in the Dockets 2. Section 5.61 is amended by adding new paragraph (h) to read as follows: (b)(1) For actions (either to approve Management Branch (address above) food additive petitions or to grant and may be seen by interested persons § 5.61 Food standards, food additives, requests for exemption from regulation between 9 a.m. and 4 p.m., Monday generally recognized as safe (GRAS) as a food additive) concerning through Friday. substances, color additives, nutrient components of food-contact articles 1. Rulis, A., ‘‘Threshold of Regulation: content claims, and health claims. present in the finished food-packaging Options for Handling Minimal Risk * * * * * material at a level not greater than 5- Situations,’’ in Food Safety Assessment, (h) The following officials are percent-by-weight, the following edited by Finley, J. W., S. F. Robinson, and authorized to issue letters concerning information is required for the format D. J. Armstrong, American Chemical Society substances determined to be below the items specified: Symposium Series 484, pp. 132–139, 1992. ‘‘threshold of regulation’’ under § 170.39 2. Rulis, A. M., D. G. Hattan, and V. M. * * * * * Morgenroth III, ‘‘FDA’s Priority Based of this chapter: (b)(2) For actions (either to approve Assessment of Food Additives,’’ Regulatory (1) The Director and Deputy Directors, food additive petitions or to grant Toxicology and Pharmacology, vol. 4, pp. Center for Food Safety and Applied requests for exemption from regulation 37–56, 1984. Nutrition (CFSAN). as a food additive) concerning (2) The Director, Office of Policy, List of Subjects components of food-contact articles to Planning and Strategic Initiatives, be used in surfaces of permanent or 21 CFR Part 5 CFSAN. semipermanent equipment or of other (3) The Director, Office of Premarket food-contact articles intended for Authority delegations (Government Approval, CFSAN. repeated use, the following information agencies), Imports, Organization and (4) The Directors of the Divisions of is required for the items specified: functions (Government agencies). Petition Control and Product Policy, Office of Premarket Approval, CFSAN. * * * * * 21 CFR Part 25 PART 170ÐFOOD ADDITIVES Environmental impact statements, PART 25ÐENVIRONMENTAL IMPACT Foreign relations, Reporting and CONSIDERATIONS 6. The authority citation for 21 CFR recordkeeping requirements. 3. The authority citation for 21 CFR part 170 continues to read as follows: 21 CFR Part 170 part 25 continues to read as follows: Authority: Secs. 201, 401, 402, 408, 409, 701 of the Federal Food, Drug, and Cosmetic Authority: Secs. 201–903 of the Federal Act (21 U.S.C. 321, 341, 342, 346a, 348, 371). Administrative practice and Food, Drug, and Cosmetic Act (21 U.S.C. procedure, Food additives, Reporting 321–393); secs. 351, 354–361 of the Public 7. Section 170.3 is amended by and recordkeeping requirements. Health Service Act (42 U.S.C. 262, 263b– redesignating paragraph (e) as (e)(1) and Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36595 by adding new paragraph (e)(2) to read Administration’s files or from other estimate of the amount of food that as follows: appropriate sources; contacts a specific unit of surface area (3) The substance has no technical over the lifetime of the article should § 170.3 Definitions. effect in or on the food to which it also be provided. (In cases where data * * * * * migrates; and are provided only in the form of (e)(2) Uses of food additives not (4) The substance use has no manufacturing use levels or residual requiring a listing regulation. significant adverse impact on the levels of the substance present in the Substances used in food-contact articles environment. food-contact article, the Food and Drug (e.g., food-packaging and food- (b) Notwithstanding paragraph (a) of Administration will calculate a worst- processing equipment) that migrate, or this section, the Food and Drug case dietary concentration level may be expected to migrate, into food at Administration reserves the right to assuming 100 percent migration.) A such negligible levels that they have decline to grant an exemption in those detailed description of the analytical been exempted from regulation as food cases in which available information method used to quantify the substance additives under § 170.39. establishes that the proposed use may should also be submitted along with * * * * * pose a public health risk. The reasons data used to validate the detection limit. 8. New § 170.39 is added to subpart B for the agency’s decision to decline to (iv) In cases where there is no to read as follows: grant an exemption will be explained in detectable migration into food or food the Food and Drug Administration’s simulants, or when no residual level of § 170.39 Threshold of regulation for response to the requestor. a substance is detected in the food- substances used in food-contact articles. (c) A request for the Food and Drug contact article by a suitable analytical (a) A substance used in a food-contact Administration to exempt a use of a method, the Food and Drug article (e.g., food-packaging or food- substance from regulation as a food Administration will, for the purposes of processing equipment) that migrates, or additive shall include three copies of estimating the dietary concentration, that may be expected to migrate, into the following information (If part of the consider the validated detection limit of food will be exempted from regulation submitted material is in a foreign the method used to analyze for the as a food additive because it becomes a language, it must be accompanied by an substance. component of food at levels that are English translation verified to be (5) The results of an analysis of below the threshold of regulation if: complete and accurate in accordance existing toxicological information on the (1) The substance has not been shown with § 10.20(c)(2) of this chapter): substance and its impurities. This to be a carcinogen in humans or (1) The chemical composition of the information on the substance is needed animals, and there is no reason, based substance for which the request is made, to show whether an animal carcinogen on the chemical structure of the including, whenever possible, the name bioassay has been carried out, or substance, to suspect that the substance of the chemical in accordance with whether there is some other basis for is a carcinogen. The substance must also current Chemical Abstract Service suspecting that the substance is a not contain a carcinogenic impurity or, (CAS) nomenclature guidelines and a carcinogen or potent toxin. This type of if it does, must not contain a CAS registry number, if available; information on the impurities is needed carcinogenic impurity with a TD50 value (2) Detailed information on the to show whether any of them are based on chronic feeding studies conditions of use of the substance (e.g., carcinogenic, and, if carcinogenic, reported in the scientific literature or temperature, type of food with which whether their TD50 values are greater otherwise available to the Food and the substance will come into contact, than 6.25 milligrams per kilogram Drug Administration of less than 6.25 the duration of the contact, and whether bodyweight per day in accordance with milligrams per kilogram bodyweight per the food-contact article will be for paragraph (a)(1) of this section. day (The TD50, for the purposes of this repeated or single use applications); (6) Information on the environmental section, is the feeding dose that causes (3) A clear statement as to whether the impact that would result from the cancer in 50 percent of the test animals request for exemption from regulation as proposed use of the substance. when corrected for tumors found in a food additive is based on the fact that Depending on the type of use, this control animals. If more than one TD50 the use of the substance in the food- information should be in the form of an value has been reported in the scientific contact article results in a dietary abbreviated environmental assessment literature for a substance, the Food and concentration at or below 0.5 parts per as specified in § 25.31a(b)(1) or (b)(2) of Drug Administration will use the lowest billion, or on the fact that it involves the this chapter. appropriate TD50 value in its review.); use of a regulated direct food additive (d) Data to be reviewed under this (2) The substance presents no other for which the dietary exposure is at or section shall be submitted to the Food health or safety concerns because: below 1 percent of the acceptable and Drug Administration’s Office of (i) The use in question has been dietary intake (ADI); Premarket Approval (HFS–200), 200 C shown to result in or may be expected (4) Data that will enable the Food and St. SW., Washington, DC 20204. to result in dietary concentrations at or Drug Administration to estimate the (e) The Food and Drug Administration below 0.5 parts per billion, daily dietary concentration resulting will inform the requestor by letter corresponding to dietary exposure levels from the proposed use of the substance. whether the specific food-contact at or below 1.5 micrograms/person/day These data should be in the form of: application is exempt from regulation as (based on a diet of 1,500 grams of solid (i) Validated migration data obtained a food additive or not. Although a food and 1,500 grams of liquid food per under worst-case (time/temperature) substance that migrates to food at a level person per day); or intended use conditions utilizing that results in a dietary concentration at (ii) The substance is currently appropriate food simulating solvents; or below the threshold of regulation will regulated for direct addition into food, (ii) Information on the amount of the not be the subject of a regulation and the dietary exposure to the substance used in the manufacture of published in the Federal Register and substance resulting from the proposed the food-contact article; or will not appear in the Code of Federal use is at or below 1 percent of the (iii) Information on the residual level Regulations, the Food and Drug acceptable daily intake as determined of the substance in the food-contact Administration will maintain a list of by safety data in the Food and Drug article. For repeat-use articles, an substances exempted from regulation as 36596 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations food additives under this section on an exemption for the use of the food- PART 171ÐFOOD ADDITIVE display at the Dockets Management contact material from the food additive PETITIONS Branch. This list will include the name regulations, the agency will notify any of the company that made the request, persons that requested an exemption for 9. The authority citation for 21 CFR the chemical name of the substance, the the substance of its tentative decision. part 171 continues to read as follows: specific use for which it has received an The requestors will be given an Authority: Secs. 201, 402, 409, 701 of the exemption from regulation as a food opportunity to show why the use of the Federal Food, Drug, and Cosmetic Act (21 additive, and any appropriate substance should not be regulated under U.S.C. 321, 342, 348, 371). limitations on its use. The list will not the food additive provisions of the act. 10. New § 171.8 is added to subpart A include any trade names. This list will If the requestors fail to adequately to read as follows: enable interested persons to see the respond to the new evidence, the agency § 171.8 Threshold of regulation for types of uses of food-contact materials will notify them that further use of the being exempted under the regulation. substances used in food-contact articles. substance in question for the particular Interested persons may also obtain a Substances used in food-contact use will require a food additive copy of the list of exempted substances articles (e.g., food-packaging or food- by contacting the Food and Drug regulation. This notification will be processing equipment) that migrate or Administration’s Office of Premarket placed on public display at the Dockets that may be expected to migrate into Approval (HFS–200), 200 C St. SW., Management Branch as part of the file food at negligible levels may be Washington, DC 20204. The agency’s of uses of substances exempted from reviewed under § 170.39 of this chapter. finding of no significant impact and the regulation as food additives. The Food The Food and Drug Administration will evidence supporting that finding, and Drug Administration recognizes exempt substances whose uses it contained in an environmental that manufacturers other than those that determines meet the criteria in § 170.39 assessment, also will be available for actually made a request for exemption of this chapter from regulation as food public inspection at the Dockets may also be using exempted substances additives and, therefore, a food additive Management Branch in accordance with in food-contact articles under petition will not be required for the § 25.41(b)(2) of this chapter. Requests conditions of use (e.g., use levels, exempted use. for copies of releasable information temperature, type of food contacted, contained in submissions requesting etc.) that are similar to those for which PART 174ÐINDIRECT FOOD exemptions from the food additive the exemption was issued. Because only ADDITIVES: GENERAL regulations will be handled in requestors will be notified as part of the 11. The authority citation for 21 CFR accordance with the Food and Drug revocation process described in this part 174 continues to read as follows: Administration’s Freedom of section, the Food and Drug Authority: Secs. 201, 402, 409, 701 of the Information Act procedures, as Administration plans to notify other described in part 20 of this chapter. In Federal Food, Drug, and Cosmetic Act (21 manufacturers by means of a notice U.S.C. 321, 342, 348, 371). particular, data and information that fall published in the Federal Register of its 12. New § 174.6 is added to read as within the definitions of a trade secret decision to revoke an exemption issued follows: or confidential commercial or financial for a specific use of a substance in a information are not available for public food contact article. § 174.6 Threshold of regulation for disclosure in accordance with § 20.61(c) substances used in food-contact articles. of this chapter. (h) Guidelines to assist requestors in the preparation of submissions seeking Substances used in food-contact (f) If the request for an exemption articles (e.g., food-packaging or food- from regulation as a food additive is not exemptions from the food additive regulations are available from the Food processing equipment) that migrate, or granted, the requestor may submit a that may be expected to migrate, into petition to the Food and Drug and Drug Administration’s Office of Premarket Approval (HFS–200), 200 C food at negligible levels may be Administration for reconsideration of reviewed under § 170.39 of this chapter. the decision in accordance with the St. SW., Washington, DC 20204. Interested persons are encouraged to The Food and Drug Administration will provisions of § 10.33 of this chapter. exempt substances whose uses it (g) If the Food and Drug obtain specific guidance from the Food and Drug Administration on the determines meet the criteria in § 170.39 Administration receives significant new of this chapter from regulation as food appropriate protocols to be used for information that raises questions about additives and, therefore, a food additive obtaining migration data, on the the dietary concentration or the safety of petition will not be required for the validation of the analytical methods a substance that the agency has exempted use. exempted from regulation, the Food and used to quantify migration levels, on the Drug Administration may reevaluate the procedures used to relate migration data Dated: July 11, 1995. substance. If the Food and Drug to dietary exposures, and on any other William B. Schultz, Administration tentatively concludes issue not specifically covered in the Deputy Commissioner for Policy. that the information that is available Food and Drug Administration’s [FR Doc. 95–17435 Filed 7–14–95; 8:45 am] about the substance no longer supports guidelines. BILLING CODE 4160±01±P federal register July 17,1995 Monday Notices Certain Chemicals;Premanufacture Protection Agency Environmental Part VIII 36597 36598 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices ENVIRONMENTAL PROTECTION TDD (202) 554–0551. e-mail: TSCA- to comply with the requirements of AGENCY [email protected]. TSCA, to conserve EPA resources, and SUPPLEMENTARY INFORMATION to streamline the process and make it [OPPTS±51841; FRL±4959±3] : Under the provisions of TSCA, EPA is required to more timely, EPA is consolidating these Certain Chemicals; Premanufacture publish notice of receipt and status separate notices into one comprehensive Notices reports of chemicals subject to section 5 notice that will be issued at regular reporting requirements. The notice intervals. AGENCY: Environmental Protection requirements are provided in TSCA EPA believes the new format of the Agency (EPA). sections 5(d)(2) and 5(d)(3). Specifically, notice will be easier to understand by ACTION: Notice. EPA is required to provide notice of the interested public, and provides the receipt of PMNs, polymer exemption SUMMARY: Section 5 of the Toxic information that is of greatest interest to notices and TME application requests Substances Control Act (TSCA) requires the public users. Certain information received. EPA also is required to any person who intends to manufacture provided in the earlier notices will not identify those chemical submissions for or import a new chemical to notify EPA be provided under the new format. The which data has been received, the uses and comply with the statutory status reports of substances under or intended uses of such chemicals, and provisions pertaining to the review, potential production volume, the nature of any test data which may manufacture or import of substances not and summaries of health and safety data have been developed. Lastly, EPA is on the TSCA Inventory. Section 5 of will not be provided in the new notices. required to provide periodic status TSCA also requires EPA to publish reports of all chemical substances EPA is not providing production receipt and status information in the undergoing review and receipt of volume information in the consolidated Federal Register each month reporting notices of commencement. notice since such information is premanufacture notices (PMN), polymer A record has been established for this generally claimed as confidential. For exemption notices and test marketing notice under docket number ‘‘[OPPTS– this reason, there is no substantive loss exemption (TME) application requests 51841]’’ (including comments and data to the public in not publishing the data. received, both pending and expired. The submitted electronically as described Health and safety data are not information contained in this document below). A public version of this record, summarized in the notice since it is clears a backlog of notices received from including printed, paper versions of recognized as impossible, given the October 1994 to March 19, 1995 and electronic comments, which does not format of this notice, as well as the monthly status reports from October include any information claimed as previous style of notices, to provide 1994 to April 1995. confidential business information (CBI), meaningful information on the subject. ADDRESSES: Written comments, is available for inspection from 12 noon In those submissions where health and identified by the document control to 4 p.m., Monday through Friday, safety data were received by the Agency, number ‘‘[OPPTS–51841]’’ and the excluding legal holidays. The public a footnote is included by the specific PMN number, if appropriate, record is located in the TSCA Manufacturer/Importer identity to should be sent to: Document Control Nonconfidential Information Center indicate its existence. As stated below, Office (7407), Office of Pollution (NCIC), Rm. NEM–B607, 401 M St., SW., interested persons may contact EPA Prevention and Toxics, Environmental Washington, DC 20460. directly to secure information on such Protection Agency, 401 M St., SW., Rm. Electronic comments can be sent studies. As stated in the previous ETG–099 Washington, DC 20460. directly to EPA at: paragraph, while generic use Comments and data may also be [email protected] information is not included in this submitted electronically by sending notice all future notices shall carry this electronic mail (e-mail) to: Electronic comments must be information. [email protected]. Electronic submitted as an ASCII file avoiding the comments must be submitted as an For persons who are interested in data use of special characters and any form not included in this notice, access can ASCII file avoiding the use of special of encryption. characters and any form of encryption. be secured at EPA Headquarters in the The official record for this notice, as NCIC at the address provided above. Comments and data will also be well as the public version, as described accepted on disks in WordPerfect in 5.1 Additionally, interested parties may above will be kept in paper form. telephone the Document Control Office file format or ASCII file format. All Accordingly, EPA will transfer all comments and data in electronic form at (202) 260–1532, TDD (202) 554–0551, comments received electronically into for generic use information, health and must be identified by the docket number printed, paper form as they are received [OPPTS–51841]. No CBI should be safety data not claimed as confidential and will place the paper copies in the or status reports on section 5 filings. submitted through e-mail. Electronic official record which will also include comments on this notice may be filed all comments submitted directly in Send all comments to the address online at many Federal Depository writing. The official record is the paper listed above. All comments received Libraries. Additional information on record maintained at the address in will be reviewed and appropriate electronic submissions can be found ‘‘ADDRESSES’’ at the beginning of this amendments will be made as deemed under ‘‘SUPPLEMENTARY document. necessary. INFORMATION’’ of this document. In the past, EPA has published This notice will identify: (I) PMNs FOR FURTHER INFORMATION CONTACT: individual notices reflecting the status received; (II) Polymer exemptions Susan B. Hazen, Director, of section 5 filings received, pending or received; (III) TMEs received; and (IV) Environmental Assistance Division expired, as well as notices reflecting Notices of Commencement to (7408), Office of Pollution Prevention receipt of notices of commencement. In manufacture/import. and Toxics, Environmental Protection an effort to become more responsive to Agency, Rm. E–545, 401 M St., SW., the regulated community, the users of I. 877 Premanufacture Notices Received Washington, DC, 20460, (202) 554–1404, this information and the general public, From: 10/01/94 to 03/19/95. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36599 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0001 10/03/94 12/29/94 CBI1 (G) Polyester polyurethane P±95±0002 10/03/94 12/29/94 CBI1 (G) Thermoplastic polyimide P±95±0003 10/03/94 01/01/95 Dow Corning1 (G) Organofunctional silica P±95±0004 10/03/94 01/01/95 CBI1 (G) Substituted butane tetracarboxylate P±95±0005 10/03/94 01/01/95 Swan Industries, Inc.1 (G) Modified sodium silicate P±95±0006 10/04/94 01/02/95 Hoechst Celanese1 (S) A polymer of: bisphenol A, epichlorohydrine polymer; polypropyleneglycol 1010; bisphenol A; diethanolamine; N,N- dimethylaminopropylamine; 2-ethylhexylamine; acetic acid P±95±0007 10/04/94 01/02/95 Hoechst Celanese1 (S) A polymer of: trimethylolpropane; butoxyethanol; diethyleneglycolmonobutyl ether; methylenediphenyldiisocyanate; N,N-dimethylaminopropylamine; formic acid P±95±0008 10/04/94 01/02/95 CBI1 (G) Poly (acrylate alkyl ester/ acryl acid/ vinyl aryl) P±95±0009 10/04/94 01/02/95 S.C. Johnson & Son, Inc.1 G) Acrylic emulsion polymer P±95±0010 10/04/94 01/02/95 S. C. Johnson & Son, Inc.1 (G) Acrylic emulsion polymer P±95±0011 10/04/94 01/02/95 Henkel Corporation1 (G) Branched poly ester/ether P±95±0012 10/05/94 01/03/95 CBI1 (G) 2-Propenoic acid, reaction products with alkylene glycol P±95±0013 10/06/94 01/04/95 CBI1 (G) Water-borne polyurethane dispersion P±95±0014 10/05/94 01/03/95 Westvaco1 (G) Rosin, maleated polymer, with substituted phenols, paraformaldehyde and pentaerythritol P±95±0015 10/07/94 01/05/95 Ciba-Geigy Corporation1 (G) Tetra-substituted benzeneproponanilide P±95±0016 10/07/94 01/05/95 Ciba-Geigy Corporation1 (G) Substituted phenyl azo substituted phenyl azo substituted naphthalenesulfonic acid derivative P±95±0017 10/07/94 01/05/95 MTM Hardwicke, Inc.1 (S) 1-Bromo-2, 5-dimethoxybenzene P±95±0018 10/07/94 01/05/95 Huls America Inc. (G) Dialkyl malonate, alkyl alkenoate polymer P±95±0019 10/07/94 01/05/95 Unichema North America1 (G) Polyester polyol P±95±0020 10/07/94 01/05/95 Unichema North America1 (G) Polyester polyol P±95±0021 10/07/94 01/05/95 CBI1 (G) Urethane dicarbamate P±95±0022 10/11/94 01/09/95 Ciba-Geigy Corporation1 (G) Substituted phenyl azo substituted phenyl amino triazinyl sub- stituted naphthalenesulfonic derivative P±95±0023 10/11/94 01/09/95 CBI1 (G) Hydrofluorocarbon ethers P±95±0024 10/11/94 01/09/95 CBI1 (G) Chloroformate of ethoxylated alcohol P±95±0025 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0026 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0027 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0028 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0029 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0030 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0031 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0032 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0033 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0034 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0035 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0036 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0037 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0038 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0039 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0040 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0041 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0042 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0043 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0044 10/11/94 01/09/95 CBI1 (G) Polyester resin 36600 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0045 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0046 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0047 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0048 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0049 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0050 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0051 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0052 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0053 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0054 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0055 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0056 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0057 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0058 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0059 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0060 10/11/94 01/09/95 CBI1 (G) Polyester resin P±95±0061 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0062 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0063 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0064 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0065 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0066 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0067 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0068 10/12/94 01/10/95 CBI1 (G) Polyester isocyanate polymer P±95±0069 10/12/94 01/10/95 Adhesives Research, Inc.1 (G) Acrylic polymer P±95±0070 10/12/94 01/10/95 Shipley Company, Inc.1 (G) Phenolic novolak resin P±95±0071 10/12/94 01/10/95 Ciba-Geigy Corporation1 (S) A polymer of: triethylene glycol dimercaptan; 2,4,6- tris[(dimethylamino)methyl]phenol; epoxy phenolic novolac resin; bisphenol A epoxy resin P±95±0072 10/13/94 01/11/95 Eastman Kodak Company1 (G) Substituted aminophenylacetamide P±95±0073 10/13/94 01/11/95 CBI (G) Amine functional epoxy resin salted with an organic acid P±95±0074 10/13/94 01/11/95 CBI1 (G) Amine functional epoxy resin salted with an organic acid P±95±0075 10/13/94 01/11/95 CBI1 (G) Amine functional epoxy resin salted with an organic acid P±95±0076 10/13/94 01/11/95 CBI1 (G) Substituted phenolate salt P±95±0077 10/13/94 01/11/95 E.I. Dupont de Nemours & (G) Methyl 2-(aminosulfonyl)-6-substituted-3-pyrinecarboxylate Co., Inc.1 P±95±0078 10/14/94 01/12/95 EMS American Grilon Inc. (S) Reaction product of p-tert butyl phenol with formaldehyde and with mets-xylylene diamine P±95±0079 10/14/94 01/12/95 CBI1 (G) Isomer mixture of oxabicycloalkane, alkyl-1-(trialkyl-cycloalkene) P±95±0080 10/14/94 01/12/95 CBI1 (G) Polyarylphenol ethoxylate derivative P±95±0081 10/14/94 0195 CBI1 (G) 3-Cycloalkene-1-carboxaldehyde, alkyl-1-(trialkyl-1-(trialkyl-3- cycloalkene) P±95±0082 10/14/94 01/12/95 CBI1 (G) 3-Cycloalkene-1-methanol, alkyl-1-(trialkyl-3-cycloalkene) P±95±0083 10/14/94 01/12/95 CBI1 (G) 3-Cycloalkene-1-acetaldehyde, trialkyl-alpha-alkene P±95±0084 10/14/94 01/12/95 CBI1 (G) Modified acrylic polymer P±95±0085 10/14/94 01/12/95 CBI1 (G) Substituted naphthalene sulfonic acid, alkali salt P±95±0086 10/17/94 01/15/95 Ciba-Geigy Corporation1 (G) Benzenesulfonic acid amino substituted phenyl azo P±95±0087 10/17/94 01/15/95 Essex Speciality Products, (G) Hydroxyl functional polycarbonyl (polyalkylene oxide) polyurea Inc.1 oligomer P±95±0088 10/17/94 01/15/95 Essex Speciality Products, (G) Hydroxyl functional polycarbonyl (polyalkylene oxide) polyurea Inc.1 oligomer Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36601 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0089 10/17/94 01/15/95 Essex Speciality Products, (G) Hydroxyl functional polycarbonyl (polyalkylene oxide) polyurea Inc.1 oligomer P±95±0090 10/17/94 01/15/95 E. F. Houghton & Company1 (S) Amine, cocoalkyl, ethoxylated compounds with cyclododecanol- cyclododecanone-nitric acid reaction product with boiling fraction and isonanoic acid P±95±0091 10/18/94 01/16/95 CBI1 (G) Salt of a phosphate ester P±95±0092 10/18/94 01/16/95 Wacker Silicones Corpora- (G) Copolymer of vinylacetate a higher vinylester and acrylic ester tion1 P±95±0093 10/18/94 01/16/95 3M 1 (G) Hydrofluorocarbon P±95±0094 10/18/94 01/16/95 Essex Speciality Products, (G) Glycol diisocyanate oligomer Inc.1 P±95±0095 10/18/94 01/16/95 Hoechst Celanese1 (G) Urethane adduct of polyvinyl butyral polymer and isocyanatoethyl methacrylate P±95±0096 10/18/94 01/16/95 Ciba-Geigy Corporation1 (S) A polymer of: bisphenol A epoxy resin; bisphenol F epoxy resin; carboxy terminated vinyl copolymer1 P±95±0097 10/18/94 01/16/95 CBI1 (G) Acyl phosphine oxide P±95±0098 10/18/94 01/16/95 CBI1 (G) High solids acrylic modified alkyd P±95±0099 10/18/94 01/16/95 Kerr-McGee Corporation (S) Lithium manganese oxide, spine E&P1 P±95±0100 10/18/94 01/16/95 CBI1 (G) Polyolefin phenolic amide P±95±0101 10/18/94 01/16/95 CBI1 (G) Carboxfunctional polymethylsiloxane P±95±0102 10/18/94 01/16/95 CBI1 (G) Carboxfunctional polymethylsiloxane P±95±0103 10/18/94 01/16/95 Shell Oil Company1 (S) A polymer of: 1,4-benzenedicarboxylic acid; 1,3-propanediol P±95±0104 10/18/94 01/16/95 Shell Oil Company1 (S) A polymer of: 1,4-benzenedicarboxylic acid; 1,3 benzenedicarboxylic acid; 1,3-propanediol P±95±0105 10/18/94 01/16/95 Ashland Chemical Com- (G) Unsaturated polyester pany1 P±95±0106 10/18/94 01/16/95 Dow Corning1 (G) Methylphenylsilsequioxane P±95±0107 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0108 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0109 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0110 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0111 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0112 10/18/94 01/16/95 Dow Elanco1 (G) Substituted pyrimidine P±95±0113 10/18/94 01/16/95 Dow Elanco1 (G) Substituted triazolo pyrimidine P±95±0114 10/18/94 01/16/95 Dow Elanco1 (G) Substituted triazolo pyrimidine P±95±0115 10/18/94 01/16/95 Dow Elanco1 (G) Substituted aniline P±95±0116 10/19/94 01/17/95 Unimac Company, Inc.1 (G) Cleaning detergent P±95±0117 10/19/94 01/17/95 Unimac Company, Inc.1 (G) Cleaning detergent P±95±0118 10/19/94 01/17/95 Unimac Company, Inc.1 (G) Cleaning detergent P±95±0119 10/19/94 01/17/95 Bedoukian Research, Inc.1 (S) 3,6-Nonadien-1-ol, (?,Z)- P±95±0120 10/19/94 01/17/95 3M1 (G) Fluorinated oxazolidinone P±95±0121 10/20/94 01/18/95 CBI1 (S) 2-Propenoic acid, polymer with butyl-2-propenoate, methyl 2- methyl-2-propenoate, and 3-oxo-, 2-((2-methyl-1-oxo-2-pro- penyl)oxy) ethyl butanoate reaction product with ammonia P±95±0122 10/20/94 01/18/95 CBI1 (G) Acrylic polymer P±95±0123 10/20/94 01/18/95 CBI1 (G) Modified acrylic polymer P±95±0124 10/20/94 01/18/95 CBI1 (G) Modified acrylic polymer P±95±0125 10/18/94 01/16/95 Gelest, Inc.1 (S) 3-Cyanopropyl (diisopropyl)dimethyl amino silane P±95±0126 10/20/94 01/18/95 CBI1 (G) Oil modified polyester or alkyd resin P±95±0127 10/24/94 01/22/95 CBI1 (G) Difunctional ketoximino silane 36602 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0128 10/24/94 01/22/95 Rhone Poulenc Incor- (G) Polysaccharide porated1 1 P±95±0129 10/24/94 01/22/95 Witco Chemical Corporation (S) Fatty acids, C16±18 and C18 unsat'd. reaction products with triethanol amine, dimethyl sulfate-quarternized P±95±0130 10/24/94 01/22/95 Omya, Inc.1 (G) Saturated polyester resin P±95±0131 10/24/94 01/22/95 CBI1 (G) Dicarboxylic acid ester P±95±0132 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0133 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0134 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0135 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0136 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0137 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0138 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0139 10/24/94 01/22/95 CBI1 (G) Amine functional polyester polyol P±95±0140 10/24/94 01/22/95 CBI1 (G) Blocked polyisocyanate P±95±0141 10/25/94 01/23/95 OCG Microelectronic Mate- (G) Polyhalomethyl substituted triazine derivative rials, Inc.1 P±95±0142 10/25/94 01/23/95 CBI1 (G) Alkyl modified heptamethyltrisiloxane P±95±0143 10/25/94 01/23/95 CBI1 (G) Alkylamine salt P±95±0144 10/25/94 01/23/95 Mona Industries, Inc.1 (S) [Phosphinylidynetris (oxy) tris [3-aminopropyl -2-hydroxy-N,N-di- methyl-N-C6±18-alkyl] trichlorides P±95±0145 10/25/94 01/23/95 CBI1 (G) Hexanedioic acid dialkyl ester P±95±0146 10/25/94 01/23/95 CBI1 (G) Molybdenum dialkyl dithiophosphate P±95±0147 10/26/94 01/24/95 Eastman Kodak Company1 (G) Substituted sulfonamido substituted aromatic naphthalenecarboxamide P±95±0148 10/26/94 01/24/95 CBI1 (G) Poly(quarternary ammonium salt) grafted styrene acrylate copoly- mer P±95±0149 10/27/94 01/25/95 E.I. Dupont de Nemours & (G) Phosphorylated polyglycol acylate Co., Inc.1 P±95±0150 10/27/94 01/25/95 Hexcel Corporation1 (G) Amine terminated epoxy polymer P±95±0151 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0152 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0153 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0154 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0155 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0156 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0157 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0158 10/27/94 01/25/95 CBI1 (G) Acrylic polymer P±95±0159 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0160 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0161 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0162 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0163 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0164 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0165 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0166 10/27/94 01/25/95 CBI1 (G) Carbamate acrylic polymer P±95±0167 10/31/94 01/29/95 CBI1 (G) Alkenyl succinic acid, ester with polyhydric alcohol P±95±0168 10/31/94 01/29/95 Albright & Wilson Inc.1 (S) Phosphonic acid, 1,1-methylenebis-tetrakis(1-methylethyl) ester P±95±0169 10/31/94 01/29/95 Mitsubishi Chemical Indus- (S) Morpholine, 4-(1-oxo-2-propenyl)- tries America, Inc.1 1 P±95±0170 10/31/94 01/29/95 CBI (S) A polymer of: carboxylic acids, di C4±6; soybean oil, epoxidized Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36603 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0171 10/31/94 01/29/95 CBI1 (G) Divinylbenzene/methacrylic acid copolymer P±95±0172 10/31/94 01/29/95 CBI1 (G) Divinylbenzene/methacrylic acid copolymer, sodium salt P±95±0173 10/31/94 01/29/95 CBI1 (G) Divinylbenzene/methacrylic acid copolymer, potassium salt P±95±0174 10/31/94 01/29/95 CBI1 (G) Ethanol, [[[[disubstituted heteropolycycle]azo]methylphenyl]alkylamino]-, acetate (ester) P±95±0175 11/02/94 01/31/95 CBI1 (G) Substituted purine, metal salt P±95±0176 11/02/94 01/31/95 CBI1 (G) Modified acrylate ester polymer P±95±0177 11/01/94 01/30/95 CBI1 (G) Hydrogenated fatty acid, amide with 1,3 dioxolan-2-one alkoxylated P±95±0178 11/02/94 01/31/95 Eastman Kodak1 (S) A polymer of: terephthalic acid; 2,6-naphthalene dicarboxylic acid; 1,4-hydroquinone diacetate; P-acetoxybenzoic acid P±95±0179 11/02/94 01/31/95 Eastman Kodak1 (S) A polymer of: terephthalic acid; 2,6-naphthalene dicarboxylic acid; 1,4-hydroquinone; P-hydroxybenzoic acid; acetic anhydride P±95±0180 11/02/94 01/31/95 BASF Wyandotte Corpora- (G) Isocyanate polymer tion1 P±95±0181 11/02/94 01/31/95 CBI1 (G) Crosslinked unsaturated polyester-styrene resin P±95±0182 11/02/94 01/31/95 CBI1 (G) Crosslinked unsaturated polyester-styrene resin P±95±0183 11/02/94 01/31/95 CBI1 (G) Crosslinked unsaturated polyester-styrene resin P±95±0184 11/02/94 01/31/95 CBI1 (G) Crosslinked unsaturated polyester-styrene resin P±95±0185 11/03/94 02/01/95 (G) Saturated polyester resin P±95±0186 11/03/94 02/01/95 CBI1 (G) Siloxanes and silicones, di-me, polyether modified P±95±0187 11/04/94 02/02/95 CBI1 (G) Polyurethane P±95±0188 11/04/94 02/02/95 CBI1 (G) Polyaryl and alkyl substituted 1,3-dioxane P±95±0189 11/04/94 02/02/95 Sachem, Inc.1 (S) A polymer of: tetrabutylammonium sulfate P±95±0190 11/07/94 02/05/95 Avery International1 (G) Non-volatile acrylic polymer P±95±0191 11/08/94 02/06/95 CBI1 (G) Epoxy isocyanate adduct P±95±0192 11/08/94 02/06/95 3M 1 (G) Perfluoropolyether diacetate P±95±0193 11/08/94 02/06/95 3M1 (G) Perfluoropolyether dimethylester P±95±0194 11/08/94 02/06/95 3M1 (G) Perfluoropolyether diol P±95±0195 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0196 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0197 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0198 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0199 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0200 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0201 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0202 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0203 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0204 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0205 11/09/94 02/07/95 CBI1 (G) Acrylic copolymer salt P±95±0206 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin maleic anhydride, substituted phenol, paraformaldehyde, trigliceride P±95±0207 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenol, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0208 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenol, paraformaldehyde reaction product, fatty acid, triglyceride coester P±95±0209 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenol, paraformaldehyde reaction product, triglyceride coester P±95±0210 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenol, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0211 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenol, paraformaldehyde reaction product, fatty acid, triglyceride coester 36604 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0212 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, triglyceride coester P±95±0213 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0214 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, triglyceride coester P±95±0215 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, triglyceride coester P±95±0216 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0217 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reacion product, fatty acid, triglyceride coester P±95±0218 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, triglyceride coester P±95±0219 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0220 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, triglyceride coester P±95±0221 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, triglyceride coester P±95±0222 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, paraformaldehyde reaction product, fatty acid, pentaerythritol ester P±95±0223 11/09/94 02/07/95 Akzo Nobel Chemicals Inc.1 (G) Rosin, maleic anhydride, substituted phenols, parformaldehyde reaction product, fatty acid, triglyceride coester P±95±0224 11/09/94 02/07/95 International Specialty Prod- (S) 2-Propenoic acid, 2-methyl, 2-(dimethylamino) ethyl ester, poly- ucts1 mer w/1-ethenylhexahydro-2H-azepin-2-one and vinylpyrrolidone P±95±0225 11/09/94 02/07/95 CBI1 (G) Aqueous polyurethane dispersion P±95±0226 11/09/94 02/07/95 Hoechst Celanese1 (G) Hydroxyl groups containing acrylic copolymer P±95±0227 11/09/94 02/07/95 Huls America Inc.1 (G) Thiocyanatodisiloxane P±95±0228 11/10/94 02/08/95 CBI1 (G) Depleted metal oxide P±95±0229 11/10/94 02/08/95 CBI1 (G) Hydroxy-functional rubber P±95±0230 11/10/94 02/08/95 Ciba-Geigy Corporation1 (G) Diketo-pyrrolpyrrol P±95±0231 11/10/94 02/08/95 Reichhold Chemicals, Inc.1 (G) Polyester resin P±95±0232 11/10/94 02/08/95 CBI1 (G) Alkyl substituted indole P±95±0233 11/10/94 02/08/95 CBI1 (G) Trialkyl substituted indole P±95±0234 11/10/94 02/08/95 CBI1 (G) Bis indole substituted alkene P±95±0235 11/10/94 02/08/95 CBI1 (G) Substituted benzoyl benzoic acid P±95±0236 11/10/94 02/08/95 CBI1 (G) Substituted isobenzofuranone P±95±0237 11/10/94 02/08/95 Ciba-Geigy Corporation1 (G) Carboxylic acid derivative P±95±0238 11/10/94 02/08/95 Ciba-Geigy Corporation1 (G) Carboxylic acid derivative P±95±0239 11/14/94 02/12/95 OM Group, Inc.1 (S) Bismuth naphthenate P±95±0240 11/14/94 02/12/95 CBI1 (G) Azochromium complex dyestuff preparation P±95±0241 11/15/94 02/13/95 CBI1 (G) Perfluoroalkylethyl acrylate copolymer P±95±0242 11/15/94 02/13/95 CBI1 (G) Modified acrylonitrile-styrene resin P±95±0243 11/16/94 02/14/95 Enzymol International, Inc.1 (G) Poly alkylphenol P±95±0244 11/16/94 02/14/95 E.I. Dupont de Nemours & (G) Sodium group IVA metal hydroxyalkanoate Co., Inc.1 P±95±0245 11/16/94 02/14/95 CBI1 (G) Polyester resin P±95±0246 11/16/94 02/14/95 CBI1 (G) Silicon-modified polyester resin P±95±0247 11/16/94 02/14/95 CBI1 (G) Polyester resin P±95±0248 11/17/94 02/15/95 Wacker Silicones Corpora- (G) Aminofunctional siliconate tion1 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36605 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0249 11/17/94 02/15/95 Wacker Silicones Corpora- (G) Aminofunctional polydimethylsiloxane tion1 P±95±0250 11/17/94 02/15/95 Henkel Corporation1 (G) Fatty alcohol ester P±95±0251 11/17/94 02/15/95 Henkel Corporation1 (G) Fatty alcohol ester P±95±0252 11/17/94 02/15/95 Henkel Corporation1 (G) Poly alkyl ester vinyl polymer P±95±0253 11/17/94 02/15/95 Henkel Corporation1 (G) Poly alkyl ester vinyl polymer P±95±0254 11/17/94 02/15/95 Henkel Corporation1 (G) Poly alkyl ester vinyl polymer P±95±0255 11/18/94 02/16/95 CBI1 (G) Aliphatic polyisocyanate P±95±0256 11/18/94 02/16/95 CBI1 (G) Tung phenolic varnish P±95±0257 11/21/94 02/19/95 CBI1 (G) Compounded polymeric solution P±95±0258 11/21/94 02/19/95 Dow Chemical U.S.A.1 (G) Ziegler catalyst alkoxide premix II P±95±0259 11/21/94 02/19/95 Biesterfield U.S., Incor- (S) A polymer of: dichlorosilane; ammonia porated1 P±95±0260 11/21/94 02/19/95 Hercules-Sanyo Incor- (G) Styrene-acrylic resin porated1 P±95±0261 11/21/94 02/19/95 Hercules-Sanyo Incor- (G) Polyester resin porated1 P±95±0262 11/21/94 02/19/95 Hercules-Sanyo Incor- (G) Polyester resin porated1 P±95±0263 11/21/94 02/19/95 Hercules-Sanyo Incor- (G) Polyester resin porated1 P±95±0264 11/21/94 02/19/95 Hercules-Sanyo Incor- (G) Polyester resin porated1 P±95±0265 11/21/94 02/19/95 CBI1 (S) A polymer of: linoleic acid; benzoic acid; glycerol; pentaerythritol; phthalic anhydride P±95±0266 11/21/94 02/19/95 Great Lakes Chemical Cor- (S) Furan, 2-[(hexyloxy)methyl]tetrahydro- poration1 P±95±0267 11/21/94 02/19/95 Phillips Petroleum Company1 (G) Alkyl substituted heterocycle P±95±0268 11/21/94 02/19/95 Phillips Petroleum Company1 (G) Olefin catalyst P±95±0269 11/22/94 02/20/95 Inolex Chemical Company1 (S) Fatty acids, tall-oil, compounds with N-[3-(dimethylamino)propyl] tall-oil amides P±95±0270 11/22/94 02/20/95 Spies Hecker, Inc1 (S) A polymer of: 2-propenoic acid; 2-methyl-2-propenoic acid N-butyl ester; 2-propenoic acid ethylhexyl ester; styrene; 2-methyl-2-prope- noic acid methyl ester; 2-methyl-2-propenoic acid hydroxypropyl ester; 1,3-isobenzofurandione; di-tert.-butylperoxide P±95±0271 11/22/94 02/20/95 Spies Hecker, Inc1 (S) A polymer of: glycidyl neodecanoate; 2-propenoic acid; 2- methylpropenoic acid isobutyl ester; 2-propenoic acid isobutyl ester; 2-methylpropenoic acid 2-ethyl hexyl ester; 2- methylpropenoic acid 2-hydroxyethyl ester; 2-methylpropenoic acid hydroxypropyl ester; styrene; di-tert-butylperoxide P±95±0272 11/22/94 02/20/95 Spies Hecker, Inc.1 (S) A polymer of: 2-methyl-2-propenoic acid 2-ethylhexyl ester; ethenylbenzene; 2-propenoic acid 4-hydroxybutylester; 2-methyl-2- propenoic acid oxiranylmethyl ester; 2-ethylhexaneperoxoic acid 1,1-dimethylethyl ester P±95±0273 11/22/94 02/20/95 Spies Hecker, Inc.1 (S) A polymer of: 1,6-hexanediol; 2-ethyl-2(hydroxymethyl)-1,3- propanediol; 1,4-cyclohexane dicarboxylic acid; isophorone diisocyanate; hexahydrophthalic acid; 2-oxepanone P±95±0274 11/22/94 02/20/95 CBI1 (G) Phenylenebis[imino (chlorotriazinyl)imino (substituted naphthyl)azo(substituted phenyl)azo, sodium salt P±95±0275 11/22/94 02/20/95 CBI1 (G) Etherified urea phenolic resin P±95±0276 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane P±95±0277 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane P±95±0278 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane P±95±0279 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane P±95±0280 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane 36606 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0281 11/22/94 02/20/95 CBI1 (G) Unsaturated polyurethane P±95±0282 11/22/94 02/20/95 CBI (G) Perfluoroalkylethylacrylate copolymer P±95±0283 11/22/94 02/20/95 CBI1 (G) Monosubstituted cycloaliphatic isocyanate, urethane with hydroxyalkyl substituted heterocycle P±95±0284 11/23/94 02/21/95 CBI1 (G) Phosporic acid derivative P±95±0285 11/23/94 02/21/95 CBI1 (G) Neutralized polymer of aliphatic and aromatic acrylates P±95±0286 11/23/94 02/21/95 CBI1 (G) Neutralized polymer of aliphatic and aromatic acrylates P±95±0287 11/23/94 02/21/95 CBI1 (G) Neutralized polymer of aliphatic and aromatic acrylates P±95±0288 11/23/94 02/21/95 CBI1 (G) Neutralized polymer of aliphatic and aromatic acrylates P±95±0289 11/23/94 02/21/95 CBI1 (G) Neutralized polymer of aliphatic and aromatic acrylates P±95±0290 11/23/94 02/21/95 3M1 (S) Reaction products of: benzene, reaction products with chlorine and sulfur chloride (S2Cl2), chlorides; methanol, sodium salt; and phenol, 4,4′-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene)bis P±95±0291 11/25/94 02/23/95 CBI1 (G) Imidazole copolymer P±95±0292 11/25/94 02/23/95 Ciba-Geigy Corporation1 (G) 4,4′-(1-methylethylidene)bis(2,6-dibromophenol), polymer with (chloromethyl)oxirane, ether P±95±0293 11/25/94 02/23/95 UOP1 (S) Cyclohexanamine, 4,4′-methylenebis [N (1-methylpropyl)- P±95±0294 11/25/94 02/23/95 UOP1 (S) Cyclohexanamine, 4,4′-methylenebis [2-methyl-N-(1- methylpropyl)- P±95±0295 11/29/94 02/27/95 CBI1 (G) Inorganic metal complex P±95±0296 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0297 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0298 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0299 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0300 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0301 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0302 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0303 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0304 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0305 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0306 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0307 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0308 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0309 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0310 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0311 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0312 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0313 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0314 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0315 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0316 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0317 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0318 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0319 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0320 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0321 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0322 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0323 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0324 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0325 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36607 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0326 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0327 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0328 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0329 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0330 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0331 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0332 11/29/94 02/27/95 CBI1 (G) Substituted benzene metal halide salt P±95±0333 11/29/94 02/27/95 Jowat Corporation1 (G) Moisture curing polyurethane P±95±0334 11/29/94 02/27/95 Jowat Corporation1 (G) Moisture curing polyurethane P±95±0335 11/29/94 02/27/95 Jowat Corporation1. (G) Moisture curing polyurethane P±95±0336 11/29/94 02/27/95 Jowat Corporation1. (G) Moisture curing polyurethane P±95±0337 11/29/94 02/27/95 Jowat Corporation1. (G) Moisture curing polyurethane P±95±0338 11/29/94 02/27/95 CBI1 (G) Acetylenic alcohol P±95±0339 11/29/94 02/27/95 CBI1 (G) Polyacrylate/methacrylate P±95±0340 11/30/94 02/28/95 Dic Trading (USA) Inc.1 (S) Perchloric acid, lithium salt, trihydrate P±95±0341 12/01/94 03/01/95 Henkel Corporation1 (G) Difunctional aliphatic acrylourethane oligomer P±95±0342 12/02/94 03/02/95 CBI1 (G) Modified amidoamine P±95±0343 12/02/94 03/02/95 CBI1 (G) Diethanolamine salt of a phosphated polycaprolactone P±95±0344 12/05/94 03/05/95 Dow Corning1 (S) Trisiloxane, 1,1,1,3,5,5,5-heptamethyl-3-stearyl- P±95±0345 12/06/94 03/06/95 OSI Specialties, Inc.1 (S) Siloxanes and silicones, di-me, reaction products with silicic acid trimethylsilyl ester and [(trimethylsilyl)oxy]-modified silica P±95±0346 12/06/94 03/06/95 Cytec Industries1 (G) Polyurea prepolymer P±95±0347 12/06/94 03/06/95 CBI1 (G) Phenoic resin salt P±95±0348 12/06/94 03/06/95 Dow Chemical U.S.A.1 (G) Halogenated pyridine salt P±95±0349 12/06/94 03/06/95 CBI1 (G) Polyester isocyanate prepolymer P±95±0350 12/06/94 03/06/95 CBI1 (G) Bisphenol a alkyd with alkyd alkyldienoic acid P±95±0351 12/06/94 03/06/95 CBI1 (G) Alkyd polyether polyurethane P±95±0352 12/06/94 03/06/95 CBI1 (G) An azo monochloro triazine reactive dye P±95±0353 12/06/94 03/06/95 CBI1 (G) An azo monochloro triazine reactive dye P±95±0354 12/07/94 03/07/95 CBI1 (G) Triethylenetetramine formalin condensate P±95±0355 12/07/94 03/07/95 Henkel Corporation1 (S) Poly (oxy-1,2 ethanediyl), alpha-[4-(1,1-dimethyl ethyl)phenyl] ether (ethoxylated 4-tertbutyl phenol) P±95±0356 12/07/94 03/07/95 CBI1 (G) Cashew elastomer hexa mineral-filled resin P±95±0357 12/07/94 03/07/95 CBI1 (G) Isophorone diisocyanate, polyester type polyurethane P±95±0358 12/07/94 03/07/95 CBI1 (G) Cyclohexyl alkyl ether propionate P±95±0359 12/12/94 03/12/95 CBI1 (G) Polymerized trimethyl-1,2-dihydroquinoline reaction product P±95±0360 12/12/94 03/12/95 CBI1 (G) Mixed sodium/lithium salt of a substituted naphthalene disulfonic acid P±95±0361 12/12/94 03/12/95 CBI1 (G) Polyol ester P±95±0362 12/12/94 03/12/95 Shell Oil Company1 (S) Dicyclopentadiene-1,3-pentadiene reaction product P±95±0363 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0364 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0365 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0366 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0367 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0368 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0369 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0370 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0371 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin 36608 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0372 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0373 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0374 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0375 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0376 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0377 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0378 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0379 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0380 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0381 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0382 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0383 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0384 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0385 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0386 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0387 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0388 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0389 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0390 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0391 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0392 12/12/94 03/12/95 CBI1 (G) Acid functional polymeric resin P±95±0393 12/12/94 03/12/95 CBI1 (G) Polyester polyether isocyanate P±95±0394 12/12/94 03/12/95 CBI1 (G) Polyester polyether isocyanate P±95±0395 12/12/94 03/12/95 CBI1 (G) Polyester polyether isocyanate P±95±0396 12/12/94 03/12/95 CBI1 (G) Polyester polyether isocyanate P±95±0397 12/12/94 03/12/95 Hoechst Celanese1 (G) Heterocycle substituted ethanol P±95±0398 12/12/94 03/12/95 CBI1 (G) Alkyl silicates P±95±0399 12/12/94 03/12/95 Gelest, Inc.1 (G) Monomethacrylate functional polydimethylsiloxane P±95±0400 12/12/94 03/12/95 CBI1 (G) Alkyl ether alcohol P±95±0401 12/13/94 03/13/95 Atlantic Richfield Company (S) Alcohols, C11±C14-ISO-, C13 rich, propoxylated P±95±0402 12/13/94 03/13/95 CBI1 (G) Toluene diisocyanate terminated polyether polyol P±95±0403 12/13/94 03/13/95 CBI1 (G) Complex reaction product of t-butyl, dihydroxycarbopolycycle and bis(dimethylaminosubstituted)carbomonocycle P±95±0404 12/13/94 03/13/95 3M1 (S) 2,2,3,3,5,5,6,6,-octafluoro-4-(pentafluoroethyl)-morpholine P±95±0405 12/13/94 03/13/95 CBI1 (G) Reaction product of benzene,1,1′, methylenebis [isocyanato-], with glyceryl tri-ester of hydroxyoleic acid P±95±0406 12/14/94 03/14/95 Hoechst Celanese1 (G) 2-anilino-5-cyano-3-(2-(substituted)-6-(substituted)-4- methylpyridine P±95±0407 12/14/94 03/14/95 Hoechst Celanese1 (G) 2-anilino-5-cyano-3-(2-(substituted)-6-(substituted)-4- methylpyridine P±95±0408 12/15/94 03/15/95 CBI1 (G) An azo monochloro triazine metal complex P±95±0409 12/16/94 03/16/95 Coates Brothers Inks (USA), (G) Epoxy acrylate Inc.1 P±95±0410 12/20/94 03/20/95 CBI1 (G) Allyl ester oligomer P±95±0411 12/20/94 03/20/95 Elf Atochem North America, (S) Neodecaneperoxoic acid, 3-hydroxy-1, 1-dimethyl butyl ester Inc.1 P±95±0412 12/20/94 03/20/95 Dow Corning1 (G) Aryl polyurea P±95±0413 12/20/94 03/20/95 CBI1 (G) Pentaerythritol esters of linear and branched fatty acids P±95±0414 12/20/94 03/20/95 CBI1 (G) Pentaerythritol esters of linear and branched fatty acids P±95±0415 12/16/94 03/16/95 CBI1 (G) Mixed alkyl borate esters Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36609 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0416 12/16/94 03/16/95 Finetex, Inc.1 (S) Docosanyl benzoate (behenyl benzoate) P±95±0417 12/19/94 03/19/95 CBI1 (G) Polycarbonate polyurethane P±95±0418 12/20/94 03/20/95 Hoechst Celanese1 (G) Polymethine dye P±95±0419 12/16/94 03/16/95 Genencor, Inc.1 (S) Escherichia coli K-12 modified to contain the naphthalene dioxygenade cluster from pseudomonas putida P±95±0420 12/19/94 03/19/95 Dow Chemical U.S.A.1 (S) 4-Ethylcyclohexanone P±95±0421 12/19/94 03/19/95 Dow Chemical U.S.A.1 (S) Cyclohexanone, 2,6-bis[(4-azidophenyl)methylene]-4-ethyl- P±95±0422 12/20/94 03/20/95 Dow Chemical U.S.A.1 (G) Substituted cyclopentadienyl metal complex P±95±0423 12/20/94 03/20/95 Cardolite Corporation1 (G) Amine epoxy curing agent P±95±0424 12/20/94 03/20/95 Cardolite Corporation1 (G) Amine functional epoxy curing agent P±95±0425 12/20/94 03/20/95 Cardolite Corporation1 (G) Epoxy amine functional curing agent P±95±0426 12/20/94 03/20/95 Bedoukian Research, Inc.1 (S) 2-decen-1-al, (E)- P±95±0427 12/20/94 03/20/95 CBI1 (G) Carboxylic acid copolymer P±95±0428 12/22/94 03/22/95 CBI1 (G) High solids polyester resin P±95±0429 12/22/94 03/22/95 CBI1 (G) Polyurethane polymer P±95±0430 12/22/94 03/22/95 CBI1 (G) Polyurethane polymer P±95±0431 12/22/94 03/22/95 CBI1 (G) Polyurethane polymer P±95±0432 12/22/94 03/22/95 CBI1 (G) Polyurethane polymer P±95±0433 12/22/94 03/22/95 CBI1 (G) Polyurethane polymer P±95±0434 12/22/94 03/22/95 3M1 (G) 2-propenoic acid, isooctyl ester copolymer P±95±0435 12/23/94 03/23/95 Dow Chemical Company1 (G) Substituted quinoline P±95±0436 12/23/94 03/23/95 CBI1 (G) Ionic polyurethane with partially blocked isocyanates P±95±0437 12/27/94 03/27/95 CBI1 (S) 3-(1,1-dimethylethyl)cyclohexanol, acetate- P±95±0438 12/27/94 03/27/95 CBI (G) Fatty acids, reaction products with alkyl polyamine quaternized with dialkyl sulfate P±95±0439 12/27/94 03/27/95 CBI (G) Fatty acids, reaction products with alkyl polyamine quaternized with dialkyl sulfate P±95±0440 12/27/94 03/27/95 CBI (G) Fatty acids, reaction products with alkyl polyamine quaternized with dialkyl sulfate P±95±0441 12/27/94 03/27/95 CBI (G) Fatty acids, reaction products with alkyl polyamine quaternized with dialkyl sulfate P±95±0442 12/27/94 03/27/95 CBI (G) Fatty acids, reaction products with alkyl polyamine quaternized with dialkyl sulfate P±95±0443 12/27/94 03/27/95 CBI1 (G) Polymeric quaternary ammonium compound P±95±0444 12/27/94 03/27/95 EMS American Grilon Inc. (S) Polyester of terephtalic acid, isophthalic acid, adipic acid and 1,4 - butane diol P±95±0445 12/28/94 03/28/95 NOF America Corporation (G) Compatibility agent P±95±0446 12/28/94 03/28/95 Cardolite Corporation (G) Amime epoxy curing agent P±95±0447 12/28/94 03/28/95 EMS American Grilon Inc. (S) Copolyamide (nylon-copolymer), polycondensated from adipic acid, sebacic with hexamethylene diamine and meta-xylene- diamine P±95±0448 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0449 12/28/94 03/28/95 CBI÷ (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0450 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0451 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0452 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0453 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0454 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0455 12/28/94 03/28/95 CBI1 (G) Polyurethane based on polyols, polyisocyanates and polyamines P±95±0456 12/28/94 03/28/95 Amfine Chemical Corpora- (G) Hexanedioic acid, polymer with diols and a monohydric alcohol tion1 36610 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0457 12/28/94 03/28/95 CBI1 (G) Starch, 2-carboxy-2-substituted-ether P±95±0458 12/28/94 03/28/95 CBI1 (G) Starch, 2-carboxy-2-substituted-ether P±95±0459 12/29/94 03/29/95 International TLB Research (S) TLB microbial fertilizer Institute, Inc.1 P±95±0460 12/29/94 03/29/95 CBI1 (G) Methyl ethyl ketoxime capped polyurethane prepolymer P±95±0461 12/30/94 03/30/95 CBI1 (G) Reaction product of an epoxy resin and a phenol compound P±95±0462 01/03/95 04/03/95 CBI1 (G) Benzoic acid derivative P±95±0464 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0465 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0466 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0467 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0468 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0469 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0470 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0471 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0472 01/03/95 04/03/94 CBI1 (G) Urethane ethoxylate P±95±0473 01/03/95 04/03/95 Ashland Chemical Com- (G) Unsaturated polyester pany1 P±95±0474 01/04/95 04/04/95 Dow Corning1 (G) Amino-functional cyclosiloxanes P±95±0475 01/04/95 04/04/95 E.I. Dupont de Nemours & (G) 1-methyl-4-substituted pyrazole-5-sulfonamide Co., Inc.1 P±95±0476 01/04/95 04/04/95 Dow Corning1 (G) Treated silica P±95±0477 01/04/95 04/04/95 CBI1 (S) 9H-fluorene-9-carboxylic acid, 9-hydroxy P±95±0478 01/04/95 04/04/95 CBI1 (G) Unsaturated polyester oligomer P±95±0479 01/04/95 04/04/95 Master Builders, Inc.1 (G) 2-propenyl polyester urethane oxirane oligomer P±95±0480 01/04/95 04/04/95 CBI1 (S) A polymer of: siloxanes and silicones, di-me, me hydrogen; ben- zene, (1-methylethenyl)-; 1-octene P±95±0481 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0482 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0483 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0484 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0485 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0486 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0487 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0488 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0489 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0490 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0491 01/05/95 04/05/95 CBI1 (G) Condensation polyester of glycols and diacids P±95±0492 01/06/95 04/06/95 Eastman Kodak Company1 (G) Heterocyclic substituted sulfonamido substituted naphthalene carboxamide P±95±0507 01/09/95 04/09/95 Dow Corning1 (G) Aminoacrylate-functional silica P±95±0508 01/09/95 04/09/95 Dow Corning1 (G) Aminoacrylate-functional silica P±95±0509 01/06/95 04/06/95 Hoechst Celanese1 (G) Nuva FSN P±95±0510 01/09/95 04/09/95 CBI1 (G) [(Disubstituted phenyl) azo]-dihydro-hydroxy-alkyl-oxo-alkyl-sub- stituted pyridine P±95±0511 01/09/95 04/09/95 CBI1 (G) Alkyl[(disubstituted phenyl) azo]-dihydro-hydroxy-alkyl-oxo-alkyl- substituted pyridine P±95±0512 01/10/95 04/10/95 Ciba-Geigy Corporation1 (G) Aminofluoran derivative P±95±0513 01/10/95 04/10/95 CBI1 (G) N-[2-[(Substituted dinitrophenyl)azo]-diallylamino-4-substituted phenyl]-acetamide P±95±0514 01/10/95 04/10/95 CBI1 (G) Substituted diphenyl azo dye Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36611 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0515 01/10/95 04/10/95 CBI1 (G) Polyimidesulfone P±95±0516 01/10/95 04/10/95 CBI1 (G) Rubber modified polyamide P±95±0517 01/10/95 04/10/95 CBI1 (G) Polyester resin P±95±0518 01/10/95 04/10/95 NA Industries, Inc.1 (G) Water soluble polymer containing oxazoline group P±95±0519 01/10/95 04/10/95 Finetex, Inc.1 (S) 1-Methoxypropan-2-oxyethanoic acid, sodium salt P±95±0520 01/10/95 04/10/95 Finetex, Inc.1 (S) (2-methoxymethylethoxy)propan-2-oxyethanoic acid sodium salt P±95±0521 01/10/95 04/10/95 Finetex, Inc.1 (S) 1-(1-Methyl-2-propoxyethoxy)propan-2-oxyethanoic acid, sodium salt P±95±0522 01/10/95 04/10/95 Aspect Minerals, Inc.1 (S) Chemically-modified muscovite mica or chemically-modified hy- drated aluminum potassium silicate P±95±0523 01/11/95 04/11/95 Hoechst Celanese 1 (G) Epoxide amine modified cationic acrylic resin P±95±0524 01/11/95 04/11/95 CBI1 (G) Polyurethane elastomer P±95±0525 01/11/95 04/11/95 CBI (G) Acrylic polymer P±95±0526 01/11/95 04/11/95 CBI (G) Polyester resin P±95±0527 01/11/95 04/11/95 CBI (G) Polyester/acrylic copolymer P±95±0528 01/11/95 04/11/95 CBI1 (G) Polymer of mixed olefins grafted with vinyl heteromonocycle mon- omer P±95±0529 01/11/95 04/11/95 Engelhard1 (S) Titanium silicate, hydrogen, sodium, potassium mixed salt P±95±0530 01/13/95 04/13/95 Ausimont USA, Inc.1 (S) A polymer of: tetrafluoroethene; trifluoro(trifluoromethoxy)ethene; 1,1,1,2,2,3,3,-heptafluoro-3-[(trifluoroethenyl)oxy]-propane P±95±0531 01/12/95 04/12/95 E.I. Dupont de Nemours & (G) Silane grafted ethylene based polymer Co., Inc.1 P±95±0532 01/13/95 04/13/95 Dic Trading (USA) Inc.1 (S) Poly(oxy-1,2-ethanediyl),.alpha., alpha. ′,.alpha.′′±1,2,3- propanetriyltris[.omega.-[(1-oxo-2-propenyl)oxy]- P±95±0533 01/17/95 04/17/95 Hoechst Celanese1 (S) A polymer of: neodecanoic acid, oxiranyl methyl ester; styrene; methylmethacrylate; 2-hydroxypropyl methacrylate; acrylic acid; dimethylethanolamine P±95±0534 01/17/95 04/17/95 Asahi Chemical Industry (S) Bis(2-hydroxypropanoato)-manganese America Inc.1 P±95±0535 01/17/95 04/17/95 Champion International Cor- (G) Reaction products of formalin (37%) with amine C±12 [the frac- poration1 tional forecuts-diethylene glycol and ammonia] P±95±0536 01/17/95 04/17/95 E.I. Dupont de Nemours & (G) Sodium group IVA metal hydroxyalkanoate Co., Inc.1 P±95±0537 01/18/95 04/18/95 Cardolite Corporation1 (G) Cashew elastomer hexa mineral-filled resin P±95±0538 01/18/95 04/18/95 CBI1 (S) 2-Naphthalenol, 1-[(4-phenylazo)phenyl)azo-, ar-heptyl, ar′,ar′′- methyl derivatives P±95±0539 01/18/95 04/18/95 CBI1 (G) Acrylate functional polyurethane resin P±95±0540 01/19/95 04/19/95 E.I. Dupont de Nemours & (G) Polyamide Co., Inc.1 P±95±0541 01/19/95 04/19/95 CBI1 (G) Aspartic ester P±95±0542 01/18/95 04/18/95 CBI1 (G) Reaction products of substituted and disubstituted anilines with paraformaldehyde, lower aliphatic and hydrochloric acids, oxygen and a substituted quinone P±95±0543 01/18/95 04/18/95 CBI (G) Crosslinked alginate P±95±0544 01/19/95 04/19/95 Marubeni America Corpora- (S) A polymer of: acrylonitrile; methyl methacrylate; methyl acrylate; tion pcg diacrylate; di-isopropyl peroxy dicarbonate; 2-hydroxypropyl methacrylate P±95±0545 01/19/95 04/19/95 Marubeni America Corpora- (S) A polymer of: acrylonitrile; methacrylonitrile; iso-bornyl methacry- tion late; ethyleneglycol dimethacrylate; 2,2-azobisisobutylonitrile P±95±0546 01/20/95 04/20/95 Spies Hecker, Inc. (G) Polymer of methyl methacrtlate, 2-ethylacrylate, butylate acrylic acid and methyl (2-hydroxy ethyl) alkene derivative P±95±0547 01/20/95 04/20/95 Hoechst Celanese1 (G) Disubstituted naphthalene sulfonic acid salt P±95±0548 01/23/95 04/23/95 The C.P. Hall Company (S) Dibutoxypropoxypropyl decanedioate P±95±0549 01/23/95 04/23/95 The C.P. Hall Company 1 (S) Dibutoxyproxypropyl adipate 36612 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0550 01/23/95 04/23/95 CBI1 (G) Polyester isocyanate polymer P±95±0551 01/23/95 04/23/95 CBI1 (G) Polyester isocyanate polymer P±95±0552 01/23/95 04/23/95 CBI1 (G) Polyester isocyanate polymer P± 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; diethanolamine P±95±0793 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; 1-propanol, 2- dimethylamino-2-methyl P±95±0794 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; 1,3-propanediol, 2- amino-2-(hydroxymethyl) P±95±0795 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; diisopropanolamine P±95±0796 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; triisopropanolamine P±95±0797 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; amines, cocoalkyl P±95±0798 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; dihexylamine, 2,2′- diethyl P±95±0799 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; 9-octodecen-1- amine P±95±0800 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid homopolymer; amines, cocoalkyl, ethoxylated P±95±0801 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; potassium hydroxide P±95±0802 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; sodium hydroxide P±95±0803 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; ammonium hydroxide P±95±0804 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; sodium hydroxymethyl glycinate P±95±0805 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; ethanolamine P±95±0806 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; 1-propanol, 2-amino-2-methyl P±95±0807 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; triethylamine P±95±0808 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; diethanolamine P±95±0809 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; 1-propanol, 2-dimethylamino-2-methyl P±95±0810 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; 1,3-propanediol, 2-amino-20(hydroxymethyl) P±95±0811 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; diisopropanolamine P±95±0812 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; triethanolamine P±95±0813 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; 9-octadecen-1-amine P±95±0814 03/06/95 06/04/95 CBI1 (S) A polymer of: 2-propenoic acid, 2-methyloctadecyl ester, polymer with 2-propenoic acid; amines, cocoalkyl, ethoxylated P±95±0815 03/08/95 06/06/95 GE Plastics1 (S) Phenol, 2,6-dimethyl-, homopolymer, 2,4,6-trimethylphenyl-termi- nated P±95±0816 03/09/95 06/07/95 Genesee Polymers1 (G) Amine functional silicone fluid P±95±0817 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0818 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0819 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0820 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0821 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0822 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36613 Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0823 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0824 03/08/95 06/06/95 S. C. Johnson & Son, Inc.1 (G) Amine functional silicone fluid P±95±0825 03/08/95 06/06/95 Hoechst Celanese1 (S) A polymer of: sunflower fatty acid; trimethylolpropane; pentaeryth- ritol; benzoic acid; phthalic acid anhydride; versatic acid glycidylester P±95±0826 03/09/95 06/07/95 CBI1 (G) Substituted methyl ester of benzoic acid P±95±0827 03/09/95 06/07/95 Ciba-Geigy Corporation1 (G) Sodium salt of substituted naphthalenesulfonic acid P±95±0828 03/10/95 06/08/95 Garrison Industries Inc1 (S) Methanone (2,4-dihydroxyphenyl) (4-hydroxyphenyl) P±95±0829 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0830 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0831 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0832 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0833 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0834 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0835 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0836 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0837 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0838 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0839 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0840 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0841 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0842 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0843 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0844 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0845 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0846 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0847 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0848 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0849 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0850 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0851 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0852 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0853 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0854 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0855 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0856 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0857 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0858 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0859 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0860 03/14/95 06/12/95 CBI1 (G) Polymeric colorant P±95±0861 03/13/95 06/11/95 Conrad Industries, Inc.1 (S) Plastics, post-consumer easte, pyrolyzed, pyrolysis oil P±95±0862 03/14/95 06/12/95 CBI1 (G) Salt of a substituted mineral acid P±95±0863 03/14/95 06/12/95 CBI1 (G) Salt of a substituted mineral acid P±95±0864 03/14/95 06/12/95 CBI1 (G) Polyhydroxyester of epoxidized soybean oil with alkyl-aryl sulphonic acids in mineral oil and rape oil P±95±0865 03/14/95 06/12/95 Ashland Chemical Com- (G) Copolymer of acrylic esters, methacrylic esters, and acrylamide pany1 P±95±0866 03/14/95 06/12/95 Arizona Electric Power Co- (S) Iron (III)-EDTA complex ((ethylenedinitrilo) tetraacetato) ferrate (1- operative Inc1 ) P±95±0867 03/14/95 06/12/95 CBI1 (G) Modified araliphatic amine 36614 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected Case No. Received Notice End Manufacturer/Importer Chemical Date Date P±95±0868 03/14/95 06/12/95 Rheox, Inc.1 (G) Diamide P±95±0869 03/15/95 06/13/95 CBI1 (G) Polyester polyol, acetoacetate ester P±95±0870 03/15/95 06/13/95 CBI1 (G) Organosilane ester P±95±0871 03/16/95 06/14/95 Ciba-Geigy Corporation1 (G) Substituted phenyl azo substituted phenyl oxy alkyl amino ester P±95±0872 03/15/95 06/13/95 Mitsui & Co., (U.S.A.) Inc.1 (S) 4-(3-(3,5-di-t-butyl-4-hydroxyphenyl)propionyloxy)-1-[2-[3,5-di-t- butyl-4-hydroxyphenyl)propionyloxy]ethyl]-2,2,6,6-tetramethyl-piper- idine P±95±0873 03/15/95 06/13/95 Carapace, Inc.1 (S) Benzene, 1,1′-methylene-bis [isocyanato]-polymer with poly (oxy- 1, 2-ethanediyl), alpha-hydro-W-hydroxy and denatured ethanol P±95±0874 03/15/95 06/13/95 CBI1 (G) Textile sulfur dye produced from substituted aniline P±95±0875 03/17/95 06/05/95 CBI1 (G) Hydrogenated acid-isomerized alcohol P±95±0876 03/14/95 06/12/95 3M1 (G) Polyurethane polymer of 1,1′-methylenebis(4-isocyanatobenzene) and polyols P±95±0877 03/14/95 06/12/95 3M1 (G) Silicone polymer P±95±0878 03/17/95 06/15/95 CBI1 (G) Organosilane ester P±95±0879 03/17/95 06/15/95 CBI1 (G) Alkylamine salt of a substituted-heteropolycycle-alkyl- [[disubstituted heteropolycycle]] P±95±0880 03/17/95 06/15/95 CBI1 (G) Salt of a substituted bis((disubstituted heteromonocycle)) P±95±0881 03/17/95 06/15/95 E.I. Dupont de Nemours & (G) Substituted aromatic acid salt Co., Inc1 P±95±0882 03/20/95 06/18/95 CBI1 (G) Substituted alkylbenzene P±95±0883 03/20/95 06/18/95 CBI1 (G) Organosilane ester P±95±0884 03/20/95 06/18/95 CBI1 (G) Dioctylthiophosphorylpolysulfide P±95±0885 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0886 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0887 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0888 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0889 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0890 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0891 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt P±95±0892 03/02/95 05/31/95 Lilly Industrial Coatings, Inc.1 (G) Acrylic resin salt /1/ Submissions where health and saftey data was received from the Manufacturer/Importer. II. 79 Polymer Exemption Notices Received From: 10/01/94 to 03/19/95. Projected No- Case No. Received Date tice End Date Manufacturer/Importer Chemical Y±95±0001 10/04/94 10/25/94 C. J. Osborn Chemi- (G) Silicone epoxy resin cals, Inc. Y±95±0002 10/07/94 10/28/94 CBI (S) A polymer of: dimethyl terephthalate; 2- methyl-1, 3- propanediol; diethylene glycol; dibutylin oxide Y±95±0003 10/18/94 11/08/94 Minolta Corporation (G) Alpha-olefins, alkenylbenzene copolymer Y±95±0004 10/18/94 11/08/94 CBI (G) Acrylic polymer Y±95±0005 10/18/94 11/08/94 CBI (G) High solids polyester resin Y±95±0006 10/19/94 11/09/94 CBI (G) Aliphatic polyurethaneurea Y±95±0007 10/20/94 11/10/94 McWhorter, Inc. (G) Unsaturated polyester Y±95±0008 10/26/94 11/16/94 Sicpa Company (G) Intaglio ink varnish Y±95±0009 10/26/94 11/16/94 Cardolite Corporation (G) Cashew elastomer hexa mineral-filled resin Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36615 Projected No- Case No. Received Date tice End Date Manufacturer/Importer Chemical Y±95±0010 10/27/94 11/17/94 Rheox, Inc. (G) Polyesteramide resin Y±95±0011 10/28/94 11/18/94 Lilly Industrial Coat- (G) Modified hydrocarbon resin ings, Inc. Y±95±0012 11/03/94 11/24/94 CBI (G) Polyester Y±95±0013 11/10/94 12/01/94 CBI (G) Seycofilm pe±100 Y±95±0014 11/10/94 12/01/94 CBI (G) Bc-bind Y±95±0015 11/09/94 11/30/94 Toyobo New York, Inc. (S) 1,3-benzenedicarboxylic acid, polymer with decanedioic acid, 1,2,4-benzenetricarboxylic acid, 1,2-propanediol and 1,2-ethanediol Y±95±0016 11/09/94 11/30/94 Toyobo New York, Inc. (S) 1,3-benzenedicarboxylic acid, polymer with 1,4- benzenedicarboxylic acid, 1,2-propanediol, 1,2-ethanediol and 2-ethyl-2-(hydroxymethyl)-1,3-propanediol Y±95±0017 11/09/94 11/30/94 Toyobo New York, Inc. (S) 1,4-benzenedicarboxylic acid, polymer with 1,2- propanediol, 1,2-ethanediol and 2-ethyl-2-(hydroxymethyl)- 1,3-propanediol Y±95±0018 11/10/94 12/01/94 CBI (S) A polymer of: tall oil fatty acids; 1,3 trimethylol propane; neo pentyl glycol; isophthalic acid; maleic anhydride; phthal- ic anhydride Y±95±0019 11/21/94 12/12/94 Reichhold Chemicals, (G) Polyester resin Inc. Y±95±0020 11/22/94 12/13/94 CBI (G) Acrylic modified alkyd copolymer Y±95±0021 11/22/94 12/13/94 CBI (G) Modified acrylic polymer Y±95±0022 11/29/94 12/20/94 Akzo Nobel Chemicals (G) Polyurethane polyol Inc. Y±95±0023 11/30/94 12/21/94 GE Plastics (S) Phenol, 2,6-dimethyl-, homopolymer, 2,4,6-trimethylphenyl- terminated Y±95±0024 12/05/94 12/26/94 Specialty Polymers, Inc (S) A polymer of: ethenyl benzene; methyl 2-methyl 2- propenoate; 2-ethylhexyl 2-propenoate; butyl 2-propenoate; 2-methyl-2-propenoic acid; ammonium persulfate Y±95±0025 12/08/94 12/29/94 Carapace, Inc. (S) Benzene, 1,1′-methylene-bis [isocyanato]-polymer with poly (oxy-1,2-ethanediyl), alpha-hydro-W-hydroxy and dena- tured ethanol Y±95±0026 12/08/94 12/29/94 CBI (G) Oil modified alkyd resin Y±95±0027 12/19/94 01/09/95 CBI (G) Copolymer of acrylic and methacrylic esters Y±95±0029 12/29/94 01/19/95 Reichhold Chemicals, (G) Acrylic copolymer Inc. Y±95±0030 12/30/94 01/20/95 Reichhold Chemicals, (G) Alkyd modified acrylics Inc. Y±95±0031 01/13/95 02/03/95 CBI (G) Aliphatic alcohol polymer Y±95±0032 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0033 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0034 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0035 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0036 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0037 01/17/95 02/07/95 CBI (G) Powder polyester polymer Y±95±0038 01/18/95 02/08/95 CBI (G) Alkali-swellable polyacrylate thickner Y±95±0039 01/18/95 02/08/95 Air Products and (G) Styrene/acrylic ester multipolymer Chemicals, Inc. Y±95±0040 01/19/95 02/09/95 GE Plastics (G) Sulphonated polystyrene amine complex Y±95±0041 01/25/95 02/15/95 Eastman Kodak (S) A polymer of: 1-hexene; and a catalyst containing; triethyl aluminum, titanium tetrachloride, supported on magnesium chloride, cyclohexylmethyldimethoxysilane Y±95±0042 01/30/95 02/20/95 CBI (G) Isophthalic acid polymer with cyclialcohol and alkyldiamine Y±95±0043 01/30/95 02/20/95 CBI (G) Alkyd resin Y±95±0044 01/30/95 02/20/95 CBI (G) Alkyd resin 36616 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Projected No- Case No. Received Date tice End Date Manufacturer/Importer Chemical Y±95±0045 02/02/95 02/23/95 CBI (G) Unsaturated polyester Y±95±0046 01/31/95 02/21/95 Toyobo New York, Inc. (S) 1,1′′-methylenebis(4-isocyanatobenzene), polymer with 1,3-benzenedicarboxylic acid, 1,2-benzenedicarboxylic acid, 2,2-dimethyl-1,3-propanediol,1,2-ethanediol, bis(hydroxymethyl) cyclohexane, and 5-sulfo-1, 3- benzenedicarboxylic acid monosodium salt Y±95±0047 02/08/95 03/01/95 Gateway Additive Co. (G) Pentaerythritol polymeric ester with fatty and succinic acids Y±95±0048 02/17/95 03/10/95 CBI (G) Organically modified polysiloxane Y±95±0049 03/02/95 00/00/00 John C. Dolph Co. (S) A polymer of: tall oil acids; tall oil; rosin, fortified; trimethylol propane; isophthalic acid Y±95±0050 03/07/95 03/28/95 CBI (G) Acrylic polymer Y±95±0051 03/09/95 03/30/95 Reichhold Chemicals, (G) Polyester resin Inc. Y±95±0052 03/09/95 03/30/95 C. J. Osborn Chemi- (G) Silicone polyester cals, Inc. Y±95±0053 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0054 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0055 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0056 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0057 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0058 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0059 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0060 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0061 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0062 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0063 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0064 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0065 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0066 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0067 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0068 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0069 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0070 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0071 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0072 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0073 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0074 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0075 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0076 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0077 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0078 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0079 03/15/95 04/05/95 CBI (G) Modified polyurethane Y±95±0080 03/20/95 04/10/95 CBI (G) Poly-ester urethane polyol dispersion III. 9 Test Market Exemption Applications Received From: 10/01/94 to 03/19/95. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36617 Projected Case No. Received Notice End Manufacturer/Importer Use Chemical Date Date T±95±0001 02/22/95 04/08/95 CBI (G) UV Absorber (G) N,N′,N′′ ± triphenylmelamine derivative T±95±0002 02/23/95 04/09/95 Lubricants Additives (S) Lubricant Additive (G) Synthetic silver complex Research Co. T±95±0003 03/27/95 05/11/95 Reichhold Chemicals, (S) Adhesive to ad- (G) Polyurethane adhesives Inc. here various mate- rials T±95±0004 03/29/95 05/13/95 Reichhold Chemicals, (S) Adhesive to ad- (G) Polyurethane adhesive Inc. here paper to paper in the assembly o T±95±0005 04/18/95 06/02/95 Westvaco (G) Corrosion inhibi- (S) Reaction products of maleated tall oil fatty acid tor, for destructive ethylene glycol ester, potassium salts with reac- and contained tion products of fatty acids, tall-oil with diethylenetriamine T±95±0006 04/18/95 06/02/95 Westvaco (G) Corrosion inhibi- (S) Reaction products of maleated tall oil fatty acid tor, for destructive ethylene glycol ester, ammonium salts with reac- and contained tion products of fatty acids, tall-oil with diethylenetriamine T±95±0007 04/18/95 06/02/95 Westvaco (G) Corrosion inhibi- (S) Reaction products of maleated tall oil fatty acid tor, for destructive diethylene glycol ester, potassium salts with reac- and contained tion products of fatty acids, tall-oil with diethylenetriamine T±95±0008 04/18/95 06/02/95 Westvaco (G) Corrosion inhibi- (S) reaction products of maleated tall oil fatty acid tor, for destructive diethylene glycol ester, ammonium salts with re- and contained action products of Fatty acids, tall-oil with diethylenetriamine T±95±0009 04/18/95 06/02/95 IPS Corporation (G) Industrial adhesive (S) Basic raw material in the formulation of an adhesiv(s) rg 600-polyester polyols IV. 443 Notices of Commencement Received From: 10/01/94 to 03/19/95. Commence- Case No. Received ment/Import Chemical Date Date P±94±1414 09/30/94 08/31/94 (G) Fatty acid modified polyester P±94±1648 09/30/94 08/31/94 (G) Neutralized fluorocarbon modified polyacrylate P±91±1009 10/03/94 09/02/94 (G) Substituted alkyl alcohol P±93±1073 10/03/94 09/01/94 (G) Acrylic copolymer Y±94±0086 10/03/94 08/31/94 (G) Aliphatic diisocyanate polymer P±94±1569 10/04/94 09/19/94 (G) Alkylbenzene sulfonic acid Y±94±0163 10/04/94 09/14/94 (G) Saturated, oil-free polyester resin Y±94±0113 10/04/94 09/21/94 (G) Acrylic copolymer Y±94±0167 10/04/94 09/07/94 (G) Polyester glycol P±94±1446 10/04/94 09/02/94 (G) Organo phosphorous halide P±94±1549 10/04/94 09/16/94 (G) Polyether polyester polyurethane P±94±1721 10/12/94 10/10/94 (G) Strontium aluminate P±94±1726 10/18/94 10/06/94 (G) Phosphomolybdotungstic salt of 2-[[2-cyano-3-substituted)amino]phenyl]-1-oxo-propenyl]oxy P±94±1578 10/04/94 09/15/94 (G) Aliphatic isocyanate terminated prepolymer P±94±1001 10/05/94 09/27/94 (G) Guerbet alcohol ester P±94±0134 10/05/94 09/09/94 (G) Copper hexacyanoferrate of the xanthene dye stuff P±94±1475 10/06/94 08/22/94 (S) Aspergillus oryzae P±94±1718 10/06/94 09/14/94 (G) Hydroxyalkyl amino-substituted heterocarbocycle-bis(amino-substituted carbocycle azosulfonylcarbopolycyclic) salt 36618 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Commence- Case No. Received ment/Import Chemical Date Date P±94±1792 10/06/94 09/29/94 (G) Bornyloxy substituted alkyl alkanol P±94±1231 10/07/94 09/21/94 (S) A polymer of: chemically modified polyolefin; nylon 6,6 (poly[imino(1,6-dioxo-1,6-hexanediyl) imino-1,6-hexanediyl]) P±94±1232 10/07/94 09/21/94 (S) A Polymer of: chemically modified polyolefin; nylon 6 (polyhexahydro-2H-azepin-2-one) P±94±1233 10/07/94 09/21/94 (S) A polymer of: chemically modified polyolefin; copolymer of nylon 6,6 and nylon 6 (hexanedioic acid, polymer with hexahydro-2H-azepin-2-one and 1,6-hexanediamine) P±94±1471 10/07/94 09/14/94 (G) Rosin modified alkyd P±94±1467 10/07/94 09/20/94 (G) Halobenzoic acid derivative P±94±0611 10/07/94 09/29/94 (G) Acrylate functional polyurethane resin P±94±1491 10/07/94 09/08/94 (G) Modified bismaleimide P±94±1752 10/11/94 10/06/94 (G) Cuprate(6-), substituted 1,2-ethanediylbis(imino(6-halo-1,3,5-triazine-4,2-diyl)imino(hydroxy sulfophenylene)azo(pehylmethylene)azo)sulfobenzoate(10-)di-, sodium P±94±0466 10/11/94 09/29/94 (G) Cresol novolac resin P±94±0467 10/11/94 09/29/94 (G) Substituted benzophenone ester P±94±0468 10/11/94 09/29/94 (G) Cresol novolac ester P±93±0654 10/12/94 09/20/94 (G) Acrylic modified soya alkyd polymer P±94±1543 10/12/94 09/23/94 (G) Alkoxy aluminum chelate complex P±94±1745 10/12/94 09/29/94 (G) Polyester polyurethane P±94±1443 10/12/94 10/03/94 (S) Zinc sulfide (zns) silver doped P±93±0542 10/12/94 09/22/94 (G) Polyester P±94±1742 10/13/94 10/06/94 (G) Eugenol modified polyalkyleneoxide, polydimethylsiloxane copolymer P±93±1088 10/13/94 10/06/94 (G) Alkyltrichlorosilane P±94±0263 10/17/94 09/01/94 (G) Stannane tributyl P±94±0272 10/27/94 10/25/94 (S) A polymer of: 2,5-furandione, polymer with ethenyl benzene 1-methylethyl benzene, and bis (1- methyl-I-phenyl ethyl) peroxide, N-propyl ester; aqueous ammonia (28% ammonia) P±94±0656 10/18/94 09/22/94 (G) Fatty acid, amino alcohol salt P±94±1013 10/18/94 10/11/94 (G) Substituted amino-anthroquinone P±94±1424 10/18/94 09/28/94 (G) Polymer of ethenyl benzene, diethenyl benzene, ethylethenyl benzene, chloromethylated and aminated with trialkylamine P±94±0307 10/18/94 10/06/94 (G) Substituted aldehyde P±94±1094 10/18/94 09/28/94 (S) A 2-methyl-1,3 propanediol, isophthalic acid, phthalic anhydride, 2-oxepanone (epsilon- caprolactone) extended polyester P±94±1420 10/18/94 09/20/94 (G) Alkoxy polyol polymer P±94±1442 10/20/94 09/07/94 (G) Isocyanate terminated urethane polymer P±94±1673 10/20/94 10/02/94 (G) Modified diphenylmethan diisocyanate polymer Y±94±0184 10/20/94 10/07/94 (G) Water dispersible polyester P±94±1686 10/21/94 09/27/94 (G) Naphthalenedisulfonic acid, [[[[(substituted heterocycle)azo]bdenzamido]methoxyphenyl]azo]-, salt(s) P±93±1132 10/24/94 10/07/94 (G) Substituted naphthalene sulfonic acid, alkali salt P±94±0529 10/24/94 10/04/94 (G) Substituted pyridine polymer P±94±1433 10/24/94 10/09/94 (G) Ethylene glycol recovery residues P±94±1511 10/24/94 10/06/94 (G) Bis phenyl substituted urea P±94±0305 10/25/94 10/12/94 (G) Thermoplastic polyurethane resin P±94±0308 10/25/94 10/13/94 (G) Substituted hydroxyketone P±94±0309 10/25/94 10/13/94 (G) Substituted ketone P±94±1089 10/25/94 10/15/94 (G) Polyurethane adduct P±94±1401 10/25/94 10/14/94 (G) Fiber reactive copper phthalocyanine dyestuff P±94±1465 10/25/94 09/29/94 (G) Polymer of substituted alkoxysilane and aliphatic acrylates and methacrylates P±94±1741 10/25/94 10/06/94 (G) Urethane prepolymer Y±94±0141 10/26/94 10/11/94 (G) Polyester resin P±94±0677 10/26/94 10/04/94 (G) Nitroaromatic halobenzamide Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36619 Commence- Case No. Received ment/Import Chemical Date Date P±94±1669 10/26/94 10/13/94 (G) Mono and di amine salt carboxylate Y±93±0035 10/27/94 10/20/94 (G) Polyurethane polyol P±94±0547 10/27/94 09/29/94 (G) Polyurethane P±94±1724 10/28/94 10/20/94 (G) Mono and di-amine salt carboxylate P±93±1167 10/28/94 10/21/94 (G) Meth-acrylate functional phosphate resin P±94±1735 10/28/94 10/05/94 (G) Isocyanate terminated perfluoropolyoxyalkene Y±93±0093 10/31/94 10/26/94 (G) Polyuethane polyol P±94±0429 11/02/94 10/14/94 (G) Polyurethane/urea polymer dispersion P±94±0935 11/02/94 10/05/94 (G) Styrenated acrylate methacrylate polymer P±94±0949 11/02/94 10/14/94 (G) Substituted aromatic acid chloride Y±94±0116 11/02/94 09/28/94 (G) Polyamide graft copolymer Y±94±0179 11/02/94 10/24/94 (S) Polymer of styrene/maleic anhydride polymer; sulfur trioxide; ammonium hydroxide; hydrogen peroxide; dichloroethane; 5-chloro-2-methyl-4-isothiazolin-3-one; 2 methyl-4-isothiazolin-3-one; water; triethyl phosphate P±94±0461 10/18/94 10/05/94 (G) Aliphatic amine P±92±0623 10/12/94 09/15/94 (G) Decadiene crosslinked poly(maleic anhydrode - methyl vinyl ether P±92±1283 10/12/94 09/26/94 (S) Polymer of para-tert-butylphenol; paraformaldehyde flake; merichem company low-mid xylenols; merichem company meta-para cresols P±92±0721 10/18/94 09/23/94 (G) Potassium alcoholates P±93±1314 10/18/94 09/13/94 (G) Substituted phenyl azo alkyl phenol P±92±1027 10/25/94 10/06/94 (G) Hydroxy functional acrylic polymer Y±92±0158 11/01/94 10/15/94 (G) Short oil alkyd resin P±94±1798 11/07/94 11/01/94 (G) Naphthalenesulfonic acid, azo substituted naphthalene amino triazinyl aminophenyl azo sub- stituted naphthalene amino substituted triazin Y±94±0093 11/07/94 10/25/94 (G) Unsaturated polyester P±93±0899 11/09/94 10/13/94 (G) Polyether functional acrylic polymer P±94±0266 11/09/94 10/18/94 (G) Fluorinated acrylic copolymer P±94±0636 11/09/94 10/18/94 (S) A polymer of: A1 dynacoll 7320; A2 dynacoll 7340; A3 dynacoll 7130; A4 dynacoll 7111; B mutranol±9121; C lupranate M1 (3 cas numbers) P±94±0990 11/09/94 10/11/94 (G) Polyester polyurethane P±94±1556 11/09/94 10/20/94 (S) Annatto extract P±94±1640 11/09/94 10/10/94 (G) Carbomonocyclic carboxylic acid reaction product with polyalkylene polyamine polyalkyl sulfate salt P±94±1663 11/09/94 10/27/94 (G) Alkyl amide P±94±1740 11/09/94 11/03/94 (G) Polystyrene copolymer Y±94±0169 11/09/94 10/24/94 (G) Polymer of acrylic and methacrylic esters P±91±1094 10/12/94 09/21/94 (G) Halogenated substituted ethylene copolymer P±91±1255 10/12/94 04/21/93 (G) Silicone polymer P±93±0214 11/16/94 10/28/94 (S) Calcium, bis(2,4-pentandionato)- P±93±1323 11/16/94 10/27/94 (G) Poly(carboxylic acid), mixed sodium, ammonium, monoethanolamine salt P±94±0463 11/16/94 11/02/94 (G) Polyimine P±94±0919 11/16/94 11/10/94 (G) Reaction product of an alkanol and boric acid P±94±1096 11/16/94 11/06/94 (G) Rosin, maleated, polymer with an alkylphenol, carboxylic acids, formaldehyde and a polyol P±94±1193 11/16/94 10/26/94 (S) A polymer of: maleic anhydride; C12±C21 branched chain mono-olefins; monoethanolamine; so- dium hydroxide; 2,6-bis(1,1-dimethylethyl)-4-methylphenol P±94±1197 11/16/94 10/26/94 (S) A polymer of: maleic anhydride; C12±C21 branched chain mono-olefins; monoethanolamine; tri- ethanolamine; 2,6-bis(1,1-dimethylethyl)-4-methylphenol P±94±1455 11/16/94 10/24/94 (G) Haloalkylsulfonic salt P±94±1914 11/16/94 11/04/94 (G) Disubstituted benzene sulfonic acid P±93±1623 11/17/94 11/02/94 (G) Halogenated nitrile P±94±1459 10/18/94 08/31/94 (G) Organic ammonium salt 36620 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Commence- Case No. Received ment/Import Chemical Date Date P±93±0148 10/20/94 08/20/94 (G) Novolac-resin from substituted phenols and formaldehyde Y±93±0101 10/25/94 10/18/94 (S) Soya oil; 1,3-trimethylol propane; pentaerythritol; methyl methacrylate; isophthalic acid; tall oil fatty acids; trimellitic anhydride P±94±1389 11/10/94 10/28/94 (G) Poly(vinyl alcohol)-co-(N-ethenylformamide) P±94±1769 11/14/94 10/22/94 (G) Methacrylate copolymer P±94±1770 11/14/94 10/23/94 (G) Methacrylate copolymer P±94±1793 11/14/94 10/24/94 (G) Aryl substituted nitroalkane P±94±0426 11/16/94 10/21/94 (S) 2-(4-dimethylcarbomoyl-pyridino)-ethane-1-sulfonate P±94±0337 11/17/94 11/14/94 (G) Substituted azo metal complex dye P±94±1501 11/17/94 10/25/94 (G) Fluoroalkene dimer P±93±1047 11/18/94 10/14/94 (S) Trimethylhexamethylenediamine, reaction product with mono [(C10±16 alkyloxy) methyl] oxirane derivs. and paratoluenesulphonic acid P±94±1133 11/18/94 09/14/94 (G) Oil modified urethane P±94±1212 11/18/94 11/10/94 (G) Substituted anthraquinone P±94±1429 11/18/94 10/24/94 (G) Halogenated aryl benzimidazole P±94±1723 11/18/94 10/28/94 (G) Polyester resin P±94±0075 11/20/94 10/26/94 (G) Alkyl ester P±94±1888 11/21/94 10/19/94 (G) Carboxy terminated polymer of aliphatic diols, aromatic carboxylic acid/anhydride and tall oil fatty acid dimer P±94±1889 11/21/94 10/19/94 (G) Ammonium salt of carboxyl terminated polyester of aliphatic diols and aromatic acid/anhydride and tall oil fatty acid dimer P±94±1832 11/21/94 11/03/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1833 11/21/94 11/04/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1834 11/21/94 11/03/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1835 11/21/94 11/04/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1836 11/21/94 11/04/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1837 11/21/94 11/04/94 (G) Sulfonated acrylate/methylmethacrylate polymer P±94±1734 11/21/94 10/25/94 (G) Sulfurized mixed fatty acid esters Y±94±0176 11/21/94 11/08/94 (S) A polymer of: alkenes, C14±16-alpha-; 2-butenedioic acid (E)-, bis (2-ethylhexyl) ester; di-tert- butyl peroxide P±94±1373 11/22/94 10/25/94 (G) Synthetic and vegetable fatty acid modified poly (tri-methylol propane, pentaerythritol) phthalate P±94±1739 11/22/94 11/08/94 (G) Copolyimide P±94±1829 11/22/94 11/08/94 (G) Aromatic poly isocyanate Y±94±0183 11/22/94 11/06/94 (S) A polymer: cellulose acetate; rimellitic anhydride P±93±1235 11/22/94 11/11/94 (S) 2-propenoic acid, 3-(trimethoxysilyl)propyl ester (ca index name) P±94±1092 11/23/94 10/24/94 (G) Polyglycolethermethacrylate telomer with carboxyllic and sulfonic acid sodium salts P±93±1354 11/25/94 10/27/94 (G) Polyhydroxythioether disulfide P±94±1789 11/28/94 11/18/94 (G) Polycarboxylic acid modified epoxy acrylate P±93±1028 11/29/94 11/05/94 (G) Cycloaliphatic diamine P±94±1797 11/29/94 10/29/94 (G) Poly asparitic ester P±94±1863 11/29/94 10/31/94 (S) Stearyl stearoyl stearate P±94±1746 11/29/94 11/21/94 (G) Polyurethane prepolymer P±93±1395 11/29/94 11/11/94 (S) Acryloxyethyldimethylbenxyl ammonium chloride P±94±0962 11/18/94 10/27/94 (G) Polycondensate of aliphatic dicarboxylic acid and alkaediol. polyurethane of aliphatic polyesters P±94±0039 11/29/94 10/22/94 (S) Alpha,alpha,4,4-tetramethyl-2-(1-methylethyl)-N-(2-methyyl-propylidene)-2- oxazolidineethanamine P±94±1441 11/29/94 11/09/94 (G) Phthalocyanine pigment Y±94±0078 12/01/94 11/04/94 (G) Styrenated acrylic copolymer P±92±1432 12/01/94 11/04/94 (G) Polyurethane, N,N-dimethylaminoethanol salt P±94±1472 12/01/94 11/04/94 (G) Aqueous polyurethane dispersion Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36621 Commence- Case No. Received ment/Import Chemical Date Date P±93±1108 12/01/94 11/29/94 (G) Polyester polyether modified polyurethane with basic groups P±94±2066 12/02/94 11/23/94 (S) 2-butyloctanedioic acid P±94±2067 12/02/94 11/23/94 (S) 2,3-dibutanedioic acid P±94±2068 12/02/94 11/23/94 (S) Dodecanedioic acid, ammonium salt P±94±2069 12/02/94 11/23/94 (S) 2-butyloctanedioic acid, ammonium salt P±94±2070 12/02/94 11/23/94 (S) 2,3-butylbutanedioic acid, ammonium salt P±94±1943 12/05/94 11/18/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1944 12/05/94 11/16/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1945 12/05/94 11/07/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1948 12/05/94 11/07/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1949 12/05/94 11/07/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1950 12/05/94 11/07/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±1913 12/06/94 11/29/94 (G) Cationic polyurethane emulsion P±94±1399 12/06/94 11/15/94 (S) Poly(oxy-1,2 ethanediyl),.alpha. 3-pentadecylphenol,.omega. hydroxy P±94±0244 12/05/94 11/14/94 (G) Polyfluoroacyl chloride P±94±0246 12/05/94 11/14/94 (G) Polyfluorocarboxylic acid P±94±0251 12/05/94 11/04/94 (G) Polyfuluoro olefin P±93±1309 12/05/94 11/11/94 (G) Quaternary ammonium iodide P±94±1634 12/06/94 11/13/94 (S) Fatty acids, C16±18 and C18-unsatd., branched and linear, butyl esters P±94±1631 12/05/94 11/17/94 (G) Thiadiazole derivative P±94±1704 12/06/94 11/07/94 (G) Polysubstituted vinyl polymer P±94±1738 12/06/94 11/23/94 (G) Phthalocyanine copper complex dyestuff, aqueous preparation P±94±1886 12/06/94 11/01/94 (G) Perfluoroalkylethyl acrylate copolymer P±94±1887 12/06/94 11/01/94 (G) Aliphatic urethane P±94±1849 12/05/94 11/10/94 (G) Chromophore substituted polyalkaline intermediate P±94±1853 12/05/94 11/10/94 (G) Polymeric colorant P±94±1824 12/07/94 11/13/94 (G) Polyurethane P±94±1796 12/07/94 12/01/94 (G) Polyesteramide resin P±94±1782 12/07/94 11/29/94 (G) Brominated epoxy resin P±94±1786 12/06/94 11/15/94 (G) Perlfluoroalkylethyl ester P±94±0495 12/13/94 12/11/94 (G) Aralkyl-nitrogen heterocycle P±94±1646 12/13/94 11/09/94 (G) Esterfied styrene/maleic anhydride polymer P±94±1649 12/13/94 11/16/94 (S) A polymer of: styrene; polyethylene P±94±1895 12/13/94 12/01/94 (G) Hydrogenated nitrile terpolymer P±94±2146 12/13/94 11/28/94 (G) Polyacrylic resin P±94±2171 12/13/94 12/07/94 (G) Epoxy terminated polyoxyamino prepolymer P±93±0718 12/15/94 12/08/94 (G) Substituted azo pyridinal benzoic acid ester P±94±2106 12/15/94 11/18/94 (G) Polyalkylpolymethacrylate P±94±1240 12/16/94 12/07/94 (S) Nitriles, C16±C18 unsat'd. Y±95±0003 12/09/94 11/11/94 (G) Alpha-olefins, alkenylbenzene copolymer P±94±1942 12/09/94 11/14/94 (G) Modified methyl methacrylate / ethyl acrylate polymer P±94±1844 12/09/94 11/26/94 (G) Polyurethane polymer of 1,1′-methylenebis(4-isocyanatobenzene) and polyols P±94±1940 12/13/94 11/14/94 (G) Ethenyl unsaturated polyester P±94±1983 12/13/94 11/17/94 (G) Phenolic modified drying oil polyester P±94±2054 12/13/94 11/25/94 (G) Acrylate copolymer P±93±1472 12/09/94 11/22/94 (G) Disubstituted dialkoxy silane P±94±2059 12/09/94 11/17/94 (G) Phospho molybdo tungstic complex of 2-[[2-cyano-3-substituted)amino]phenyl]-1-oxo-pro- penyl]oxy & basic red I P±93±1566 12/14/94 12/09/94 (S) A polymer of: 1,3-benzenedimethanamine; dimer acid 36622 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Commence- Case No. Received ment/Import Chemical Date Date P±93±1567 12/14/94 12/09/94 (S) A polymer of: 1.3-benzenedimethanamine; 2,2-((1-methylethylidene)bis(4,1- phenyleneoxymethylene)) bis(oxirane) P±93±1568 12/14/94 12/09/94 (S) A polymer of: 1.3-benzenedimethanamine; versatic acid (C9±C11) glycidyl ester P±93±1569 12/14/94 12/09/94 (S) A polymer of: N,N-bis(3-aminomethylbenzyl)-2-hydroxypropane-1,3-diamine; dimer acid P±94±1993 12/12/94 12/02/94 (S) A polymer of: acrylic acid; 1-propane sulphonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monosodium salt; 1-hydroxy-1-methylethyl phosphorous acid; sodium per sulphate; sodium hy- droxide; sodium hypochlorite P±91±1284 12/08/94 11/17/94 (G) Aromatic sulfonic acid, compound with amine P±92±0885 11/22/94 11/08/94 (G) Bis-arene complex P±92±0886 11/22/94 11/11/94 (G) Bis-arene organometallic complex P±91±0839 10/12/94 10/03/94 (G) Substituted alkyl amide P±91±0840 10/12/94 10/03/94 (G) Substituted alkyd amide P±91±0841 10/12/94 10/03/94 (G) Substituted alkyd amide P±91±0842 10/12/94 10/03/94 (G) Substituted alkyd amide P±94±1127 10/04/94 08/30/94 (G) Water biorne polyurethane dispersions Y±94±0143 12/16/94 12/15/94 (G) 1,3-benzenedicarboxylic acid polymer with diol and dione substituted benzoate 4-(1,1- dimethylethyl) Y±94±0186 12/20/94 12/14/94 (G) Water reducible alkyd Y±95±0007 12/20/94 12/01/94 (G) Unsaturated polyester P±94±0462 12/20/94 12/06/94 (G) Polyimine P±94±0609 12/20/94 12/06/94 (G) Reaction product of: petroleum by product, diethylene glycol, polyfunctional aliphatic alcohols, tall oil Fatty acids, pentaerythritol P±94±0687 12/20/94 12/08/94 (G) Polyester urethane polymer P±94±1656 12/20/94 11/30/94 (G) Methylphenylvinysiloxane P±94±1998 12/20/94 11/30/94 (G) Acrylic acid, polymer with cationic monomer, sodium salt P±94±2055 12/20/94 12/05/94 (G) Modified polyacrylamide P±94±2073 12/19/94 11/17/94 (G) Organic compoumd containing transitional metal P±94±2126 12/20/94 12/04/94 (G) Polyethermodified urea P±94±2127 12/20/94 12/04/94 (G) Polyacrylate, salt P±94±2172 12/20/94 12/09/94 (G) Acrylate acrylonitrile copolymer salt P±94±0607 12/28/94 12/05/94 (G) Carpro, fatty acid, imine condensate P±94±0047 12/29/94 12/12/94 (G) Polyurethane P±94±1707 12/29/94 11/30/94 (G) Alkyl pyridinium salt P±94±1708 12/29/94 11/30/94 (G) Alkyl pyridinium salt P±94±1842 12/22/94 12/06/94 (G) Modified acrylic polymer P±94±1862 12/20/94 12/09/94 (G) Paraffin/alkylamino carboxamine aqueous preparation P±94±1902 12/28/94 12/07/94 (G) Polymer of ethylene; alkanoic acid, ethenyl ester; and acetic acid alkenyl ester P±94±1947 12/28/94 12/05/94 (G) Modified epoxy resin modified aromatic epoxy resin P±94±2050 12/27/94 12/01/94 (G) Aromatic sulfonic acid, salt P±94±2122 01/03/95 11/30/94 (G) Perfluoroalkylethyl acrylate copolymer P±94±2186 12/28/94 12/19/94 (G) Acrylic polymer Y±94±0048 12/28/94 12/20/94 (G) Polyester Y±94±0114 12/29/94 12/13/94 (G) Polyester Y±94±0142 12/29/94 12/18/94 (G) Polyester resin Y±94±0175 12/22/94 12/05/94 (G) Carboxylic acid copolymer P±94±0957 01/04/95 12/21/94 (G) Polyester isocyanate polymer P±94±1041 01/10/95 12/19/94 (G) Triethylaminium salt of polyurethane polymer P±94±1073 01/06/95 12/09/94 (G) Mixed unsaturated aliphatic esters P±94±1583 01/10/95 12/13/94 (G) Modified polymer of styrene and aliphatic maleate P±94±2058 01/10/95 12/30/94 (G) Polymeric colorant Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36623 Commence- Case No. Received ment/Import Chemical Date Date P±94±2123 01/10/95 12/26/94 (G) Substituted azo dyestuff P±94±2153 01/05/95 12/06/94 (G) Multifunctional epoxy resin P±94±2167 01/06/95 01/04/95 (G) Substituted naphthalenesulfonic acid azo substituted phenyl azo substituted naphtalenesulfonic acid amino substituted phenyl salt P±94±2168 01/04/95 12/12/94 (G) Quarternary amine monomer P±94±1213 01/10/95 12/15/94 (G) 2-propen-1-aminium-N,N-dimethyl-N-2-propenyl-, chloride, copolymer with cationic monomer P±95±0001 01/10/95 01/04/95 (G) Polyester polyurethane P±94±1840 01/10/95 12/20/94 (G) Styrene acrylic polymer ammonium salt P±91±1199 01/09/95 01/06/95 (S) Poly anhydroaspartic acid P±92±1255 01/12/95 12/22/94 (G) Carbamic acid ester Y±95±0018 01/13/95 01/03/95 (S) A polymer of: tall oil fatty acids; 1,3 trimethylol propane; neo pentyl glycol; isophthalic acid; ma- leic anhydride; phthalic anhydride P±93±1483 01/17/95 12/21/94 (G) 1-substituted-4-substituted benzene, sodium salt P±94±1010 01/17/95 01/07/95 (G) Substituted amino-anthraquinone P±94±1014 12/28/94 12/16/94 (G) Substituted amino-anthroquinone P±94±1822 01/17/95 12/20/94 (G) Vinylimidazole copolymer P±94±2207 01/17/95 12/16/94 (G) Styrene dimer P±91±1429 01/18/95 01/03/95 (S) 2,2-dimethoxy ethanal P±92±1467 01/18/95 01/05/95 (G) Mono substituted phenylazo-tetra substituted naphthalene P±93±1694 01/18/95 01/06/95 (S) 3-(dichloroacetyl)-5-(2-furanyl)-2,2-dimethyloxazolidine P±94±1080 01/18/95 01/03/95 (G) Alcohol alkoxylate P±94±2241 01/18/95 12/29/94 (S) 1 (3H)-isobenzofuranone, 3-(4-[ethyl(4-methylphenyl)amino]-2-hydroxyphenyl]-3-[2-methoxy-4- methyl-5-(phenylamino)phenyl]- P±94±1390 12/13/94 11/29/94 (G) Poly(vinyl alcohol)-co-(vinyl amine) P±94±1391 12/13/94 12/06/94 (G) Vinyl alcohol - vinyl amine copolymer salt P±91±1361 11/02/94 10/21/94 (S) 1,5-dioxaspiro [5.5] undecane-3,3-dicarboxylic acid, bis (1,2,2,6,6-pentamethyl-4- piperidinyl)ester P±94±2185 01/19/95 01/08/95 (G) Metallic salt of B-hydroxy naphthoic acid P±94±1422 01/23/95 12/27/94 (G) Rosin modified phenolic resin P±94±1423 01/23/95 12/27/94 (G) Rosin modified phenolic resin P±94±1698 01/23/95 12/27/94 (G) Rosin modified phenolic resin P±91±0096 01/13/95 01/06/95 (S) 5-dodecen-1-ol, acetate, (Z)- P±92±0864 01/23/95 01/12/95 (G) Substituted polyolefin P±94±0579 01/18/95 12/31/94 (S) Bismuth naphthenate P±94±1428 01/18/95 11/11/94 (S) Cyclododecaneethanol,.beta.-methyl- P±93±1221 01/24/95 01/14/95 (G) Ethoxylated, propoxylated polyaryl phenol P±93±1380 01/24/95 01/03/95 (S) Ethylene trimer P±94±1440 01/24/95 01/10/95 (G) Alcohol alkoxylate P±94±1565 01/27/95 01/22/95 (G) Polyoxy alkylene glycol P±94±1660 01/27/95 01/10/95 (G) Fatty acid modified isophthalate polyester polymer P±94±1816 01/24/95 01/05/95 (G) Modified polyurethane of a substituted alkane diole and a diisocyanate P±94±1828 01/18/95 01/05/95 (S) Pyridinium, 1-(2-propenyl)-, chloride P±94±1918 01/25/95 01/19/95 (G) Modified acylate polymer salts P±94±1919 01/25/95 01/19/95 (G) Modified acylate polymer salts P±94±1920 01/25/95 01/19/95 (G) Modified acylate polymer salts P±95±0090 01/25/95 01/17/95 (S) Smine, cocoalkyl, ethoxylated compounds with cyclododecanol-cyclododecanone-nitric acid re- action product with boiling fraction and isonanoic acid P±94±2128 01/24/95 01/03/95 (G) Acid terminated terephthalate/isophthalate polyester resin P±94±2184 01/24/95 01/20/95 (G) Bis substituted, phenoxazin-5-ium, salt P±94±2235 01/24/95 01/12/95 (G) Polyurethane 36624 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Commence- Case No. Received ment/Import Chemical Date Date P±95±0002 01/24/95 01/03/95 (G) Thermoplastic polyimide P±95±0070 01/24/95 01/12/95 (G) Phenolic novolak resin P±95±0072 01/26/95 01/20/95 (G) Substituted aminophenylacetamide Y±94±0177 01/24/95 12/27/94 (G) Polyethermodified polysiloxane Y±95±0027 01/25/95 01/13/95 (G) Copolymer of acrylic and methacrylic esters P±94±1921 01/25/95 01/19/95 (G) Modified acylate polymer salts P±94±1922 01/25/95 01/19/95 (G) Modified acylate polymer salts P±94±1923 01/25/95 01/19/95 (G) Modified acylate polymer salts Y±95±0015 01/20/95 12/29/94 (S) 1,3-benzenedicarboxylic acid, polymer with decanedioic acid, 1,2,4-benzenetricarboxylic acid, 1,2-propanediol and 1,2-ethanediol Y±95±0016 01/20/95 12/29/94 (S) 1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,2-propanediol, 1,2- ethanediol and 2-ethyl-2-(hydroxymethyl)-1,3-propanediol Y±95±0017 01/20/95 12/29/94 (S) 1,4-benzenedicarboxylic acid, polymer with 1,2-propanediol, 1,2-ethanediol and 2-ethyl-2- (hydroxymethyl)-1,3-propanediol P±93±0588 01/27/95 12/08/94 (G) Epoxy amine adduct P±94±1533 01/27/95 01/19/95 (S) Propanenitrile, 3-amino-, N-[3-(C8±10 alkyloxy)propyl]- P±94±1532 01/27/95 01/19/95 (S) 1,3-propanediamine, N-[3-(C8±10 alkyloxy)propyl]- P±94±1576 01/30/95 01/09/95 (G) Alkylalkoxysilane P±94±1577 01/30/95 01/11/95 (G) Emulsifier stabilized alkylhydroxysilane emulsions P±94±2181 01/31/95 01/24/95 (S) A polymer of: triallylcyanurate; didecanoylperoxide; 2,6-di-tert-butyl-4-methyl phenol P±94±2244 02/02/95 01/16/95 (G) Acrylic polymer P±94±2245 01/31/95 01/15/95 (G) Amino hydroxy ester P±94±2246 01/31/95 01/15/95 (G) Polyester resin P±95±0150 02/02/95 01/30/95 (G) Amine terminated epoxy polymer Y±95±0026 01/30/95 01/05/95 (G) Oil modified alkyd resin P±92±1320 01/30/95 11/17/94 (G) 1,3-propanediol,2,2′-[oxybis(methylene)bis[2-hydroxymethyl], hexasters with straight-chain and branched acids P±94±1227 01/31/95 01/11/95 (G) Urea modified hydroxy acrylate copolymer P±93±1347 02/02/95 01/12/95 (G) Cyclic urea amino epoxy adduct P±94±1994 01/23/95 01/07/95 (S) A polymer of: 2-propenoic acid, 2-methyl, methyl ester; benzene, 1,3-bis(1-isocyanato-1- methylethyl)-; 1,6 hexanediol; hexanedioic acid; 1,3-benzenedicarboxylic acid; propenoic acid, 2- ethylhexyl ester; fatty acid, C18 unsated. dimers, hydrogenated; propenoic acid, 3-hydroxy-2- (hydroxymethyl)-2-methyl; 2-propenoic acid, 2-methyl, 2,3-dihydroxypropylester; ethanol, 2,2′- iminobis; ethanol, 2-(dimethylamino); 1,4 butandiol; 2-proenamide, N-(1,1-dimethyl-3-oxo butyl) P±91±1168 10/18/94 10/01/94 (S) Polymer of benzene, diethenyl (monomer); benzene, ethenylethyl(monomer); benzene, ethenyl(monomer); dibenzoyl peroxide(radical chain initiator); isoindoledione ether(aminomethylator); sulfur trioxide(catalyst for aminoethylation); sodium hydroxide(hydrolyzer); formaldehyde(introduces ``CH2'' to final product); phosphorous acid(attaches ``CH2'' to final product); sulfuric acid(catalyst for phosphomethylation) P±94±2267 02/02/95 01/24/95 (S) Silsequioxanes, methyl, [3-(2-aminoethyl)amino]propyl and [3-octadecyldimethylammonium chloride]propyl, methoxy-terminated P±94±1711 02/06/95 01/31/95 (G) Hydroxy functional styrene/acrylic polymer P±92±0997 02/07/95 01/30/95 (G) Styrenated acrylic ester multi-polymer P±91±0766 02/07/95 01/31/95 (G) Polyoxyalkylene polyester urethane block polymer P±94±1419 02/07/95 01/30/95 (S) 1,1,2,4,4-pentamethyl-7-diethoxymethyl-1,2,3,4-tetrahydronaphthalene 1,1,2,4,4-pentamethyl- 1,2,3,4-tetrahydronaphthalene carboxaldehyde P±94±2165 02/07/95 01/26/95 (G) Acrylic/acrylonitrile polymer P±94±2131 02/07/95 02/01/95 (G) Polyester isocyanate polymer P±94±1955 02/07/95 01/25/95 (G) Ethylene copolymer P±94±2180 02/07/95 01/27/95 (S) Benzoic acid, 4-[4-cyano-1,6-dihydro-2-hydroxy-1,4-dimethyl-6-oxo-3-pyridinyl)azo]-, 2- phenoxyethyl ester P±95±0103 02/07/95 02/02/95 (S) A polymer of: 1,4-benzenedicarboxylic acid; 1,3-propanediol P±94±1570 02/08/95 12/16/94 (G) Alkylbenzene sulfonic acid, calcium salt Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36625 Commence- Case No. Received ment/Import Chemical Date Date P±94±2169 02/10/95 02/02/95 (G) Sulfonated naphthalamine reactive dye P±94±1894 02/10/95 01/12/95 (S) A polymer of: butyl acrylate; butadiene; acrylonitrile; 1,3-butadiene, polymer with acrylonitrile and butyl acrylate; hydrogen; triphenylphosphine; tris(triphenylphosphine) rhodium chloride P±93±1070 02/13/95 04/14/94 (G) Isocyanate reaction products with cyclic primary amines and alkylamines P±93±1310 02/13/95 01/12/95 (G) Boronated, ethoxylated alcohol P±94±1452 02/14/95 01/17/95 (G) Quinacridone derivative P±94±1892 02/14/95 01/19/95 (G) Methacrylate adducted polyurethane P±94±1996 02/14/95 01/23/95 (G) Aromatic epoxide derivative P±94±2140 02/14/95 01/20/95 (G) Styrenated acrylic polymer P±94±2155 02/14/95 02/03/95 (G) Tetraurea grease thickener prepared by the reaction of a diisocyanate with aliphatic amines P±95±0134 02/14/95 01/26/95 (G) Amine functional polyester polyol P±95±0073 02/16/95 01/17/95 (G) Amine functional epoxy resin salted with an organic acid P±95±0075 02/16/95 01/19/95 (G) Amine functional epoxy resin salted with an organic acid P±94±2236 02/16/95 02/06/95 (G) Thermoplastic polyimide P±94±2151 02/16/95 01/26/95 (G) Tetraphenylphosphonium salt P±94±1461 02/16/95 01/24/95 (S) Propenoic acid, ethyl ester, polymer with 3-trimethylsilylpropyl-1-(methacrylate) P±93±0552 02/17/95 02/09/95 (S) N,N′-(2,2′-diethyl-6,6′-dimethyl-4,4′-methylenediphenylene) bismaleimide P±91±0874 02/28/95 02/06/95 (G) Polyolfin aminoester P±92±1447 02/28/95 01/25/95 (G) 2-propenoic acid, reaction product with 2-oxepanone and akyl triol P±93±0466 02/27/95 02/03/95 (S) Benzenemethanamine, N-[[[[3-[[[[[bis(phenylmethyl) amino]oxy]carbonyl]amino]methyl]--3,5,5- trimethylcyclohexyl]amino]carbonyl]oxy]-N-(phenylmethyl)- P±94±0144 02/22/95 02/01/95 (G) Fluorinated acrylic polymer P±94±0628 02/23/95 02/13/95 (G) Metal resinate P±94±0629 02/23/95 02/13/95 (G) Metal resinate P±94±1011 02/27/95 02/17/95 (G) Substituted amino-anthroquinone P±94±1790 02/21/95 01/30/95 (G) Novolac-resin from substituted phenols and formaldehyde P±94±2173 02/27/95 01/26/95 (G) Fluorinated acrylic resin P±94±2177 02/27/95 02/06/95 (S) 3,6-Naphthalenedisulfonic acid, [8-[(4,6-dichloro-1,3,5-triazin-2-yl)amino]-; 1-hydroxy-2- (naphthalenyl-1-sulfato)azo]-, trisodium salt, reacted with 1,2-diaminopropane and 5-cyano-2,4,6- trichloropyrimidine P±94±2195 02/21/95 01/30/95 (G) Disubstituted benzene dimethanol P±94±2193 02/21/95 01/25/95 (G) Disubstituted bis (chloromethyl) benzene P±95±0023 02/21/95 01/23/95 (G) Hydrofluorocarbon ethers P±95±0159 02/22/95 02/02/95 (G) Carbamate acrylic polymer P±95±0185 02/22/95 02/08/95 (G) Saturated polyester resin P±95±0186 02/21/95 02/14/95 (G) Siloxanes and silicones, di-me, polyether modified Y±95±0002 03/06/95 02/15/95 (S) A polymer of: dimethyl terephthalate; 2-methyl-1,3-propanediol; diethylene glycol; dibutylin oxide Y±95±0042 03/02/95 02/22/95 (G) Isophthalic acid polymer with cyclialcohol and alkyldiamine P±94±1575 03/07/95 02/06/95 (G) Hydroxy acrylic polymer P±93±1577 03/06/95 12/09/94 (S) Polymer of: 1,3-benzenedimethanamine; formaldehyde; phenol P±94±0212 02/22/95 02/01/95 (G) Chromophore substituted polyoxyalkylene tint P±94±0486 02/28/95 01/28/95 (G) Acrylate/methacrylate copolymer P±94±0500 03/09/95 03/06/95 (G) Chia plant P±94±0928 03/07/95 02/27/95 (S) Dibenzo[B,K][1,4,7,10,13,16]hexaoxacyclooctadecin, 2,13(or 2,14)-bis(1,1- dimethylethyl)eicosahydro- P±94±0929 03/07/95 02/14/95 (S) Dibenzo[B,K][1,4,7,10,13,16]hexaoxacyclooctadecin, 2,13(or 2,14)-bis(1,1-dimethylethyl)- 6,7,9,10,17,18,20,21-octahydro- P±94±1753 03/06/95 02/10/95 (G) Aromatic amidosubstituted naphthalenecarboxamide P±94±1931 03/07/95 02/20/95 (G) Substituted phthaloperine P±94±1932 03/07/95 02/14/95 (G) Substituted phthaloperine 36626 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices Commence- Case No. Received ment/Import Chemical Date Date P±94±2006 02/28/95 02/08/95 (G) Acrylonitrile-styrene-acrylate copolymer P±94±2029 03/07/95 02/06/95 (S) A Polymer of: vinylidene fluorine; 2,2-dichloro-1,1,1-trifluoro ethane; di-T-butyl peroxide P±94±2163 02/28/95 02/06/95 (S) Tripropylene glycol, trimellitic anhydride, 1,4 cyclohexane dimethanol, fumaric acid polymer P±94±2213 02/28/95 01/31/95 (G) Polymer of 1,6-hexanediol and polyfunctional carboxylic anhydride P±94±2214 02/28/95 02/01/95 (G) Acrylated polymer of 1,6-hexanediol and polyfunctional carboxylic anhydrides P±94±2239 03/09/95 02/20/95 (S) L-aspartic acid, homopolymer P±95±0071 03/06/95 02/02/95 (S) A polymer of: triethylene glycol dimercaptan; 2,4,6-tris[(dimethylamino)methyl]phenol; epoxy phenolic novolac resin; bisphenol A epoxy resin P±95±0098 03/01/95 02/21/95 (G) High solids acrylic modified alkyd P±95±0102 02/28/95 02/06/95 (G) Carboxfunctional polymethylsiloxane P±95±0125 02/28/95 02/13/95 (S) 3-Cyanopropyl (diisopropyl)dimethyl amino silane P±95±0130 03/06/95 02/02/95 (G) Saturated polyester resin P±95±0180 02/28/95 02/14/95 (G) Isocyanate polymer P±95±0230 03/07/95 02/27/95 (G) Diketo-pyrrolpyrrol P±95±0275 03/01/95 02/23/95 (G) Etherified urea phenolic resin P±95±0233 03/09/95 02/13/95 (G) Trialkyl substituted indole P±95±0234 03/09/95 02/18/95 (G) Bis indole substituted alkene P±95±0236 03/09/95 02/21/95 (G) Substituted isobenzofuranone P±94±1070 10/21/94 10/12/94 (S) Polyester of hexanedioic acid, 1,6 hexanediol and 1,3 benzenedicarboxylic acid, 5 sulfo, mono- sodium salt P±95±0170 03/15/95 02/28/95 (S) A polymer of: carboxylic acids, di C4±6; soybean oil, epoxidized P±94±2240 03/15/95 02/17/95 (G) Polyamino acid salt P±95±0121 03/15/95 02/27/95 (S) 2-Propenoic acid, polymer with butyl-2-propenoate, methyl 2-methyl-2-propenoate, and 3-oxo-, 2-((2-methyl-1-oxo-2-propenyl)oxy) ethyl butanoate reaction product with ammonia P±94±1846 03/15/95 03/01/95 (G) Fluoroaliphatic polymer P±94±1815 03/15/95 02/22/95 (G) Modified polyurethane of a substituted alkane diole and a diisocyanate P±92±0770 03/17/95 02/17/95 (G) Aromatic polyimide P±95±0354 03/20/95 03/13/95 (G) Triethylenetetramine formalin condensate P±95±0177 03/20/95 02/11/95 (G) Hydrogenated Fatty acids, amides with 1,3 dioxolan-2-one, alkoxylated P±94±0696 03/20/95 03/03/95 (G) Organo silicon copolymer P±94±0452 03/21/95 02/22/95 (S) Reaction product of silica, dibutylmagnesium, tetraethylorthosilicate and titanium tetrachloride P±94±0453 03/21/95 02/22/95 (S) Reaction product of silica, dibutylmagnesium, tetrabutylorthosilicate and titanium tetrachloride P±94±1444 03/21/95 03/01/95 (S) (1,3-dihydroxypropyl-2′ methylpropenate) monoester of maleic anhydride adducted polybutadiene (hydroxypropyl methacrylate) P±95±0077 03/21/95 02/24/95 (G) Methyl 2-(aminosulfonyl)-6-substituted-3-pyrinecarboxylate P±95±0067 03/21/95 03/14/95 (G) Polyester isocyanate polymer P±94±1484 03/21/95 02/17/95 (G) Formaldehyde copolymer, potassium salt P±94±0494 03/21/95 03/10/95 (G) Substituted pyridine P±94±0661 03/21/95 03/02/95 (G) Poly(oxy-1,2-alkanediyl),alpha,w-dialkyl P±95±0182 03/22/95 02/23/95 (G) Crosslinked unsaturated polyester-styrene resin P±94±2178 03/23/95 02/28/95 (G) Acrylic siloxane polymer P±94±2179 03/23/95 03/03/95 (G) Acrylic siloxane polymer P±94±2003 03/23/95 03/09/95 (G) Acrylonitrile-styrene-acrylate copolymer P±94±1992 03/23/95 02/22/95 (G) Polymer of alkanediols; monocyclic dicarboxylic acid, dimethyl ester; monocyclic monosulfonated dicarboxylic acid, dimethyl ester, monosodium salt; and hydroxy alkoxyaldanesulfonic acid, sodium salt P±92±1415 03/23/95 03/03/95 (G) Heterocyclic perylene pigment P±95±0290 03/24/95 03/08/95 (S) Reaction products of: benzene, reaction products with chlorine and sulfur chloride (S2CL2), chlorides; methanol, sodium salt; and phenol, 4,4′-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene)bis P±94±1450 03/24/95 03/04/95 (G) Modified polyvinyl alcohol P±95±0126 03/27/95 03/07/95 (G) Oil modified polyester or alkyd resin Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Notices 36627 Commence- Case No. Received ment/Import Chemical Date Date P±94±1885 03/27/95 03/15/95 (S) A polymer of: 2,2 dimethyl-1,3-propanediol; terephthalic acid; glycerol; maleic anhydride P±94±1771 03/27/95 03/10/95 (S) 1-methoxy-2-propyl propionate P±94±2158 03/07/95 02/23/95 (G) 2 Carboxamide-3 hydroxy-N phenyl-naphthanyl 4-(2′ methyl substituted phenyl azo P±93±1616 03/28/95 03/18/95 (S) Polymer of: diethylene glycol; maleic anhydride; adipic acid; toluene diisocyanate; ethanol P±95±0131 03/28/95 03/13/95 (G) Dicarboxylic acid ester P±95±0141 03/28/95 03/01/95 (G) Polyhalomethyl substituted triazine derivative P±95±0295 03/28/95 03/13/95 (G) Inorganic metal complex P±95±0417 03/28/95 03/22/95 (G) Polycarbonate polyurethane P±94±1845 03/29/95 03/13/95 (G) Fatty acid salt of alkyl diamine P±94±2203 03/30/95 03/01/95 (G) Di-substituted bis[aminobenzene] derivative P±93±0597 03/31/95 03/16/95 (G) Aliphatic amine-blocked polycycloaliphatic isocyanate P±94±1751 03/31/95 03/12/95 (S) 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester; siloxanes and silicones, di-me 3- mercaptopropyl; propanenitrile, 2,2′-azobis[2-methyl- P±94±1729 04/03/95 03/14/95 (G) Polyester polyol intermediate Y±94±0038 04/03/95 03/28/95 (S) A polymer of: safflower oil; 1,2,3 propanetriol; 2,5- furandione; 4,7-methandiso benzofuran-1,3- dione, 4,5,6,7,8,8-hexachloro-3a,4,7,=7a-tetrahydro; stannane, dibutloxo Y±93±0135 04/03/95 02/25/95 (G) Polyolefinic copolymer P±91±0964 04/05/95 03/18/95 (G) Acrylic urethane modified epoxy ester polymer Y±95±0046 03/20/95 02/28/95 (S) 1,1′′-methylenebis(4-isocyanatobenzene), polymer with 1,3-benzenedicarboxylic acid, 1,2- benzenedicarboxylic acid, 2,2-dimethyl-1,3-propanediol,1,2-ethanediol, bis(hydroxymethyl) cyclohexane, and 5-sulfo-1, 3-benzenedicarboxylic acid monosodium salt P±94±1542 03/27/95 03/15/95 (S) A polymer of: isophorone diisocyanate; 2-ethyl-(2-hydroxymethyl) 1,3 propane diol; hydroxypropyl acrylate P±94±1553 03/31/95 03/27/95 (G) Polyalkyl substituted diphosphonate P±95±0087 04/03/95 03/09/95 (G) Hydroxyl funcitonal polycarbonyl (polyalkylene oxide) polyurea oligomer P±94±0254 04/04/95 03/27/95 (S) 2-propenoic acid, 2-methyl-, cyclohexyl ester, polymer with 2-(diethylamino)ethyl 2-methyl-2- propenoate and 2-methylpropyl 2-methyl-2-propenoate P±95±0343 04/04/95 03/15/95 (G) Diethanolamine salt of a phosphated polycaprolactone P±95±0196 04/04/95 03/02/95 (G) Acrylic copolymer salt P±95±0195 04/04/95 03/02/95 (G) Acrylic copolymer salt P±94±1899 04/04/95 03/07/95 (G) Alkoxy-functional polydimethylsiloxane P±94±1900 04/04/95 03/08/95 (G) Alkoxy-functional polydimethylsiloxane P±95±0127 04/05/95 03/28/95 (G) Difunctonal ketoximino silane P±93±1381 04/05/95 03/06/95 (G) Aliphatic ether P±93±0686 04/06/95 03/03/95 (S) Carbamic acid, (3-isocyanato-4-methylphenyl)-2-ethylhexyl ester P±95±0265 04/05/95 03/05/95 (S) A polymer of: linoleic acid; benzoic acid; glycerol; pentaerythritol; phthalic anhydride List of Subjects Environmental protection, Premanufacture notices, Polymer exemptions, and Test marketing exemption applications. Dated: June 26, 1995. George A. Bonina, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 95–17474 Filed 7–14–95; 8:45 am] BILLING CODE 6560±50±F federal register July 17,1995 Monday Final Rule Participant ChoicesofInvestmentFunds; 5 CFRPart1601 Board Thrift Investment Federal Retirement Part IX 36629 36630 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations FEDERAL RETIREMENT THRIFT remove investment restrictions from the the telephone are widely available to all INVESTMENT BOARD accounts of participants who are TSP participants. receiving equal payments has been Subpart B 5 CFR Part 1601 deleted from the final rule because the technical changes necessary to Supart B is unchanged by the final Participant Choices of Investment accomplish that have not been rule. Funds completed. When those technical Subpart C AGENCY: changes are completed, it is the Board’s Federal Retirement Thrift Section 1601.5 sets forth the methods Investment Board. intention to amend the regulations to eliminate the investment restrictions. by which interfund transfer requests can ACTION: Final rule. be made. Section 1601.5(a) contains the Thus, the final rule amends the SUMMARY: The Executive Director of the general rule that interfund transfer interim rule by making changes to the requests may now be made either by Federal Retirement Thrift Investment procedures by which TSP participants Board (Board) is publishing final rules submission or a properly completed may make, change, or cancel interfund Form TSP–30 or by entry of the on participants’ choices of Thrift transfer requests. The primary change in Savings Plan (TSP) investment funds. transaction on the ThriftLine. Section the procedures involves the availability 1601.5(a) also states explicitly that Form The final rules include amendments to of the automated voice response system, the existing revised interim rules found TSP–30 generated prior to October 1990 known as the ‘‘ThriftLine,’’ for cannot be used to make interfund at subparts A and C of 5 CFR Part 1601. participants to make interfund transfer The amendments reflect changes in the transfer requests. Such forms can be requests over the telephone. The readily identified because they were methods by which TSP participants may ThriftLine provides services to request interfund transfers, including preprinted with participants’ names and participants in addition to enabling addresses, described restrictions on the use of an automated voice response them to make interfund transfer system to make, change, or cancel amounts that could be invested in the C requests, but those other functions are Funds and F Fund, and specified a interfund transfer requests. The not addressed in these regulations. The amendments also increase the number particular effective date for the final rule also addresses a policy change interfund transfer. Similarly, Form TSP– of interfund transfers permitted per year which has been adopted by the Board from four (4) to twelve (12). No 30–S, which was designed for use only and which was reflected in the May 26, by certain FERS participants to make amendments have been made to subpart 1995, proposal. It amends the interim B. interfund transfers effective as of the rule by increasing the number of end of December 1990, cannot be used EFFECTIVE DATE: These final rules are interfund transfers permitted per year to make interfund requests. effective August 16, 1995. from four (4) to twelve (12). Section 1601.5(b) retains the rule that ADDRESSES: Questions concerning these Section by Section Analysis interfund transfer requests must include regulations may be addressed to David designations of percentages to be L. Hutner, Federal Retirement Thrift Subpart A invested in each of the TSP investment Investment Board, 1250 H Street, NW., funds in multiples of 5 percent that total Washington, DC 20005, (202) 942–1661. The final rule amends § 1601.1, which contains the definitions applicable to 100 percent. This requirement applies SUPPLEMENTARY INFORMATION: Interim Part 1601, by revising one definition regardless of whether the interfund rules governing participants’ choices of and adding three new ones. transfer request is entered on the investment funds were originally ThriftLine or is submitted on Form The definition of ‘‘Interfund transfer published in the Federal Register on TSP–30. Section 1601.5 also retains request’’ has been amended to reflect March 29, 1990 (55 FR 11880) as an from the interim rule the admonition that properly completing and submitting amendment to title 5 of the Code of that an interfund transfer request does to the TSP recordkeeper an Interfund Federal Regulations, adding Part 1601, not affect future contributions made by Transfer Request (Form TSP–30) is no Participants’ Choice of Investment a participant. If a participant wishes to longer the exclusive method to request Funds. Revised interim rules were change the allocation of future an interfund transfer. A request may published in the Federal Register on contributions among the investment also be made by proper entry of the January 7, 1991 (56 FR 592) primarily to funds, that can only be accomplished by transaction on the automated ThriftLine. implement section 3 of the Thrift submission of his or her employing Savings Plan Technical Amendments Definitions of ‘‘Board’’ (the Federal agency of a properly completed Election Act of 1990 (TSPTAA), which removed Retirement Thrift Investment Board), Form (TSP–1) during a TSP Open investment restrictions that had been in ‘‘Acknowledgment of Risk,’’ and Season. The rules for submission of place prior to the effective date of the ‘‘ThriftLine’’ have been added. Under 5 Election Forms are set forth in Subpart TSPTAA. On December 28, 1994, the U.S.C. 8439(d), all participants who B, which is unchanged by the final rule. Board published a proposed rule in the invest in the Common Stock Index Section 1601.5(c) retains the interim Federal Register (59 FR 66796) setting Investment Fund (C Fund) or the Fixed rule that percentages elected by the forth changes in the procedures by Income Investment Fund (F Fund) must participant are applied to the account which TSP participants may make, sign an acknowledgment that the balance as of the effective date of the change, or cancel interfund transfer investment is made at the participant’s interfund transfer, which is established requests. The Board did not receive any own risk and that the participant is not as provided in § 1601.6. The percentages comments on the proposed regulations. protected against losses on the are applied to the account in the same On May 26, 1995, the December 28, investment or guaranteed a return on manner, whether submitted on Form 1994, proposed amendments to the the investment. Under § 1601.5 of the TSP–30 or entered on the ThriftLine. interim rules were withdrawn and final rule, the procedures for satisfying Section 1601.5(d) contains significant replaced by new proposed amendments the requirements of 5 U.S.C. 8439(d) changes to the procedures governing the (60 FR 27908). No comments on the have been changed. acknowledgment of risk required by 5 proposed amendments have been Instructions for use of the ThriftLine U.S.C. 8439(d). Under the interim rule, received. However, the proposal to to make interfund transfer requests on all participants requesting an interfund Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36631 transfer were required to sign the do not need to sign again. This is not an rather than the four interfund transfers acknowledgment of risk section on area of concern to the Board, however, per calendar year that were previously Form TSP–30 each time the form was because the superfluous signature does allowed. Thus, under the final rule, submitted, unless the request was for not impose significant burden on participants may make one interfund investment of 100% of the account participants. Any participant who transfer per month. balance in the Government Securities submits Form TSP–30 requesting Section 1601.6(b) contains the general Investment Fund (G Fund). The final investment in the C Fund or F Fund and rule governing the date on which an rule is premised on a determination that is uncertain as to whether he or she has interfund transfer will be made each participant should only be ever invested in those funds should sign effective, based on the date of receipt of required to acknowledge investment the acknowledgment or risk section of the interfund transfer request. In the risk once. To date, participants who the form to eliminate the possibility that case of a request made on the Thrift- have invested any portion of their the form will be rejected for lack of an Line, the date of receipt is the date the accounts in the C Fund or the F Fund acknowledgment of risk. For purposes transaction is entered on the ThriftLine. at any time must have already signed an of determining whether participants’ In the case of a request made by Form acknowledgment of risk, either on Form interfund transfer requests should be TSP–30, the date of receipt is the date TSP–1 or on Form TSP–30, since those processed, the TSP recordkeeping the form is delivered to the TSP are the only two methods by which system will identify whether a recordkeeper. Apart from the fact that money could have been invested in the participant has ever invested in the C interfund transfer requests may now be C Fund or F Fund. Accordingly, all Fund or F Fund, even if the participant received by two methods, the general participants whose account records subsequently transferred his or her rule adopted by this rule is identical to indicate that they have invested in the entire account to the G Fund. the interim rule: Requests received on or C Fund or F Fund (regardless of whether Section 1601.5(e) of the final rule, before the 15th of a month (or next they currently have money in those which addresses only use of Form TSP– business day if the 15th is not a funds) are deemed to have satisfied the 30, remains virtually unchanged in business day) are effective as of the end requirements of 5 U.S.C. 8439(d), and substance from the interim rule, except of the month of receipt; requests are permitted to use the ThriftLine to that paragraph (2) has been amended to received after the 15th of a month are request interfund transfers without reflect the rules set forth in § 1601.5(d). effective as of the end of the month further acknowledgment of investment The other change to this section are following receipt. risk. Participants who have never designed to consolidate the language for Section 1601.6(c) sets forth the rules invested in the C Fund or F Fund, and ease of reading rather than to make governing receipt of more than one therefore have never been required to substantive changes to the procedures interfund transfer request during the same one-month period after the 15th of sign an acknowledgment of risk, will for processing interfund transfer one month (or next business day) and not be permitted to make interfund requests. In particular, the language ‘‘or on or before the 15th of the next month. transfers on the ThriftLine until the TSP otherwise is not properly completed in The basic rule, set forth in recordkeeper receives a signed accordance with the instructions on the § 1601.6(c)(1), is that the request with acknowledgment of risk form from form’’ in § 1601.5(e)(1) is a substitute for the latest date of signature (if Form them. An Acknowledgment of Risk For several of the specific bases for rejection TSP–30 is used) or entry (if the ThriftLine Interfund Transfers (Form of forms that were included in the interim rule. Since the instructions on ThriftLine is used) controls. Thus, if a TSP–32) has been created for this Form TSP–30 include requirements that properly completed Form TSP–30 was purpose. The final rule treats had been reflected in separate dated June 17 and received by NFC on participants who may continue to make paragraphs of the previous rule, those June 25, and another interfund transfer their interfund transfer requests on paragraphs have been eliminated to request was entered on the ThriftLine paper, using Form TSP–30, consistently avoid redundancy. on June 23, the ThriftLine transaction with those who use the ThriftLine. Section 1601.5(f) has not been would supersede the request on Form Since it is only necessary to changed in substance. TSP–30, because the June 23 ThriftLine acknowledge investment risk once, Section 1601.6 of the final rule transaction was later than the June 17 participants who use Form TSP–30 and governs the timing and effective dates of signature on the Form TSP–30. fail to sign the acknowledgment of risk interfund transfers. The final rule sets The rules are based on the section will no longer have their forms forth the order of precedence with presumption that, when a participant rejected if they have previously invested respect to multiple transfer requests and enters a new transfer on the ThriftLine, any portion of their TSP account in the cancellations using the ThriftLine and/ he or she intends to supersede a form C Fund or F Fund, or if the TSP or Form TSP–30. Although the final rule that was mailed on an earlier date. The recordkeeper has received a properly permits interaction between entry of rules also presume that a participant completed Form TSP–32. Form TSP–30 transactions on the ThriftLine and on intends a later ThriftLine entry to has been amended to delete the paper (i.e., by Form TSP–30 or written supersede an earlier one. Similarly, statement that all forms requesting cancellations), the Board notes that the where a Form TSP–30 is dated one day investment in the C Fund or F Fund will rules governing the interaction are, in and another Form TSP–30 is dated on be rejected if the acknowledgment of some cases, complex; therefore, a subsequent day, it is presumed that risk section of the form is not signed. participants are encouraged to avoid, if the participant intends to override the The final rule retains the requirement possible, mixing the two methods. The earlier dated form, regardless of the that the form itself (as opposed to the ThriftLine provides the most order in which the forms may be acknowledgment of risk section) must expeditious and certain method of received by the TSP recordkeeper, be signed and dated in all cases. entering all transactions, because it because that order can be affected by the It is anticipated that some participants eliminates any delays caused by mail uncertainties of mail delivery. may continue to sign the delivery and processing of documents. Therefore, under the final rule, the acknowledgment of risk section even Section 1601.6(a) of the final rule date of receipt of Form TSP–30 though they have already invested in allows participants to make up to twelve determines only the effective date for the C Fund and/or F Fund and therefore interfund transfers per calendar year the interfund transfer that is requested. 36632 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations A Form TSP–30 dated June 8 and which the form is deemed to be a the other hand, if the June 10 letter received by the TSP recordkeeper on request. specified cancellation of the June 3 June 12 cannot be superseded by a Finally, under § 1601.(c)(3)(iii), the request, then the June 5 request would subsequent form dated June 13 but not date on which a transaction is entered be processed, because it would not be received by the recordkeeper until June on the ThriftLine is determined by superseded by the earlier June 3 request 17. The former will be processed as of application of Central Time. For nor would it be canceled by the June 10 the end of June; the latter as of the end example, a transaction entered at 12:15 cancellation letter that specified of July. If participants using Form TSP– a.m. Eastern Time on the 16th of a cancellation of the June 3 request. 30 wish to control the month end for month will be considered a transaction The last sentence of § 1601.6(d)(1) which a transfer is to be made effective, entered on the 15th, because it was governs the situation where the written it is their responsibility to ensure that 11:15 p.m. Central Time when the cancellation bears the same date as an the form is actually delivered to NFC transaction occurred. Conversely, a interfund transfer request. A different during the proper one-month period. transaction entered at 11:15 p.m. Pacific rule applies depending upon whether This can be accomplished in most cases Time on the 15th, is entered at 1:15 a.m. the interfund transfer request was by allowing sufficient time to Central Time and will therefore be submitted on Form TSP–30 or entered accommodate potential mail delays or considered a transaction entered on the on the ThriftLine. In the former case, it by using overnight mail (or other 16th. The determination of the date on is presumed that the cancellation letter guaranteed forms of delivery). which a ThrfitLine transaction was was intended to cancel a Form TSP–30 Participants can also control the requested may be important for two dated the same day. In the latter case, effective date of their interfund transfers purposes: (1) To determine whether the with one exception, the ThriftLine entry by using the ThriftLine rather than Form request was made by the applicable 15th is presumed to superseded the TSP–30, because the ThriftLine of the month cutoff date, and (2) to cancellation letter, which may have provides immediate acceptance of determine whether the request been an attempt to cancel another Form properly entered interfund transfer supersedes or cancels another request. TSP–30 that was received for a prior requests. Section 1601.6(d) of the final rule effective date or that has not yet been governs cancellation of interfund Section 1601.6(c)(2) of the final rule received or entered into the TSP system. transfer requests. Under § 1601.6(d)(1), a provides more detailed rules governing The only exception is where the written signed and dated cancellation letter receipt of multiple interfund transfer cancellation specifically states that it is containing the required information requests having the same date. Section intended to cancel the ThriftLine entry must be received by the same cutoff date 1601.6(c)(2)(i) provides that, as between of the same date; in that situation, the (15th of the month or next business day a ThriftLine request and a Form TSP–30 cancellation letter will be effective to if the 15th is not a business day) that dated the same day, the ThriftLine entry cancel the ThriftLine request of the applies to receipt of an interfund will be made effective. Thus, the same date. transfer request that is to be effective as ThriftLine entry will supersede a Form of the end of the month for which the Under § 1601.6(d)(2), a cancellation TSP–30 dated the same day. transfer to be canceled is pending. For entered on the ThriftLine before the Section 1601.6(c)(2)(ii) provides that example, a letter to cancel a pending relevant 15th of the month cutoff date as between two transactions entered the interfund transfer that is to be made will cancel a pending interfund transfer same day on the ThriftLine, the one effective as of the end of June must be request that had been entered entered later in the day supersedes the received by June 15 (or next business previously on the ThriftLine. An earlier request. day). A cancellation letter will not interfund transfer request made using Finally, § 1601.6(c)(2)(iii) provides cancel a transfer request with a date Form TSP–30 can be canceled using the that if more than one Form TSP–30 has after the date of the cancellation letter. ThriftLine only if it has been entered the same date signed, then all shall be If a cancellation letter does not state into the TSP recordkeeping system and rejected, unless they contain an unambiguously the specific interfund is, therefore, at the time the cancellation identical percentage allocation among transfer request to be canceled, it will is entered on the ThriftLine, a pending the investment funds, in which case that cancel any earlier-dated interfund transfer. In that regard, participants are allocation will be accepted. Unlike transfer request that is pending for the cautioned that in many cases Forms interfund transfer requests entered on applicable effective date. If the letter TSP–30 are not entered into the TSP the ThriftLine, where Forms TSP–30 does state unambiguously the interfund recordkeeping system until after the bear the same date but different transfer request to be canceled, then 15th cutoff, even if they are received allocation elections, the Board has no only that request will be canceled by the before that cutoff. If that is the case, way to determine which form represents letter. then the participant cannot use the the participant’s latest request. The TSP recordkeeper will compare ThriftLine to cancel an interfund Section 1601.6(c)(3) sets forth the multiple interfund transfer requests to transfer request that was submitted on rules for determining the date of an determine which is the controlling Form TSP–30. For that reason, interfund transfer request. Under request prior to determining the effect of participants who prefer to make § 1601.6(c)(3)(i), if made on the a written cancellation. For example, interfund transfer requests by use of ThriftLine, the date of the interfund assume there are two interfund transfer Form TSP–30 are encouraged to cancel transfer request is the date of the requests received prior to June 15, one only in writing. The Board will not be telephone entry of the transaction. dated June 3 and one dated June 5. The responsible for a participant’s inability Under § 1601.6(c)(3)(ii), if the interfund June 5 request supersedes the June 3 to cancel a Form TSP–30 by use of the transfer request is made on Form TSP– request. If there is a cancellation letter ThriftLine. Participants are encouraged 30, the date of the request is the dated June 10 (and received by June 15) to use, in any one interfund transfer signature date entered on the form by specifying cancellation of the June 5 period, only one method to make, the participant. As previously request, then no interfund transfer change, or cancel interfund transfer discussed, the date of receipt of the form would be processed, because the June 3 requests. is not the date of the request; the receipt request would be superseded and the Section 1601.7 is unchanged by the date controls only the effective date for June 5 request would be canceled. On final rule. Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations 36633 Regulatory Flexibility Act § 1601.5 Methods of requesting an Risk for ThriftLine Interfund Transfer interfund transfer. I certify that these regulations will not (Form TSP–32) has been received by the (a) To make an interfund transfer, have a significant economic impact on TSP recordkeeper. Participants who participants may either submit to the a substantial number of small entities. have not at any time in the past invested TSP recordkeeper a properly completed any portion of their TSP accounts in the Paperwork Reduction Act Interfund Transfer Request (Form TSP– C Fund or the F Fund must complete I certify that these regulations do not 30), or may enter the interfund transfer the Acknowledgment of Risk section of require additional reporting under the request over the telephone by using the Form TSP–30 if they make a written criteria of the Paperwork Reduction Act ThriftLine. Forms TSP–30 generated interfund transfer request, unless a of 1980. prior to October 1990, which were properly completed Form TSP–32 has preprinted with a participant’s name been received by the TSP recordkeeper. List of Subjects in 5 CFR Part 1601 and address, described restrictions on (e) An Interfund Transfer Request Employee benefit plans, Government the amounts which could be invested in (Form TSP–30) that has been submitted employees, Retirement, Pensions. the C Fund and the F Fund, and to the TSP recordkeeper will not be specified an effective date for the Roger W. Mehle, processed and will have no effect, if: interfund transfer, are obsolete forms. (1) It is not signed and dated, or Executive Director, Federal Retirement Thrift They will be rejected by the TSP Investment Board. otherwise is not properly completed in recordkeeper if submitted to make an accordance with the instructions on the Accordingly, the revised interim rule interfund transfer request. Similarly, form; or revising 5 CFR Part 1601 which was Form TSP–30–S, which was designed (2) In the case of a participant who published at 56 FR 592 on January 7, for use only by certain FERS has not previously invested any portion 1991, is adopted as a final rule with the participants to make interfund transfers of his or her TSP account in the C Fund following changes: effective as of the end of December or the F Fund and for whom a properly 1990, are obsolete forms which will be completed Form TSP–32 has not been PART 1601ÐPARTICIPANT CHOICE rejected by the TSP recordkeeper if received by the TSP recordkeeper, the OF INVESTMENT FUNDS submitted to make an interfund transfer acknowledgment of risk section of the 1. The authority citation for Part 1601 request. Form TSP–30 is not signed; or (b) To make an interfund transfer continues to read as follows: (3) The participant is not otherwise request, a participant must designate the eligible to make an interfund transfer Authority: 5 U.S.C. 8351, 8438, 8474(b)(5) percentages of his or her account (e.g., because he or she is scheduled for and (c)(1). balance that are to be invested in the C a withdrawal of the entire account 2. Section 1601.1 is amended by Fund, the F Fund, and/or the G Fund. balance). revising the definition ‘‘Interfund The percentages selected by the (f) If a Form TSP–30 is rejected, the Transfer Request’’ and adding in participant must be in multiples of 5 form will have no effect. The participant alphabetical order definitions of percent and must total 100 percent. An will be provided with a brief written ‘‘Acknowledgment of risk’’, ‘‘Board’’, interfund transfer request has no effect statement of the reason the form was and ‘‘ThriftLine’’, to read as follows: on contributions made by a participant rejected. after the effective date of the interfund 4. Section § 1601.6 is revised to read § 1601.1 Definitions. transfer (as determined in accordance as follows: * * * * * with § 1601.6); such subsequent Acknowledgment of risk means an contributions will continue to be § 1601.6 Timing and effective dates of acknowledgment that any investment in allocated among the investment funds interfund transfers. the C Fund or the F Fund is made at the in accordance with the participant’s (a) Annual limit. A participant may participant’s risk, that the participant is election under subpart B of this part. have no more than twelve interfund not protected by the United States (c) The percentages elected by the transfers made effective during any Government or the Board against any participant will be applied to the calendar year, one in each calendar loss on the investment, and that neither participant’s account balance month. the United States Government nor the attributable to each source of (b) Effective dates. Interfund transfer Board guarantees any return on the contributions as of the effective date of requests received by the TSP investment. the interfund transfer, as determined in recordkeeper (whether by Form TSP–30 * * * * * accordance with § 1601.6. or on the ThriftLine) on or before the Board means the Federal Retirement (d) Participants who have at any time 15th day of a month (or, if the 15th day Thrift Investment Board. in the past invested any portion of their is not a business day, by the next TSP accounts in the C Fund or the F business day) shall be effective as of the * * * * * Fund are eligible to make interfund end of the month during which the Interfund Transfer Request means transfer requests using the ThriftLine interfund transfer request was received. submission of a properly completed since they must, at some previous time, Interfund transfer requests received by Interfund Transfer Request (Form TSP– have submitted an Acknowledgment of the TSP recordkeeper after the 15th day 30) or proper entry of an interfund Risk; such participants need not, if of a month (or, if applicable, by the next transfer through use of the ThriftLine. using Form TSP–30 to make a written business day) will be effective as of the * * * * * interfund transfer request, complete the end of the month following the month ThriftLine means the automated voice section of the form that contains the during which the interfund transfer response system by which TSP acknowledgment of risk. Participants request was received. Account balances participants may, among other things, who have not at any time in the past that are real-located among the make interfund transfer requests by invested any portion of their TSP investment funds effective as of the end telephone. accounts in the C Fund or the F Fund of any month will reflect the effects of * * * * * are not eligible to make interfund all other account activity posted to the 3. Section 1601.5 is revised to read as transfers using the ThriftLine until a account effective during or as of the end follows: properly completed Acknowledgment of of that month. 36634 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Rules and Regulations (c) Multiple interfund transfer (3) For purposes of determining the it will only be canceled if the written requests. (1) If two or more properly date of an interfund transfer request: cancellation specifies the date of the completed interfund transfer requests (i) The date of an interfund transfer ThriftLine request to be canceled. with different dates (as determined by request made on the ThriftLine is the (2) Cancellation on the ThriftLine. (i) paragraph (c)(3) of this section) are date of its telephone entry; An interfund transfer request may also received for the same participant after (ii) The date of an interfund transfer be canceled by entering the cancellation the 15th day of one month (or, if request made on Form TSP–30 is the on the ThriftLine on or before the 15th applicable, after the next business day), signature date set forth on the form by day of the month (or, if applicable, the but on or before the 15th day of the next the participant; and next business day) as of the end of month (or, if applicable, the next (iii) Central time will be used for which the interfund transfer is to be business day), the interfund transfer determining the date on which a effective. A cancellation entered on the request with the latest date (as transaction is entered on the ThriftLine. ThriftLine will apply to a pending determined by paragraph (c)(3) of this (d) Cancellation of interfund transfer interfund transfer request entered on the section) will be made effective and the requests. Interfund transfer requests ThriftLine before the entry of the earlier interfund transfer request(s) will may be canceled either in writing or by cancellation. A cancellation entered on be superseded. entering the cancellation of the the ThriftLine can only apply to (2) If two or more properly completed ThriftLine. interfund transfer requests submitted on interfund transfer requests with the (1) Cancellation by letter. A Forms TSP–30 that were: same dates are received for the same participant may cancel an interfund (A) Dated on or before the date of the participant after the 15th day of one transfer request by submitting a letter to cancellation; and month (or, if applicable, after the next the TSP recordkeeper requesting (B) Received and entered into the TSP business day), but on or before the 15th cancellation. To be accepted, the recordkeeping system before the day of the next month (or, if applicable, cancellation letter must be signed and cancellation is attempted on the the next business day), the following dated and must contain the participant’s ThriftLine. name, Social Security number, and date rules shall apply: (ii) The Board cannot guarantee that of birth. To be effective, the cancellation (i) If one or more of the interfund the TSP recordkeeper will enter Forms letter must be received on or before the transfer requests was submitted using TSP–30 into the TSP recordkeeping 15th day of the month as of the end of the ThriftLine and one or more was system before the 15th day of the which the interfund transfer is to be made on Form TSP–30, the request(s) month, regardless of the date the Form effective (or, if applicable, by the next made on the ThriftLine will supersede TSP–30 may have been received. Thus, business day). Unless the letter states the request(s) made on Form TSP–30; participants cannot rely on the (ii) If more than one of the interfund unambiguously the specific interfund ThriftLine to cancel an interfund transfer requests were made on the transfer request it seeks to cancel, the transfer request that was submitted on ThriftLine, the request entered at the written cancellation will apply to any Form TSP–30, and participants are latest time of day will supersede the interfund transfer request with a date (as discouraged from attempting to do so. earlier request(s); and determined under paragraph (c)(3) of The Board is not responsible for any (iii) If more than one of the interfund this section) before the date of the consequences of a participant’s inability transfer requests were submitted using cancellation letter. If the date of a to cancel on the ThriftLine an interfund Form TSP–30, all such forms will be cancellation letter is the same as the transfer request submitted on Form rejected, unless they all contain date of an interfund transfer request and TSP–30. identical percentage allocations among the request was made on Form TSP–30, the TSP investment funds, in which the Form TSP–30 will be canceled; if [FR Doc. 95–17471 Filed 7–14–95; 8:45 am] case one will be accepted. the request was made on the ThriftLine BILLING CODE 6760±01±M i Reader Aids Federal Register Vol. 60, No. 136 Monday, July 17, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JULY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 1008...... 35835 Administrative Orders: Code of Federal Regulations 11 CFR Memorandums: 100...... 35292 Index, finding aids & general information 523±5227 June 29, 1995...... 35113 Printing schedules 523±3419 106...... 35292 Presidential Determinations: 109...... 35292 Laws No. 95±27 of June 23, 114...... 35292 1995 ...... 35461 Public Laws Update Service (numbers, dates, etc.) 523±6641 No. 95±28 of June 23, 12 CFR Additional information 523±5230 1995 ...... 35463 22...... 35286 Presidential Documents No. 95±29 of June 28, 30...... 35674 1995 ...... 35465 208...... 35286, 35674 Executive orders and proclamations 523±5230 No. 95±31 of July 2, 225...... 35120 Public Papers of the Presidents 523±5230 1995 ...... 35827 263...... 35674 Weekly Compilation of Presidential Documents 523±5230 303...... 35674 4 CFR 308...... 35674 The United States Government Manual 28...... 35115 339...... 35286 General information 523±5230 29...... 35115 360...... 35487 Other Services 364...... 35674 5 CFR 563...... 35286 523±4534 Data base and machine readable specifications 213...... 35119 570...... 35674 523±3187 Guide to Record Retention Requirements 316...... 35119 614...... 35286 523±4534 Legal staff 532 ...... 35467, 36203, 36204 760...... 35286 523±3187 Privacy Act Compilation 575...... 35601 Proposed Rules: 523±6641 Public Laws Update Service (PLUS) 581...... 35468 20...... 34907 TDD for the hearing impaired 523±5229 1601...... 36630 21...... 34476 Proposed Rules: 28...... 34907 ELECTRONIC BULLETIN BOARD 532...... 36238 30...... 35688 550...... 35342 34...... 35353 Free Electronic Bulletin Board service for Public Law 208...... 34481, 35688 numbers, Federal Register finding aids, and list of 7 CFR 211...... 34481 documents on public inspection. 202±275±0920 225...... 34481 29...... 36027 309...... 35148 FAX-ON-DEMAND 201...... 35829 346...... 36074 You may access our Fax-On-Demand service. You only need a fax 360...... 35831 364...... 35688 machine and there is no charge for the service except for long 457...... 35832 563...... 36366 distance telephone charges the user may incur. The list of 868...... 36028, 36030 570...... 35688 documents on public inspection and the daily Federal Register’s 920...... 36032 table of contents are available using this service. The document 921...... 36204 14 CFR numbers are 7050-Public Inspection list and 7051-Table of 945...... 36339 39 ...... 34844, 35322, 35323, Contents list. The public inspection list will be updated 956...... 34843 35324, 35326, 35328, 35452 immediately for documents filed on an emergency basis. 958...... 34453 71 ...... 34845, 35330, 35331, NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 998...... 36205 35332, 35333, 36340, 36341, FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1205...... 36033 36342, 36343, 36344, 36345, public inspection may be viewed and copied in our office located 1446...... 35834 36346 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1955...... 34454 97 ...... 36346, 36349, 36350 telephone number is: 301±713±6905 2812...... 34456 Proposed Rules: Proposed Rules: 39 ...... 35873, 35877, 36078 1...... 34474 FEDERAL REGISTER PAGES AND DATES, JULY 71 ...... 36370, 36371, 36372, 47...... 34474 36373, 36462 319 ...... 34832, 35712, 35871 234...... 35158 34453±34842...... 3 35691±35828...... 11 1004...... 36239 16 CFR 34843±35112...... 5 35829±36026...... 12 9 CFR Proposed Rules: 35113±35320...... 6 36027±36202...... 13 Proposed Rules: 436...... 34485 35321±35460...... 7 36203±36338...... 14 82...... 35343 1500...... 34922 35461±35690...... 10 36339±36634...... 17 145...... 35343 1507...... 34922 147...... 35343 17 CFR 10 CFR 30...... 34458 19...... 36038 231...... 35663 20...... 36038 Proposed Rules: 515...... 35321 210...... 35656 ii Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Reader Aids 228 ...... 35604, 35633, 35656 1926...... 36043 3...... 36492 414...... 35492 229...... 35604, 35633 1960...... 34851 Proposed Rules: 417...... 34885 230 ...... 35604, 35638, 35642, 2610...... 36208 201...... 35522 433...... 35498 35645, 35648 2619...... 36210 202...... 35522 Proposed Rules: 232...... 35648 2622...... 36208 52b...... 35266 239...... 35604, 35656 2676...... 36210 39 CFR 405...... 35544 240 ...... 35604, 35633, 35642 2644...... 36212 111...... 34854 249 ...... 35604, 35633, 35642, Proposed Rules: Proposed Rules: 44 CFR 35656 2628...... 35308 111...... 36179, 36376 65 ...... 34888, 34889, 35276 260...... 35642 67...... 34891 30 CFR 40 CFR 18 CFR Proposed Rules: 18...... 35692 9...... 34582, 35452 67...... 34947 Proposed Rules: 19...... 35692 52 ...... 34856, 34859, 34867, 1160...... 35162 284...... 35522 20...... 35692 36051, 36060, 36063, 36065, 22...... 35692 36225, 36227, 36361 45 CFR 19 CFR 27...... 35692 60...... 35452 94...... 35810 28...... 35692 70 ...... 35335, 36065, 36070 4...... 35837 96...... 36334 141 to 199 ...... 35122 35...... 35692 80...... 35488 36...... 35692 81...... 34461, 34859 Proposed Rules: Proposed Rules: 57a...... 36093 102...... 35878 50...... 35692 90...... 34582 56...... 35692 133...... 36249 180 ...... 34868, 34869, 34871, 47 CFR 162...... 35881 57...... 35692 34874, 34876, 35844 70...... 35692 185...... 34876 0...... 34901, 35503 21 CFR 71...... 35692 186...... 34876 1...... 34902 2...... 35507 5...... 36582 74...... 35692 260...... 35452 77...... 35692 262...... 35452 21...... 36524 25...... 36582 63...... 35507 102...... 34459 90...... 35692 264...... 35452, 35703 913...... 35696, 35697 265...... 35452, 35703 64...... 35846 170...... 36582 73 ...... 35338, 35339, 35340, 171...... 36582 925...... 36044 270...... 35452 934...... 36213 271...... 35452, 35703 35512, 36230, 36231 174...... 36582 76...... 35854 510...... 35122, 35838 935...... 36352 281...... 34879 Proposed Rules: 302...... 35492, 35991 80...... 35507 522...... 35122, 35123 90...... 35507 558...... 34460 920...... 36080 355...... 35991 Proposed Rules: 1309...... 35264, 36334 944...... 35158 436...... 35796 2...... 35166 1313...... 35264, 36334 948...... 34934 704...... 34462 15...... 35166 1316...... 35264, 36334 707...... 34462 31 CFR 712...... 34462, 34879 25...... 35166 Proposed Rules: 321...... 35126 716...... 34462, 34879 32...... 35548 314...... 34486 720...... 34462 36...... 35548 872...... 35713 32 CFR 721...... 34462 64...... 35368 22 CFR 290...... 35699 723...... 34462 73 ...... 34959, 35369, 35372, 311...... 36050 761...... 34462 35548, 36378 42...... 35838 341...... 35839 763...... 34462 87...... 35166 23 CFR 806b...... 36224 766...... 34462 90...... 35719 Proposed Rules: 790...... 34462 645...... 34846 57...... 36081 795...... 34462 48 CFR 24 CFR 796...... 34462 1 ...... 34732, 34733, 34735 33 CFR 799...... 34462 2 ...... 34732, 34735, 34741 92...... 36020 100 ...... 35699, 36355, 36356 Proposed Rules: 3...... 34732, 34741 200...... 35691 117...... 36357, 36359 52 ...... 34488, 34938, 35361, 4 ...... 34732, 34735, 34741 572...... 36016 162...... 35701 35531, 35535, 36082, 36252, 5 ...... 34732, 34735, 34741 791...... 35123 165...... 35702 36377 6...... 34732, 34741 882...... 34660 Proposed Rules: 63...... 34938 7...... 34732, 34735 887...... 34660 165...... 36374 70 ...... 34488, 34493, 35538, 8 ...... 34732, 34735, 34741 905...... 35691 36083 9 ...... 34732, 34735, 34741 941...... 35691 34 CFR 80...... 34940 12...... 34732, 34735 968...... 35691 Ch. XI...... 35798 140...... 34940 13...... 34732, 34741 982...... 34660 200...... 34800 180 ...... 34943, 34945, 35365 14...... 34732, 34735 983...... 34660 201...... 34800 261...... 36377 15 ...... 34732, 34735, 34741 Proposed Rules: 203...... 34800 264...... 35718 16 ...... 34732, 34735, 34741 92...... 36012 205...... 34800 265...... 35718 19 ...... 34732, 34735, 34741 212...... 34800 20 ...... 34732, 34735, 34741 25 CFR 271...... 36377 263...... 35111 300...... 35160 22...... 34732, 34741 Proposed Rules: 1100...... 35798 302...... 36377 23...... 34732, 34741 Ch. I ...... 34488 430...... 34938 25 ...... 34732, 34735, 34741 36 CFR 439...... 35367 27...... 34732, 34741 26 CFR 5...... 35839 28 ...... 34732, 34735, 34741 Proposed Rules: 7...... 35839, 36224 41 CFR 29...... 34741 1...... 35882 68...... 35842 101±47...... 35706 32 ...... 34732, 34735, 34741 18...... 35882 701...... 34852 33...... 34732 Proposed Rules: 42 CFR 36 ...... 34732, 34735, 34741 28 CFR 7...... 35887 3...... 36072 41...... 34732, 34741 0...... 35334 13...... 36082 6...... 36073 42...... 34732, 34741 50...... 35810 43...... 34732, 34741 29 CFR 37 CFR 51g...... 36072 44...... 34732, 34741 1915...... 36043 1...... 36492 110...... 36072 45 ...... 34732, 34735, 34741 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Reader Aids iii 46...... 34732, 34741 206...... 34497 571 ...... 35169, 35373, 35889, 663...... 34472 47...... 34732, 34741 207...... 34497 36253, 36378 669...... 35340 49...... 34732, 34741 225...... 34497 573...... 35459 672 ...... 35146, 35711, 35870, 52 ...... 34732, 34735, 34741 1552...... 35719 575...... 34961, 36255 36236, 36237 53 ...... 34732, 34735, 34741 5446...... 35720 576...... 35459 675...... 34904 204...... 34467 5452...... 35720 577...... 35459 677...... 34904 215...... 34467 678...... 35340 217...... 34467 49 CFR 50 CFR 219...... 35668 541...... 36231 17...... 36000 Proposed Rules: 225...... 34470, 34471 571...... 35126 301...... 34472, 36364 17 ...... 35374, 36380, 36382 243...... 34467 573...... 35458 630...... 35340, 35869 18...... 36382 252...... 34471, 35668 576...... 35458 644...... 35340 32...... 36196, 36200 253...... 35868 577...... 35458 645...... 35340 36...... 36093, 36576 Proposed Rules: Proposed Rules: 650...... 35513 228...... 35891 32...... 35454 195...... 35549 651...... 35513 635...... 34965 52...... 35454 225...... 34498 653...... 35340 638...... 36093 iv Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Reader Aids CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–022–00054–3) ...... 20.00 Apr. 1, 1994 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–022–00055–1) 23.00 Apr. 1, 1994 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–022–00056–0) 30.00 Apr. 1, 1994 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–026–00060–3) ...... 11.00 Apr. 1, 1995 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 April 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–022–00064–1) ...... 34.00 Apr. 1, 1994 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 *1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–022–00067–5) ...... 21.00 Apr. 1, 1994 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00068–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–022–00071–3) ...... 16.00 Apr. 1, 1994 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–022–00072–1) ...... 8.50 Apr. 1, 1994 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–022–00073–0) ...... 22.00 Apr. 1, 1994 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–022–00075–6) ...... 32.00 Apr. 1, 1994 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–022–00077–2) ...... 21.00 Apr. 1, 1994 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–022–00078–1) 36.00 Apr. 1, 1994 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–499 ...... (869–022–00079–9) ...... 38.00 Apr. 1, 1994 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 500–699 ...... (869–022–00080–2) ...... 20.00 Apr. 1, 1994 700–1699 ...... (869–022–00081–1) ...... 39.00 Apr. 1, 1994 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 9 Parts: 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 26 Parts: §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 10 Parts: §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.170–1.300 ...... (869–022–00086–1) ...... 24.00 Apr. 1, 1994 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 *§§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.401–1.440 ...... (869–022–00088–8) ...... 30.00 Apr. 1, 1994 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-022-00089-6) ...... 22.00 Apr. 1, 1994 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.641–1.850 ...... (869–022–00091–8) ...... 24.00 Apr. 1, 1994 §§ 1.851–1.907 ...... (869–022–00092–6) ...... 26.00 Apr. 1, 1994 12 Parts: §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–022–00094–2) ...... 24.00 Apr. 1, 1994 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 2–29 ...... (869–022–00096–9) ...... 24.00 Apr. 1, 1994 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 40–49 ...... (869–022–00098–4) ...... 14.00 Apr. 1, 1994 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 300–499 ...... (869–022–00100–1) ...... 24.00 Apr. 1, 1994 Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Reader Aids v Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–022–00154–0) ...... 28.00 July 1, 1994 600–End ...... (869–022–00102–7) ...... 8.00 Apr. 1, 1994 790–End ...... (869–022–00155–8) ...... 27.00 July 1, 1994 27 Parts: 41 Chapters: 1–199 ...... (869–022–00103–5) ...... 36.00 Apr. 1, 1994 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–022–00105–1) ...... 27.00 July 1, 1994 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-022-00106-0) ...... 21.00 July 1, 1994 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–022–00107–8) ...... 21.00 July 1, 1994 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–022–00108–6) ...... 9.50 July 1, 1994 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–022–00110–8) ...... 17.00 July 1, 1994 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–022–00156–6) ...... 9.50 July 1, 1994 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–022–00158–2) ...... 15.00 July 1, 1994 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–022–00159–1) ...... 13.00 July 1, 1994 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–022–00117–5) ...... 19.00 July 1, 1994 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–022–00118–3) ...... 27.00 July 1, 1994 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–022–00119–1) ...... 18.00 July 1, 1994 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 2 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 2 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–022–00122–1) ...... 36.00 July 1, 1994 46 Parts: 400–629 ...... (869–022–00123–0) ...... 26.00 July 1, 1994 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–022–00124–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 ...... 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 (869–022–00173–6) 8.50 Oct. 1, 1994 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 800–End ...... (869–022–00126–4) ...... 22.00 July 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–022–00129–9) ...... 24.00 July 1, 1994 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–022–00130–2) ...... 28.00 July 1, 1994 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–022–00131–1) ...... 21.00 July 1, 1994 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 35 ...... (869–022–00133–7) ...... 12.00 July 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts: 48 Chapters: 1–199 ...... (869–022–00134–5) ...... 15.00 July 1, 1994 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 200–End ...... (869–022–00135–3) ...... 37.00 July 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 ...... 0–17 ...... (869–022–00137–0) ...... 30.00 July 1, 1994 3–6 (869–022–00189–2) 23.00 Oct. 1, 1994 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 18–End ...... (869–022–00138–8) ...... 29.00 July 1, 1994 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 39 ...... (869–022–00139–6) ...... 16.00 July 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 49 Parts: 1–51 ...... (869–022–00140–0) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 50 Parts: 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 190–259 ...... (869–022–00149–3) ...... 18.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 CFR Index and Findings 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 vi Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / Reader Aids Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 Complete 1995 CFR set ...... 883.00 1995 Individual copies ...... 1.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes Microfiche CFR Edition: should be retained as a permanent reference source. 2 Complete set (one-time mailing) ...... 188.00 1992 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations Complete set (one-time mailing) ...... 223.00 1993 in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing Complete set (one-time mailing) ...... 244.00 1994 those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1994. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained. 9 Note: Title 19, CFR Parts 141-199, revised 4-1-95 volume is being republished to restore inadvertently omitted text.