Pages 34713±35082 Vol. 61 7±3±96 No. 129 federal register July 3,1996 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996

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2 III

Contents Federal Register Vol. 61, No. 129

Wednesday, July 3, 1996

Agency for International Development NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 34920 American schools and hospitals abroad, 34862 Commerce Department Agriculture Department See Economic Development Administration See Animal and Plant Health Inspection Service See International Trade Administration See Cooperative State Research, Education, and Extension See National Institute of Standards and Technology Service See National Oceanic and Atmospheric Administration See Food Safety and Inspection Service See Patent and Trademark Office See Forest Service NOTICES See Grain Inspection, Packers and Stockyards Agency information collection activities: Administration Submission for OMB review; comment request, 34790– See Rural Utilities Service 34791

Animal and Plant Health Inspection Service Committee for the Implementation of Textile Agreements PROPOSED RULES NOTICES Animal welfare: Cotton, wool, and man-made textiles: Horse protection regulations— China, 34919 Horse Protection Act; enforcement changes; public meetings, 34747 Commodity Futures Trading Commission NOTICES Antitrust Division Contract market proposals: NOTICES Coffee, Sugar & Cocoa Exchange— Competitive impact statements and proposed consent Membership lessees; affiliation with member firms, judgments: 34802 American National Can Co. et al., 34862 AnchorShade, Inc., 34867 Cooperative State Research, Education, and Extension Service Army Department NOTICES See Engineers Corps Grants and cooperative agreements; availability, etc.: Agriculture telecommunications program; correction, Arts and Humanities, National Foundation 34927 See National Foundation on the Arts and the Humanities Defense Department Centers for Disease Control and Prevention See Engineers Corps NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 34841–34843 Submission for OMB review; comment request, 34802– Grants and cooperative agreements; availability, etc.: 34803 State and community nutrition and physical activity intervention programs; evaluation, 34843–34846 Economic Development Administration NOTICES Children and Families Administration Trade adjustment assistance eligibility determination NOTICES petitions: Agency information collection activities: Brahmin Leather Works, Inc., et al., 34791 Proposed collection; comment request, 34846 Education Department Coast Guard NOTICES RULES Agency information collection activities: Electrical engineering: Proposed collection; comment request, 34803–34804 Merchant vessels; electrical engineering requirements Correction, 34927 Employment and Training Administration Ports and waterways safety: NOTICES Towing vessels; navigation safety equipment Adjustment assistance: requirements, 35064–35076 Boise Cascade Corp., 34876 PROPOSED RULES Leslie Corp. et al., 34876 Pollution: OshKosh B’Gosh, 34877 Tank vessel or marine transportation related facility Pioneer Balloon et al., 34877–34878 response plans; hazardous substances response Adjustment assistance and NAFTA transitional adjustment equipment assistance: Public meetings, 34775 Clear Pine Moulding et al., 34874 IV Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Contents

NAFTA transitional adjustment assistance: Airworthiness standards: Sara Lee Knit Products, 34878 Transport category airplanes— Stone Ridge Farm, 34878 Hydraulic systems standards revision to harmonize Weyerhaeuser Co., 34878 with European standards, 35056–35061 Class E airspace, 34769–34770 Energy Department NOTICES Advisory circulars; availability, etc.: See Federal Energy Regulatory Commission Aircraft— See Hearings and Appeals Office, Energy Department Hydraulic system certification tests and analysis, 35062 Agency information collection activities: Engineers Corps Proposed collection; comment request, 34921 RULES Committees; establishment, renewal, termination, etc.: Danger zones and restricted areas: Aviation Rulemaking Advisory Committee, 34922 Chesapeake Bay off Fort Monroe, VA, and Canaveral Environmental statements; availability, etc.: Harbor adjacent to Navy Pier at Fort Canaveral, FL, Blue Grass Airport, KY; parallel runway; correction, 34732–34733 34923 Meetings: Environmental Protection Agency Aviation Rulemaking Advisory Committee, 34923 RULES Aviation Security Advisory Committee, 34923 Clean Air Act: State operating permits programs— Federal Communications Commission Maryland, 34733–34739 RULES Pesticides; tolerances in food, animal feeds, and raw Radio stations; table of assignments: agricultural commodities: North Carolina, 34744 Pentaerythritol stearates, 34741–34743 South Carolina, 34743–34744 Potassium citrate, 34739–34741 Virginia, 34744 PROPOSED RULES Washington, 34743 Air pollutants, hazardous; national emission standards: Television stations; table of assignments: Nonhandheld new nonroad phase I small spark-ignition Wisconsin, 34744–34745 engines, class I and II; carbon monoxide standard, PROPOSED RULES Radio stations; table of assignments: 34778–34784 Michigan, 34784–34785 Air programs; fuels and fuel additives: Texas, 34785 Reformulated gasoline program; alternative analytical test NOTICES methods use, 34775–34778 Meetings: NOTICES Public Safety Wireless Advisory Committee, 34814 Agency information collection activities: Submission for OMB review; comment request, 34809– Federal Deposit Insurance Corporation 34812 PROPOSED RULES Clean Water Act: Assessments: Effluent guidelines plan (biennial), 35042–35054 Oakar institutions; interpretive rules, 34751–34767 Pesticide, food, and feed additive petitions: NOTICES Griffin Corp. et al., 34811–34812 Operating insured depository institutions; assistance; policy Reporting and recordkeeping requirements, 34812 statement, 34814–34817 Reports; availability, etc.: Acute toxicity studies conduct; comment request, 34812– Federal Energy Regulatory Commission 34814 NOTICES Environmental statements; availability, etc.: Executive Office of the President Ruger, William B., Jr., 34807 See Management and Budget Office Applications, hearings, determinations, etc.: Algonquin Gas Transmission Co., 34804 Columba Gas Transmission Corp., 34805 Federal Aviation Administration KO Transmission Co., 34805 RULES Northern Natural Gas Co., 34805 Air carrier certification and operations: Plant Owners, 34805–34807 Check airmen and flight instructors in simulators; Texas Eastern Transmission Corp., 34807 separate training and qualification requirements Viking Gas Transmission Co., 34807 Correction, 34927 Airworthiness directives: Federal Highway Administration Fokker, 34718–34719 NOTICES Airworthiness standards: Environmental statements; notice of intent: Special conditions— Howell, Livingston County, MI, 34924 Cessna 500, 550, and S550 airplanes, 34716–34718 St. Paul, MN, 34924 Class D and Class E airspace, 34720 Jet routes, 34720–34722 Federal Housing Finance Board VOR Federal airways, 34722–34724 NOTICES PROPOSED RULES Federal home loan bank system: Airworthiness directives: Items processing and settlement and other services; de Havilland, 34767–34769 prices, 34818–34837 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Contents V

Federal Mediation and Conciliation Service Grain Inspection, Packers and Stockyards Administration NOTICES RULES Agency information collection activities: Fees: Submission for OMB review; comment request, 34837– Federal rice inspection services, 34714–34716 34839 Health and Human Services Department See Centers for Disease Control and Prevention Federal Reserve System See Children and Families Administration PROPOSED RULES See Food and Drug Administration Securities: See Health Care Financing Administration Relations with dealers in securities under section 32, See Health Resources and Services Administration 1933 Banking Act (Regulation R); and miscellaneous See National Institutes of Health interpretations, 34749–34751 NOTICES Objectivity in research and investigator financial disclosure Fish and Wildlife Service policy; responses to questions, 34839–34841 NOTICES Endangered and threatened species permit applications, Health Care Financing Administration 34857–34858 NOTICES Marine mammals permit applications, 34858 Agency information collection activities: Submission for OMB review; comment request, 34855

Food and Drug Administration Health Resources and Services Administration RULES NOTICES Animal drugs, feeds, and related products: Committees; establishment, renewal, termination, etc.: New drug applications— Graduate Medical Education Council, 34855–34856 Diethylcarbamazine tablets, etc., 34727–34729 Human drugs: Hearings and Appeals Office, Energy Department Antibiotic drugs— NOTICES Clarithromycin granules for oral suspension, 34726– Cases filed, 34807–34808 34727 NOTICES Housing and Urban Development Department Agency information collection activities: RULES Proposed collection; comment request, 34846–34848 Mortgage and loan insurance program: Animal drugs, feeds, and related products: Single family mortgage insurance; loss mitigation Bayer Corp. et al.; approval withdrawn, 34848–34849 procedures, 35014–35020 Compounding of drugs for use in animals; compliance NOTICES policy guide; availability, 34849–34852 Grants and cooperative agreements; availability, etc.: Food additive petitions: Public and Indian housing— Life Technologies, Inc., 34852 Tenant opportunities program, 35022–35040 Sumitomo Chemical America, Inc., 34853 Medical devices; premarket approval: Immigration and Naturalization Service Ciba Corning Diagnostics Corp.; ACS AFP (two-site NOTICES chemiluminescence immuoassay), 34853–34854 Agency information collection activities: Technicon Immuno 1 CEA Assay, 34854 Proposed collection; comment request, 34871–34873 Meetings: Temporary protected status program designations: Center for Biologics Evaluation and Research; standing Rwanda; correction, 34927 oversight committee to review use of refusal to file practices, 34854–34855 Interior Department See Fish and Wildlife Service See Geological Survey Food Safety and Inspection Service See Land Management Bureau PROPOSED RULES See Minerals Management Service Meat and poultry inspection: Fee increases, 34747–34749 Internal Revenue Service NOTICES Forest Service Bulletin index-digest system; elimination; comment request, NOTICES 34926 Environmental statements; availability, etc.: International Development Cooperation Agency Mt. Baker-Snoqualmie National Forest, WA, 34789 Meetings: See Agency for International Development Oregon Coast Provincial Advisory Committee, 34789 International Trade Administration NOTICES Geological Survey Antidumping: NOTICES High-tenacity rayon filament yarn from— Meetings: Germany, 34792–34794 Federal Geographic Data Committee— Countervailing duties: Vegetation classification and information standards, Ball bearings and parts from— 34858 Thailand, 34794–34798 VI Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Contents

International Trade Commission National Foundation on the Arts and the Humanities NOTICES NOTICES Import investigations: Grants and cooperative agreements; availability, etc.: Clad steel plate from— National Trust for Historic Preservation; Your Town: Japan, 34862 Designing its Future, 34789 Meetings; Sunshine Act, 34862 Meetings: Humanities Panel, 34790 Justice Department See Antitrust Division National Institute of Standards and Technology See Immigration and Naturalization Service NOTICES RULES Voluntary product standards: Equal employment opportunity, 34729–34730 American softwood lumber, 34798 PROPOSED RULES Grants: National Institutes of Health Juvenile Justice and Delinquency Prevention Office NOTICES formula grants, 34770–34775 Meetings: National Cancer Institute, 34856 Labor Department National Institute of Mental Health, 34856–34857 See Employment and Training Administration National Institute on Aging, 34857 See Pension and Welfare Benefits Administration National Library of Medicine, 34857 NOTICES Agency information collection activities: National Oceanic and Atmospheric Administration Submission for OMB review; comment request, 34873 RULES Fishery conservation and management: Atlantic Coast weakfish, 34746 Land Management Bureau Atlantic swordfish; correction, 34746 NOTICES Caribbean, Gulf of Mexico, and South Atlantic fisheries, Environmental statements; availability, etc.: 34930–34964 Santa Fe Pacific Gold Corp., Twin Creeks Mine Northeastern United States fisheries, 34966–35011 Consolidation and Expansion Project, NV, 34859 PROPOSED RULES Ward Valley, CA; land transfer to California for low-level Fishery conservation and management: radioactive waste disposal facility development, Gulf of Mexico and South Atlantic coastal migratory 34859 pelagic resources, 34785–34788 Meetings: NOTICES Green River Basin Advisory Committee, 34859 Grants and cooperative agreements; availability, etc.: Southeastern Oregon Resource Advisory Council, 34859– Fishing vessel and gear damage compensation fund 34860 program, 34798 Public land orders: Meetings: Idaho, 34860 Hawaiian Islands Humpback Whale National Marine Realty actions; sales, leases, etc.: Sanctuary Advisory Council, 34799 Nevada, 34860 Western Pacific Fishery Management Council, 34799– Recreation management restrictions, etc.: 34800 Barstow Resource Area, CA; recreational shooting Permits: restrictions; supplemental rule, 34861 Endangered and threatened species, 34800 Withdrawal and reservation of lands: Marine mammals, 34801 Arizona, 34861 National Science Foundation Management and Budget Office NOTICES NOTICES Objectivity in research and investigator financial disclosure Budget rescissions and deferrals, 34909 policy; responses to questions, 34839–34841

Maritime Administration Nuclear Regulatory Commission NOTICES NOTICES Mortgagees and trustees; applicants approval, disapproval, Generic letters: etc.: Boraflex degradation in spent fuel pool storage racks, Fifth Third Bank, 34925 34882 Seattle-First National Bank, 34925 Meetings: Reactor Safeguards Advisory Committee, 34882 Operating licenses, amendments; no significant hazards Minerals Management Service considerations; biweekly notices, 34884 RULES Applications, hearings, determinations, etc.: Outer Continental Shelf; oil, gas, and sulphur operations: Southern Nuclear Operating Co., Inc., 34880 Tracts offered for sale; high bids, acceptance or rejection; time period extension, 34730–34732 Office of Management and Budget See Management and Budget Office National Bankruptcy Review Commission NOTICES Office of the United States Trade Representative Meetings, 34880 See Trade Representative, Office of the United States Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Contents VII

Patent and Trademark Office Trade Representative, Office of the United States NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Determination under section 305 of the Trade Agreements Trademark Affairs Public Advisory Committee, 34801– Act of 1979, 35082 34802 Transportation Department Pension and Welfare Benefits Administration See Coast Guard NOTICES See Federal Aviation Administration Agency information collection activities: See Federal Highway Administration Proposed collection; comment request, 34879 See Maritime Administration Meetings: See Surface Transportation Board Employee Welfare and Pension Benefit Plans Advisory RULES Aviation economic regulations: Council, 34880 Technical amendments, 34724–34726 Organization, functions, and authority delegations: Personnel Management Office Commandant, Coast Guard, 34745 RULES Pay under General Schedule: Treasury Department Locality-based comparability payments— See Internal Revenue Service Interim geographic adjustments; termination, 34713– 34714 NOTICES Meetings: Separate Parts In This Issue Federal Salary Council, 34911 Part II Commerce Department, National Oceanic and Atmospheric Presidential Documents Administration, 34930–34964 ADMINISTRATIVE ORDERS Germany; delegation of authority to identify Germany Part III under title VII and modify or restrict title VII trade Commerce Department, National Oceanic and Atmospheric action taken against, 35079 Administration, 34966–35011

Public Health Service Part IV See Centers for Disease Control and Prevention Housing and Urban Development Department, 35014 See Food and Drug Administration See Health Resources and Services Administration Part V See National Institutes of Health Housing and Urban Development Department, 35022–35040

Rural Utilities Service Part VI NOTICES Environmental Protection Agency, 35042–35054 Grants and cooperative agreements; availability, etc.: Distance learning and telemedicine program; correction, Part VII 34927 Transportation Department, Federal Aviation Administration, 35056–35062 Securities and Exchange Commission Part VIII NOTICES Transportation Department, Coast Guard, 35064–35076 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 34911 Government Securities Clearing Corp., 34912 Part IX National Association of Securities Dealers, Inc., 34915 The President, 35079 Pacific Stock Exchange, Inc., 34917–34918 Part X Office of the United States Trade Representative, 35082 Small Business Administration NOTICES Disaster loan areas: Indiana, 34919 Reader Aids Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in Surface Transportation Board the Reader Aids section at the end of this issue. NOTICES Railroad services abandonment: Burlington Northern Railroad Co., 34925 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Textile Agreements Implementation Committee numbers, Federal Register finding aids, and a list of See Committee for the Implementation of Textile documents on public inspection is available on 202–275– Agreements 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 46 CFR Administrative Orders: 111...... 34927 Presidential Determinations: 47 CFR No. 96±36 of June 28, 73 (5 documents) ...... 34743 1996 ...... 35079 34744 5 CFR Proposed Rules: 530...... 34713 73 (2 documents) ...... 34784 531...... 34713 34785 534...... 34713 49 CFR 550...... 34713 1...... 34745 575...... 34713 581...... 34713 50 CFR 582...... 34713 622...... 34930 630...... 34713 625...... 34966 630...... 34746 7 CFR 638...... 34930 868...... 34714 641...... 34930 9 CFR 642...... 34785 645...... 34930 Proposed Rules: 646...... 34930 11...... 34747 647...... 34930 391...... 34747 650...... 34966 12 CFR 651...... 34966 652...... 34966 Proposed Rules: 653...... 34930 218...... 34749 655...... 34966 250...... 34749 657...... 34966 327...... 34751 658...... 34930 14 CFR 659...... 34930 25...... 34716 669...... 34930 39...... 34718 670...... 34930 71 (5 documents) ...... 34720 697...... 34746 34721, 34722, 34723 Proposed Rules: 121...... 34927 642...... 34785 135...... 34927 211...... 34724 213...... 34724 Proposed Rules: 25...... 35056 39...... 34767 71...... 34769 15 CFR 902 (2 documents) ...... 34930, 34966 21 CFR 452...... 34726 520...... 34727 522...... 34727 529...... 34727 558...... 34727 24 CFR 203...... 35014 206...... 35014 28 CFR 42...... 34729 Proposed Rules: 31...... 34770 30 CFR 256...... 34730 33 CFR 164...... 35064 334...... 34732 Proposed Rules: 154...... 34775 155...... 34775 40 CFR 70...... 34733 180 (2 documents) ...... 34739 34741 Proposed Rules: 80...... 34775 90...... 34778 34713

Rules and Regulations Federal Register Vol. 61, No. 129

Wednesday, July 3, 1996

This section of the FEDERAL REGISTER and an 8.15-percent comparability suspended during the temporary contains regulatory documents having general payment for the Los Angeles-Riverside- promotion or reassignment. The applicability and legal effect, most of which Orange County, CA, locality pay area for employee’s entitlement to the continued are keyed to and codified in the Code of 1996. Since the comparability payments rate resumes as if never interrupted Federal Regulations, which is published under exceeded the 8-percent IGA previously upon return to his or her permanent 50 titles pursuant to 44 U.S.C. 1510. established for these areas, the position, as long as the employee is The Code of Federal Regulations is sold by President’s Executive Order 12984 of otherwise eligible to receive that rate. A the Superintendent of Documents. Prices of December 28, 1995, included no IGA continued rate that is resumed must new books are listed in the first FEDERAL pay schedules. This had the effect of include any pay adjustments authorized REGISTER issue of each week. terminating the IGA’s for the New York for the permanent position during the and Los Angeles IGA areas. (Executive period of the temporary promotion or Order 12944 of December 29, 1994, reassignment, as provided in 5 CFR OFFICE OF PERSONNEL previously terminated IGA’s for the San 531.703(e). MANAGEMENT Francisco-Oakland-San Jose, CA IGA This revision is the only change being area because the comparability payment made in the interim regulations. All 5 CFR Parts 530, 531, 534, 550, 575, for that area exceeded 8 percent in other provisions of the interim 581, 582, and 630 January 1995.) regulations are adopted as final. As a result of the termination of RIN 3206±AH09 Regulatory Flexibility Act IGA’s, the interim rule removed 5 CFR Pay Under the General Schedule; part 531, subpart A, ‘‘Interim I certify that these regulations will not Termination of Interim Geographic Geographic Adjustments.’’ However, have a significant economic impact on Adjustments because some employees in the former a substantial number of small entities IGA areas will continue to receive because they will apply only to Federal AGENCY: Office of Personnel ‘‘continued rates of pay’’ (a form of agencies and employees. Management. saved pay established in January 1994 ACTION: Final rule. List of Subjects in 5 CFR Parts 530, 531, for employees who previously received 534, 550, 575, 581, 582, and 630 SUMMARY: The Office of Personnel an IGA on top of a worldwide or nationwide special rate), the provisions Administrative practice and Management is issuing final regulations procedure, Alimony, Child support, to implement the termination of interim previously found in subpart A concerning the administration of Claims, Government employees, geographic adjustments (IGA’s) payable Hospitals, Law enforcement officers, to certain Federal employees. The IGA’s continued rates of pay were retained in a new subpart G of part 531. The interim Reporting and recordkeeping were terminated because the locality- requirements, Students, and Wages. based comparability payments the regulations also made conforming President authorized for January 1996 changes in other parts of the regulations Office of Personnel Management. exceeded 8 percent in both of the two to reflect the termination of IGA’s. James B. King, remaining IGA areas (New York- The 60-day comment period for the Director. Northern New Jersey-Long Island, NY– interim regulations ended on April 1, 1996. OPM received comments by Accordingly, the interim rule NJ–CT–PA, and Los Angeles-Riverside- amending parts 530, 531, 534, 550, 575, Orange County, CA). telephone from one agency asking for clarification of 5 CFR 531.703(i). Section 581, 582, and 630 of title 5, Code of EFFECTIVE DATE: August 2, 1996. 531.703(i) provides that an employee’s Federal Regulations, which was FOR FURTHER INFORMATION CONTACT: entitlement to a continued rate of pay is published at 61 FR 3539 on February 1, Jeanne D. Jacobson, (202) 606–2858 or not affected by a temporary promotion 1996, is adopted as final with the FAX: (202) 606–0824. or temporary reassignment. The agency following change: SUPPLEMENTARY INFORMATION: On felt this provision could be interpreted PART 531ÐPAY UNDER THE February 1, 1996, the Office of incorrectly to provide entitlement to GENERAL SCHEDULE Personnel Management (OPM) continued pay during temporary published interim regulations (61 FR promotions or reassignments when such 1. The authority citation for part 531 3539) to implement the termination of assignments involve one of the actions continues to read as follows: IGA’s. IGA’s were terminated because that ordinarily terminate continued pay, Authority: 5 U.S.C. 5115, 5307, and 5338; the locality-based comparability such as when an employee’s official sec. 4 of Pub. L. 103–89, 107 Stat. 981 and payments the President authorized for duty station is no longer located in one E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., January 1996 exceeded 8 percent in both of the IGA areas. OPM agrees. p. 316; of the two remaining IGA areas (New We have revised 5 CFR 531.703(i) in Subpart B also issued under 5 U.S.C. York-Northern New Jersey-Long Island, the final regulations to provide that an 5303(g), 5333, 5334(a), and 7701(b)(2); NY–NJ–CT–PA, and Los Angeles- employee’s entitlement to a continued Subpart C also issued under 5 U.S.C. 5304, Riverside-Orange County, CA). rate of pay is not affected by a 5305, and 5553; sections 302 and 404 of FEPCA, Pub. L. 101–509, 104 Stat. 1462 and The President’s alternative pay plan temporary promotion or temporary 1466; and section 3(7) of Pub. L. 102–378, of August 31, 1995, provided an 8.05- reassignment, unless such assignments 106 Stat. 1356; percent comparability payment for the cause one of the conditions in 5 CFR Subpart D also issued under 5 U.S.C. New York-Northern New Jersey-Long 531.703(g) to be satisfied. In such 5335(g) and 7701(b)(2); Island, NY–NJ–CT–PA, locality pay area situations, the continued rate is Subpart E also issued under 5 U.S.C. 5336; 34714 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Subpart F also issued under 5 U.S.C. 5304, EFFECTIVE DATE: August 2, 1996. Background 5305(g)(1), and 5553; and E.O. 12883, 58 FR FOR FURTHER INFORMATION CONTACT: 63281, 3 CFR, 1993 Comp., p. 682; On January 11, 1996, FGIS proposed Subpart G also issued under 5 U.S.C. 5304, George Wollam, USDA–GIPSA, Room in the Federal Register (61 FR 1013) to 5305, and 5553; section 302 of the Federal 0623—South Building, 1400 increase fees charged for Federal Rice Employees Pay Comparability Act of 1990 Independence Avenue, SW, Inspection Services. The rice inspection (FEPCA), Pub. L. 101–509, 104 Stat. 1462; Washington, D.C., 20090–6454, fees were last amended on January 1, and E.O. 12786, 56 FR 67453, 3 CFR, 1991 telephone (202) 720–0292. 1995 (56 FR 15483). They presently Comp., p. 376. SUPPLEMENTARY INFORMATION: appear in § 868.91 in Tables 1 and 2 of the regulations (7 CFR 868.91 (Tables 1 Subpart GÐContinued Rates of Pay Executive Order 12866 and 2)). Since publication of the 2. In § 531.703, paragraph (i) is This rule has been determined to be proposed rule, FY 96 cost and revenue revised to read as follows: significant for the purposes of Executive information has become available and Order 12866 and, therefore, has been has been included in the discussion § 531.703 Administration of continued reviewed by the Office of Management herein. rates of pay. and Budget. This increase in the service FGIS continually monitors its cost, * * * * * fees is necessary to recover operating revenue, and operating reserve levels to (i) An employee’s entitlement to a losses in the Federal Rice Inspection ensure that there are sufficient resources continued rate of pay is not affected by Services. These fees were last increased for operations. During FYs 1993, 1994, a temporary promotion or temporary on January 1, 1995 56 FR 15483), but and 1995, respectively, FGIS reassignment, except that a continued revenue is still not covering operating implemented cost-saving measures in an rate shall be suspended when a costs. The overall cost of operating the effort to provide more cost effective temporary promotion or reassignment Federal Rice Inspection Service program services. However, while the quantity of causes one of the conditions in increased between fiscal years (FY) 1994 rice inspections may fluctuate, certain paragraph (g) of this section to be and 1995 by more than 6 percent. In FY FGIS costs remain constant. satisfied. In such situations, an 1955, the program generated revenue of Consequently, revenues ($3,758,893; employee’s entitlement to continued $3,982,744 with operating costs of $3,500,597; $3,982,744) did not cover pay will resume as if never interrupted $4,274,733, resulting in a 1-year operating costs ($3,847,762; $4,022,194; upon return to the permanent position, operating loss of $291,990. and $4,274,733) for FYs 1993, 1994, and subject to the requirements of this 1995, respectively. This reflects a subpart. A continued rate that is Executive Order 12778 reduction in operating reserves for all resumed shall include any pay This final rule has been reviewed three fiscal years. adjustments that were authorized for the under Executive Order 12778, Civil At the time of the publication of the permanent position under paragraph (e) Justice Reform. This action is not proposed rule, FY 94 offered the most of this section during the period of the intended to have a retroactive effect. current 1-year figures available to temporary promotion or reassignment. This final rule will not preempt any compare FGIS’ rice inspection operating [FR Doc. 96–16942 Filed 7–2–96; 8:45 am] State or local laws, regulations, or costs with revenue. The figures for this year were used to project the budgeted BILLING CODE 6325±01±M policies unless they present irreconcilable conflict with this rule. FY 95 rice inspection operating costs There are no administrative procedures and establish revenue levels necessary to cover projected operating costs. DEPARTMENT OF AGRICULTURE which must be exhausted prior to any judicial challenge to provisions of this During the period of October 1, 1994, to Grain Inspection, Packers and rule. July 31, 1995, the actual operating cost Stockyards Administration was $3,760,305 and revenue was Effect on Small Entities $3,438,683, resulting in a reduction in 7 CFR Part 868 James R. Baker, Administrator, operating reserves of $321,667. GIPSA, has determined that this final Since the publication of the proposed RIN 0580±AA47 rule will not have a significant rule, FY 95 offers the most current 1- Fees for Rice Inspection economic impact on a substantial year figures available to compare FGIS’ number of small entities as defined in rice inspection operating costs with AGENCY: Grain Inspection, Packers and the Regulatory Flexibility Act (5 U.S.C. revenue. The figures for FY 95 used to Stockyards Administration, USDA. 601 et seq.) because most users of the project the budgeted FY 96 rice ACTION: Final rule. rice inspection services do not meet the inspection operating costs and establish requirements for small entities. In revenue levels necessary to cover those SUMMARY: The Federal Grain Inspection addition, GIPSA is required by statute to projected costs confirms the trend Service (FGIS), of the Grain Inspection, recover the costs of providing rice toward reducing operating reserves. Packers and Stockyards Administration inspection services. From October 1, 1994, to September 30, (GIPSA) is increasing the fees for 1995, the actual operating cost was Federal Rice Inspection Services, as Information Collection and Record $4,274,733 and revenue was $3,982,744, performed under the Agricultural Keeping Requirements resulting in a reduction in operating Marketing Act (AMA) of 1946. This fee In compliance with the Paperwork reserves of $291,990. increase is intended to cover, as nearly Reduction Act of 1980 (44 U.S.C. The trend, as reflected in FY 94 to FY as practicable, the projected operating Chapter 35), the information collection 95 data, is expected to continue. This costs, including related supervisory and and recordkeeping requirements overall trend necessitates an increase in administrative costs, for Federal Rice concerning applications for official fees and an increase to the per-hundred- Inspection Services rendered and to inspection services, including rice weight volume charge for services generate sufficient revenues to cover inspections, have been approved by the performed at export port locations on costs and maintain an appropriate Office of Management and Budget under lots at rest in order to recover the operating reserve. control number 0580–0013. projected operating costs and maintain Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34715 a 3-month operating reserve. As of increases allows the rice industry time implemented. These incremental September 30, 1995, the reserve was at to adjust their operations to the increases will lessen the impact of the a level of negative $1,089,741. increased fees. We will propose the amount of increase required to replenish In fiscal year 1995, FGIS reduced second option at a later date when we retained earnings to appropriate levels. costs to the rice program by closing and/ have had a chance to evaluate the FGIS will review its costs, revenue, or reducing field offices to suboffices. operation of a current proposal to and operating reserve levels to ensure Two field offices were reduced to reform the Grain Inspection and that the fee increases scheduled for suboffices and one field office was Weighing. That proposal, under the calendar years 1997 and 1998 are closed entirely. The estimated savings United States Grain Standards Act will required at the levels specified. FGIS, as from these measures is $220,000 over change the methodology in fee the fee increases are implemented, will two years. FGIS believes that actions collection from the current system, an review the level of the operational taken to this point represent an hourly rate basis, to a combination of reserve and if available funds exceed appropriate balance between running an reduced hourly rates, more contract what is needed to maintain a reasonable efficient operation and providing a high options, and per metric ton reserve, we will consider proposing a level of service to our customers. administrative charge to recover reduction in fees. In the event that a However, we will continue to seek out obligations. change in the fees appears necessary, further cost savings that do not Comment Review FGIS will engage in rulemaking before compromise our service. In addition, making any changes. numerous talks were held with rice FGIS received no comments during industry trade groups outlining FGIS’ the 30-day comment period. List of Subjects in 7 CFR Part 868 intention of increasing fees. Industry Final Action Administrative practice and realized the need for the increase. procedure, Agricultural commodities. Section 203 of the AMA (7 U.S.C. Alternatives Considered 1622) provides for the establishment For reasons set out in the preamble, FGIS considered several options to and collection of fees that are reasonable 7 CFR Part 868 is amended as follows: the final fees. It considered: (1) a and, as nearly as practicable, cover the straight 14 percent increase in fees and costs of the services rendered. These PART 868ÐGENERAL REGULATIONS (2) reforming the current system of fees fees cover the FGIS administrative and AND STANDARDS FOR CERTAIN to gather revenue in a manner less supervisory costs for the performance of AGRICULTURAL COMMODITIES dependent upon seasonal shifts, and (3) official services, including personnel 1. The authority citation for Part 868 incremental increases of fees. The third compensation, personnel benefits, continues to read as follows: alternative was selected. It was decided travel, rent, communications, utilities, to propose three incremental six percent contractual services, supplies, and Authority: Secs. 202–208, 60 Stat. 1087, as fee increases, the first increase to be equipment. amended (7 U.S.C. 1621 et. seq.) implemented May 1, 1996, second on Section 868.91, Tables 1 and 2 (as 2. Section 868.91 is revised to read as January 1, 1997, and third on January 1, currently shown in section 868.91, follows: 1998. This alternative was selected for Tables 1 and 2 of the regulations), are several reasons: the negative balance in revised to provide for the increase in § 868.91 Fees for Certain Federal Rice retained earnings requires the increases rice inspection fees. A 3-stage increase Inspection Services. be implemented in a more timely plan to raise hourly rates and unit fees The fees shown in Tables 1 and 2 manner; the trade is familiar with by approximately 6 percent per year for apply to Federal Rice Inspection incremental increases and incremental calendar years 1996, 1997, and 1998 is Services.

TABLE 1.ÐHOURLY RATES/UNIT RATE PER CWT [Fees for Federal Rice Inspection Services]

Regular Work- Nonregular 1 Workday Service day (Monday± (Sunday± Saturday) Holiday)

Effective August 2, 1996 Contract (per hour per Service representative) ...... $35.80 ...... $49.80 Noncontract (per hour per Service representative) ...... 43.50 ...... 60.50 Export Port Services 2 ...... 042/CWT ...... 042/CWT Effective January 1, 1997 Contract (per hour per Service representative) ...... 37.90 ...... 52.80 Noncontract (per hour per Service representative) ...... 46.10 ...... 64.10 Export Port Services 2 ...... 045/CWT ...... 045/CWT Effective January 1, 1998 Contract (per hour per Service representative) ...... 40.20 ...... 56.00 Noncontract (per hour per Service representative) ...... 48.90 ...... 67.90 Export Port Services 2 ...... 048/CWT ...... 048/CWT 1 Original and appeal inspection services include: Sampling, grading, weighing, and other services requested by the applicant when performed at the applicant's facility. 2 Services performed at export port locations on lots at rest. 34716 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

TABLE 2.ÐUNIT RATES

Brown rice Service 1 3 Rough rice for process- Milled rice ing

Effective August 2, 1996 Inspection for quality (per lot, sublot, or sample inspection ...... $29.20 $25.30 $18.00 Factor analysis for any single factor (per factor): (a) Milling yield (per sample) ...... 22.70 22.70 ...... (b) All other factors (per factor) ...... 10.80 10.80 10.80 Total oil and free fatty acid ...... 35.40 35.40 Interpretive line samples:2 ...... (a) Milling degree (per set) ...... 75.80 (b) Parboiled light (per sample) ...... 19.00 Extra copies of certificates (per copy) ...... 3.00 3.00 3.00 Effective January 1, 1997 Inspection for quality (per lot, sublot, or sample inspection) ...... 31.00 26.80 19.10 Factor analysis for any single factor (per factor): (a) Milling yield (per sample) ...... 24.10 24.10 ...... (b) All other factors (per factor) ...... 17.40 11.40 11.40 Total oil and free fatty acid ...... 37.50 37.50 Interpretive line samples: 2 ...... (a) Milling degree (per set) ...... 80.30 (b) Parboiled light (per sample) ...... 20.10 Extra copies of certificates (per copy) ...... 3.00 3.00 3.00 Effective January 1, 1998 Inspection for quality (per lot, sublot, or sample inspection) ...... 32.90 28.40 20.20 Factor analysis for any single factor (per factor): (a) Milling yield (per sample) ...... 25.50 25.50 ...... (b) All other factors per factor): ...... 12.10 12.10 12.10 Total oil and free fatty acid ...... 39.80 39.80 Interpretive line samples: 2 (a) Milling degree (per set) ...... 85.10 (b) Parboiled light (per sample) ...... 21.30 Extra copies of certificates (per copy) ...... 3.00 3.00 3.00 1 Fees apply to determinations (original or appeals) for kind, class, grade, factor analysis, equal to type, milling yield, or any other quality des- ignation as defined in the U.S. Standards for Rice or applicable instructions, whether performed singly or in combination at other than at the ap- plicant's facility. 2 Interpretive line samples may be purchased from the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administra- tion; Technical Services Division; Board of Appeals and Review; FGIS Technical Center, 10383 North Executive Hills Boulevard, Kansas City, MO 64153±1394. Interpretive line samples also are available for examination at selected FGIS field offices. A list of field offices may be obtained from the Deputy Director, Field Management Division, USDA, GIPSA, FGIS, P.O. Box 96454, Washington, DC 20090±6454. The interpretive line samples illustrate the lower limit for milling degrees only and the color limit for the factor ``Parboiled Light'' rice. 3 Fees for other services not referenced in Table 2 will be based on the noncontract hourly rate listed in Section 868.90, Table 1.

Dated: June 27, 1996. and S550 airplanes. These airplanes, as Renton, Washington, 98055–4056; or Michael V. Dunn, modified by Columbia Avionics, Inc., delivered in duplicate to the Office of Assistant Secretary, Marketing and utilize new avionics/electronic systems, the Assistant Chief Counsel at the above Regulatory Programs. such as an electronic flight information address. Comments must be marked: [FR Doc. 96–16993 Filed 7–2–96; 8:45 am] system (EFIS), which perform critical Docket No. NM–127. Comments may be BILLING CODE 3410±EN±M functions. The applicable regulations do inspected in the Rules Docket not contain adequate or appropriate weekdays, except Federal holidays, safety standards for the protection of between 7:30 a.m. and 4:00 p.m. DEPARTMENT OF TRANSPORTATION these systems from the effects of high- FOR FURTHER INFORMATION CONTACT: intensity radiated fields (HIRF). These Mark Quam, FAA, Standardization Federal Aviation Administration special conditions contain the Branch, ANM–113, Transport Airplane additional safety standards that the Directorate, Aircraft Certification 14 CFR Part 25 Administrator considers necessary to Service, 1601 Lind Avenue SW., [Docket No. NM±127; Special Conditions establish a level of safety equivalent to Renton, Washington, 98055–4056; No. 25±ANM±117] that established by the existing telephone (206) 227–2145; facsimile airworthiness standards. (206) 227–1149. Special Conditions: Cessna Model 500, DATES: The effective date of these SUPPLEMENTARY INFORMATION: 550, and S550 Airplanes; High- special conditions is June 20, 1996. Intensity Radiated Fields Comments must be received on or Comments Invited AGENCY: Federal Aviation before August 2, 1996. The FAA has determined that good Administration, DOT. ADDRESSES: Comments on these special cause exists for making these special ACTION: Final special conditions; request conditions may be mailed in duplicate conditions effective upon issuance; for comments. to: Federal Aviation Administration, however, interested persons are invited Office of the Assistant Chief Counsel, to submit such written data, views, or SUMMARY: These special conditions are Attn: Rules Docket (ANM–7), Docket arguments as they may desire. issued for the Cessna Model 500, 550, No. NM–127, 1601 Lind Avenue SW., Communications should identify the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34717 regulatory docket and special condition If the Administrator finds that the digital avionics systems, such as the number and be submitted in duplicate applicable airworthiness regulations EFIS, to HIRF must be established. to the address specified above. All (i.e., part 25, as amended) do not It is not possible to precisely define communications received on or before contain adequate or appropriate safety the HIRF to which the airplane will be the closing date for comments will be standards for the Cessna Model 500, exposed in service. There is also considered by the Administrator. These 550, and S550 series airplanes because uncertainty concerning the effectiveness special conditions may be changed in of a novel or unusual design feature, of airframe shielding for HIRF. light of the comments received. All special conditions are prescribed under Furthermore, coupling of comments submitted will be available in the provisions of § 21.16 to establish a electromagnetic energy to cockpit- the Rules Docket for examination by level of safety equivalent to that installed equipment through the cockpit interested persons, both before and after established in the regulations. window apertures is undefined. Based the closing date for comments. A report Special conditions, as appropriate, are on surveys and analysis of existing HIRF summarizing each substantive public issued in accordance with 14 CFR emitters, an adequate level of protection contact with FAA personnel concerning § 11.49 after public notice, as required exists when compliance with the HIRF this rulemaking will be filed in the by §§ 11.28 and 11.29(b), and become protection special condition is shown docket. Persons wishing the FAA to part of the type certification basis in with either paragraphs 1 OR 2 below: acknowledge receipt of their comments accordance with § 21.101(b)(2). 1. A minimum threat of 100 volts per submitted in response to this request Special conditions are initially meter peak electric field strength from must submit with those comments a applicable to the model for which they 10 KHz to 18 GHz. self-addressed, stamped postcard on are issued. Should the applicant apply a. The threat must be applied to the which the following statement is made: for a supplemental type certificate to system elements and their associated ‘‘Comments to Docket No. NM–127.’’ modify any other model included on the wiring harnesses without the benefit of The postcard will be date stamped and same type certificate to incorporate the airframe shielding. returned to the commenter. same novel or unusual design feature, b. Demonstration of this level of Background the special conditions would also apply protection is established through system to the other model under the provisions tests and analysis. On April 8, 1996, Columbia Avionics, of § 21.101(a)(1). 11200 Airport Road, Columbia, MO 2. A threat external to the airframe of 65201, applied for a Supplemental Type Novel or Unusual Design Features the following field strengths for the Certificate (STC) to modify Cessna 500, The Cessna Model 500, 550, and S550 frequency ranges indicated. 550, and S550 airplanes to incorporate airplanes incorporate new avionics/ Peak Average the installation of an electronic flight electronic systems, such as the Frequency (V/M) (V/M) instrument system (EFIS). The airplanes electronic flight instrument system are pressurized, executive transport (EFIS), that perform critical functions. 10 KHz±100 KHz ...... 50 50 airplanes powered by two fuselage- These systems may be vulnerable to 100 KHz±500 KHz ...... 60 60 mounted turbofan engines. high-intensity radiated fields (HIRF) 500 KHz±2 MHz ...... 70 70 external to the airplane. 2 MHz±30 MHz ...... 200 200 Supplemental Type Certification Basis 30 MHz±100 MHz ...... 30 30 Under the provisions of § 21.101 of 14 Discussion 100 MHz±200 MHz ...... 150 33 CFR part 21, Columbia Avionics must There is no specific regulation that 200 MHz±400 MHz ...... 70 70 show that the modified Cessna 500, 550, 400 MHz±700 MHz ...... 4,020 935 addresses protection requirements for 700 MHz±1 GHz ...... 1,700 170 and S550 airplanes continue to meet the electrical and electronic systems from applicable provisions of the regulations 1 GHz±2 GHz ...... 5,000 990 HIRF. Increased power levels from 2 GHz±4 GHz ...... 6,680 840 incorporated by reference in Type ground-based radio transmitters and the 4 GHz±6 GHz ...... 6,850 310 Certificate A22CE, or the applicable growing use of sensitive electrical and 6 GHz±8 GHz ...... 3,600 670 regulations in effect on the date of electronic systems to command and 8 GHz±12 GHz ...... 3,500 1,270 application for the change. The control airplanes have made it necessary 12 GHz±18 GHz ...... 3,500 360 regulations incorporated by reference in to provide adequate protection. 18 GHz±40 GHz ...... 2,100 750 the type certificate are commonly To ensure that a level of safety is referred to as the ‘‘original type achieved equivalent to that intended by As discussed above, these special certification basis.’’ The regulations the regulations incorporated by conditions are applicable to the Cessna incorporated by reference in TC A22CE reference, a special condition is needed Model 500, 550, and S550 airplanes, as include the following for the Cessna for the Cessna Model 500, 550, and modified by Columbia Avionics, Inc. 500, 550 and S550 series: 14 CFR part S550, as modified by Columbia Should Columbia Avionics apply at a 25, dated February 1, 1965, as amended Avionics, which requires that new later date for a supplemental type by Amendments 25–1 through 25–17, electrical and electronic systems, such certificate to modify any other model and §§ 25.934 and 25.1091(d)(2), as as the EFIS, that perform critical included on Type Certificate No. A22CE amended through Amendment 25–23. In functions be designed and installed to to incorporate the same novel or addition, under § 21.101(b)(1), the preclude component damage and unusual design feature, this special following regulations apply to the EFIS interruption of function due to both the condition would apply to that model as installation: §§ 25.1303, 25.1305, and direct and indirect effects of HIRF. well, under the provisions of 25.1322, as amended by Amendment § 21.101(a)(1). 25–38; §§ 25.1309, 25.1321 (a), (b), (d), High-Intensity Radiated Fields (HIRF) Conclusion and (e), 25.1331, 25.1333, and 25.1335, With the trend toward increased as amended by Amendment 25–41; and power levels from ground-based This action affects only certain design § 25.1316, as amended by Amendment transmitters, plus the advent of space features on the Cessna Model 500, 550, 25–80. These special conditions form an and satellite communications, coupled and S550 airplanes. It is not a rule of additional part of the type certification with electronic command and control of general applicability and affects only basis. the airplane, the immunity of critical the applicant who applied to the FAA 34718 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations for approval of these features on the Issued in Renton, Washington, in June 20, Washington; or at the Office of the airplane. 1996. Federal Register, 800 North Capitol The substance of the special Gary L. Killion, Street, NW., suite 700, Washington, DC. conditions for this airplane has been Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Directorate, Aircraft Certification Service, Ruth E. Harder, Aerospace Engineer, subject to the notice and comment ANM–100. procedure in several prior instances and Standardization Branch, ANM–113, [FR Doc. 96–16959 Filed 7–2–96; 8:45 am] FAA, Transport Airplane Directorate, has been derived without substantive BILLING CODE 4910±13±M 1601 Lind Avenue, SW., Renton, change from those previously issued. It Washington 98055–4056; telephone is unlikely that prior public comment (206) 227–1721; fax (206) 227–1149. would result in a significant change 14 CFR Part 39 SUPPLEMENTARY INFORMATION: A from the substance contained herein. [Docket No. 95±NM±253±AD; Amendment proposal to amend part 39 of the Federal For this reason, and because a delay 39±9675; AD 96±13±07] Aviation Regulations (14 CFR part 39) would significantly affect the by superseding AD 92–19–07, RIN 2120±AA64 certification of the airplane, which is amendment 39–8365 (57 FR 42693, imminent, the FAA has determined that Airworthiness Directives; Fokker September 16, 1992), which is prior public notice and comment are Model F27 Mark 100, 200, 300, 400, 500, applicable to all Fokker Model F27 unnecessary and impracticable, and 600, and 700 Series Airplanes Mark 100, 200, 300, 400, 500, 600, and good cause exists for adopting these 700 series airplanes, was published in special conditions immediately. AGENCY: Federal Aviation the Federal Register on April 10, 1996 Therefore, these special conditions are Administration, DOT. (61 FR 15906). The action proposed to being made effective upon issuance. The ACTION: Final rule. supersede AD 92–19–07 to continue to FAA is requesting comments to allow require a program of supplemental interested persons to submit views that SUMMARY: This amendment supersedes structural inspections (SIP) to detect may not have been submitted in an existing airworthiness directive (AD), fatigue cracks, and repair or response to the prior opportunities for applicable to all Fokker Model F27 replacement, as necessary. The action comment described above. Mark 100, 200, 300, 400, 500, 600, and also proposed to add and revise certain 700 series airplanes, that currently significant structural items (SSI) for List of Subjects in 14 CFR Part 25 requires supplemental structural which inspection and repair or inspections to detect fatigue cracks, and replacement is necessary. Aircraft, Aviation safety, Reporting repair or replacement, as necessary, to Interested persons have been afforded and recordkeeping requirements. ensure the continued airworthiness of an opportunity to participate in the The authority citation for this special these airplanes. This amendment adds making of this amendment. Due condition is as follows: and revises certain significant structural consideration has been given to the items for which inspection and repair or single comment received. Authority: 49 U.S.C. 106(g), 40113, 44701, replacement is necessary. This 44702, 44704. amendment is prompted by a structural Support for the Proposal The Special Conditions re-evaluation conducted by the The commenter supports the manufacturer, which identified proposed rule. Accordingly, pursuant to the additional structural elements where Conclusion authority delegated to me by the fatigue damage is likely to occur. The Administrator, the following special actions specified by this AD are After careful review of the available conditions are issued as part of the type intended to prevent reduced structural data, including the comment noted certification basis for Cessna Model 500, integrity of these airplanes. above, the FAA has determined that air safety and the public interest require the 550, and S550 airplanes, as modified by DATES: Effective August 6, 1996. adoption of the rule with as proposed. Columbia Avionics, Inc. The incorporation by reference of 1. Protection from Unwanted Effects Fokker SIP Product Support Document Cost Impact of High-Intensity Radiated Fields 27438, Part 1, including revisions up There are approximately 34 Fokker (HIRF). Each electrical and electronic through August 1, 1995, as listed in the Model F27 Mark 100, 200, 300, 400, regulations is approved by the Director system that performs critical functions 500, 600, and 700 series airplanes of of the Federal Register as of August 6, must be designed and installed to U.S. registry that will be affected by this 1996. AD. ensure that the operation and The incorporation by reference of operational capability of these systems The actions that are currently Fokker SIP Document 27438, Part 1, required by AD 92–19–07 take to perform critical functions are not including revisions up through adversely affected when the airplane is approximately 295 work hours per November 1, 1991, as listed in the airplane per year to accomplish, at an exposed to high-intensity radiated regulations, was approved previously by average labor rate of $60 per work hour. fields. the Director of the Federal Register as of Based on these figures, the cost impact 2. For the purpose of this special October 21, 1992 (57 FR 42693). on U.S. operators relative to the condition, the following definition ADDRESSES: The service information requirements of the previously-issued applies: Critical Functions. Functions referenced in this AD may be obtained AD that are retained in this new AD whose failure would contribute to or from Fokker Aircraft USA, Inc., 1199 action is estimated to be $601,800, or cause a failure condition that would North Fairfax Street, Alexandria, $17,700 per airplane, annually. prevent the continued safe flight and Virginia 22314. This information may be The new actions that are required by landing of the airplane. examined at the Federal Aviation this new AD action will take Administration (FAA), Transport approximately 179 additional work Airplane Directorate, Rules Docket, hours per airplane per year to 1601 Lind Avenue, SW., Renton, accomplish, at an average labor rate of Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34719

$60 per work hour. These actions Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Cracked structure detected during the include the implementation of the inspections required by paragraph (a) or (b) 39.13 [Amended] inspections, repairs, or replacements of this AD must be repaired or replaced, prior specified in the revisions to the SIP 2. Section 39.13 is amended by to further flight, in accordance with the Document into an operator’s removing amendment 39–8365 (57 FR instructions in Fokker SIP Document 27438, maintenance program; as well as 42693, September 16, 1992), and by Part 1, including revisions up through removal, inspection, and installation of adding a new airworthiness directive November 1, 1991; or Fokker SIP Product structure. Based on these figures, the (AD), amendment 39–9675, to read as Support Document 27438, Part 1, including cost impact on U.S. operators relative to follows: revisions up through August 1, 1995; the new requirements of this AD is 96–13–07 Fokker: Amendment 39–9675. respectively; or in accordance with other data estimated to be $365,160, or $10,740 per Docket 95–NM–253–AD. Supersedes AD meeting the certification basis of the airplane airplane, the first year and annually 92–19–07, Amendment 39–8365. which is approved by the FAA or by the thereafter. Applicability: All Model F27 Mark 100, Rijksluchtvaartdienst (RLD). The cost impact figures discussed 200, 300, 400, 500, 600, and 700 series (d) An alternative method of compliance or above are based on assumptions that no airplanes, certificated in any category. adjustment of the compliance time that operator has yet accomplished any of Note 1: This AD applies to each airplane provides an acceptable level of safety may be the requirements of this AD action, and identified in the preceding applicability used if approved by the Manager, that no operator would accomplish provision, regardless of whether it has been Standardization Branch, ANM–113, FAA, otherwise modified, altered, or repaired in Transport Airplane Directorate. Operators those actions in the future if this AD the area subject to the requirements of this shall submit their requests through an were not adopted. AD. For airplanes that have been modified, appropriate FAA Principal Maintenance Regulatory Impact altered, or repaired so that the performance of the requirements of this AD is affected, the Inspector, who may add comments and then The regulations adopted herein will owner/operator must request approval for an send it to the Manager, Standardization not have substantial direct effects on the alternative method of compliance in Branch, ANM–113. States, on the relationship between the accordance with paragraph (d) of this AD. Note 3: Information concerning the national government and the States, or The request should include an assessment of existence of approved alternative methods of the effect of the modification, alteration, or on the distribution of power and compliance with this AD, if any, may be responsibilities among the various repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not obtained from the Standardization Branch, levels of government. Therefore, in been eliminated, the request should include ANM–113. accordance with Executive Order 12612, specific proposed actions to address it. (e) Special flight permits may be issued in it is determined that this final rule does Compliance: Required as indicated, unless accordance with sections 21.197 and 21.199 not have sufficient federalism accomplished previously. of the Federal Aviation Regulations (14 CFR implications to warrant the preparation To prevent reduced structural integrity of 21.197 and 21.199) to operate the airplane to of a Federalism Assessment. these airplanes, accomplish the following: a location where the requirements of this AD For the reasons discussed above, I Note 2: Information collection can be accomplished. certify that this action (1) is not a requirements contained in this regulation (f) Certain of the actions shall be done in ‘‘significant regulatory action’’ under have been approved by the Office of accordance with Fokker SIP Document Management and Budget (OMB) under the Executive Order 12866; (2) is not a 27438, Part 1, including revisions up through provisions of the Paperwork Reduction Act of ‘‘significant rule’’ under DOT November 1, 1991. The incorporation by Regulatory Policies and Procedures (44 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120–0056. reference of that document was approved FR 11034, February 26, 1979); and (3) (a) Within 6 months after October 21, 1992 previously by the Director of the Federal will not have a significant economic (the effective date of AD 92–19–07, Register in accordance with 5 U.S.C. 552(a) impact, positive or negative, on a amendment 39–8365), incorporate into the and 1 CFR part 51 as of October 21, 1992 (57 substantial number of small entities FAA-approved maintenance program the FR 42693). Certain other actions shall be under the criteria of the Regulatory inspections, inspection intervals, repairs, or done in accordance with Fokker SIP Product Flexibility Act. A final evaluation has replacements defined in Fokker Structural Support Document 27438, Part 1, including been prepared for this action and it is Integrity Program (SIP) Document 27438, Part revisions up through August 1, 1995. The contained in the Rules Docket. A copy 1, including revisions up through November incorporation by reference of this document 1, 1991; and inspect, repair, and replace, as of it may be obtained from the Rules was approved by the Director of the Federal applicable. The non-destructive inspection Docket at the location provided under techniques referenced in the SIP Document Register in accordance with 5 U.S.C. 552(a) the caption ADDRESSES. provide acceptable methods for and 1 CFR part 51. Copies of either document may be obtained from Fokker Aircraft USA, List of Subjects in 14 CFR Part 39 accomplishing the inspections required by this AD. If any cracking is detected, Inc., 1199 North Fairfax Street, Alexandria, Air transportation, Aircraft, Aviation inspection results must be reported to Fokker Virginia 22314. Copies may be inspected at safety, Incorporation by reference, in accordance with the instructions of the SIP the FAA, Transport Airplane Directorate, Safety. Document. 1601 Lind Avenue, SW., Renton, (b) Within 6 months after the effective date Washington; or at the Office of the Federal Adoption of the Amendment of this AD, incorporate into the FAA- Register, 800 North Capitol Street, NW., suite Accordingly, pursuant to the approved maintenance program the inspections, inspection intervals, repairs, or 700, Washington, DC. authority delegated to me by the replacements defined in Fokker SIP Product (g) This amendment becomes effective on Administrator, the Federal Aviation Support Document 27438, Part 1, including August 6, 1996. Administration amends part 39 of the revisions up through August 1, 1995; and Issued in Renton, Washington, on June 13, Federal Aviation Regulations (14 CFR inspect, repair, and replace, as applicable. 1996. part 39) as follows: The non-destructive inspection techniques referenced in the SIP Document provide James V. Devany, PART 39ÐAIRWORTHINESS acceptable methods for accomplishing the Acting Manager, Transport Airplane DIRECTIVES inspections required by this AD. If any Directorate, Aircraft Certification Service. cracking is detected, inspection results must [FR Doc. 96–15600 Filed 7–2–96; 8:45 am] 1. The authority citation for part 39 be reported to Fokker in accordance with the continues to read as follows: instructions of the SIP Document. BILLING CODE 4910±13±U 34720 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

14 CFR Part 71 airspace. The FAA is establishing a within a 4.3-mile radius of Saipan Class E airspace area to provide International Airport. This Class D airspace [Airspace Docket No. 95±AWP±38] adequate controlled airspace for aircraft area is effective during the specific dates and executing instrument approach times established in advance by a Notice to Establishment of Class D and E Airmen. The effective date and time will Airspace Areas; Saipan Island, CQ operations at Saipan International thereafter be continuously published in the Airport. Airport/Facility Directory, Pacific Chart AGENCY: Federal Aviation The FAA has determined that this Supplement. Administration (FAA), DOT. regulation only involves an established * * * * * ACTION: Final rule. body of technical regulations for which frequent and routine amendments are Paragraph 6004 Class E airspace areas SUMMARY: This rule establishes Class D necessary to keep them operationally designated as an extension to a Class D and Class E airspace areas at the Saipan current. It, therefore—(1) is not a surface area. International Airport, Saipan Island, CQ ‘‘significant regulatory action’’ under * * * * * (Northern Mariana Islands). Due to the Executive Order 12866; (2) is not a AWP CQ E4 Saipan Island, CQ [New] commissioning of an air traffic control ‘‘significant rule’’ under DOT Saipan International Airport, CQ tower (ATCT) at the airport, Class D Regulatory Policies and Procedures (44 ° ′ ′′ ° ′ ′′ airspace is necessary to require pilots to (Lat. 15 07 08 N, long. 145 43 46 E) FR 11034; February 26, 1979); and (3) Saipan RBN establish two-way radio communication does not warrant preparation of a (Lat. 15°06′41′′N, long. 145°42′37′′E) prior to entering the airspace. This regulatory evaluation as the anticipated That airspace extending upward from the action establishes a Class E airspace area impact is so minimal. Since this is a surface within a 4.3-mile radius of Saipan at Saipan Island, CQ, to provide routine matter that will only affect air International Airport and within 2.6 miles adequate controlled airspace for aircraft traffic procedures and air navigation, it each side of the Saipan RBN 264° bearing, executing instrument approach is certified that this rule will not have extending from the 4.3-mile radius to 7.4 operations at Saipan International a significant economic impact on a miles west of the Saipan RBN and within 1.8 ° Airport. substantial number of small entities miles each side of the Saipan RBN 248 radial, extending from the 4.3-mile radius to EFFECTIVE DATE: 0901 UTC, October 10, under the criteria of the Regulatory 7.4 miles west of the Saipan RBN and within 1996. Flexibility Act. 1.8 miles each side of the Saipan RBN 068° FOR FURTHER INFORMATION CONTACT: Because these amendments involve, radial, extending from the 4.3-mile radius to Patricia P. Crawford, Airspace and Rules in part, the designation of navigable 6.5 miles east of the Saipan International Division, ATA–400, Office of Air Traffic airspace outside the United States, the Airport. This Class E airspace area is effective Airspace Management, Federal Aviation Administrator has consulted with the during the specific dates and times Administration, 800 Independence Secretary of State and the Secretary of established in advance by a Notice to Avenue, SW., Washington, DC 20591; Defense in accordance with the Airmen. The effective date and time will telephone: (202) 267–8783. provisions of Executive Order 10854. thereafter be continuously published in the Airport/Facility Directory, Pacific Chart SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 Supplement. History Airspace, Incorporation by reference, * * * * * Navigation (air). Issued in Washington, DC, on June 25, On December 22, 1995, the FAA 1996. proposed to amend Title 14 of the Code Adoption of the Amendment Nancy B. Kalinowski, of Federal Regulations part 71 (14 CFR In consideration of the foregoing, the Acting Program Director for Air Traffic part 71) to establish Class D and E Federal Aviation Administration Airspace Management. airspace areas at Saipan Island, CQ (60 amends 14 CFR part 71 as follows: [FR Doc. 96–17037 Filed 7–2–96; 8:45 am] FR 66529). Interested parties were BILLING CODE 4910±13±P invited to participate in this rulemaking PART 71Ð[AMENDED] proceeding by submitting written 1. The authority citation for part 71 comments on the proposal to the FAA. continues to read as follows: 14 CFR Part 71 No comments objecting to the proposal Authority: 49 U.S.C. 106(g), 40103, 40113, were received. Except for editorial [Airspace Docket No. 94±ASW±10] changes, this amendment is the same as 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389; 14 CFR 11.69. that proposed in the notice. Class D and Alteration of Jet Route J±66 E airspace designations are published in § 71.1 [Amended] paragraphs 5000 and 6004, respectively, 2. The incorporation by reference in AGENCY: Federal Aviation of FAA Order 7400.9C dated August 17, 14 CFR 71.1 of the Federal Aviation Administration (FAA), DOT. 1995, and effective September 16, 1995, Administration Order 7400.9C, Airspace ACTION: Final rule. which is incorporated by reference in 14 Designations and Reporting Points, SUMMARY: This rule alters Jet Route J–66 CFR 71.1. The Class D and E airspace dated August 17, 1995, and effective from the Dallas-Fort Worth, TX, Very designations listed in this document September 16, 1995, is amended as High Frequency Omnidirectional Range/ will be published subsequently in this follows: Order. Tactical Air Navigation (VORTAC), via Paragraph 5000 Class D Airspace the Bonham, TX, VORTAC, to the Little The Rule * * * * * Rock, AR, VORTAC. Altering J–66 This amendment to 14 CFR part 71 AWP CQ D Saipan Island, CQ [New] enhances the flow of air traffic, establishes Class D and E airspace areas simplifies routings in the northeast Saipan International Airport, CQ vicinity of the Dallas-Fort Worth at Saipan Island, CQ. Due to the (Lat. 15°07′08′′N, long. 145°43′46′′E) commissioning of an ATCT at the Saipan RBN metroplex area, and reduces controller airport, Class D airspace is necessary to (Lat. 15°06′41′′N, long. 145°42′37′′E) and pilot workload. require pilots to establish two-way radio That airspace extending upward from the EFFECTIVE DATE: 0901 UTC, October 10, communication prior to entering the surface to and including 2,500 feet MSL 1996. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34721

FOR FURTHER INFORMATION CONTACT: Bil substantial number of small entities ATA–400, Office of Air Traffic Airspace Nelson, Airspace and Rules Division, under the criteria of the Regulatory Management, Federal Aviation ATA–400, Office of Air Traffic Airspace Flexibility Act. Administration, 800 Independence Management, Federal Aviation Avenue, SW., Washington, DC 20591; List of Subjects in 14 CFR Part 71 Administration, 800 Independence telephone: (202) 267–8783. Avenue, SW., Washington, DC 20591; Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: telephone: (202) 267–8783. Navigation (air). History SUPPLEMENTARY INFORMATION: Adoption of the Amendment On November 9, 1993, the FAA History In consideration of the foregoing, the proposed to amend Title 14 of the Code Federal Aviation Administration of Federal Regulations part 71 (14 CFR On March 28, 1995, the FAA amends 14 CFR part 71 as follows: proposed to amend Title 14 of the Code part 71) to establish J–181 located in the of Federal Regulations part 71 (14 CFR PART 71Ð[AMENDED] vicinity of Dallas-Fort Worth, TX (58 FR part 71) to alter J–66 from the Dallas- 59422). Interested parties were invited Fort Worth, TX, VORTAC, to the Little 1. The authority citation for part 71 to participate in this rulemaking Rock, AR, VORTAC (60 FR 15887). continues to read as follows: proceeding by submitting written Interested parties were invited to Authority: 49 U.S.C. 106(g), 40103, 40113, comments on the proposal to the FAA. participate in this rulemaking 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– No comments objecting to the proposal proceeding by submitting written 1963 Comp., p. 389; 14 CFR 11.69. were received. Except for editorial comments on the proposal to the FAA. changes, this amendment is the same as § 71.1 [Amended] No comments objecting to the proposal that proposed in the notice. Jet routes were received. Except for editorial 2. The incorporation by reference in are published in paragraph 2004 of FAA changes, this amendment is the same as 14 CFR 71.1 of the Federal Aviation Order 7400.9C dated August 17, 1995, that proposed in the notice. Jet Routes Administration Order 7400.9C, Airspace and effective September 16, 1995, which are published in paragraph 2004 of FAA Designations and Reporting Points, is incorporated by reference in 14 CFR Order 7400.9C dated August 17, 1995, dated August 17, 1995, and effective 71.1. The jet route listed in this and effective September 16, 1995, which September 16, 1995, is amended as document will be published is incorporated by reference in 14 CFR follows: subsequently in the Order. 71.1. The jet route listed in this Paragraph 2004—Jet Routes The Rule document will be published * * * * * This amendment to 14 CFR part 71 subsequently in the Order. J–66 [Revised] establishes J–181 between the Dallas- Fort Worth, TX, metroplex area and the The Rule From Newman, TX; Abilene, TX; Dallas- Chicago O’Hare, IL, terminal area. This This amendment to 14 CFR part 71 Forth Worth, TX; Bonham, TX; Little Rock, route provides improved en route and alters J–66 from the Dallas-Fort Worth, AR; Memphis, TN; to Rome, GA. arrival traffic flow into the Chicago area. TX, VORTAC, to the Little Rock, AR, * * * * * This action enhances the movement of VORTAC. This rule will alter that Issued in Washington, DC, on June 25, traffic, minimizes air traffic delays, and portion of J–66 within the state of Texas 1996. Nancy B. Kalinowski, reduces the controller workload. from the Dallas-Fort Worth VORTAC, The FAA has determined that this via the Bonham VORTAC, to the Little Acting Program Director for Air Traffic regulation only involves an established Airspace Management. Rock VORTAC. Additionally, the Glove body of technical regulations for which intersection will be established at the [FR Doc. 96–17036 Filed 7–2–96; 8:45 am] frequent and routine amendments are Texarkana 279°T(286°M) and the BILLING CODE 4910±13±U ° ° necessary to keep them operationally Bonham 056 T(064 M) radials to assist current. It, therefore—(1) is not a navigation along J–66. Altering J–66 ‘‘significant regulatory action’’ under 14 CFR Part 71 enhances the flow of air traffic, Executive Order 12866; (2) is not a simplifies routings in the northeast [Airspace Docket No. 93±ASW±3] ‘‘significant rule’’ under DOT vicinity of the Dallas-Fort Worth Regulatory Policies and Procedures (44 metroplex area, and reduces controller Establishment of Jet Route J±181 FR 11034; February 26, 1979); and (3) and pilot workload. does not warrant preparation of a The FAA has determined that this AGENCY: Federal Aviation Administration (FAA), DOT. regulatory evaluation as the anticipated regulation only involves an established impact is so minimal. Since this is a ACTION: Final rule. body of technical regulations for which routine matter that will only affect air frequent and routine amendments are SUMMARY: This rule establishes Jet Route traffic procedures and air navigation, it necessary to keep them operationally is certified that this rule will not have current. It, therefore—(1) is not a 181 (J–181) between the Dallas-Fort Worth, TX, metroplex area and the a significant economic impact on a ‘‘significant regulatory action’’ under substantial number of small entities Executive Order 12866; (2) is not a Chicago O’Hare, IL, terminal area. This route provides improved en route and under the criteria of the Regulatory ‘‘significant rule’’ under DOT Flexibility Act. Regulatory Policies and Procedures (44 arrival traffic flow into the Chicago FR 11034; February 26, 1979); and (3) O’Hare area. This action enhances the List of Subjects in 14 CFR Part 71 does not warrant preparation of a movement of traffic, minimizes air traffic delays, and reduces the controller Airspace, Incorporation by reference, regulatory evaluation as the anticipated Navigation (air). impact is so minimal. Since this is a workload. routine matter that will only affect air EFFECTIVE DATE: 0901 UTC, October 10, Adoption of the Amendment traffic procedures and air navigation, it 1996. In consideration of the foregoing, the is certified that this rule will not have FOR FURTHER INFORMATION CONTACT: Bil Federal Aviation Administration a significant economic impact on a Nelson, Airspace and Rules Division, amends 14 CFR part 71 as follows: 34722 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

PART 71Ð[AMENDED] Regulations part 71 (14 CFR part 71) to PART 71Ð[AMENDED] alter twelve Federal airways located in 1. The authority citation for part 71 the vicinity of Dallas, TX (60 FR 33159). 1. The authority citation for part 71 continues to read as follows: Interested parties were invited to continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, participate in this rulemaking Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proceeding by submitting written 1963 Comp., p. 389; 14 CFR 11.69. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– comments on the proposal to the FAA. 1963 Comp., p. 389; 14 CFR 11.69. § 71.1 [Amended] No comments objecting to the proposal 2. The incorporation by reference in were received. Except for editorial § 71.1 [Amended] changes, this amendment is the same as 14 CFR 71.1 of the Federal Aviation 2. The incorporation by reference in Administration Order 7400.9C, Airspace that proposed in the notice. Domestic VOR Federal airways are published in 14 CFR 71.1 of the Federal Aviation Designations and Reporting Points, Administration Order 7400.9C, Airspace dated August 17, 1995, and effective paragraph 6010(a) of FAA Order 7400.9C dated August 17, 1995, and Designations and Reporting Points, September 16, 1995, is amended as dated August 17, 1995, and effective follows: effective September 16, 1995, which is incorporated by reference in 14 CFR September 16, 1995, is amended as Paragraph 2004 Jet Routes 71.1. The airways listed in this follows: * * * * * document will be published Paragraph 6010(a) Domestic VOR Federal J–181 [New] subsequently in the Order. Airways From Dallas-Fort Worth, TX; Okmulgee, OK; The Rule * * * * * Neosho, MO; INT Neosho 049° and Bradford, IL, 219° radials; to Bradford. This amendment to 14 CFR part 71 V–15 [Revised] * * * * * alters twelve Federal airways located in From Hobby, TX, via Navasota, TX; College Issued in Washington, DC, on June 26, the vicinity of Dallas, TX. The Station, TX; Waco, TX; Cedar Creek, TX; 1996. alterations to the airways surrounding Bonham, TX; Ardmore, OK; Okmulgee, Nancy B. Kalinowski, the Dallas/Fort Worth (DFW) OK, to Neosho, MO. From Sioux City, IA; INT Sioux City 340° and Sioux Falls, SD, Acting Program Director for Air Traffic International Airport, which are 169° radials; Sioux Falls; Huron, SD; Airspace Management. essential to support the Dallas/Fort Aberdeen, SD; Bismarck, ND; to Minot, [FR Doc. 96–17039 Filed 7–2–96; 8:45 am] Worth Metroplex Plan, are necessary because of the decommissioning of the ND. BILLING CODE 4910±13±P existing Bridgeport, Blue Ridge, Scurry V–16 [Revised] and Action VORTAC’s and the From Los Angeles, CA; Paradise, CA; Palm 14 CFR Part 71 commissioning of the Bowie, Bonham, Springs, CA; Blythe, CA; Buckeye, AZ; Cedar Creek and Glen Rose VORTAC’s. Phoenix, AZ; INT Phoenix 155° and [Airspace Docket No. 93±ASW±4] This action enhances the flow of the air Stanfield, AZ, 105° radials; Tucson, AZ; Cochise, AZ; Columbus, NM; El Paso, Alteration of VOR Federal Airways; TX traffic, simplifies routings, increases safety, and reduces pilot/controller TX; Salt Flat, TX; Wink, TX; Wink 066° ° AGENCY: Federal Aviation workload. and Big Spring, TX, 260 radials; Big Administration (FAA), DOT. Spring; Abilene, TX; Millsap, TX; Glen The FAA has determined that this Rose, TX; Cedar Creek, TX; Quitman, TX; ACTION: Final rule. regulation only involves an established Texarkana, AR; Pine Bluff, AR; Holly body of technical regulations for which Springs, MS; Jacks Creek, TN; SUMMARY: This rule alters twelve frequent and routine amendments are Shelbyville, TN; Hinch Mountain, TN; Federal airways located in the vicinity necessary to keep them operationally Volunteer, TN; Holston Mountain, TN; of Dallas, TX. This action, which current. It, therefore—(1) is not a Pulaski, VA; Roanoke, VA; Lynchburg, supports the Dallas/Fort Worth ‘‘significant regulatory action’’ under VA; Flat Rock, VA; Richmond, VA; INT ° ° Metroplex Plan, is necessary due to the Executive Order 12866; (2) is not a Richmond 039 and Patuxent, MD, 228 decommissioning of four Very High ‘‘significant rule’’ under DOT radials; Patuxent; Smyrna, DE; Cedar Lake, NJ; Coyle, NJ; INT Coyle 036° and Frequency Omnidirectional Range/ Regulatory Policies and Procedures (44 Tactical Air Navigation (VORTAC) Kennedy, NY, 209° radials; Kennedy; FR 11034; February 26, 1979); and (3) Deer Park, NY; Calverton, NY; Norwich, facilities and the commissioning of four does not warrant preparation of a new VORTAC’s. In addition, this action CT; Boston, MA. The airspace within regulatory evaluation as the anticipated Mexico and the airspace below 2,000 feet enhances the flow of air traffic, impact is so minimal. Since this is a MSL outside the United States is simplifies routings, increases safety and routine matter that will only affect air excluded. The airspace within Restricted reduces pilot/controller workload. traffic procedures and air navigation, it Areas R–5002A, R–5002C, and R–5002D EFFECTIVE DATE: 0901 UTC, October 10, is certified that this rule will not have is excluded during their times of use. 1996. a significant economic impact on a The airspace within Restricted Areas R– 4005 and R–4006 is excluded. FOR FURTHER INFORMATION CONTACT: Bil substantial number of small entities Nelson, Airspace and Rules Division, under the criteria of the Regulatory V–17 [Revised] ATA–400, Office of Air Traffic Airspace Flexibility Act. From Brownsville, TX, via Harlingen, TX; Management, Federal Aviation List of Subjects in 14 CFR Part 71 McAllen, TX; 29 miles 12 AGL, 34 miles Administration, 800 Independence 25 MSL, 37 miles 12 AGL; Laredo, TX; Avenue, SW., Washington, DC 20591; Airspace, Incorporation by reference, Cotulla, TX; INT Cotulla 046° and San telephone: (202) 267–8783. Navigation (air). Antonio, TX, 198° radials; San Antonio; INT San Antonio 042° and Austin, TX, SUPPLEMENTARY INFORMATION: Adoption of the Amendment 229° radials; Austin; Waco, TX; Glen History Rose, TX; Milsap, TX; Bowie, TX; In consideration of the foregoing, the Duncan, OK; Will Rogers, OK; Gage, OK; On June 27, 1995, the FAA proposed Federal Aviation Administration Garden City, KS; to Goodland, KS. to amend Title 14 of the Code of Federal amends 14 CFR part 71 as follows: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34723

V–18 [Revised] V–94 [Revised] Omnidirectional Range/Tactical Air From Guthrie, TX, via INT Guthrie 156° and From Blythe, CA, INT Blythe 094° and Gila Navigation (VORTAC) facilities and the Millsap, TX, 274° radials; Millsap; Glen Bend, AZ, 299° radials; Gila Bend; commissioning of four new VORTAC’s. Rose, TX; Cedar Creek, TX; Quitman, TX; Stanfield, AZ; 55 miles, 74 miles, 95 In addition, this action enhances the Belcher, LA; Monroe, LA; Jackson, MS; MSL, San Simon, AZ; Deming, NM; flow of air traffic, simplifies routings, Meridian, MS; Tuscaloosa, AL; Vulcan, Newman, TX; Salt Flat, TX; Wink, TX; increases safety and reduces pilot/ AL; Talladega, AL; Atlanta, GA; Colliers, Midland, TX; Tuscola, TX; Glen Rose, controller workload. SC; Charleston, SC. TX; Cedar Creek, TX: Gregg County, TX; EFFECTIVE DATE: 0901 UTC, October 10, * * * * * Elm Grove, LA; Monroe, LA; Greenville, MS; Holly Springs, MS; Jacks Creek, TN; 1996. V–54 [Revised] Bowling Green, KY. The airspace within FOR FURTHER INFORMATION CONTACT: Bil R–5103A is excluded. From Waco, TX; Cedar Creek, TX; Quitman, Nelson, Airspace and Rules Division, TX; Texarkana, AR; INT Texarkana 052° * * * * * ATA–400, Office of Air Traffic Airspace ° Management, Federal Aviation and Little Rock, AR, 235 radials; Little V–114 [Revised] Rock; Holly Springs, MS; Muscle Shoals, Administration, 800 Independence AL; Rocket, AL; Choo Choo, GA; Harris, From Amarillo, TX, via Childress, TX; Avenue, SW., Washington, DC 20591; GA; Spartanburg, SC; Charlotte, NC; Wichita Falls, TX; Bonham, TX; telephone: (202) 267–8783. Sandhills, NC; INT Sandhills 146° and Quitman, TX; Gregg County, TX; ° Alexandria, LA; INT Baton Rouge, LA, SUPPLEMENTARY INFORMATION: Fayetteville, NC, 267 radials; ° ° Fayetteville; to Kinston, NC. 307 and Lafayette, LA, 042 radials; 7 miles wide (3 miles north and 4 miles History * * * * * south of centerline); Baton Rouge; New On June 27, 1995, the FAA proposed ° V–62 [Revised] Orleans, LA; INT New Orleans 070 and to amend Title 14 of the Code of Federal Gulfport, MS, 247° radials; Gulfport; INT From Gallup, NM; INT Gallup 089° and Santa ° ° Regulations part 71 (14 CFR part 71) to Gulfport 344 and Eaton, MS, 171 alter eleven Federal airways located in Fe, NM, 268° radials; Santa Fe; Anton radials; to Eaton, excluding the portion Chico, NM; Texico, NM; Lubbock, TX; within R–3801B and R–3801C. the vicinity of Dallas, TX (60 FR 33158). ° Interested parties were invited to Abilene, TX; INT Abilene 109 and Glen * * * * * Rose, TX, 273° radials; Glen Rose. participate in this rulemaking V–124 [Revised] proceeding by submitting written V–63 [Revised] From Bonham, TX, via Paris, TX; Hot comments on the proposal to the FAA. From Bonham, TX, via McAlester, OK; Springs, AR; Little Rock, AR; Gilmore, No comments objecting to the proposal Razorback, AR; Springfield, MO; AR; Jacks Creek, TN; to Graham, TN. were received. Except for editorial Hallsville, MO; Quincy, IL; Burlington, changes, this amendment is the same as IA; Moline, IL; Davenport, IA; Rockford, * * * * * that proposed in the notice. Domestic IL; Janesville, WI; Badger, WI; Oshkosh, V–161 [Revised] WI; Stevens Point, WI; Wausau, WI; VOR Federal airways are published in From Three Rivers, TX, via Center Point, TX; Rhinelander, WI, to Houghton, MI. The paragraph 6010(a) of FAA Order Llano, TX; INT Llano 026° and Millsap, airspace at and above 10,000 feet MSL 7400.9C dated August 17, 1995, and TX, 193° radials; Millsap; Bowie, TX; from Quincy to 32 miles north, is effective September 16, 1995, which is Ardmore, OK; Okmulgee, OK; Tulsa, OK; excluded during the time that the Allen Oswego, KS; Butler, MO; Napoleon, MO; incorporated by reference in 14 CFR MOA is activated by NOTAM. Lamoni, IA; Des Moines, IA; Mason City, 71.1. The airways listed in this * * * * * IA; Rochester, MN; Farmington, MN; document will be published Gopher, MN; Brainerd, MN; Grand subsequently in the Order. V–66 [Revised] Rapids, MN; International Falls MN; to The Rule From Mission Bay, CA, Imperial, CA; 13 Winnipeg, MB, Canada, excluding the miles, 24 miles, 25 MSL, Bard, AZ; 12 portion within Canada. This amendment to 14 CFR part 71 miles 35 MSL INT Bard 089° and Gila * * * * * alters eleven Federal airways located in Bend, AZ, 261° radials; 46 miles, 35 Issued in Washington, DC, on June 25, the vicinity of Dallas, TX. The MSL, Gila Bend; Tucson, AZ, 7 miles 1996. alterations to the airways surrounding wide (3 miles south and 4 miles north of Nancy B. Kalinowski, the Dallas/Fort Worth (DFW) centerline); Douglas, AZ; INT Douglas Acting Program Director for Air Traffic International Airport, which are 064° and Columbus, NM, 277° radials; Airspace Management. essential to support the Dallas/Fort Columbus; El Paso, TX; 6 miles wide, INT El Paso 109° and Hudspeth 287° [FR Doc. 96–17038 Filed 7–2–96; 8:45 am] Worth Metroplex Plan, are necessary radials; 6 miles wide, Hudspeth; Pecos, BILLING CODE 4910±13±P because of the decommissioning of the TX; Midland, TX; INT Midland 083° and existing Bridgeport, Blue Ridge, Scurry Abilene, TX, 252° radials; Abilene; and Action VORTAC’s and the Bowie, TX; Bonham, TX; Sulphur 14 CFR Part 71 commissioning of the Bowie, Bonham, Springs, TX; Texarkana, AR. From Cedar Creek and Glen Rose VORTAC’s. Tuscaloosa, AL, Brookwood, AL; [Airspace Docket No. 93±ASW±5] This action enhances the flow of the air LaGrange, GA; INT LaGrange 120° and ° Alteration of VOR Federal Airways; TX traffic, simplifies routings, increases Columbus, GA, 068 radials; INT safety, and reduces pilot/controller Columbus 068° and Athens, GA, 195° AGENCY: radials; Athens; Greenwood, SC; Federal Aviation workload. Sandhills, NC; Raleigh-Durham, NC; Administration (FAA), DOT. The FAA has determined that this Franklin, VA, excluding the airspace ACTION: Final rule. regulation only involves an established above 13,000 feet MSL from the INT of body of technical regulations for which Tucson, AZ, 122° and Cochise, AZ, 257° SUMMARY: This rule alters eleven Federal frequent and routine amendments are radials to the INT of Douglas, AZ, 064° airways located in the vicinity of Dallas, necessary to keep them operationally and Columbus, NM, 277° radials. TX. This action, which supports the current. It, therefore—(1) is not a * * * * * Dallas/Fort Worth Metroplex Plan, is ‘‘significant regulatory action’’ under necessary due to the decommissioning Executive Order 12866; (2) is not a of four Very High Frequency ‘‘significant rule’’ under DOT 34724 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Regulatory Policies and Procedures (44 V–278 [Revised] Office of the Secretary FR 11034; February 26, 1979); and (3) From Texico, NM, via Plainview, TX; does not warrant preparation of a Guthrie, TX; Bowie, TX; Bonham, TX; 14 CFR Parts 211 and 213 Paris, TX; Texarkana, AR; Monticello, regulatory evaluation as the anticipated RIN 2105±AC53 impact is so minimal. Since this is a AR; Greenville, MS; Sidon, MS; Bigbee, routine matter that will only affect air MS; to Vulcan, AL. Aviation Economic Regulations: traffic procedures and air navigation, it * * * * * Updates and Corrections is certified that this rule will not have V–355 [Revised] AGENCY: Office of the Secretary, DOT. a significant economic impact on a From Bowie, TX; to Wichita Falls, TX. substantial number of small entities ACTION: Final rule. * * * * * under the criteria of the Regulatory SUMMARY: The Department is amending Flexibility Act. V–358 [Revised] 14 CFR Parts 211 and 213 to eliminate List of Subjects in 14 CFR Part 71 From San Antonio, TX, via Stonewall, TX; obsolete provisions and references, to Lampasas, TX; INT Lampasas 041° and conform citations to the recodification Airspace, Incorporation by reference, Waco, TX, 249° radials; Waco; Glen by Pub. L. 103–272 of the Federal Navigation (air). Rose, TX; Millsap, TX; Bowie, TX; Aviation Act and other transportation Ardmore, OK; INT Ardmore 327° and ° statutes, and to update organizational Adoption of the Amendment Will Rogers, OK, 195 radials; to Will titles. Rogers. In consideration of the foregoing, the EFFECTIVE DATE: The rule shall become * * * * * Federal Aviation Administration effective on August 2, 1996. amends 14 CFR part 71 as follows: V–369 [Revised] FOR FURTHER INFORMATION CONTACT: From Dallas-Fort Worth, TX; to Navasota, TX. George L. Wellington, Chief, Foreign Air PART 71Ð[AMENDED] * * * * * Carrier Licensing Division (X–45), Office of International Aviation, 1. The authority citation for part 71 V–477 [Revised] Department of Transportation, 400 continues to read as follows: From Leona, TX; to Cedar Creek, TX. Seventh Street, SW., Washington, DC Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * 20590, (202) 366–2388. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: In his 1963 Comp., p. 389; 14 CFR 11.69 V–568 [Revised] Regulatory Reinvention Initiative From Corpus Christi, TX, via INT Corpus Memorandum of March 4, 1995, § 71.1 [Amended] Christi 296° and Three Rivers, TX, 165° President Clinton directed Federal 2. The incorporation by reference in radials; Three Rivers; INT Three Rivers agencies to conduct a page-by-page 327° and San Antonio, TX, 183° radials; 14 CFR 71.1 of the Federal Aviation review of all of their regulations and to San Antonio; Stonewall, TX; Llano, TX; ‘‘eliminate or revise those that are Administration Order 7400.9C, Airspace INT Llano 026° and Glen Rose, TX, 216° Designations and Reporting Points, radials; Glen Rose; Millsap, TX; to outdated or otherwise in need of dated August 17, 1995, and effective Wichita Falls, TX. reform.’’ In response to that directive, the Department has undertaken a review September 16, 1995, is amended as V–569 [Revised] follows: of its aviation economic regulations as From Beaumont, TX, via INT Beaumont 338° contained in 14 CFR Chapter II. This Paragraph 6010(a) Domestic VOR Federal and Lufkin, TX, 146° radials; Lufkin; rule is one result of those efforts. Airways Frankston, TX; to Cedar Creek, TX. This rule eliminates obsolete * * * * * * * * * * provisions and references, conforms citations to the recodification by Pub. L. V–163 [Revised] V–571 [Revised] 103–272 of the Federal Aviation Act and From Matamoros, Mexico; via Brownsville, From Humble, TX, via Navasota, TX; Leona, other transportation statutes, and TX; 27 miles standard width, 37 miles 7 TX; INT Leona 331° and Cedar Creek, updates organizational titles. The ° miles wide (3 miles E and 4 miles W of TX, 186 radials; to Cedar Creek. Department finds that notice and centerline); Corpus Christi, TX; Three * * * * * comment are unnecessary and contrary Rivers, TX; INT Three Rivers 345° and to the public interest because of the San Antonio, TX, 168° radials; San V–583 [Revised] Antonio; Lampasas, TX; Glen Rose, TX; editorial nature of these changes. From Austin, TX; INT Austin 062° and Millsap, TX; Bowie, TX; Ardmore, OK; to College Station, TX, 270° radials; College Executive Order 12866 (Regulatory Will Rogers, OK. The airspace within Station; Leona, TX; Frankston, TX; Planning and Review) Mexico is excluded. Quitman, TX; Paris, TX; to McAlester, * * * * * OK. The Department has analyzed the economic and other effects of the final V–194 [Revised] * * * * * rule and has determined that they are From Cedar Creek, TX; College Station, TX; Issued in Washington, DC, on June 25, not ‘‘significant’’ within the meaning of INT College Station 151° and Hobby, TX, 1996. Executive Order 12866. The rule has 290° radials; Hobby; Sabine Pass, TX; Nancy B. Kalinowski, not, therefore, been reviewed by the Lafayette, LA; Baton Rouge, LA; Acting Program Director for Air Traffic Office of Management and Budget. ° McComb, MS; INT McComb 055 and Airspace Management. Meridian, MS; 221° radials; Meridian. DOT Regulatory Policies and [FR Doc. 96–17040 Filed 7–2–96; 8:45 am] From Liberty, NC, via Raleigh-Durham, Procedures NC; Tar River, NC, Cofield, NC, to INT BILLING CODE 4910±13±P Cofield 077° and Norfolk, VA, 209° The final rule is not significant under radials. the Department’s Regulatory Policies and Procedures, dated February 26, * * * * * 1979, because it does not involve Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34725 important Departmental policies; rather, 2. Throughout the part, remove the § 213.3 [Amended] the changes are being made solely for words ‘‘Board’’ and ‘‘Board’s’’ wherever 11. In § 213.3(f), remove the words the purposes of eliminating obsolete they appear, and add, in their place, the ‘‘section 1005(b) of the Act,’’ and add, requirements, correcting out-of-date words ‘‘Department’’ and in their place, the words ‘‘49 U.S.C. references, and enhancing the ‘‘Department’s.’’ Remove the words 46103.’’ organization of the regulations used by ‘‘Docket Section,’’ and add, in their the Department to administer its place, the words ‘‘Docket Facility.’’ § 213.5 [Amended] aviation economic regulatory functions. 12. The heading of § 213.5 is revised The Department has also determined § 211.1 [Amended] to read as follows: that there will be no economic impact 3. In § 211.1, remove the words § 213.5 Filing and service of schedules as a result of these changes. ‘‘section 402 of the Federal Aviation Act’’ and add, in their place, the words and applications for approval of schedules; Regulatory Flexibility Act ‘‘section 41301 of Title 49 of the United procedure thereon. In accordance with the Regulatory States Code (Transportation).’’ * * * * * Flexibility Act, I certify that the 13. In § 213.5(a), remove the words § 211.10 [Amended] amendments will not have a significant ‘‘each airport notice or,’’ and ‘‘each economic impact on a substantial 4. In § 211.10(b), remove the words application for permission to use an number of small entities. The changes ‘‘Regulatory Affairs Division, Bureau of airport (§ 213.4(b)) or.’’ Remove the are editorial in nature and will have no International Aviation, Civil words ‘‘19 copies,’’ and add, in their substantive impact. Aeronautics Board, Washington, DC place, the words ‘‘seven (7) copies.’’ 20428,’’ and add, in their place, the Remove the entire sentence that begins Executive Order 12612 (Federalism) words ‘‘Foreign Air Carrier Licensing with ‘‘Each airport notice or application The final rule has been analyzed in Division, Office of International . . .’’ accordance with the principles and Aviation, Department of Transportation, 14. Section 213.5(b) is revised to read criteria contained in Executive Order 400 Seventh Street, SW., Washington, as follows: 12612. The Department has determined DC 20590.’’ * * * * * that the rule does not have sufficient § 211.20 [Amended] (b) Pleadings by interested persons. federalism implications to warrant the 5. In § 211.20(t), remove the words Any interested person may file and preparation of a Federalism Assessment. ‘‘CAB form 263,’’ and add, in their serve upon the foreign air carrier a The amendments will not have a place, the words ‘‘OST Form 4523.’’ memorandum in opposition to, or in substantial direct effect on the States, on support of, schedules or an application the relationship between the national Subpart DÐ[Amended] for approval of schedules within 10 government and the States, or on the days of the filing opposed or supported. distribution of power and 6. Throughout subpart D of part 211, All memoranda shall set forth in detail responsibilities among the various remove the words ‘‘overseas,’’ ‘‘overseas the reasons for the position taken levels of government. and interstate,’’ ‘‘overseas or interstate,’’ together with a statement of economic ‘‘interstate and overseas’’, and National Environmental Policy Act data and other matters which it is ‘‘interstate or overseas,’’ wherever they desired that the Department officially The Department has also analyzed the appear, and add, in their place, the notice, and affidavits stating other facts rule for the purpose of the National word ‘‘interstate.’’ relied upon. Memoranda shall contain a Environmental Policy Act. The rule will § 211.33 [Amended] certificate of service as prescribed in not have any significant impact on the paragraph (a) of this section. An quality of the human environment. 7. In § 211.33(c), remove the words ‘‘section 801(a)’’ and add in their place executed original and seven (7) true Paperwork Reduction Act the words ‘‘section 41307.’’ copies shall be filed with the There are no reporting or Department’s Docket Facility. Unless recordkeeping requirements associated PART 213Ð[AMENDED] otherwise provided by the Department, with the final rule. further pleadings will not be 8. The authority citation for part 213 entertained. is revised to read as follows: Lists of Subjects * * * * * 14 CFR Part 211 Authority: 49 U.S.C. Chapters 401, 411, 15. In § 213.5(c), remove the words 413, 415, 417. ‘‘for permission to use an airport or.’’ Foreign air carriers, Economic 9. Throughout the part, remove the Remove the entire sentence beginning authority, Transportation Department. words ‘‘Board’’ and ‘‘Board’s’’ wherever with ‘‘Petitions for reconsideration of 14 CFR Part 213 they appear, and add, in their place, the the Board’’ determination on an Foreign air carriers, Economic words ‘‘Department’’ and application for permission to use an authority, Transportation Department. ‘‘Department’s.’’ Remove the words airport . . .’’ ‘‘Docket Section,’’ and add, in their Final Rule place, the words ‘‘Docket Facility.’’ § 213.6 [Amended] 16. In § 213.6, remove the words For the reasons set out in the § 213.1 [Amended] preamble, Title 14, Chapter II of the ‘‘Title IV of the Act’’ and add in their 10. In § 213.1, remove the words Code of Federal Regulations is amended place the words ‘‘Subtitle VII of Title 49 ‘‘section 402 permits authorizing foreign as follows: of the U.S. Code.’’ direct air carriers to engage in’’ and add, § 213.7 [Amended] PART 211Ð[AMENDED] in their place, the words ‘‘foreign air carrier permits issued under section 17. In § 213.7, remove the 1. The authority citation for part 211 41302 of Title 49 of the United States abbreviation ‘‘CAB’’ before the word is revised to read as follows: Code (Transportation) authorizing.’’ ‘‘Agreement.’’ Remove the words ‘‘CAB Authority: 49 U.S.C. Chapters 401, 411, Remove the entire sentence that begins form 263,’’ and add, in their place, the 413, 415, 417. with ‘‘Notwithstanding.’’ words ‘‘OST Form 4523’’, and remove 34726 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations the words ‘‘Publications Services concluded that the data supplied by the judgment against the person(s) who Division, Civil Aeronautics Board, manufacturer concerning this antibiotic request(s) the hearing, making findings Washington, DC 20428,’’ and add in dosage form are adequate to establish and conclusions and denying a hearing. their place the words ‘‘Foreign Air the safety and efficacy when used as All submissions must be filed in three Carrier Licensing Division (X–45), directed in the labeling and that the copies, identified with the docket Office of International Aviation, regulations should be amended in part number appearing in the heading of this Department of Transportation, 400 452 (21 CFR part 452) to include order and filed with the Dockets Seventh Street, SW., Washington, DC accepted standards for this product. Management Branch. The procedures and requirements 20590. Environmental Impact governing this order, a notice of Issued in Washington, DC, on May 31, The agency has determined under 21 1996. participation and request for a hearing, CFR 25.24(c)(6) that this action is of a Charles A. Hunnicutt, a submission of data, information, and type that does not individually or analyses to justify a hearing, other Assistant Secretary for Aviation and cumulatively have a significant effect on International Affairs. comments, and grant or denial of a the human environment. Therefore, hearing are contained in 21 CFR [FR Doc. 96–16808 Filed 7–2–96; 8:45 am] neither an environmental assessment 314.300. BILLING CODE 4910±62±P nor an environmental impact statement All submissions under this order, is required. except for data and information prohibited from public disclosure under DEPARTMENT OF HEALTH AND Submitting Comments and Filing Objections 21 U.S.C. 331(j) or 18 U.S.C. 1905, may HUMAN SERVICES be seen in the Dockets Management This final rule announces standards Branch (address above) between 9 a.m. Food and Drug Administration that FDA has accepted in a request for and 4 p.m., Monday through Friday. approval of an antibiotic drug. Because 21 CFR Part 452 this final rule is not controversial and List of Subjects in 21 CFR Part 452 [Docket No. 96N±0117] because, when effective, it provides Antibiotics. notice of accepted standards, FDA finds Therefore, under the Federal Food, Antibiotic Drugs; Clarithromycin that notice and comment procedure is Drug, and Cosmetic Act and under Granules for Oral Suspension unnecessary and not in the public authority delegated to the Commissioner interest. This final rule, therefore, is AGENCY: Food and Drug Administration, of Food and Drugs, 21 CFR part 452 is effective August 2, 1996. However, amended as follows: HHS. interested persons may, on or before ACTION: Final rule. August 2, 1996, submit comments to the PART 452ÐMACROLIDE ANTIBIOTIC DRUGS SUMMARY: The Food and Drug Dockets Management Branch (address above). Two copies of any comments are Administration (FDA) is amending the 1. The authority citation for 21 CFR to be submitted, except that individuals antibiotic drug regulations to include part 452 continues to read as follows: accepted standards for clarithromycin may submit one copy. Comments are to be identified with the docket number Authority: Sec. 507 of the Federal Food, for its use in a new dosage form of Drug, and Cosmetic Act (21 U.S.C. 357). clarithromycin, clarithromycin granules found in brackets in the heading of this document. Received comments may be for oral suspension. The manufacturer § 452.150a [Redesignated from § 452.150] has supplied sufficient data and seen in the Dockets Management Branch between 9 a.m. and 4 p.m., Monday 2. Section 452.150 is redesignated as information to establish its safety and § 452.150a and new §§ 452.150 and efficacy. through Friday. Any person who will be adversely 452.150b are added to subpart B to read DATES: Effective August 2, 1996; affected by this final rule may file as follows: comments, notice of participation, and a objections to it and request a hearing. request for hearing by August 2, 1996; § 452.150 Clarithromycin oral dosage Reasonable grounds for the hearing forms. data, information, and analyses to must be shown. Any person who justify a hearing by September 3, 1996. decides to seek a hearing must file (1) § 452.150b Clarithromycin granules for ADDRESSES: Submit written comments on or before August 2, 1996, a written oral suspension. to the Dockets Management Branch notice of participation and request for a (a) Requirements for certification—(1) (HFA–305), Food and Drug hearing, and (2) on or before September Standards of identity, strength, quality, Administration, 12420 Parklawn Dr., 3, 1996, the data, information, and and purity. Clarithromycin granules for rm. 1–23, Rockville, MD 20857. analyses on which the person relies to oral suspension is a dry mixture FOR FURTHER INFORMATION CONTACT: justify a hearing, as specified in 21 CFR containing clarithromycin-coated James M. Timper, Center for Drug 314.300. A request for a hearing may not particles, suitable and harmless Evaluation and Research (HFD–520), rest upon mere allegations or denials, dispersing agents, diluents, Food and Drug Administration, 5600 but must set forth specific facts showing preservatives, and flavorings. It contains Fishers Lane, Rockville, MD 20857, that there is a genuine and substantial the equivalent of 25 or 50 milligrams of 301–827–2193. issue of fact that requires a hearing. If clarithromycin activity per milliliter of SUPPLEMENTARY INFORMATION: FDA has it conclusively appears from the face of the reconstituted suspension. Its evaluated data submitted in accordance the data, information, and factual potency is satisfactory if it is not less with regulations issued under section analyses in the request for a hearing that than 90 percent and not more than 115 507 of the Federal Food, Drug, and no genuine and substantial issue of fact percent of the number of milligrams of Cosmetic Act (21 U.S.C. 357), as precludes the action taken by this order, clarithromycin that it is represented to amended, with respect to a request for or if a request for hearing is not made contain. Its loss on drying is not more approval of a new dosage form of in the required format or with the than 2.0 percent. When constituted as clarithromycin, clarithromycin granules required analyses, the Commissioner of directed in the labeling, its pH is not for oral suspension. The agency has Food and Drugs will enter summary less than 4.0 nor more than 5.4. The Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34727 clarithromycin used conforms to the (i) Mobile phase. Add 600 milliliters potassium phosphate, dibasic. Shake for standards prescribed by § 452.50(a)(1). of methanol and 400 milliliters of 30 minutes. Dilute to volume with (2) Labeling. It shall be labeled in 0.067M potassium phosphate, methanol. Mix well and place in an accordance with the requirements of monobasic, to a suitable container, mix ultrasonic bath for 30 minutes. Cool to § 432.5 of this chapter. well, and adjust the pH to 3.5 with room temperature and adjust to volume (3) Requests for certification; samples. phosphoric acid. Filter through a with methanol. Add a magnetic stirring In addition to complying with the suitable filter capable of removing bar and stir for 60 minutes. Allow requirements of § 431.1 of this chapter, particulate matter to 0.5 micron in excipients to settle and dilute an each such request shall contain: diameter. Degas the mobile phase just appropriate aliquot of the solution with (i) Results of tests and assays on: before its introduction into the mobile phase to obtain a solution (A) The clarithromycin used in chromatographic system. containing 500 micrograms of making the batch for potency, moisture, (ii) Preparation of standard solution. clarithromycin activity per milliliter pH, residue on ignition, heavy metals, Dissolve an accurately weighed portion and mix well. Filter through a suitable specific rotation, identity, and of the clarithromycin working standard filter capable of removing particulate crystallinity. in sufficient methanol to obtain a matter 0.5 micron in diameter. (B) The batch for content, loss on solution having a known concentration (iv) System suitability requirements— drying, pH, and identity. of approximately 2.1 milligrams per (A) Tailing factor. The tailing factor (T) (ii) Samples, if required by the milliliter of clarithromycin. is satisfactory if it is not less than 1.0 Director, Center for Drug Evaluation and Quantitatively transfer and dilute an and not greater than 1.7 for the Research: aliquot of this solution with mobile clarithromycin peak. (A) The clarithromycin used in phase and mix to obtain a solution of (B) Efficiency of the column. The making the batch: 10 packages, each known concentration of approximately efficiency (n) is satisfactory if it is containing approximately 500 415 micrograms of clarithromycin per greater than 2,100 theoretical plates for milligrams. milliliter. the clarithromycin peak. (B) The batch: A minimum of six (iii) Preparation of sample solution. immediate containers. Constitute as directed in the labeling. (C) Capacity factor. The capacity ′ (b) Tests and methods of assay—(1) Accurately measure a representative factor (k ) is satisfactory if it is between Clarithromycin content. Proceed as portion of the suspension that contains 2.5 and 6 for the clarithromycin peak. directed in § 452.50(b)(1), except use a about 1 to 2 grams of clarithromycin (D) Coefficient of variation (relative known injection volume between 10 activity and, using approximately 330 standard deviation). The coefficient of and 60 microliters. Also, prepare the milliliters of 0.067M potassium variation (SR in percent of three mobile phase, working standard phosphate, dibasic, quantitatively replicate injections) is satisfactory if it is solution, and sample solution, and use transfer into a 1,000 milliliter not more than 2.0 percent. system suitability requirements and volumetric flask containing (v) Calculations. Calculate the calculation as follows: approximately 50 milliliters of 0.067M clarithromycin content as follows:

Milligrams of AU X PS X D clarithromycin = per milliliter AS X V

where: the clarithromycin peak must be within animal drug applications (NADA’s) held AU = Area of the clarithromycin peak in the 2 percent of the retention time for the by Bayer Corp., Agriculture Division, chromatogram of the sample; peak of the reference standard. Animal Health (formerly Miles, Inc., AS = Area of the clarithromycin peak in the Agriculture Division, Animal Health chromatogram of the clarithromycin Dated: June 20, 1996. working standard; Janet Woodcock, Products), Hubbard Milling Co., Hoffmann-LaRoche, Inc., and Ohmeda, PS = Clarithromycin activity in the Director, Center for Drug Evaluation and clarithromycin working standard Research. Inc. The NADA’s provide for the use of solution in micrograms per milliliter; 29 various new animal drug products [FR Doc. 96–16977 Filed 7–2–96; 8:45 am] D = Dilution factor of the sample test and Type A medicated articles used to solution; and BILLING CODE 4160±01±F manufacture finished medicated animal V = Volume, in milliliters, of the portion of feeds. In a notice published elsewhere suspension taken. in this issue of the Federal Register, (2) Loss on drying. Proceed as directed 21 CFR Parts 520, 522, 529, and 558 FDA is withdrawing approval of the in § 436.200(a) of this chapter, using a NADA’s. sample weight of approximately 1 gram, Animal Drugs, Feeds, and Related weighing in a normal laboratory Products; 29 Various New Animal Drug EFFECTIVE DATE: July 15, 1996. atmosphere. Products and Type A Medicated (3) pH. Proceed as directed in Articles FOR FURTHER INFORMATION CONTACT: § 436.202 of this chapter, using the Mohammad I. Sharar, Center for suspension prepared as directed in the AGENCY: Food and Drug Administration, Veterinary Medicine (HFV–216), Food labeling. Stir the suspension for 10 HHS. and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827– minutes with the electrode immersed ACTION: Final rule. and record the pH. 0159. (4) Identity. Using the high- SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: In a notice performance liquid chromatographic Administration (FDA) is amending the published elsewhere in this issue of the procedure described in paragraph (b)(1) animal drug regulations to remove those Federal Register, FDA is withdrawing of this section, the retention times for portions reflecting approval of 29 new approval of the following NADA’s: 34728 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

NADA No. Drug name Sponsor name and address

6±462 ...... Diethylcarbamazine tablets ...... Bayer Corp., Agriculture Division, Animal Health, P.O. Box 390, Shawnee Mission, KS 66201. 10±540 ...... Calcium disodium edetate injection ...... Do. 11±380 ...... Diethylcarbamazine powder ...... Do. 12±054 ...... Protokylol hydrochloride tablets and injection ...... Do. 12±103 ...... Triamcinolone tablets ...... Do. 12±392 ...... Triamcinolone injection ...... Do. 12±598 ...... Disophenol sodium injection ...... Do. 15±161 ...... Trichlorfon powder ...... Do. 15±965 ...... Coumaphos Type A medicated article ...... Do. 30±045 ...... Triamcinolone/neomycin sulfate ointment ...... Do. 34±394 ...... Niclosamide tablets ...... Do. 35±263 ...... Styrylpyridinium chloride, diethylcarbamazine (as base) Do. oral liquid. 45±287 ...... Coumaphos crumbles ...... Do. 48±645 ...... Tylosin Type A medicated articles (5, 10, 20, and 40 Hubbard Milling Co., 424 North Riverfront Dr., P.O. grams per pound). Box 8500, Mankato, MN 56002±8500. 49±555 ...... Styrylpyridinium chloride, diethylcarbamazine control diet Bayer Corp. HRH/MSD. 91±628 ...... Diethylcarbamazine citrate syrup ...... Do. 93±372 ...... Chlortetracycline calcium complex Type A medicated arti- Hoffmann-LaRoche, Inc., Nutley, NJ 07110. cles. 94±402 ...... Tylosin and sulfamethazine Type A medicated articles .... Hubbard Milling Co. 95±078 ...... Trichlorfon oral liquid ...... Bayer Corp. 96±031 ...... Styrylpyridinium chloride, diethylcarbamazine citrate tab- Do. lets. 100±201 ...... Trichlorfon paste ...... Do. 100±356 ...... Styrylpyridinium chloride, diethylcarbamazine control diet Do. HRH. 100±670 ...... Niclosamide Type A medicated article ...... Do. 101±078 ...... Dichlorophene and toluene capsules ...... Do. 120±327 ...... Diethylcarbamazine chewable tablets ...... Do. 120±670 ...... Styrylpyridinium, diethylcarbamazine edible tablets ...... Do. 121±291 ...... Enflurane liquid (anesthetic) ...... Ohmeda, Inc., Pharmaceutical Products Division, P.O. Box 804, Liberty Corner, NJ 07938±0804. 121±813 ...... Styrylpyridinium, diethylcarbamazine film-coated tablets Bayer Corp. 133±509 ...... Pyrantel tartrate Type A medicated articles ...... Hubbard Milling Co.

The sponsors requested withdrawal of PART 520ÐORAL DOSAGE FORM amended in paragraph (a) by removing approval of the NADA’s. This final rule NEW ANIMAL DRUGS ‘‘000859 and’’. removes 21 CFR 520.500, 520.620a, 7. Section 520.622b is amended by 520.620b, 520.1520, 520.2022, 1. The authority citation for 21 CFR part 520 continues to read as follows: revising paragraph (b)(2) to read as 520.2160a, 520.2160b, 520.2160c, follows: 520.2160d, 520.2480, 520.2520c, Authority: Sec. 512 of the Federal Food, 520.2520d, 522.281, 522.740, 522.2022, Drug, and Cosmetic Act (21 U.S.C. 360b). § 520.622b Diethylcarbamazine citrate 522.2480, 529.810, 558.367, and syrup. 558.565, and amends 21 CFR 520.580, § 520.500 [Removed] * * * * * 520.622a, 520.622b, 520.2520a, 558.185, 2. Section 520.500 Coumaphos (b)(1) * * * 558.485, 558.625, and 558.630. crumbles is removed. (2) Sponsors. See No. 017030 for use List of Subjects § 520.580 [Amended] as in paragraphs (b)(3)(ii)(a) and (b)(3)(ii)(c) of this section. 21 CFR Parts 520, 522, and 529 3. Section 520.580 Dichlorophene and toluene capsules is amended in * * * * * Animal drugs. paragraph (b)(2) by removing ‘‘000859,’’. § 520.1520 [Removed] 21 CFR Part 558 § 520.620a [Removed] 8. Section 520.1520 Niclosamide 4. Section 520.620a tablets is removed. Animal drugs, Animal feeds. Diethylcarbamazine is removed. Therefore, under the Federal Food, § 520.2022 [Removed] Drug, and Cosmetic Act and under § 520.620b [Removed] authority delegated to the Commissioner 5. Section 520.620b 9. Section 520.2022 Protokylol of Food and Drugs and redelegated to Diethylcarbamazine chewable tablets is hydrochloride tablets is removed. the Center for Veterinary Medicine, 21 removed. § 520.2160a [Removed] CFR parts 520, 522, 529, and 558 are § 520.622a [Amended] amended as follows: 10. Section 520.2160a 6. Section 520.622a Styrylpyridinium, diethylcarbamazine Diethylcarbamazine citrate tablets is tablets is removed. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34729

§ 520.2160b [Removed] PART 558ÐNEW ANIMAL DRUGS FOR FOR FURTHER INFORMATION CONTACT: 11. Section 520.2160b USE IN ANIMAL FEEDS Ted McBurrows, Director, Equal Styrylpyridinium chloride, Employment Opportunity Staff, Room diethylcarbamazine (as base) is 25. The authority citation for 21 CFR part 558 continues to read as follows: 1246, 10th & Pennsylvania Ave., NW, removed. Washington, DC 20530, (202) 616–4800. Authority: Secs. 512, 701 of the Federal § 520.2160c [Removed] Food, Drug, and Cosmetic Act (21 U.S.C. SUPPLEMENTARY INFORMATION: In 1994, 12. Section 520.2160c 360b, 371). pursuant to 5 U.S.C. 301, the Attorney Styrylpyridinium, diethylcarbamazine General issued several policy statements edible tablets is removed. § 558.185 [Amended] prohibiting discrimination on the basis 26. Section 558.185 Coumaphos is of sexual orientation and affirmatively § 520.2160d [Removed] amended by removing and reserving promoting the principles of equal 13. Section 520.2160d paragraph (a)(1). employment opportunity. The Attorney Styrylpyridinium, diethylcarbamazine General is revising 28 CFR 42.1 to film-coated tablets is removed. § 558.367 [Removed] reflect this policy. This policy affects § 520.2480 [Removed] 27. Section 558.367 Niclosamide is agency operation and procedures, and removed. therefore is exempt from the notice 14. Section 520.2480 Triamcinolone requirement of 5 U.S.C. 553(b) and is tablets is removed. § 558.485 [Amended] effective upon issuance. 28. Section 558.485 Pyrantel tartrate § 520.2520a [Amended] This rule has been drafted and is amended by removing and reserving reviewed in accordance with section 15. Section 520.2520a Trichlorfon oral paragraph (a)(16). is amended in paragraph (b) by 1(b) of Executive Order 12866. This rule removing the phrase ‘‘Nos. 017800 and § 558.565 [Removed] is not a ‘‘significant regulatory action’’ 000859’’ and adding in its place ‘‘No. 29. Section 558.565 Styrylpyridinium under section 3(f) of Executive Order 017800’’. chloride, diethylcarbamazine is 12866. Accordingly, this rule has not removed. been reviewed by the Office of § 520.2520c [Removed] Management and Budget. In accordance 16. Section 520.2520c Trichlorfon oral § 558.625 [Amended] with the Regulatory Flexibility Act (5 liquid is removed. 30. Section 558.625 Tylosin is U.S.C. 605(b)), the Attorney General § 520.2520d [Removed] amended by removing and reserving certifies that this rule will not have a paragraph (b)(72). significant economic impact on a 17. Section 520.2520d Trichlorfon substantial number of small entities. paste is removed. § 558.630 [Amended] This rule will not have a substantial 31. Section 558.630 Tylosin and PART 522ÐIMPLANTATION OR direct impact upon the states, on the sulfamethazine is amended in INJECTABLE DOSAGE FORM NEW relationships between the national paragraph (b)(10) by removing ANIMAL DRUGS government and the states, or on ‘‘012190,’’. distribution of power and 18. The authority citation for 21 CFR Dated: June 3, 1996. responsibilities among the various part 522 continues to read as follows: Michael J. Blackwell, levels of government. Therefore, this Authority: Sec. 512 of the Federal Food, Acting Director, Center for Veterinary rule does not have sufficient federalism Drug, and Cosmetic Act (21 U.S.C. 360b). Medicine. implications to warrant the preparation [FR Doc. 96–16886 Filed 7–2–96; 8:45 am] of a Federalism Assessment in § 522.281 [Removed] BILLING CODE 4160±01±F accordance with Executive order 12612. 19. Section 522.281 Calcium List of Subjects in 28 CFR Part 42 disodium edetate injection is removed. § 522.740 [Removed] DEPARTMENT OF JUSTICE Administrative practice and procedure, Aged, Civil rights, Equal 20. Section 522.740 Disophenol 28 CFR Part 42 employment opportunity, Grant sodium injection is removed. [A.G. Order No. 2037±96] programs, Individuals with disabilities, § 522.2022 [Removed] Reporting and recordkeeping, Sex 21. Section 522.2022 Protokylol Equal Employment Opportunity discrimination. hydrochloride injection is removed. AGENCY: Department of Justice Accordingly, for reasons set out in the preamble, 28 CFR Part 42 is amended as § 522.2480 [Removed] ACTION: Final Rule set forth below. 22. Section 522.2480 Triamcinolone SUMMARY: This document revises the injection is removed. Department of Justice policy with regard PART 42ÐEQUAL EMPLOYMENT to the nondiscrimination in OPPORTUNITY WITHIN THE PART 529ÐCERTAIN OTHER DOSAGE DEPARTMENT OF JUSTICE FORM NEW ANIMAL DRUGS employment to include sexual orientation as a prohibited basis for 1. The authority citation for Part 42 23. The authority citation for 21 CFR discrimination. This revised rule also Subpart A is revised to read as follows: part 529 continues to read as follows: makes clear that retaliation for opposing Authority: Sec. 512 of the Federal Food, a prohibited practice or participating in Authority: 5 U.S.C. 301, 28 U.S.C. 509, Drug, and Cosmetic Act (21 U.S.C. 360b). a related proceeding is prohibited. This 510; E.O. 11246, 3 CFR 1964–1965 Comp., p. action promotes the equitable treatment 339; E.O. 11478, 3 CFR 1966–1970 Comp., p. 803. § 529.810 [Removed] of employees and applicants for 24. Section 529.810 Enflurane is employment 2. Section 42.1 is revised to read as removed. EFFECTIVE DATE: June 26, 1996. follows: 34730 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

§ 42.1 Policy. blocks identified by the Secretary of the arise which could warrant the need for (a) It is the policy of the Department Interior as subject to: a longer time for bid evaluation. of Justice to seek to eliminate (1) Another nations’s claims of This rule addresses a housekeeping discrimination on the basis of race, jurisdiction and control which conflict issue and will enable us to adjust the color, religion, sex, sexual orientation, with the claims of the United States, or bid acceptance/rejection time period to national origin, marital status, political (2) Defense-related activities that may meet changing conditions. It recognizes affiliation, age, or physical or mental be incompatible with mineral that 90 days may not be enough time to handicap in employment within the exploration/development activities. Any complete the review process, which Department and to assure equal bid not accepted within that period is would result in the rejection of the high employment opportunity for all deemed rejected. bids which we fail to evaluate within 90 employees and applicants for In the Central Gulf of Mexico Sale days. This would result in fewer leases employment. 157, held April 24, 1996, we received being issued because of failure to (b) No person shall be subject to 1,381 bids on 924 tracts, 632 of which complete the bid review process within retaliation for opposing any practical passed to Phase 2 for detailed reviews. time and resource constraints. The prohibited by the above policy or for This unprecedented response by Government may receive less bonus and participating in any stage of industry in Sale 157 resulted from the rental monies. administrative or judicial proceedings enactment of the Outer Continental Today, without authority to extend related to this policy. Shelf Deep Water Royalty Relief Act the bid review period, the 1982 90-day (Pub. L. 104–58, DWRRA) and other rule is arbitrarily too rigid and may not Dated: June 26, 1996. allow sufficient time given the current factors, such as higher natural gas and Janet Reno, complexities inherent in evaluating oil prices. Consequently, MMS is unable Attorney General. certain tracts. It is in the public interest to conduct and complete the entire bid to ensure that adequate time is available [FR Doc. 96–16888 Filed 7–2–96; 8:45 am] review process within the 90 days, i.e., to give all high bids a full and BILLING CODE 4410±01±M by July 22, 1996. If we do not modify appropriate review, to ensure the receipt the timing restriction before the 90 days of fair market value, and ultimately to expire for Sale 157, dozens of high bids DEPARTMENT OF THE INTERIOR increase natural gas and oil supplies. received on tracts offered in that sale This rulemaking finalizes the rule, may be rejected because of our inability Minerals Management Service with one substantive modification, as to complete the statutorily mandated originally proposed and published in review for fair market value. Therefore, 30 CFR Part 256 the Federal Register (61 FR 24466, May in accordance with 5 U.S.C. 15, 1996). Seven respondents—a trade RIN 1010±AC18 553(b)(3)(B), this rule is effective July organization and six companies— 18, 1996. It is in the public interest to submitted comments on the proposed Leasing of Sulphur or Oil and Gas in ensure that adequate time is available to rule during the public comment period. the Outer Continental Shelf give all high bids a full and appropriate The MMS reviewed and analyzed the review and to ensure the receipt of fair AGENCY: comments. The following is a Minerals Management Service market value. (MMS), Interior. discussion of the comments received The 90-day period was established in and our response. ACTION: Final rule. 1982 because of the change from nomination to areawide sales and from Narrative Responses to Comments SUMMARY: This rule amends the regulations of MMS to allow the presale to postsale evaluations. Since Comment: Although MMS now pays authorized officer to extend the 90-day then, MMS has held mainly areawide interest on the one-fifth bonus held time period within which we must sales. The DWRRA amended the Outer during the evaluation period, industry accept or reject the high bids received Continental Shelf Lands Act and must set aside the four-fifths of the on Outer Continental Shelf (OCS) tracts defined a new bidding system which bonus and first year rental to pay for the offered for sale. Unforeseen provides for royalty suspensions. The lease when and if awarded. Delays in circumstances including a flood, a deep water incentive law did not amend rejecting a lease may cause a company furlough, and an extremely high bid the requirement that we receive fair to miss participating in a significant response may create a need for more market value for tracts leased. Any lease opportunity elsewhere. Delays in time to evaluate bids. The rule gives the sale held before November 28, 2000, awarding leases can cause delays in authorized officer authority to extend must use the new bidding system for all planning further seismic evaluation, the time period for 15 working days or tracts located in water depths of 200 hazard surveys, rig commitment, and longer, beyond 90 days after the date on meters or more in the Gulf of Mexico budgeting of wells. On the other hand, which the bids are opened, when west of 87 degrees, 30 minutes west industry does not want the retention of circumstances warrant. longitude. The large number of bids the 90-day period to result in the received in response to the new rejection of the high bids because MMS EFFECTIVE DATE: This rule is effective statutory requirements resulted in an does not have sufficient time to evaluate July 18, 1996. increased workload which we expect them. FOR FURTHER INFORMATION CONTACT: will exceed our ability to complete the Response: We realize that any Dr. Marshall Rose, Chief, Economic bid review process within 90 days as extension beyond the 90 days could Evaluation Branch, telephone (703) required by 30 CFR 256.47(e)(2). result in some missed opportunities and 787–1536. This rule allows the authorized officer impact exploration and development SUPPLEMENTARY INFORMATION: The time authority to extend the time period for activities, but MMS must fulfill its duty to accept or reject bids is established 15 working days or longer when to obtain fair market value for offshore under the regulations at 30 CFR 256.47. circumstances warrant. Recent examples leased tracts. Because we accept tracts The authorized officer must accept or include floods and furloughs; however, sequentially during the bid review reject the high bids within 90 days after other circumstances such as an period, on only a small portion of tracts the bid opening, except for tracts or excessive unanticipated workload may will MMS require more than 90 days to Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34731 complete the evaluation. We plan to reasons, or combination of reasons, that Any direct effects of this rulemaking extend the bid review period only when could trigger an extension. Examples of will primarily affect the lessees and circumstances beyond our control arise, circumstances that might apply are: operators—entities that are not, by such as weather conditions, furloughs, Inclement weather that results in definition, small due to the technical or an unusually large number of closing the office; damage to the complexities and financial resources unanticipated tracts receiving bids building (e.g., explosion, fire, or water); necessary to conduct OCS activities. causing disruptions in our workload. lack of electrical power; etc. Any Small entities are more likely to operate We would rather ensure that adequate announcement of an extension beyond onshore or in State waters—areas not time is available to give all high bids a the 90-day period will include the covered by this rule. The indirect effect full and appropriate review, than have reasons warranting the extension. of this rulemaking on small entities that to reject high bids for insufficient time Comment: An extension to accept or provide support for offshore activities to evaluate, which could be the case reject the high bids is acceptable has also been determined to be small. without this rule. To accommodate the provided the additional time is When small entities work on the OCS, concern to keep the review time warranted, and the sale schedule in the they are more likely to be contractors extension as short as possible, MMS has Central and Western Gulf of Mexico is rather than lessees. While these reduced the minimum extension time not seriously affected. The alternative of contractors must follow the rules from 30 days as proposed to 15 working rejecting high bids not evaluated governing OCS operations, we are not days in the final rule. because of insufficient time does not changing the rules that govern actual Comment: The ‘‘authorized officer’’ serve the best interest of the companies operations on a lease. We are only should not be allowed authority to or the Government. modifying the rules governing the actual extend the time period for more than 30 Response: We, like the companies, do acceptance or rejection of a high bid for days. This extension of time should not want to extend the bid review a lease. only apply to the evaluation of Sale 157 period any more than absolutely bids and should not be for additional necessary because MMS wants to Paperwork Reduction Act time caused by a change in the bid continue to meet our sales schedule. We The rule has been examined under the adequacy procedures, for example, also realize that companies might delay Paperwork Reduction Act of 1995 and elimination of the 3-bid rule. exploration and development decisions has been found to contain no new Response: Our recent experience with because considerable amounts of reporting and information collection floods and furloughs, which resulted in financial resources, which could be requirements. extensions of the bid review period for better employed elsewhere, are tied up Takings Implication Assessment 14 and 9 days each, would indicate that during this period. Any extensions it is unlikely that the authorized officer should be for the minimum time The DOI certifies that this rule does will extend the time period for more warranted and affect a small number of not represent a governmental action than 15 working days. As a result, we tracts. capable of interference with have modified the proposed 30 days to Comment: The 90-day period would constitutionally protected property 15 working days. However, in those rare be sufficient if MMS limited its rights. A Takings Implication circumstances that may arise which evaluation efforts in Phase 2 to those Assessment prepared under E.O. 12630, could warrant a longer time for bid tracts where there is current activity or Government Action and Interference evaluation, this rule gives the new production offsetting a tract with Constitutionally Protected Property authorized officer the flexibility to receiving bids. Rights, is not required. respond appropriately and in the public Response: Because we are required to E.O. 12988 interest. With respect to Sale 157, more receive fair value for all tracts leased, than three times the normal number of the existing bid adequacy procedures do The DOI has certified to OMB that the tracts went to Phase 2 for further not limit Phase 2 evaluation efforts only rule meets the applicable reform evaluation, only a small percentage of to those tracts where there is current standards provided in Section 3(b)(2) of which was attributable to the activity or new production offsetting a E.O. 12988. elimination of the 3-bid rule. The tract receiving bids. The rule recognizes National Environmental Policy Act excessive workload burden is a result that more than 90 days may be needed primarily of industry competition and to complete the process. We will The DOI has determined that this rule bidding in Sale 157 and not a change in continue to review our procedures and, does not constitute a major Federal the bid adequacy procedures. based on knowledge gained from action significantly affecting the quality Comment: The fact that a tract is experience in lease sales, may identify of the human environment; therefore, an covered by the DWRRA should not be modifications which might reduce the environmental impact statement is not a factor in evaluating the high bid on length of the bid review period. required. that tract. Author: This document was prepared Unfunded Mandate Reform Act of 1995 Response: The MMS must fulfill its by Mary Vavrina, Offshore Resource duty to obtain fair market value for Evaluation Division, MMS. The DOI has determined and certifies offshore leased tracts. The fact that a according to the Unfunded Mandates tract may benefit from the DWRRA will Executive Order (E.O.) 12866 Reform Act, 2 U.S.C. 1502 et seq., that normally cause the bidders to adjust This rule does not meet the criteria for this rule will not impose a cost of $100 their bids accordingly. Therefore, any a significant rule requiring review by million or more in any given year on bid review procedure should take this the Office of Management and Budget local, tribal, or State governments or the effect into consideration as well. (OMB) under E.O. 12866. private sector. Comment: The regulation and the List of Subjects in 30 CFR Part 256 notice granting the extension should Regulatory Flexibility Act make clear the event or circumstances The Department of the Interior (DOI) Administrative practices and which require the extension. has determined that this rule will not procedures, Continental shelf, Response: Based on past experience, have a significant economic effect on a Government contracts, Incorporation by the rule does not list all possible substantial number of small entities. reference, Oil and gas exploration, 34732 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Public lands—mineral resources, Canaveral Harbor in the waters adjacent Hawaii to remove obsolete material. The Reporting and recordkeeping to the Navy pier at Port Canaveral, title of the danger zone in 33 CFR requirements, Surety bonds. Florida. This amendment concerns the 1340(a)(4) is changed from ‘‘Aerial Dated: June 27, 1996. replacement of a warning light system bombing and naval shore bombardment in the Canaveral area. The change is area, Kahoolawe Island Hawaii’’ to Sylvia V. Baca, necessary because the existing rules ‘‘Submerged unexploded ordnance Assistant Secretary, Land and Minerals refer to the display of a nonexistent red danger zone, Kahoolawe Island, Management. ball and the Port Canaveral water tower Hawaii’’ and the enforcing authority in For the reasons set forth in the which has been dismantled. The marker paragraph (c) is changed from preamble, we amend 30 CFR part 256 as light has been relocated. The Corps is ‘‘Commander, Third Fleet, Pearl follows: also making several editorial changes to Harbor’’ to ‘‘Commander, Naval Base, the regulations which establish danger Pearl Harbor, Hawaii 96860–5020.’’ PART 256ÐLEASING OF SULPHUR OR zones in the waters offshore of Hawaii. These amendments to the danger zones OIL AND GAS IN THE OUTER The amendments reflect a change in the in 33 CFR 334.1340 are being CONTINENTAL SHELF use of a danger zone and the identity of promulgated without being published as 1. The Authority citation for part 256 the Agency responsible for enforcement proposed rules with opportunity for continues to read as follows: of the regulations. The changes are public comment because the changes are editorial in nature and since the Authority: 43 U.S.C. 1331 et seq. being made as a result of an ongoing review of the regulations. revisions do not change the boundaries 2. Section 256.47(e)(2) is revised to EFFECTIVE DATE: August 2, 1996. or increase or decrease the restrictions read as follows: ADDRESSES: HQUSACE, CECW–OR, on the public’s use or entry into the § 256.47 Award of leases. Washington, D.C. 20314–1000. designated danger zones, the changes will have practically no effect on the * * * * * FOR FURTHER INFORMATION CONTACT: Mr. Ralph Eppard, Regulatory Branch, public, and accordingly, public (e) * * * comment is unnecessary and (2) The authorized officer must accept CECW–OR at (202) 761–1783, or impractical. or reject the bid within 90 days. The questions concerning the Fort Monroe authorized officer may extend the time restricted area may be directed to Ms. Economic Assessment and Certification period for acceptance or rejection of a Alice G. Riley of the Norfolk District at This final rule is issued with respect bid for 15 working days or longer, if (804) 441–7389, and questions to a military function of the Defense circumstances warrant. Any bid not concerning the Port Canaveral restricted Department and the provisions of accepted within the prescribed time area may be directed to Ms. Shirley Executive Order 12866 do not apply. period, including any extension thereof, Stokes of the Jacksonville District at This final rule has been reviewed under is deemed rejected. (904) 232–1668. the Regulatory Flexibility Act (Pub. L. * * * * * SUPPLEMENTARY INFORMATION: Pursuant 96–354), which requires the preparation [FR Doc. 96–17013 Filed 7–2–96; 8:45 am] to its authorities in Section 7 of the of a regulatory flexibility analysis for Rivers and Harbors Act of 1917 (40 Stat. BILLING CODE 4310±MR±M any regulation that will have a 266; 33 U.S.C. 1) and Chapter XIX of the significant economic impact on a Army Appropriations Act of 1919 (40 substantial number of small entities Stat. 892; 33 U.S.C. 3), the Corps is DEPARTMENT OF DEFENSE (i.e., small businesses and small amending the regulations in 33 CFR Part governments). The Corps expects that Department of the Army 334.360, 334.530 and 334.1340. the economic impact of the changes to The Commanding Officer, Naval the restricted areas will have practically Corps of Engineers Surface Warfare Center, Dahlgren no impact on the public, no anticipated Detachment, Fort Monroe, Virginia has 33 CFR Part 334 navigational hazard or interference with requested an amendment to the existing waterway traffic and regulations in 33 CFR 334.360, which accordingly, certifies that this final rule Chesapeake Bay Off Fort Monroe, VA, establish a restricted area in the and Canaveral Harbor Adjacent to the will have no significant economic Chesapeake Bay off Fort Monroe, impact on small entities. Navy Pier at Port Canaveral, FL; Virginia. In addition, the Commanding Restricted Areas, and Pacific Ocean, Officer, Naval Ordnance Test Unit, Cape National Environmental Policy Act Hawaii, Danger Zones Canaveral, Florida, has requested an Certification AGENCY: U.S. Army Corps of Engineers, amendment to the restricted area An environmental assessment has DOD. regulations in 33 CFR 334.530 to delete been prepared for each of these actions. ACTION: Final rule. a reference to a red warning light on a We have concluded, based on the minor water tower and refer in its place to a nature of these amendments, that these SUMMARY: The Corps is amending the new warning light system. We amendments to danger zones and regulations which establish a restricted published these proposed amendments restricted areas will not have a area in the waters off of Fort Monroe, to the regulations in the notice of significant impact to the human Virginia, which is located at Hampton proposed rulemaking section of the environment, and preparation of an Roads in the Chesapeake Bay. The Federal Register on February 27, 1996, environmental impact statement is not purpose of the amendment is to increase with the comment period expiring on required. Copies of the environmental the size of the restricted area to protect April 12, 1996 (61 FR 7231–7132). We assessment may be reviewed at the sensitive test equipment operated by the received no comments in response to District Offices listed at the end of Navy in that area. The equipment is the proposed rule. The Commander, SUPPLEMENTARY INFORMATION, above. susceptible to damage by commercial Naval Base, Pearl Harbor has requested fishing vessels, anchoring and dragging. that minor editorial changes be made to List of Subjects in 33 CFR Part 334 The Corps is amending the regulations the regulations which establish several Navigation (water), Transportation, which establish a restricted area in danger zones in the waters offshore of Danger Zones. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34733

For the reasons set out in the (c) Enforcing agency. The regulations implementing regulations at 40 Code of preamble, 33 CFR Part 334 is amended in this section shall be enforced by Federal Regulations (CFR) part 70 as follows: Commander, Naval Base, Pearl Harbor, require that states seeking to administer Hawaii 96860–5020, and such agencies a title V operating permits program PART 334ÐDANGER ZONE AND as he/she may designated. develop and submit a program to EPA RESTRICTED AREA REGULATIONS Dated: June 19, 1996. by November 15, 1993, and that EPA act 1. The authority citation for Part 334 Stanley G. Genega, to approve or disapprove each program continues to read as follows: Major General, U.S. Army, Director of Civil within 1 year after receiving the submittal. EPA’s program review occurs Authority: 40 Stat. 266 (33 U.S.C. 1) and Works. [FR Doc. 96–16850 Filed 7–2–96; 8:45 am] pursuant to section 502 of the Act and 40 Stat. 892 (33 U.S.C. 3). the part 70 regulations, which together BILLING CODE 3710±92±M 2. Section 334.360 is amended by outline criteria for approval or revising paragraphs (a) and (b)(1) to read disapproval of an operating permits as follows: program submittal. Where a program ENVIRONMENTAL PROTECTION substantially, but not fully, meets the § 334.360 Chesapeake Bay off Fort AGENCY Monroe, Virginia; restricted area, U.S. Naval requirements of part 70, EPA may grant Base and Naval Surface Weapons Center. 40 CFR Part 70 the program interim approval for a period of up to 2 years. If EPA has not (a) The area. Beginning at latitude [AD-FRL±5530±4] fully approved a program by November 37°01′03′′, longitude 076°17′52′′; thence 15, 1995, or by the expiration of the to latitude 37°01′00′′, longitude Title V Clean Air Act Final Interim interim approval period, it must 076°16′11′′; thence to latitude 36°59′43′′, Approval of Operating Permits establish and implement a federal longitude 076°16′11′′; thence to latitude Program; Maryland program. 36°59′18′′, longitude 076°17′52′′; thence AGENCY: Environmental Protection to latitude 37°00′05′′, longitude EPA compiled a technical support Agency (EPA). 076°18′18′′; thence north along the document (TSD), associated with the seawall to the point of beginning. ACTION: Final Interim Approval. proposal, which contains a detailed (b) The regulations. (1) Anchoring, analysis of the operating permits SUMMARY: EPA is promulgating interim program. On October 30, 1995, EPA trawling, fishing and dragging are approval of the operating permits prohibited in the restricted area, and no proposed interim approval of the program submitted by Maryland for the operating permits program for object, either attached to a vessel or purpose of complying with federal otherwise, shall be placed on or near the Maryland, and requested comments on requirements for an approvable program that proposal. (See 60 FR 55231). In this bottom unless authorized by the Facility to issue operating permits to all major Manager, Naval Surface Warfare Center, document EPA is taking final action to stationary sources, and to certain other promulgate interim approval of the Dahlgren Division Coastal Systems sources. Maryland has substantially, but Station Detachment, Fort Monroe, operating permits program for not fully, met the requirements for an Maryland. Virginia. operating permits program set out in * * * * * title V of the Clean Air Act (CAA) and II. Analysis of State Submission 3. Section 334.530 is amended by 40 CFR part 70. Upon the effective date On May 9, 1995, Maryland submitted revising paragraph (b)(2) to read as of this program approval, those sources an operating permits program to satisfy follows: must comply with Maryland’s the requirements of the CAA and 40 regulatory requirements to submit an CFR part 70 and the submittal was § 334.530 Canaveral Harbor adjacent to the application for an operating permit Navy Pier at Port Canaveral, Fla.; restricted found to be administratively complete pursuant to the state’s submittal area. pursuant to 40 CFR 70.4(e)(1). The schedule. * * * * * submittal was supplemented by EFFECTIVE DATE: (b) * * * August 2, 1996. additional material on June 9, 1995. (2) The area will be closed when a red ADDRESSES: Copies of Maryland’s EPA reviewed the program against the square flag (bravo), and depending on submittal and other supporting criteria for approval in section 502 of the status of the hazardous operation, information used in developing the final the CAA and the part 70 regulations. either an amber or red beacon, steady interim approval are available for EPA determined, as fully described in burning or rotating, day or night, when inspection during normal business the notice of proposed interim approval displayed from any of the three berths hours at the following location: Air, of the state’s operating permits program along the wharf. Radiation, and Toxics Division, U.S. (see 60 FR 55231 (October 30, 1995)) Environmental Protection Agency, * * * * * and the TSD for this action, that Region III, 841 Chestnut Building, 4. Section 334.1340 is amended by Maryland’s operating permits program Philadelphia, PA 19107. redesignating paragraphs (a)(3) and substantially meets the requirements of (a)(4) as paragraphs (a)(1) and (a)(2), FOR FURTHER INFORMATION CONTACT: Lisa the CAA and part 70. M. Donahue, (3AT23), Air, Radiation respectively, revising the heading of III. Response to Public Comments newly designated paragraph (a)(2), and and Toxics Division, U.S. revising paragraph (c) to read as follows: Environmental Protection Agency, EPA received several comments Region III, 841 Chestnut Building, during the public comment period. § 334.1340 Pacific Ocean, Hawaii; danger Philadelphia, PA 19107, (215) 566– Additional comments to clarify zones. 2062, [email protected]. comments submitted during the (a) Danger zones. (1) * * * SUPPLEMENTARY INFORMATION: comment period were submitted after (2) Submerged unexploded ordnance the expiration of the public comment danger zone, Kahoolawe Island, Hawaii. I. Background period. These comments and EPA’s *** Title V of the 1990 CAA Amendments responses are grouped into four * * * * * (sections 501–507 of CAA), and categories. All comments are contained 34734 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations in the docket at the address noted in the person who could obtain judicial review order to fully meet the standing ADDRESSES section above. of the action under any applicable state requirements for judicial review law. EPA believes that for a state title V required by CAA section 502(b)(6) and A. Judicial Standing operating permits program to be 40 CFR 70.4(b)(3)(x), MESA must be Comment 1: One commenter approved by EPA, that program must amended to accord such non-state expressed the belief that EPA was provide access to judicial review to any residents and organizations the same overstepping its authority in proposing party who participated in the public standing to challenge part 70 permit that Maryland amend the Maryland comment process and who at a decisions as other ‘‘persons’’ defined in Environmental Standing Act (MESA) to minimum meets the threshold standing MESA, or, in the alternative, other afford non-state residents and requirements of Article III of the U.S. appropriate legislative action must be organizations the same standing rights Constitution. taken to ensure that standing as other ‘‘persons’’ as defined in MESA. EPA’s interpretation is consistent requirements for such organizations are Citing the 10th amendment to the U.S. with the language, structure, and not more restrictive than the minimum Constitution, the commenter argues that legislative history of the Act, under requirements of Article III of the U.S. the regulation of state courts is clearly which it is clear that affected members Constitution as they apply to federal a right reserved to the states and that the of the public must have an opportunity courts. Maryland common law ‘‘specific for judicial review of permit actions to Comment 3: One commenter argues interest or property right’’ test of harm ensure an adequate and meaningful that judicial review under the Maryland is a reasonable criteria for determining opportunity for public participation in Administrative Processes Act (APA) is standing in a state court that EPA the permit process. See, Chafee-Baucus unavailable in Maryland for a part 70 should not seek to alter. Statement of Senate Managers, S. 1630, permit and the scope of review under EPA Response to comment 1: EPA the Clean Air Act Amendments of 1990, MESA is much narrower than that does not agree that Maryland’s common reprinted in 136 Cong. Rec. S169941 afforded under the APA. The law standing requirements fully meet (daily ed. October 27, 1990). The commenter further asserts that MESA the standards of title V. Moreover, EPA legislative history, together with the does not abrogate the existing does not believe that section 502(b)(6) of expansive language of section 502(b)(6), requirement of exhaustion of remedies, the CAA, and the requirements of 40 demonstrates the clear intent of the expresses due process concerns inherent CFR 70.4(b)(3)(x) regarding the Congress to provide citizens a broad under Maryland APA standing necessary opportunity for judicial opportunity for judicial review. principles and questions whether MESA review of permit actions represent an EPA’s position regarding the Article can serve as the ‘‘primary avenue’’ for unconstitutional invasion of state III standard recently was affirmed by the third parties to obtain judicial review of sovereignty or a coercion of state U.S. Court of Appeals for the Fourth part 70 permits issued by MDE. A legislative or regulatory action since, Circuit in Commonwealth of Virginia v. second commenter generally asserted under title V, states are required to Carol M. Browner, et al., No. 95–1052, the belief that Maryland’s permit amend their standing laws only if they 1996 U.S. App. Lexis 5334 (4th Cir. Mar. program effectively precludes citizen wish to obtain EPA approval under the 26, 1996). The Fourth Circuit Court of suits under all circumstances and is CAA. If a state elects not to participate Appeals therein held that: deficient in its citizen suit ‘‘standing’’ in implementing title V, it is free to Here, EPA resolved the slight tension provisions. make that choice. EPA’s position has within § 502(b)(6) by interpreting the section EPA Response to comment 3: The been upheld recently at both the Federal to require that states, at a minimum, extend Maryland Attorney General District Court and Appellate Court judicial review rights to participants in the acknowledges that in order to obtain levels. See, State of Missouri and Mel state public comment process who satisfy the judicial review under the APA, a party Carnahan v. U.S., et al, No. standard for Article III standing. This must show that the party has been 4:94CV01288 ELF, 1996 U.S. Dist. Lexis resolution is both authorized by Congress ‘‘aggrieved’’. The Maryland Attorney 3215 (E.D. Mo. Feb. 5, 1996). See also, and reasonable, and therefore we must reject General recognizes that MESA cannot be Commonwealth of Virginia v. Carol Virginia’s alternative interpretation. used for this purpose and that MESA Browner, et al., No. 95–1052, 1996 U.S. Commonwealth v. Browner, 1996 U.S. does not provide standing for a direct App. Lexis 5334 (4th Cir. Mar. 26, App. Lexis 5334 at 25–26. judicial review of permit actions under 1996). Certain parties, including non-state Maryland’s APA. See, Medical Waste Comment 2: Two commenters, residents and organizations not doing Associates, Inc. v. Maryland Waste including the Maryland Department of business in Maryland, do not fall within Coalition, Inc., 327 Md. 596, 612 A.2d the Environment (MDE), expressed MESA’s definition of ‘‘person’’ and 241 (1992). Citing Medical Waste, the disagreement with EPA’s evaluation that cannot take advantage of the standing Maryland Attorney General concludes title V standing criteria must meet the provisions of MESA. These parties are that MESA cannot be used by a plaintiff minimum requirements of Article III of required to establish standing for organization to create standing rights the U.S. Constitution. One of these judicial review under the Maryland that the organization otherwise would commenters disagreed with EPA’s common law of standing. While not have to obtain judicial review of a conclusion that MESA consequently Maryland’s program submittal provides contested case decision under the APA. provides an inadequate opportunity for adequate standing for state residents However, the Maryland Attorney judicial review of part 70 permits. and organizations doing business in General concludes that the decision in EPA Response to comment 2: Section Maryland and thus substantially meets Medical Waste has relevance to the 502(b)(6) states that every approvable the standing requirements of title V of scope of review available under MESA permit program must provide the the CAA and 40 CFR part 70, EPA has only with respect to MDE permits that applicant and ‘‘any person who concluded that Maryland standing are subject to contested case hearings. participated in the public comment requirements are somewhat less The Maryland Attorney General states process’’ with the opportunity for favorable than the standing that part 70 operating permits will not judicial review of the final permit action requirements of Article III with respect be subject to contested case proceedings in state court. The same opportunity to non-state residents and organizations and that Medical Waste should not be must also be afforded to any other not doing business in Maryland. In seen as controlling with respect to part Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34735

70 permits, especially where MDE has Maryland has done with state the event that a Maryland judicial specified that MESA is the appropriate regulations promulgated under the decision having precedential effect is mechanism for obtaining judicial review Federal Surface Mining Control and issued in the future which makes of such permits. Reclamation Act. MESA’s standing requirements more The Maryland Attorney General EPA Response to comment 4: EPA stringent than Article III standing acknowledges that the nature and scope believes that the commenter may have requirements, EPA will take appropriate of review that is available with respect identified one of several potential action under 40 CFR 70.10(c). to part 70 operating permits will depend alternatives available to Maryland to Comment 7: One commenter notes on the issues raised by the petitioner meet fully the requirements of CAA that organizational standing under and on the type of action brought. section 502(b)(6) and 40 CFR Maryland common law is significantly However, the Maryland Attorney 70.4(b)(3)(x). However, EPA does not more restrictive than under Federal law General notes that the Maryland Court believe that Maryland must select this in that the organization’s members must of Appeals, in discussing the type of particular alternative in order to meet the ‘‘special harm’’ test and the review available in an adjudicative type maintain part 70 approval status. organization itself must have its own of permit review proceeding, has stated Comment 5: One commenter notes ‘‘property’’ interest, separate and that: that the Maryland APA requirement that distinct from that of its members and a party be ‘‘aggrieved’’ mirrors general the public at large. Consequently, such an administrative common law standing principles EPA Response to comment 7: EPA has proceeding, even if not subject to judicial review under the APA, would be subject to applicable to judicial review of identified the commenter’s concerns as judicial review, of essentially the same scope, administrative decisions, but asserts an interim approval issue and agrees in an action for mandamus, certiorari, that Maryland imposes a ‘‘special that Maryland standing requirements injunction, or declaratory judgment. interest’’ requirement whereby a party are somewhat less favorable than the ‘‘ordinarily must’’ show that his standing requirements of Article III with Medical Waste, 327 Md. at 610. personal property rights are specially respect to organizations not doing The Maryland Attorney General affected in a way different from the business in Maryland. See, 60 FR 55231, further asserts that, in the absence of an general public in order to have common 55233. The federal courts interpret express provision for review, actions for law standing. The commenter states that Article III to provide standing for declaratory or injunctive relief, as well Maryland’s ‘‘special interest’’ organizations in actions brought to as mandamus, are available to persons requirement differs significantly from protect the interests of their members, challenging state permit issuance. The the ‘‘general interest’’ requirement provided certain conditions are met. Maryland Attorney General notes that a under the Federal rule and that the See, Chesapeake Bay Foundation v. reviewing court essentially may provide Court of Special Appeals of Maryland Bethlehem Steel Corp., 608 F.Supp. 440 the same remedies that a person could has virtually excluded anyone but an (D. Md. 1985). Under the Maryland obtain from judicial review under the adjoining property holder from meeting common law of standing, an APA and that MESA, therefore, should the ‘‘special harm’’ requirement of organization must have an interest of its provide the basis for judicial review of standing. own, separate and distinct from that of any part 70 permit in which MDE fails EPA Response to comment 5: No its individual members, in order to correctly to apply applicable CAA Maryland appellate decision has establish standing. Medical Waste requirements that pertain to the source articulated those ‘‘interests’’ which are Associates, Inc. v. Maryland Waste covered under the permit. As to the sufficient to establish standing on the Coalition, 327 Md. 596 (1992). However, issue of exhaustion of remedies, neither part of an individual in an the Maryland Attorney General notes title V nor 40 CFR part 70 prohibit an environmental permit case. In the event that if at least one plaintiff in an action administrative remedy exhaustion that a Maryland judicial decision having for review of a permit establishes requirement. precedential effect is issued in the standing, the Maryland courts will not On the basis of the Maryland Attorney future which makes Maryland common ordinarily inquire as to whether other General’s Opinion, it appears that law standing requirements more plaintiffs have standing. Therefore, an review of essentially equivalent scope as stringent than Article III standing organization doing business outside of direct judicial review is available in requirements, EPA will take appropriate Maryland may be able to participate in administrative proceedings such as action under 40 CFR 70.10(c) (‘‘Criteria a permit challenge on behalf of its permit issuances or denials, even if not for Withdrawal of State Programs’’). individual members if other parties subject to direct review under the Comment 6: One commenter asserts having the requisite standing also join Maryland APA. Nevertheless, Maryland that MESA places major limitations as plaintiffs in the action. could avoid the risk of any future upon when and where a private citizen Maryland’s program submittal Maryland judicial decision interpreting may initiate an action and that judicial substantially meets the standing MESA or Maryland’s common law of application of MESA renders nugatory requirements of title V of the CAA and standing in such a manner as potentially MESA’s supposedly broad standing 40 CFR part 70. However, in order to to compromise Maryland’s part 70 requirements. meet fully the requirements of section approval status if Maryland were to EPA Response to comment 6: While it 502(b)(6) of the CAA and 40 CFR amend its state APA to provide directly is clear that MESA confers standing on 70.4(b)(3)(x), MESA must be amended to for the opportunity for judicial review of any individual citizen residing ‘‘in the accord non-state residents and permit actions in state court, consistent county or Baltimore City where the organizations not doing business in with CAA section 502(b)(6) and 40 CFR action is brought’’, no reported Maryland the same standing to 70.4(b)(3)(x). Maryland appellate decision has challenge part 70 permit decisions as Comment 4: One commenter opines interpreted the additional standard set other ‘‘persons’’ as defined in MESA, or, that Maryland part 70 regulations forth in MESA which confers standing in the alternative, other appropriate should be able to provide expressly for on any individual citizen able to legislative action must be taken to standing consistent with existing ‘‘demonstrate that the alleged condition, ensure that standing requirements for Federal law through an adoption of the activity, or failure complained of affects such organizations are not more Federal definition of standing, as the environment where he resides.’’ In restrictive than the minimum 34736 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations requirements of Article III of the U.S. of an interim approval period if commenter recommended that the funds Constitution as they apply to federal Maryland has not timely submitted a be placed in an interest bearing account, courts. complete corrective program or EPA has and credited to sources, according to the Comment 8: One commenter disapproved a submitted corrective proportion of the total of all emission questions where the Maryland Attorney program. fees which were paid by the source in General finds support for the a timely manner. proposition that Maryland would B. Programmatic Issues EPA Response to Comment 11: Part 70 recognize a non-economic interest as Comment 10: A commenter disagreed requires that states establish a fee sufficient for standing purposes. The with EPA’s statement that any schedule that results in revenues commenter considers it clear that relaxation of a compliance plan or sufficient to cover the permit program Maryland recognizes only an schedule must be processed as a costs. Part 70 does not specify how individual’s ‘‘health or property’’ significant permit modification. The surplus funds from one year should be interest and that not one single case commenter believes that Maryland carried over to fund the next year, and allows recreational, environmental or should be allowed discretion to process does not require that funds be placed in aesthetic interests as being sufficient to insubstantial changes to a compliance an interest bearing account and credited constitute the type of special interest plan or schedule as either to sources. Maryland has discretion to needed to establish standing under administrative or minor permit manage surplus funds as the state Maryland common law (i.e., non-MESA) revisions, and cites an example. The determines is appropriate, provided that standing. commenter believes that it is the funds are used solely for title V EPA Response to comment 8: There inappropriate to require a significant purposes and in accordance with the are no reported cases in Maryland that permit modification for a one month provisions of part 70. The state is also would preclude a non-economic interest delay in meeting a compliance required under part 70.9(d) to provide (such as a recreational, conservational milestone, when the state can assure periodic accounting updates or aesthetic interest) from constituting that the source is acting in good faith demonstrating how fee revenues are the type of specific interest needed to and that the delay is beyond the used solely to cover the costs of establish standing under Maryland source’s control. The commenter implementing the title V program. common law. If a Maryland judicial believes that this provision of the Comment 12: A commenter requested decision having precedential effect is regulation (Code of Maryland that EPA encourage Maryland to adopt issued in the future limiting the special Regulations (COMAR) 26.11.03.14.C) a ‘‘trivial activities’’ list and set up a interest required for standing to should be approved as currently process for approving trivial activities economic interests, then the Maryland written. on a case by case basis, as provided for standing requirement would become EPA Response to Comment 10: EPA in the EPA’s ‘‘White Paper for more stringent than Article III standing agrees with the comment and revises its Streamlined Development of Part 70 requirements. See e.g., Commonwealth position, removing the requirement to Permit Applications.’’ of Virginia v. Carol M. Browner, et al., revise COMAR 26.11.03.14C as set out EPA Response to Comment 12: As No. 95–1052, 1996 U.S. App. Lexis 5334 in the proposed interim approval notice. discussed in the ‘‘White Paper for (plaintiff need not show ‘‘pecuniary’’ COMAR 26.11.03.14C does not prohibit Streamlined Development Part 70 harm to have Article III standing; injury MDE from considering a change to a Permit Applications’’, dated July 10, to health or to aesthetic, environmental, compliance plan as a significant permit 1995, EPA believes that, in addition to or recreational interests will suffice). modification. Rather, it provides an the insignificant activity provisions of See, also, United States v. Students additional requirement for changes to part 70.5(c), part 70.5 allows permitting Challenging Regulatory Agency compliance plans. Whereas sources may authorities to recognize certain activities Procedures (SCRAP), 412 U.S. 669, 686– make changes addressed in as being clearly trivial (i.e., emissions 87 (1973); Sierra Club v. Morton, 405 administrative permit amendments (see units and activities which do not in any U.S. 727, 734 (1972). EPA would then COMAR 26.11.03.15F) or minor permit way implicate applicable requirements) take appropriate action under 40 CFR modifications (with some exceptions, and that such trivial activities can be 70.10(c). see COMAR 26.11.03.16G) before MDE omitted from the permit application Comment 9: One commenter asked completes its amendment or even if not included on a list of that EPA disapprove the Maryland part modification, changes to compliance insignificant activities approved in a 70 Permit Program and take the first plans may not be made until they have state’s part 70 program. Permitting steps to institute discretionary been approved in writing. The criteria authorities may, on a case-by-case basis sanctions. for determining the type of permit and without EPA approval, exempt EPA Response to comment 9: modification that is required in any additional activities which are clearly Maryland’s part 70 Permit Program particular instance are set out at trivial. However, additional exemptions, submittal does not meet fully the COMAR 26.11.03.14–19. In keeping to the extent that the activities they requirements of title V of the CAA and with these criteria, Maryland has the cover are not clearly trivial, still need to 40 CFR part 70 and full approval by discretion to treat ‘‘insubstantial’’ be approved by EPA before being added EPA is inappropriate. However, changes as administrative or minor to state lists of insignificant activities. Maryland’s part 70 Permit Program permit modifications, as appropriate. While part 70.5 has been interpreted to submittal substantially meets the Comment 11: A commenter expressed allow flexibility for the determination of requirements of title V of the CAA and support for MDE’s plan to place fee trivial activities, EPA will defer to 40 CFR part 70 and interim approval is revenues from the title V program into Maryland to determine whether similar appropriate. During the interim a segregated portion of the Air and flexibility exists under its own permit approval period, which may extend for Radiation Management and application provisions. EPA believes up to 2 years, Maryland is protected Administration’s budget. Maryland’s that it is appropriate to have such from sanctions for failure to have a fully title V program allows surplus funds determinations made in the first approved title V, part 70 program. EPA from previous years to be carried over instance at the state level as the decision may apply discretionary sanctions, to the following year and used solely for of whether any particular item should where warranted, any time after the end the part 70 permit program. The be on a state’s trivial list may depend on Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34737 state-specific factors, such as whether forms that best meet program needs and pursuant to MESA. EPA recognizes that the activity is subject to state-only administrative efficiency. Part 70.5(c) non-state residents must establish requirements or specific requirements of specifies the minimum types of standing pursuant to Maryland common the SIP. information that must be included in law, which requires a ‘‘specific interest Comment 13: A commenter urged permit applications. or property right’’ such that the party EPA to allow the state to provide more C. Decision for ‘‘Interim’’ Approval will suffer harm that is different in kind time for facilities to submit permit from that suffered from the general applications. Maryland requires Comment 14: One general comment public. However, there are no reported facilities to submit permit applications raised with respect to several of the cases in Maryland that would preclude on a staggered basis within 4, 6 or 8 proposed interim approval issues non-economic interests such as months after the effective date of EPA’s questions why such program recreational, conservational or aesthetic approval of the title V program. The deficiencies warrant interim approval interests from constituting the type of commenter is concerned that pending status. Although this same comment specific interest needed for standing. In rulemakings for the title V program and was submitted with respect to several of the event that a Maryland decision monitoring requirements are needed to the proposed interim approval issues, having precedential effect subsequently determine what will be required in a EPA will respond to this comment limits the special interest required for title V permit application and permit. generally in this rulemaking action. standing to economic interests, or Further, the commenter requested EPA EPA Response to comment 14: The otherwise makes the Maryland standing to develop a national standard for part 70 regulations define the minimum requirements more stringent that Article permit application forms, so that no one elements required by the CAA for III standing requirements, EPA has company or state would have a greater approval of state operating permit previously stated its intent to take or lesser burden in completing its programs. Section 70.4(d) authorizes appropriate action under 40 CFR EPA to grant interim approval in permit application. 70.10(c). EPA also acknowledges, as an situations where a state’s program EPA Response to Comment 13: interim approval issue, that Maryland substantially meets the requirements of Section 503(c) of the CAA requires that standing requirements are somewhat part 70, but is not fully approvable. In any person required to have a permit less favorable than the standing reviewing Maryland’s operating permit shall submit to the permitting authority requirements of Article III with respect regulations, several instances in which a permit application and compliance to organizations not doing business in the impact of seemingly ‘‘small’’ plan not later than 12 months after the Maryland and that Maryland must deficiencies such as vague or awkward date on which the source becomes accord non-state residents and language, misplaced, misreferenced or subject to the program, or such earlier organizations not doing business in the mislabeled provisions prevents EPA date as the permitting authority may state the same standing rights to establish. This requirement is from being able to determine that the challenge part 70 permit decisions as established by regulation at 40 CFR part requirements of part 70 are fully met. other ‘‘persons’’ as defined in MESA. In 70.5(a)(1). EPA has no authority to allow EPA identified such deficiencies as the interim, an organization doing states to extend the time frame for ‘‘interim approval issues’’ which business outside Maryland still may be sources to submit permit applications Maryland must revise, modify or able to participate in a permit challenge beyond the required 12 months. The otherwise clarify to fully meet part 70’s on behalf of its individual members if it CAA and part 70 provide states requirements. To the extent that EPA’s joins other plaintiffs who already have discretion to establish earlier due dates concerns can be satisfied through other the requisite standing in the action, as for sources to submit permit mechanisms, regulatory revision may Maryland courts will not ordinarily applications. Many states, including not be necessary. Maryland, have done so, particularly so Comment 15: Commenters also have inquire as to whether other plaintiffs that they will be able to meet the questioned the propriety of EPA’s have standing. requirement for issuing one-third of proposal to grant interim approval For these reasons, EPA believes that permits within the first year of title V status to Maryland’s title V Program in Maryland’s program currently provides program approval. EPA supports states’ light of recognized deficiencies in the the requisite standing for judicial review decisions to establish earlier due dates Program’s standing requirements for to the broad majority of prospective for permit applications and believes that judicial review and have previously plaintiffs in part 70 state permit actions Maryland’s approach is reasonable. suggested that EPA may be applying and substantially meets the EPA’s pending rulemakings inconsistent approval standards and an requirements of part 70. EPA further pertaining to the title V program and inconsistent level of review and believes that Maryland’s program meets monitoring requirements do not have an comment among the various state and each of the minimum requirements of impact on the information that sources local jurisdictions seeking operating 40 CFR 70.4(d)(3), such that interim must include in permit applications. permit program approvals under title V approval should be granted to Sources subject to Maryland’s title V of the CAA. Maryland’s title V Program. program, once approved, will be subject EPA Response to comment 15: EPA EPA has applied consistent review, to the requirements for permit believes that MESA provides adequate comment and approval standards among applications found in Maryland’s standing for judicial review to Maryland the various jurisdictions seeking regulations (primarily COMAR residents and corporations, and any approval of operating permit programs 26.11.03.02, 26.11.03.03, and partnership, organization, association or under title V of the CAA. EPA evaluates 26.11.03.04). legal entity doing business in the state, each program separately to determine if EPA does not agree that a national all of whom are defined as ‘‘persons’’ it meets the requirements of 40 CFR part standardized permit application form therein. EPA further believes that the 70 and has not proposed approval for should be established. Part 70.5(c) substantial majority of challenges to any state operating permits program that requires the state to provide a standard state permit actions will be brought by does not substantially meet the application form(s) and provides that resident individuals and organizations requirements for standing for judicial the permitting authority may use its doing business within the state and who review as required by section 502(b)(6) discretion in developing application will have standing for judicial review of the Act and 40 CFR 70.4(b)(3)(x). 34738 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Some commenters have questioned which would provide states the to apply one of the sanctions in section the consistency of EPA’s review, flexibility to match the level of review 179(b) of the Act, which will remain in comment and approval standards with of permit revisions to the environmental effect until EPA determines that respect to the issue of standing for significance of the operational change. Maryland has corrected the deficiency judicial review because EPA proposes to EPA Response to Comment 16: This by submitting a complete corrective grant interim approval status to comment does not pertain to EPA’s program. Moreover, if the Administrator Maryland’s title V Program after proposed interim approval action for finds a lack of good faith on the part of acknowledging certain deficiencies in Maryland’s title V program. EPA’s Maryland, both sanctions under section Maryland’s program submittal. These approval action for Maryland is based 179(b) will apply after the expiration of commenters note that EPA previously on 40 CFR part 70 as promulgated on the 18-month period until the denied approval of the Commonwealth July 21, 1992. Once EPA promulgates Administrator determined that of Virginia’s Program upon finding that final revisions to the part 70 program, Maryland had come into compliance. In limitations on judicial review in the state will be required to amend its any case, if, six months after application Virginia did not meet the minimum title V program to reflect the changes. of the first sanction, Maryland still has threshold standing requirements of FINAL ACTION: EPA is promulgating not submitted a corrective program that Article III. interim approval of the operating EPA has found complete, a second On the basis of five disapproval permits program submitted by Maryland sanction will be required. issues, including the issue of standing on May 9, 1995, and supplemented on If EPA disapproves Maryland’s for judicial review, EPA determined that June 9, 1995. Maryland must make the complete corrective program, EPA will Virginia’s operating program submittal changes identified in the notice of be required to apply one of the section did not substantially meet the proposed rulemaking, with the 179(b) sanctions on the date 18 months requirements of part 70 and, therefore, exception noted in Comment 10 above, after the effective date of the was not eligible for interim approval. in order to fully meet the requirements disapproval, unless prior to the date on (See 59 FR 62324 (December 5, 1994)). of the July 21, 1992 version of part 70 which the sanction would be applied On the issue of standing for judicial (See 60 FR 55231, October 30, 1995). Maryland has submitted a revised review, EPA took particular note that The scope of Maryland’s part 70 program and EPA has determined that it section 10.1–1318(B) of the Code of program approved in this action applies corrected the deficiencies that prompted Virginia extends the right to seek to all part 70 sources (as defined in the the disapproval. Moreover, if the judicial review only to persons who approved program) within Maryland, Administrator finds a lack of good faith have suffered ‘‘actual, threatened, or except any sources of air pollution over on the part of Maryland, both sanctions imminent injury * ** ’’ where ‘‘such which an Indian Tribe has jurisdiction. under section 179(b) shall apply after injury is an invasion of an immediate, See, e.g., 59 FR 55813, 55815–18 (Nov. the expiration of the 18-month period legally protected, pecuniary and 9, 1994). The term ‘‘Indian Tribe’’ is until the Administrator determines that substantial interest which is concrete defined under the Act as ‘‘any Indian Maryland has come into compliance. In and particularized * * * ’’ and found tribe, band, nation, or other organized all cases, if, six months after EPA that the limitations on judicial review in group or community, including any applies the first sanction, Maryland has Virginia did not meet the minimum Alaska Native village, which is federally not submitted a revised program that threshold standing requirements of recognized as eligible for the special EPA has determined corrects the Article II of the U.S. Constitution and programs and services provided by the deficiencies, a second sanction is did not meet the minimum program United States to Indians because of their required. approval criteria under title V. (See 59 status as Indians.’’ See section 302(r) of In addition, discretionary sanctions FR 31183, 31184 (June 17, 1994)). the CAA; see also 59 FR 43956, 43962 may be applied where warranted any The strict limitations on judicial (Aug. 25, 1994); 58 FR 54364 (Oct. 21, time after the expiration of an interim review which are contained in 1993). approval period if Maryland has not Virginia’s program submittal are in This interim approval extends until timely submitted a complete corrective sharp contrast to the comparatively August 3, 1998. During this interim program or EPA has disapproved its minor limitations on judicial review approval period, Maryland is protected submitted corrective program. contained in Maryland’s operating from sanctions for failure to have a fully Moreover, if EPA has not granted full program submittal (as described above). approved title V, part 70 program, and approval to Maryland’s program by the Because Maryland’s program submittal EPA is not obligated to promulgate, expiration of the interim approval confers general standing privileges on administer and enforce a federal period, EPA must promulgate, all state residents and organizations operating permits program in Maryland. administer and enforce a federal permits doing business in the state (i.e., the Permits issued under a program with program for Maryland upon the date the broad majority of potential plaintiffs), interim approval have full standing with interim approval period expires. and for the additional reasons explained respect to part 70, and the 1-year time Requirements for approval, specified above, EPA believes that Maryland’s period for submittal of permit in 40 CFR 70.4(b), encompass the CAA’s program submittal substantially meets applications by subject sources begins section 112(l)(5) requirements for the standing requirements of title V of upon the effective date of this interim approval of a program for delegation of the CAA and 40 CFR part 70. EPA approval, as does the 3-year time period section 112 standards as promulgated by further believes that such a finding is for processing the initial permit EPA as they apply to part 70 sources. factually appropriate and is consistent applications. Section 112(l)(5) requires that the state’s with applicable approval standards and If Maryland fails to submit a complete program contain adequate authorities, prior EPA program evaluations. corrective program for full approval by adequate resources for implementation, February 3, 1998, EPA will start an 18- and an expeditious compliance D. Part 70 Supplemental Rule month clock for mandatory sanctions. If schedule, which are also requirements Comment 16: A commenter expressed Maryland then fails to submit a under part 70. Therefore, EPA is also support for EPA’s supplemental corrective program that EPA finds promulgating approval under section proposed rule for the title V program complete before the expiration of that 112(l)(5) and 40 CFR 63.91 of (See 60 FR 45530, August 31, 1995) 18-month period, EPA will be required Maryland’s program for receiving Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34739 delegation of section 112 standards that List of Subjects in 40 CFR Part 70 number, [OPP–300420A] may be are unchanged from federal standards as Environmental Protection, submitted to: Hearing Clerk (1900), promulgated. This program for Administrative practice and procedure, Environmental Protection Agency, Rm. delegations only applies to sources Air pollution control, Intergovernmental M3708, 401 M St., SW., Washington, DC covered by the part 70 program. relations, Operating permits, and 20460. A copy of any objections and Additionally, EPA is promulgating Reporting and recordkeeping hearing requests filed with the Hearing approval of Maryland’s operating requirements. Clerk should be identified by the permits program, under the authority of document control number and title V and part 70 for the purpose of Dated: June 19, 1996. submitted to: Public Response and implementing section 112(g) to the W. Michael McCabe, Program Resources Branch, Field extent necessary during the transition Regional Administrator. Operations Division (7506C), Office of period between promulgation of the Part 70, title 40 of the Code of Federal Pesticide Programs, Environmental federal section 112(g) rule and adoption Regulations is amended as follows: Protection Agency, 401 M St., SW., of any necessary state rules to Washington, DC 20460. In person, bring implement EPA’s section 112(g) PART 70Ð[AMENDED] copy of objections and hearing request regulations. However, since this to: Rm. 1132, CM#2, 1921 Jefferson approval is for the purpose of providing 1. The authority citation for part 70 continues to read as follows: Davis Hwy., Arlington, VA 22202. Fees a mechanism to implement section accompanying objections shall be 112(g) during the transition period, the Authority: 42 U.S.C. 7401, et seq. labeled ‘‘Tolerance Petition Fees’’ and approval of the operating permits 2. Appendix A to part 70 is amended forwarded to: EPA Headquarters program for this purpose will be by adding the entry for Maryland in Accounting Operations Branch, OPP without effect if EPA decides in the alphabetical order to read as follows: (Tolerance Fees), P.O. Box 360277M, final section 112(g) rule that sources are Appendix A to Part 70—Approval Pittsburgh, PA 15251. not subject to the requirements of the A copy of objections and hearing Status of State and Local Operating rule until state regulations are adopted. requests filed with the Hearing Clerk Permits Programs Although section 112(l) generally may also be submitted electronically by provides the authority for approval of * * * * * sending electronic mail (e-mail) to: opp- state air toxics programs, title V and Maryland [email protected]. Copies of section 112(g) provide authority for this objections and hearing requests must be limited approval because of the direct (a) Maryland Department of the submitted as an ASCII file avoiding the linkage between implementation of Environment: submitted on May 9, use of special characters and any form section 112(g) and title V. Unless the 1995; interim approval effective on of encryption. Copies of objections and federal section 112(g) rule establishes a August 2, 1996; interim approval hearing requests will also be accepted specific time frame for the adoption of expires August 3, 1998. on disks in WordPerfect in 5.1 file state rules, the duration of this approval (b) Reserved format or ASCII file format. All copies is limited to 18 months following * * * * * of objections and hearing requests in promulgation by EPA of section 112(g) [FR Doc. 96–17020 Filed 7–3–96; 8:45 am] electronic form must be identified by regulations, to provide the state with BILLING CODE 6560±50±P the docket number [OPP–300420A]. No adequate time to adopt regulations ‘‘Confidential Business Information’’ consistent with federal requirements. (CBI) should be submitted through e- The Office of Management and Budget 40 CFR Part 180 mail. Electronic comments on this has exempted this action from Executive proposed rule may be filed online at Order 12866 review. [OPP±300420A; FRL±5381±5] many Federal Depository Libraries. EPA’s actions under section 502 of the RIN 2070±AB78 Act do not create any new requirements, Additional information on electronic submissions can be found below in this but simply address operating permits Potassium Citrate; Tolerance document. programs submitted to satisfy the Exemption requirements of 40 CFR part 70. Because FOR FURTHER INFORMATION CONTACT: By this action to grant interim approval of AGENCY: Environmental Protection mail: Amelia M. Acierto, Registration Maryland’s operating permits program Agency (EPA). Support Branch, Registration Division pursuant to title V of the CAA and 40 ACTION: Final rule. (7505W), Office of Pesticide Programs, CFR part 70 does not impose any new Environmental Protection Agency, 401 requirements, it does not have a SUMMARY: This document establishes an M St., SW., Washington, DC 20460. significant impact on a substantial exemption from the requirement of a Office location and telephone number: number of small entities. tolerance for residues of potassium Westfield Building North, 6th Fl., 2800 EPA has determined that this action, citrate (CAS Reg. No. 866–84–2), when Crystal Drive, Arlington, VA 22202, promulgating interim approval of used as an inert ingredient (chelating (703) 308–8375; e-mail: Maryland’s operating permits program, agent and pH control) in pesticide [email protected]. does not include a federal mandate that formulations applied to growing crops, SUPPLEMENTARY INFORMATION: In the may result in estimated costs of $100 raw agricultural commodities after Federal Register of April 10, 1996 (61 million or more to either state, local, or harvest and animals. This regulation FR 15915), EPA issued a proposed rule tribal governments in the aggregate, or was requested by Monsanto Company (FRL–5361–2) gave notice that to the private sector. This federal action and Zeneca Ag Products, pursuant to Monsanto Company, 700 14th Street, approves pre-existing requirements the Federal Food, Drug, and Cosmetic NW., Washington, DC 20005 had under state or local law, and imposes no Act (FFDCA). submitted pesticide petition (PP) new federal requirements. Accordingly, EFFECTIVE DATE: This regulation 6E4607 and Zeneca Ag Products, 1800 no additional costs to state, local, or becomes effective July 3, 1996. Concord Pike, Wilmington, DE 19850– tribal governments, or to the private ADDRESSES: Written objections, 5458 had submitted pesticide petition sector result from this action. identified by the document control (PP) 6E4637 to EPA requesting that the 34740 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Administrator, pursuant to section the Administrator determines that the more, or adversely and materially 408(e) of the Federal Food, Drug, and material submitted shows the following: affecting a sector of the economy, Cosmetic Act (FFDCA), 21 U.S.C. There is a genuine and substantial issue productivity, competition, jobs, the 346a(e), propose to amend 40 CFR of fact; there is a reasonable possibility environment, public health or safety, or 180.1001(c) and (e) by establishing an that available evidence identified by the State, local or tribal governments or exemption from the requirement of a requestor would, if established, resolve communities (also known as tolerance for residues of potassium one or more of such issues in favor of ‘‘economically significant’’); (2) creating citrate (CAS Reg. No. 866–84–2) when the requestor, taking into account serious inconsistency or otherwise used as an inert ingredient (chelating uncontested claims or facts to the interfering with an action taken or agent and pH control) in pesticide contrary; and resolution of the factual planned by another agency; (3) formulations applied to growing crops, issue(s) in the manner sought by the materially altering the budgetary raw agricultural commodities after requestor would be adequate to justify impacts of entitlement, grants, user fees, harvest and animals. the action requested (40 CFR 178.32). or loan programs; or (4) raising novel Inert ingredients are all ingredients A record has been established for this legal or policy issues arising out of legal that are not active ingredients as defined rulemaking under docket number [OPP– mandates, the President’s priorities, or in 40 CFR 153.125, and include, but are 300420A] (including objections and the principles set forth in this Executive not limited to, the following types of hearing requests submitted Order. ingredients (except when they have a electronically as described below). A Pursuant to the terms of this pesticidal efficacy of their own): public version of this record, including Executive Order, EPA has determined Solvents such as alcohols and printed, paper versions of electronic that this rule is not ‘‘significant’’ and is hydrocarbons; surfactants such as comments, which does not include any therefore not subject to OMB review. polyoxyethylene polymers and fatty information claimed as CBI is available acids; carriers such as clay and for public inspection from 8 a.m. to 4:30 This action does not impose any diatomaceous earth; thickeners such as p.m.,Monday through Friday, excluding enforceable duty, or contain any carrageenan and modified cellulose; legal holidays. The public record is ‘‘unfunded mandates’’ as described in wetting, spreading, and dispersing located in Room 1132 of the Public Title II of the Unfunded Mandates agents; propellants in aerosol Response and Program Resources Reform Act of 1995 (Pub. L. 104–4), or dispensers; microencapsulating agents; Branch, Field Operations Division require prior consultation as specified and emulsifiers. The term ‘‘inert’’ is not (7506C), Office of Pesticide Programs, by Executive Order 12875 (58 FR 58093, intended to imply nontoxicity; the Environmental Protection Agency, October 28, 1993), entitled Enhancing ingredient may or may not be Crystal Mall 1B2, 1921 Jefferson Davis the Intergovernmental Partnership, or chemically active. Highway, Arlington, VA. special consideration as required by There were no comments or requests A copy of electronic objections and Executive Order 12898 (59 FR 7629, for referral to an advisory committee hearing requests filed with the Hearing February 16, 1994). received in response to the proposed Clerk can be sent directly to EPA at: Under 5 U.S.C. 801(a)(1)(A) of the rule. [email protected] Administrative Procedure Act (APA) as The data submitted relevant to the amended by the Small Business proposal and other relevant material Regulatory Enforcement Fairness Act of A copy of electronic objections and have been evaluated and discussed in 1996 (Title II of Pub. L. 104–121, 110 hearing requests filed with the Hearing the proposed rule. Based on the data Stat. 847), EPA submitted a report Clerk must be submitted as an ASCII file and information considered, the Agency containing this rule and other required avoiding the use of special characters concludes that the tolerance exemption information to the U.S. Senate, the U.S. and any form of encryption. will protect the public health. House of Representatives and the The official record for this Therefore, the tolerance exemption is Comptroller General of the General rulemaking, as well as the public established as set forth below. Accounting Office prior to publication Any person adversely affected by this version, as described above will be kept of the rule in today’s Federal Register. regulation may, within 30 days after in paper form. Accordingly, EPA will This rule is (is not) a ‘‘major rule’’ as publication of this document in the transfer all comments received defined by 5 U.S.C. 804(2) of the APA Federal Register, file written objections electronically into printed, paper form as amended. and/or request a hearing with the as they are received and will place the Hearing Clerk, at the address given paper copies in the official rulemaking Pursuant to the requirements of the above (40 CFR 178.20). A copy of the record which will also include all Regulatory Flexibility Act (5 U.S.C. objections and/or hearing requests filed comments submitted directly in writing. 601–612), the Administrator has with the Hearing Clerk should be The official rulemaking record is the determined that regulations establishing submitted to the OPP docket for this paper record maintained at the address new tolerances or raising tolerance rulemaking. The objections submitted in ‘‘ADDRESSES’’ at the beginning of levels or establishing exemptions from must specify the provisions of the this document. tolerance requirements do not have a regulation deemed objectionable and the Under Executive Order 12866 (58 FR significant economic impact on a grounds for the objections (40 CFR 51735, October 4, 1993), the Agency substantial number of small entities. A 178.25). Each objection must be must determine whether the regulatory certification statement to this effect was accompanied by the fee prescribed by action is ‘‘significant’’ and therefore published in the Federal Register of 40 CFR 180.33(i). If a hearing is subject to all the requirements of the May 4, 1981 (46 FR 24950). requested, the objections must include a Executive Order (i.e., Regulatory Impact List of Subjects in 40 CFR Part 180 statement of the factual issue(s) on Analysis, review by the Office of which a hearing is requested, the Management and Budget (OMB)). Under Environmental protection, requestor’s contentions on such issues, section 3(f), the order defines Administrative practice and procedure, and a summary of any evidence relied ‘‘significant’’ as those actions likely to Agricultural commodities, Pesticides upon by the objector (40 CFR 178.27). A lead to a rule (1) having an annual effect and pests, Reporting and recordkeeping request for a hearing will be granted if on the economy of $100 million or requirements. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34741

Dated: June 24, 1996. PART 180Ð[AMENDED] alphabetically the inert ingredient, to read as follows: Peter Caulkins, 1. The authority citation for part 180 Acting Director, Registration Division, Office continues to read as follows: § 180.1001 Exemptions from the of Pesticide Programs. Authority: 21 U.S.C. 346a and 371. requirement of a tolerance. * * * * * Therefore, 40 CFR part 180 is amended as follows: 2. In § 180.1001 the table to paragraph (c) * * * (c) and (e) is amended by adding

Inert ingredients Limits Uses

******* Potassium citrate (CAS Reg. No. 866±84±2) ...... Chelating agent, pH control

*******

(e) * * *

Inert ingredients Limits Uses

******* Potassium citrate (CAS Reg. No. 866±84±2) ...... Chelating agent, pH control

*******

[FR Doc. 96–16859 Filed 7–2–96; 8:45 am] Clerk (1900), Environmental Protection Libraries. Additional information on BILLING CODE 6560±50±F Agency, Rm. M3708, 401 M St., SW., electronic submissions can be found Washington, DC 20460. A copy of any below in this document. objections and hearing requests filed FOR FURTHER INFORMATION CONTACT: By 40 CFR Part 180 with the Hearing Clerk should be mail: Amelia M. Acierto, Registration [OPP±300419A; FRL±5381±2] identified by the docket number and submitted to: Public Response and Support Branch, Registration Division RIN 2070±AB78 Program Resources Branch, Field (7505W), Office of Pesticide Programs, Operations Division (7506C), Office of Environmental Protection Agency, 401 Pentaerythritol Stearates; Tolerance Pesticide Programs, Environmental M St., SW., Washington, DC 20460. Exemption Protection Agency, 401 M St., SW., Office location and telephone number: Westfield Building North, 6th Fl., 2800 AGENCY: Environmental Protection Washington, DC 20460. In person, bring copy of objections and hearing request Crystal Drive, Arlington, VA 22202, Agency (EPA). (703) 308–8375; e-mail: ACTION: Final rule. to: Rm. 1132, CM#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees [email protected]. SUMMARY: This document establishes an accompanying objections shall be SUPPLEMENTARY INFORMATION: In the exemption from the requirement of a labeled ‘‘Tolerance Petition Fees’’ and Federal Register of April 17, 1996 (61 tolerance for residues of a mixture of forwarded to: EPA Headquarters FR 16747), EPA issued a proposed rule chemicals known as pentaerythritol Accounting Operations Branch, OPP (FRL–5355–7), gave notice that Wacker stearates (CAS Reg. No. 85116–93–4), (Tolerance Fees), P.O. Box 360277M, Silicones Corporation, 3301 Sutton which include pentaerythritol Pittsburgh, PA 15251. Road, Adrian, Michigan 49221–9397 monostearate (CAS Reg. No. 78–23–9), A copy of objections and hearing had submitted pesticide petition (PP) pentaerythritol distearate (CAS Reg. No. requests filed with the Hearing Clerk 4E4378 to EPA requesting that the 13081–97–5), pentaerythritol tristearate may also be submitted electronically by Administrator, pursuant to section (CAS Reg. No. 28188–24–1), and sending electronic mail (e-mail) to: opp- 408(e) of the Federal Food, Drug, and pentaerythritol tetrastearate (CAS Reg. [email protected]. Cosmetic Act (FFDCA), 21 U.S.C. No. 115–83–3) when used as an inert Copies of objections and hearing 346a(e), propose to amend 40 CFR ingredient (emulsifier) at a requests must be submitted as an ASCII 180.1001(c) by establishing an concentration of no more than 25 ppm file avoiding the use of special exemption from the requirement of a in pesticide formulations applied to characters and any form of encryption. tolerance for residues of a mixture of growing crops and to raw agricultural Copies of objections and hearing chemicals known as pentaerythritol commodities after harvest. This requests will also be accepted on disks stearates (pentaerythritol monostearate regulation was requested by Wacker in WordPerfect 5.1 file format or ASCII (CAS Reg. No. 78–23–9), pentaerythritol Silicones Corporation, pursuant to the file format. All copies of objections and distearate (CAS Reg. No. 13081–97–5), Federal Food, Drug, and Cosmetic Act hearing requests in electronic form must pentaerythritol tristearate (CAS Reg. No. (FFDCA). be identified by the docket number 28188–24–1) and pentaerythritol EFFECTIVE DATE: This regulation (OPP–300419A). No ‘‘Confidential tetrastearate (CAS Reg. No. 115–83–3) becomes effective July 3, 1996. Business Information’’ (CBI) should be when used as an inert ingredient ADDRESSES: Written objections, submitted through e-mail. Electronic (emulsifier) in pesticide formulations identified by the docket number, [OPP– comments on this proposed rule may be applied to growing crops or to raw 300419A] may be submitted to: Hearing filed online at many Federal Depository agricultural commodities after harvest. 34742 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Inert ingredients are all ingredients A record has been established for this mandates, the President’s priorities, or that are not active ingredients as defined rulemaking under docket number (OPP– the principles set forth in this Executive in 40 CFR 153.125, and include, but are 300419A) (including objections and Order. Pursuant to the terms of the not limited to, the following types of hearing requests submitted Executive Order, EPA has determined ingredients (except when they have a electronically as described below). A that this rule is not ‘‘significant’’ and is pesticidal efficacy of their own): public version of this record, including therefore not subject to OMB review. Solvents such as alcohols and printed, paper versions of electronic This action does not impose any hydrocarbons; surfactants such as comments, which does not include any enforceable duty, or contain any polyoxyethylene polymers and fatty information claimed as CBI is available ‘‘unfunded mandates’’ as described in acids; carriers such as clay and for public inspection from 8 a.m. to 4:30 Title II of the Unfunded Mandates diatomaceous earth; thickeners such as p.m., Monday through Friday, excluding Reform Act of 1995 (Pub. L. 104–4), or carrageenan and modified cellulose; legal holidays. The public record is require prior consultation as specified wetting, spreading, and dispersing located in Room 1132 of the Public by Executive Order 12875 (58 FR 58093, agents; propellants in aerosol Response and Program Resources October 28, 1993), entitled Enhancing dispensers; microencapsulating agents; Branch, Field Operations Division the Intergovernmental Partnership, or and emulsifiers. The term ‘‘inert’’ is not (7506C), Office of Pesticide Programs, special consideration as required by intended to imply nontoxicity; the Environmental Protection Agency, Executive Order 12898 (59 FR 7629, ingredient may or may not be Crystal Mall #2, 1921 Jefferson Davis February 16, 1994). chemically active. Highway, Arlington, VA. There were no comments or requests Electronic comments may be sent Under 5 U.S.C. 801(a)(1)(A) of the for referral to an advisory committee directly to EPA at: Administrative Procedure Act (APA) as received in response to the proposed [email protected]. amended by the Small Business rule. Regulatory Enforcement Fairness Act of The data submitted relevant to the Electronic comments must be 1996 (Title II of Pub. L. 104–121, 110 proposal and other relevant material submitted as an ASCII file avoiding the Stat. 847), EPA submitted a report have been evaluated and discussed in use of special characters and any form containing this rule and other required the proposed rule. Based on the data of encryption. information to the U.S. Senate, the U.S. and information considered, the Agency The official record for this House of Representatives and the concludes that the tolerance exemption rulemaking, as well as the public Comptroller General of the General will protect the public health. version, as described above will be kept Accounting Office prior to publication Therefore, the tolerance exemption is in paper form. Accordingly, EPA will of the rule in today’s Federal Register. established as set forth below. transfer any copies of objections and This rule is not a ‘‘major rule’’ as Any person adversely affected by this hearing requests received electronically defined by 5 U.S.C. 804(2) of the APA regulation may, within 30 days after into printed, paper form as they are as amended. publication of this document in the received and will place the paper copies Pursuant to the requirements of the Federal Register, file written objections in the official rulemaking record which Regulatory Flexibility Act (Pub. L. 96– and/or request a hearing with the will also include all comments 354, 94 Stat. 1164, 5 U.S.C. 601–612), Hearing Clerk, at the address given submitted directly in writing. The the Administrator has determined that above (40 CFR 178.20). A copy of the official rulemaking record is the paper regulations establishing new tolerances objections and/or hearing requests filed record maintained at the Virginia or raising tolerance levels or with the Hearing Clerk should be address in ‘‘ADDRESSES’’ at the establishing exemptions from tolerance submitted to the OPP docket for this beginning of this document. rulemaking. The objections submitted Under Executive Order 12866 (58 FR requirements do not have a significant must specify the provisions of the 51735, Oct. 4, 1993), the Agency must economic impact on a substantial regulation deemed objectionable and the determine whether the regulatory action number of small entities. A certification grounds for the objections (40 CFR is ‘‘significant’’ and therefore subject to statement to this effect was published in 178.25). Each objection must be review by the Office of Management and the Federal Register of May 4, 1981 (46 accompanied by the fee prescribed by Budget (OMB) and the requirements of FR 24950). 40 CFR 180.33(i). If a hearing is the Executive Order. Under section 3(f), List of Subjects in 40 CFR Part 180 requested, the objections must include a the order defines a ‘‘significant statement of the factual issue(s) on regulatory action’’ as an action that is Environmental protection, which a hearing is requested, the likely to result in a rule (1) having an Administrative practice and procedure, requestor’s contentions on such issues, annual effect on the economy of $100 Agricultural commodities, Pesticides and a summary of any evidence relied million or more, or adversely and and pests, Reporting and recordkeeping upon by the objector (40 CFR 178.27). A materially affecting a sector of the requirements. request for a hearing will be granted if economy, productivity, competition, Dated: June 24, 1996. the Administrator determines that the jobs, the environment, public health or material submitted shows the following: safety, or State, local, or tribal Peter Caulkins, There is a genuine and substantial issue governments or communities (also Acting Director, Registration Division, Office of fact; there is a reasonable possibility referred to as ‘‘economically of Pesticide Programs. that available evidence identified by the significant’’); (2) creating serious requestor would, if established, resolve inconsistency or otherwise interfering Therefore, 40 CFR part 180 is one or more of such issues in favor of with an action taken or planned by amended as follows: the requestor, taking into account another agency; (3) materially altering uncontested claims or facts to the the budgetary impacts of entitlement, PART 180Ð[AMENDED] contrary; and resolution of the factual grants, user fees, or loan programs or the issue(s) in the manner sought by the rights and obligations of recipients 1. The authority citation for part 180 requestor would be adequate to justify thereof; or (4) raising novel legal or continues to read as follows: the action requested (40 CFR 178.32). policy issues arising out of legal Authority: 21 U.S.C. 346a and 371. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34743

2. The table in § 180.1001(c) is § 180.1001 Exemptions from the (c) * * * amended by adding alphabetically the requirement of a tolerance. inert ingredient, to read as follows: * * * * *

Inert ingredients Limits Uses

******* Pentaerythritol stearates mixture (CAS Reg. No. No more than 25 ppm in pes- Emulsifier 85116±93±4) which include pentaerythritol mono- ticide formulations. stearate (CAS Reg. No. 78±23±9), pentaerythritol distearate (CAS Reg. No. 13081±97±5), pentaeryth- ritol tristearate (CAS Reg. No. 28188±24±1) and pentaerythritol tetrastearate (CAS Reg. No. 115±83± 3).

*******

* * * * * FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 [FR Doc. 96–16857 Filed 7–2–96; 8:45 am] Sharon P. McDonald, Mass Media Bureau, (202) 418–2180. [MM Docket No. 96±25; RM±8752] BILLING CODE 6560±50±F SUPPLEMENTARY INFORMATION: This is a Radio Broadcasting Services; Forest synopsis of the Commission’s Report Acres, SC and Order, MM Docket No. 95–27, FEDERAL COMMUNICATIONS AGENCY: Federal Communications adopted June 21, 1996, and released COMMISSION Commission. June 28, 1996. The full text of this ACTION: Final rule. 47 CFR Part 73 Commission decision is available for inspection and copying during normal SUMMARY: The Commission, at the [MM Docket No. 96±27; RM±8750] business hours in the FCC Reference request of Kuhel Communications, Center (Room 239), 1919 M Street, NW., allots Channel 232A at Forest Acres, Radio Broadcasting Services; Pullman, Washington, DC. The complete text of South Carolina, as the community’s first WA this decision may also be purchased local aural transmission service. See 61 from the Commission’s copy FR 9411, March 8, 1996. Channel 232A AGENCY: Federal Communications contractors, International Transcription can be allotted to Forest Acres in Commission. Service, Inc., (202) 857–3800, 2100 M compliance with the Commission’s ACTION: Final rule. Street, NW., Suite 140, Washington, DC minimum distance separation SUMMARY: The Commission, at the 20037. requirements without the imposition of a site restriction. The coordinates for request of Keith E. Lamonica, allots List of Subjects in 47 CFR Part 73 Channel 249A at Pullman, Washington, Channel 232A at Forest Acres are North as the community’s third local Radio broadcasting. Latitude 34–01–09 and West Longitude commercial FM transmission service 80–59–24. With this action, this See 61 FR 9410, March 8, 1996. Channel Part 73 of title 47 of the Code of proceeding is terminated. 249A can be allotted to Pullman in Federal Regulations is amended as DATES: Effective August 12 1996. The compliance with the Commission’s follows: window period for filing applications minimum distance separation will open on August 12, 1996 and close requirements with a site restriction of PART 73Ð[AMENDED] on September 12, 1996. 8.8 kilometers (5.5 miles) east to avoid FOR FURTHER INFORMATION CONTACT: a short-spacing to the construction 1. The authority citation for part 73 Sharon P. McDonald, Mass Media permit site of Station WLKY(FM), continues to read as follows: Bureau, (202) 418–2180. Channel 250C1, Milton-Freewater, Authority: Sections 303, 48 Stat., as SUPPLEMENTARY INFORMATION: This is a Oregon, and to the licensed site of amended, 1082; 47 U.S.C. 154, as amended. synopsis of the Commission’s Report Station KISC(FM), Channel 251C, and Order, MM Docket No. 96–25, § 973.202 [Amended] Spokane, Washington. The coordinates adopted June 21, 1996, and released for Channel 249A at Pullman are North 2. Section 73.202(b), the Table of FM June 28, 1996. The full text of this Latitude 46–44–37 and West Longitude Allotments under Washington, is Commission decision is available for 117–03–34. Since Pullman is located amended by adding Channel 249A at inspection and copying during normal within 320 kilometers (200 miles) of the Pullman. business hours in the FCC Reference U.S.-Canadian border, concurrence of Center (Room 239), 1919 M Street, NW., Federal Communications Commission. the Canadian government has been Washington, DC. The complete text of obtained. With this action, this John A. Karousos, this decision may also be purchased proceeding is terminated. Chief, Allocations Branch, Policy and Rules from the Commission’s copy DATES: Effective August 12, 1996. The Division, Mass Media Bureau. contractors, International Transcription window period for filing applications [FR Doc. 96–16954 Filed 7–2–96; 8:45 am] Service, Inc., (202) 857–3800, 2100 M will open on August 12, 1996, and close BILLING CODE 6712±01±F Street, NW., Suite 140, Washington, DC on September 12, 1996. 20037. 34744 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Richmond in compliance with the Radio broadcasting. Leslie K. Shapiro, Mass Media Bureau, Commission’s minimum distance (202) 418–2180. separation requirements and can be Part 73 of title 47 of the Code of SUPPLEMENTARY INFORMATION: This is a used at the transmitter sites specified in Federal Regulations is amended as synopsis of the Commission’s Report Stations WDYL(FM)’s and WSMJ(FM)’s follows: and Order, MM Docket No. 95–46, authorizations, respectively. The coordinates for Channel 266A at PART 73Ð[AMENDED] adopted June 21, 1996, and released June 28, 1996. The full text of this Chester, Virginia, are 37–22–58 and 77– 1. The authority citation for part 73 Commission decision is available for 25–41. The coordinates for Channel continues to read as follows: inspection and copying during normal 289A at Richmond, Virginia, are 37–30– 52 and 77–30–28. With this action, this Authority: Sections 303, 48 Stat., as business hours in the FCC Reference amended, 1082; 47 U.S.C. 154, as amended. Center (Room 239), 1919 M Street, NW. proceeding is terminated. Washington, DC. The complete text of EFFECTIVE DATE: August 12, 1996. § 73.202 [Amended] this decision may also be purchased FOR FURTHER INFORMATION CONTACT: Pam 2. Section 73.202(b), the Table of FM from the Commission’s copy contractor, Blumenthal, Mass Media Bureau, (202) Allotments under South Carolina, is International Transcription Service, 418–2180. amended by adding Forest Acres, Inc., (202) 857–3800, 2100 M Street, SUPPLEMENTARY INFORMATION: This is a Channel 232A. NW., Suite 140, Washington, DC 20037. synopsis of the Commission’s Report Federal Communications Commission. List of Subjects in 47 CFR Part 73 and Order, MM Docket No.96–29, John A. Karousos, adopted June 21, 1996, and released Radio broadcasting. Chief, Allocations Branch, Policy and Rules June 28, 1996. The full text of this Division, Mass Media Bureau. Part 73 of title 47 of the Code of Commission decision is available for [FR Doc. 96–16955 Filed 7–2–96; 8:45 am] Federal Regulations is amended as inspection and copying during normal BILLING CODE 6712±01±F follows: business hours in the FCC Reference Center (Room 239), 1919 M Street, NW., PART 73Ð[AMENDED] Washington, DC. The complete text of this decision may also be purchased 47 CFR Part 73 1. The authority citation for part 73 from the Commission’s copy contractor, continues to read as follows: [MM Docket No. 95±46; RM±8594] ITS, Inc., (202) 857–3800, 2100 M Authority: Secs. 303, 48 Stat., as amended, Street, NW., Suite 140, Washington, DC Radio Broadcasting Services; 1082; 47 U.S.C. 154, as amended. 20037. Edenton, Columbia and Pine Knoll § 73.202 [Amended] List of Subjects in 47 CFR Part 73 Shores, NC 2. Section 73.202(b), the Table of FM Radio broadcasting. AGENCY: Federal Communications Allotments under North Carolina, is Commission. amended by removing Channel 273C2 at Part 73 of title 47 of the Code of Federal Regulations is amended as ACTION: Final rule. Edenton and adding Channel 273C1 at Columbia. follows: SUMMARY: The Commission, at the Federal Communications Commission. PART 73Ð[AMENDED] request of Lawrence F. and Margaret A. John A. Karousos, Loesch, substitutes Channel 273C1 for Chief, Allocations Branch, Policy and Rules 1. The authority citation for part 73 Channel 273C2 at Edenton, NC, reallots Division, Mass Media Bureau. continues to read as follows: Channel 273C1 from Edenton to [FR Doc. 96–16956 Filed 7–2–96; 8:45 am] Authority: Secs. 303, 48 Stat., as amended, Columbia, NC, and modifies the license 1082; 47 U.S.C. 154, as amended. of Station WERX-FM to specify BILLING CODE 6712±01±F operation on the higher class channel § 73.202 [Amended] and Columbia as its community of 47 CFR Part 73 2. Section 73.202(b), the Table of FM license. See 60 FR 19878, April 21, Allotments under Virginia, is amended 1995. The proposal to substitute [MM Docket No. 96±29; RM±8731] by removing Channel 289A and adding Channel 290A for vacant but applied-for Channel 266A at Chester; and by Channel 272A at Pine Knoll Shores, NC, Radio Broadcasting Services; Chester removing Channel 266A and adding is moot since the Commission deleted and Richmond, VA Channel 289A at Richmond. the channel, without replacement, and AGENCY: Federal Communications Federal Communications Commission. dismissed the sole application for the Commission. John A. Karousos, channel. See 10 FCC Rcd 13159 (1995). ACTION: Final rule. Chief, Allocations Branch, Policy and Rules Channel 273C1 can be allotted to Division, Mass Media Bureau. Columbia in compliance with the SUMMARY: The Commission, at the [FR Doc. 96–16957 Filed 7–2–96; 8:45 am] Commission’s minimum distance request of Hoffman Communications, BILLING CODE 6712±01±F separation requirements with a site Inc., substitutes Channel 266A for restriction of 24.7 kilometers (15.3 Channel 289A for Station WDYL(FM) at miles) south-southeast, at coordinates Chester, Virginia; and substitutes 47 CFR Part 73 35–42–48 NL; 76–08–34 WL, to avoid Channel 289A for Channel 266A for short-spacings to Stations WOLC, Station WSMJ(FM) at Richmond, [MM Docket No. 96±30; RM±8762] Channel 273B, Princess, MD, and Virginia; and modifies the WHLQ, Channel 273A, Louisburg, NC. Television Broadcasting Services; authorizations of Station WDYL(FM) Antigo, WI With this action, this proceeding is and WSMJ(FM), respectively. Channel terminated. 266A can be allotted to Chester and AGENCY: Federal Communications EFFECTIVE DATE: August 12, 1996. Channel 289A can be allotted to Commission. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34745

ACTION: Final rule. DEPARTMENT OF TRANSPORTATION third board, the Board of Review, recommends separation of the officer, SUMMARY: Action in this proceeding Office of the Secretary 14 U.S.C. 326 requires that allots UHF Television Channel 46 to recommendation to be forwarded to the 49 CFR Part 1 Antigo, Wisconsin, in response to a Secretary for final action. On January 6, petition filed by Robert J. Cox d/b/a [OST Docket No. 1; Amdt. 1±277] 1987, then Secretary Elizabeth Dole Native American Television. The delegated the Secretary’s authority coordinates for Channel 46 at Antigo are Organization and Delegation of Powers under 14 U.S.C. 326 to the Commandant 45–08–54 and 89–09–00. Canadian and Duties; Delegation to the of the Coast Guard. The necessary concurrence has been obtained for this Commandant, United States Coast changes to the Code of Federal Regulations were never completed, allotment. Guard however, and the current CFR sections EFFECTIVE DATE: August 12, 1996. AGENCY: Office of the Secretary, DOT. relating to delegations still show this ACTION: Final rule. authority reserved to the Secretary of FOR FURTHER INFORMATION CONTACT: Transportation. (See 49 CFR 1.44(m)(4)). Kathleen Scheuerle, Mass Media SUMMARY: The Secretary of This rule removes the reservations of Bureau, (202) 418–2180. Transportation has delegated to the authority in section 1.44 and adds Commandant, United States Coast SUPPLEMENTARY INFORMATION: This is a specific delegations of authority to 49 Guard, the authority contained in 14 summary of the Commission’s Report CFR 1.46, thus amending the U.S.C. 326 to remove an officer from codification to correctly reflect and Order, MM Docket No. 96–30, active duty, and the authority in 14 adopted June 21, 1996, and released secretarial delegations of authority to U.S.C. 256(b), to establish the promotion the Commandant of the Coast Guard. June 28, 1996. The full text of this zone for rear admiral (lower half). The Since this amendment relates to Commission decision is available for Code of Federal Regulations does not departmental management, inspection and copying during normal reflect these delegations; therefore, a organization, procedure, and practice, business hours in the Commission’s change is necessary. notice and comment on it are Reference Center (Room 239), 1919 M EFFECTIVE DATE: July 3, 1996. Street, NW., Washington, DC. The unnecessary and it may be made FOR FURTHER INFORMATION CONTACT: complete text of this decision may also effective in fewer than 30 days after LCDR Michael Lehocky, Human publication in the Federal Register. be purchased from the Commission’s Resources Directorate, (202) 267–1664, Therefore, this final rule is effective copy contractors, International U.S. Coast Guard, 2100 Second Street, upon publication in the Federal Transcription Services, Inc., 2100 M SW., Washington, DC 20593; LCDR Register. Street, NW., Suite 140, Washington, DC Vincent DeLaurentis, Coast Guard 20037, (202) 857–3800. Personnel Command, (202) 267–2883, List of Subjects in 49 CFR Part 1 List of Subjects in 47 CFR Part 73 U.S. Coast Guard, 2100 Second Street, Authority delegations (Government SW., Washington, DC 20593; or Ronald agencies), Organization and functions Television broadcasting. Gordon, Executive Secretariat, (202) (Government agencies). 366–9761, Department of In consideration of the foregoing, Part Part 73 of title 47 of the Code of Transportation, 400 Seventh Street, 1 of Title 49, Code of Federal Federal Regulations is amended as SW., Washington, DC 20590. Regulations, is amended to read as follows: SUPPLEMENTARY INFORMATION: Section follows: PART 73Ð[AMENDED] 256(b) of Title 14, U.S. Code contains the Secretary’s authority to establish the PART 1Ð[AMENDED] 1. The authority citation for part 73 promotion zone for rear admirals. On 1. The authority citation for Part 1 continues to read as follows: September 16, 1986, then Secretary continues to read as follows: Elizabeth Dole delegated to the Authority: Secs. 303, 48 Stat., as amended, Commandant, United States Coast Authority: 49 U.S.C. 322; Pub.L. 101–552, 1082; 47 U.S.C. 154, as amended. Guard, the Secretary’s authority under 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2). 14 U.S.C. 256(b) to establish the § 73.606 [Amended] § 1.44 [Amended] promotion zone for rear admiral (lower 2. Sections 1.44(m)(3) and 1.44(m)(4) 2. Section 73.606(b), the Table of TV half) provided that all captains eligible are removed and reserved. Allotments under Wisconsin, is for consideration under the provisions amended by adding Antigo, Channel 46. of section 257(a)(5), Title 14, U.S. Code § 1.46 [Amended] are placed in the zone. The necessary Federal Communications Commission. 3. Section 1.46 is amended by adding changes to the Code of Federal John A. Karousos, new paragraphs (aaa) and (bbb) to read Regulations were never completed, as follows: Chief, Allocations Branch, Policy and Rules however, and the current CFR sections Division, Mass Media Bureau. relating to delegations still show this § 1.46 Delegations to Commandant of the [FR Doc. 96–16953 Filed 7–2–96; 8:45 am] authority reserved to the Secretary of Coast Guard. BILLING CODE 6712±01±F Transportation. (See 49 CFR 1.44(m)(3)). * * * * * Title 14, U.S. Code, sections 321, 322, (aaa) Establish the promotion zone for and 323 provide a three-board rear admiral (lower half), provided all (Determination Board, Board of Inquiry, captains eligible for consideration under and Board of Review) process to the provisions of section 257(a)(5), Title consider the record of a Coast Guard 14, U.S. Code, are placed in the zone. officer whose performance is (bbb) Remove an officer from active substandard or whose record shows duty under section 326, Title 14, U.S. moral or professional dereliction. If the Code. 34746 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Issued at Washington, DC, this 21st day of 030896E) that is the subject of FR Doc. On February 16, 1996, the U.S. June 1996. 96–13690 is corrected as follows: District Court for the Eastern District of Federico F. Pen˜ a, Virginia, Norfolk Division, ordered that § 630.25 [Corrected] Secretary of Transportation. the final rule ‘‘is vacated and the [FR Doc. 96–16935 Filed 7–2–96; 8:45 am] On page 27308, in the first column, in Secretary of Commerce and his amendatory instruction seven, ‘‘second’’ BILLING CODE 4910±62±M designees are hereby enjoined from is corrected to read ‘‘first’’. enforcing the Atlantic Coast Weakfish Dated: June 25, 1996. Moratorium in the Exclusive Economic DEPARTMENT OF COMMERCE Nancy Foster, Zone, promulgated at 60 FR 58245 (Nov. Deputy Assistant Administrator for Fisheries, 27, 1995).’’ National Oceanic and Atmospheric National Marine Fisheries Service. Upon the court’s ruling, fishermen Administration [FR Doc. 96–17053 Filed 7–2–96; 8:45 am] were immediately allowed to fish for BILLING CODE 3510±22±F weakfish in the EEZ. Accordingly, 50 CFR Part 630 NMFS is suspending the Federal regulations that imposed the [Docket No. 960314073±6145±02; I.D. 030896E] 50 CFR Part 697 moratorium. The suspension will remain in effect until replaced by other RIN 0648±AI23 [Docket No. 950605148±6180±03;I.D. regulations. NMFS is currently assessing 061296A] recent actions by the Commission and Atlantic Swordfish Fishery; Correction will proceed with rulemaking if RIN 0648±AH58 AGENCY: National Marine Fisheries appropriate. Service (NMFS), National Oceanic and Atlantic Weakfish Fisheries; Exclusive Classification Atmospheric Administration (NOAA), Economic Zone (EEZ) Moratorium Rule This action has been determined to be Commerce. Suspension not significant for purposes of E.O. ACTION: Correction to final regulation. AGENCY: National Marine Fisheries 12866. SUMMARY: This document contains a Service (NMFS), National Oceanic and Because this rule implements a correction to the final regulation (I.D. Atmospheric Administration (NOAA), February 16, 1996, court order to vacate 030896E) that was published Friday, Commerce. Federal regulations (60 FR 58246, May 31, 1996, (61 FR 27304). The final ACTION: Final rule. November 27, 1995) that imposed a rule amended the regulations governing moratorium on fishing for Atlantic Coast the Atlantic swordfish fishery by setting SUMMARY: On February 16, 1996, the weakfish in the EEZ, the Assistant the 1996 quotas, and adjusting the U.S. District Court for the Eastern Administrator for Fisheries (AA/F) for minimum size. District of Virginia, Norfolk Division, good cause, under 5 U.S.C.(b)(B), waives vacated the Federal regulations for the requirement to provide prior notice EFFECTIVE DATE: July 3, 1996. Atlantic Coast weakfish in the EEZ. and an opportunity for public comment, FOR FURTHER INFORMATION CONTACT: NMFS has not enforced the regulations as such procedures are unnecessary. Ronald G. Rinaldo or Rebecca Lent, since the court issued its order. In Similarly, the AA/F, finds good cause 301–713–2347; fax: 301–713–0596. accordance with the court’s order, under 5 U.S.C. 553(d)(3) to waive the SUPPLEMENTARY INFORMATION: NMFS is suspending the regulations on 30-day delay in the effective date. Background fishing for weakfish in the EEZ. The List of Subjects in 50 CFR Part 697 suspension will remain in effect until The final regulation that is the subject other regulations for weakfish are Fisheries, Fishing. of this correction establishes, within the implemented. Dated: June 27, 1996. 1996 quota, the amount of set aside for EFFECTIVE DATE: July 2, 1996. Gary Matlock, the harpoon segment of the fishery. In FOR FURTHER INFORMATION CONTACT: Program Management Officer, National § 630.25, the first sentence of paragraph Marine Fisheries Service. (b) was revised to establish a 21,500 lb Richard H. Schaefer, Director, Office of For the reasons set out in the (9,752 kg) dressed weight set aside for Fisheries Conservation and preamble, 50 CFR part 697 is amended the harpoon segment of the fishery Management, NMFS, 301–713–2334. as follows: during the June 1 through November 30 SUPPLEMENTARY INFORMATION: NMFS implemented a final rule to impose a semiannual period. PART 697ÐATLANTIC COASTAL moratorium on fishing for weakfish in FISHERIES COOPERATIVE Need for Correction the EEZ (60 FR 58246, November 27, MANAGEMENT As published, the final regulation 1995). The regulations were contains an error. In § 630.25, the subsequently revised (61 FR 29321, June 1. The authority citation for part 697 second sentence of paragraph (b) is 10, 1996) although they are not continues to read as follows: referenced instead of the first sentence currently enforced. The rule was Authority: 16 U.S.C. 5101 et seq. of paragraph (b). implemented to support conservation efforts developed through the Atlantic 2. In § 697.6, paragraph (a) is Correction of Publication States Marine Fisheries Commission’s suspended. Accordingly, the publication on May (Commission) Fishery Management Plan [FR Doc. 96–17050 Filed 7–2–96; 8:45 am] 31, 1996, of the final regulation (I.D. for Weakfish (FMP). BILLING CODE 3510±22±F 34747

Proposed Rules Federal Register Vol. 61, No. 129

Wednesday, July 3, 1996

This section of the FEDERAL REGISTER Greenland Drive. Park in the include four workshops facilitated by contains notices to the public of the proposed Greenland Drive parking lot and take trained APHIS facilitators, as follows: issuance of rules and regulations. The the shuttle bus to the James Union (1) Self-regulatory enforcement of the purpose of these notices is to give interested Building. HPA by USDA-certified horse industry persons an opportunity to participate in the 2. St. Louis, MO: The Adams Mark organizations; rule making prior to the adoption of the final (2) USDA certifications of horse rules. Hotel, Fourth and Chestnut, St. Louis, MO, (314) 241–7400. If traveling from industry organizations; Lambert International Airport, take I– (3) Uniform rules, regulations, and penalty systems; and DEPARTMENT OF AGRICULTURE 70 east to the Gateway Arch exit. The (4) Training and research under the Adams Mark Hotel is located at the HPA. Animal and Plant Health Inspection corner of Fourth and Chestnut. Service In these workshops, group 3. Sacramento, CA: Red Lion Hotel, Red participation will be used to develop Lion Ballroom, Sierra and Cascade 9 CFR Part 11 recommendations within specific topic Sections, 2001 Point West Way, areas. After the workshops have [Docket No. 96±037±1] Sacramento, CA, (916) 929–8855. The concluded, each workshop group will Red Lion Hotel is at the corner of report its recommendations to the entire Horse Protection; Public Meetings Point West Way and Arden Way. meeting. AGENCY: Animal and Plant Health FOR FURTHER INFORMATION CONTACT: Dr. APHIS will consider the Inspection Service, USDA. John V. Zisk, Director, Horse Protection, recommendations received in developing any revisions to the current ACTION: Notice of public meetings. Animal Care Staff, REAC, APHIS, USDA, 4700 River Road Unit 84, HPA regulations and standards. The SUMMARY: We are advising the public Riverdale, MD 20737–1234, (301) 734– Agency will initiate rulemaking for any that the Animal and Plant Health 7833. Copies of the ‘‘Strategic Plan’’ are changes deemed appropriate. Inspection Service (APHIS) is hosting a available through this office. Each of the workshops will be conducted twice at each meeting, once series of public meetings to discuss SUPPLEMENTARY INFORMATION: The in the morning and once in the proposed enforcement changes to the practice known as ‘‘soring’’ is the afternoon. Participants who intend to current Horse Protection Act. These causing of suffering in show horses to attend a full 1-day meeting are asked to proposals have been developed and are affect their performance in the show register for only one workshop for the outlined in the APHIS ‘‘Strategic Plan’’ ring. Under the Horse Protection Act morning and a different workshop for for Horse Protection. The development (HPA) (11 U.S.C. et seq.), the Animal the afternoon. Attendance may be of the strategic plan is in line with our and Plant Health Inspection Service limited for some workshops because of commitment to ensure appropriate care (APHIS) is responsible for eliminating for horses regulated under the Horse space availability. the practice of soring, by prohibiting the Registration will be held the day of Protection Act. We are reviewing the showing or selling of sored horses. current regulations and standards each meeting between 7:30 a.m. and APHIS believes the regulations and 8:30 a.m. at the entrance of the general promulgated under the Horse Protection standards established in accordance Act, and are seeking recommendations assembly meeting rooms. The general with the HPA may need to be updated, sessions will begin at 8:30 a.m. Any and opinions from affected industries and APHIS officials have proposed and other concerned members of the person who is unable to attend the program changes through a ‘‘Strategic meetings, but who wishes to comment public to determine which revisions are Plan.’’ In this plan, we have reviewed necessary and appropriate in order to on any of the topics covered by the four which areas of enforcement may require workshops, may send written comments further reduce the incidence of soring a change in regulations and standards and improve enforcement. to the person listed under FOR FURTHER based on our experience and knowledge INFORMATION CONTACT. DATES: The first meeting will be held in of the program. In developing these Murfreesboro, TN, on July 26, 1996. The proposed changes and conducting this Done in Washington, DC, this 27th day of June 1996. second meeting will be held in St. review, APHIS is seeking Terry L. Medley, Louis, MO, on August 2, 1996. The third recommendations and opinions meeting will be held in Sacramento, CA, regarding the following: The Acting Administrator, Animal and Plant Health Inspection Service. on August 16, 1996. Each meeting will enforcement of the HPA by USDA- be held from 7:30 a.m. until 6 p.m. certified horse industry organizations; [FR Doc. 96–16997 Filed 7–2–96; 8:45 am] ADDRESSES: The public meetings will be the certification status of horse industry BILLING CODE 3410±34±P held at the following locations: organizations; uniform systems of rules, 1. Murfreesboro, TN: Middle Tennessee regulations, and penalties; training and Food Safety and Inspection Service State University, Loop Drive, James research. As a forum for such Union Building, Tennessee Room, recommendations and opinions, APHIS 9 CFR Part 391 Murfreesboro, TN, (615) 898–2797. If will hold three meetings to gather input traveling from Nashville, take I–24 to from the public, including equine [Docket No. 96±013P] exit 78, then head east on Highway 96 protection organizations and members Fee Increase for Inspection Services (Old Fort Parkway) to Memorial of affected industries, such as the Boulevard (Highway 231). Turn right walking horse industry and related AGENCY: Food Safety and Inspection on Clark Boulevard, then left onto equine organizations. The meetings will Service, USDA. 34748 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

ACTION: Proposed rule. In addition to mandatory inspection, identification, and certification services, FSIS provides a range of voluntary overtime, and holiday inspection SUMMARY: The Food Safety and inspection services. Under the services primarily reflect the 1996 Inspection Service (FSIS) is proposing Agricultural Marketing Act of 1946, as increase in salaries of Federal to increase the fees FSIS charges meat amended (7 U.S.C. 1621 et seq.), FSIS employees allocated by Congress under and poultry establishments, importers, provides these services to assist in the the Federal Employees Pay and exporters for providing voluntary orderly marketing of various animal Comparability Act of 1990. The inspection, identification, and products and byproducts not subject to proposed fee decrease for laboratory certification services and overtime and the FMIA or the PPIA. The costs of services reflects the use of automated holiday services. These fee increases are voluntary inspection are totally equipment for testing laboratory based upon the Agency’s analysis of recoverable by the Federal Government. samples and other inspection related projected costs for fiscal year 1996, Each year, FSIS reviews the fees it services not covered under the base which identifies increased costs charges meat and poultry time, overtime, and holiday costs such resulting from the January 1996 FSIS establishments, importers, and exporters as travel expenses. national and locality pay raise average for providing voluntary inspection, The Administrator, Food Safety and of 2.4 percent for Federal employees identification, and certification services, Inspection Service, has determined that and increased health insurance costs. as well as overtime and holiday this action will not have a significant FSIS also is proposing to reduce the services, and performs a cost analysis to economic impact on a substantial fees charged for providing laboratory determine whether such fees are number of small entities as defined by services to meat and poultry adequate to recover the costs FSIS the Regulatory Flexibility Act (5 U.S.C. establishments. The Agency’s analysis incurs in providing the services. In its 601). The fee increases provided for in of projected costs for fiscal year 1996 analysis of projected costs for fiscal year this document will reflect a minimal identified decreased costs resulting from 1996, FSIS has identified increases in increase in the costs currently borne by the use of automated equipment for the costs of providing voluntary those entities which elect to utilize testing laboratory samples and for other inspection, identification, and certain inspection services and a inspection related services not covered certification services, as well as decrease in program support costs. under the base time, overtime, and overtime and holiday services. These holiday costs. increases are attributable to the average Executive Order 12778 DATES: Comments must be received on FSIS national and locality pay raise of This proposed rule has been reviewed or before: August 2, 1996. 2.4 percent for Federal employees under Executive Order 12778, Civil ADDRESSES: Submit an original and two effective January 1996 and increased Justice Reform. States and local copies of written comments concerning health insurance costs. jurisdictions are preempted by the this proposed rule to: FSIS Docket Accordingly, FSIS is proposing to FMIA and the PPIA from proposing any Clerk, Docket #96–013P, Room 4352, amend § 391.2 to increase the base time regulations or policies which conflict South Agriculture Building, Food Safety rate for providing voluntary inspection, with its provisions or which would and Inspection Service, U.S. Department identification, and certification services otherwise impede its full of Agriculture, Washington, DC 20250– from $31.92 per hour, per program implementation. This proposed rule is 3700. Persons preferring to present oral employee, to $32.88 per hour, per not intended to have retroactive effect. comments should contact William L. program employee. FSIS is proposing to There are no applicable administrative West at (202) 720–3367. FSIS’s cost amend § 391.3 to increase the rate for procedures that must be exhausted prior analysis and comments will be available providing overtime and holiday services to any judicial challenge to the for public inspection in the FSIS Docket from $32.96 per hour, per program provisions of this proposed rule. Room from 8:30 a.m. to 1 p.m. and from employee, to $33.76 per hour, per However, the administrative procedures 2 p.m. to 4:30 p.m., Monday through program employee. are set forth in 7 CFR part 1. Friday. In its analysis of projected costs for fiscal year 1996, FSIS also has identified List of Subjects in 9 CFR Part 391 FOR FURTHER INFORMATION CONTACT: Mr. a decrease in the cost of providing Fees and charges, Meat inspection, William L. West, Director, Budget and laboratory services to meat and poultry Finance Division, Administrative Poultry products inspection. establishments resulting from the use of For the reasons set out in the Management, Food Safety and automated equipment for testing Inspection Service, U.S. Department of preamble, 9 CFR part 391 is proposed to laboratory samples and for other be amended as set forth below. Agriculture, Washington, DC 20250– inspection services not covered under 3700, (202) 720–3367. the base time, overtime, and holiday PART 391ÐFEES AND CHARGES FOR SUPPLEMENTARY INFORMATION: costs, such as travel expenses. INSPECTION SERVICES Therefore, FSIS proposes to amend Background § 391.4 of the regulations to reduce the 1. The authority citation for part 391 The Federal Meat Inspection Act fee charged for providing laboratory is revised to read as follows: (FMIA) and the Poultry Products services from $52.92 per hour, per Authority: 7 U.S.C. 138f; 7 U.S.C. 394, Inspection Act (PPIA) provide for program employee, to $48.56 per hour, 1622, and 1624; 21 U.S.C. 451 et seq. 21 mandatory inspection by Federal per program employee. U.S.C. 601–695; 7 CFR 2.18 and 2.53. inspectors of meat and poultry Executive Order 12866 and Regulatory 2. Sections 391.2, 391.3, and 391.4 slaughtered and/or processed at official would be revised to read as follows: establishments. Such inspection is Flexibility Act required to ensure the safety, This proposed rule has been § 391.2 Base time rate. wholesomeness, and proper labeling of determined to be significant and was The base time rate for inspection meat and poultry products. The costs of reviewed by the Office of Management services provided pursuant to §§ 350.7, mandatory inspection (excluding such and Budget (OMB) under Executive 351.8, 351.9, 352.5, 354.101, 355.12, and services performed on holidays or on an Order 12866. The proposed fee 362.5 shall be $32.88 per hour, per overtime basis) are borne by FSIS. increases for voluntary inspection, program employee. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34749

§ 391.3 Overtime and holiday rate. inspected in room MP–500 between 9 would be authorized to underwrite and The overtime and holiday rate for a.m. and 5 p.m., except as provided in deal in. The adoption of the express inspection services provided pursuant § 261.8 of the Board’s Rules Regarding exemption was apparently based on the to §§ 307.5, 350.7, 351.8, 351.9, 352.5, Availability of Information, 12 CFR assumption that the literal language of 354.101, 355.12, 362.5, and 381.38 shall 261.8. the section 32 prohibition could at least be $33.76 per hour, per program FOR FURTHER INFORMATION CONTACT: arguably cover bank-eligible securities employee. Richard M. Ashton, Associate General activities. Counsel (202/452–3750), or Thomas M. Subsequently, in orders approving § 391.4 Laboratory services rate. Corsi, Senior Attorney (202/452–3275), applications under the Bank Holding The rate for laboratory services Legal Division. For the hearing impaired Company Act (12 U.S.C. 1841 et seq.), provided pursuant to §§ 350.7, 351.9, only, Telecommunications Device for the Board interpreted the prohibitions of 352.5, 354.101, 355.12, and 362.5 shall the Deaf (TDD), Dorothea Thompson section 20 of the Glass-Steagall Act, be $48.56 per hour, per program (202/452–3544). which prohibits a member bank from employee. being affiliated with a firm engaged SUPPLEMENTARY INFORMATION: Done at Washington, DC, on June 27, 1996. principally in underwriting and dealing Michael R. Taylor, Section 303 of the Riegle Community in securities, as not applying on their Administrator, Food Safety and Inspection Development and Regulatory face to underwriting and dealing in Service. Improvement Act of 1994 (CDRI Act) securities that may be underwritten and [FR Doc. 96–17000 Filed 7–2–96; 8:45 am] Section 303(a) of the CDRI Act (12 dealt in directly by a state member bank. In these decisions, the Board also BILLING CODE 3410±DM±P U.S.C. 4803(a)) requires the Board, as well as the other federal banking expressed the view that section 32 agencies, to review its regulations and similarly did not cover an interlock FEDERAL RESERVE SYSTEM written policies in order to streamline between a member bank and a firm that was not engaged in securities activities and modify these regulations and 2 12 CFR Parts 218 and 250 policies to improve efficiency, reduce covered by section 20. Accordingly, in light of the Board’s more recent view of [Regulation R; Docket No. R±0931] unnecessary costs, and eliminate unwarranted constraints on credit the scope of section 32, the express Relations With Dealers in Securities availability. The Board has reviewed its exemption from the provisions of section 32 for bank-eligible securities Under Section 32, Banking Act of 1933; interpretations of section 32 of the 3 Miscellaneous Interpretations Glass-Steagall Act (12 U.S.C. 78) with activities is no longer necessary. this purpose in mind, and, as is Moreover, the Board has never adopted AGENCY: Board of Governors of the explained in greater detail in the text any other exemption to the interlocks Federal Reserve System. that follows, proposes to amend these provision and historically, requests that ACTION: Notice of proposed rulemaking. interpretations in a way designed to the Board create new exemptions have meet the goals of section 303(a). been infrequent and have been SUMMARY: The Board is proposing to uniformly denied.4 amend its regulations to remove Substantive Provisions of Regulation R Since the exemption in Regulation R Regulation R concerning relations with The Board’s Regulation R (12 CFR is no longer necessary, and it is not dealers in securities under section 32 of Part 218) implements section 32 of the necessary to have a substantive the Banking Act of 1933, which the Glass-Steagall Act. Section 32 prohibits regulation solely to restate a statutory Board believes is no longer necessary. officer, director and employee interlocks provision, the Board is proposing to The Board also is proposing to amend between member banks and firms rescind Regulation R. its regulations to remove an ‘‘primarily engaged’’ in underwriting interpretation of section 32 of the Glass- Bank Holding Company Interpretation and dealing in securities, and authorizes of Section 32 of the Glass-Steagall Act Steagall Act, which the Board believes the Board to exempt from this is no longer necessary. This prohibition, under limited With one exception, the 14 interpretation explains the position of circumstances, certain interlocks by interpretations of section 32 now the Board regarding the application of regulation. Currently, Regulation R contained in the CFR, would be retained the prohibitions of section 32 to bank restates the statutory language of section and transferred to 12 CFR Part 250, holding companies. 32, and sets forth the only exemption DATES: Comments must be received by adopted by the Board since passage of 2 This interpretation has been upheld by the August 2, 1996. the Glass-Steagall Act. The Board also courts. Securities Industry Association v. Board of Governors of the Federal Reserve System, 839 F.2d ADDRESSES: Comments should refer to has codified in the CFR 14 47, 62 (2d Cir. 1988), cert. denied, 486 U.S. 1059 Docket No. R–0931 and may be mailed interpretations of the substantive (1988). to William W. Wiles, Secretary, Board of provisions of section 32 and the 3 The Board is proposing to adopt a new Governors of the Federal Reserve regulation.1 The Board also has issued interpretation of section 32 to clarify this point. System, Docket No. R–0931, 20th Street other interpretations of section 32 that 4 A footnote to Regulation R that dates to 1936 makes it clear that a broker who is engaged solely and Constitution Avenue, NW., are contained in the Federal Reserve in executing orders for the purchase and sale of Washington, DC 20551. Comments Regulatory Service (FRRS). securities on behalf of others in the open market is addressed to Mr. Wiles may also be The exemption in Regulation R, not engaged in the business referred to in section delivered to the Board’s mail room adopted by the Board in 1969, permits 32. The Board has since authorized bank holding companies to engage in this activity directly, between 8:45 a.m. and 5:15 p.m., and to interlocks between member banks and reiterating that securities brokerage is not a the security control room outside of securities firms whose securities proscribed activity under either sections 32 or 20 those hours. Both the mail room and underwriting and dealing activities are of the Glass-Steagall Act. BankAmerica control room are accessible from the limited to underwriting and dealing in Corporation, 69 Federal Reserve Bulletin 105 (1983). The courts upheld the Board’s courtyard entrance on 20th Street only securities that a national bank interpretation. Securities Industry Assn. v. Board of between Constitution Avenue and C Governors, 468 U.S. 207 (1984). The removal of Street, NW. Comments may be 1 12 CFR 218.101–218.114. Regulation R does not affect this interpretation. 34750 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules which contains miscellaneous Board continue to apply to member banks. PART 218Ð[AMENDED] interpretations. Accordingly, the directors, officers and By their terms, the prohibitions of employees of these banks, none of §§ 218.101 through 218.113 [Redesignated section 32 apply only to member banks. whom may be interlocked with a as §§ 250.400 through 250.412] In 1969, the Board issued an securities firm, could serve as a check 1. Sections 218.101 through 218.113 interpretation that extended the against the possibilities of abuse that are redesignated as set forth in the prohibitions of section 32 to a bank section 32 is intended to prohibit. In following table: holding company where the principal addition, the Board believes that by 0ld New activity of the bank holding company is rescinding this interpretation, it would Section section the ownership and control of member be granting some measure of regulatory banks.5 The Board is now seeking public relief to bank holding companies by 218.101 ...... 250.400 comment on rescinding this giving them access to a larger pool of 218.102 ...... 250.401 interpretation. persons from which to choose their 218.103 ...... 250.402 The Board based its 1969 officers, directors, and employees.8 218.104 ...... 250.403 interpretation not so much on the literal 218.105 ...... 250.404 Other Interpretations of Section 32 language of section 32, but on its belief 218.106 ...... 250.405 that where the ownership and control of The Board also seeks comment on 218.107 ...... 250.406 218.108 ...... 250.407 member banks is the principal activity whether any of the other interpretations of section 32 previously adopted by the 218.109 ...... 250.408 of a bank holding company, the same 218.110 ...... 250.409 possibilities of abuse that section 32 was Board could be amended. 218.111 ...... 250.410 designed to prevent would be present in Regulatory Flexibility Act Analysis 218.112 ...... 250.411 the case of a director of the holding 218.113 ...... 250.412 company as in the case of the member Pursuant to section 605(b) of the 6 Regulatory Flexibility Act (Pub. L. 95– bank. The Board believed that giving PART 218Ð[REMOVED] cognizance to the separate corporate 354, 5 U.S.C. 601 et seq.), the Board of entities in such a situation would Governors of the Federal Reserve 2. Part 218 is removed. partially frustrate Congressional System certifies that adoption of this purpose in enacting section 32. proposed rule will not have a significant PART 250ÐMISCELLANEOUS The Board now believes that it could economic impact on a substantial INTERPRETATIONS rescind this interpretation and give number of small entities that would be subject to the regulation. 1. The authority citation for part 250 some measure of regulatory burden is revised to read as follows: relief to bank holding companies in a This amendment will remove a Authority: 12 U.S.C. 78, 248(i) and 371c(e). manner consistent with section 32, and regulation and an interpretation that the without frustrating the Congressional Board believes are no longer necessary. 2. A new center heading is added purpose underlying the section. The The amendment does not impose more immediately preceding newly Board is not barred by the literal terms burdensome requirements on bank designated § 250.400 to read as follows: of the Glass-Steagall Act from holding companies than are currently applicable. Interpretations of Section 32 of the rescinding the interpretation. As noted Glass-Steagall Act above, section 32 specifically restricts Paperwork Reduction Act only those interlocks involving member 3. Section 250.413 is added to read as In accordance with the Paperwork follows: banks. While the bank holding company Reduction Act of 1995 (44 U.S.C. 3506; structure was not in widespread use 5 CFR 1320 Appendix A.1), the Board § 250.413 ``Bank-eligible'' securities when section 32 was adopted, Congress reviewed the proposed rule under the activities. has amended section 32 since the authority delegated to the Board by the Section 32 of the Glass-Steagall Act section was adopted and since bank Office of Management and Budget. No (12 U.S.C. 78) prohibits any officer, holding companies have become collections of information pursuant to director, or employee of any corporation commonplace, but never has extended the Paperwork Reduction Act are or unincorporated association, any the prohibitions in the section to bank contained in the proposed rule. partner or employee of any partnership, holding companies. Notably, in 1987, and any individual, primarily engaged Congress extended the prohibitions of List of Subjects in the issue, flotation, underwriting, section 32 to cover interlocks involving 12 CFR Part 218 public sale, or distribution, at wholesale nonmember banks and thrift institutions or retail, or through syndicate but not interlocks involving bank Antitrust, Federal Reserve System, Securities. participation, of stocks, bonds, or other holding companies.7 similar securities, from serving at the The potential that removal of the 12 CFR Part 250 same time as an officer, director, or interpretation could frustrate Federal Reserve System. employee of any member bank of the Congressional purpose in enacting For the reasons set forth in the Federal Reserve System. The Board is of section 32 is mitigated by the fact that the opinion that to the extent that a the prohibitions of section 32 would preamble and under the authority of 12 U.S.C. 248, the Board proposes to company, other entity or person is amend Chapter II of the Code of Federal engaged in securities activities that are 5 12 CFR 218.114. expressly authorized for a state member 6 As noted in the Board’s interpretation, section Regulations as set forth below: 32 is directed to the probability or likelihood that bank under section 16 of the Glass- a bank director interested in the underwriting 8 Should the Board determine to rescind this Steagall Act (12 U.S.C. 24(7), 335), the business may use his or her influence in the bank interpretation, this action would not affect other company, other entity or individual is to involve it or its customers in securities sold by Board decisions or determinations that restrict not engaged in the types of activities his or her underwriting house. interlocks to ensure compliance with section 20 of described in section 32. In addition, a 7 The provisions extending the prohibitions of the Glass-Steagall Act (12 U.S.C. 377). See, e.g., section 32 to nonmember banks and thrifts expired Mellon Bank Corporation, 79 Federal Reserve securities broker who is engaged solely in 1988. Bulletin 626 (1993). in executing orders for the purchase and Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34751 sale of securities on behalf of others in Stephen Ledbetter, Chief, Assessments deposits from another institution (e.g., the open market is not engaged in the Evaluation Section, Division of in a merger or a branch purchase). Id. business referred to in section 32. Insurance (202) 898–8658; Jules 1815(d)(3)(C)(iii). The FDIC has adopted By order of the Board of Governors of the Bernard, Counsel, Legal Division, (202) the view that ‘‘growth’’ and ‘‘increases’’ Federal Reserve System. 898–3731, Federal Deposit Insurance can refer to ‘‘negative growth’’ under the Date: June 26, 1996. Corporation, Washington, D.C. 20429. FDIC’s interpretation of the William W. Wiles, SUPPLEMENTARY INFORMATION: This Amendment, an AADA decreases when proposed interpretive regulation would the institution’s deposit base shrinks. Secretary of the Board. alter the method for determining the An AADA is used for the following [FR Doc. 96–16841 Filed 7–02–96; 8:45am] assessments that Oakar institutions pay purposes: Billing Code 6210±01±P to the two insurance funds. —Assessments. An Oakar institution Accordingly, the proposed regulation pays two assessments to the FDIC— would directly affect all Oakar one for deposit in the institution’s FEDERAL DEPOSIT INSURANCE institutions. The proposed regulation secondary fund, and the other for CORPORATION would also indirectly affect non-Oakar deposit in its primary fund. The institutions, however, by altering the secondary-fund assessment is based 12 CFR Part 327 business considerations that non-Oakar on the portion of the institution’s RIN 3064±AB59 institutions must take into account assessment base that is equal to its when they transfer deposits to or from AADA. The primary-fund assessment Assessments an Oakar institution (including an is based on the remaining portion of institution that becomes an Oakar the assessment base. AGENCY: Federal Deposit Insurance institution as a result of the transfer). —Insurance. The AADA measures the Corporation. I. Background volume of deposits that are ‘‘treated ACTION: Proposed Rule. as’’ insured by the institution’s Section 5(d)(2) of the FDI Act, 12 secondary fund. The remaining SUMMARY: The Federal Deposit U.S.C. 1815(d)(2), places a moratorium deposits are insured by the primary Insurance Corporation (FDIC) is on inter-fund deposit-transfer fund. If an Oakar institution fails, and proposing to amend its assessment transactions: mergers, acquisitions, and the failure causes a loss to the FDIC, regulations by adopting interpretive other transactions in which an the two insurance funds share the loss rules regarding certain provisions institution that is a member of one in proportion to the amounts of therein that pertain to so-called Oakar insurance fund (primary fund) assumes deposits that they insure. institutions: institutions that belong to the obligation to pay deposits owed by one insurance fund (primary fund) but an institution that is a member of the For assessment purposes, the AADA hold deposits that are treated as insured other insurance fund (secondary fund). is applied prospectively, as is the by the other insurance fund (secondary The moratorium is to remain in place assessment base. An Oakar institution fund). Recent merger transactions and until the reserve ratio of the Savings has an AADA for a current semiannual branch-sale cases have revealed Association Insurance Fund (SAIF) period, which is used to determine the weaknesses in the FDIC’s procedures for reaches the level prescribed by statute. institution’s assessment for that period.1 attributing deposits to the two insurance Id. 1815(d)(2)(A)(ii); see id. The current-period AADA is calculated funds and for computing the growth of 1817(b)(2)(A)(iv) (setting the target ratio using deposit-growth and other the amounts so attributed. The at 1.25 percentum). information from the prior period. interpretive rules would repair those The next paragraph of section 5(d)— II. The proposed rule weaknesses. section 5(d)(3) of the FDI Act—is known In addition, the FDIC is proposing to as the Oakar Amendment. See Financial A. Attribution of transferred deposits Institutions Reform, Recovery and simplify and clarify the existing rule by 1. The FDIC’s Current Interpretation: Enforcement Act of 1989 (FIRREA), Pub. making changes in nomenclature. The ‘‘Rankin’’ Rule DATES: Comments must be received by L. 101–73 section 206(a)(7), 103 Stat. The FDIC has developed a the FDIC on or before September 3, 183, 199–201 (Aug. 9, 1989); 12 U.S.C. methodology for attributing deposits to 1996. 1815(d)(3). The Amendment permits certain deposit-transfer transactions that the Bank Insurance Fund (BIF) on one ADDRESSES: Send comments to the would otherwise be prohibited by hand and to the SAIF on the other when Office of the Executive Secretary, section 5(d)(2) (Oakar transactions). the seller is an Oakar institution. See Federal Deposit Insurance Corporation, The Oakar Amendment introduces the FDIC Advisory Op. 90–22, 2 FED. 550 17th Street, N.W., Washington, D.C. concept of the ‘‘adjusted attributable DEPOSIT INS. CORP., LAW, 20429. Comments may be hand- deposit amount’’ (AADA). An AADA is REGULATIONS, RELATED ACTS 4452 delivered to Room F–400, 1776 F Street, an artificial construct: a number, (1990) (Rankin letter). The Rankin letter N.W., Washington, D.C., on business expressed in dollars, that is generated in adopts the following rule: an Oakar days between 8:30 a.m. and 5:00 p.m. the course of an Oakar transaction, and institution transfers its primary-fund (FAX number: 202/898–3838. Internet that pertains to the buyer. The initial deposits first, and only begins to address: [email protected]). value of a buyer’s AADA is equal to the Comments will be available for amount of the secondary-fund deposits 1 Technically, each Oakar transaction generates inspection in the FDIC Public that the buyer acquires from the seller. its own AADA. Oakar institutions typically Information Center, Room 100, 801 17th participate in several Oakar transactions. The Oakar Amendment specifies that Accordingly, and Oakar institution generally has an Street, N.W., Washington, D.C. between the AADA then increases at the same overall or composite AADA that consists of all the 9:00 a.m. and 4:30 p.m. on business underlying rate as the buyer’s overall individual AADAs generated in the various Oakar days. deposit base—that is, at the rate of transactions, plus the growth attributable to each FOR FURTHER INFORMATION CONTACT: individual AADA. The composite AADA can growth due to the buyer’s ordinary generally be treated as a unit as a practical matter, Allan K. Long, Assistant Director, business operations, not counting because all the constituent AADAs (except initial Division of Finance, (703) 516–5559; growth due to the acquisition of AADAs) grow at the same rate. 34752 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules transfer its secondary-fund deposits the ordinary case) it would make use of transaction. The buyer provides the total after its primary-fund deposits have numbers that are readily available to the deposits acquired, and the value of the been exhausted. parties. AADA thereby generated. In addition, The chief virtue of this approach is At the same time, the ‘‘blended Oakar institutions must complete a that of simplicity. Sellers rarely transfer deposits’’ approach would create a new growth adjustment worksheet to re- all their primary-fund deposits. A seller Oakar institution each time a non-Oakar calculate their AADA as of December 31 ordinarily has the same AADA after the institution acquired deposits from an of each year. Finally, Oakar banks report transaction as before, and a buyer does Oakar institution. Accordingly, this the value of their AADA, on a quarterly not ordinarily become an Oakar approach would generally subject basis, in their quarterly reports of institution. The Rankin letter’s approach buyers to more complex reporting and condition (call reports). also has the virtue of being a well- tracking requirements. This approach To implement the proposal to adjust established and well-understood would also require more disclosure on AADAs on a quarterly basis, and to interpretation. the part of sellers, because buyers would ensure compliance with the statutory Nevertheless, the Rankin letter’s have to be made aware that they were requirement that an AADA does not approach has certain weaknesses. For acquiring high-cost SAIF deposits. But grow during the semiannual period in example, if a seller transfers a large the ‘‘blended deposits’’ approach could which it is acquired, see 12 U.S.C. enough volume of deposits, the seller remove some uncertainty because the 1815(d)(3)(C)(iii), the FDIC initially becomes insured and assessed entirely buyer would know that it was acquiring considered replacing the current annual by its secondary fund—even though it such deposits whenever the seller was growth adjustment worksheet with a remains a member of its primary fund an Oakar institution. slightly more detailed quarterly in name, and even though its business In cases where the seller has acquired worksheet. The FDIC was concerned has not changed in character. deposits prior to the sale but during the that this approach might impose a The Rankin letter’s approach may also same semiannual period as the sale, the burden on Oakar institutions, however. lend itself to ‘‘gaming’’ by Oakar blended-deposit approach could be The FDIC was further concerned that institutions. Oakar banks—and their more complex. The acquisition of this approach could result in an owners—have an incentive to eliminate deposits would change the seller’s increase in the frequency of errors their AADAs, because the SAIF AADA-to-deposits ratio, which would associated with these calculations. assessment rates are currently much need to be calculated and made Accordingly, the FDIC now believes it higher than the BIF rates. If an Oakar available in conjunction with the sale. might be more appropriate to relieve bank belonged to a holding company At first, the FDIC considered that this Oakar institutions of this burden by system, the holding company could problem could be addressed by using assuming the responsibility for purge the AADA from the system as a the ratio at the beginning of the quarter calculating each Oakar institution’s whole by having the Oakar bank transfer for all transactions during that quarter. AADA, and eliminating the growth all its BIF-insured deposits to an But the FDIC later came to the view that adjustment worksheet entirely. The affiliate, and then allowing the remnant this technique could open up the FDIC would calculate the AADA as part of the Oakar bank to wither away. blended-deposit approach to gaming of the current quarterly payment strategies that institutions could use to process. The calculation, with 2. ‘‘Blended’’ deposits decrease their AADAs. supporting documentation, would An alternative approach would be to Finally, under the blended-deposit accompany each institution’s quarterly adopt the view that an Oakar institution approach, Oakar banks—which are BIF assessment invoice. transfers a blend of deposits to the members—could find it difficult (or If the FDIC assumes the responsibility assuming institution. The transferred expensive) to transfer deposits to other for calculating the AADA, Oakar deposits would be attributed to the two institutions, due to market uncertainty institutions would no longer have to insurance funds in the same ratio as the regarding the prospect of a special report their AADAs in their call reports. Oakar institution’s overall deposits were assessment to capitalize SAIF and the But they would have to report three so attributed immediately prior to the alternative prospect of a continued items on a quarterly basis. Oakar transfer. This ‘‘blended deposits’’ premium differential between BIF and institutions already report two of the approach would have the virtue of SAIF. items as part of their annual growth maintaining the relative proportions of Any change to a blended-deposit adjustment worksheets: total deposits the seller’s primary-fund deposit-base approach would only apply to transfers acquired in the quarter, and secondary- and the secondary-fund deposit base, that take place on and after January 1, fund deposits acquired in the quarter. just as they are preserved in the 1997. Accordingly, the change would Oakar institutions would therefore have ordinary course of business. not affect any assessments that Oakar to supply one other item: total deposits As a general rule, the ratio would be institutions have paid in prior years. sold in the quarter. fixed at the start of the quarter in which Nor would it affect the business aspects These items will be zero in most the transfer takes place. If the institution of transactions that have already quarters. Even in quarters in which were to acquire deposits after the start occurred, or that may occur during the some transactions have occurred, the of the quarter but prior to the transfer, remainder of 1996. FDIC considers that the items should be the acquired deposits would be added to readily available and easy to calculate. the institution’s store of primary-fund B. FDIC Computation of the AADA; While for operational purposes, the and secondary-fund deposits as Reporting Requirements FDIC would prefer to add these three appropriate, and the resulting amounts The FDIC currently requires all items to the call report, an alternative would be used to determine the ratio. institutions that assume secondary-fund approach would be simply to replace This procedure would be designed to deposits in an Oakar transaction to the current growth adjustment exclude intra-quarter growth from the submit an Oakar transaction worksheet worksheet with a very simple quarterly calculation of the ratio. The FDIC for the transaction. The FDIC provides worksheet essentially consisting only of considers that it would be desirable to the worksheet. The FDIC provides the these items. The FDIC expects this do so for two main reasons: it would name of the buyer and the seller, and specific issue to be addressed in a keep the methodology simple; and (in the consummation date of the Request for Comment on Call Report Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34753

Revisions for 1997 currently expected to Federal Deposit Insurance Corporation This passage speaks of the be issued jointly by the three banking Improvement Act of 1991 (FDICIA), assessment—not the AADA—‘‘for any agencies in July. Pub. L. 102–242, section 302(e) & (g), semiannual period’’. Insofar as the In addition, if the FDIC adopts the 105 Stat. 2236, 2349 (Dec. 19, 1991); see AADA is concerned, the statutory blended-deposit approach for attributing also Defense Production Act language merely specifies the transferred deposits, the FDIC would Amendments of 1992, Pub L. 102–558, semiannual period for which the AADA need an additional quarterly worksheet section 303(b)(6)(B), 106 Stat. 4198, is to be computed: the period for which from Oakar institutions in order to 4225 (Oct. 28, 1992) (amending the the assessment is due. The FDIC calculate AADAs accurately. The FDICIA in relevant part); cf. 58 FR believes that the phrase ‘‘for a additional worksheet would report the 34357 (June 23, 1993). The Oakar semiannual period’’ may properly be date and amount of deposits involved in Amendment no longer links the AADA read to have the same meaning. each transaction in which the Oakar directly to the assessment base. The Moreover, while the Amendment says institution transferred deposits to Amendment merely declares, ‘‘[T]hat the AADA must ‘‘be taken into account’’ another institution during the quarter. portion of the deposits of [an Oakar in determining a semiannual This information is not currently institution] for any semiannual period assessment, the Amendment does not collected. which is equal to [the Oakar prescribe any particular method for C. Treatment of AADAs on a Quarterly institution’s AADA] * * * shall be doing so. The FDIC considers that this Basis treated as deposits which are insured by language provides enough latitude for [the Oakar institution’s secondary the FDIC to apply the AADA in a The FDIC is proposing to adopt the fund]’’. See 12 U.S.C. 1815(d)(3). manner that is appropriate to the view that—under its existing The FDIC has not changed its rules for quarterly payment program. regulation—an AADA for a semiannual assessing Oakar institutions, and has The FDIC’s existing regulation is period may be considered to have two continued to interpret the rules in the compatible with this interpretation. The quarterly components. The increment same manner as before. Accordingly, the regulation speaks of an assessment base by which an AADA grows during a ‘‘constant value’’ concept of the AADA for each quarter, not of an average of semiannual period may be considered to has continued to be the view of the such bases. The regulation further says be the result of the growth of each FDIC. that an Oakar institution’s AADA fixes quarterly component. But the FDIC is no longer compelled a portion of its ‘‘assessment base’’. See 1. Quarterly Components to retain this view. Furthermore, as 12 CFR 327.32(a)(2) (i) & (ii). discussed below, the FDIC has found Accordingly, the FDIC is not proposing a. Propriety of quarterly components. that this approach has certain to modify the text that specifies the The FDIC’s assessment regulation disadvantages. The FDIC is therefore method for computing AADAs. speaks of an institution’s AADA ‘‘for proposing to re-interpret the phrase ‘‘for b. Need for the re-interpretation. any semiannual period’’. 12 CFR any semiannual period’’ as it appears in Under certain conditions, the FDIC’s 327.32(a)(3). The FDIC currently § 327.32(a)(3) in the light of the FDIC’s ‘‘constant value’’ view of the AADA interprets this phrase to mean that an quarterly assessment program. The FDIC appears to be tantamount to double- AADA has a constant value throughout would take the position that an Oakar counting transferred deposits for a a semiannual period. The FDIC has institution’s AADA for a semiannual calendar quarter. taken this view largely for historical period may be determined on a quarter- The appearance of ‘‘double-counting’’ reasons. Recent changes in the Oakar by-quarter basis—just as the assessment occurs when an Oakar institution Amendment give the FDIC room to alter base for a semiannual period is so acquires secondary-fund deposits in the its view. determined—and may be used to latter half of a semiannual period—i.e., The FDIC’s ‘‘constant value’’ view measure the portion of each quarterly in the second or fourth calendar quarter. derives from the 1989 version of the assessment base that is to be assessed by The seller has the deposits at the end of Oakar Amendment. See 12 U.S.C. the institution’s secondary fund. The the first (or third) quarter; its first 1815(d)(3) (Supp. I 1989). That version FDIC would also take the view that, if payment for the upcoming semiannual of the Amendment said that an Oakar an AADA is generated in a transaction period is based on them. At the same bank’s AADA measured the ‘‘portion of that takes place during the second time, the buyer’s secondary-fund the average assessment base’’ that the calendar quarter of a semiannual period, assessment is approximately equal to an SAIF could assess. Id. 1815(d)(3)(B). the first quarterly component of the assessment on the transferred deposits The FDI Act (as then in effect) defined AADA for the current (following) for both quarters in the semiannual the ‘‘average assessment base’’ as the semiannual period is zero; only the period.2 average of the institution’s assessment second quarterly component is equal to bases on the two dates for which the the volume of the secondary-fund 2 The correlation is not so close as it first appears. institution was required to file a call deposits that the buyer so acquired. Various factors distort the relation between an report. Id. 1817(b)(3). As a result, an The FDIC considers that this view of Oakar institution’s deposit base on one hand and its primary-fund and secondary-fund assessment AADA—even a newly created one, and the phrase ‘‘for any semiannual period’’ even one that was generated in a bases on the other. is appropriate because the phrase is the The chief factor is the so-called float deduction, transaction during the latter quarter of counterpart of, and is meant to interpret, which is equal to the sum of one-sixth of an the prior semiannual period—served to the following language in the Oakar institution’s demand deposits plus one percentum allocate an Oakar bank’s entire Amendment: of its time and savings deposits. See 12 CFR assessment base for the entire current 327.5(a)(2). An Oakar institution’s secondary-fund assessment base is equal to the full value of its semiannual period. The FDIC issued (C) DETERMINATION OF ADJUSTED ATTRIBUTABLE DEPOSIT AMOUNT.—The AADA, however. See id. 327.32(a)(2). The impact of rules in keeping with this view. 54 FR adjusted attributable deposit amount which the float deduction falls entirely on the primary- 51372 (Dec. 15, 1989). shall be taken into account for purposes of fund assessment base. Congress decoupled the AADA from determining the amount of the assessment Accordingly, neither the primary-fund assessment base nor the secondary-fund assessment the assessment base at the beginning of under subparagraph (B) for any semiannual base is directly proportional to the institutional’s 1994, as part of the FDIC’s changeover period * * * total deposits. Nor does the split between the to a risk-based assessment system. See 12 U.S.C. 1815(d)(3)(C). Continued 34754 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

The source of this apparent effect is an Oakar institution’s entire assessment average assessment base, in order to that, under the FDIC’s current base for the entire semiannual period. show the relationship between the interpretation of its rule, an AADA— The following example illustrates the AADA and the assessment base up to even a newly generated one—applies to point. The example focuses on the the time the FDIC adopted the quarterly- payment procedure:

Seller (SAIF) Buyer (BIF) Industry total

Before the transaction: Starting assessment bases (ignoring float, &c.): SAIF ...... $200 $0 $200. BIF ...... 0 100 100.

200 100 300. The transaction: March call report ...... 200 100 300. Deposits sold ...... (100) +100 (AADA) Neutral. June call report ...... 100 200 300. After the transaction: Ending assessment bases (ignoring float, &c.): SAIF ...... 100 100 (AADA) 200. BIF ...... 0 100 100.

100 200 300. Average assessment bases: (Ignoring float, &c.): SAIF ...... 150 100 (AADA) 250. BIF ...... 0 50 50.

150 150 300.

The SAIF-assessable portion of the double-counting the transferred deposits quarterly payment in order to correct buyer’s average assessment base is $100. for a quarter, but rather to re-allocating these defects. If the SAIF-assessable portion were the buyer’s assessment base from the Interpreting the semiannual AADA to based directly on the average of the BIF to the SAIF. The BIF-assessable consist of two quarterly components buyer’s SAIF-insured deposits for the portion of the buyer’s average would eliminate this anomaly. prior two quarters—rather than on the assessment base is $50, not $100. The 2. Quarterly Growth buyer’s AADA—that portion would only difference is equivalent to cutting the be $50. The difference is equivalent to buyer’s BIF assessment base by $100 for The Oakar Amendment says that the attributing the transferred $100 to the half the semiannual period. growth rate for an AADA during a semiannual period is equal to the buyer for an extra one-half of the The FDIC’s quarterly-payment ‘‘annual rate of growth of deposits’’ of semiannual period: by implication, for procedure has brought attention to these the Oakar institution. The FDIC the first (or third) quarter as well as for anomalous effects. The quarterly- currently interprets the phrase ‘‘annual the second (or fourth) quarter. payment schedule is merely a new rate’’ to mean a rate determined over the The anomaly is most apparent from collections schedule, not a new method interval of a full year. An Oakar the standpoint of the industry as a for determining the amount due. See 59 institution computes its ‘‘annual rate of whole. The aggregate amount of the FR 67153 (Dec. 29, 1994). Accordingly, growth’’ at the end of each calendar SAIF-assessable deposits temporarily under current procedures, the buyer and year, and uses this figure to calculate balloons to $250, while the aggregate the seller in the illustration would pay the AADA for use during the following amount of the BIF-assessable deposits the amounts specified therein even year. shrinks to $50. The anomaly only lasts under the quarterly-payment schedule. This procedure has a weakness. An for one semiannual period, however. In When an Oakar transaction occurs in Oakar institution’s AADA tends to drift the following period, the seller’s the latter half of a semiannual period, out of alignment with the deposit base, assessment base is $100 for both however, the buyer’s call report for the because the AADA remains constant quarters, making its average assessment prior quarter does not show an AADA. while the deposit base changes. At the base $100. The buyer’s AADA remains The buyer’s first payment for the current end of the year, when the institution $100. Accordingly, the aggregate semiannual period is therefore based on computes its AADA for the next year, amount of SAIF-assessable deposits its assessment base for that quarter, not the AADA suddenly—but only retreats to $200 once more; and the on its AADA. Moreover, the entire temporarily—snaps back into its proper aggregate amount of BIF-assessable payment is computed using the proportion. deposits is back to the full $100. assessment rate for the institution’s The FDIC does not believe that Broadening the focus to include both primary fund. The FDIC therefore Congress intended to cause such a funds also brings out a more subtle adjusts (and usually increases) the fluctuation in the relation between an point: the anomaly is not tantamount to amount to be collected in the second institution’s AADA and its deposit base. institutions two assessment base match the split between the institution’s primary-fund and secondary-fund deposits. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34755

Moreover, from the FDIC’s standpoint as ‘‘rate of growth of deposits’’ during the deposits having maturities as short as insurer, it would be appropriate to semiannual period, thereby satisfying seven days. See 12 CFR 329.3 (1993). maintain a relatively steady correlation the statutory requirement. Comparison of Annual and Quarterly between the AADA and the total deposit The FDIC considers that the statutory AADA Growth Adjustment Methods base. The FDIC is therefore proposing to reference to an ‘‘annual rate’’ does not foreclose this approach. In ordinary revise its view, and take the position Consider an Oakar institution that has usage, ‘‘annual rate’’ can refer to a rate that—after the end of the semiannual total deposits of $15 as of 12/31/93, period in which an institution’s AADA that is expressed as an annual rate, even though the interval during which the with an AADA of $6.5. Further assume has been established—the AADA grows rate applies, and over which it is that the institution’s total deposits grow and shrinks at the same basic rate as the determined, is a shorter interval such as by $1 every quarter, and that it does not institution’s domestic deposit base (that a semiannual period (e.g., in the case of participate in any additional is, excluding acquisitions and deposit six-month time deposits). For example, acquisitions or deposit sales. The sales), measured contemporaneously on until recently, the FDIC’s rules following graphs show the effects of a quarter-by-quarter basis. Over a full regarding the payment of interest on making growth adjustments to its AADA semiannual period, any increase or deposits spoke of ‘‘the annual rate of on an annual basis versus a quarterly decrease in the AADA would simple interest’’—a phrase that basis. automatically occur at a rate equal to the pertained to rates payable on time BILLING CODE 6714±01±P 34756 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

Since an AADA remains constant until a growth adjustment is applied, any change in total deposits is reflected in the institution’s primary-fund deposits in the annual-adjustment method, while primary-fund deposits and the AADA vary together with total deposits in the quarterly-adjustment method. The following graphs express this difference in terms of percents of total deposits. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34757

In the annual-adjustment method, the AADA becomes a smaller percent of total deposits as the total grows. In the quarterly-adjustment method, the AADA and the primary-fund deposits remain constant percents of total deposits. The FDIC considered an alternative approach: using the rate of growth in the institution’s deposit base for the prior four quarters, measured from the current quarter. This technique would be as consistent with the letter of the statute as the current method. But the four-prior-quarters method would preserve the lag between the AADA and the deposit base. Comparison of Quarterly AADA Adjustments Using Different Growth Rate Bases Consider the same Oakar institution with beginning total deposits of $15 and constant growth of $1 per quarter. The following graphs illustrate the effects on deposits of using total-deposit growth rates on two different bases: rolling one-year growth rates, and quarter-to-quarter growth rates. 34758 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

In both cases, the primary-fund deposits and the AADA appear to vary together with total deposits, but it is difficult to discern their precise relationship. Graphs of the same effects in terms of percents of total deposits are more illustrative: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34759

BILLING CODE 6714±01±C 34760 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

In the percent-of-deposits graphs, the Oakar bank’s deposit base grew at a The FDIC further considers that the AADA and the primary-fund deposits higher rate, the AADA would grow at main themes of the changes that are shown to converge when the AADA the higher rate too. But the Amendment Congress made to the Oakar growth adjustment is based on rolling excluded growth attributable to mergers, Amendment in 1991 are those of one-year growth rates. In this particular branch purchases, and other simplification, liberalization, and example, the effect occurs because the acquisitions of deposits from other BIF symmetry. Congress allowed savings institution’s constant growth of $1 per members: the deposits so acquired were associations to acquire banks, as well as quarter results in a steadily decreasing to be subtracted from the Oakar bank’s the other way around. Congress allowed rate of growth of total deposits. total deposits for the purpose of institutions to deal with one another Therefore, a rolling one-year growth rate determining the growth in the Oakar directly, eliminating the requirement of those total deposits at any point in bank’s deposit base (and therefore the that the institutions must belong to the time will be more than the actual rate rate of growth of the AADA). See 12 same holding company (and the need of growth over the quarter to which the U.S.C. 1813(d)(3)(C)(3)(iii) (Supp. I for approval by an extra federal rolling rate is being applied. While 1989). supervisor). Congress established a different growth characteristics for total The 1989 version of the Oakar mirror-image set of rules for assessing deposits would yield different Amendment spoke only of ‘‘growth’’ Oakar banks and Oakar thrifts. As noted relationships between the AADA and and ‘‘increases’’ in the AADA. Id. The above, Congress repealed the 7 the primary fund over time, the general statute was internally consistent in this percentum floor on AADA growth, point is that the relationships of the regard, because AADAs could never thereby eliminating the most prominent AADA and the primary-fund deposits decrease. cause of divergence between an Oakar can vary when the AADA is adjusted, Congress eliminated the minimum institution’s assessment base and its unless the total-deposit rate of growth growth rate as of the start of 1992. deposit base. Congress expanded the used for the adjustment is drawn from FDICIA section 501 (a) & (b), 105 Stat. scope of the Oakar Amendment and the same period for which the rate is 2389 & 2391. As a result, the Oakar made it congruent with the relevant applied to the AADA. Amendment now specifies that an provisions of section 5(d)(2). See As shown in the right-hand graph, Oakar institution’s AADA grows at the FDICIA section 501(a), 105 Stat. 2388– applying the actual quarterly growth same rate as its domestic deposits 91 (Dec. 19, 1991). rate for total deposits to the AADA (excluding mergers, branch acquisitions, In keeping with this view of the 1991 results in stable percents of total and other acquisitions of deposits). 12 amendments, the FDIC interprets the deposits for the AADA and primary U.S.C. 1813(d)(3)(C). growth provisions of the Oakar fund deposits. The modern version of the Oakar Amendment symmetrically: that is, to In sum, the FDIC considers that the Amendment continues to speak only of encompass negative growth rates as well quarterly approach is permissible under ‘‘growth’’ and ‘‘increases,’’ however. as positive ones. The FDIC takes the the statute, and is preferable to any Congress has not—at least not position that an Oakar institution’s approach that relies on a yearly interval explicitly—modified it to address the AADA grows and shrinks at the same to determine growth in the AADA. case of an institution that has a underlying rate of growth as the D. Negative Growth of the AADA shrinking deposit base. Nor has institution’s domestic deposits. Congress addressed the case of an The FDIC considers that this One element of an Oakar institution’s interpretation is appropriate because it AADA for a current semiannual period institution that transfers deposits in bulk to another insured institution. accords with customary usage in the is ‘‘the amount by which [the AADA for banking industry, and because it is 3 The FDIC regards this omission as a the preceding semiannual period] consistent with the purposes and the would have increased during the gap in the statute that requires interpretation. The FDIC does so structure of the statute. Under the preceding semiannual period if such FDIC’s interpretation, each fund increase occurred at a rate equal to the because, if the statute were read to allow only increases in AADAs, the statute continues to bear a constant share of the annual rate of growth of [the Oakar risk posed by the institution, and institution’s] deposits’’. 12 U.S.C. would generate a continuing shift in the relative insurance burden toward the continues to draw assessments from a 1815(d)(3)(C)(iii). The FDIC is proposing constant proportion of the institution’s to codify its view that the terms SAIF. Most Oakar institutions—and nearly all large Oakar institutions—are deposit base. ‘‘growth’’ and ‘‘increase’’ encompass Moreover, the FDIC’s interpretation BIF-member Oakar banks. If an Oakar negative growth (shrinkage). But the encourages banks to make the bank’s deposit base were to shrink FDIC is proposing to change its investment that Congress wished to through ordinary business operations, interpretation by excluding shrinkage promote. If ‘‘negative increases’’ were but its AADA could not decline in due to deposit sales. disallowed, Oakar banks would see their proportion to that shrinkage, the SAIF’s SAIF assessments (which currently 1. Negative Growth in General share of the risk presented by the Oakar carry a much higher rate) grow bank would increase. But the reverse The 1989 version of the Oakar disproportionately when their deposits would not be true: if an Oakar bank’s Amendment focused on an Oakar bank’s shrank through ordinary business deposit base increased, its AADA would underlying rate of growth for the operations. purpose of determining the Oakar rise as well, and the SAIF would Finally, the interpretation is designed bank’s AADA. The 1989 version of the continue to bear the same share of the to avoid—and has generally avoided— Amendment set a minimum growth rate risk. The result would be a tendency to the anomaly of an institution having an for an AADA of 7 percent. The displace the insurance burden from the 4 AADA that is larger than its total Amendment then specified that, if an BIF to the SAIF. deposit base.

3 Theoretically, the growth rate is not applied 4 A shrinking Oakar thrift would have the 2. Negative Growth Due to Deposit- directly to the prior AADA, but rather to an amount opposite effect: The BIF’s exposure would increase, Transfers that is computed afresh each time—which amount and the SAIF’s exposure would decrease. The Oakar is the sum of the various elements of the prior thrifts are comparatively rare, however. The net bias As noted above, for the purpose of AADA. would run against the SAIF. analyzing deposit sales, the FDIC Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34761 follows the deposit-attribution symmetrically with deposit- ways. The existing rule is somewhat principles set forth in the Rankin letter: acquisitions. obsolete: it presumes that the buyer the Oakar institution transfers its assumes all the seller’s deposits, and E. Value of an Initial AADA primary-fund deposits until they have that all such deposits are insured by the been exhausted, and only then transfers The Oakar Amendment says that an buyer’s secondary fund. The reason for its secondary-fund deposits. The FDIC Oakar institution’s initial AADA is these presumptions is purely historical. further considers that—consistent with equal to ‘‘the amount of any deposits At the time the regulation was adopted, the moratorium imposed by section acquired by the institution in the Oakar Amendment only spoke of 5(d)(2)—the deposits continue to have connection with the transaction (as cases in which the seller merged into or the same status for insurance purposes determined at the time of such consolidated with the buyer, or in after the deposit sale as before. The transaction)’’. Id. 1815(d)(3)(C). The which the buyer acquired all the seller’s industry-wide stock of BIF-insured and FDIC has by regulation interpreted the assets and liabilities. See 12 U.S.C. SAIF-insured deposits should remain phrase ‘‘deposits acquired by the 1815(d)(3)(A) (Supp. I 1989). The the same. institution’’. 12 CFR 327.32(a)(4). The Amendment did not allow for less The FDIC’s procedure for calculating regulation distinguishes between cases comprehensive Oakar transactions (e.g., the growth of the AADA upsets that in which a buyer assumes deposits from branch sales). Nor did it contemplate a balance, however. The deposit sale a healthy seller (healthy-seller cases), transaction in which the seller was an reduces the Oakar bank’s total deposit and cases in which the FDIC is serving Oakar institution in its own right. base by a certain percentage: as conservator or receiver for the seller The proposed rule would make it accordingly, the Oakar bank’s AADA— at the time of the transaction (troubled- clear that the nominal-amount rule 5 and therefore its volume of SAIF- seller cases). applies to all Oakar transactions. The The FDIC proposes to retain but refine insured deposits—is reduced by the proposed rule would also specify that its interpretation with respect to same percentage. Its BIF-insured the AADA is only equal to the nominal healthy-seller cases. The FDIC also deposits increase correspondingly. In amount of the transferred deposits that proposes to codify its ‘‘conduit’’ rule for effect, SAIF deposits are converted into are insured by the secondary fund of the certain deposits that a buyer promptly BIF deposits, in violation of the buyer, not necessarily all the transferred retransfers to a third party. The FDIC moratorium. deposits. Both these points represent the proposes to eliminate the special This effect occurs without regard for current view of the FDIC. whether the transferred deposits are provisions for troubled-seller cases. primary-fund or secondary-fund 1. The ‘‘Nominal Amount’’ Rule 2. Deposits Acquired From Troubled deposits. Even when a BIF-member Institutions Oakar bank transfers deposits to another The general rule is that a buyer’s initial AADA equals the full nominal The FDIC’s current regulation BIF-member bank—a transfer that, provides various discounts that serve to under the Rankin letter, would only amount of the assumed deposits. 12 CFR 327.32(a)(3)(4). reduce the buyer’s AADA when the involve BIF-insured deposits—the seller is in conservatorship or deposit sale serves to shrink the The FDIC is proposing to retain the substance of this provision. The receivership at the time of the sale. See transferring bank’s AADA. 12 CFR 327.32(a)(3)(4). The FDIC is The FDIC is proposing to cure this proposed rule would continue to proposing to eliminate the discounts, on defect by excluding deposit sales from emphasize the point that the amount of the ground that they are no longer the growth computation. The FDIC the transferred deposits is to be needed. continues to believe that the terms measured by focusing on the volume ‘‘growth’’ and ‘‘increase’’ as used in the divested by the seller. The purpose of In adopting the rule, the FDIC statute are broad enough to refer to a the rule is to make it clear that post- observed that the deposits that a buyer negative rate as well as a positive one. transaction events—such as deposit run- assumes from a troubled seller are quite But the FDIC does not consider that it off—have no bearing on the calculation volatile: the buyer generally loses a is required to extend these terms beyond of the buyer’s AADA. certain percentage of the deposits reasonable limits. In particular, the The FDIC considers that the nominal- almost immediately. The FDIC FDIC does not believe that it must value rule is appropriate for two chief characterized the lost deposits as necessarily interpret these terms to reasons. Most importantly, it reflects the ‘‘phantom deposits’’, and said it would include a decrease that is attributable to manifest intent of the statute, which make no sense to require the bank to a bulk transfer of deposits. The statute says that the volume of the acquired continue to pay assessments on them. itself excludes the effect of an deposits are to be ‘‘determined at the The FDIC further said that such a acquisition or other deposit-assumption time’’ of the transaction. Second, the requirement would impair its ability to from the computation of growth. The nominal-value rule has the virtues of transfer the business of such thrifts to FDIC considers that it has ample clarity and precision. A buyer and a healthy enterprises, to the detriment of authority to make an equivalent seller will both know precisely the the communities the thrifts were exclusion for deposit sales. value of an AADA that is generated in serving. See 54 FR at 51373. The FDIC The FDIC believes its proposed an Oakar transaction. The buyer’s accordingly adopted an interpretive rule interpretation is sound because deposit expected secondary-fund assessments stating that the nominal amount of the sales do not—in and of themselves— can be an important cost for the parties deposits transferred in such cases were represent any change in the industry- to consider when deciding on an to be discounted for the purpose of wide deposit base of each fund. It is acceptable price. The FDIC considers computing the AADA generated in the inappropriate for the FDIC to generate that the nominal-value rule reduces transaction, as follows: such a change on its own as a collateral uncertainty on this point. —Brokered deposits: All brokered The proposed rule would update this effect of its assessment procedures. deposits are subtracted from the aspect of the regulation in two minor Moreover, the proposed interpretation is nominal volume of the transferred in accord with the tenor of the deposits. 5 The regulation also refers to the Resolution amendments made by the FDICIA, Trust Corporation (RTC). The reference is obsolete, —The ‘‘80/80’’ rule: Each remaining because it treats deposit sales as the RTC no longer exists. deposit is capped at $80,000. The 34762 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

AADA is equal to 80% of the these artificial elements in the pricing Oakar institution only if a Federal aggregate of the deposits as so capped. equation. In order to reflect the volatile banking supervisory agency or the The FDIC explained that these deposits acquired in assisted United States Department of Justice discounts reflected its actual transactions, the FDIC determined to explicitly ordered the Oakar institution experience—that is, its experience with provide the above-described discounts. to re-transfer the deposits within six arranging purchase-and-assumption The FDIC adopted this interpretive months, if the institution’s obligation to transactions for institutions in rule at a time when troubled and failed make the re-transfer was enforceable, receivership. Id. But the discounts were thrifts were prevalent, and the stress on and if the re-transfer had to be not intended to represent the actual run- the safety net for such institutions was completed in the six-month grace off that an individual Oakar institution relatively severe. The stress has been period. would sustain in a particular case. considerably relieved, however. The Conduit deposits would be included Rather, they were an approximation or FDIC considers that, under current in the Oakar institution’s AADA only on estimate of the run-off that Oakar conditions, there is no longer any need a temporary basis: for one semiannual institutions ordinarily sustain in to maintain a special set of rules for period, or in some cases two periods, troubled-seller cases. troubled-seller cases. but no more. The deposits would be Moreover, the discounts are, at As an historical matter, the FDIC counted in the ‘‘amount of deposits bottom, simply another factor that helps determined that it was appropriate to acquired’’ by the Oakar institution—and to determine the price that a buyer will provide the discounts because the therefore in its AADA—during the pay for a troubled institution. The FDIC semiannual period in which the funding decisions for troubled thrift ordinarily must contribute its own transaction occurs. The AADA so institutions were subject to constraints resources to induce buyers to acquire computed would be used to determine and considerations that fell outside the such institutions. Any reduction in the assessment due for the following normal range of factors influencing such future assessments that the FDIC offers semiannual period. In addition, if the decisions in the market place for as an incentive merely reduces the Oakar institution retained the deposits healthy thrifts. The sellers had often amount of money the FDIC must during part of that following period, the been held in conservatorship for some contribute at the time of the transaction. deposits would again be included in the time. In order to maintain the assets in The simpler and more straightforward ‘‘amount of deposits acquired’’—and such institutions, it often was necessary approach is to reflect all such would again be part of the institution’s for the conservator to obtain large and considerations in the net price that AADA—for the purpose of computing other high-yielding deposits for funding buyers pay for such institutions at the the assessment for the semiannual purposes. Both the size of the discounts, time of the transaction. period after that. But thereafter the and the fact that the discounts were 3. Conduit Deposits deposits would be excluded from the restricted to troubled-seller cases, were ‘‘amount of deposits acquired’’ by the known publicly in 1989 and were The FDIC staff has taken the position Oakar institution. relevant to every potential buyer’s that, under certain circumstances, when If the conditions were not satisfied, decision to acquire and price a thrift an Oakar institution re-transfers some of the conduit principle would not come institution. the secondary-fund deposits it has into play, and the deposits would be Although healthy sellers in unassisted assumed in the course of an Oakar regarded as having been assumed by the transactions also sometimes relied upon transaction, the re-transferred deposits Oakar institution at the time of the volatile deposits for funding, these will not be counted as ‘‘acquired’’ original Oakar transaction. Any funding decisions were part of a strategy deposits for purposes of computing the subsequent transfer of the deposits to maximize the profits of a going Oakar institution’s AADA. The Oakar would be treated as a separate concern, and the management of the institution is regarded as a mere conduit transaction, and analyzed purchasing institutions were for the re-transferred deposits. The independently of the Oakar transaction. accountable to shareholders. The deposits themselves retain their original The FDIC is currently considering comparable decisions for troubled status as BIF-insured or SAIF-insured alternative methodologies for attributing sellers in assisted transactions were after the re-transfer: whatever their any deposits that an Oakar institution made by managers of government status in the hands of the original might transfer to another institution. conservatorships that were subject to transferor, the deposits have that status The conduit principle’s economic funding constraints, relatively inflexible in the hands of the ultimate transferee. impact is somewhat greater in the operating rules (necessary to control a The FDIC has applied its ‘‘conduit’’ context of one such methodology than massive government effort to sell failed principle only in very narrow in that of the other. thrifts), and other considerations circumstances. The FDIC has done so The FDIC currently takes the view outside the scope of the typical private only when the Oakar institution has that, when an Oakar institution transfers transaction. been required to commit to re-transfer deposits to another institution, the seller While the FDIC recognized that it was specified branches as a condition of transfers its primary-fund deposits until incumbent upon any would-be buyer to approval of the acquisition of the seller; they have been exhausted, and only evaluate and price all aspects of a the commitment has been enforceable; then transfers its secondary-fund transaction, the FDIC determined that it and the re-transfer has been required to deposits. A BIF-member Oakar bank has would be counterproductive to require occur within six months after a comparatively strong incentive to bidders to price the contingencies consummation of the initial Oakar invoke the conduit principle under this related to volatile deposits in assisted transaction. See, e.g., FDIC Advisory methodology. If an Oakar bank can transactions, given that these deposits Op. 94–48, 2 FED. DEPOSIT INS. succeed in characterizing re-transferred primarily were artifacts of government CORP., LAW, REGULATIONS, deposits as conduit deposits, the bank conservatorships. Considering the RELATED ACTS 4901–02 (1994). will escape the full impact of the SAIF objective of attracting private capital in The FDIC is proposing to codify and assessment on those deposits, which is order to avoid additional costs to the refine this view. As codified, secondary- comparatively high at the present time. taxpayer, the FDIC sought to avoid the fund deposits would have the status of The FDIC is also considering a potential deterrent effect of including ‘‘conduit’’ deposits in the hands of an ‘‘blended’’ approach, however. Under Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34763 this methodology, whenever an Oakar periods. In short, the proposed rule component with respect to that date institution transferred any deposits to would ‘‘leave prior AADAs alone’’. would reflect the basic rate of growth of another institution, the transferred the institution’s deposits during the first 2. 1st-Half 1997 Assessments: Excluding deposits would be regarded as calendar quarter of 1997 (January– Deposit Sales From the Growth consisting of a blend of primary-fund March). The quarterly AADA Calculation and secondary-fund deposits. The ratio component so measured would be used of the blend would be the same as that The FDIC proposes to follow its to determine the institution’s first of the institution as a whole. This existing procedures in computing quarterly payment for the second methodology would reduce the AADAs for the first semiannual period semiannual period in 1997 (the June incentive for Oakar banks to invoke the of 1997, with one exception. In payment). conduit principle to some extent, particular, an institution’s AADA for the The second quarterly AADA particularly in the case of Oakar banks first semiannual period of 1997 would component would reflect the basic rate having large AADAs. An Oakar bank’s be based on the growth of the of growth of the institution’s deposits AADA would shrink as a result of any institution’s deposits as measured over during the second calendar quarter of transfer of deposits, even one that did the entire calendar year 1996. The 1997 (April–June). The quarterly AADA not involve conduit deposits. The AADA so determined would be used to component so measured would be used comparative benefit of invoking the compute both quarterly payments for to determine the institution’s second conduit rule would be correspondingly the first semiannual period of 1997. quarterly payment for the second reduced. The exception is that, when semiannual period in 1997 (the computing the growth rate for deposits September payment). F. Transitional Considerations during the second semiannual period of G. Simplification and Clarification of 1. Freezing Prior AADAs 1996, the FDIC would apply its new interpretation of ‘‘negative’’ growth, and the Regulation In theory, an Oakar institution’s would decline to consider shrinkage In some respects, the proposed rule AADA is computed anew for each attributable to transactions that occurred would simplify and clarify the current semiannual period. An AADA for a during July–December 1996. regulation without changing its current semiannual period is equal to The FDIC acknowledges that its meaning. The FDIC is doing so in the sum of three elements: proposed new interpretation would response to two initiatives. Section 303 —Element 1: The volume of secondary- make a significant break with the past. of the Riegle Community Development fund deposits that the institution The FDIC further recognizes that the and Regulatory Improvement Act of originally acquired in the Oakar new interpretation could affect the 1994, Pub. L. 103–325, 108 Stat. 2160 transaction; business considerations that the parties (Sept. 23, 1994), requires federal —Element 2: The aggregate of the must evaluate when they enter into agencies to streamline and modify their growth increments for all semiannual deposit-transfer transactions. The FDIC regulations. In addition, the FDIC has periods prior to the one for which considers that the industry has ample voluntarily committed itself to review Element 3 is being determined; and notice of the proposed exclusion, its regulations on a 5-year cycle. See —Element 3: The growth increment for however, and that the parties to any Development and Review of FDIC Rules the period just prior to the current such transaction can factor in any costs and Regulations, 2 FED. DEPOSIT INS. period (i.e., just prior to the one for that the exclusion might produce. CORP., LAW, REGULATIONS, which the assessment is due). At the same time, the FDIC agrees that RELATED ACTS 5057 (1984). The FDIC Element 3 is calculated on a base that it would be inappropriate to apply its considers that subpart B of part 327 is equals the sum of elements 1 and 2. new interpretation retroactively to a fit candidate for review under each of The FDIC has consistently interpreted transactions that have been completed these initiatives. its existing rules to mean that, when a earlier in 1996. The parties to these The proposed rule would clarify growth increment has already been transactions did not have notice of the subpart B by defining and using the determined for an AADA for a FDIC’s proposal. The FDIC would terms ‘‘primary fund’’ and ‘‘secondary semiannual period, the growth therefore include shrinkage attributable fund’’. An Oakar institution’s primary increment continues to have the same to deposit sales that occurred during the fund would be the fund to which it value thereafter. See, e.g., FDIC first semiannual period of 1996 when belongs; it would be the other insurance Advisory Op. 92- 19, 2 FED. DEPOSIT determining the annual growth rate to fund. Using these terms, the FDIC is INS. CORP., LAW, REGULATIONS, be used in computing Oakar proposing to simplify paragraphs (1) RELATED ACTS 4619, 4620–21 (1992). institutions’ AADAs for the first and (2) of § 327.32(a) by eliminating The net effect has been to ‘‘freeze’’ semiannual period of 1997. redundant language; the changes would AADAs— and their elements—for prior not alter the meaning of these semiannual periods. The proposed rule 3. 2nd-Half 1997 Assessments: Use of provisions. would codify this principle. Quarterly AADAs In addition, the FDIC would clarify Accordingly, the new interpretations The FDIC proposes to begin § 327.6(a) by changing the nomenclature set forth in the proposed rule would measuring AADAs on a quarterly basis used therein. ‘‘Deposit-transfer apply on a purely prospective basis. during the first semiannual period of transaction’’ would be replaced by They would come into play only for the 1997. The first payment that would be ‘‘terminating transaction;’’ ‘‘acquiring purpose of computing future elements computed using a quarterly component institution’’ would be replaced by of future AADAs. The new of an AADA would be the initial ‘‘surviving institution;’’ and interpretations would not affect AADAs payment for the next semiannual ‘‘transferring institution’’ would be already computed for prior semiannual period—the payment due at the end of replaced by ‘‘terminating institution’’. periods (or the assessments that Oakar June. The terms now found in § 327.6(a) are institutions have already paid on them). The first time the FDIC would identify also used in other provisions of part Nor would they affect the prior-period and measure a quarterly component of 327, where they have different and less elements of AADAs that are to be a semiannual AADA would be as of specialized meaning. The change in determined for future semiannual March 31, 1997. The quarterly nomenclature in § 327.6(a) is intended 34764 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules to avoid any confusion that the current The FDIC also solicits comment on all the Rankin letter’s approach, the FDIC terminology might cause. other points raised or options described presently anticipates that approximately herein, and on their merits relative to 100 institutions per year would report III. Proposed Effective Date the proposed rule. deposit sales. Sellers would have to Section 302(b) of the Riegle report the volume of deposits they V. Paperwork Reduction Act Community Development and transferred in the transaction. Under the Regulatory Improvement Act of 1994, Under the FDIC’s existing procedures, ‘‘blended deposits’’ approach, the FDIC Pub. L. 103–325, 108 Stat. 2160, 2214– each Oakar institution must compute its estimates that approximately 250 Oakar 15 (1994), requires that new and AADA at the end of each year, using a institutions per year would report amended regulations imposing worksheet provided by the FDIC (annual deposit sales. Sellers would have to additional reporting, disclosure, or other growth worksheet). The annual growth report both the volume of deposits new requirements on insured depository worksheet shows the computation of the transferred, and the date of the institutions must generally take effect institution’s AADA for the first transaction. In either case, the on the first day of a calendar quarter. In semiannual period of the current year— information would be readily available: keeping with this requirement, the FDIC that is, the AADA that is used to the extra reporting burden would be is proposing that the rule, if adopted, compute the assessment due for the first small. would take effect on January 1, 1997. semiannual period of the current year— The FDIC expects that the net effect which is based on the institution’s IV. Request for Public Comment would be to reduce the overall reporting growth during the prior year. The burden on Oakar institutions. The The FDIC hereby solicits comment on institution must provide the annual burden of submitting extra information all aspects of the proposed rule. In growth worksheet to the FDIC as a part in deposit-sale cases would be more particular, the FDIC solicits comment on of the institution’s certified statement. than offset by the elimination of the In addition, whenever an institution the following points: attributing growth worksheet and by the FDIC’s is the buyer in an Oakar transaction, it deposits that an Oakar institution assumption of the burden of computing must submit a transaction worksheet transfers to another institution AADAs. according to principles articulated in showing the total deposits acquired on the transaction date. If the seller is an Accordingly, the FDIC is proposing to the Rankin letter, or treating the revise an existing collection of transferred deposits as a blend of Oakar institution, and if the buyer acquires the entire institution, the buyer information. The revision has been deposits insured by both funds; having submitted to the Office of Management the FDIC, rather than individual must also report the seller’s last AADA (as shown in the seller’s last call report). and Budget for review and approval institutions, compute AADAs using pursuant to the Paperwork Reduction information provided by the The buyer must then subtract this number from the total deposits acquired Act of 1980 (44 U.S.C. 3501 et seq.). institutions; interpreting AADAs as Comments on the accuracy of the consisting of quarterly components, and in order to determine its new AADA. The proposed rule would change this burden estimate, and suggestions for computing the growth of AADAs on a procedure for the annual growth reducing the burden, should be quarterly cycle rather than an annual worksheets for the first semiannual addressed to the Office of Management one; retaining the concept of negative period of 1997 (i.e., for the worksheets and Budget, Paperwork Reduction growth for the purpose of computing that show the growth of deposits during Project (3064–0057), Washington, D.C. AADAs; excluding deposit sales from 1996). The change would only affect 20503, with copies of such comments the computation of growth; applying the Oakar institutions that transferred sent to Steven F. Hanft, Assistant nominal-amount principle for deposits to other institutions during Executive Secretary (Administration), determining initial AADAs in all cases, 1996. Such an institution would have to Federal Deposit Insurance Corporation, including troubled-seller cases; and report the total amount of deposits that Room F–400, 550 17th St., N.W., preserving the conduit-deposit concept. it transferred in transactions from July Washington, D.C. 20429. The impact of In addition, in accordance with 1–December 31, 1996. this proposal on paperwork burden section 3506(c)(2)(B) of the Paperwork Thereafter the FDIC would compute would be to require a one-time de Reduction Act, 44 U.S.C. 3506(c)(2)(B), the AADAs for all Oakar institutions, minimis report from approximately 100 the FDIC solicits comment for the using information taken from their Oakar institutions for the first following purposes on the collection of quarterly call reports. Institutions would semiannual period in 1997, and information proposed herein: not have to report additional thereafter to eliminate the annual —to evaluate whether the proposed information in most cases. An Oakar growth worksheet for all 900 Oakar collection of information is necessary institution that neither acquired nor institutions, which takes an estimated for the proper performance of the transferred deposits in the prior quarter two hours to prepare. The FDIC would functions of the FDIC, including would not have to provide any then compute each Oakar institution’s whether the information has practical additional information at all. An Oakar AADA from the deposit data in the utility; institution that acquired deposits would institution’s quarterly call report. The —to evaluate the accuracy of the FDIC’s have to provide the same information at effect of this proposal on the estimated estimate of the burden of the the end of the quarter that it now annual reporting burden for this proposed collection of information; provides at the end of the year; there collection of information is a reduction —to enhance the quality, utility, and would be a change in the timing, but no of 1,800 hours: clarity of the information to be change in burden. Approximate Number of Respondents: collected; and Only an Oakar institution that 900. —to minimize the burden of the transferred deposits would have to Number of Responses per collection of information on those provide additional information. The Respondent: ¥1. who are to respond, including items of information needed, and the Total Annual Responses: 900. through the use of automated number of institutions affected, would Average Time per Response: 2 hours. collection techniques or other forms depend on the deposit-attribution Total Average Annual Burden Hours: of information technology. methodology chosen by the FDIC. Under ¥1800 hours. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34765

The FDIC expects the Federal The proposed rule would not impose (3) Other assessment-base Financial Institutions Examination a uniform cost or requirement on all adjustments. The Corporation may in its Council to require (as needed) the Oakar institutions regardless of size: to discretion make such adjustments to the information in the quarterly call reports, the extent that it imposes any costs at assessment base of an institution starting with the report for March 31, all, the costs have to do with the effects participating in a terminating transfer, 1997. If the Council does recommend that the proposed rule would have on or in a related transaction, as may be these changes, they will be submitted to Oakar institutions’ assessments. necessary properly to reflect the likely the Office of Management and Budget Assessments are proportional to an amount of the loss presented by the for review and approval as part of the institution’s size. Moreover, while the institution to its insurance fund. call report submission. FDIC has authority to establish a (4) Limitation on aggregate separate risk-based assessment system adjustments. The total amount by which VI. Regulatory Flexibility Analysis for large and small members of each the Corporation may increase the The Regulatory Flexibility Act (5 insurance fund, see 12 U.S.C. assessment bases of surviving or other U.S.C. 601–612) does not apply to the 1817(b)(1)(D), the FDIC has not done so. institutions under this paragraph (a) proposed rule. Although the FDIC has Within the current assessment scheme, shall not exceed, in the aggregate, the chosen to publish general notice of the the FDIC cannot ‘‘tailor’’ assessment terminating institution’s assessment proposed rule, and to ask for public rates to reflect the ‘‘size and nature’’ of base as reported in its quarterly report comment on it, the FDIC is not obliged institutions. of condition for the first half of the semiannual period during which the to do so, as the proposed rule is List of Subjects in 12 CFR Part 327 interpretive in nature. See id. 553(b) and terminating transfer occurs. 603(a). Assessments, Bank deposit insurance, * * * * * 4. Section 327.8 is amended by Moreover, the FDIC considers that the Banks, banking, Financing Corporation, revising paragraph (h) and adding proposed rule would amount to a net Reporting and recordkeeping paragraphs (j) and (k) to read as follows: reduction in burden for all Oakar requirements, Savings associations. institutions, as they would no longer For the reasons set forth in the § 327.8 Definitions. have to prepare or file regular annual preamble, the Board of Directors of the * * * * * growth worksheets after the worksheet Federal Deposit Insurance Corporation (h) As used in § 327.6(a), the with respect to 1996. Instead, a limited proposes to amend 12 CFR part 327 as following terms are given the following number of Oakar institutions would follows: meanings: have to submit one new piece of (1) Surviving institution. The term information, and would have to do so PART 327ÐASSESSMENTS surviving institution means an insured only for quarters in which they 1–2. The authority citation for part depository institution that assumes transferred deposits. 327 is revised to read as follows: some or all of the deposits of another In addition, although the Regulatory insured depository institution in a Authority: 12 U.S.C. 1441, 1441b, 1815, terminating transfer. Flexibility Act requires a regulatory 1817–1819. flexibility analysis when an agency (2) Terminating institution. The term publishes a rule, the term ‘‘rule’’ (as 3. In § 327.6 the section heading and terminating institution means an defined in the Regulatory Flexibility paragraph (a) are revised to read as insured depository institution some or Act) excludes ‘‘a rule of particular follows: all of the deposits of which are assumed applicability relating to rates’’. Id. by another insured depository § 327.6 Terminating transfers; other institution in a terminating transfer. 601(2). The proposed rule relates to the terminations of insurance. rates that Oakar institutions must pay, (3) Terminating transfer. The term because it addresses various aspects of (a) Terminating transfer—(1) terminating transfer means the assumption by one insured depository the method for determining the base on Assessment base computation. If a institution of another insured which assessments are computed. The terminating transfer occurs at any time depository institution’s liability for Regulatory Flexibility Act is therefore in the second half of a semiannual deposits, whether by way of merger, inapplicable to this aspect of the period, each surviving institution’s consolidation, or other statutory proposed rule. assessment base (as computed pursuant to § 327.5) for the first half of that assumption, or pursuant to contract, Finally, the legislative history of the semiannual period shall be increased by when the terminating institution goes Regulatory Flexibility Act indicates that an amount equal to such institution’s out of business or transfers all or its requirements are inappropriate to pro rata share of the terminating substantially all its assets and liabilities this aspect of the proposed rule. The institution’s assessment base for such to other institutions or otherwise ceases Regulatory Flexibility Act is intended to first half. to be obliged to pay subsequent assure that agencies’ rules do not (2) Pro rata share. For purposes of assessments by or at the end of the impose disproportionate burdens on paragraph (a)(1) of this section, the semiannual period during which such small businesses: phrase ‘‘pro rata share’’ means a fraction assumption of liability for deposits Uniform regulations applicable to all the numerator of which is the deposits occurs. The term terminating transfer entities without regard to size or capability assumed by the surviving institution does not refer to the assumption of of compliance have often had a from the terminating institution during liability for deposits from the estate of disproportionate adverse effect on small the second half of the semiannual a failed institution, or to a transaction in concerns. The bill, therefore, is designed to which the FDIC contributes its own encourage agencies to tailor their rules to the period during which the terminating size and nature of those to be regulated transfer occurs, and the denominator of resources in order to induce a surviving whenever this is consistent with the which is the total deposits of the institution to assume liabilities of a underlying statute authorizing the rule. terminating institution as required to be terminating institution. 126 Cong. Rec. 21453 (1980) (‘‘Description of reported in the quarterly report of * * * * * Major Issues and Section-by-Section Analysis condition for the first half of that (j) Primary fund. The primary fund of of Substitute for S. 299’’). semiannual period. an insured depository institution is the 34766 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules insurance fund of which the institution ‘‘conduit deposits’’ refers to deposits of the prior semiannual period, the first is a member. that an acquiring institution has quarterly AADA component for the (k) Secondary fund. The secondary assumed from another institution in the current period is deemed to have a fund of an insured depository course of a transaction described in value of zero. institution is the insurance fund that is § 327.31(a), and that are treated as (e) Transition rule. Paragraphs (b), (c) not the primary fund of the institution. insured by the secondary fund of the and (d) of this section shall apply to any 5. In § 327.32, paragraph (a) is acquiring institution, but which the AADA for any semiannual period amended by revising paragraphs (a)(1) acquiring institution has been explicitly beginning on or after July 1, 1997. and (a)(2), and by removing paragraphs and specifically ordered by the (a)(4) and (a)(5), to read as follows: Corporation, or by the appropriate § 327.35 Grandfathered AADA elements. federal banking agency for the This section explains the meaning of § 327.32 Computation and payment of the phrase ‘‘total of the amounts assessment. institution, or by the Department of Justice to commit to re-transfer to determined under paragraph (a)(3)(iii)’’ (a) Rate of assessment—(1) BIF and another insured depository institution in § 327.32(a)(3)(ii). The phrase ‘‘total of SAIF member rates. (i) Except as as a condition of approval of the the amounts determined under provided in paragraph (a)(2) of this paragraph (a)(3)(iii)’’ refers to the section, and consistent with the transaction. The commitment must be enforceable, and the divestiture must be aggregate of the increments of growth provisions of § 327.4, the assessment to determined in accordance with be paid by an institution that is subject required to occur and must occur within 6 months after the date of the initial § 327.32(a)(3)(iii). Each such increment to this subpart B shall be computed at is deemed to be computed in the rate applicable to institutions that transaction. (2) Exclusion from AADA accordance with the contemporaneous are members of the primary fund of computation. Conduit deposits are not provisions and interpretations of such such institution. section. Accordingly, any increment of (ii) Such applicable rate shall be considered to be acquired by the growth that is computed with respect to applied to the institution’s assessment acquiring institution within the a semiannual period has the value base less that portion of the assessment meaning of § 327.32(a)(3)(i) for the appropriate to the proper calculation of base which is equal to the institution’s purpose of computing the acquiring the institution’s assessment for the adjusted attributable deposit amount. institution’s adjusted attributable (2) Rate applicable to the adjusted deposit amount for a current semiannual period immediately attributable deposit amount. semiannual period that begins after the following such semiannual period. end of the semiannual period following Notwithstanding paragraph (a)(1)(i) of § 327.36 Growth computation. the semiannual period in which the this section, that portion of the This section interprets various assessment base of any acquiring, acquiring institution re-transfers the deposits. phrases used in the computation of assuming, or resulting institution which growth as prescribed in is equal to the adjusted attributable § 327.34 Application of AADAs. § 327.32(a)(3)(iii). deposit amount of such institution shall: (a) Annual rate. The annual rate of (i) Be subject to assessment at the This section interprets the meaning of growth of deposits refers to the rate, assessment rate applicable to members the phrase ‘‘an insured depository which may be expressed as an annual of the secondary fund of such institution’s ‘adjusted attributable percentage rate, of growth of an institution pursuant to subpart A of this deposit amount’ for any semiannual institution’s deposits over any relevant part; and period’’ as used in the opening clause of (ii) Not be taken into account in § 327.32(a)(3). interval. A relevant interval may be less computing the amount of any (a) In general. The phrase ‘‘for any than a year. assessment to be allocated to the semiannual period’’ refers to the current (b) Growth; increase; increases. primary fund of such institution. semiannual period: that is, the period Except as provided in paragraph (c) of for which the assessment is due, and for this section, references to ‘‘growth,’’ * * * * * ‘‘increase,’’ and ‘‘increases’’ may 6. New §§ 327.33 through 327.36 are which an institution’s adjusted generally include negative values as added to read as follows: attributable deposit amount (AADA) is computed. well as positive ones. § 327.33 ``Acquired'' deposits. (b) Quarterly components of AADAs. (c) Growth of deposits. ‘‘Growth of This section interprets the phrase An AADA for a current semiannual deposits’’ does not include any decrease ‘‘deposits acquired by the institution’’ as period consists of two quarterly AADA in an institution’s deposits representing used in § 327.32(a)(3)(i). components. The first quarterly AADA deposits transferred to another insured (a) In general. (1) Secondary-fund component for the current period is depository institution, if the transfer deposits. The phrase ‘‘deposits acquired determined with respect to the first occurs on or after July 1, 1996. by the institution’’ refers to deposits that quarter of the prior semiannual period, (d) Quarterly determination of growth. are insured by the secondary fund of the and the second quarterly AADA For the purpose of computing acquiring institution, and does not component for the current period is assessments for semiannual periods include deposits that are insured by the determined with respect to the second beginning on July 1, 1997, and acquiring institution’s primary fund. quarter of the prior period. thereafter, the rate of growth of deposits (2) Nominal dollar amount. Except as (c) Application of AADAs. The value for a semiannual period, and the provided in paragraph (b) of this of an AADA that is to be applied to a amount by which the sum of the section, an acquiring institution is quarterly assessment base in accordance amounts specified in § 327.32(a)(3) (i) deemed to acquire the entire nominal with § 327.32(a)(2) is the value of the and (ii) would have grown during a dollar amount of any deposits that the quarterly AADA component for the semiannual period, is to be determined transferring institution holds on the date corresponding quarter. by computing such rate of growth and of the transaction and transfers to the (d) Initial AADAs. If an AADA for a such sum of amounts for each calendar acquiring institution. current semiannual period has been quarter within the semiannual period. (b) Conduit deposits—(1) Defined. As generated in a transaction that has 7. Section 327.37 is added to read as used in this paragraph (b), the term occurred in the second calendar quarter follows: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34767

ALTERNATIVE ONE ALTERNATIVE TWO Federal Deposit Insurance Corporation. Robert E. Feldman, § 327.37 Attribution of transferred § 327.37 Attribution of transferred deposits. deposits. Deputy Executive Secretary. [FR Doc. 96–16349 Filed 7–2–96; 8:45 am] This section explains the attribution This section explains the attribution BILLING CODE 6714±01±P of deposits to the BIF and the SAIF of deposits to the BIF and the SAIF when one insured depository institution when one insured depository institution (acquiring institution) acquires deposits (acquiring institution) assumes the DEPARTMENT OF TRANSPORTATION from another insured depository deposits from another insured institution (transferring institution). For depository institution (transferring Federal Aviation Administration the purpose of determining whether the institution). On and after January 1, assumption of deposits (assumption 1997, for the purpose of determining 14 CFR Part 39 transaction) constitutes a transaction whether the assumption of deposits undertaken pursuant to section 5(d)(3) constitutes a transaction undertaken [Docket No. 95±NM±266±AD] of the Federal Deposit Insurance Act, pursuant to section 5(d)(3) of the RIN 2120±AA64 and for the purpose of computing the Federal Deposit Insurance Act, and for adjusted attributable deposit amounts, if the purpose of computing the adjusted Airworthiness Directives; De Havilland any, of the acquiring and the attributable deposit amounts, if any, of Model DHC±8±100 Series Airplanes transferring institutions after the the acquiring and the transferring transaction: institutions after the transaction: AGENCY: Federal Aviation Administration, DOT. (a) Transferring institution—(1) (a) Attribution of the deposits as to the Transfer of primary-fund deposits. To transferring institution. The deposits ACTION: Notice of proposed rulemaking the extent that the aggregate volume of shall be attributed to the primary and (NPRM). deposits that is transferred by a secondary funds of the transferring transferring institution in a transaction, SUMMARY: This document proposes to institution in the same ratio as the revise an existing airworthiness or in a related series of transactions, transferring institution’s total deposits does not exceed the volume of deposits directive (AD), applicable to certain de were so attributed immediately prior to Havilland Model DHC–8 series that is insured by its primary fund the deposit-transfer transaction. The (primary-fund deposits) immediately airplanes, that currently requires clearly transferring institution’s stock of BIF- marking the location and means of prior to the transaction (or, in the case insured deposits and of SAIF-insured of a related series of transactions, entering the lavatory. That AD was deposits shall each be reduced in the prompted by reports of passengers immediately prior to the initial appropriate amounts. transaction in the series), the transferred mistaking the airstair door operating (b) Attribution of deposits as to the deposits shall be deemed to be insured handle for the means of gaining access acquiring institution. Upon assumption by the institution’s primary fund. The to the lavatory. The actions specified by by the acquiring institution, the deposits primary institution’s volume of primary- that AD are intended to prevent shall be attributed to the same insurance fund deposits shall be reduced by the inadvertent opening of the airstair door funds in the same amounts as the aggregate amount so transferred. and consequent depressurization of the deposits were so attributed immediately airplane. This action would limit the (2) Transfer of secondary-fund prior to the transaction. The acquiring applicability of the rule to fewer deposits. To the extent that the aggregate institution’s stock of BIF-insured airplanes. volume of deposits that is transferred by deposits and of SAIF-insured deposits the transferring institution in a DATES: Comments must be received by shall each be increased in the July 29, 1996. transaction, or in a related series of appropriate amounts. transactions, exceeds the volume of ADDRESSES: Submit comments in deposits that is insured by its primary (c) Ratio fixed at start of quarter. For triplicate to the Federal Aviation fund immediately prior to the the purpose of determining the ratio Administration (FAA), Transport transaction (or, in the case of a related specified in paragraph (a) of this Airplane Directorate, ANM–103, series of transactions, immediately prior paragraph for any transaction: Attention: Rules Docket No. 95–NM– to the initial transaction in the series), (1) In general. The ratio shall be 266–AD, 1601 Lind Avenue, SW., the following volume of the deposits so determined at the beginning of the Renton, Washington 98055–4056. transferred shall be deemed to be quarter in which the transaction occurs. Comments may be inspected at this insured by the institution’s secondary Except as provided in paragraph (c)(2) location between 9:00 a.m. and 3:00 fund (secondary-fund deposits): the of this section, the ratio shall not be p.m., Monday through Friday, except aggregate amount of the transferred affected by changes in the transferring Federal holidays. deposits minus that portion thereof that institution’s deposit base. The service information referenced in is equal to the institution’s primary- (2) Prior acquisitions by a transferring the proposed rule may be obtained from fund deposits. The transferring institution. If the transferring institution Bombardier, Inc., Bombardier Regional institution’s volume of secondary-fund acquires deposits after the start of the Aircraft Division, Garratt Boulevard, deposits shall be reduced by the volume quarter but prior to the transaction, the Downsview, Ontario, Canada M3K 1Y5. of the secondary-fund deposits so deposits so acquired shall be added to This information may be examined at transferred. the transferring institution’s deposit the FAA, Transport Airplane (b) Acquiring institution. The deposits base, and shall be attributed to the Directorate, 1601 Lind Avenue, SW., shall be deemed, upon assumption by transferring institution’s primary and Renton, Washington. the acquiring institution, to be insured secondary funds in accordance with this FOR FURTHER INFORMATION CONTACT: by the same fund or funds in the same section. Marc Goldstein, Aerospace Engineer, amount or amounts as the deposits were By order of the Board of Directors. Systems and Equipment Branch, ANE– so insured immediately prior to the Dated at Washington, DC, this 17th day of 172, FAA, New York Aircraft transaction. June 1996. Certification Office, Engine and 34768 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

Propeller Directorate, 10 Fifth Street, Explanation of Relevant Service Since this proposed AD merely Third Floor, Valley Stream, New York Information deletes airplanes from the applicability 11581; telephone (516) 256–7513; fax Since the issuance of that AD, de of the rule, it would add no additional costs, and would require no additional (516) 568–2716. Havilland has issued Revision ‘B’, dated work to be performed by affected SUPPLEMENTARY INFORMATION: July 1, 1988, and Revision ‘C’, dated operators. The current costs associated September 29, 1995, of Service Bulletin Comments Invited with this proposed rule are reiterated S.B. 8–11–14. The modification below for the convenience of affected procedures (Modification 8/0757) Interested persons are invited to operators: participate in the making of the specified in these revisions are The actions that are currently proposed rule by submitting such essentially identical to Revision ‘A’ of required by AD 88–09–05, and retained written data, views, or arguments as the service bulletin, which was in this proposal, take approximately 1 they may desire. Communications shall referenced in AD 88–09–05 as the work hour per airplane to accomplish, identify the Rules Docket number and appropriate source of service at an average labor rate of $60 per work be submitted in triplicate to the address information. However, the effectivity hour. Required parts are supplied by the specified above. All communications listing in Revisions ‘B’ and ‘C’ has been manufacturer at no cost to the operators. received on or before the closing date revised to eliminate certain airplanes on Based on these figures, the cost impact for comments, specified above, will be which Modification 8/0757 was on U.S. operators of the actions considered before taking action on the installed during production; therefore, currently required is estimated to be proposed rule. The proposals contained these airplanes are not affected by the $1,800, or $60 per airplane. in this notice may be changed in light addressed unsafe condition. The of the comments received. modification clearly marks the location Regulatory Impact Comments are specifically invited on and means of entering the lavatory. The regulations proposed herein the overall regulatory, economic, Transport Canada Aviation, which is would not have substantial direct effects environmental, and energy aspects of the airworthiness authority for Canada, on the States, on the relationship the proposed rule. All comments classified these service bulletins as between the national government and submitted will be available, both before mandatory and issued Canadian the States, or on the distribution of and after the closing date for comments, airworthiness directive CF–87–07R1, power and responsibilities among the in the Rules Docket for examination by dated June 30, 1995, in order to assure various levels of government. Therefore, interested persons. A report the continued airworthiness of these in accordance with Executive Order summarizing each FAA-public contact airplanes in Canada. 12612, it is determined that this proposal would not have sufficient concerned with the substance of this FAA’s Conclusions proposal will be filed in the Rules federalism implications to warrant the Docket. This airplane model is manufactured preparation of a Federalism Assessment. in Canada and is type certificated for For the reasons discussed above, I Commenters wishing the FAA to operation in the United States under the certify that this proposed regulation (1) acknowledge receipt of their comments provisions of section 21.29 of the is not a ‘‘significant regulatory action’’ submitted in response to this notice Federal Aviation Regulations (14 CFR under Executive Order 12866; (2) is not must submit a self-addressed, stamped 21.29) and the applicable bilateral a ‘‘significant rule’’ under the DOT postcard on which the following airworthiness agreement. Pursuant to Regulatory Policies and Procedures (44 statement is made: ‘‘Comments to this bilateral airworthiness agreement, FR 11034, February 26, 1979); and (3) if Docket Number 95–NM–266–AD.’’ The the Transport Canada Aviation has kept promulgated, will not have a significant postcard will be date stamped and the FAA informed of the situation economic impact, positive or negative, returned to the commenter. described above. The FAA has on a substantial number of small entities Availability of NPRMs examined the findings of the Transport under the criteria of the Regulatory Canada Aviation, reviewed all available Flexibility Act. A copy of the draft Any person may obtain a copy of this information, and determined that AD regulatory evaluation prepared for this NPRM by submitting a request to the action is necessary for products of this action is contained in the Rules Docket. FAA, Transport Airplane Directorate, type design that are certificated for A copy of it may be obtained by ANM–103, Attention: Rules Docket No. operation in the United States. contacting the Rules Docket at the 95–NM–266–AD, 1601 Lind Avenue, location provided under the caption Explanation of Requirements of SW., Renton, Washington 98055–4056. ADDRESSES. Proposed Rule Discussion List of Subjects in 14 CFR Part 39 Since an unsafe condition has been On April 22, 1988, the FAA issued identified that is likely to exist or Air transportation, Aircraft, Aviation AD 88–09–05, amendment 39–5908 (53 develop on other airplanes of the same safety, Safety. FR 15363, April 29, 1988), applicable to type design registered in the United The Proposed Amendment certain de Havilland Model DHC–8–100 States, the proposed AD would revise series airplanes, to require clearly AD 88–09–05 to continue to require Accordingly, pursuant to the marking the location and means of clearly marking the location and means authority delegated to me by the entering the lavatory. That action was of entering the lavatory. This action Administrator, the Federal Aviation prompted by reports of passengers would limit the applicability of the Administration proposes to amend part mistaking the airstair door operating existing AD to fewer airplanes. 39 of the Federal Aviation Regulations handle for the means of gaining access (14 CFR part 39) as follows: Cost Impact to the lavatory. The requirements of that PART 39ÐAIRWORTHINESS AD are intended to prevent inadvertent There are approximately 30 de DIRECTIVES opening of the airstair door and Havilland Model DHC–8–100 series consequent depressurization of the airplanes of U.S. registry that would be 1. The authority citation for part 39 airplane. affected by this proposed AD. continues to read as follows: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34769

Authority: 49 U.S.C. 106(g), 40113, 44701. Issued in Renton, Washington, on June 27, presented are particularly helpful in 1996. developing reasoned regulatory § 39.13 [Amended] S. R. Miller, decisions on the proposal. Comments 2. Section 39.13 is amended by Acting Manager, Transport Airplane are specifically invited on the overall removing amendment 39–5908 (53 FR Directorate, Aircraft Certification Service. regulatory, aeronautical, economic, 15363, April 29, 1988), and by adding [FR Doc. 96–16952 Filed 7–2–96; 8:45 am] environmental, and energy-related a new airworthiness directive (AD), to BILLING CODE 4910±13±U aspects of the proposal. read as follows: Communications should identify the airspace docket number and be De Havilland, Inc.: Docket 95–NM–266–AD. Revises AD 88–09–05, Amendment 39– 14 CFR Part 71 submitted in triplicate to the address listed above. Commenters wishing the 5908. [Airspace Docket No. 96±AGL±11] Applicability: Model DHC–8 series FAA to acknowledge receipt of their airplanes, serial numbers 3 through 79, Establishment of Class E Airspace; comments on this notice must submit inclusive; on which Modification 8/0757 has Miller, SD with those comments a self-addressed, not been installed; certificated in any stamped postcard on which the category. AGENCY: Federal Aviation following statement is made: Note 1: This AD applies to each airplane Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 96– identified in the preceding applicability ACTION: Notice of proposed rulemaking. AGL–11.’’ The postcard will be date/ provision, regardless of whether it has been time stamped and returned to the modified, altered, or repaired in the area SUMMARY: This notice proposes to commenter. All communications subject to the requirements of this AD. For establish Class E airspace at Miller received on or before the specified airplanes that have been modified, altered, or Municipal Airport, Miller, SD, to closing date for comments will be repaired so that the performance of the accommodate a Nondirectional Radio considered before taking action on the requirements of this AD is affected, the Beacon (NDB) to serve Runway 15. proposed rule. The proposal contained owner/operator must request approval for an Controlled airspace extending upward in this notice may be changed in light alternative method of compliance in from 700 to 1200 feet above ground of comments received. All comments accordance with paragraph (b) of this AD. level (AGL) is needed to contain aircraft submitted will be available for The request should include an assessment of executing the approach. The intended the effect of the modification, alteration, or examination in the Rules Docket, FAA, effect of this proposal is to provide repair on the unsafe condition addressed by Great Lakes Region, Office of the this AD; and, if the unsafe condition has not segregation of aircraft using instrument Assistant Chief Counsel, 2300 East been eliminated, the request should include approach procedures in instrument Devon Avenue, Des Plaines, Illinois, specific proposed actions to address it. conditions from other aircraft operating both before and after the closing date for Compliance: Required as indicated, unless in visual weather conditions. comments. A report summarizing each accomplished previously. DATES: Comments must be received on substantive public contact with FAA To prevent inadvertent opening of the or before August 5, 1996. personnel concerned with this airstair door and consequent ADDRESSES: Send comments on the rulemaking will be filed in the docket. depressurization of the airplane, accomplish proposal in triplicate to: Federal the following: Availability of NPRM’s Aviation Administration, Office of the (a) Within 60 days after June 10, 1988 (the Assistant Chief Counsel, AGL–7, Rules Any person may obtain a copy of the effective date of AD 88–09–05, amendment Notice of Proposed Rulemaking (NPRM) 39–5908), replace the labels marking the Docket No. 96–AGL–11, 2300 East Devon Avenue, Des Plaines, Illinois by submitting a request to the Federal location and means of opening the lavatory, Aviation Administration, Office of in accordance with the Accomplishment 60018. Instructions of de Havilland Service Bulletin The official docket may be examined Public Affairs, Attention: Public Inquiry 8–11–14, Revision ‘A’, dated July 31, 1987. in the Office of the Assistant Chief Center, APA–230, 800 Independence Avenue, S.W., Washington, DC 20591, Note 2: Replacement accomplished in Counsel, Federal Aviation accordance with de Havilland Service Administration, 2300 East Devon or by calling (202) 267–3484. Bulletin 8–11–14, Revision ‘B’, dated July 1, Avenue, Des Plaines, Illinois. An Communications must identify the 1988, or Revision ‘C’, dated September 29, informal docket may also be examined notice number of this NPRM. Persons 1995, is considered acceptable for during normal business hours at the Air interested in being placed on a mailing compliance with this paragraph. Traffic Division, Operations Branch, list for future NPRM’s should also (b) An alternative method of compliance or Federal Aviation Administration, 2300 request a copy of Advisory Circular No. adjustment of the compliance time that East Devon Avenue, Des Plaines, 11–2A, which describes the application provides an acceptable level of safety may be Illinois. procedure. used if approved by the Manager, New York Aircraft Certification Office (ACO), FAA, FOR FURTHER INFORMATION CONTACT: John The Proposal Engine and Propeller Directorate. Operators A. Clayborn, Air Traffic Division, The FAA is considering an shall submit their requests through an Operations Branch, AGL–530, Federal amendment to part 71 of the Federal appropriate FAA Principal Maintenance Aviation Administration, 2300 East Aviation Regulations (14 CFR part 71) to Inspector, who may add comments and then Devon Avenue, Des Plaines, Illinois establish Class E airspace at Miller send it to the Manager, New York ACO. 60018, telephone (847) 294–7568. Municipal Airport, Miller, SD to Note 3: Information concerning the accommodate a Nondirectional Radio existence of approved alternative methods of SUPPLEMENTARY INFORMATION: Beacon to serve Runway 15. Controlled compliance with this AD, if any, may be Comments Invited obtained from the New York ACO. airspace extending upward from 700 to Interested parties are invited to 1200 feet AGL is needed to contain (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 participate in this proposed rulemaking aircraft executing the approach. The of the Federal Aviation Regulations (14 CFR by submitting such written data, views, intended affect of this action is to 21.197 and 21.199) to operate the airplane to or arguments as they may desire. provide segregation of aircraft using a location where the requirements of this AD Comments that provide the factual basis instrument approach procedures in can be accomplished. supporting the views and suggestions instrument conditions from other 34770 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules aircraft operating in visual weather AGL SD E5 Miller, SD [New] Prevention, 633 Indiana Avenue NW., conditions. The area would be depicted Miller Municipal Airport, SD Room 742, Washington, DC 20531. on appropriate aeronautical charts (Lat. 44°31′31′′N, long. 98°57′29′′) FOR FURTHER INFORMATION CONTACT: Ms. thereby enabling pilots to That airspace extending upward from 700 Roberta Dorn, Director, State Relations circumnavigate the area or otherwise feet above the surface within a 6.6-mile and Assistance Division, Office of comply with IFR procedures. Class E radius of the Miller Municipal Airport and Juvenile Justice and Delinquency airspace designations for airspace areas that airspace extending upward from 1,200 Prevention, 633 Indiana Avenue NW., extending upward from 700 feet or more feet above the surface bounded on the west Room 543, Washington, DC 20531; (202) and northwest by V–263, on the south by V– above the surface of the earth are 307–5924. published in paragraph 6005 of FAA 120, and on the east by V–15 excluding the Aberdeen, SD; the Pierre, SD; the Mitchell, SUPPLEMENTARY INFORMATION: The Office Order 7400.9C dated August 17, 1995, SD; and the Huron, SD, 1,200 foot Class E of Juvenile Justice and Delinquency and effective September 16, 1995, which airspace areas and all federal airways. Prevention is proposing revisions to the is incorporated by reference in 14 CFR * * * * * existing Regulation, codified at 28 CFR 71.1. The Class E airspace designation Issued in Des Plaines, Illinois on June 17, Part 31, and inviting public comment on listed in this document would be 1996. the proposed changes. The proposed published subsequently in the Order. changes in the regulatory text The FAA has determined that this Maureen Woods, accomplish the following: proposed regulation only involves an Manager, Air Traffic Division. established body of technical [FR Doc. 96–17041 Filed 7–2–96; 8:45 am] (1) Revise § 31.303(d)(1)(i) to clarify the regulations for which frequent and BILLING CODE 4910±13±M level of contact that is prohibited between routine amendments are necessary to juveniles in a secure custody status within an institution and incarcerated adults; keep them operationally current. (2) Revise § 31.303(d)(1)(i) by providing an Therefore this, proposed regulation—(1) DEPARTMENT OF JUSTICE exception to the core requirement of Is not a ‘‘significant regulatory action’’ separation with respect to brief, and under Executive Order 12866; (2) is not Office of Juvenile Justice and inadvertent contact between juveniles in a a ‘‘significant rule’’ under DOT Delinquency Prevention secure custody status within an institution Regulatory Policies and Procedures (44 and incarcerated adults in nonresidential FR 11034; February 26, 1979); and (3) 28 CFR Part 31 areas; does not warrant preparation of a (3) Revise § 31.303(d)(1)(v) to permit the [OJP No. 1091] placement of an adjudicated delinquent in an Regulatory Evaluation as the anticipated institution with adults once the adjudicated RIN 1121±AA39 impact is so minimal. Since this is a delinquent reaches the State’s age of full routine matter that will only affect air criminal responsibility, when authorized by traffic procedures and air navigation, it OJJDP Formula Grants Regulation State law; is certified that this proposed rule will AGENCY: Office of Justice Programs, (4) Revise § 31.303(e)(2) to permit the not have a significant economic impact placement of an accused or adjudicated Office of Juvenile Justice and delinquent juvenile in an adult jail or lockup on a substantial number of small entities Delinquency Prevention. under the criteria of the Regulatory for up to six hours immediately before or ACTION: Proposed rule and request for after a court appearance for processing and Flexibility Act. public comment. transportation purposes; List of Subjects in 14 CFR Part 71 (5) Revise § 31.303(e)(3) by eliminating the SUMMARY: The Office of Juvenile Justice requirement for OJJDP concurrence in State Airspace, Incorporation by reference, and Delinquency Prevention (OJJDP) is approved collocated juvenile facilities, the Navigation (air). publishing for public comment requirement that a needs-based analysis proposed amendments to its Formula precede a jurisdiction’s request for State The Proposed Amendment approval, and to permit time-phased use of Accordingly, pursuant to the Grants Regulation, 28 CFR Part 31. The nonresidential areas of collocated facilities; authority delegated to me, the Federal Formula Grants Regulation implements (6) Revise § 31.303(f)(2) to expressly Aviation Administration proposes to Part B of Title II of the Juvenile Justice provide that accused status offenders can be amend part 71 of the Federal Aviation and Delinquency Prevention (JJDP) Act placed in a secure juvenile detention facility Regulations (14 CFR part 71) as follows: of 1974, as amended by the Juvenile for up to twenty-four hours, exclusive of Justice and Delinquency Prevention weekends and holidays, prior to an initial PART 71Ð[AMENDED] Amendments of 1992. The proposed court appearance and up to twenty-four amendments to the existing Regulation hours, exclusive of weekends and holidays, following an initial court appearance; 1. The authority citation for part 71 provide further clarification and continues to read as follows: (7) Revise § 31.303(f)(3)(vi) to eliminate the guidance to States in the formulation, regulatory recommendation that a multi Authority: 49 U.S.C. 106(g), 40103, 40113, submission and implementation of State 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– disciplinary team may be used to satisfy the 1963 Comp., p. 389; 14 CFR 11.69. Formula Grant plans and ‘‘public agency’’ requirement, under the valid determinations of State compliance with court order exception even if some members § 71.1 [Amended] plan requirements. They are intended to represent court or law enforcement agencies; 2. The incorporation by reference in provide additional flexibility and (8) Revise § 31.303(f)(4)(vi) to eliminate the 14 CFR 71.1 of the Federal Aviation greater clarity to participating States requirement that States document and describe in their annual monitoring report to Administration Order 7400.9C, Airspace with respect to key provisions related to OJJDP the specific circumstances Designations and Reporting Points, the core requirements of the JJDP Act. surrounding each use of distance/ground dated August 17, 1995, and effective DATES: Interested persons are invited to transportation and weather exceptions to the September 16, 1995, is amended as submit written comments which must jail and lockup removal requirement; follows: be received on or before August 19, (9) Revise § 31.303(f)(5)(i)(C) to define and 1996. clarify the scope of the exception to the Paragraph 6005 The Class E airspace areas deinstitutionalization of status offenders extending upward from 700 feet or more ADDRESSES: Address all comments to requirement for offenses under ‘‘§ 922(x) of above the surface of the earth. Mr. Shay Bilchik, Administrator, Office Title 18 or other similar State law’’ (relating * * * * * of Juvenile Justice and Delinquency to possession of handguns by juveniles); Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34771

(10) Revise § 31.303(f)(6)(i) to eliminate between incarcerated adults and immediately before or after a court portions of the section related to funding juveniles in close proximity of each appearance. Several States have advised eligibility for fiscal year 1993 and prior years other. For example, a detained juvenile OJJDP that the detention of a juvenile that are no longer applicable; who sees an adult inmate who is several prior to a court appearance and the (11) Revise § 31.303(f)(6)(ii) to permit hundred feet away is not in close immediate transport of a juvenile after States that do not have a law, regulation, or court rule prohibiting the incarceration of all proximity to the incarcerated adult. In a court appearance creates a difficulty if juvenile offenders in circumstances that this scenario, the juvenile is not there is more than one juvenile before would be in violation of the separation exposed to any conceivable harm as a the court on a given day or where requirement to be eligible for a finding of consequence of seeing an adult inmate separate facilities are not available. The compliance if reported violations do not several hundred feet away. A rule of secure detention of an alleged or constitute a pattern or practice and reason should be exercised by adjudicated delinquent in a jail or mechanisms are in place to prevent such jurisdictions in assessing whether a lockup for up to six hours immediately violations from recurring in the future; and juvenile who is exposed visually to an before or after a court appearance would (12) Revise § 31.303(j) to clarify the incarcerated adult is in close proximity be permissible when circumstances purpose of the Disproportionate Minority to that adult. warrant such a detention, and provided Confinement core requirement. With respect to sound contact, the that such juveniles are separated from Contact With Incarcerated Adults regulation would state that ‘‘direct’’ oral adult offenders. OJJDP recognizes that there has been communication between incarcerated adults and juveniles is prohibited. This Collocated Facilities a lack of clarity surrounding the issue of addition is intended to alleviate OJJDP currently requires that a needs- contact between juveniles and concerns over misinterpretation of this based analysis precede a jurisdiction’s incarcerated adults in secure facilities. provision. The purpose of the provision request for State approval and OJJDP’s OJJDP finds that the term ‘‘sight and is to prevent incarcerated adults from concurrence in order for a juvenile sound contact’’ needs to be clarified. In having direct oral communication with detention facility that is collocated with the 1992 amendments to the JJDP Act, juveniles, thereby reducing the an adult jail or lockup to qualify as a Congress amended the existing likelihood of intimidation and separate juvenile detention facility. ‘‘regular’’ contact standard that defined harassment. A rule of reason should also OJJDP finds that this requirement is best the level of permissible contact between be exercised with sound contact. Direct left to the State to determine whether a juveniles and incarcerated adults by oral communication such as needs-based analysis should be deleting the word ‘‘regular’’. OJJDP conversations and yelling in close required. In addition, OJJDP’s interpreted Congress’ intent to be that proximity is clearly prohibited. concurrence with a State agency’s ‘‘haphazard and accidental contact’’ However, an incarcerated adult yelling decision to approve a collocated facility between juveniles and incarcerated at a juvenile who is several hundred feet would no longer be required. The adults should be prohibited because this away may not be engaged in direct oral elimination of the needs-based analysis was the level of contact permitted under communication with the juvenile. and OJJDP’s concurrence does not the regulation implementing the no negate the separation criteria set forth in ‘‘regular contact’’ prohibition in effect Placement of Juveniles in Adult § 31.303(e)(3)(D). The regularly prior to the 1992 amendments. After Facilities scheduled review of State monitoring further review, OJJDP believes that the Under the current regulation, States systems would insure that the facility no contact prohibition should be are prohibited from administratively continues to meet the separate juvenile interpreted to preclude the systematic, reclassifying and transferring detention facility criteria. Consequently, procedural, and condoned contact adjudicated delinquents to adult OJJDP proposes to modify § 31.303(e)(3) between juveniles and incarcerated (criminal) correctional institutions. to reflect the elimination of the needs- adults in secure areas of facilities. OJJDP recognizes that State laws are based analysis and OJJDP’s concurrence. Consequently, OJJDP would not increasingly providing for the Under the current regulation, consider brief and inadvertent or mandatory or permissible transfer of collocated facilities are prohibited from accidental contact between juveniles adjudicated delinquents to adult sharing common use nonresidential and incarcerated adults in facilities once the delinquent has areas. Based on State and local input, nonresidential areas of a secure facility attained the age of full criminal OJJDP finds that common use to be a violation of the separation responsibility under State law. nonresidential areas should be requirement. Specifically, OJJDP Consequently, OJJDP proposes to amend permissible in collocated facilities. This proposes to amend the regulation to the regulation to provide that it is not would require the utilization of time- provide that brief and inadvertent a violation of the separation phasing in order to allow both juveniles contact between juveniles and requirement to transfer an adjudicated and adults access to available incarcerated adults in secure delinquent to an adult correctional educational, vocational, and nonresidential areas of a facility such as institution once the adjudicated recreational areas of collocated dining, recreational, educational, delinquent has reached the age of full facilities. The allowance of time-phased vocational, health care, sallyports and criminal responsibility established by use would apply only to nonresidential passageways (hallways) should not be State law. The proposed regulation areas in collocated facilities. considered a violation of the JJDP Act would permit the placement of an separation requirement. However, in adjudicated delinquent who reaches the Deinstitutionalization of Status any secure residential area of a facility, age of full criminal responsibility in an Offenders any contact between juvenile offenders adult correctional facility only when OJJDP has found that confusion exists and adult inmates is prohibited. such transfers are required or authorized over the secure detention of accused Further, the regulation would provide by State law. status offenders and non-offenders. For definitions for sight and sound contact OJJDP also proposes to amend the purposes of clarification, OJJDP is to assist in understanding what is regulation to permit the placement of an adding a paragraph at the end of permitted under § 223(a)(13). Sight alleged or adjudicated delinquent in an § 31.303(f)(2) to state clearly that it is contact is defined as clear visual contact adult jail or lockup for up to six hours permissible to hold an accused status 34772 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules offender or a nonoffender in a secure et seq. Specifically, § 922(x) makes it a have not enacted laws, rules, regulations juvenile detention facility for up to Federal delinquent offense for a juvenile or policies prohibiting the incarceration twenty-four hours, exclusive of to possess a handgun. The possession of of all juvenile offenders under weekends and holidays, prior to an a handgun by a juvenile is, however, a circumstances that would be in initial appearance and up to twenty-four status offense in those States where violation of the separation requirement. hours, exclusive of weekends and possession of a handgun by an adult is OJJDP proposes a single standard holidays, after an initial court permitted. Consequently, the Youth applicable to all States regardless of appearance. Handgun Safety Act specifically whether a law, regulation, rule or policy amended the JJDP Act to exclude from exists that prohibits the detention of Valid Court Order the deinstitutionalization of status juveniles with incarcerated adults. Under the current statute and offenders requirement a juvenile who Specifically, compliance can be regulation, an independent public has violated § 922(x) or a similar State established under circumstances in agency (other than a court or law law. For the purpose of clarification, which the instances do not indicate a enforcement agency) is required to where § 922(x) initially appears in the pattern or practice and mechanisms or prepare and submit a written report to regulation, it is described as a federal plans to address exist within the State a court that is considering an order that law prohibiting the possession of a to ensure that such instances are directs or authorizes the placement of a handgun by a juvenile and specifically unlikely to recur in the future. status offender in a secure facility for excluding such a violation, or the Minority Detention and Confinement the violation of a valid court order. A violation of a similar State law, from the multi disciplinary review team that coverage of the deinstitutionalization of Several States have expressed concern operates independently of a court is status offenders requirement. over the Disproportionate Minority described in the regulation as one Confinement (§ 223(a)(23)) core option for meeting the requirement, Compliance requirement of the JJDP Act. even where some members of the team OJJDP would delete the first two Specifically, this core requirement has may be law enforcement or court agency sentences of § 31.303(f)(6)(i) because it been criticized as requiring the staff. Pretrial Service agencies are pertains to States substantially establishment of numerical standards or another option for jurisdictions to complying with the quotas in order for a State to achieve or consider to meet the criteria of ‘‘other deinstitutionalization of status offenders maintain compliance. This is not the than a court or law enforcement core requirement in fiscal year 1993 and purpose of the statute or its agency.’’ These offices operate in prior years. The substantial compliance implementing regulation. In order to various jurisdictions to assess and criteria allowed States to be eligible for respond to this concern, two sentences evaluate individuals who are before the formula grant funding during these have been added to § 31.303(j) of the court for a determination on pretrial years if the State had achieve a seventy regulation to state specifically that the release or custody. The intent of this five percent reduction in the aggregate purpose of the statute and regulation is multi disciplinary provision was to number of status offenders and to encourage States to address, provide States with an example of a nonoffenders held in secure detention programmatically, any features of its public agency that would meet the or correctional facilities and had made justice system that may account for the criteria where some members of a team an unequivocal commitment to disproportionate detention or were employed by the courts and/or law achieving full compliance. Because this confinement of minority juveniles. The enforcement. Because the wording of standard does not apply to fiscal years section states clearly that the this provision had led some States to the beyond 1994, OJJDP would remove it Disproportionate Minority Confinement conclusion that multi disciplinary teams from the regulation. However, the core requirement neither requires nor are required, the provision would be portion of the section that defines full establishes numerical standards or deleted from the regulation. compliance would remain. quotas in order for a State to achieve or Under the current regulation, maintain compliance. Removal Exception compliance with the separation Executive Order 12866 States are required to document and requirement is considered to be describe, in their annual monitoring achieved when a State can demonstrate This proposed rule is not a report to OJJDP, the specific that in the last monitoring report, ‘‘significant regulatory action’’ for circumstances surrounding each covering a full 12 months of data, no purposes of Executive Order 12866 individual use of the distance/ground juveniles were incarcerated in because it does not result in: (1) An transportation and weather exceptions circumstances in violation of the annual effect on the economy of $100 to the jail and lockup removal separation requirement. Also, million or more or adversely affect in a requirement. OJJDP finds this compliance can be achieved where a material way the economy, a sector of requirement to be overly burdensome on State has a law, regulation, court rule, the economy, productivity, competition, the States and therefore proposes that it or other established executive or jobs, the environment, public health or be deleted from the regulation. judicial policy clearly prohibiting the safety, or state, local or tribal incarceration of juvenile offenders in governments or communities; (2) create Reporting Requirement circumstances that would be in a serious inconsistency or otherwise The JJDP Act provides that juveniles violation of the separation requirement, interfere with action taken or planned may be securely detained or confined and violations reported do not by another agency; (3) materially alter pursuant to 18 U.S.C. 922(x) or a similar constitute a pattern or practice in the the budgetary impact of entitlement, State law. Section 922(x) was added to State. However, a State that has no law grants, user fees, or loan programs or the the Federal Criminal Code by the Youth or policy that mirrors the JJDP Act rights and obligations of recipients Handgun Safety Act that was passed as separation requirement could not be in thereof; and (4) does not raise novel a part of the Violent Crime Control and compliance if any juvenile was held in legal or policy issues arising out of legal Law Enforcement Act of 1994, Pub. L. violation of the separation requirement. mandates, the President’s priorities or No. 103–322, 108 Stat. 1796 (1994), OJJDP proposes to modify this policy in the principles of Executive Order No. codified as amended at 42 U.S.C. 13701 order not to unfairly penalize States that 12866. The Office of Management and Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34773

Budget has waived its review process enforcement custody. Secure detention § 31.303 Substantive requirements. for this rule under Executive Order or confinement may result either from * * * * * 12866. being placed in such a room or area (e) * * * and/or from being physically secured to Regulatory Flexibility Act (2) Describe the barriers that a State a cuffing rail or other stationary object. faces in removing all juveniles from This proposed rule, if promulgated, Sight contact is defined as clear visual adult jails and lockups. This will not have a ‘‘significant’’ economic contact between incarcerated adults and requirement excepts only those alleged impact on a substantial number of small juveniles within close proximity to each or adjudicated juvenile delinquents ‘‘entities’’ as defined by the Regulatory other. Sound contact is defined as direct placed in a jail or a lockup for up to six Flexibility Act. This action is intended oral communication between hours from the time they enter a secure to relieve existing requirements in the incarcerated adults and juveniles. custody status or immediately before or Formula Grants program and to clarify Separation must be accomplished in all after a court appearance, those juveniles other provisions so as to promote secure areas of the facility which formally waived or transferred to compliance with its provisions by States include, but are not limited to, criminal court and against whom participating in the program. admissions, sleeping, toilet and shower, criminal felony charges have been filed, Paperwork Reduction Act and other areas, as appropriate. Brief or juveniles over whom a criminal court and inadvertent or accidental contact has original or concurrent jurisdiction No collections of information between juveniles in a secure custody and such court’s jurisdiction has been requirements are contained in or status and incarcerated adults, in secure invoked through the filing of criminal affected by this regulation pursuant to nonresidential areas of a facility such as felony charges. the Paperwork Reduction Act, codified dining, recreational, educational, (3) Collocated facilities. (i) Determine at 44 U.S.C. 3504(H). vocational, health care, sally ports or whether or not a facility in which Intergovernmental Review of Federal other entry areas, and passageways juveniles are detained or confined is an Programs (hallways) would not require a State to adult jail or lockup. The JJDP Act document or report such contact as a In accordance with Executive Order prohibits the secure custody of juveniles violation. However, any contact in a 12372 and the Department of Justice’s in adult jails and lockups, except as residential area of a secure facility implementing regulation 28 CFR Part otherwise provided under the Act and between juveniles and incarcerated 30, States must submit Formula Grant implementing OJJDP regulations. adults would be a reportable violation. Program applications to the State Juvenile facilities collocated with adult ‘‘Single Point of Contact,’’ if one exists. * * * * * facilities are considered adult jails or The State may take up to 60 days from (v) Assure that adjudicated lockups unless paragraphs (e)(3)(i)(C)(1) the application date to comment on the delinquents are not reclassified through (4) criteria established in this application. administratively and transferred to an section are complied with. (A) A collocated facility is a juvenile List of Subjects in 28 CFR Part 31 adult (criminal) correctional authority to avoid the intent of separating juveniles facility located in the same building as Grant programs—law, Juvenile from adult criminals in jails or an adult jail or lockup, or is part of a delinquency, Grant programs. correctional facilities. A State is not related complex of buildings located on For the reasons set forth in the prohibited from placing or transferring the same grounds as an adult jail or preamble, it is proposed to amend the an alleged or adjudicated delinquent lockup. A complex of buildings is OJJDP Formula Grants Regulation, 28 who reaches the State’s age of full considered ‘‘related’’ when it shares CFR Part 31, as follows: criminal responsibility to an adult physical features such as walls and facility when required or authorized by fences, or services beyond mechanical PART 31Ð[AMENDED] State law. However, the administrative services (heating, air conditioning, transfer, without statutory direction or water and sewer), or the specialized 1. The authority citation for Part 31 services that are allowable under would continue to read as follows: authorization, of a juvenile offender to an adult correctional authority, or a paragraph (e)(3)(i)(C)(3) of this section. Authority: 42 U.S.C. 5601 et seq. transfer within a mixed juvenile and (B) The State must determine whether 2. Section 31.303 is amended by adult facility for placement with adult a collocated facility qualifies as a revising paragraphs (d)(1)(i) and (v) to criminals, either before or after a separate juvenile detention facility read as follows: juvenile reaches the age of full criminal under the four criteria set forth in responsibility, is prohibited. A State is paragraphs (e)(3)(i)(C)(1) through (4) of § 31.303 Substantive requirements. also precluded from transferring adult this section for the purpose of * * * * * offenders to a juvenile correctional monitoring compliance with (d)(1) * * * authority for placement in a juvenile § 223(a)(12)(A), (13) and (14) of the JJDP (i) Separation. Describe its plan and facility. This neither prohibits nor Act. procedure, covering the three-year restricts the waiver or transfer of a (C) Each of the following four criteria planning cycle, for assuring that the juvenile to criminal court for must be met in order to ensure the requirements of this section are met. prosecution, in accordance with State requisite separateness of a juvenile The term ‘‘contact’’ includes any law, for a criminal felony violation, nor detention facility that is collocated with physical or sustained sight or sound the detention or confinement of a an adult jail or lockup: contact between juveniles in a secure waived or transferred criminal felony (1) Separation between juveniles and custody status and incarcerated adults, violator in an adult facility. adults such that there could be no sight including inmate trustees. A juvenile in or sound contact between juveniles and a secure custody status is one who is * * * * * incarcerated adults in the facility. physically detained or confined in a 3. Section 31.303(e) is amended by Separation can be achieved locked room or other area set aside or revising paragraphs (e)(2), (e)(3) architecturally or through time-phasing used for the specific purpose of securely introductory text and (e)(3)(i) to read as of common use nonresidential areas; detaining persons who are in law follows: and 34774 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

(2) Separate juvenile and adult offenders in lawful custody can be held from the twenty-four hours initial court programs, including recreation, in a secure juvenile detention facility for appearance standard required by education, vocation, counseling, dining, up to twenty-four hours, exclusive of paragraph (f)(4)(i) of this section. sleeping, and general living activities. weekends and holidays, prior to an * * * * * There must be an independent and initial court appearance and for an 5. Section 31.303(f)(5)(i)(C) is revised comprehensive operational plan for the additional twenty-four hours, exclusive to read as follows: juvenile detention facility which of weekends and holidays, following a provides for a full range of separate court appearance. § 31.303 Substantive requirements. program services. No program activities (3) * * * * * * * * may be shared by juveniles and (vi) In entering any order that directs (f) * * * incarcerated adults. Time-phasing of or authorizes the placement of a status (5) * * * common use nonresidential areas is offender in a secure facility, the judge (i) * * * permissible to conduct program presiding over an initial probable cause (C) The total number of accused status activities. Equipment and other hearing or violation hearing must offenders and nonoffenders, including resources may be used by both determine that all the elements of a out-of-State runaways and Federal populations subject to security valid court order (paragraphs (f)(3)(i), wards, held in any secure detention or concerns; and (ii) and (iii) of this section) and the correctional facility for longer than (3) Separate staff for the juvenile and applicable due process rights (paragraph twenty-four hours (not including adult populations, including (f)(3)(v) of this section) were afforded weekends or holidays), excluding those management, security, and direct care the juvenile and, in the case of a held pursuant to the valid court order staff. Staff providing specialized violation hearing, the judge must obtain provision as set forth in paragraph (f)(3) services (medical care, food service, and review a written report that: of this section or pursuant to section laundry, maintenance and engineering, reviews the behavior of the juvenile and 922(x) of Title 18, United States Code etc.) who are not normally in contact the circumstances under which the (which prohibits the possession of a with detainees, or whose infrequent juvenile was brought before the court handgun by a juvenile), or a similar contacts occur under conditions of and made subject to such order; State law. A juvenile who violates this separation of juveniles and adults, can determines the reasons for the juvenile’s statute, or a similar state law, is serve both populations (subject to State behavior; and determines whether all excepted from the deinstitutionalization standards or licensing requirements). dispositions other than secure of status offenders requirement; The day to day management, security confinement have been exhausted or are * * * * * and direct care functions of the juvenile clearly inappropriate. This report must 6. Section 31.303 is amended by detention center must be vested in a be prepared and submitted by an revising paragraphs (f)(6)(i) and (ii) to totally separate staff, dedicated solely to appropriate public agency (other than a read as follows: the juvenile population within the court or law enforcement agency). collocated facilities; and § 31.303 Substantive requirements. (4) In States that have established * * * * * * * * * * standards or licensing requirements for (4) * * * (f) * * * juvenile detention facilities, the juvenile (vi) Pursuant to section 223(a)(14) of (6) * * * facility must meet the standards (on the the JJDP Act, the non-MSA (low (i) Full compliance with section same basis as a free-standing juvenile population density) exception to the jail 223(a)(12)(A) is achieved when a State detention center) and be licensed as and lockup removal requirement as has removed 100 percent of status appropriate. If there are no State described in paragraphs (f)(4)(i) through offenders and nonoffenders from secure standards or licensing requirements, (v) of this section will remain in effect detention and correctional facilities or OJJDP encourages States to establish through 1997, and will allow for secure can demonstrate full compliance with administrative requirements that custody beyond the twenty-four-hour de minimis exceptions pursuant to the authorize the State to review the period described in paragraph (f)(4)(i) of policy criteria contained in the Federal facility’s physical plant, staffing this section when the facility is located Register of January 9, 1981 (46 FR 2566– patterns, and programs in order to where conditions of distance to be 2569). approve the collocated facility based on traveled or the lack of highway, road, or (ii) Compliance with section prevailing national juvenile detention other ground transportation do not 223(a)(13) has been achieved when a standards. allow for court appearances within State can demonstrate that: twenty-four hours, so that a brief (not to (A) The last submitted monitoring * * * * * 4. Section 31.303 is amended by exceed an additional forty-eight hours) report, covering a full 12 months of revising paragraphs (f)(2), (3)(vi), and delay is excusable; or the facility is data, demonstrates that no juveniles (4)(vi) to read as follows: located where conditions of safety exist were incarcerated in circumstances that (such as severely adverse, life- were in violation of section 223(a)(13); § 31.303 Substantive requirements. threatening weather conditions that do or * * * * * not allow for reasonably safe travel), in (B)(1) The instances reported under (f) * * * which case the time for an appearance paragraph (f)(6)(ii)(A) of this section do (2) For the purpose of monitoring for may be delayed until twenty-four hours not indicate a pattern or practice but compliance with section 223(a)(12)(A) after the time that such conditions allow rather constitute isolated instances; and of the Act, a secure detention or for reasonably safe travel. States may (2) Existing mechanisms or plans to correctional facility is any secure public use these additional statutory address these incidences are such that or private facility used for the lawful allowances only where the precedent they are unlikely to recur in the future. custody of accused or adjudicated requirements set forth in paragraphs * * * * * juvenile offenders or non-offenders, or (f)(4)(i) through (v) of this section have 7. Section 31.303 is amended by used for the lawful custody of accused been complied with. This may inserting the following sentences after or convicted adult criminal offenders. necessitate statutory or judicial (court the 2nd sentence of paragraph (j) Accused status offenders or non rule or opinion) relief within the State introductory text: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34775

§ 31.303 Substantive requirements. Area Boulevard, Clear Lake, TX 77058. concepts such as ‘‘marine * * * * * Written comments may be mailed to the transportation-related facility,’’ (j) * * * The purpose of the statute Executive Secretary, Marine Safety ‘‘maximum extent practicable,’’ and and regulation is to encourage States to Council (G–LRA/3406) (CGD 94–032 ‘‘worst case discharge.’’ The rules also address, programmatically, any features and 94–048), U.S. Coast Guard provide a specific format for these of its justice system, and related laws Headquarters, 2100 Second Street SW., response plans; however, they allow for and policies, which may account for the Washington, DC 20593–0001 or may be deviations from this format as long as disproportionate detention or delivered to room 3406 at the above the required information is included confinement of minority juveniles in address between 8 a.m. and 3 p.m., and there is a cross reference sheet secure detention facilities, secure Monday through Friday, except Federal identifying its location. The Coast Guard correctional facilities, jails and lockups. holidays. The telephone number if (202) is considering using these concepts or The Disproportionate Minority 267–1477 modifying them as necessary in the Confinement core requirement neither The Executive Secretary maintains the regulations for response plans for establishes nor requires numerical public docket for this rulemaking. hazardous substances. Comments will become part of this standards or quotas in order for a State Public Meeting to achieve or maintain compliance. docket and will be available for *** inspection or copying at room 3406, The Coast Guard will hold two public U.S. Coast Guard Headquarters. * * * * * meetings, the first on July 30, 1996, and Dated: June 26, 1996. FOR FURTHER INFORMATION CONTACT: LT the second on August 5, 1996. The Cliff Thomas, Project Manager, Office of Shay Bilchik, public is invited to comment on the Standards Evaluation and Development, issues discussed in the 96 questions Administrator, Office of Juvenile Justice and at (202) 267–1099. This number is Delinquency Prevention. listed in the ANPRM. The general areas equipped to record messages on a 24- in which the Coast Guard seeks public [FR Doc. 96–16842 Filed 7–2–96; 8:45 am] hour basis. Copies of the advanced comment are response plan contents BILLING CODE 4410±18±P notice of proposed rulemaking and format, carriage of response (ANPRM) may be obtained by equipment, training requirements, and submitting a request by facsimile at economic impacts. DEPARTMENT OF TRANSPORTATION (202) 267–4547. Attendance is open to the public. SUPPLEMENTARY INFORMATION: Persons who are hearing impaired may Coast Guard request sign translation by contacting Background Information 33 CFR Parts 154 and 155 the person under FOR FURTHER Response Plans for Hazardous INFORMATION CONTACT at least one week [CGD 94±032 and 94±048] Substances before the meeting. With advance notice, and as time permits, members of RIN 2115±AE87 and 2115±AE88 The advanced noticed of proposed the public may make oral presentations rulemaking (ANPRM) (61 FR 20084), during the meeting. Persons wishing to Tank Vessel and Facility Response published on May 3, 1996, solicited make oral presentations should notify Plans, and Response Equipment for comments on 96 questions to assist in the person listed above under FOR Hazardous Substances the development of a notice of proposed FURTHER INFORMATION CONTACT no later rulemaking for vessels and a notice of AGENCY: Coast Guard, DOT. than the day before the meeting. Written proposed rulemaking for marine material may be submitted prior to, ACTION: Notice of public hearings. transportation-related facilities (MTR). Section 311(j)(5) of the Federal Water during, or after the meeting. Persons SUMMARY: The Coast Guard is holding Pollution Control Act (FWPCA) [33 unable to attend the public meetings are two public meetings on its proposed U.S.C. 1321(j)(5)], as amended by encouraged to submit written comments regulations under the Oil Pollution Act section 4202(a) of OPA 90, requires as outlined in the ANPRM prior to of 1990 (OPA 90) relating to the owners and operators of tank vessels, September 3, 1996. preparation of hazardous substance offshore facilities, and onshore facilities Dated: June 27, 1996. response plans to minimize the impact that could reasonably be expected to Joseph J. Angelo, of a discharge or release of hazardous cause harm to the environment to substances into the navigable waters of Director, of Standards, Marine Safety and prepare and submit plans for Environmental Protection. the United States. There is substantial responding, to the maximum extent public interest in the rulemaking. The [FR Doc. 96–17002 Filed 7–2–96; 8:45 am] practicable, to a worst case discharge, or Coast Guard is conducting the public BILLING CODE 4910±14±M a substantial threat of such a discharge, meetings to receive view on what of oil or hazardous substance. Section should be regulated and what 4202(b)(4) of OPA 90 establishes an appropriate regulations should be. ENVIRONMENTAL PROTECTION implementation schedule for these AGENCY DATES: The meetings will be held on requirements with regard to oil. July 30, 1996, and August 5, 1996. The However, section 4202(b)(4) did not 40 CFR Part 80 meetings will begin at 9:00 a.m. establish a compliance date requiring Comments must be received on or response plans for hazardous [FRL±5531±1] before September 3, 1996. substances. ADDRESSES: The July 30, 1996, meeting The Coast Guard issued two separate Use of Alternative Analytical Test will be held in room 6200, Department final rules: one requiring response plans Methods in the Reformulated Gasoline of Transportation, Nassif Building, 400 for tank vessels carrying oil in bulk and Program Seventh Street SW., Washington, DC another requiring response plans for AGENCY: Environmental Protection 20590. The August 5, 1996, meeting will marine transportation-related facilities Agency. be held in the lecture hall of the Center (MTR) that handle, store, or transport oil ACTION: Proposed rule. for Advanced Space Studies, 3600 Bay in bulk. These final rules define many 34776 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

SUMMARY: This proposal would amend reasonable fee may be charged for standards for RFG to be used in the deadline for the use of certain copying docket material. specified ozone nonattainment areas alternative analytical test methods in FOR FURTHER INFORMATION CONTACT: (covered areas), as well as standards for the reformulated gasoline (RFG) Joseph R. Sopata, Chemist, U.S. non-reformulated, or conventional, program. Currently, the deadline for the Environmental Protection Agency, gasoline used in the rest of the country, use of these alternative test methods Office of Air and Radiation, (202) 233– beginning in January, 1995. The Act expires on January 1, 1997. This 9034. requires that RFG reduce VOC and proposed amendment would extend the SUPPLEMENTARY INFORMATION: toxics emissions from motor vehicles, deadline for the use of alternative test not increase NOx emissions, and meet Regulated Entities. Entities potentially methods in the reformulated gasoline certain content standards for oxygen, regulated by this action are those that program to September 1, 1998. benzene and heavy metals. EPA EPA is considering expanding the use analytical test methods to comply with the Reformulated Gasoline promulgated the final RFG regulations ability of industry to use various 1 Program. Regulated categories and on December 15, 1993. See 40 CFR part alternative analytical test methods. 80, subpart D. Extension of this deadline will allow entities include: refiners and others to continue using the B. Test Methods Utilized at § 80.46 Examples of regu- currently approved alternative Category lated entities analytical test methods pending a final Refiners, importers and oxygenate decision by EPA on additional Industry ...... Oil refiners, gasoline blenders are required, among other alternatives. This proposed extension importers, oxygen- things, to test RFG for various gasoline would result in greater flexibility for the ate blenders, ana- parameters or qualities, such as sulfur regulated industry and reduce costs to lytical testing lab- levels, aromatics, benzene, and so on. all interested parties. oratories. During the federal RFG rulemaking, and The RFG program reduces motor in response to comments by the This table is not intended to be regulated industry, EPA concluded that vehicle emissions of volatile organic exhaustive, but rather provides a guide it would be appropriate to temporarily compounds (VOC), oxides of nitrogen for readers regarding entities likely to be allow the use of alternative analytical (NOx) and certain toxic pollutants. This regulated by this action. This table lists proposed change in the deadline for the the types of entities that EPA is now test methods for measuring the use of certain alternative test methods aware that could potentially be parameters of aromatics and oxygenates. under § 80.46 preserves the status quo of regulated by this action. Other types of See 40 CFR 80.46. EPA adopted this the RFG program and will have no entities not listed in this table could provision because the designated change in the emission benefits that also be regulated. To determine whether analytical test methods for each of these result from the RFG program. your business is regulated by this parameters were costly and relatively DATES: Comments on this proposed rule action, you should carefully examine new, leaving the industry little time to must be received by August 2, 1996. the applicability criteria in § 80 of title fully implement the designated ADDRESSES: Written comments on this 40 of the Code of Federal Regulations. analytical test methods. EPA therefore proposed action should be addressed to If you have any questions regarding the provided flexibility to the regulated Public Docket No. A–96–29, Waterside applicability of this action to a industry by allowing the use of Mall (Room M–1500), Environmental particular entity, consult the person alternative analytical test methods for Protection Agency, Air Docket Section, listed in the preceding FOR FURTHER the two above mentioned parameters 401 M Street, S.W., Washington, D.C. INFORMATION CONTACT section. until January 1, 1997. After that date, 20460. Materials relevant to this I. Introduction use of the designated analytical test rulemaking have been placed in Docket methods was required. Table 1 lists the A–96–29. Documents may be inspected A. RFG Standards designated analytical test method for between the hours of 8:00 a.m. to 5:30 Section 211(k) of the Clean Air Act each parameter measured under the p.m., Monday through Friday. A (the Act) requires that EPA establish RFG program.

TABLE 1.ÐDESIGNATED ANALYTICAL TEST METHOD UNDER THE RFG PROGRAM

RFG gasoline parameter Designated analytical test method

Sulfur ...... ASTM D±2622±92, entitled ``Standard Test Method for Sulfur in Petroleum Products by X-Ray Spectrom- etry''. Olefins ...... ASTM D±1319±93, entitled ``Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Absorption''. Reid Vapor Pressure ...... Method 3, as described in 40 CFR part 80, appendix E. Distillation ...... ASTM D±86±90, entitled ``Standard Test Method for Distillation of Petroleum Products''. 1 Benzene ...... ASTM D±3606±92, entitled ``Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography''.2 Aromatics ...... Gas Chromatography as described in 40 CFR part 80.46(f).3 Oxygen and Oxygenate content Gas Chromatography as described in 40 CFR part 80.46(g).4 analysis. 1 Except that the figures for repeatability and reproducibility given in degrees Fahrenheit in Table 9 in the ASTM method are incorrect, and shall not be used. 2 Except that Instrument parameters must be adjusted to ensure complete resolution of the benzene, ethanol and methanol peaks because ethanol and methanol may cause interference with ASTM standard method D±3606±92 when present.

1 59 FR 7812, February 16, 1994. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34777

3 Prior to January 1, 1997, any refiner or importer may determine aromatics content using ASTM standard test method D±1319±93 entitled ``Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Absorption'' for the purpose of meeting any testing requirement involving aromatics content. Note: The January 1, 1997 deadline is the subject of today's notice. 4 Prior to January 1, 1997, and when oxygenates present are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 and C4 alco- hols, any refiner, importer, or oxygenate blender may determine oxygen and oxygenated content using ASTM standard method D±4815±93, enti- tled ``Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 and C4 Alcohols in Gasoline by Gas Chromatography. Note: The January 1, 1997 deadline is the subject of today's notice.

C. NPRA, API and Mobil Request To based analytical test method approach (1) Have an annual effect on the Extend the Deadline for the Use of in order that parties may make long- economy of $100 million or more, or Alternative Analytical Test Methods at term purchase decisions based on all the adversely affect in a material way the § 80.46 Beyond January 1, 1997 testing options that could be available at economy, a sector of the economy, Mobil Oil Corporation, the American the conclusion of this rulemaking. productivity, competition, jobs, the environment, public health or safety, or Petroleum Institute (API) and the II. Environmental Impact National Petroleum Refiners Association State, local or tribal governments of (NPRA) have requested that EPA extend The RFG program, as required by the communities; the deadline for the use of alternative Act, obtains emission reductions for (2) Create a serious inconsistency or analytical test methods for the VOC, NOX and toxic emissions from otherwise interfere with an action taken measurement of aromatics and motor vehicles. This proposed change in or planned by another agency; oxygenates as specified in § 80.46. the deadline for the use of certain (3) Materially alter the budgetary Currently, the ability to use alternative alternative test methods under § 80.46 impact of entitlements, grants, user fees, analytical test methods under § 80.46 preserves the status quo of the RFG or loan programs or the rights and expires on January 1, 1997. In a program and will result in no change in obligations of recipients thereof, or September 25, 1995 letter to EPA, API the emission benefits of the RFG (4) Raise novel legal or policy issues and NPRA jointly urged extension of the program. arising out of legal mandates, the deadline for the use of alternative III. Economic Impact President’s priorities, or the principles analytical test methods at § 80.46 set forth in this Executive Order.3 beyond January 1, 1997. They argued an The Regulatory Flexibility Act, 5 It has been determined that this extension would allow industry to avoid U.S.C. 601–612, requires that Federal proposed rule is not a ‘‘significant the burden of ordering costly equipment Agencies examine the impacts of their regulatory action’’ under the terms of that would be more difficult to operate regulations on small entities. The act Executive Order 12866 and is therefore and maintain, in order to comply with requires an Agency to prepare a not subject to OMB review. regulatory flexibility analysis in the designated analytical test method. V. Unfunded Mandates They also contended that the designated conjunction with notice and comment analytical test method will not rulemaking, unless the Agency head Under Section 202 of the Unfunded necessarily improve test results. certifies that the rule will not have a Mandates Reform Act of 1995 EPA intends to undertake a significant impact on a substantial (‘‘UMRA’’), P.L. 104–4, EPA must rulemaking to consider establishing a number of small entities. 5 U.S.C. prepare a budgetary impact statement to performance based analytical test 605(b). This proposed rule provides for accompany any general notice of method approach for the measurement flexibility in allowing the regulated proposed rulemaking or final rule that of the reformulated gasoline (RFG) industry to use certain alternative includes a Federal mandate which may parameters at § 80.46. Under this analytical test methods at § 80.46 for result in estimated costs to State, local, approach, quality assurance eighteen additional months. This or tribal governments in the aggregate, specifications would be developed proposed rule is not expected to result or to the private sector, of $100 million under which the performance of in any additional compliance cost to or more. Under Section 205, for any rule alternate analytical test methods would regulated parties and may be expected subject to Section 202 EPA generally be deemed acceptable for compliance. to reduce compliance cost for regulated must select the least costly, most cost- The Agency envisions that this parties because it continues to provide effective, or least burdensome approach would provide additional a choice for the procurement of test alternative that achieves the objectives flexibility to the regulated industry in methods for aromatics and oxygenates of the rule and is consistent with their choice of analytical test methods to under the RFG program. This analysis statutory requirements. Under Section be utilized for compliance under the applies to regulated parties that are 203, before establishing any regulatory RFG and conventional gasoline small entities, as well as other regulated requirements that may significantly or programs for analytical test methods parties. Based on this, the Administrator uniquely affect small governments, EPA that differ from the designated certifies that this proposed rule will not must take steps to inform and advise analytical test method. EPA expects to have a significant impact on a small governments of the requirements finalize action on such a rulemaking by substantial number of small entities. and enable them to provide input. September 1, 1998. IV. Executive Order 12866 EPA has determined that this In the meantime, EPA today is proposed rule does not include a federal proposing to extend the deadline for the Under Executive Order 12866,2 the mandate as defined in UMRA. This use of the alternative analytical test Agency must determine whether a proposed rule does not include a procedures for aromatics and regulation is ‘‘significant’’ and therefore Federal mandate that may result in oxygenates under § 80.46(f)(3) and subject to OMB review and the estimated annual costs to State, local or § 80.46(g)(9) until September 1, 1998. requirements of the Executive Order. tribal governments in the aggregate, or The Agency believes that it would be The Order defines ‘‘significant to the private sector, of $100 million or more appropriate to allow parties to regulatory action’’ as one that is likely more, and it does not establish continue using these alternative to result in a rule that may: regulatory requirements that may analytical test methods until a final decision is made on the performance 2 58 FR 51735, October 4, 1993. 3 Id. at section 3(f)(1)–(4). 34778 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules significantly or uniquely affect small 40 CFR Part 90 reached by telephone at (202) 260–7548. governments. As provided in 40 CFR part 2, a [FRL±5530±8] reasonable fee may be charged by EPA List of Subjects in 40 CFR Part 80 Revised Carbon Monoxide (CO) for photocopying. Members of the Environmental protection, Air Standard for Class I and II public may call the contact person pollution control, Gasoline, Nonhandheld New Nonroad Phase 1 indicated below to find out whether a hearing will be held and if so, the exact Reformulated gasoline, Conventional Small Spark-Ignition Engines location. Requests for a public hearing gasoline, Motor vehicle pollution. AGENCY: Environmental Protection should be directed to the person Dated: June 26, 1996. Agency (EPA). indicated below. The hearing, if Carol M. Browner, ACTION: Notice of proposed rulemaking. requested, will be held in Michigan. Administrator. FOR FURTHER INFORMATION CONTACT: SUMMARY: Today EPA is proposing a Laurel Horne, U.S. Environmental For the reasons set forth in the revision of the Phase 1 carbon monoxide Protection Agency, 2565 Plymouth preamble, 40 CFR part 80 of the Code (CO) emission standard for Class I and Road, Ann Arbor, MI 48105. Telephone: of Federal Regulations is proposed to be II new nonroad spark-ignition (SI) (313) 741–7803. FAX: (313) 741–7816. amended as follows: engines at or below 19 kilowatts. Electronic mail: Today’s action would increase the 1. The authority citation for part 80 [email protected] standard from 469 grams per kilowatt- SUPPLEMENTARY INFORMATION: continues to read as follows: hour (g/kW-hr) to 519 g/kW-hr. This Regulated Entities Authority: Sections 114, 211, and 301(a) of proposed action is necessary to address the Clean Air Act as amended (42 U.S.C. the CO emission difference between Entities potentially regulated by this 7414, 7545, and 7601(a)). oxygenated and nonoxygenated fuels action are those which manufacture that was not reflected when the Agency engines used in nonhandheld Section 80.46 is amended by revising previously set the CO standard for these applications, such as lawnmowers, and the paragraphs under (f)(F)(3)(i) and nonhandheld engines in a final rule those which manufacture engines used (g)(G)(9)(i) to read as follows: published July 3, 1995. This correction exclusively to power snowthrowers. of the nonhandheld engine CO standard Regulated categories and entities § 80.46 Measurement of reformulated include: gasoline fuel parameters. would ensure that the CO standard for manufacturers of Class I and II small SI * * * * * engines used to power equipment such Category Examples of regulated entities (f) * * * as lawnmowers is achievable and Industry ..... Manufacturers of small (at or (3) Alternative Test Method. (i) Prior otherwise appropriate under the Clean below 19 kW) nonroad en- to September 1, 1998, any refiner or Air Act and that it is technically feasible gines used in nonhandheld importer may determine aromatics for manufacturers to certify their engine applications such as content using ASTM standard method models to the Phase 1 emission lawnmowers. Do ...... Manufacturers of small nonroad D–1319–93, entitled ‘‘Standard Test standards and make them commercially available for the 1997 model year. engines used exclusively to Method for Hydrocarbon Types in In addition, today’s action proposes to power snowthrowers. Liquid Petroleum Products by give the Administrator the option to Fluorescent Indicator Adsorption.’’ For This table is not intended to be permit the use of open crankcases in exhaustive, but rather provides a guide purposes of meeting any testing engines used exclusively to power for readers regarding entities likely to be requirement involving aromatic content, snowthrowers. This proposed change regulated by this action. This table lists provided that will give EPA the flexibility to allow the types of entities that EPA is now * * * * * certain engine manufacturers to certify aware could potentially be regulated by engines to be used in snowthrowers (g) * * * this action. Other types of entities not without making technological changes listed in the table could also be (9)(i) Prior to September 1, 1998, and that would severely impair the ability of regulated. To determine whether your when the oxygenates present are limited the engine to function or that would be company is regulated by this action, you to MTBE, ETBE, TAME, DIPE, tertiary- economically prohibitive. amyl alcohol, and C1 to C4 alcohols, should carefully examine the DATES: Written comments on this NPRM applicability criteria in section 90.1 of any refiner, importer, or oxygenate must be submitted by August 2, 1996. blender may determine oxygen and title 40 of the Code of Federal EPA will hold a public hearing on this Regulations. If you have questions oxygenate content using ASTM standard NPRM sometime between [Insert date 15 method D–4815–93, entitled ‘‘Standard regarding the applicability of this action days from date of publication] and to a particular entity, consult the person Test Method for Determination of August 2, 1996. If one is requested by MTBE, ETBE, TAME, DIPE, tertiary- listed in the preceding ‘‘FOR FURTHER July 15, 1996. INFORMATION CONTACT’’ section. Amyl Alcohol and C1 to C4 Alcohols in ADDRESSES: Written comments should Gasoline by Gas Chromatography,’’ for be submitted (in duplicate, if possible) II. Obtaining Electronic Copies of purposes of meeting any testing to: EPA Air and Radiation Docket, Documents requirement; provided that Attention Docket No. A–96–02, room Electronic copies of the preamble and * * * * * M–1500 (mail code 6102), 401 M St., the regulatory text of this notice of [FR Doc. 96–17027 Filed 7–2–96; 8:45 am] SW, Washington, D.C. 20460. Materials proposed rulemaking are available BILLING CODE 6560±50±P relevant to this rulemaking are electronically from the EPA Internet site contained in docket no. A–93–25 and and via dial-up modem on the docket no. A–96–02, and may be viewed Technology Transfer Network (TTN), from 8:00 a.m. until 5:30 p.m. which is an electronic bulletin board weekdays. The docket may also be system (BBS) operated by EPA’s Office Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34779 of Air Quality Planning and Standards. IV. The Carbon Monoxide Standard standard for nonhandheld small SI Both services are free of charge, except and Fuel Specification Issue engines. for your existing cost of Internet On March 4, 1996, Briggs and Stratton Both EPA and CARB have regulations connectivity or the cost of the phone Corporation submitted to EPA a petition that pertain to nonhandheld small SI call to TTN. Users are able to access and requesting reconsideration and revision engines. Nonhandheld small SI engines download files on their first call using of the certification fuel requirements manufactured for sale in the United a personal computer and modem per the and carbon monoxide (CO) emission States must meet EPA emission following information. standard for nonhandheld engines. The regulations starting with the 1997 model Internet: petition asks the Agency to amend its year. Engines produced for sale in World Wide Web: July 3, 1995 final rule, Emission California must also meet regulatory http://www.epa.gov/OMSWWW Standards for New Nonroad Spark- requirements specified by CARB. The Gopher: ignition (SI) Engines At or Below 19 small engine industry and other stakeholders have been actively gopher://gopher.epa.gov/ Follow Kilowatts, hereafter referred to as the involved in the development of EPA menus for: Offices/Air/OMS Phase 1 small SI engine regulations.1 and CARB nonroad engine regulations. FTP: Specifically, the petition requests that ftp://ftp.epa.gov/ Change Directory to the Agency amend the Phase 1 small SI CARB’s CO Standard and Fuel pub/gopher/OMS TTN BBS: 919– engine rule to either: (1) permit the use Specifications 541–5742 of appropriate oxygenated gasolines for CARB began the process of (1200–14400 bps, no parity, 8 data emissions certification testing as a direct 2 developing emission regulations for bits, 1 stop bit) Voice Help line: alternative to Indolene under the small nonroad engines under the 919–541–5384. current CO standard, or (2) revise the authority of the California Clean Air Act Off-line: Mondays from 8:00 AM to CO standard for nonhandheld small of 1988. In December 1990, the 12:00 noon EST. engines from 469 grams per kilowatt- California Regulations for 1995 and hour (g/kW-hr) to 536 g/kW-hr, in order A user who has not called TTN Later Utility and Lawn and Garden to reflect the emission characteristics of previously first will be required to Equipment Engines (hereafter referred to these engines when tested on answer some basic informational as the utility engine regulations) were nonoxygenated gasolines. Nonhandheld questions for registration purposes. initially approved. Among other engines are intended for use in After completing the registration requirements, CARB’s Tier 1 utility nonhandheld applications and fall engine regulations, as formally adopted process, proceed through the following under one of two classes based on menu choices from the Top Menu to 3 in March 1992, specified that Class I engine displacement. Class I engines and Class II engines produced from access information on this rulemaking. are less than 225 cubic centimeters (cc) GATEWAY TO TTN TECHNICAL January 1, 1995, through December 31, displacement, and Class II engines are 1998, must certify to a 300 gram per AREAS (Bulletin Boards) greater than or equal to 225 cc > brake horsepower-hour (g/bhp- Rulemaking and Reporting hr)carbon monoxide exhaust emission and Stratton petition, EPA is revising standard.5 <6> Non-Road the Phase 1 small SI engine regulation > In regard to certification fuel <2 Non-road Engines by increasing the CO standard for Class specifications, CARB’s utility engine At this point, the system will list all I and II nonhandheld small SI engines regulations referenced CARB on-road available files in the chosen category in from 469 g/kW-hr to 519 g/kW-hr. vehicle certification fuel specifications, reverse chronological order with brief To help the reader understand EPA’s which were adopted in 1987 and descriptions. To download a file, select response to the petitioner’s request, the amended in July 1991. Consequently, a transfer protocol that is supported by following text provides background on engine manufacturers could select to the terminal software on your own prior actions taken by the State of certify their engines using either computer, then set your own software to California’s Air Resources Board Indolene Clear or California Phase 1 receive the file using that same protocol. (CARB), EPA, and industry relating to Reformulated Gasoline. A later If unfamiliar with handling the fuel requirements and the CO amendment to the utility engine compressed (i.e. ZIP’ed) files, go to the regulations revised the certification fuel 1 60 FR 34582, July 3, 1995, codified at 40 C.F.R. TTN top menu, System Utilities part 90. The docket for the Phase 1 small SI engine specifications to incorporate the most (Command: 1) for information and the rulemaking, EPA Air Docket #A–93–25, is recent on-road motor vehicle fuel necessary program to download in order incorporated by reference. specification, California Phase II to unZIP the files of interest after 2 See section 90.308(b) and page 34589 of the Reformulated gasoline. In a related mail- preamble for the certification fuel specification for out, CARB stated that it had intended downloading to your computer. After the Phase 1 small SI engine rulemaking. Indolene getting the files you want onto your is one possible federal certification fuel. Indolene for engine test fuel specifications to be computer, you can quit the TTN BBS is not the only eligible fuel, but it is within the consistent with the on-road motor with the oodbye command. eligible range specified in part 86 (section 86.1313– vehicle fuel specifications 6; in the 94(a)) to which the Phase 1 small SI engine rule future, approved amendments to the Please note that due to differences refers. The Phase 1 small SI engine rulemaking between the software used to develop provides for a range and based on experience with CARB on-road vehicle fuel the document and the software into the on-highway program, EPA expects that engine specifications will be immediately which the document may be manufacturers will use Indolene. California Phase downloaded, changes in format, page II Reformulated Gasoline and other oxygenated 5 Throughout its utility engine regulations, CARB fuels are not within the range specified in the Phase uses horsepower (hp) measurements, while in its length, etc. may occur. 1 small SI engine rule. small SI engine regulations, EPA refers to kilowatts 3 III. Legal Authority For additional discussion of engine classes and (kW). To convert kilowatts to horsepower multiply handheld engine qualifications, see 60 FR 34585, kW by 1.34 and round to the same number of Authority for the actions set forth in July 3, 1995. significant digits. In this case, 300 g/bhp-hr = 402 4 this rule is granted to EPA by sections Class I engines are predominantly found in g/kW-hr. lawnmowers. Class II engines primarily include 6 See CARB Mail-out #94–20, May 4, 1994, Utility 213 and 301(a) of the Clean Air Act as engines used in generator sets, garden tractors, and and Lawn and Garden Equipment Engine Test Fuel amended (42 U.S.C. 7547 and 7601(a)). commercial lawn and garden equipment. Specifications. 34780 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules applicable to engine certification test standard from the proposed level of 402 had been demonstrated to meet. In fuels. g/kW-hr. The Engine Manufacturers conjunction with a test fuel like In July, 1995, Briggs and Stratton Association (EMA) also provided Indolene the 469 g/kW-hr nonhandheld Corporation petitioned CARB to amend comments in support of increasing the CO emission standard set in the Phase its 300 g/bhp-hr CO standard for Class CO emission standard for Class I and II 1 small SI engine regulations is more I and II engines to 350 g/bhp-hr. The nonhandheld engines from the proposed stringent than the Agency intended company argued that it was not 402 g/kw-hr to 469 g/kw-hr. EMA because it did not take into account the technically feasible to meet the 300 g/ argued that it is not technically feasible effect of the oxygenated fuel used in the bhp-hr CO standard. After consideration for a significant percentage of the test data on which EPA based the of Briggs and Stratton’s petition, CARB market to meet the more stringent standard. prepared a notice of public hearing and proposed standard. Again, at the time EPA set the an accompanying staff report.7 While On July 3, 1995, EPA published its standard, the Agency did not know expressing several concerns about the Phase 1 small SI engine final Briggs and Stratton’s data had been petition in the staff report, CARB staff rulemaking.11 The final provisions for generated through testing with recommended that the Board approve both the nonhandheld CO emission oxygenated fuels. In addition, when Briggs and Stratton’s request. At a standard and the certification fuel CARB decided to relax its CO standard public hearing on January 25, 1996, the specifications differed from the to 350 g/bhp-hr (469 g/kW-hr) in Board granted Briggs and Stratton’s proposed provisions. Based on its own January 1996, it noted that the standard request, and adopted the recommended review and analysis of the data would be less stringent than federal amendment to raise the Class I and II submitted by Briggs and Stratton regulations due to CARB’s allowance of CO exhaust emission standard to 350 g/ following publication of the NPRM, EPA oxygenated, reformulated gasoline for bhp-hr (equivalent to 469 g/kw-hr).8 decided to raise the CO standard for certification. Although the CARB 350 g/ bhp-hr CO standard and the federal 469 EPA’s CO Standard and Fuel nonhandheld engines from the proposed g/kW-hr CO standard are numerically Specifications level of 402 g/kw-hr to 469 g/kw-hr. The rationale for the increase of the equivalent, the latter does not allow for Not long after CARB began developing nonhandheld CO standard is discussed the use of oxygenated fuels such as its utility engine regulations, EPA in further detail in the final rule Phase II reformulated gasoline, and is decided to adopt a phased approach for response to comments document.12 therefore more stringent than EPA regulating emissions from small SI In the preamble to its final Phase 1 believes is appropriate in light of the engines under the authority of section small SI engine rule, EPA discussed the factors EPA is directed to consider in 213(a) of the Clean Air Act. For the first provisions for the type of fuel to be used CAA section 213(a)(3). The Agency phase, EPA determined that the for certification and confirmatory believes it is important to correct its regulations would be similar to the testing. In response to comments nonhandheld CO emission standard to CARB’s Regulation for 1995 and Later received on the NPRM, the Agency align with CARB’s new standard, and Utility and Lawn and Garden decided to expand the range of more importantly, to ensure that the Equipment Engines. EPA published its specifications for certification fuels such federal standard is technologically proposed rules on May 16, 1994. One that the fuel commonly referred to as achievable and otherwise appropriate provision of the proposal was that Indolene Clear, in addition to the Clean under section 213(a) by accounting for nonhandheld engines would be required Air Act Baseline (CAAB) fuel that was the CO emission offset between to certify to a CO standard set at 402 g/ discussed in the proposal, would be nonoxygenated and oxygenated fuels. kW-hr—equivalent to CARB’s original allowed.13 Indolene is the trade name Following publication of the Phase 1 CO standard of 300 g/bhp-hr. However, for the gasoline fuel specified at 40 CFR small SI engine final rule, Briggs and the certification test fuel specified in the 86.113 and 40 CFR 86.1313 for most on- Stratton raised concerns in meetings Phase 1 proposal was different from highway federal compliance test with EPA that the Class I and II 469 g/ CARB’s. In its notice of proposed procedures. Since the CARB regulation kW-hr CO emission standard was not rulemaking (NPRM), EPA specified a allows the use of either Indolene or technologically feasible given the fuel referred to as Clean Air Act finalized certification fuel provisions. 9 Phase 2 fuel, a test performed using Baseline (CAAB). EPA noted in its Indolene could be used to satisfy both The Agency indicated in a letter to the preamble that although oxygenated and federal and CARB requirements for EMA on November 3, 1995, that any reformulated gasoline fuel was available small SI engines. Unknown by the change to the CO standard necessary to in different areas around the United Agency at the time EPA finalized the reflect differences in fuel effects would States, the availability varied widely.10 rule, Briggs and Stratton’s data require that the Agency initiate a notice Reformulated or oxygenated gasoline 14 supporting the increased standard was and comment rulemaking process. was therefore not specified as a based on testing conducted with Additionally, EPA stated in certification test fuel for the Phase 1 oxygenated fuels, rather than the federal correspondence on January 24, 1996, NPRM. that if Briggs and Stratton submitted an Following publication of the Phase 1 fuel specified in the NPRM. In sum, while EPA had hoped its adequately supported petition to NPRM, Briggs and Stratton submitted allowance of Indolene as a test fuel reconsider the final rule on this issue, proprietary engine development data would facilitate consistency with EPA would initiate a rulemaking to raise and analysis to EPA. The company CARB’s program and allow the Phase 1 CO standard for argued that the data established a need manufacturers to conduct a single test nonhandheld engines by the amount of for an increase to the nonhandheld CO 15 for both the federal and CARB program, the emission offset. On March 4, 1996, the Agency in fact set a standard that Briggs and Stratton formally petitioned 7 See CARB Mail-out #95–43, Notice of January only engines tested on oxygenated fuel 25, 1996 Public Hearing. 14 Letter from Chester France, EPA to Jed Mandel, 8 CARB Resolution 96–1, January 25, 1996. EMA, November 3, 1995. A copy of this letter is 9 See Table 3 in Appendix A to Subpart D of Part 11 60 FR 34584, July 3, 1995. included in the docket for this rulemaking. 90 of the proposed Phase 1 regulations, available in 12 See Response to Comments on the NPRM, in 15 Letter from Paul Machiele, EPA to Addresses, EPA Air Docket #A–93–25, item III–A–2. EPA Air Docket #A–93–25, item V–C–01. January 24, 1996. A copy of this letter is included 10 59 FR 25419, May 16, 1994. 13 See 40 CFR 90.308(b)(1). in the docket for this rulemaking. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34781 the Agency to amend the Phase 1 small rule it was never indicated to EPA that of the Phase 1 small SI engine final rule, SI engine regulations in one of two the fuel these tests were conducted on however, the Agency has been made ways: To permit the use of oxygenated was something other than what EPA had aware of concerns specific to fuels for certification while maintaining proposed in its NPRM. Absent any manufacturers of engines used the 469 g/kW-hr CO standard, or to raise indication to the contrary, EPA had exclusively in snowthrowers. These the CO standard for nonhandheld assumed that Briggs and Stratton had manufacturers have indicated that it is engines to 536 g/kW-hr. used a nonoxygenated fuel such as necessary to maintain an open Clean Air Act Baseline when Basis for the Briggs and Stratton Petition crankcase in order to prevent the freeze conducting the tests that generated the up of the intake which would likely In its petition, Briggs and Stratton data the Agency used to set its occur if a crankcase breather hose was describes the grounds on which it nonhandheld CO emission standard. required. Additionally, these believes the Agency should grant its Had EPA been made aware of the fact manufacturers have provided evidence petition. The company argues that the that Briggs and Stratton had in fact used that the cost to close these crankcases Clean Air Act requires EPA to grant the oxygenated fuel as the test fuel, the and prevent freeze up would be petition and that granting the petition Agency would have taken the difference prohibitively expensive—possibly in will further the primary purposes of the in the effect of the fuel into account excess of the cost of the engine. Phase 1 small SI engine regulations by when setting its final CO standard for Furthermore, they have argued that the enhancing the in-use control of NOX nonhandheld engines. Analysis of data emissions benefit does not justify the emissions in small engine exhaust. recently supplied by Briggs and Stratton cost. HC + NOX emissions resulting Briggs and Stratton states in its of comparison testing using oxygenated from having the crankcase open for petition that the Agency is compelled by and nonoxygenated fuels substantiates snowthrower equipment will have no statute and by its prior findings to grant the company’s claim that the fuel type impact on summer ozone the petition. The company points out affects CO emissions. EPA’s analysis of concentrations. Manufacturers claim that the Clean Air Act specifies that the Briggs and Stratton’s data and of data that the CO emission impact on CO emission standards must be achievable collected in testing conducted by the nonattainment will also be minor due to giving appropriate consideration to the Agency after publication of the Phase 1 the limited numbers of these pieces of cost of applying available technology small SI engine final rule indicates that equipment and the small impact within the period of time available to nonhandheld engine CO emissions are opening the crankcase has on overall CO manufacturers. EPA decided in its Phase indeed lower when run on oxygenated emissions from this small number of 1 small SI engine final rule, states Briggs fuels than they are when run on engines. The Agency seeks additional and Stratton, that the 469 g/kW-hr CO nonoxygenated fuels. and more detailed comment on the cost standard was the most stringent Briggs and Stratton also argues, as and emission impacts of open achievable CO standard for Class I and grounds for EPA granting its petition, II nonhandheld engines when taking crankcases on engines used exclusively that allowing the use of oxygenated fuel to power snowthrowers. into account cost and leadtime would improve in-use control of NO in X At this time the Agency has not concerns. Briggs and Stratton small engine exhaust. However, Briggs received notification from any other additionally argues that the law requires and Stratton’s argument is theoretical, parties regarding similar difficulties. that the feasibility and stringency of and not supported by any data analysis. The Agency seeks comment on whether federal emission standards depend upon As shown in the Regulatory Support the test procedures used to measure Document (RSD) for this rule, the there are engines used in other compliance. Because the data supplied Agency’s analysis of the test data equipment types that face similar by Briggs and Stratton and used by EPA recently supplied by Briggs and Stratton difficulties in meeting the closed to set the 469 g/kW-hr CO standard for and of EPA’s own test data indicate that crankcase requirement. The Agency requests that if such situations are nonhandheld engines was data collected the differences of changes in NOX and using oxygenated fuels, while EPA’s HC depending on the use of oxygenated identified, commenters submit final rule does not allow for the use of or nonoxygenated fuels are minimal. documentation regarding the technical an oxygenated certification test fuel, and economic need for utilizing an open Briggs and Stratton argues that the rule V. Snowthrower Open Crankcase Issue crankcase. must be revised to allow for the effect Specific engine manufacturers and the The Agency is convinced by the of the fuel difference. Engine Manufacturers Association arguments presented by the In general, EPA agrees with Briggs (EMA) have raised concerns about the manufacturers of engines used and Stratton’s argument that a change to closed crankcase certification exclusively in snowthrowers that a the nonhandheld Phase 1 CO emission requirement specified in the Phase 1 change to the closed crankcase standard is necessary based on the small SI engine final rule at section requirement is appropriate. Therefore, Clean Air Act’s requirement that the 90.109. The Agency specified in its EPA proposes that the Administrator be standard reflect the greatest degree of Phase 1 small SI proposal that given the flexibility to allow open emission reduction achievable through crankcases must be closed as a crankcases in certain circumstances for the application of technology which requirement of certification in order to engines used exclusively in EPA determines will be available for the eliminate emissions that would snowthrowers. The Administrator regulated engines, giving appropriate otherwise occur when a crankcase is would consider allowing open consideration to the cost of applying vented to the atmosphere. It was EPA’s crankcases for these engines if adequate such technology and other factors.16 The understanding that since most currently demonstrations are made by the Agency did determine that the 469 g/ produced engines do have closed manufacturers that the applicable kW-hr CO standard for nonhandheld crankcases, this requirement would emission standards would be met and engines was appropriate based in part impact relatively few manufacturers. No that the cost of abating emissions from on test data supplied by Briggs and comments were submitted in response an open crankcase would be prohibitive. Stratton. Prior to publication of the final to EPA’s NPRM on this issue, and EPA The Agency seeks comment on this finalized the provision requiring closed proposed provision and on what criteria 16 See 42 U.S.C. 7547(a)(3). crankcases. Subsequent to publication the Administrator might apply in 34782 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules determining whether costs are 1997 production engines. Therefore, the nonhandheld CO standard by 50 g/kW- prohibitive. Agency has decided to address the issue hr to 519 g/kW-hr. In reaching this of the appropriateness of the conclusion, EPA has attempted to VI. Provisions of This Rulemaking nonhandheld CO emission standard by determine an appropriate offset In response to the petition submitted proposing to revise the CO standard for attributable to the effect of oxygenated by Briggs and Stratton Corporation, EPA Class I and II engines while retaining fuel, while preserving to the greatest has decided to propose revising the CO the specified certification test fuel. extent possible the balance made by the emission standard for Class I and II To determine the amount by which to final Phase 1 rule of various factors such nonhandheld small SI engines from 469 propose a revision to the standard, EPA as technical feasibility, cost, lead time, g/kW-hr to 519 g/kW-hr. The underlying analyzed the comparative test data and harmonization with CARB. technical analysis and a description of recently supplied by Briggs and This proposed action will further the data on which it is based is Stratton. When Briggs and Stratton harmonize the Class I and II CO presented in the Regulatory Support submitted the data, the company noted standard with California’s analogous Document, a copy of which is in the in a cover letter that the use of standard, considering CARB’s recent public docket for this rulemaking. oxygenated fuels reduced CO emissions action to increase its CO standard to 350 Given that the Agency, had it known by up to 47 g/kW-hr. However, Briggs g/bhp-hr (469 g/kW-hr). The Agency that Briggs and Stratton had used an and Stratton requested in its petition considers a nonhandheld CO emission oxygenated test fuel to generate the test that the Agency revise its CO standard standard of 519 g/kW-hr with the use of data which EPA used to set the Class I upward by 67 g/kW-hr, which would a nonoxygenated fuel such as Indolene and II nonhandheld standard, would mean a new standard of 536 g/kW-hr. to be roughly equivalent to CARB’s have taken fuel effects into account No additional data was supplied to the Class I and II CO standard of 350 g/bhp- when determining the CO standard, the Agency to support such an increase. The hr with the use of an oxygenated fuel Agency believes that it is appropriate, rationale given by Briggs and Stratton such as California Phase II. now knowing about the fuel differences, for requesting an additional 20 g/kW-hr As indicated in EPA’s November 3, to revise the Phase 1 final rule to reflect is that the test data supplied represents 1995, letter to EMA, the Agency already the fuel effect on CO emissions. a limited number of engine tests, and provides a mechanism for those Briggs and Stratton suggested two does not account for production manufacturers who certify in California options that the Agency might take to variability. EPA’s response to the using oxygenated fuel and wish to use revise the Phase 1 rule in a way that petitioner’s argument is that the Agency those test results for certification with would address the company’s concerns. took production variability into account EPA. Manufacturers may apply to EPA The first suggested option was for the when setting the original 469 g/kW-hr under the alternative test procedures Agency to permit the use of appropriate standard for the Phase 1 final rule. Any provision contained in the Phase 1 oxygenated gasolines for emissions change to the CO emission standard small SI engine final rule (section certification testing as a direct should thus be based solely on 90.120(b)). If a manufacturer’s submitted alternative to Indolene under the differences in fuel type. data indicates that its test engine would current CO standard. The Agency has Analysis of Briggs and Stratton data comply with the applicable federal decided not to take this approach for and of EPA test data indicates that emission standard using federal fuel, several reasons. While the Agency based indeed there are cases where the effects EPA would determine that the engine its nonhandheld Class I and II emission of fuel differences on the CO standard family meets the requirements of Phase standards on Briggs and Stratton test may be as much as 50 g/kW-hr. Given 1 and issue a certificate of conformity. data, which it now knows was run on the limited quantity of data, EPA EPA has stated 18 that it will work with oxygenated fuels, the same cannot be considered quantifying the difference in manufacturers to assist them in making said for the data EPA used to set its fuel types and the resultant change in the required technical demonstrations standards for Classes III, IV, and V CO emission standard by comparing the under the alternative certification engines. The Agency’s greatest concern two means from sample data using the procedures. regarding the allowance of oxygenated two fuel types. As explained in the RSD, This proposed action would also fuels generally is the effect on the statistical tests comparing the means of provide the Administrator with the stringency of the emission standards. If the two populations (oxygenated fuel option of permitting open crankcases on the Agency were to allow certification and nonoxygenated fuel) indicate an engines used exclusively to power testing on oxygenated fuels but maintain average difference of 30.6 g/kW-hr for snowthrowers, provided that the its current standards, it would not be Class I engines, and 26.6 g/kW-hr for affected engine complies with certain of the benefits of HC and NOX Class II engines. However, EPA applicable standards and the emission reductions described in the determined that it is most appropriate, manufacturer demonstrates that the cost final rule when the engines are run on and in keeping with its approach for of closing the crankcase is prohibitive. nonoxygenated fuels in the field. In establishing the 469 g/kW-hr standard addition, the Agency has concerns about in the final rule,17 to adjust the standard VII. Environmental Benefit Assessment the nationwide availability of to take into account the largest offsets Although the change in the oxygenated fuel. While it is required in observed in the Briggs and Stratton and nonhandheld CO standard results in a certain nonattainment areas, those areas EPA data, and to ensure harmonization change from the 7% reduction in CO of the country that are in attainment with CARB. The Agency thus concludes estimated in the final rule to a 2% may not have reformulated or that in order for engine manufacturers to reduction in the CO inventory, the oxygenated fuels commercially achieve the greatest CO emission Agency has concluded that this rule has available. Correcting the CO standard is reduction with the technology available no effect on the HC + NOX inventory also the simplest and least complicated within the given time limits of the Phase and minimal effect on the CO inventory solution to address the problem 1 small SI engine regulation that it is in nonattainment areas. The majority of presented by Briggs and Stratton’s appropriate to increase the equipment powered by the Class I and petition in a timely manner, which is critical so that engine manufacturers 17 See the Response to Comments document in 18 Letter from Chester France, EPA to Jed Mandel, will be able to certify their model year EPA Air Docket # A–93–25. EMA, November 3, 1995. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34783

II nonhandheld engines subject to this This will help ensure that proprietary economy, a sector of the economy, rule is used during the summer months, information is not inadvertently placed productivity, competition, jobs, the when CO nonattainment is generally not in the docket. If a commenter wants environment, public health or safety, or a concern. Many nonhandheld engine EPA to use a submission labeled as state, local, or tribal governments or models are expected to have CO confidential business information as communities; emission levels well below the standard part of the basis for the final rule, then (2) create a serious inconsistency or since CO levels are controlled in a nonconfidential version of the otherwise interfere with an action taken meeting the HC + NOX emission document, which summarizes the key or planned by another agency; standards which are not affected by this data or information, should be sent to (3) materially alter the budgetary action. the docket. impact of entitlement, grants, user fees, The provision to provide the Information covered by a claim of or loan programs or the rights and Administrator with the option of confidentiality will be disclosed by EPA obligations of recipients thereof; permitting open crankcases in engines only to the extent allowed and by the (4) raise novel legal or policy issues used exclusively to power procedures set forth in 40 CFR Part 2. arising out of legal mandates, the snowthrowers will require If no claim of confidentiality President’s priorities, or the principles manufacturers seeking to demonstrate accompanies the submission when it is set forth in the order. the need for open crankcases to show received by EPA, the submission may be EPA has determined that this rule is compliance with applicable standards. made available to the public without not a ‘‘significant regulatory action’’ The Agency expects, therefore, that the notifying the commenters. under the terms of Executive Order proposed open crankcase option will B. Public Hearing 12866 and is therefore not subject to not affect the emission inventory or the OMB review. emission reductions to be achieved by Anyone wishing to present testimony the Phase 1 small SI engine final rule. about this proposal at the public B. Paperwork Reduction Act hearing, should one be requested, (see VIII. Economic Effects This rule does not contain any new DATES) should, if possible, notify the information requirements subject to the The Agency anticipates that this rule contact person (see FOR FURTHER Paperwork Reduction Act, 44 U.S.C. will have minimal, if any, affect on the INFORMATION CONTACT) at least two 3501 et seq., nor does it change the costs or benefits of the Phase 1 small SI business days prior to the day of the information collection requirements the engine final rule. Industry costs are hearing. The contact person should be Office of Management and Budget unlikely to change because engine given an estimate of the time required (OMB) has previously approved. OMB manufacturers will not need to make for the presentation of testimony and has previously assigned OMB control additional modifications to meet the notification of any need for audio/visual number 2060–0338 to the requirements relaxed CO standard. As there will be no equipment. A sign-up sheet will be associated with the nonroad small SI additional cost for industry to pass on available at the registration table the engine certification information to the consumer as a result of this morning of the hearing for scheduling collection request (ICR); this action does rulemaking, EPA is convinced that those who have not notified the contact not change those requirements in any consumer cost impacts will remain earlier. This testimony will be way. unchanged. The Agency therefore scheduled on a first-come, first-served concludes that the economic effects of basis, and will follow the testimony that C. Unfunded Mandates Reform Act this rulemaking are negligible. is arranged in advance. Section 202 of the Unfunded The Agency recommends that IX. Effective Date Mandates Reform Act of 1995 (signed approximately 50 copies of the into law on March 22, 1995) requires EPA is proposing to make these statement or material to be presented be that EPA prepare a budgetary impact regulations effective upon signature of brought to the hearing for distribution to statement before promulgating a rule the final rule because these regulations the audience. In addition, EPA would that includes a federal mandate that will not require any lead time for find it helpful to receive an advance may result in expenditure by state, compliance. copy of any statement or material to be local, and tribal governments, in presented at the hearing at least two X. Public Participation aggregate, or by the private sector, of business days before the scheduled $100 million or more in any one year. A. Comments and the Public Docket hearing date. This is to give EPA staff Section 203 of the Unfunded Mandates The Agency welcomes comments on adequate time to review such material Reform Act requires EPA to establish a all aspects of this proposed rulemaking. before the hearing. Such advance copies plan for obtaining input from and All comments (preferably in duplicate), should be submitted to the contact informing, educating, and advising any with the exception of proprietary person listed. small governments that may be information, should be directed to the XI. Administrative Requirements significantly or uniquely affected by the EPA Air Docket Section, Docket No. A– rule. 96–02 (see ADDRESSES). Commenters A. Administrative Designation Under section 205 of the Unfunded who wish to submit proprietary Under Executive Order 12866 (58 FR Mandates Act, EPA must identify and information for consideration should 51735 (October 4, 1993)), EPA must consider a reasonable number of clearly separate such information from determine whether a regulatory action is regulatory alternatives before other comments by: ‘‘significant’’ and therefore subject to promulgating a rule for which a • labeling proprietary information OMB review and the requirements of budgetary impact statement must be ‘‘Confidential Business Information’’ the executive order. The order defines prepared. EPA must select from those and ‘‘significant regulatory action’’ as one alternatives the least costly, most cost- • sending proprietary information that is likely to result in a rule that may: effective, or least burdensome directly to the contact person listed (see (1) have an annual effect on the alternative that achieves the objectives FOR FURTHER INFORMATION CONTACT) and economy of $100 million or more or of the rule, unless EPA explains why not to the public docket. adversely affect in a material way the this alternative is not selected or the 34784 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules selection of this alternative is This rule decreases the stringency of Dated: June 26, 1996. inconsistent with law. the CO exhaust emission standard for Carol M. Browner, Because the rule proposed here is Class I and II nonhandheld engines, Administrator. expected to result in the expenditure by thereby potentially creating beneficial For the reasons set out in the state, local, and tribal governments or effects on small businesses by easing preamble, part 90 of title 40 of the Code the private sector of less than $100 one provision required of small engine of Federal Regulations is amended as million in any one year, EPA has not manufacturers by the Phase 1 small SI follows: prepared a budgetary impact statement engine regulations. As a result, EPA or specifically addressed selection of the certifies that this rulemaking will not PART 90ÐCONTROL OF EMISSIONS least costly, most cost-effective or least have a significant adverse effect on a FROM NONROAD SPARK-IGNITION burdensome alternative. Because small substantial number of small entities. ENGINES governments will not be significantly or Consequently, EPA has not prepared a uniquely affected by this rule, EPA is 1. The authority citation for part 90 regulatory flexibility analysis for this not required to develop a plan with continues to read as follows: rule. regard to small governments. Authority: Sections 203, 204, 205, 206, List of Subjects in 40 CFR Part 90 207, 208, 209, 213, 215, 216, and 301(a) of D. Regulatory Flexibility Act the Clean Air Act, as amended (42 U.S.C. The Regulatory Flexibility Act (5 Environmental protection, 7522, 7523, 7524, 7525, 7541, 7542, 7543, U.S.C. 601) requires EPA to consider Administrative practice and procedure, 7547, 7549, 7550, and 7601(a)). potential impacts of proposed Air pollution control, Confidential Subpart BÐ[Amended] regulations on small business. If a business information, Environmental preliminary analysis indicates that a protection, Imports, Incorporation by 2. Section 90.103 is amended by proposed regulation would have a reference, Labeling, Nonroad source revising the table in paragraph (a) significant adverse economic impact on pollution, Reporting and recordkeeping introductory text to read as follows: a substantial number of small business requirements. entities, a regulatory flexibility analysis § 90.103 Exhaust emission standards. must be prepared. (a) * * *

EXHAUST EMISSION STANDARDS [Grams per kilowatt-hour]

Hydro- carbon plus Hydro- Carbon Oxides of Engine displacement class oxides of ni- carbon monoxide nitrogen trogen

I ...... 16.1 ...... 519 ...... II ...... 13.4 ...... 519 ...... III ...... 295 805 5.36 IV ...... 241 805 5.36 V ...... 161 603 5.36

* * * * * FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: 3. Section 90.109 is amended by COMMISSION Kathleen Scheuerle, Mass Media adding new paragraph (c) to read as Bureau, (202) 418–2180. 47 CFR Part 73 follows: SUPPLEMENTARY INFORMATION: This is a § 90.109 Requirement of certificationÐ [MM Docket No. 95±119; RM±8667] summary of the Commission’s Report closed crankcase. and Order, MM Docket No. 95–119, Radio Broadcasting Services; Dafter, adopted May 8, 1996, and released June * * * * * MI 21, 1996. The full text of this (c) Notwithstanding paragraph (a) of Commission decision is available for this section, the Administrator may AGENCY: Federal Communications inspection and copying during normal exercise the option to permit open Commission. business hours in the Commission’s crankcases for engines used exclusively ACTION: Proposed rule; dismissal. Reference Center (Room 239), 1919 M to power snowthrowers based upon a SUMMARY: Street, NW., Washington, DC. The manufacturer’s demonstration, This document dismisses a petition filed by Dafter Community complete text of this decision may also approved in advance by the Broadcasters proposing the allotment of be purchased from the Commission’s Administrator, that all applicable Channel 293A to Dafter, Michigan. See copy contractors, International emission standards will be met by the FR 38539, July 27, 1995. Petitioner Transcription Services, Inc., 2100 M engine and that the cost of closing the failed to provide sufficient information Street, NW., Suite 140, Washington, DC crankcase is prohibitive. to establish community status for Dafter. 20037, (202) 857–3800. [FR Doc. 96–16856 Filed 7–02–96; 8:45 am] Therefore, in keeping with Commission List of Subjects in 47 CFR Part 73 BILLING CODE 6560±50±P policy to refrain from allotting channels to communities lacking community Radio broadcasting. status, we have dismissed the petiton for Dafter. With this action, this proceeding is terminated. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34785

Federal Communications Commission. Rule Making is issued until the matter environmental assessment and John A. Karousos, is no longer subject to Commission regulatory impact review for this action, Chief, Allocations Branch, Policy and Rules consideration or court review, all ex to the South Atlantic Fishery Division, Mass Media Bureau. parte contacts are prohibited in Management Council, Southpark [FR Doc. 96–16767 Filed 7–2–96; 8:45 am] Commission proceedings, such as this Building, One Southpark Circle, Suite BILLING CODE 6712±01±F one, which involve channel allotments. 306, Charleston, SC 29407–4699. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 For information regarding proper Mark F. Godcharles, 813–570–5305. [MM Docket No. 96±140, RM±8824] filing procedures for comments, see 47 CFR 1.415 and 1.420. SUPPLEMENTARY INFORMATION: The Radio Broadcasting Services; fisheries for coastal migratory pelagic Hemphill, TX List of Subjects in 47 CFR Part 73 resources are regulated under the FMP. Radio broadcasting. The FMP was prepared jointly by the AGENCY: Federal Communications Federal Communications Commission. Commission. Gulf of Mexico and South Atlantic John A. Karousos, Fishery Management Councils and is ACTION: Proposed rule. Chief, Allocations Branch, Policy and Rules implemented by regulations at 50 CFR SUMMARY: The Commission requests Division, Mass Media Bureau. part 642. comments on a petition filed by Phillip [FR Doc. 96–16958 Filed 7–2–96; 8:45 am] Burr proposing the allotment of Channel BILLING CODE 6712±01±F In accordance with the framework 280A at Hemphill, Texas, as the procedures of the FMP, the South community first local FM service. Atlantic Council (Council) Channel 280A can be allotted to DEPARTMENT OF COMMERCE recommended to the Director, Southeast Hemphill in compliance with the Region, NMFS (Regional Director), a Commission’s minimum distance National Oceanic and Atmospheric regulatory amendment, which, among separation requirements with a site Administration other changes, included establishment of commercial vessel trip limits for the restriction of 2.2 kilometers (1.4 miles) 50 CFR Part 642 north in order to avoid a short-spacing Atlantic migratory group of king conflict with the licensed site of Station [Docket No. 950725189±6182±03; I.D. mackerel. These vessel trip limits were KBIU(FM), Channel 279C1, Lake 060696A] included in a proposed rule published Charles, Louisiana. The coordinates for RIN 0648±AI92 on August 3, 1995 (60 FR 39698). A Channel 280A at Hemphill are 31–21– final decision by NMFS on whether the 30 and 93–51–24. Coastal Migratory Pelagic Resources trip limits were consistent with the DATES: Comments must be filed on or of the Gulf of Mexico and South National Standards of the Magnuson before August 19, 1996, and reply Atlantic; Changes in Catch Limits Fishery Conservation and Management comments on or before September 3, Act (Magnuson Act) was deferred, and 1996. AGENCY: National Marine Fisheries the reasons for the deferral were ADDRESSES: Federal Communications Service (NMFS), National Oceanic and published in the final rule Commission, Washington, DC 20554. In Atmospheric Administration (NOAA), implementing the approved measures of addition to filing comments with the Commerce. the regulatory amendment (60 FR 5768, FCC, interested parties should serve the ACTION: Proposed rule; request for November 17, 1995). The Council petitioner, or its counsel or consultant, comments. revised the proposed trip limits to as follows: Cary S. Tepper, Booth, Freret address cited deficiencies, took SUMMARY: In accordance with the & Imlay, P.C., 1233 20th Street, NW., additional public comment, and framework procedure for adjusting Suite 204, Washington, DC 20554 resubmitted a supplemented regulatory management measures of the Fishery (Counsel for petitioner). amendment for NMFS’ review and Management Plan for the Coastal FOR FURTHER INFORMATION CONTACT: Pam approval. Migratory Pelagic Resources of the Gulf Blumenthal, Mass Media Bureau, (202) of Mexico and South Atlantic (FMP), 418–2180. The Council proposes daily trip limits NMFS proposes commercial vessel trip SUPPLEMENTARY INFORMATION: This is a for vessels harvesting under the limits for the Atlantic migratory group synopsis of the Commission’s Notice of commercial allocation for Atlantic of king mackerel. The intended effects Proposed Rule Making, MM Docket No. group king mackerel. This segment of of this rule are to preclude an early 96–140, adopted June 21, 1996, and the fishery has not been subject to trip closure of the commercial fishery, released June 28, 1996. The full text of limits. As revised, the daily possession/ protect king mackerel from overfishing, this Commission decision is available landing limit for a vessel using non- and maintain healthy stocks while still for inspection and copying during prohibited gear and having a Federal allowing catches by important normal business hours in the FCC’s commercial mackerel permit would be commercial fisheries. Reference Center (Room 239), 1919 M 3,500 lb (1,588 kg) of king mackerel in Street, NW., Washington, DC. The DATES: Written comments must be or from the exclusive economic zone complete text of this decision may also received on or before July 18, 1996. (EEZ) year-round in the northern area be purchased from the Commission’s ADDRESSES: Comments must be mailed (i.e., between the New York/Connecticut copy contractor, ITS, Inc., (202) 857– to Mark F. Godcharles, Southeast and Flagler/Volusia County, FL 3800, 2100 M Street, NW., Suite 140, Region, National Marine Fisheries boundaries). Off Volusia County, FL, the Washington, DC 20037. Service, 9721 Executive Center Drive N., daily trip limit would be 3,500 lb (1,588 Provisions of the Regulatory St. Petersburg, FL 33702. kg) of king mackerel in or from the EEZ Flexibility Act of 1980 do not apply to Send requests for copies of the from April 1 through October 31. South this proceeding. regulatory amendment document (dated of there, between the Volusia/Brevard Members of the public should note June 1995) and its supplement (dated and Dade/Monroe County boundaries, that from the time a Notice of Proposed February 1996), which include the the daily trip limit would be 500 lb (227 34786 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules kg) of king mackerel in or from the EEZ spawning potential ratio (SPR) and the The Council recommended the trip from April 1 through October 31. In the ABC for Atlantic group king mackerel. limits not only to provide increased southernmost area, off Monroe County Although some of the decreases in these protection for Atlantic group king (Florida Keys), the daily trip limit parameters may be attributed to new mackerel but also for the Gulf group. would be 1250 lb (567 kg) of king analytical methods, most are The trip limits would prevent the mackerel in or from the EEZ from April attributable to the inclusion of more detrimental effects of excessive catches 1 through October 31. All trip limits accurate estimates for the mortality of of the Atlantic group throughout the proposed for the Atlantic group king juvenile and subadult mackerels taken spring/summer spawning season and of mackerel are daily landing/possession as incidental bycatch in the Atlantic the Gulf group during April. King limits that would be reduced to zero for shrimp trawl fishery off southeastern mackerel harvest in April, unrestricted that group when the annual commercial states. The 1996 modal SPR estimate of by daily vessel trip limits, could result allocation is reached. 32 percent is down by about 36 percent in the unintentional taking of large The Council desires implementation from the approximate 50 percent level quantities of Gulf group king mackerel as soon as possible in the fishing year estimated for previous years, and the when such fish are still located within that began April 1, 1996, to preclude 1996 ABC is about half of 1995 the boundaries of the Atlantic group. excessive early season harvest of king estimates. The 1996 ABC range estimate Tag and recapture information indicate mackerel, early closure, is 4.1 - 6.8 million lb (mode: 5.5 million that king mackerel off south Florida disproportionate harvest of the lb) (1,860 - 3,084 mt, mode: 2,495 mt) from late fall through early spring, allocation by regional fisheries, compared to the 1995 estimate of 7.3 - particularly off the Florida Keys, mostly subsequent negative socioeconomic 15.5 million lb (mode: 10.9 million lb) belong to the Gulf migratory group. impacts, recruitment overfishing, and (3,311 - 7,031 mt, mode: 4,944 mt). The The fishing season for Atlantic group waste. Council sets TAC within the ABC range king mackerel fishery opens annually on In its resubmitted proposal, the usually at or below the modal value April 1, and vessels targeting fish with Council revised the original trip limit suggesting that the 1996/97 TAC will be hook-and-line, run-around gillnet, and proposals by converting limits on the even lower than last year’s 7.3 million purse seine gear are not restricted by number of fish that may be possessed or lb (3,311 mt) that yielded commercial trip limits. Consequently, excessive landed to equivalent pounds of fish. The and recreational allocations of 2.70 capture of Gulf group king mackerel Council determined that this change (1.225 mt) and 4.60 M (2.087 mt), could occur off south Florida in April if was necessary to prevent waste caused respectively. conditions delay emigration to spring/ by high-grading (i.e., the act of summer spawning grounds. Although the 1996 estimate of SPR discarding smaller fish and replacing The Council considers such catches indicates that the Atlantic group king them with larger ones to maximize ‘‘double-dipping’’ (i.e., overrunning of aggregate poundage landed while mackerel is not overfished, the lower quotas that have already been complying with the daily trip limit on SPR value suggests, as the Council harvested). In the past two years, hook- the number of fish landed). Such waste previously suspected, that stock size and-line and run-around gillnet quotas causes estimates of release and fishing may not be as large as previous for Gulf group king mackerel were mortality to be lower than the actual estimates indicated. The modal 1996 reached or exceeded, and respective mortality and results in an inaccurate SPR estimate is reduced to 32 percent, fisheries were closed, after large evaluation of the status of the stocks and well below the 1995 estimate of 55 February catches off the Florida Keys. of the fishery impacts on the resource. percent and just above the 30 percent The Gulf group king mackerel stock is Trip limits were first proposed in overfished level currently defined in the still considered overfished; preliminary conjunction with a proposed decrease in FMP. Even though the estimated 32 calculations for the 1996/97 fishing year total allowable catch (TAC) from 10.0 percent SPR level is well above the suggest that this group would remain in million lb (4,536 metric tons (mt)) to 7.3 overfishing level of 20 percent SPR the overfished status even under the less million lb (3,311 mt) for the Atlantic proposed in FMP Amendment 8, it is restrictive overfished/overfishing group king mackerel for the 1995/96 below the Council’s proposed target SPR definitions proposed in Amendment 8. fishing year (August 3, 1995, 60 FR of 40 percent for achieving maximum Excessive capture of king mackerel, 39698). The reduced TAC was approved sustainable yield or long-term optimum unrestrained by trip limits and under a by NMFS and implemented through a yield (OY). Moreover, the actual total reduced commercial allocation, could final rule (November 17, 1995, 60 FR catch (commercial and recreational result in a disproportionately large 57686). Further decreases were expected combined) may have reached its lowest harvest off south Florida and an early for the 1996/97 fishing year . The 7.3– level (5.92 million lb; 2,685 mt) in 15 closure of the commercial fishery for the million lb TAC decreased the years during the 1994/95 season; Atlantic group. Fishery participants in commercial allocation for the 1995–96 preliminary estimates indicate that the the northern area might then lose the fishing year from the previous level of 1995/96 catch will remain at this same opportunity to harvest their traditional 3.71 million lb (1,683 mt) to 2.70 low level. In the past nine years, total and equitable share of the allocation. million lb (1,225 mt). The Council catch has exceeded 7.30 million lb Atlantic group king mackerel support an reduced TAC to the lower range of the (3,311 mt) four times. important fall fishery off North Carolina. acceptable biological catch (ABC) in The Council also proposed the trip An early fishery closure would anticipation of a lower ABC for the limits, in anticipation of increased effort adversely affect these traditional 1996/97 fishing year, and expressed in the fishery, to prevent excessive fisheries and could lead to severe concerns about the status of both the harvest of pre-spawning and spawning socioeconomic impacts and subsequent Atlantic and Gulf groups of king fish and recruitment overfishing. The requests for relief through emergency mackerel and recent low catches. Council is concerned that a number of action. As the Council expected and the 1995 new entrants may join the fishery as a To keep the recreational catch within Mackerel Stock Assessment Panel result of the recent prohibition on the reduced allocation of 4.6 million lb Report projected, the 1996 Report of the gillnet use in Florida waters (July 1, (2,087 mt), the recreational bag limit for Mackerel Stock Assessment Panel 1995) and New England fishery the EEZ from New York through Georgia presented lower estimates of the closures. was reduced on January 1, 1996, from Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 34787 five to three fish per person. The based on the best available information would maintain stock levels that would Council determined that this reduction (N.S. 2), would be unfair and not be at risk of recruitment overfishing. would be sufficient to maintain catch inequitable to fishery participants Although the 1996 SPR estimate within the decreased allocation without throughout the management area (N.S. indicates that the Atlantic group king changing the two-fish bag limit off 4), would unnecessarily promote mackerel is not overfished, the lower Florida. Recreational catch estimates harvest inefficiency (N.S. 5), and would estimated value suggests, as the Council indicated that the bag limit reduction in constitute unjustifiable administrative previously suspected, that stock size the northern area (Georgia through New costs and burdens (N.S. 7). may not be as large as previous York) would provide about a 10 percent After reviewing the revised impact estimates indicated. The 1996 SPR reduction in catch. In addition, 1995 analyses, findings of the 1996 mackerel estimate is reduced to 32 percent, near catch estimates for the 1988/89 through stock assessment concerning the status the 30 percent SPR overfished level 1990/91 fishing years, when the bag of the Atlantic group king mackerel, and currently defined in the FMP and above limit was three fish in the northern area results from additional public hearings, the 20 percent level in proposed and two fish off Florida, were below 4.6 NMFS has made a preliminary Amendment 8. Nevertheless, the current million lb (2,087 mt). determination that the proposed 32 percent SPR estimate is below the Although a recreational bag limit commercial vessel trip limits are proposed SPR target of 40 percent for reduction was approved to reduce catch consistent with the N.S. as discussed achieving maximum sustainable yield in alignment with the decreased 1995/ below. Previous problems related to the (MSY) or long-term OY. Therefore, the 96 recreational allocation, NMFS Council’s analyses of the potential best available scientific information is deferred the decision to approve or impacts of the 50–fish trip limit on the not inconsistent with the Council’s disapprove the collateral commercial Florida Keys fishery and not providing recommendations for more conservative vessel trip limits until certain analytical sufficient notice to impacted fishermen management measures that reduce and procedural deficiencies were appear to have been corrected. Impact fishing mortality and, thus, prevent corrected. The Council has addressed analyses were revised and the Council early closure and quota overruns, and the deficiencies and revised and held additional public hearings. In decrease the risk of recruitment resubmitted the trip limit proposals. In response to the comments received at overfishing. conjunction with the public review of those hearings, the Council increased National Standard 4 Amendment 8 to the FMP, additional the proposed trip limit for the Florida public hearings were conducted to Keys area from 500 to 1250 pounds NMFS believes the revised proposed review the proposed trip limits. (initially proposed as 50 to 125 fish) per trip limits have the potential to Thereafter, the Council revised its vessel per day. maintain traditional harvest and quota proposal to convert the units for the trip distribution among user groups. National Standard 1 limits from numbers of fish to pounds Initially, the proposed trip limit for the of fish to reduce waste from the practice Newly available information Florida Keys fishery was 50 fish of high-grading and to allow vessels contained in the 1996 Report of the throughout the Florida east and operating in the commercial fishery off Mackerel Stock Assessment Panel southwest coast areas. The 50–fish limit Monroe County (Florida Keys) from probably will compel the Council to was requested and was strongly April 1 though October 31 to possess or recommend further reductions in TAC supported by many southeast Florida land up to 1250–lb (567–kg) per trip, for Atlantic group king mackerel. The king mackerel fishermen. thus reducing socioeconomic impacts forthcoming TAC recommendation for In response to comments received at on that sector. Preliminary review of the the 1996/97 fishing year probably would public hearings, the Council increased revised supporting documents indicates reduce both commercial and the proposed trip limit for the Florida that the Council has addressed the recreational allocations to levels that Keys to 1250–lb (567–kg) to provide deficiencies previously noted in the have been harvested during the past two sufficient revenue to operate in the initial analyses. As discussed below, years. Consequently, NMFS expects that April fishery near the Dry Tortugas. NMFS’ preliminary review of the TAC will be taken and OY achieved for This proposal is equivalent to the 125– Council’s re-submission did not reveal the 1996/97 fishing year even with the fish trip limit for the Gulf group king any inconsistencies with the national imposition of trip limits. To provide the mackerel hook-and-line fishery that standards. socioeconomic benefits that the Council begins in that area on November 1. intends while preventing overfishing, Consequently, the proposed 1250–lb Consistency with the National the proposed trip limits appear (567 kg) trip limit would appear to Standards necessary. provide fair access while preventing In regard to the original trip limit excessive catches, early closures, and proposals, as discussed in the preamble National Standard 2 quota overruns, and thus satisfies the to the final rule implementing the Recent review of the proposed trip requirements of N.S. 4 regarding approved measures of the Council’s limits and supporting documents, fairness and equity to all fishery regulatory amendment (60 FR 57686; increased effort and king mackerel participants throughout the November 17, 1995), inaccuracies and landings off southwest Florida this management area. inconsistencies in the analyses of April (1996), and findings of the 1996 For the fishery from northeast Florida impacts and inadequate opportunity for stock assessment indicate that the through New York, the Council public comment prevented NMFS from proposed trip limits are based on the proposed the 3500–lb (1588–kg) trip determining if the proposals were best available scientific information. In limit. Available landings information consistent with the National Standards a recent review, NMFS Southeast reviewed by the Council indicates that (N.S.). Some letters received during the Fisheries Science Center (Center) proposal would have essentially no comment period, which was announced advised that the revised proposed trip effect on harvest. Moreover, the Council in the proposed rule (60 FR 39698; limits appear to be based on the best does not expect the proposed increased August 3, 1995), contended that the trip available scientific information. Further, trip limit for this area to alter the status limit proposals would preclude the Center advised that the proposals quo or provide increased harvesting achievement of OY (N.S. 1), were not clearly are risk averse in that they advantage. If inordinate large northern 34788 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules landings do occur in the future, the it is not possible to directly translate redesignated paragraphs (c) and (d), the Council will reconsider and revise the number of fishing trips into number of references to ‘‘paragraph (a)(2) of this 3500–lb (1588–kg) trip limit to prevent fishing firms impacted, it appears that section’’ are removed and ‘‘paragraph inequitable quota distribution and less than 20 percent of the small (b)(2) of this section’’ is added in their recruitment overfishing. business entities involved in harvest of places; in newly redesignated paragraph National Standard 5 Atlantic king mackerel would be (f) introductory text and in newly affected. The proposed trip limits are redesignated paragraph (f)(2) the term The Council’s impact analyses estimated to reduce the harvest of ‘‘Spanish mackerel’’ is removed and indicate that the proposed trip limits Atlantic king mackerel and the would have restricted less than 6 ‘‘king or Spanish mackerel’’ is added in associated net revenue by about five its place; the section heading is revised; percent of the trips in any given area. percent. Compliance costs will not be However, the 500–lb (227–kg) and and paragraph (a) and newly affected by this action. There are no redesignated paragraph (b) heading are 1250–lb (567–kg) trip limits proposed differential small and large business added to read as follows: for south Florida would have impacts because all affected entities are substantially reduced some individual small entities. No capital costs of § 642.27 Commercial trip limits for Atlantic vessel landings and total catch for those compliance are expected, and there is group king and Spanish mackerel. areas for some years. Data examined by no information indicating that two or the Council indicated that the 3500–lb more percent of the existing harvesting (a) Atlantic group king mackerel. (1) (1,588 kg) trip limit would have firms will cease business operations as North of a line extending directly east impacted no trips off Volusia County a result of this rule. The proposed trip from the Volusia/Flagler County, ° (Florida) and would have only limits are designed, in part, to moderate Florida boundary (29 25’ N. lat.) to the minimally impacted trips between the the rate of harvest, thereby minimizing outer limit of the EEZ, king mackerel in Volusia/Flagler County (Florida) and the probability of early closures and the or from the EEZ may not be possessed New York/Connecticut boundaries. associated adverse socioeconomic on board or landed from a vessel in a Such impacted trips landed at North impacts. Therefore, the trip limits are day in amounts exceeding 3,500 lb Carolina ports would have exceeded expected to provide small increases in (1,588 kg). that state’s landing limit (i.e., 3500 lb). long-term benefits to the industry. For (2) In the area between lines The Council’s analyses were based on these reasons, a regulatory flexibility extending directly east from the landings estimates for Florida (1991/92 analysis was not prepared. northern and southern boundaries of through 1994/95 seasons) and North ° Carolina. List of Subjects in 50 CFR Part 642 Volusia County, Florida (29 25’ N. lat. and 28°47.8’ N. lat., respectively) to the National Standard 7 Fisheries, Fishing, Reporting and recordkeeping requirements. outer limit of the EEZ, king mackerel in The revised proposed trip limits or from the EEZ may not be possessed appear consistent with a management Dated: June 27, 1996. on board or landed from a vessel in a strategy to balance costs and benefits; Gary Matlock, day in amounts exceeding 3,500 lb the Council’s impact analyses indicate Program Management Officer, National (1,588 kg) from April 1 through October that the trip limits will not inordinately Marine Fisheries Service. 31. For the reasons set out in the affect costs or place an undue economic (3) In the area between lines and regulatory burden on fishermen or preamble, 50 CFR part 642 is proposed extending directly east from the fisheries. to be amended as follows: Volusia/Brevard County, Florida The Regional Director initially ° concurs that the Council’s PART 642ÐCOASTAL MIGRATORY boundary (28 47.8’ N. lat.) to the outer recommendations are necessary to PELAGIC RESOURCES OF THE GULF limit of the EEZ and directly east from protect king mackerel stocks and OF MEXICO AND SOUTH ATLANTIC the Dade/Monroe County, Florida ° prevent overfishing and that they are 1. The authority citation for part 642 boundary (25 20.4’ N. lat.) to the outer consistent with the objectives of the continues to read as follows: boundary of the EEZ, king mackerel in FMP, the N.S., and other applicable law. or from the EEZ may not be possessed Authority: 16 U.S.C. 1801 et seq. Accordingly, the Council’s proposed on board or landed from a vessel in a revised trip limits are published for 2. In § 642.7, paragraphs (q) and (r) are day in amounts exceeding 500 lb (227 comment. revised to read as follows: kg) from April 1 through October 31. Classification § 642.7 Prohibitions. (4) In the area between lines extending directly east from the Dade/ This proposed rule has been * * * * * (q) Exceed a commercial trip limit for Monroe County, Florida boundary determined to be not significant for ° purposes of E.O. 12866. Atlantic group king or Spanish (25 20.4’ N. lat.) to the outer boundary The Assistant General Counsel for mackerel, as specified in § 642.27(a) or of the EEZ and directly west from the Legislation and Regulation of the (b). Monroe/Collier County, Florida Department of Commerce certified to (r) Transfer at sea from one vessel to boundary (28°48’ N. lat.) to the outer the Chief Counsel of the Small Business another an Atlantic group king or boundary of the EEZ, king mackerel in Administration that this proposed rule, Spanish mackerel subject to a or from the EEZ may not be possessed if adopted, would not have a significant commercial trip limit, as specified in on board or landed from a vessel in a economic impact on a substantial § 642.27(f). day in amounts exceeding 1250 lb (567 number of small entities. Historical * * * * * kg) from April 1 through October 31. landings data for the last four fishing 3. In § 642.27, paragraphs (a) through (b) Atlantic group Spanish mackerel. seasons indicate that the percentage of (e) are redesignated as paragraphs (b) fishing trips that would have been through (f), respectively; in newly * * * * * affected by the proposed trip limits redesignated paragraph (b), the [FR Doc. 96–16880 Filed 6–28–96; 9:44 am] ranged from 0 to 5.4 percent. Although introductory text is removed; in newly BILLING CODE 3510±22±F 34789

Notices Federal Register Vol. 61, No. 129

Wednesday, July 3, 1996

This section of the FEDERAL REGISTER Oregon and Washington BLM, is the comments on committee business at any contains documents other than rules or responsible official for the BLM. The time. proposed rules that are applicable to the Forest Service will prepare a Record of FOR FURTHER INFORMATION CONTACT: public. Notices of hearings and investigations, Decision for lands under its jurisdiction Direct questions regarding this meeting committee meetings, agency decisions and and the BLM will prepare a Record of rulings, delegations of authority, filing of to Rick Alexander, Public Affairs petitions and applications and agency Decision for lands or interest in lands Officer, at (541) 750–7075, or write to statements of organization and functions are under its jurisdiction upon completion Forest Supervisor, Siuslaw National examples of documents appearing in this of the final environmental impact Forest, P.O. Box 1148, Corvallis, Oregon section. statement (EIS) and selection of the 97339. preferred alternative by the responsible Dated: June 26, 1996. official. James R. Furnish, DEPARTMENT OF AGRICULTURE The draft EIS is expected to be filed in July 1996. The comment period on Forest Supervisor. Forest Service the draft EIS will be 45 days from the [FR Doc. 96–16980 Filed 7–2–96; 8:45 am] BILLING CODE 3410±11±M Huckleberry Land Exchange With date the Environmental Protection Weyerhaeuser Company, Mt. Baker- Agency publishes the notice of Snoqualmie National Forest, Skagit, availability in the Federal Register. The Snohomish, King, Pierce, Lewis, final EIS is scheduled to be completed NATIONAL FOUNDATION ON THE Kittitas and Cowlitz Counties, WA in September 1996. ARTS AND HUMANITIES FOR FURTHER INFORMATION CONTACT: AGENCY: Forest Service, USDA. Doug Schrenk, NEPA Coordiantor, Cooperative Agreement for the ACTION: Revised notice of intent to North Bend Ranger District, 42404 S.E. Continuation of a Project Titled: ``Your prepare an environmental impact North Bend Way, North Bend, Town: Designing its Future'' statement. Washington 98045, telephone (206) AGENCY: National Endowment for the 888–1421. SUMMARY: This is a revision to the notice Arts. which appeared in the Federal Register Dated: June 25, 1996. ACTION: Notificaton of availability. on July 14, 1995 (60 FR 36257), for the Wendy M. Herrett, Huckleberry Land Exchange with Director, Recreation, Lands, and Mineral SUMMARY: The National Endowment for Weyerhaeuser Company. The revision is Resources. the Arts requests proposals leading to needed to identify a change to the [FR Doc. 96–16944 Filed 7–2–96; 8:45 am] the award of a Cooperative Agreement proposed action and responsible BILLING CODE 3410±11±M for the continuation of the workshops official. The proposed action has been successfully carried out from 1991 to modified to include exchange of about 1995 by the National Trust for Historic 6,770 acres of Federally owned Oregon Coast Provincial Advisory Preservation under the project ‘‘Your subsurface mineral estate to Committee Meeting Town: Designing its Future.’’ The Weyerhaeuser Company. Weyerhaeuser purpose of ‘‘Your Town’’ is to address Company or another private entity AGENCY: Forest Service, USDA. the needs of rural communities, and to currently owns the surface lands. ACTION: Notice of meeting. help rural Americans to learn how to Approximately 5,210 acres of the identify, protect, and enhance their severed minerals are administered by SUMMARY: The Oregon Coast Provincial towns and landscapes by promoting the the Bureau of Land Management (BLM) Advisory Committee (PAC) will meet on benefits of good design, encouraging the in King and Cowlitz Counties, July 19, 1996, in Tillamook, Oregon, at sharing of successful techniques, and Washington. About 1,560 acres are the Shilo Inn (Wilson River Room), 2515 providing a support system for those administered by the Gifford Pinchot and Main Street. The meeting will begin at who are working on community design the Mt. Baker-Snoqualmie National 9 a.m. and continue until 3:30 p.m. problems. Responsibilities under the Forests in Lewis County, Washington. Agenda items to be covered include: (1) Cooperative Agreement will include This revised notice serves BLM Updates on current events, (2) northern operating a national center to coordinate requirements for land exchanges under Coast Range Area Adaptive Management the ‘‘Your Town’’ activities, including Title 43 Code of Federal Regulations Area activities, (3) overview of three workshops, publishing a biannual (CFR) Part 2200 that lands or interest in recreation in the Coast Range Province, newsletter, and producing a publication lands are being considered for exchange. (4) recreation user initiatives and focusing on three or four case study This notice and the environmental stewardship/co-management, (5) communities. Those interested in analysis for this exchange will recreation user fees, and (6) open public receiving the Solicitation should constitute a planning analysis for BLM forums. All Oregon Coast Provincial reference Program Solicitation PS 96–04 lands under 43 CFR 1610.8(b)(2). Advisory Committee meetings are open in their written request and include two The lead agency is the Forest Service. to the public. Two ‘‘open forums’’ are (2) self-addressed labels. Verbal requests Wendy M. Herrett, Director of scheduled; one at 10:30 a.m. and for the Solicitation will not be honored. Recreation, Lands, and Mineral another near the conclusion of the DATES: Program Solicitation PS 96–04 is Resources, Pacific Northwest Region, is meeting. Interested citizens are scheduled for release approximately the responsible official for the Forest encouraged to attend. The committee July 19, 1996 with proposals due on Service. Elaine Zielinski, State Director welcomes the public’s written August 19, 1996. 34790 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

ADDRESS: Requests for the Solicitation that this meeting will be closed to the submitted to the Division of Challenge should be addressed to National public pursuant to subsections (c)(4), Grants for projects at the May 1, 1996 Endowment for the Arts, Grants & and (6) of section 552b of Title 5, United deadline. Contracts Office, Room 618, 1100 States Code. 8. DATE: July 29, 1996. Pennsylvania Ave., NW., Washington, 1. DATE: July 12, 1996. TIME: 8:30 a.m. to 5:30 p.m. DC 20506. TIME: 8:30 a.m. to 6:00 p.m. ROOM: 317. FOR FURTHER INFORMATION CONTACT: ROOM: 415. PROGRAM: This meeting will review William I. Hummel, Grants and PROGRAM: This meeting will review applications for Fellowships for Contracts Office, National Endowment applications for Challenge Grants College Teachers and Independent for the Arts, 1100 Pennsylvania Ave., submitted to the Division of Challenge Scholars in British Literature, NW., Washington, DC 20506 (202/682– Grants for projects at the May 1, 1996 submitted to the Division of Research 5482). deadline. and Education Programs, for projects William I. Hummel, 2. DATE: July 22, 1996. at the May 1, 1996 deadline. TIME: 8:30 a.m. to 6:00 p.m. 9. DATE: July 29, 1996. Coordinator, Cooperative Agreements and TIME: 8:30 a.m. to 6:00 p.m. Contracts. ROOM: 415. PROGRAM: This meeting will review ROOM: 415. [FR Doc. 96–16902 Filed 7–2–96; 8:45 am] PROGRAM: This meeting will review BILLING CODE 7537±01±M applications for Challenge Grants submitted to the Division of Challenge applications for Challenge Grants Grants for projects at the May 1, 1996 submitted to the Division of Challenge Grants for projects at the May 1, 1996 NATIONAL FOUNDATION ON THE deadline. 3. DATE: July 23, 1996. deadline. ARTS AND THE HUMANITIES 10. DATE: July 30, 1996. TIME: 8:30 a.m. to 5:30 p.m. TIME: 8:30 a.m. to 5:30 p.m. ROOM: 415. Meeting of Humanities Panel ROOM: 317. PROGRAM: This meeting will review PROGRAM: This meeting will review AGENCY: National Endowment for the applications for Fellowships for Humanities. applications for Fellowships for University Teachers in American University Teachers and Fellowships ACTION: Notice of meeting. History and Studies, submitted to the for College Teachers and Independent Division of Research and Education Scholars in Anthropology, submitted SUMMARY: Pursuant to the provisions of Programs, for projects at the May 1, the Federal Advisory Committee Act to the Division of Research and 1996 deadline. Education Programs, for projects at (Public Law 92–463, as amended), 4. DATE: July 23, 1996. notice is hereby given that the following the May 1, 1996 deadline. TIME: 8:30 a.m. to 5:30 p.m. 11. DATE: July 31, 1996. meeting of the Humanities Panel will be ROOM: 317. held at the Old Post Office, 1100 TIME: 8:30 a.m. to 5:30 p.m. PROGRAM: This meeting will review ROOM: 415. Pennsylvania Avenue, NW., applications for Fellowships for Washington, D.C. 20506. PROGRAM: This meeting will review University Teachers and Fellowships applications for Fellowships for FOR FURTHER INFORMATION CONTACT: for College Teachers and Independent University Teachers and Fellowships Sharon I. Block, Advisory Committee Scholars in European History, for College Teachers and Independent Management Officer, National submitted to the Division of Research Scholars in Religious Studies, Endowment for the Humanities, and Education Programs, for projects submitted to the Division of Research Washington, D.C. 20506; telephone at the May 1, 1996 deadline. and Education Programs, for projects (202) 606–8322. Hearing-impaired 5. DATE: July 24, 1996. at the May 1, 1996 deadline. individuals are advised that information TIME: 8:30 a.m. to 5:30 p.m. Michael S. Shapiro, on this matter may be obtained by ROOM: 415. contacting the Endowment’s TDD PROGRAM: This meeting will review Acting Advisory Committee Management Officer. terminal on (202) 606–8282. applications for Fellowships for [FR Doc. 96–16985 Filed 7–2–96; 8:45 am] SUPPLEMENTARY INFORMATION: The University Teachers and Fellowships proposed meeting is for the purpose of for College Teachers and Independent BILLING CODE 7536±01±M panel review, discussion, evaluation Scholars in Art History I, submitted to and recommendation on applications the Division of Research and for financial assistance under the Education Programs, for projects at DEPARTMENT OF COMMERCE National Foundation on the Arts the the May 1, 1996 deadline. Submission For OMB Review; Humanities Act of 1965, as amended, 6. DATE: July 24, 1996. Comment Request including discussion of information TIME: 8:30 a.m. to 5:30 p.m. given in confidence to the agency by the ROOM: 317. DOC has submitted to the Office of grant applicants. Because the proposed PROGRAM: This meeting will review Management and Budget (OMB) for meeting will consider information that applications for Fellowships for clearance the following proposal for is likely to disclose: (1) trade secrets and University Teachers and Fellowships collection of information under the commercial or financial information for College Teachers and Independent provisions of the Paperwork Reduction obtained from a person and privileged Scholars in Art History II, submitted Act (44 U.S.C. chapter 35). or confidential; or (2) information of a to the Division of Research and Agency: Bureau of the Census. personal nature the disclosure of which Education Programs, for projects at Title: 1996 Community Census – would constitute a clearly unwarranted the May 1, 1996 deadline. Special Place Facility Questionnaire. invasion of personal privacy, pursuant 7. DATE: July 28, 1996. Form Number(s): DT–351. to authority granted me by the TIME: 8:30 a.m. to 6:00 p.m. Agency Approval Number: 0607– Chairman’s Delegation of Authority to ROOM: 415. 0786. Close Advisory Committee meetings, PROGRAM: This meeting will review Type of Request: Reinstatement, with dated July 19, 1993, I have determined applications for Challenge Grants change, of a previously approved Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34791 collection for which approval has and the associated geographic coding notice to Jerry Coffey, OMB Desk expired. compared to the 1990 census Special Officer, room 10201, New Executive Burden: 10 hours. Place Prelist operation. We also expect Office Building, Washington, DC 20503. Number of Respondents: 40. to apply some new/improved GQ type Dated: June 27, 1996. Avg Hours Per Response: 15 minutes. codes. We plan to make additional Linda Engelmeier, Needs and Uses: Planning is currently modifications to our questionnaire, underway for the 1996 Community Acting Departmental Forms Clearance instructions, and letters based on results Officer, Office of Management and Census, which is an integral part of the of using these forms in the 1996 overall planning process for the 2000 Organization. Community Census. [FR Doc. 96–16941 Filed 7–2–96; 8:45 am] decennial census. The Census Bureau Affected Public: Businesses or other must provide everyone in our test sites for profit, Individuals or households, BILLING CODE 3510±07±F the opportunity to be counted, Not–for–profit institutions. including individuals living in group Frequency: One time. quarters (GQs) (student dorms, shelters, Economic Development Respondent’s Obligation: Mandatory. Administration group homes, etc.) and in housing units OMB Desk Officer: Jerry Coffey, (202) (HUs) that are part of/or associated with 395–7314. Notice of Petitions by Producing Firms special places (SPs). We are conducting Copies of the above information for Determination of Eligibility To this operation by phoning each SP and collection proposal can be obtained by Apply for Trade Adjustment conducting interviews to identify and calling or writing Linda Engelmeier, Assistance collect updated information about the Acting DOC Forms Clearance Officer, GQs and HUs at each SP. This operation (202) 482–3272, Department of AGENCY: Economic Development replaces the Special Place Prelist field Commerce, room 5312, 14th and Administration (EDA). operation conducted in previous Constitution Avenue, NW, Washington, ACTION: To give firms an opportunity to censuses. The goal of this operation is DC 20230. comment. to make improvements over the 1990 Written comments and Special Place Prelist operation. We recommendations for the proposed Petitions have been accepted for filing expect to improve the quality/accuracy information collection should be sent on the dates indicated from the firms of assigning the correct GQ type code within 30 days of publication of this listed below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE [For period 5/21/96±06/19/96]

Date petition ac- Firm name Address cepted Product

Brahmin Leather Works, Inc ...... 77 Alden Road, Fairhaven, MA 02719 06/18/96 Leather Handbags, belts and acces- sories. Foundation Steel & Wire Mf., Inc ...... 3050 West 26th St., Houston, TX 06/10/96 Wire mesh for concrete. 77008. Health-Pak, Inc ...... 2005 Beechgrove Place, Utica, NY 06/10/96 Lab coats and jackets; nonwoven dis- 13501. posable apparel for use in hospitals, clinics and labs. Hoy Shoe Co ...... 4970 Kemper Ave., St. Louis, MO 5/29/96 Sandals for girls. 63139. Mainelli Tool & Die, Inc ...... 30 Houghton St., Providence, RI 02904 06/18/96 Jewelry findings. Maynard Steel Casting Co ...... 2856 South 27th Street, Milwaukee, WI 06/18/96 Cast steel mining equipment compo- 53215. nents, construction equipment com- ponents and railroad components. Mid-States Uniform & Lettering, Inc ...... 715 South Minnesota Ave., P.O. Box 06/18/96 T-shirts. 519, SD 57101. Raintree Buckles & Jewelry, Inc ...... 7115 Laurel Canyon Blvd., North Holly- 05/29/96 Belt buckles and insignia. wood, CA 91605.

The petitions were submitted a public hearing on the matter. A Dated: June 21, 1996. pursuant to Section 251 of the Trade Act request for a hearing must be received Lewis R. Podolske, of 1974 (19 U.S.C. 2341). Consequently, by the Trade Adjustment Assistance Director, Trade Adjustment Assistance the United States Department of Division, Room 7023, Economic Division. Commerce has initiated separate Development Administration, U.S. [FR Doc. 96–17054 Filed 7–2–96; 8:45 am] investigations to determine whether Department of Commerce, Washington, BILLING CODE 3510±24±M increased imports into the United States D.C. 20230, no later than the close of of articles like or directly competitive business of the tenth calendar day with those produced by each firm following the publication of this notice. contributed importantly to total or partial separation of the firm’s workers, The Catalog of Federal Domestic or threat thereof, and to a decrease in Assistance official program number and title sales or production of each petitioning of the program under which these petitions firm. are submitted is 11.313, Trade Adjustment Assistance. Any party having a substantial interest in the proceedings may request 34792 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

International Trade Administration SUPPLEMENTARY INFORMATION: remains dispositive as to the scope of the product coverage. This review [A±428±810] The Applicable Statute covers Akzo and the period June 1, Unless otherwise indicated, all 1994, through May 31, 1995. High-Tenacity Rayon Filament Yarn citations to the statute are references to From Germany; Preliminary Results of the provisions effective January 1, 1995, Verification Antidumping Duty Administrative the effective date of the amendments Review made to the Tariff Act of 1930 (the Act) In accordance with section 353.25(c)(2)(ii) of the Department’s AGENCY: Import Administration, by the Uruguay Round Agreements Act regulations, we verified information International Trade Administration, (URAA). In addition, unless otherwise provided by Akzo using standard Department of Commerce indicated, all citations to the Department’s regulations are to the verification procedures, including on- ACTION: Notice of Preliminary Results of current regulations, as amended by the site inspection of the manufacturer’s Antidumping Duty Administrative facilities, the examination of relevant Review interim regulations published in the Federal Register on May 11, 1995 (60 sales and financial records, and SUMMARY: In response to a request from FR 225130). selection of original documentation containing relevant information. Our the North American Rayon Corporation Background (petitioner), and from Akzo Nobel Faser verification results are outlined in the A.G., Akzo Nobel Industrial Fibers Inc., The Department published an public version of the verification and Akzo Nobel Fibers Inc. antidumping duty order on high- reports. tenacity rayon filament yarn from (collectively, Akzo; respondent), the United States Price Department of Commerce (the Germany on June 30, 1992 (57 FR Department) is conducting an 29062). The Department published a We based our margin calculations on administrative review of the notice of ‘‘Opportunity to Request an export price (EP), as defined in section Administrative Review’’ of the antidumping order on high-tenacity 772(a) of the Act, because the antidumping order for the 1994–95 rayon filament yarn from Germany. This merchandise was sold to unaffiliated review period on June 6, 1995 (60 FR review covers one manufacturer of the U.S. purchasers prior to the date of 29821). On June 30, 1995, both subject merchandise to the United importation. EP sales were based on petitioner and respondent requested States during the June 1, 1994 through packed, f.o.b. prices to unaffiliated that the Department conduct an May 31, 1995 period of review (POR). purchasers in the United States. We administrative review of the We have preliminarily determined made adjustments, where applicable, for antidumping duty order on high- that U.S. sales have been made below U.S. and foreign inland freight, tenacity rayon filament yarn from normal value (NV) during the POR. If brokerage and handling, U.S. duty, Germany. In its June 30, 1995 letter, these preliminary results are adopted in foreign insurance, and international our final results of administrative Akzo requested revocation of the order pursuant to section 353.25(b) of the freight, in accordance with section review, we will instruct the U.S. 772(c) of the Act, because these Customs Service (Customs) to assess Department’s regulations. We initiated the review on July 14, 1995 (60 FR expenses were incident to bringing the antidumping duties equal to the subject merchandise from the original difference between the United States 36260). The Department fully extended the place of shipment in the exporting price (USP) and the NV. In accordance country to the place of delivery in the with section 353.25(a)(2)(i) of the time limits for the deadlines for the preliminary and final results of review, United States. We made an additional Department’s regulations, we do not adjustment to certain EP sales to intend to revoke the antidumping duty because of the scheduling difficulties in arranging the mandatory verification for account for post-sale price adjustments order with respect to Akzo, as reported on a transaction-specific basis requested, because even if we find a de this review. See Antidumping Duty Administrative Reviews; Time Limits, and granted by Akzo in connection with minimis margin in the final results of having obtained the services of a new this review, it would mark only the 60 FR 11613 (March 21, 1996). See also, Memorandum from Joseph A. Spetrini U.S. sales agent. No other adjustments second consecutive year in which Akzo to EP were claimed or allowed. sold the subject merchandise at not less to Susan G. Esserman (March 14, 1996). than NV, and therefore, the conditions The Department is conducting this Normal Value for revocation have not been satisfied. administrative review in accordance A. Viability Interested parties are invited to with section 751 of the Act. comment on these preliminary results. Scope of the Review In order to determine whether there Parties who submit arguments in this The product covered by this was sufficient volume of sales in the proceeding are requested to submit with administrative review is high-tenacity home market (HM) to serve as a viable the argument: (1) A statement of the rayon filament yarn from Germany. basis for calculating NV, we compared issue; and (2) a brief summary of the During the review period, such Akzo’s volume of home market sales of argument. merchandise was classifiable under the foreign like product to the volume EFFECTIVE DATE: July 3, 1996. Harmonized Tariff Schedule (HTS) item of U.S. sales of the subject merchandise, FOR FURTHER INFORMATION CONTACT: number 5403.10.30.40. High-tenacity in accordance with section 773(a)(1)(B) Matthew Blaskovich or Zev Primor, rayon filament yarn is a multifilament of the Act. Because Akzo’s aggregate Office of Antidumping Compliance, single yarn of viscose rayon with a twist volume of HM sales of the foreign like Import Administration, International of five turns or more per meter, having product was greater than five percent of Trade Administration, U.S. Department a denier of 1100 or greater, and a its aggregate volume of U.S. sales for the of Commerce, 14th Street and tenacity greater than 35 centinewtons subject merchandise, we determined Constitution Avenue, N.W., per tex. The HTS item numbers are that the HM provides a viable basis for Washington, D.C. 20230; telephone provided for convenience and Customs calculating NV for Akzo, pursuant to (202) 482–5253. purposes. The written description section 773(a)(1)(C) of the Act. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34793

B. Cost of Production Analysis sales as the basis of determining NV if ordinary course of trade, for In the last review, we disregarded such sales existed, in accordance with consumption in the foreign country. We Akzo’s sales found to be below the cost section 773(b)(1). For those models of used the costs of materials, fabrication, of production (COP). Therefore, in the subject merchandise for which there and G&A as reported in the CV portion accordance with section 773(b)(2)(A)(ii) were no above-cost sales available for of Akzo’s questionnaire response. We of the Act, the Department has matching purposes, we compared EP to used the U.S. packing costs as reported reasonable grounds to believe or suspect constructed value (CV). in the U.S. sales portion of Akzo’s that sales below the COP may have C. Price-to-Price Comparisons response. We based selling expenses occurred during this review period. and profit on the information reported Pursuant to section 777(A)(d)(2), we Thus, pursuant to section 773(b) of the in the home market sales portion of compared the EP of individual Act, we initiated a COP investigation of Akzo’s responses. See Certain Pasta transactions to the monthly weighted- Akzo in this review. Before making any from Italy; Notice of Preliminary average price of sales of the foreign like fair value comparisons, we conducted Determination of Sales at Less Than Fair product where there were sales at prices the COP analysis described below. Value and Postponement of Final above COP, as discussed above. We Determination, 61 FR 1344, 1349 1. Calculation of COP based NV on the f.o.b. price to (January 19, 1996). For selling expenses, We calculated the COP based on the unaffiliated purchasers in the HM. We we used the average of above-cost per- sum of Akzo’s cost of materials and made adjustments, where applicable, in unit home market selling expenses fabrication employed in producing the accordance with section 773(a)(6) of the weighted by the total quantity sold. For foreign like product, plus amounts for Act. Where applicable, we made actual profit, we first calculated the home market selling, general, and adjustments to HM price for early difference between the home market administrative expenses (SG&A) and payment discounts, other discounts, sales value and home market COP for all packing costs in accordance with handling charges, rebates, inland freight above-cost home market sales, and section 773(b)(3) of the Act. We relied (post-sale), inland insurance, interest divided the sum of these differences by on the home market sales and COP revenue, and third party payments. To the total HM COP for these sales. We information provided by Akzo in its adjust for differences in circumstances then multiplied this percentage by the original and supplemental questionnaire of sale between the HM and the U.S., we COP for each U.S. model to derive an responses. deducted HM credit expenses from HM actual profit. price, and increased HM price by an We adjusted CV for technical services, 2. Test of Home Market Prices amount for technical services and credit credit expenses, and packing as reported expenses incurred in the U.S. In order After calculating COP, we tested in the U.S. sales portion of Akzo’s to adjust for differences in packing whether within an extended period of original and supplemental questionnaire between the two markets, we increased time home market sales of high-tenacity responses. rayon filament yarn were made at prices HM price by U.S. packing cost and below COP in substantial quantities, reduced it by HM packing costs. Prices Preliminary Results were reported net of value added taxes and whether such prices permit As a result of this review, we (VAT) and, therefore, no deduction for recovery of all costs within a reasonable preliminarily determine that the period of time. We compared model- VAT was necessary. Akzo reported that its sales in the following weighted-average dumping specific COP to the reported home margin exists: market prices less any applicable home and U.S. markets were made at the same level of trade and channel of movement charges, discounts, rebates, Margin and direct and indirect selling expenses. distribution (direct to end users/ Manufacturer/exporter (percent) converters). Therefore, Akzo did not 3. Results of COP Test request a level of trade adjustment. Our Akzo Nobel Faser A.G., Akzo Pursuant to section 773(b)(2)(C), analysis and verification of Akzo’s Nobel Industrial Fibers, Inc., where less than 20 percent of Akzo’s response confirmed that the selling Akzo Nobel Fibers, Inc. sales of a given model were at prices functions performed for EP sales are not (Akzo) ...... 0.54 less than COP, we did not disregard any sufficiently different than for home below-cost sales of that product because market sales to consider EP sales and Parties to this proceeding may request we determined that the below-cost sales home market sales to be at different disclosure within five days of were not made in substantial quantities. level of trade. Therefore, in accordance publication of this notice and any We found that, for certain models of with section 773(a)(7)(A) of the Act, we interested party may request a hearing high-tenacity rayon filament yarn, 20 did not make a level of trade adjustment within 10 days of publication. Any percent or more of the home market to NV for these preliminary results. hearing, if requested, will be held 44 sales were sold at below-cost prices. days after the date of publication, or the Where 20 percent or more of home D. Constructed Value first working day thereafter. Interested market sales of a given model were at In accordance with section 773(e) of parties may submit case briefs and/or prices less than the COP, we the Act, we calculated CV based on the written comments no later than 30 days disregarded the below-cost sales sum of Akzo’s cost of materials and after the date of publication. Rebuttal because such sales were found to be fabrication employed in producing the briefs and rebuttals to written made in substantial quantities during subject merchandise, SG&A and profit comments, limited to issues raised in the POR (i.e., within an extended period incurred and realized in connection such briefs or comments, may be filed of time) at prices which would not with production and sale of the foreign no later than 37 days after the date of permit recovery of all costs within a like product, and U.S. packing costs. In publication. The Department will reasonable period of time, in accordance accordance with section 773(e)(2)(A), publish a notice of the final results of with section 773(b)(2)(D) of the Act (i.e., we based SG&A and profit on the the administrative review, which will the sales were made at prices below the amounts incurred and realized by Akzo include the results of its analysis of weighted average per unit COP for the in connection with the production and issues raised in any such written POR). We used the remaining above-cost sale of the foreign like product in the comments or at the hearing, within 90 34794 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices days from the issuance of these Dated: June 24, 1996. on Ball Bearings and Parts Thereof from preliminary results. Robert S. LaRussa, Thailand. On May 10, 1995, the The Department shall determine, and Acting Assistant Secretary for Import Department published a notice of Customs shall assess, antidumping Administration. ‘‘Opportunity to Request an duties on all appropriate entries. [FR Doc. 96–17014 Filed 7–2–96; 8:45 am] Administrative Review’’ (60 FR 24831) Individual differences between USP and BILLING CODE 3510±DS-P of this countervailing duty order. We NV may vary from the percentage stated received a timely request for review, above. The Department will issue and we initiated the review, covering appraisement instructions directly to [C±549±802] the period January 1 through December Customs. The final results of this review 31, 1994, on June 15, 1995 (60 FR Ball Bearings and Parts Thereof From shall be the basis for the assessment of 31447). antidumping duties on entries of Thailand; Preliminary Results of In accordance with section 355.22(a) merchandise covered by the Countervailing Duty Administrative of the Department’s Interim Regulations, determination and for future deposits of Review this review covers only those producers estimated duties. AGENCY: Import Administration, or exporters of the subject merchandise Furthermore, the following deposit International Trade Administration, for which a review was specifically requirements will be effective upon Department of Commerce. requested (see Antidumping and completion of the final results of these ACTION: Notice of preliminary results of Countervailing Duties: Interim administrative reviews for all shipments countervailing duty administrative Regulations; Request for Comments, 60 of high-tenacity rayon filament yarn review. FR 25130 (May 11, 1995)) (Interim from Germany entered, or withdrawn Regulations). This review was requested from warehouse, for consumption on or SUMMARY: The countervailing duty order for the Minebea Group of Companies in after publication date of the final results on Ball Bearings and Parts Thereof from Thailand, NMB Thai, Pelmec, and NMB of these administrative reviews, as Thailand was revoked effective January Hi-Tech, which manufacture and export provided by section 751(a)(1) of the Act: 1, 1995, as a result of a changed the subject merchandise. During this (1) the cash deposit rate for Akzo will circumstances review and pursuant to review, the Department learned of be that established in the final results of section 782(h)(2) of the Tariff Act of another Minebea company, NMB this review; (2) for merchandise 1930, as amended by the Uruguay Precision Ball, Ltd., which exported by manufacturers or exporters Round Agreements Act (60 FR 40568). manufactures balls. The company does not covered in this review but covered The Department is conducting an not export to the United States but it in the original LTFV investigation or a administrative review of this order to does sell balls to the other three previous review, the cash deposit will determine the appropriate assessment companies which in turn export continue to be the most recent rate rate for entries made during the last finished ball bearings to the United published in the final determination or review period prior to the revocation of States and elsewhere. This company, final results for which the manufacturer the order (January 1, 1994, through like the other three Minebea producers or exporter received a company-specific December 31, 1994). For information on in Thailand, is a wholly-owned rate; (3) if the exporter is not a firm the net subsidy for reviewed companies subsidiary of Minebea Japan, and covered in this review, or the original and non-reviewed companies, please because NMB Precision Ball, Ltd. investigation, but the manufacturer is, see the Preliminary Results of Review received export subsidies during the the cash deposit rate will be that section of this notice. If the final results period of review (see, ‘‘Programs established for the manufacturer of the remain the same as these preliminary Conferring Subsidies’’ section below) for merchandise in the final results of this results of administrative review, we will its sales of balls to the related Thai ball review, or the LTFV investigation; and instruct the U.S. Customs Service to bearing producers, we preliminarily (4) if neither the exporter nor the assess countervailing duties as detailed determine that it is appropriate to manufacturer is a firm covered in this or in the Preliminary Results of Review include the subsidies to NMB Precision any previous reviews, the cash deposit section of this notice. Interested parties Ball, Ltd. in our calculations of the net rate will be the ‘‘all others rate’’ of 24.58 are invited to comment on these subsidy. percent established in the LTFV preliminary results. Because this order On November 2, 1995, we extended investigation. has been revoked, the Department will the period for completion of the These deposit requirements, when not issue further instructions with preliminary and final results pursuant imposed, shall remain in effect until respect to cash deposits of estimated to section 751(a)(3) of the Act (see publication of the final results of the countervailing duties. Extension of the Time Limit for Certain next administrative review. Countervailing Duty Administrative EFFECTIVE DATE: July 3, 1996. This notice also serves as a Reviews, 60 FR 55699). As explained in preliminary reminder to importers of FOR FURTHER INFORMATION CONTACT: the memoranda from the Assistant their responsibility under 19 CFR Robert Copyak or Kelly Parkhill, Office Secretary for Import Administration 353.26 to file a certificate regarding the of Countervailing Compliance, Import dated November 22, 1995, and January reimbursement of antidumping duties Administration, International Trade 11, 1996 (on file in the public file of the prior to liquidation of the relevant Administration, U.S. Department of Central Records Unit, Room B–099 of entries during this review period. Commerce, 14th Street and Constitution the Department of Commerce), all Failure to comply with this requirement Avenue, N.W., Washington, D.C. 20230; deadlines were further extended to take could result in the Secretary’s telephone: (202) 482–2209 and (202) into account the partial shutdowns of presumption that reimbursement of 482–4126, respectively. the Federal Government from November antidumping duties occurred and the SUPPLEMENTARY INFORMATION: 15 through November 21, 1995, and subsequent assessment of double December 15, 1995, through January 6, antidumping duties. Background 1996. As a result of these extensions, the This administrative review and notice On May 3, 1989, the Department deadline for these preliminary results is are in accordance with section 751(a)(1) published in the Federal Register (54 no later than June 27, 1996, and the of the Act. FR 19130) the countervailing duty order deadline for the final results of this Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34795 review is no later than 180 days from 7, 1993)). Since the mark-up is not part Verification the date on which these preliminary of the export value upon which the As provided in section 782(i) of the results are published in the Federal respondents earn subsidies, the Act, we verified information submitted Register. Department has followed the by the Royal Thai Government and the Applicable Statute and Regulations methodology adopted in prior Minebea Group of companies. We administrative reviews, and calculated followed standard verification Unless otherwise indicated, all the ad valorem rate as a percentage of citations to the statute are references to procedures, including meeting with the original export value from Thailand government and company officials and the provisions of the Tariff Act of 1930, and then multiplied this rate by the as amended by the Uruguay Round examination of relevant accounting and adjustment ratio—the original export financial records and other original Agreements Act (URAA) effective value from Thailand divided by the January 1, 1995 (the Act). The source documents. Our verification marked-up value of the goods entering results are outlined in the public Department is conducting this the United States. administrative review in accordance versions of the verification reports, with section 751(a) of the Act. NMB Thai, Pelmec, NMB Hi-Tech, which are on file in the Central Records and NMB Precision Ball, Ltd. are Unit (Room B–099 of the Main Calculation Methodology wholly-owned by one parent company, Commerce Building). In the first administrative review, and are therefore affiliated companies Analysis of Programs respondents claimed that the F.O.B. within the meaning of section 771(33) of value of the subject merchandise the Act. See Final Affirmative I. Program Conferring Subsidies entering the United States is greater Countervailing Duty Determination: Investment Promotion Act of 1977— than the F.O.B. price charged by the Certain Pasta (‘‘Pasta’’) from Italy, 60 FR Sections 28, 31, 36(1), and 36(4) companies in Thailand (57 FR 26646 30288, 30290 (June 14, 1996). (June 15, 1992)). They explained that Furthermore, all four sister companies The Investment Promotion Act of this discrepancy is due to a mark-up produce the subject merchandise. As a 1977 (IPA) is administered by the Board charged by the parent company, located result, these four companies warrant of Investment (BOI) and is designed to in a third country, through which the treatment as a single company with a provide incentives to invest in merchandise is invoiced. However, the combined rate. This is consistent with Thailand. In order to receive IPA subject merchandise is shipped directly our approach in the investigation and benefits, each company must apply to from Thailand to the United States and all prior reviews of this order. See Ball the BOI for a Certificate of Promotion is not transshipped, combined with Bearings and Parts Thereof from (license), which specifies goods to be other merchandise, or repackaged with Thailand; Preliminary Results of produced, production and export other merchandise. In other words, for Countervailing Duty Administrative requirements, and benefits approved. each shipment of subject merchandise, Review, 60 FR 22563 (May 8, 1995); see These licenses are granted at the there are two invoices and two also Ball Bearings and Parts Thereof discretion of the BOI and are corresponding F.O.B. export prices: (1) from Thailand; Preliminary Results of periodically amended or reissued to The F.O.B. export price at which the Countervailing Duty Administrative change benefits or requirements. Each subject merchandise leaves Thailand, Review, 60 FR 42532 (August 16, 1995). IPA benefit for which a company is and on which subsidies from the Royal To avoid double counting, the sales eligible must be specifically stated in Thai Government (RTG) are earned by value was adjusted to account for the license. We have previously determined that the companies, and upon which the intercompany sales of subject the BOI licenses of Pelmec, NMB Thai, subsidy rate is calculated; and (2) the merchandise. We calculated the and NMB Hi-Tech constitute export F.O.B. export price which includes the countervailing duty rate by first totaling subsidies (58 FR 36392, July 7, 1993 and parent company mark-up, and which is the benefits received by the four listed on the invoice accompanying the 60 FR 52374, October 6, 1995). No new companies for each program used. subject merchandise as it enters the information or evidence of changed Dividing these sums by the total Thai United States, and upon which the cash circumstances has been provided to export value for the four companies, we deposits are collected and the warrant reconsideration of this finding. calculated the unadjusted subsidy rate countervailing duty is assessed. In prior NMB Precision Ball, Ltd. held one for each program used. As described reviews, we verified on a transaction- license during the period of review, and above, we adjusted these rates by specific basis the direct correlation this license was tied to export multiplying them by the ratio of the between the invoice which reflects the performance and is, therefore, original export price from Thailand to F.O.B. price on which the subsidies are countervailable like the others. the marked-up price of the goods earned and the invoice which reflects In past reviews, the Minebea Group entering the United States. Finally, we the marked-up price that accompanies received benefits under sections 28, 31, each shipment as it enters the United summed the adjusted subsidy rate for and 36(1) of the IPA. In this review, they States. each program, to arrive at the total received benefits under these sections, Respondents argued that the countervailing duty rate. as well as under section 36(4). calculated ad valorem rate should be Scope of the Review Section 28: Prior to the review period, adjusted by the ratio of the export value IPA Section 28 allowed companies to from Thailand to the export value Imports covered by this review are import machinery free of import duties, charged by the parent company to the ball bearings and parts thereof. Such the business tax and the local tax. U.S. customer so that the amount of merchandise is described in detail in However, effective January 1, 1992, the countervailing duties collected would the Appendix to this notice. The RTG eliminated both the business and reflect the amount of subsidies Harmonized Tariff Schedule (HTS) item the local tax and instituted a value bestowed. The Department agreed and numbers listed in the Appendix are added tax (VAT) system. made this adjustment in prior provided for convenience and Customs According to Section 21(4) of the VAT administrative reviews (57 FR 26646, purposes. The written description Act, if Section 28 benefits were granted (June 15, 1992); and 58 FR 36392 (July remains dispositive. by BOI to a company before January 1, 34796 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

1992, that company, when importing possible time-value-of-money benefit the Agreement contains a footnote (fn fixed assets under Section 28, would under Section 21(4) of the VAT Act in 61) which defines inputs consumed in continue to be subject to the business the review would be insignificant. On the production process as: ‘‘[i]nputs tax provisions under Chapter IV, Title II, this basis, we preliminarily determine consumed in the production process are of the Revenue Code before being that the exemption of the VAT on inputs physically incorporated, energy, amended by the VAT Act. In accordance imports of fixed assets under Section fuels and oils used in the production with Section 21(4), the company would 21(4) of the VAT Act does not constitute process and catalysts which are be required to pay the business and a countervailable benefit to the consumed in the course of their use to local taxes only if its BOI license companies specified in Section 21(4). obtain the exported product.’’ requirements were violated. Section Since the business and local tax At verification, we requested 21(4) of the VAT Act applies to Pelmec, exemptions under Section 28 of the IPA respondents to break out the ‘‘essential NMB Thai, NMB Hi-Tech, and NMB and the VAT exemption under Section materials’’ according to the definition in Precision Ball, Ltd. because all of their 21(4) of the VAT Act do not confer the Annex II footnote, and provide that licenses were granted before January 1, countervailable benefits to companies break-out in a supplemental response. 1992, and contain Section 28 benefits. subject to Section 21(4) of the VAT Act, Their break-out continued to include a The respondents have argued that we preliminarily determine that only number of BOI essential materials that given the provisions of the VAT Act the exemptions of import duties on fall outside the definition in footnote 61. and, specifically Section 21(4), their fixed assets under Section 28 of IPA Respondents argue that the term exemption from the business and local continue to provide countervailable ‘‘consumed in production’’ should taxes no longer constitutes a benefit to benefits to the respondent companies. include all items that are worn out the companies because: (1) no other Section 31: IPA Section 31 allows during the production process and that companies are required to pay the companies an exemption from payment physically touch the product (e.g., of corporate income tax on profits business and local taxes; and (2) under grinding wheels, drill bits, lubricating derived from promoted exports. The Section 21(4), payment of the business cleaning solutions) as well as items such corporate income tax rate in Thailand is and local taxes serves only as a penalty as packing materials. However, it is the 30 percent. NMB Thai and NMB Hi- for noncompliance with BOI license Department’s position that the Tech claimed an income tax exemption requirements. We verified that under definition in Annex II is clear, and under Section 31 on the income tax the new VAT law, companies are no therefore, the only duty exemptions that returns filed during the review period. longer required to pay business and we find not countervailable are those on local taxes with the exception of the The income tax exemption continues to oils, lubricating cleaning solutions, noncompliance penalty noted above. provide countervailable benefits to the packing materials, and materials which For these reasons, we preliminarily respondent companies. are physically incorporated into the determine that the business and local Section 36(1): IPA Section 36(1) exported product. The remaining duty tax exemptions under Section 28 no allows companies to import raw and exemptions, received by the respondent longer constitute a countervailable ‘‘essential’’ materials free of import companies, continue to be benefit for companies subject to Section duties. As Pelmec, NMB Thai, NMB Hi- countervailable. Because energy and 21(4) of the VAT Act. Tech and Precision Ball Ltd. have However, under provisions of Section bonded warehouses for the purchase of fuels were not eligible for Section 36(1) 21(4) of the VAT Act, companies that raw materials, they have only claimed duty exemptions, we have not were granted Section 28 benefits under Section 36(1) duty exemptions on their addressed whether duty exemptions on the IPA before January 1, 1992, are not imports of essential materials. those products would be required to pay VAT on imports of fixed Respondents’ questionnaire response countervailable under the URAA. assets. The respondents have argued included a range of items that were Section 36(4): While the Minebea that this exemption from VAT on categorized by the BOI as essential Group had not, prior to the period of imports of fixed assets did not materials (e.g., grinding wheels, blades, review, claimed any benefits under constitute a benefit to the companies lubricating cleaning solutions, gloves, Section 36(4) of the IPA, its BOI because all companies, promoted and and packing materials) for which they licenses, discussed in greater detail non-promoted alike, are effectively received duty exemptions. Energy and above, always included eligibility to exempted from VAT on their imports of fuel were not included as they are not claim them. Thus, the general fixed assets. According to the Section 82 eligible for section 36(1) duty discussion of the IPA above applies to of the VAT Act, the VAT liability is exemption. Section 36(4) as well. In this review computed by subtracting the ‘‘input tax’’ Prior to the Uruguay Round period, NMB Hi-Tech claimed benefits (the VAT paid) from the ‘‘output tax’’ Agreement, only duty exemptions on under Section 36(4) of the IPA for the (the VAT collected). Consequently, inputs that were physically first time. Under Section 36(4) of the companies that pay VAT on imports of incorporated into the product being IPA, promoted persons can deduct from fixed assets are effectively exempted exported (e.g., raw material inputs and their assessable income for payment of from this VAT payment as they receive packing materials) were considered non- income tax an amount equal to five a credit for the VAT they paid on countervailable. Under the Agreement percent of the increased income over the purchases of inputs, including imports on Subsidies and Countervailing previous year, derived from the export of fixed assets, when their monthly VAT Measures (the Agreement), this has been of products produced by the promoted liability is computed. We examined this broadened to include duty exemptions persons. This benefit is calculated issue through questionnaires and at on products that are ‘‘consumed in across the first ten years of a license, verification. We confirmed that under production.’’ Respondents claim that and it can be used as a loss carried the VAT system, companies receive the essential materials for which BOI forward in any year the promoted credit for the VAT paid on the grants duty exemptions meet the person wishes to use it, either during or purchases of inputs and, as a result, no ‘‘consumed in production’’ standard, after the promoted period. As Section VAT is effectively paid by companies on and, therefore, any duty exemptions on 36(4) is conditioned upon exports, we these purchases. Since VAT liability is these materials should be found not preliminarily find this program to be computed on a monthly basis, any countervailable. However, Annex II of countervailable. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34797

Calculation of Benefit from IPA Sections Interim Regulations, we calculated an notice. Interested parties may submit 28, 31, 36(1) and 36(4) individual subsidy rate for each written arguments in case briefs on To calculate the benefit from Sections producer/exporter subject to this these preliminary results within 30 days 31, 28, and 36(1), of the IPA, we administrative review. As stated in the of the date of publication. Rebuttal followed the same methodology that has Calculation Methodology section above, briefs, limited to arguments raised in since the Minebea companies are been used in past administrative case briefs, may be submitted seven affiliated, we are treating them as one reviews (see, e.g., 58 FR 16174, March days after the time limit for filing the company, and calculating one 25, 1993; 57 FR 9413, March 18, 1992). case brief. Parties who submit argument countervailing duty rate for the group. For Section 31, we calculated the in this proceeding are requested to Thus, for the period January 1, 1994, benefit by calculating the difference submit with the argument: (1) a through December 31, 1994, we between what each company paid in statement of the issue; and, (2) a brief preliminarily determine the net subsidy corporate income tax during the review summary of the argument. Any hearing, for NMB Thai, Pelmec, NMB Hi-Tech, period and what it would have paid if requested, will be held seven days and NMB Precision Ball, Ltd. to be 5.25 absent the exemption. We did this by after the scheduled date for submission percent ad valorem. of rebuttal briefs. Copies of case briefs multiplying the corporate income tax If the final results of this review rate in effect during the review period and rebuttal briefs must be served on remain the same as these preliminary interested parties in accordance with 19 by the amount of each company’s results, the Department intends to income that was exempted from income C.F.R. § 355.38. instruct the U.S. Customs Service to Representatives of parties to the tax. For Sections 28 and 36(1), we assess countervailing duties as indicated calculated the benefit by obtaining the proceeding may request disclosure of above. proprietary information under amount of import duties that would As stated in the‘‘Summary’’ section have been paid on the imports absent administrative protective order no later above, the Department revoked this than 10 days after the representative’s the exemption. countervailing duty order, effective Prior to this review, none of the client or employer becomes a party to January 1, 1995, pursuant to section the proceeding, but in no event later Minebea group had ever claimed 782(h)(2) of the Act. Ball Bearings and benefits under Section 36(4). During the than the date the case briefs, under 19 Parts Thereof from Thailand; Final C.F.R. § 355.38, are due. The period of review, NMB Hi-Tech claimed results of Changed Circumstances benefits under Section 36(4) for the first Department will publish the final Countervailing Duty Review and results of this administrative review time. We calculated the Section 36(4) Revocation of Countervailing Duty benefit by determining the amount of including the results of its analysis of Order, 61 FR 20799 (May 8, 1996). issues raised in any case or rebuttal brief tax which would have been paid absent Accordingly, suspension of liquidation this deduction. or at a hearing. was terminated effective January 1, This administrative review and notice We then added all duty and tax 1995; thus, the Department will not are in accordance with section 751(a)(1) savings under all the IPA programs and issue further instructions with respect to of the Act (19 U.S.C. 1675(a)(1)). divided this aggregate benefit by the cash deposits of estimated total export value of the subject countervailing duties. Dated: June 27, 1996. merchandise. We then made the The URAA replaced the general rule Robert S. LaRussa, adjustment for the parent company in favor of a country-wide rate with a Acting Assistant Secretary for Import mark-up discussed in the ‘‘Calculation general rule in favor of individual rates Administration. Methodology’’ section above. On this for investigated and reviewed Appendix basis, we preliminarily determine the companies. The procedures for countervailing duty rate from IPA countervailing duty cases are now Scope of Review Sections 31, 28, 36(1), and 36(4) to be essentially the same as those in Ball Bearings, Mounted or Unmounted, 5.25 percent ad valorem during the antidumping cases, except as provided and Parts Thereof review period. for in section 777A(e)(2)(B) of the Act. Requests for administrative reviews The products covered by this review, II. Programs Preliminarily Determined to must now specify the companies to be ball bearings, mounted or unmounted, be Not Used reviewed. See section 355.22(a) of the and parts thereof, include all We examined the following programs Interim Regulations. The requested antifriction bearings which employ balls and preliminarily determine that the review will normally cover only those as the rolling element. During the producers and/or exporters of the companies specifically named. Pursuant review period, imports of these products subject merchandise did not apply for or to 19 C.F.R. § 355.22(g), for all were classifiable under the following receive benefits under these programs companies for which a review was not categories: antifriction balls; ball during the period of review: requested, duties must be assessed at bearings with integral shafts; ball A. Tax Certificates for Exporters the cash deposit rate previously bearings (including radial ball bearings) B. Electricity Discounts for Exporters ordered. Accordingly, for the period and parts thereof; ball bearing type C. Export Packing Credits January 1 through December 31, 1994, pillow blocks and parts thereof; ball D. Rediscount of Industrial Bills the assessment rates applicable to all bearing type flange, take-up, cartridge, E. IPA Section 33 non-reviewed companies covered by and hanger units, and parts thereof; and F. Export Processing Zones this order are the cash deposit rates in other bearings (except tapered roller G. Reduced Business Taxes for effect at the time of entry. bearings) and parts thereof. Wheel hub Producers of Intermediate Goods for units which employ balls as the rolling Export Industries Public Comment element are subject to the review. H. International Trade Promotion Fund Parties to the proceeding may request Finished but unground or semiground disclosure of the calculation balls are not included in the scope of Preliminary Results of Review methodology and interested parties may this review. In accordance with section request a hearing not later than 10 days Imports of these products are 355.22(c)(4)(ii) of the Department’s after the date of publication of this currently classifiable under the 34798 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices following HTS item numbers: dominated by a single interest category. In fiscal year. There are no alternative 8482.10.10, 8482.10.50, 8482.80.00, such considerations, the Secretary of sources of capital, and the Fund will 8482.91.00, 8482.99.10, 8482.99.70, Commerce shall consult the Committee for cease to do business. 8483.20.40, 8483.20.80, 8483.30.40, advice regarding balance and the criteria by which it may be determined. EFFECTIVE DATE: July 3, 1996. 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, Until the standard is republished, the FOR FURTHER INFORMATION CONTACT: 8708.99.50. This review covers all of the amendments shall be listed as an Michael L. Grable, Chief, Financial subject bearings and parts thereof addendum to the standard. Services Division (301–713–2390). outlined above with certain limitations. ADDRESSES: Standards Management SUPPLEMENTARY INFORMATION: Section 10 With regard to finished parts (inner Program, Office of Standards Services, of the Fishermen’s Protective Act race, outer race, cage, rollers, balls, National Institute of Standards and established this fund. This fund has seals, shields, etc.), all such parts are Technology, Gaithersburg, MD 20899. since 1979 paid fishermen’s claims for included in the scope of this review. For FOR FURTHER INFORMATION CONTACT: damage to their vessels and gear caused unfinished parts (inner race, outer race, Barbara M. Meigs, Office of Standards by the actions of other vessels. Claims rollers, balls, etc.), such parts are Services, National Institute of Standards have typically involved the unobserved included if (1) they have been heat and Technology, telephone: (301) 975– loss of fixed fishing gear presumptively treated, or (2) heat treatment is not 4025, fax: (301) 926–1559. caused by other vessels transiting required to be performed on the part. SUPPLEMENTARY INFORMATION: NIST through fixed-gear deployment areas. Thus, the only unfinished parts that are announced on October 23, 1995, at 60 The Fund’s only significant source of not covered by this review are those FR 54338–54339, that the ALSC would capital has been the statutory ability to parts which will be subject to heat consider three proposed amendments to levy a surcharge of up to 20 percent on treatment after importation. Voluntary Product Standard PS 20–94 at fees imposed on foreign fishing vessels [FR Doc. 96–17015 Filed 7–2–96; 8:45 am] its annual meeting on November 17, formerly fishing in the U.S. exclusive BILLING CODE 3510±DS±P 1995. Proposed Amendments 1 and 2 economic zone (EEZ). The last levy were approved by the Committee; occurred in 1984, and foreign fishing in proposed Amendment 3 pertaining to the EEZ has since virtually ceased. The National Institute of Standards and Canadian representation was rejected. Fund has, since 1984, been husbanding Technology Voluntary Product Standard PS 20–94 capital reserved from earlier surcharges. [Docket No. 960516133±6133±01] American Softwood Lumber Standard There are now enough claims on hand was developed under procedures to potentially deplete the Fund’s RIN 0693±XX19 published by the Department of remaining capital. Commerce in part 10, title 15, of the Announcement of Amendments to Although the Fund has statutory Code of Federal Regulations. In accord Voluntary Product Standard PS 20±94 authority to borrow up to $5,000,000 with the provisions of the procedures, American Softwood Lumber Standard from the U.S. Treasury with which to this announcement is to provide public pay claims, it cannot do so, because it AGENCY: National Institute of Standards notice of these amendments to PS 20– has no source of funds with which to and Technology, Commerce. 94 and to indicate that the amendments repay the borrowing. shall be listed an addendum to the ACTION: Notice, announcement of NMFS will, consequently: amendments to Voluntary Product standard until the standard is Standard PS 20–94. republished. 1. Accept no further claim applications against the Fund (NMFS Authority: 15 U.S.C. 272 and 15 CFR part SUMMARY: The American Lumber 10. will return to claimants all claim Standard Committee (ALSC), acting as applications submitted after the date of Dated: June 27, 1996. the Standing Committee for Voluntary this notice). Samuel Kramer, Product Standard PS 20–94 American 2. Pay claims already submitted, Associate Director. Softwood Lumber Standard, approved provided sufficient Fund capital is two amendments to the standard on [FR Doc. 96–17032 Filed 7–2–96; 8:45 am] available, in the chronological order in November 17, 1995 at its annual BILLING CODE 3510±13±M which claimants’ applications are meeting in Corpus Christi, TX: determined by NMFS to be complete for Amendment 1 pertains to the processing and are approved by NMFS certification functions of the Board of National Oceanic and Atmospheric Administration (NMFS may return claim applications Review with regard to grading rules and when NMFS determines there is revises § 10.2.3 as follows: [I.D. 061196A] insufficient Fund capital available). The originating agency shall make the rules RIN 0648±AC73 3. Refund claim application fees to fully and fairly available to all applicants whose claims NMFS cannot manufacturers, distributors, users, and Fishing Vessel and Gear Damage process due to insufficient Fund capital. consumers of lumber on equal terms and Compensation Fund Program conditions and without discrimination. 4. Maintain a list of returned claims, Amendment 2 pertains to the AGENCY: National Marine Fisheries and advise claimants, in chronological membership of the American Lumber Service (NMFS), National Oceanic and order of claim submission, to resubmit Standard Committee and revises § 9.3.7 Atmospheric Administration (NOAA), them if unobligated Fund capital proves as follows: Commerce. sufficient to pay additional claims. Balance of representation—Upon request, ACTION: Notice. Catalog of Federal Domestic Assistance the Secretary of Commerce may consider making changes in the constitution of the SUMMARY: NMFS announces that the The Fishing Vessel and Gear Damage Committee or making additional Fishing Vessel and Gear Damage Compensation Fund Program is listed in appointments to ensure that the Committee Compensation Fund’s (Fund) capital the Catalog of Federal Domestic has a balance of interest and is not will be depleted before the end of this Assistance under number 11.409. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34799

Classification Dated: June 26, 1996. Richard W. Surdi, Acting Director, This action has been determined to be David L. Evans, Office of Fisheries Conservation and not significant for purposes of E.O. Acting Deputy Assistant Administrator for Management, National Marine Fisheries 12866. Ocean Services and Coastal Zone Service. Management. Special Accommodations Authority: Public Law 95–396 and 95–561 [FR Doc. 96–16881 Filed 7–2–96; 8:45 am] (22 U.S.C. 1980 et seq.) BILLING CODE 3510±08±M Gary Matlock, Program Management Dated: June 27, 1996. Officer, National Marine Fisheries Rolland A. Schmitten, Service. This meeting is physically [I.D. 062696E] Assistant Administrator for Fisheries, accessible to people with disabilities. National Marine Fisheries Service. Western Pacific Fishery Management Requests for sign language [FR Doc. 96–17052 Filed 7–2–96; 8:45 am] Council; Public Meeting interpretation or other auxiliary aids should be directed to Kitty M. Simonds, BILLING CODE 3510±22±F AGENCY: National Marine Fisheries 808–522–8220 (voice) or 808–522–8226 Service (NMFS), National Oceanic and (fax), at least 5 days prior to meeting Atmospheric Administration (NOAA), date. Hawaiian Islands Humpback Whale Commerce. Dated: June 27, 1996. National Marine Sanctuary Advisory ACTION: Notice of public meeting. Richard W. Surdi, Council; Meeting Acting Director, Office of Fisheries SUMMARY: The Western Pacific Fishery AGENCY: Sanctuaries and Reserves Conservation and Management, National Management Council’s (Council) Marine Fisheries Service. Division (SRD), Office of Ocean and Scientific and Statistical Committee [FR Doc. 96–17047 Filed 7–2–96; 8:45 am] Coastal Resource Management (OCRM), (SSC) will hold its 63rd meeting. National Ocean Service (NOS), National BILLING CODE 3510±22±F DATES: The meeting will be held August Oceanic and Atmospheric 5–6, 1996, from 8:30 a.m. to 5:00 p.m. Administration (NOAA), Department of each day. Commerce. [I.D. 062696D] ADDRESSES: The meeting will be held at ACTION: Hawaiian Islands Humpback the Kaluakoi Hotel, Hoaloha Room, Western Pacific Fishery Management Whale National Marine Sanctuary Molokai, HI; telephone: (808) 552–2555. Council; Public Meeting Advisory Council Open Meeting. Council address: Western Pacific AGENCY: National Marine Fisheries SUMMARY: NOAA will conduct a meeting Fishery Management Council, 1164 Service (NMFS), National Oceanic and of the Sanctuary Advisory Council Bishop St., Suite 1405, Honolulu, HI, Atmospheric Administration (NOAA), (SAC) for the Hawaiian islands 96813. Commerce. FOR FURTHER INFORMATION CONTACT: Humpback Whale National Marine ACTION: Notice of public meeting. Sanctuary on Friday, July 12, 1996, in Kitty M. Simonds, Executive Director; Wailea, Maui, Hawaii. The SAC was telephone: (808) 522–8220. SUMMARY: The Western Pacific Fishery established to advise NOAA’s SUPPLEMENTARY INFORMATION: The SSC Management Council will hold a Sanctuaries and Reserves Division will discuss and may make meeting of its Bottomfish Task Force. regarding the development and recommendations to the Council on the DATES: The meeting will be held on July management of the Hawaii Islands following agenda items: 23, 1996, from 9:00 a.m. to 5:00 p.m. Humpback Whale National Marine 1. Pelagic fishery issues, including: ADDRESSES: The meeting will be held at Sanctuary. The Advisory Council was (a) an update on the Pelagic Fisheries the Executive Center, 1088 Bishop St., established under the National Marine Research Program, Room 4003, Honolulu, HI; telephone: Sanctuaries Act. (b) Status of NMFS Pelagic Research, (808) 539–3000. TIME AND PLACE: The meeting will be (c) 1995 annual report, Council address: Western Pacific (d) Longline bycatch issues, held on Friday, July 12, 1996, from 9:30 Fishery Management Council, 1164 (e) Status of Albatross Workshop, and AM until 3:00 PM, at the Kea Lani Bishop St., Suite 1405, Honolulu, HI, (f) Program planning; Hotel, Wailea Maui, Hawaii. 96813. AGENDA 2. Hawaii bottomfish issues, : General issues related to the FOR FURTHER INFORMATION CONTACT: Hawaiian Islands Humpback Whale including: (a) Status of Hawaii Department of Kitty M. Simonds, Executive Director; National Marine Sanctuary are expected telephone: (808) 522–8220. to be discussed, including a discussion Land and Natural Resources SUPPLEMENTARY INFORMATION: on communication protocols and management plan for Main Hawaiian The task strategies, community outreach, and Islands onaga and ehu, force will hold its second meeting to reports from the SAC subcommittees (b) Council preliminary (backup) discuss and formulate limited entry (boundary, regulatory and management). management plan for Main Hawaiian alternatives for the Mau Zone Island onaga and ehu, bottomfish fishery in the Northwestern PUBLIC PARTICIPATION: The meeting will (c) Limited entry alternatives for the Hawaiian Islands and consider other be open to the public, and interested Mau Zone, business as required. persons will be permitted to present oral (d) Status of moratorium on new entry Special Accommodations or written statements on agenda items. to the Mau Zone, Seats will be available on a first-come, (e) 1995 annual report, This meeting is physically accessible first-served basis. (f) Consideration of additional to people with disabilities. Requests for FOR FURTHER INFORMATION CONTACT: Hoomalu Zone participation, and sign language interpretation or other Allen Tom (808) 879–2818 or Brady (g) Program planning; auxiliary aids should be directed to Phillips at (301) 713–3141, ext. 169. 3. Crustaceans Milestones 1997–1997; Kitty M. Simonds, 808–522–8220 Federal Domestic Assistance Catalog Number and (voice) or 808–522–8226 (fax), at least 5 11.429 Marine Sanctuary program 4. Other business as required. days prior to meeting date. 34800 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Dated: June 27, 1996. 5. Crustaceans Milestones 1997–1999; endangered and threatened species for Richard W. Surdi, 6. Bottomfish issues, including: the purpose of scientific research. Acting Director, Office of Fisheries (a) 1995 annual report island-area DATES: Written comments or requests for Conservation and Management, National summaries, a public hearing on this application Marine Fisheries Service. (b) Status of Department of Land and must be received on or before August 2, [FR Doc. 96–17048 Filed 7–2–96; 8:45 am] Natural Resources management plan for 1996. BILLING CODE 3510±22±F Main Hawaiian Island onaga and ehu, ADDRESSES: The application and related (c) Council’s preliminary management documents are available for review in plan for Main Hawaiian Island Onaga [I.D. 062696C] the following offices, by appointment: and Ehu stocks, Office of Protected Resources, F/PR8, Western Pacific Fishery Management (d) Limited entry alternatives for the NMFS, 1315 East-West Highway, Silver Council; Public Meetings Mau Zone, and Spring, MD 20910–3226 (301–713– (e) Milestones 1997–1999; 1401); and AGENCY: National Marine Fisheries 7. Enforcement issues, including: Environmental and Technical Service (NMFS), National Oceanic and (a) NMFS activities and Vessel Services Division, 525 NE Oregon Atmospheric Administration (NOAA), Monitoring System (VMS) update, Street, Suite 500, Portland, OR 97232– Commerce. (b) Status of violations, and 4169 (503–230–5400). ACTION: Notice of public meetings. (c) Amendment to require VMS on all Written comments or requests for a foreign vessels; public hearing should be submitted to SUMMARY: The Western Pacific Fishery 8. Native rights and indigenous the Chief, Endangered Species Division, Management Council (Council) will fishing issues, including; Office of Protected Resources. hold its 90th meeting. (a) Status of relevant Magnuson SUPPLEMENTARY INFORMATION: CRITFC DATES: The meeting will be held on Fisheries Conservation and Management requests a modification to a permit August 7–9, 1996. See SUPPLEMENTARY Act (Magnuson Act) amendments, and under the authority of section 10 of the INFORMATION for specific dates and (b) Molokai subsistence Endangered Species Act of 1973 (ESA) times. demonstration project; (16 U.S.C. 1531-1543) and the NMFS ADDRESSES: The meeting will be held at 9. Program planning, including; regulations governing ESA-listed fish the Kaluakoi Hotel, Hoaloha Room, (a) Status of Magnuson Act re- and wildlife permits (50 CFR parts 217- Molokai, HI; telephone: (808) 552–2555. authorization, 227). Council address: Western Pacific (b) Status of Western Pacific Fisheries CRITFC (P513) requests modification Fishery Management Council, 1164 Information Network (WPacFIN), and 7 to permit 825 for authorization to take Bishop St., Suite 1405, Honolulu, HI, (c) Milestones; juvenile, threatened, Snake River fall 96813. 10. Administrative matters; and chinook salmon (Oncorhynchus FOR FURTHER INFORMATION CONTACT: 11. Other business as required. tshawytscha) annually associated with a Kitty M. Simonds, Executive Director; Special Accommodations study designed to monitor the extent of telephone 808–522–8220. dissolved nitrogen gas supersaturation This meeting is physically accessible SUPPLEMENTARY INFORMATION: The effects on outmigrating juvenile to people with disabilities. Requests for anadromous fish in the Snake and Council’s Standing Committees will sign language interpretation or other meet from 8:00 a.m. to 5:00 p.m. on Columbia Rivers in the Pacific auxiliary aids should be directed to Northwest. Permit 825 authorizes an August 7. The full Council will meet Kitty M. Simonds, 808–522–8220 from 8:30 a.m. to 4:00 p.m. on August annual take of adult and juvenile, (voice) or 808–522–8226 (fax), at least 5 threatened, Snake River spring/summer 8–9. There will be a Community days prior to meeting date. Meeting at the Mitchell Pauole Center chinook salmon (Oncorhynchus from 5:30 p.m. to 7:00 p.m. on August Dated: June 27, 1996. tshawytscha) and juvenile, endangered, 8. Richard W. Surdi, Snake River sockeye salmon The Council will discuss and may Acting Director, Office of Fisheries (Oncorhynchus nerka) associated with take action on the following agenda Conservation and Management, National several scientific research studies items: Marine Fisheries Service. including the dissolved nitrogen gas 1. Reports from the islands; [FR Doc. 96–17049 Filed 7–2–96; 8:45 am] supersaturation study. Juvenile fall 2. Reports from fishery agencies and BILLING CODE 3510±22±F chinook salmon are proposed to be organizations; captured, anesthetized, examined, 3. Ecosystems and Habitat, including: allowed to recover from the anesthetic, [I.D. 062796A] (a) Summary of recent issues and and released. The probability of a activities, and Endangered Species; Permits juvenile, ESA-listed, Snake River fall (b) Project update on large scale chinook salmon indirect mortality transplant of live corals in Hawaii; AGENCY: National Marine Fisheries associated with the study is negligible. 4. Pelagic fishery issues, including: Service (NMFS), National Oceanic and Modification 7 is requested for the (a) 1995 annual report island-area Atmospheric Administration (NOAA), duration of the permit. Permit 825 summaries, Commerce. expires on December 31, 1997. (b) Status of NMFS Pelagic Research, ACTION: Receipt of an application for Those individuals requesting a (c) Bycatch issues, modification 7 to scientific research hearing (see ADDRESSES) should set out (d) Status of request for single-Council permit 825 (P513). the specific reasons why a hearing on designation for management of domestic this application would be appropriate. pelagic fisheries in the Pacific, SUMMARY: Notice is hereby given that The holding of such hearing is at the (e) Status of Albatross Workshop, the Columbia River Inter-tribal Fish discretion of the Assistant (f) Pelagics data amendment, and Commission at Portland, OR (CRITFC) Administrator for Fisheries, NOAA. All (g) Status of shark, turtle and albatross has applied in due form for a statements and opinions contained in assessment; modification to a permit to take this application summary are those of Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34801 the applicant and do not necessarily Permit No. 987 authorizes the taking 23, 1996. Charter amendments will reflect the views of NMFS. (i.e., harassment) of up to 200 allow the Assistant Secretary of Dated: June 27, 1996. humpback whales (Megaptera Commerce and Commissioner of Patents Robert C. Ziobro, novaeangliae) in the course of and Trademarks (Assistant Secretary) to behavioral and photo-identification select organizations which are Acting Chief, Endangered Species Division, Office of Protected Resources, National studies and biopsy sampling, in the representative of the Intellectual Marine Fisheries Service. waters around the main Hawaiian Property community. Each selected [FR Doc. 96–17051 Filed 7–2–96; 8:45 am] Islands, primarily off of Maui, Hawaii, organization will, in turn, be able to over a period of 2 years. Amendment appoint a designated number of BILLING CODE 3510±22±F No. 1 to Permit No. 987, authorizes: 1) members to the Committee. Committee An increase in the total number of membership will be limited to no more harassment takes authorized from 200 to than 15 members. These members will [I.D. 062096A] up to 1000 animals annually, in Hawaii serve staggered 3-year terms. Marine Mammals; Permit No. 987 waters, up to 100 of which may be SUPPLEMENTARY INFORMATION: The (P598) biopsy sampled annually; 2) an increase Committee was first chartered in in the duration of the permit from two January 1973 and is now being renewed AGENCY: National Marine Fisheries to three years; 3) the biopsy of 10 cows and its charter amended. The Service (NMFS), National Oceanic and with calves or yearlings (biopsy of Committee’s purpose is to advise the Atmospheric Administration (NOAA), calves/yearlings is not requested); 4) the Patent and Trademark Office (Office) on Commerce. opportunistic collection of biopsy ways to increase the Office’s efficiency ACTION: Scientific research permit samples from dead stranded whales and and effectiveness and to provide a amendment. retrieve humpback whale carcasses for continuing flow of knowledge from the necropsy; 5) the inclusion of Southeast private sector or the Office in the area SUMMARY: Notice is hereby given that a Alaska, specifically Frederick Sound of international and domestic trademark request for amendment of scientific and Stephens Passage as research law. research permit no. 987 submitted by locations; and 6) in the requested Alaska The Office is amending the charter of Dr. Jim Darling, P.O. Box 384, Tofino, locations, the take by harassment of up the Committee to make the Committee British Columbia, Canada VOR 2Z0, has to 500 humpback whales annually, up more diverse and more representative of been granted. to 100 of which may be biopsy sampled trademark owners, trademark ADDRESSES: The amendment and related annually. practitioners and the Intellectual documents are available for review Issuance of this Permit as required by Property community as a whole. The upon written request or by appointment the ESA of 1973 was based on a finding Assistant Secretary will select in the following offices: that the permit: (1) was applied for in representative organizations from Permits Division, Office of Protected good faith; (2) will not operate to the among intellectual property Resources, NMFS, 1315 East-West disadvantage of the endangered species organizations, bar groups, business- Highway, Suite 13130, Silver Spring, which is the subject of this permit; and related organizations and academia, and MD 20910 (301/713–2289); (3) is consistent with the purposes and determine the number of Committee Director, Alaska Region, NMFS, P.O. policies set forth in Section 2 of the members each organization can choose. Box 21668, Juneau, AK 99802–1668 ESA. Allowing each representative (907/586–7221); Dated: June 20, 1996. organization to select its own Director, Southwest Region, NMFS, William Windom, Committee member(s) will ensure that 501 West Ocean Blvd., Suite 4200, Long Acting Chief, Permits and Documentation the Committee represents the concerns Beach, CA 90802–4213 (310/980–4001); Division, Office of Protected Resources, of each member organization. Members and National Marine Fisheries Service. will serve staggered three-year terms. No Coordinator, Pacific Area Office, [FR Doc. 96–16945 Filed 7–2–96; 8:45 am] member may serve more than two NMFS, 2570 Dole Street, Room 106, BILLING CODE 3510±22±F consecutive terms. Honolulu, HI 96822–2396 (808/973– The size of the Committee is being 2987). reduced from its former level of 18 SUPPLEMENTARY INFORMATION: On May Patent and Trademark Office members to 15 members. After 20, 1996, notice was published in the experience with both an 18-member and Federal Register (61 FR 25209) that an Renewal and Amendment of the a 15-member Committee, the smaller amendment of permit No. 987, issued Charter of the Public Advisory number seems to work better. March 1, 1996 (61 FR 9438), had been Committee for Trademark Affairs The Committee Chair will be selected requested by the above-named AGENCY: Patent and Trademark Office, by the Assistant Secretary and will serve individual. The requested amendment Commerce. a one-year term. No individual may be the Chair for more than two consecutive has been granted under the authority of ACTION: Notice. the Marine Mammal Protection Act of terms. 1972, as amended (16 U.S.C. 1361 et SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: seq.), the provisions of paragraphs (d) provisions of the Federal Advisory Lynne G. Beresford at (703) 308–8900, and (e) of § 216.33 of the Regulations Committee Act, 5 U.S.C. App. (1976), by fax at (703) 308–7220, or by mail Governing the Taking and Importing of and after consultation with GSA, it has marked to her attention and addressed Marine Mammals (50 CFR part 216), the been determined that the renewal and to: Endangered Species Act of 1973, as amendment of the charter of the Public Assistant Commissioner for amended (ESA; 16 U.S.C. 1531 et seq.), Advisory Committee for Trademark Trademarks, 2900 Crystal Drive, and the provisions of § 222.25 of the Affairs is in the public interest in Arlington, Virginia 22202–3513. Any regulations governing the taking, connection with the performance of organization which has an interest in importing, and exporting of endangered duties imposed on the Department by the Committee should contact Ms. fish and wildlife (50 CFR parts 222). law. The charter was renewed on May Beresford. A list of interested 34802 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices organizations will be maintained in the SUPPLEMENTARY INFORMATION: particular, the Commission requests Office of the Assistant Commissioner for I. Description of Proposed Rule comments regarding the proposal’s Trademarks. Amendments competitive effects, impact on supervisory oversight of lessees, and Dated: June 26, 1996. By a letter dated April 18, 1996, the Bruce A. Lehman, implementation schedule. CSC submitted proposed rule Copies of the proposed rule Assistant Secretary of Commerce and amendments pursuant to Section Commissioner of Patents and Trademarks. amendments and related materials are 5a(a)(12)(A) of the Commodity Exchange available for inspection at the Office of [FR Doc. 96–16938 Filed 7–2–96; 8:45 am] Act (‘‘Act’’) and Commission Regulation the Secretariat, Commodity Futures BILLING CODE 3510±16±M 1.41(b). The proposed amendments Trading Commission, Three Lafayette would require that lessees soliciting or Centre, 1155 21st Street NW, executing customer orders affiliate as Washington, DC 20581. Copies also may employees or principals of member be obtained through the Office of the COMMODITY FUTURES TRADING 3 COMMISSION firms. Thus, the proposed affiliation Secretariat at the above address or by requirement would prohibit a lessee telephoning (202) 418–5100. Some Coffee, Sugar & Cocoa Exchange, Inc., from soliciting or executing customer materials may be subject to confidential Proposed Rule Amendments to orders unless the lessee serves as an treatment pursuant to 17 CFR 145.5 or Require that Membership Lessees employee or principal of a member firm. 145.9. The Exchange states that the purpose Soliciting or Executing Customer Any person interested in submitting of the proposed affiliation requirement Orders Affiliate with Member Firms written data, views, or arguments on the is ‘‘to [establish] a regulatory structure proposed rule amendments should send AGENCY: Commodity Futures Trading in which a member firm is specifically such comments to Jean A. Webb, Commission. responsible for the lessee’s day to day Secretary, Commodity Futures Trading activities on the Exchange.’’ The ACTION: Notice of proposed rule Commission, Three Lafayette Centre, Exchange asserts that, as mandated by amendments of the Coffee, Sugar & 1155 21st Street NW, Washington, DC the proposal, ‘‘the [member] firm with Cocoa Exchange, Inc., to require that 20581, by the specified date. membership lessees soliciting or which a lessee is affiliated is in the best Issued in Washington, DC, on June 27, executing customer orders affiliate with position to effectively supervise [the 1996. member firms.1 lessee].’’ Alan L. Seifert, In further support of the proposal, the Deputy Director. SUMMARY: The Coffee, Sugar & Cocoa Exchange states that a lessor typically Exchange, Inc., (‘‘CSC’’ or ‘‘Exchange’’) does not employ or have any other [FR Doc. 96–16979 Filed 7–2–96; 8:45 am] has submitted proposed rule relationship with the individual to BILLING CODE 6351±01±P amendments and other materials to whom a membership is leased and, for require that lessees soliciting or that reason, is not in a position to executing customer orders affiliate with effectively oversee a lessee’s trading DEPARTMENT OF DEFENSE member firms.2 Acting pursuant to the activities or practices. The Exchange authority delegated by Commission also notes that a clearing member Office of the Secretary Regulation 140.96, the Division of guarantor of a lessee is not well situated Public Information Collection Trading and Markets has determined to to carry out supervisory responsibilities Requirement Submitted to the Office of publish the CSC proposal for public over lessees because the guarantor is Management and Budget (OMB) for comment. The Division believes that functionally capable of monitoring a Review publication of the CSC proposal is in the lessee’s trading activity only after the public interest and will assist the fact.4 ACTION: Notice. Commission in considering the views of The Exchange states that it proposes interested persons. to defer implementation of the proposal The Department of Defense has DATES: Comments must be received on ‘‘in order to give the affected lessees and submitted to OMB for clearance, the or before August 2, 1996. floor brokerage firms sufficient time to following proposal for collection of make appropriate arrangements and to information under the provisions of the FOR FURTHER INFORMATION CONTACT: become member firms.’’ Thus, the Paperwork Reduction Act (44 U.S.C. Clarence Sanders, Attorney, Division of Exchange proposes to implement the Chapter 35). Trading and Markets, Commodity proposal on September 20, 1996. Title and OMB Control Number: Futures Trading Commission, Three Plebe-Parent Weekend Questionnaire. Lafayette Centre, 1155 21st Street NW, II. Request for Comments Type of Request: New collection. Washington, DC 20581. Telephone: The Commission requests comments Number of Respondents: 1,203. (202) 418–5484. on any aspect of the CSC’s proposed Responses Per Respondent: 1. rule amendments that members of the Annual Responses: 1,203. 1 Rule 1.47 of the Coffee, Sugar & Cocoa public believe may raise issues under Average Burden Per Response: 15 Exchange, Inc., permits a full or associate member to lease his membership to another individual. Rule the Act or Commission regulations. In minutes. 1.47 states, among other things, that ‘‘a Full Annual Burden Hours: 301. Membership so leased shall be utilized for the 3 Under Exchange Rule 1.21, a partnership, Needs and Uses: The information limited purpose of trading in commodity contracts corporation, limited liability company, or other collected by this questionnaire is and an Associate Membership so leased shall be entity is eligible to apply for member firm utilized for the limited purpose of trading in privileges. Applicants for member firm privileges utilized by the U.S. Military Academy to options on or subject to the Rules of the [Coffee, must meet certain qualifying criteria and are subject improve the support provided parents of Sugar & Cocoa Exchange, Inc.,] and in such other to approval by the Board of the Exchange. cadets who attend this weekend contracts as may be specified by the Board from 4 Under CSC Rule 1.14, a clearing member activity. Questions relate to parent time to time.’’ guarantor is obligated to the Exchange and its 2 The CSC proposal includes amended and newly members for the performance, payment, and experiences during the event and their proposed definitions and amendments to existing discharge of all contracts, obligations, and liabilities insights into necessary improvements. Rule 1.47. of the guaranteed member. The answers are used to evaluate Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34803 activities and services provided to Written comments and Frequency: On occasion. parents and to make changes deemed recommendations on the proposed Respondent’s Obligation: Required to advisable. information collection should be sent to obtain or retain benefits. Affected Public: Individuals and Mr. Springer at the Office of OMB Desk Officer: Mr. Edward C. households. Management and Budget, Desk Officer Springer. Frequency: One time. for DoD, Room 10236, New Executive Written comments and Respondent’s Obligation: Voluntary. Office Building, Washington, DC 20503. recommendations on the proposed OMB Desk Officer: Mr. Edward C. DOD Clearance Officer: Mr. William information collection should be sent to Springer. Pearce. Mr. Springer at the Office of Written comments and Written requests for copies of the Management and Budget, Desk Officer recommendations on the proposed information collection proposal should for DoD, Room 10236, New Executive information collection should be sent to be sent to Mr. Pearce, WHS/DIOR, 1215 Office Building, Washington, DC 20503. Mr. Springer at the Office of Jefferson Davis Highway, Suite 1204, DOD Clearance Officer: Mr. William Management and Budget, Desk Officer Arlington, VA 22202–4302. Pearce. for DoD, Room 10236, New Executive Dated: June 28, 1996. Written requests for copies of the Office Building, Washington, DC 20503. Patricia L. Toppings, information collection proposal should DOD Clearance Officer: Mr. William Alternate OSD Federal Register Liaison be sent to Mr. Pearce, WHS/DIOR, 1215 Pearce. Officer, Department of Defense. Jefferson Davis Highway, Suite 1204, Written requests for copies of the [FR Doc. 96–16995 Filed 7–2–96; 8:45 am] Arlington, VA 22202–4302. information collection proposal should BILLING CODE 5000±04±M Dated: June 28, 1996. be sent to Mr. Pearce, WHS/DIOR, 1215 Patricia L. Toppings, Jefferson Davis Highway, Suite 1204, Public Information Collection Arlington, VA 22202–4302. Alternate OSD Federal Register Liaison Requirement Submitted to the Office of Officer, Department of Defense. Dated: June 28, 1996. Management and Budget (OMB) for [FR Doc. 96–16996 Filed 7–2–96; 8:45 am] Patricia L. Toppings, Review BILLING CODE 5000±04±M Alternate OSD Federal Register Liaison ACTION: Notice. Officer, Department of Defense. [FR Doc. 96–16994 Filed 7–2–96; 8:45 am] The Department of Defense has DEPARTMENT OF EDUCATION BILLING CODE 5000±04±M submitted to OMB for clearance, the following proposal for collection of Notice of Proposed Information information under the provisions of the Collection Requests Public Information Collection Paperwork Reduction Act (44 U.S.C. Requirement Submitted to the Office of Chapter 35). AGENCY: Department of Education. Management and Budget (OMB) for Title and OMB Control Number: ACTION: Review Proposed collection; comment Application for Uniformed Services request. ACTION: Notice. Identification Card—DEERS Enrollment; SUMMARY: The Director, Information DD Form 1172; OMB Number 0704– The Department of Defense has Resources Group, invites comments on 0020 the proposed information collection submitted to OMB for clearance, the Type of Request: Revision. following proposal for collection of Number of Respondents: 2,459,785. requests as required by the Paperwork information under the provisions of the Responses Per Respondent: 1. Reduction Act of 1995. Paperwork Reduction Act (44 U.S.C. Annual Responses: 2,459,785. DATES: Interested persons are invited to Chapter 35). Average Burden Per Response: 10 submit comments on or before Title and OMB Control Number: minutes. September 3, 1996. Reception Day Questionnaire. Annual Burden Hours: 410,784. ADDRESSES: Written comments and Needs and Uses: The information Type of Request: New collection. requests for copies of the proposed Number of Respondents: 1,343. collected hereby, is used to verify the information collection requests should Responses per Respondent: 1. entitlement of members of the be addressed to Patrick J. Sherrill, Annual Responses: 1,343. Uniformed Services, their spouses and Department of Education, 600 Average Burden Per Response: 15 dependents, and other authorized Independence Avenue, SW, Room 5624, minutes. individuals to certain benefits and Regional Office Building 3, Washington, Annual Burden Hours: 336. privileges. These privileges include DC 20202–4651. Needs and Uses: The information health care; use of commissary; base collected by this questionnaire is exchange; and morale, welfare and FOR FURTHER INFORMATION CONTACT: utilized by the U.S. Military Academy to recreation facilities. The information Patrick J. Sherrill (202) 708–8196. improve the support provided parents of provides the necessary data to Individuals who use a cadets who attend this activity. determine eligibility to these benefits telecommunications device for the deaf Questions relate to parent experiences and privileges, and to provide eligible (TDD) may call the Federal Information during the event and their insights into individuals with an authorization/ Relay Service (FIRS) at 1–800–877–8339 necessary improvements. The answers identification card therefor. As well as between 8 a.m. and 8 p.m., Eastern time, are used to evaluate activities and to maintain a centralized database of Monday through Friday. services provided to parents and to eligible individuals. The information SUPPLEMENTARY INFORMATION: Section make changes deemed advisable. may also be used by the Uniformed 3506 of the Paperwork Reduction Act of Affected Public: Individuals and Services, military departments, and 1995 (44 U. S. C. Chapter 35) requires households. Defense Agencies to issue their that the Office of Management and Frequency: One time. respective non-benefit identification Budget (OMB) provide interested Respondent’s Obligation: Voluntary. cards. Federal agencies and the public an early OMB Desk Officer: Mr. Edward C. Affected Public: Individuals or opportunity to comment on information Springer. households. collection requests. OMB may amend or 34804 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices waive the requirement for public children and to conduct the base year (Algonquin), 1284 Soldiers Field Road, consultation to the extent that public survey and assessment activities. Boston, Massachusetts 02135, filed in participation in the approval process Kindergarten enrollee cohorts are Docket No. CP96–591–000 a request would defeat the purpose of the involved. pursuant to Sections 157.205 and information collection, violate State or Office of Postsecondary Education 157.211 of the Commission’s Federal law, or substantially interfere Regulations under the National Gas Act with any agency’s ability to perform its Type of Review: Revision. (18 CFR 157.205 and 157.211) for statutory obligations. The Director of the Title: Student Aid Report (SAR). authorization to construct and operate a Information Resources Group publishes Frequency: Annually. tap valve interconnecting its existing T- Affected Public: Individuals or this notice containing proposed system in Milford, Massachusetts with households. information collection requests prior to facilities constructed by Ball-Foster Annual Reporting and Recordkeeping submission of these requests to OMB. Glass Container Co., L.L.C. (Ball-Foster), Each proposed information collection, Hour Burden: under the blanket certificate issued in grouped by office, contains the Responses: 9,506,891 Docket No. CP87–317–000, all as more following: (1) Type of review requested, Burden Hours: 4,663,316 fully set forth in the request which is on e.g., new, revision, extension, existing Abstract: Used to notify applicants of or reinstatement; (2) Title; (3) Summary file with the Commission and open to their eligibility to receive Federal public inspection. of the collection; (4) Description of the financial aid. The form is submitted by need for, and proposed use of, the the applicant to the institution of their Algonquin states that the proposed information; (5) Respondents and choice. delivery facilities will consist of a tap, frequency of collection; and (6) meter and related data acquisition Reporting and/or Recordkeeping Office of Management system facilities which will be installed burden. OMB invites public comment at Type of Review: New. by Algonquin within the existing right- the address specified above. Copies of Title: Education Department General of-way. Algonquin notes that Ball-Foster the requests are available from Patrick J. Administrative Regulations for Grants, will construct a regulator station and Sherrill at the address specified above. 34 CFR Parts 74, 75, 76 and 80. miscellaneous piping on land it owns in The Department of Education is Frequency: On Occasion. Milford, which is adjacent to especially interested in public comment Affected Public: Businesses or other Algonquin’s right-of-way. Algonquin addressing the following issues: (1) is for-profit; Not-for-profit institutions; asserts that the proposed addition of the this collection necessary to the proper State, local or Tribal Government, SEAs proposed facilities will have no impact functions of the Department, (2) will or LEAs. on its system-wide peak day deliveries this information be processed and used Reporting and Recordkeeping Hour because the deliveries to Ball-Foster will in a timely manner, (3) is the estimate Burden of burden accurate, (4) how might the be interruptible, pursuant to Responses: 30,000 Department enhance the quality, utility, Algonquin’s Rate Schedule AIT–1. Burden Hours: 690,000 and clarity of the information to be Algonquin estimates the cost of facilities collected, and (5) how might the Abstract: These collections are to be constructed by Algonquin will be Department minimize the burden of this necessary for the award and $81.450. Ball-Foster has agreed to collection on the respondents, including administration of discretionary and reimburse Algonquin for constructing through the use of information formula grants. The collections specific these facilities. Algonquin notes that technology. to ED forms are part of the reinvented Ball-Foster will pay for facilities it will process ED uses for awarding multi-year construct. Dated: June 27, 1996. discretionary grants. The new process Gloria Parker, substantially increases flexibility of the Any person or the Commission’s staff Director, Information Resources Group. grant process by enabling all years of may, within 45 days after issuance of multi-year budgets to be negotiated on the instant notice by the Commission, Office of Educational Research and file pursuant to Rule 214 of the Improvement at the time of initial award, and to submit only a performance report Commission’s Procedural Rules (18 CFR Type of Review: Revision. instead of an entire noncompeting 385.214) a motion to intervene or notice Title: Early Childhood Longitudinal continuation (NCC) package to receive of intervention and pursuant to Section Survey. funding. 157.205 of the Regulations under the Frequency: One or two times. Natural Gas Act (18 CFR 157.205) a Affected Public: Individuals or [FR Doc. 96–16939 Filed 7–2–96; 8:45 am] protest to the request. If no protest is households; Not-for-profit institutions; BILLING CODE 4000±01±U filed within the time allowed therefor, State, local or Tribal Government, SEAs or LEAs. the proposed activity shall be deemed authorized effective the day after the Reporting and Recordkeeping Hour DEPARTMENT OF ENERGY Burden: time allowed for filing a protest. If a Responses: 8,170 Federal Energy Regulatory protest is filed and not withdrawn Burden Hours: 7,500. Commission within 30 days after the time allowed Abstract: The National Center for for filing a protest, the instant request [Docket No. CP96±591±000] Education Statistics requests a 3-year shall be treated as an application for authorization pursuant to Section 7 of generic clearance from the Office of Algonquin Gas Transmission; Notice the Natural Gas Act. Management and Budget to conduct of Request Under Blanket developmental and design activities Authorization Lois D. Cashell, (i.e., field test) that will culminate in Secretary. instruments that measure cognitive June 27, 1996. [FR Doc. 96–16927 Filed 7–2–96; 8:45 am] outcomes as well as the factors that Take notice that on June 21, 1996, BILLING CODE 6717±01±M affect learning outcomes in young Algonquin Gas Transmission Company Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34805

[Docket No. CP96±593±000] Transmission) filed its FERC Gas Tariff, with reference to said application Original Volume No. 1, on electronic should on or before July 18, 1996, file Columbia Gas Transmission media. with the Federal Energy Regulatory Corporation; Notice of Request Under KO Transmission states that the Commission, Washington, D.C. 20426, a Blanket Authorization purpose of the filing is to comply with motion to intervene or a protest in June 27, 1996. the Letter Order issued by the Director accordance with the requirements of the Take notice that on June 24, 1996, of the Office of Pipeline Regulation on Commission’s Rules of Practice and Columbia Gas Transmission (Columbia), May 21, 1996, in the above-captioned Procedure (18 CFR 385.214 or 385.211) 1700 MacCorkle Avenue, S.E., docket. and the Regulations under the Natural Charleston, West Virginia 25314–1599, Any person desiring to protest with Gas Act (18 CFR 157.10). All protests filed a request with the Commission in said filing should file a protest with the filed with the Commission will be Docket No. CP96–593–000, pursuant to Federal Energy Regulatory Commission, considered by it in determining the Sections 157.205, and 157.211 of the 888 First Street, N.E., Washington, D.C. appropriate action to be taken but will Commission’s Regulations under the 20426, in accordance with the not serve to make the protestants parties Natural Gas Act (NGA) for authorization requirements of the Commission’s Rules to the proceeding. Any person wishing to establish an additional point of of Practice and Procedure (18 CFR to become a party to a proceeding or to delivery for transportation service to Section 385.211). All such protest must participate as a party in any hearing Pennzoil Products Company (Pennzoil) be filed as provided in Section 154.210 therein must file a motion to intervene authorized in blanket certificate issued of the Commission’s Regulations. All in accordance with the Commission’s in Docket No. CP83–76–000), all as protests filed with Commission will be Rules. more fully set forth in the request on file considered by it in determining the Take further notice that, pursuant to with the Commission and open to appropriate action to be taken but will the authority contained in and subject to public inspection. not serve to make the protestants parties the jurisdiction conferred upon the Columbia proposes to construct and to the proceeding. Copies of this filing Federal Energy Regulatory Commission operate an addition point of delivery for are on file with the Commission and are by Sections 7 and 15 of the Natural Gas interruptible transportation service to available for public inspection in the Act and the Commission’s Rules of Pennzoil in Boone County, West Public Reference Room. Practice and Procedure, a hearing will Virginia. Columbia states that the Lois D. Cashell, be held without further notice before the additional point of delivery has been Secretary. Commission or its designee on this requested by Pennzoil for transportation [FR Doc. 96–16929 Filed 7–2–96; 8:45 am] application if no motion to intervene is filed within the time required herein, if service for residential service. The cost BILLING CODE 6717±01±M to establish the additional point of the Commission on its own review of delivery is estimated at $11,452. the matter finds that permission and Columbia reports that Pennzoil has [Docket No. CP96±590±000] approval for the proposed abandonment agreed to reimburse Columbia for the are required by the public convenience Northern Natural Gas Company; Notice total cost of the delivery point. and necessity. If a motion for leave to Any person or the Commission’s staff of Application intervene is timely filed, or if the may, within 45 days after the June 27, 1996. Commission on its own motion believes Commission has issued this notice, file Take notice that on June 21, 1996, that a formal hearing is required, further pursuant to Rule 214 of the Northern Natural Gas Company notice of such hearing will be duly Commission’s Procedural Rules (18 CFR (Northern), 1111 South 103rd Street, given. 385.214) a motion to intervene or notice Omaha, Nebraska 68124, filed in Docket Under the procedure herein provided of intervention and pursuant to Section No. CP96–590–000 an application for, unless otherwise advised, it will be 157.205 of the Regulations under the pursuant to Section 7(b) of the Natural unnecessary for Northern to appear or NGA (18 CFR 157.205) a protest to the Gas Act for permission and approval to be represented at the hearing. request. If no protest is filed within the abandon certain pipeline facilities to Lois D. Cashell, allowed time, the proposed activity West Texas Gas, Inc. (WTG), all as more Secretary. shall be deemed to be authorized fully set forth in the application which [FR Doc. 96–16930 Filed 7–2–96; 8:45 am] effective the day after the time allowed is on file with the Commission and open BILLING CODE 6717±01±M for filing a protest. If a protest is filed to public inspection. and not withdrawn within 30 days after Northern proposes to abandon, by sale [Docket No. CP96±577±000] the time allowed for filing a protest, the to WTG, approximately 14 miles of 6- instant request shall be treated as an inch pipeline and appurtenant facilities Plant Owners v. Continental Natural application for authorization pursuant located in Hansford and Hutchinson Gas, Inc.; Notice of Complaint and to Section 7 of the NGA. Counties, Texas, to be used by WTG as Motion for Show Cause Order Lois D. Cashell, non-jurisdictional gathering facilities. Secretary. Northern states that in instances June 27, 1996. [FR Doc. 96–16928 Filed 7–2–96; 8:45 am] where the primary term of any Take notice that on June 17, 1996, BILLING CODE 6717±01±M transportation service agreement using Plant Owners, identified in the attached the subject facilities has not expired, to appendix, filed in Docket No. CP96– the extent necessary, WTG would 577–000, pursuant to Rules 206 and 212 [Docket No. GT96±69±000] perform a comparable, but non- of the Commission’s Rules of Practice KO Transmission Company; Notice of jurisdictional, service on terms and and Procedure (18 CFR 385.206, Compliance Filing conditions to be mutually agreed upon 385.212), a complaint and motion for an by WTG and the respective party for the order to show cause against Continental June 27, 1996. remainder of the primary term. Natural Gas, Inc. (CNG), alleging that Take notice that on June 21, 1996, KO Any person desiring to be heard or CNG has constructed and is operating Transmission Company (KO any person desiring to make any protest certain facilities that are subject to the 34806 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Natural Gas Act (NGA) without first complaint against CNG at Docket No. 2810, Tower II, Dallas, TX 75201, 0 (214) obtaining authorization for these CP96–495–000 on the basis that certain 965–8766, Contact: James H. Bond. facilities pursuant to the certification proposed pipeline facilities upstream of Bond Operating Company, 325 North St. procedures of NGA § 7(c). Plant owners Paul, Suite 2810, Tower II, Dallas, TX CNG’s Beaver plant should be properly 75201, (214) 965–8766, Contact: James H. own the Laverne processing plant that is functionalized as transmission facilities Bond. operated by Conoco Inc. The attorney subject to the NGA. Plant Owners have George M. Close, Trustee, Liberty Tower, 100 for Plant Owners is Bruce A. Connell, intervened and filed in support of North Broadway, Suite 3113, Oklahoma Esq., 600 N. Dairy Ashford, ML–1034, GPM’s complaint. Plant Owners assert City, OK 73102–8606, (405) 236–4388. Houston, Texas 77079. Plant Owners’ that, should GPM’s position be Van Oil Co. 1730 Commerce Building, Ft. complaint is on file with the sustained by the Commission in that Worth, TX 76102, (817) 332–3757, Contact: Commission and open for public proceeding, Plant Owners’ position in J.H. Van Zant. inspection. Madelon L. Bradshaw, 2120 Ridgmar the instant filing should be affirmed a Boulevard, Suite 12, Fort Worth, TX 76116, Plant Owners state that the facilities fortiori. Plant Owners believe it would (817) 732–4252, Contact: Larry O. Hulsey. at issue consist of approximately ten be inconsistent with any previous American Innovative Royalty Systems, P.O. miles of 8-inch pipeline through which application of the modified primary Box 717, Pointblank, TX 77364, (409) 377– high pressure natural gas flows between function test to have gathering facilities 2833, Contact: Bennett Watts, Owner. the tailgate of CNG’s Beaver processing downstream of mainline transmission Thomas D. Cabot, Deceased, Thomas D. plant and the mainline transmission facilities. Cabot, Jr., Executor, Cabot Corporation, 75 facilities of ANR Pipeline Company State Street, Boston, MA 02109, (617) 342– (ANR) in Beaver County, Oklahoma. Plant Owners ask that CNG be 6006, Contact: Joan Whelton. Plant Owners assert that these facilities required to show cause as to why the Chevron U.S.A. Inc., (Warren Petroleum subject line should not be considered to Company is a division of Chevron U.S.A. transport pipeline quality, processed, Inc.), Room 2260, 1301 McKinney Street, residue gas from the processing plant be performing a jurisdictional transmission activity for which a Houston, TX 77010, (713) 754–3415, into interstate markets. The line is Contact: Thomas D. Oliver, Senior Counsel. described as having no apparent well certificate under NGA § 7(c) should Warren Petroleum Company, 1350 South connects or gathering line interconnects. have been obtained, and pending Boulder, Tulsa, OK 74119, (918) 560–4405, It is stated that some Plant Owners satisfaction of the Show Cause order, Contact: G.M. Spies. produce natural gas behind CNG’s CNG be precluded from connecting Lyons Petroleum Reserves, Incorporated, Beaver Plant that is gathered by Plant Owners’ gas from the Laverne 14340 Torrey Chase Boulevard, Suite 270, gathering system to CNG’s Beaver plant. Houston, TX 77014–1021, (713) 893–8540, Colorado Interstate Gas Company, not Contact: Michael J. Nicol. ANR. Moreover, CNG has proposed to Any person desiring to be heard or to Eagle Ridge Oil & Gas, Incorporated, 8517 build connecting lines into the Laverne make any protest with reference to the South 77th East Place, Tulsa, OK 74133– gathering area, where Plant Owners both complaint should file with the Federal 6622, (918) 494–8928, Contact: Mark P. produce and purchase natural gas. Plant Energy Regulatory Commission, Godsey, President. Owners state that ANR has filed for Washington, D.C. 20426, a motion to Gallaspy Oil Properties, Ltd., P.O. Box 20472, authorization at Docket No. CP96–372– intervene or a protest in accordance Oklahoma City, OK 73156, (405) 842–5037, Contact: William C. Gallaspy. 000 to construct and operate an with the requirements of the interconnect between ANR’s facilities Kennedy & Mitchell, Incorporated, P.O. Box Commission’s Rules of Practice and 612007, Dallas, TX 75261–2007, (214) 753– appurtenant to Plant Owners’ facilities Procedure (18 CFR 385.214 or 385.211). 6900, Contact: Michael R. Childers, Vice and CNG’s Beaver plant facilities. Plant All such motions or protests, and a fully President. Owners are concerned that the responsive answer of CNG to the Kenneth W. Cory, Ltd., 6565 West Loop continuation of CNG’s operation of complaint, should be filed on or before South, Suite 780, Bellaire, TX 77401–3518, jurisdictional facilities, without the July 29, 1996. All protests filed with the (713) 661–5911, Contact: Pat Chesnut. protections provided by the NGA, will Commission will be considered by it in *Locin Oil Corporation, 14340 Torrey Chase adversely affect their rights and Boulevard, Suite 270, Houston, TX 77014– determining the appropriate action to be 1021, (713) 893–8540, Contact: Michael J. opportunities to gain non- taken but will not serve to make the discriminatory, open access to interstate Nicol. protestants parties to the proceeding. Southwest Oil Industries, 7557 Rambler markets through the interstate pipeline Any person wishing to become a party Road, Suite 1100, Dallas, TX 75231, (214) grid. Plant Owners believe that, based to a proceeding or to participate as a 696–7705, Contact: Bobby R. McAlpin. on recent Commission precedent, the party in any hearing therein must file a Trident, NGL, 13430 Northwest Freeway, facilities at issue clearly perform a motion to intervene in accordance with Suite 1200, Houston, TX 77040, Contact: transmission function, as opposed to a the Commission’s Rules. Glenn Etienne, (713) 507–6830. Pine Crest Preparatory School Incorporated, gathering or production function. Lois D. Cashell, Plant Owners allege that CNG’s 1501 Northeast 62nd Street, Fort control of the line as an unregulated Secretary. Lauderdale, FL 3334, (954) 492–4116, Contact: Kenneth Kone. operator would be anti-competitive Plant owners Statex Petroleum Incorporated, 1801 Royal since Plant Owners compete with CNG Robert W. Jones Jr., Resources Ventures ’73, Lane, Suite 110, Dallas, TX 75229, (214) for purchasing, processing and interstate 3501 Barclay, Amarillo, TX 79109, (806) 869–2800, Contact: Dhar Carman. marketing of natural gas. It is stated that 352–4374. Bernadette G. Wolfswinkel, 5861 South denial of Plant Owners’ request would Joanne H. Nor, 6323⁄4 North Doheny Drive, Kyrene Road #1, Tempe, AZ 85283, (602) place Plant Owners in an untenable Los Angeles, CA 90069, (310) 278–9025. 831–2000, Contact: Jim Gillespie. competitive position because CNG AnSon Company, P.O. 24060, Oklahoma Earthtime, Incorporated, P.O. Box 164291, would control Plant Owners’ access to City, OK 73124, (405) 528–0525, Contact: Austin, TX 78716–4291, (512) 306–9039, Daniel W. Fischer. interstate gas markets and would be able Contact: Steven R. Lockwood. Guest Petroleum, Incorporated, P.O. Box 805, Alan L. Lamb, 11900 North Penn, Suite C– to charge an unregulated rate for the 1600 SE 19th, Suite #204, Edmond, OK 1, Oklahoma City, OK 73120, (405) 755– same service currently provided, i.e., 73083–0805, (405) 341–8698, Contact: 2233, Contact: Alan L. Lamb. access to ANR’s mainline system. David A. Guest. C&L Processors Partnership, c/o Conoco Inc., Further, Plant Owners state that GPM Bond Operating Company, Agent, Bond 600 North Dairy Ashford, Houston, TX Gas Corporation (GPM) filed a Estate Properties, 325 North St. Paul, Suite 77079–2197, Contact: Patrick L. Meyer. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34807

*Locin Oil Corporation is an affiliated inspection in the Public Reference application proposes to shorten the company to Lyons Petroleum Reserves, Inc., Room. bypass reach of the Sugar River by 650 but is not an owner in the Laverne Plant. Lois D. Cashell, feet by relocating the proposed dam in [FR Doc. 96–16931 Filed 7–2–96; 8:45 am] Secretary. a downstream direction and replacing BILLING CODE 6717±01±M [FR Doc. 96–16932 Filed 7–2–96; 8:45 am] an open canal with a seven-foot- BILLING CODE 6717±01±M diameter buried steel penstock. The FEA finds that approval of the amendment application would not [Docket No. RP96±218±002] [Docket No. RP96±284±000] constitute a major federal action significantly affecting the quality of the Texas Eastern Transmission Viking Gas Transmission Company; human environment. The Sugar River II Corporation; Notice of Proposed Notice of Request for Waiver Changes in FERC Gas Tariff Project is located on the Sugar River, in June 27, 1996. Sullivan County, in Newport, New June 27, 1996. Take notice that on June 21, 1996, Hampshire. Take notice that on June 25, 1996, Viking Gas Transmission Company The FEA was prepared by staff in the Texas Eastern Transmission Corporation (Viking) tendered for filing a request for Office of Hydropower Licensing, (Texas Eastern) tendered for filing as a waiver of the Commission’s Order No. Federal Energy Regulatory Commission. part of its FERC Gas Tariff, Sixth 563 requirement to provide electronic Copies of the FEA can be viewed at the Revised Volume No. 1, the following file downloading according to standards Commission’s Reference and revised tariff sheet, to become effective for Electronic Data Interchange. Information Center, Room 2A, 888 First July 26, 1996: Viking states that copies of the filing Street, N.E., Washington, D.C. 20426. have been mailed to all of its Copies can also be obtained by calling First Revised Sheet No. 741 jurisdictional customers and to affected the project manager, Mr. Joseph C. state regulatory commissions. Texas Eastern states that the purpose Adamson at (202) 219–1040. Any person desiring to be head or to of this filing is to insert the words, Lois D. Cashell, protest said filing should file a motion Secretary. ‘‘Unless prohibited by law,’’ at the to intervene or protest with the Federal [FR Doc. 96–16926 Filed 7–2–96; 8:45 am] beginning of the last sentence of the Energy Regulatory Commission, 888 CRP election form for Rate Schedule First Street, N.E., Washington, DC BILLING CODE 6717±01±M SCT contained in Texas Eastern’s FERC 20426, in accordance with rules 211 and Gas Tariff. On June 13, 1996, Texas 214 of the Commission’s Rules of Office of Hearings and Appeals Eastern made a filing (June 13 Practice and Procedure. All such Compliance Filing) in compliance with motions or protests should be filed on Notice of Cases Filed; Week of March the Commission’s Order issued May 29, or before July 8, 1996. Protests will be 11 Through March 15, 1996 1996, in Docket No. RP96–218–000 considered by the Commission in (May 29 Order). Texas Eastern agreed in determining the appropriate action to be During the Week of March 11 through the June 13 Compliance Filing to make taken, but will not serve to make March 15, 1996, the appeals and a revision to the CRP Election form, protestants parties to the proceeding. applications for exception or other relief Exhibit D, to Rate Schedule SCT. The Any person wishing to become a party listed in the Appendix to this Notice agreement was in response to Ordering must file a motion to intervene. Copies were filed with the Office of Hearings Paragraph (E) of the May 29 Order. of this filing are on file with the and Appeals of the Department of Texas Eastern states that copies of the Commission and are available for public Energy. filing were served on firm customers of inspection. Under DOE procedural regulations, 10 Texas Eastern and interested state Lois D. Cashell, CFR Part 205, any person who will be aggrieved by the DOE action sought in commissions. Secretary. these cases may file written comments Any person desiring to protect this [FR Doc. 96–16933 Filed 7–2–96; 8:45 am] on the application within ten days of filing should file a protest with the BILLING CODE 6717±01±M service of notice, as prescribed in the Federal Energy Regulatory Commission, procedural regulations. For purposes of 888 First Street, N.E., Washington, DC the regulations, the date of service of 20426, in accordance with Section [Project No. 10934±003; New Hampshire] notice is deemed to be the date of 385.211 of the Commission’s Rules and William B. Ruger, Jr.; Notice of publication of this Notice or the date of Regulations. All such protests must be Availability of Final Environmental receipt by an aggrieved person of actual filed as provided in Section 154.210 of Assessment notice, whichever occurs first. All such the Commission’s Regulations. Protests comments shall be filed with the Office will be considered by the Commission June 27, 1996. of Hearings and Appeals, Department of in determining the appropriate action to A final environmental assessment Energy, Washington, D.C. 20585. be taken, but will not serve to make (FEA) is available for public review. The protestants parties to the proceeding. FEA reviewed the application for Dated: June 24, 1996. Copies of this filing are on file with the amendment for the Sugar River II George B. Breznay, Commission and are available for public Project (FERC No. 10934). The Director, Office of Hearings and Appeals. 34808 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of March 11 through March 15, 1996]

Name and location of appli- Date cant Case No. Type of submission

3/12/96 Lakes Gas Company, For- VEE±0018 Exception to the Reporting Requirements. If granted: Lakes Gas Company est Lake, Minnesota. would not be required to file Form EIA±782B, Reseller's/Retailer's Monthly Pe- troleum Product Sales Report. 3/13/96 A. Victorian, Nottingham, VFA±0142 Appeal of an Information Request Denial. If granted: The November 18, 1991, England. Freedom of Information Request Denial issued by the Office of Declassification would be rescinded, and A. Victorian would receive access to certain Depart- ment of Energy Information. 3/13/96 Yates Gulf #1 and #2, Alex- RR300±276 Request for Modification/Rescission in the Gulf Oil Refund Proceeding. If grant- andria, Virginia. ed: The Dismissal of Case Nos. RF300-17883 and RF300-17884 issued to Yates Gulf #1 and #2 would be modified regarding the firm's application for re- fund submitted in the Gulf Oil Refund Proceeding. 3/14/96 Petrucelly & Nadler, P.C., VFA±0143 Appeal of an Information Request Denial. If granted: The February 8, 1996 Free- Boston, Massachusetts. dom of Information Request Denial issued by Oak Ridge Operations Office would be rescinded, and Petrucelly & Nadler, P.C. would receive access to certain DOE information. 3/15/96 Hiram Castilleja Service RF300±278 Request for Modification/Rescission in the Gulf Oil Refund Proceeding. If grant- Station, San Diego, Cali- ed: The March 7, 1996 Dismissal of Case No. RF300±15283 issued to Hiram fornia. Castilleja Service Station would be modified regarding the firm's application for refund submitted in the Gulf Oil Refund Proceeding.

[FR Doc. 96–16982 Filed 7–02–96; 8:45 am] listed in the Appendix to this Notice the regulations, the date of service of BILLING CODE 6450±01±P were filed with the Office of Hearings notice is deemed to be the date of and Appeals of the Department of publication of this Notice or the date of Energy. receipt by an aggrieved person of actual Office of Hearings and Appeals Under DOE procedural regulations, 10 notice, whichever occurs first. All such CFR Part 205, any person who will be comments shall be filed with the Office Notice of Cases Files; Week of March of Hearings and Appeals, Department of 18 through March 22, 1996 aggrieved by the DOE action sought in these cases may file written comments Energy, Washington, D.C. 20585. During the Week of March 18 through on the application within ten days of Dated: June 24, 1996. March 22, 1996, the appeals and service of notice, as prescribed in the George B. Breznay, applications for exception or other relief procedural regulations. For purposes of Director, Office of Hearings and Appeals.

LIST OF CASES RECEIVED BY THE 0FFICE OF HEARINGS AND APPEALS [Week of March 18 through March 22, 1996]

Date Name and location of applicant Case no. Type of submission

Mar. 18, 1996 Ron's Gulf, New Carlisle, OH ...... RR300±280 Request for Modification/Rescission in the Gulf Oil Refund Proceeding. If granted: The July 30, 1991 Dismissal of Case No. RF300±16743 issued to Ron's Gulf would be modified regarding the firm's application for refund sub- mitted in the Gulf Oil Refund Proceeding. Mar. 19, 1996 Hill Service Station Savannah, GA ...... RR300±281 Request for Modification/Rescission in the Gulf Oil Refund Proceeding If granted: The June 9, 1992 Dismissal of Case No. RF300±16739 issued to Hill Service Station would be modified regarding the firm's application for re- fund submitted in the Gulf Oil Refund Proceeding. Mar. 19, 1996 Radiant Oil Co., Miami, FL ...... RR300±279 Request for Modification/Rescission in the Gulf Oil Refund Proceeding. If granted: The February 5, 1996 Dismissal of Case No. RF300±19988 issued to Radiant Oil Com- pany would be modified regarding the firm's application for refund submitted in the Gulf Oil Refund Proceeding. Mar. 20, 1996 R&R Distributing Co., Inc. Columbia, TN ..... VEE±0019 Exception to the Reporting Requirements. If granted: R&R Distributing Co., Inc. would not be required to file Form EIA±782A, Refiner's/Gas Plant Operator's Monthly Pe- troleum Product Sales Report. Mar. 21, 1996 Albuquerque Operations Office Albuquer- VSA±0061 Request for Review of Opinion under 10 C.F.R. Part 710. que, NM. If granted: The February 13, 1996 Opinion of the Office of Hearings and Appeals, Case No. VSO±0061, would be reviewed at the request of an individual employed at Albuquerque Operations Office. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34809

[FR Doc. 96–16983 Filed 7–02–96; 8:45 am] 15. The Federal Register Notice Please refer to EPA ICR No. 1786.01 in BILLING CODE 6450±01±P required under 5 CFR 1320.8(d), any correspondence. soliciting comments on this collection Ms. Sandy Farmer, U.S. Environmental of information was published on 02/09/ Protection Agency, OPPE Regulatory ENVIRONMENTAL PROTECTION 96 (61 FR 4992–4993); three (3) sets of Information Division (2137), 401 M AGENCY comments were received. Street, SW, Washington, DC 20460. Burden Statement: The annual public and [FRL±5531±8] reporting and recordkeeping burden for Office of Information and Regulatory Agency Information Collection this collection of information is Affairs, Office of Management and Activities: Submission for OMB estimated to average 47 minutes per Budget, Attention: Desk Officer for Review; Comment Request; Auto response. Burden means the total time, EPA 725 17th Street, NW, Refinishing Industry Solvent-Use effort, or financial resources expended Washington, DC 20503. Survey (ARSUS) by persons to generate, maintain, retain, Dated: June 27, 1996. or disclose or provide information to or Richard Westlund, AGENCY: Environmental Protection for a Federal agency. This includes the Acting Director, Regulatory Information Agency (EPA). time needed to review instructions; Division. develop, acquire, install, and utilize ACTION: Notice. [FR Doc. 96–17025 Filed 7–2–96; 8:45 am] technology and systems for the purposes SUMMARY: In compliance with the of collecting, validating, and verifying BILLING CODE 6560±50±P Paperwork Reduction Act (44 U.S.C. information, processing and 3501 et seq.), this notice announces that maintaining information, and disclosing [FRL±5531±7] the following Information Collection and providing information; adjust the Request (ICR) has been forwarded to the existing ways to comply with any Agency Information Collection Office of Management and Budget previously applicable instructions and Activities: Submission for OMB (OMB) for review and approval: Auto requirements; train personnel to be able Review; Comment Request; the 1997 Refinishing Industry Solvent-Use to respond to a collection of Hazardous Waste Report (Biennial Survey (ARSUS) EPA ICR No. 1786.01. information; search data sources; Report) Under the Resource The ICR describes the nature of the complete and review the collection of Conservation and Recovery Act information collection and its expected information; and transmit or otherwise (RCRA) burden and cost; where appropriate, it disclose the information. AGENCY: includes the actual data collection Environmental Protection Respondents/Affected Entities: Agency (EPA). instrument. Entities potentially affected by this ACTION: Notice. DATES: Comments must be submitted on action are those which are the owners or before August 2, 1996. and operators of the facilities that are SUMMARY: In compliance with the FOR FURTHER INFORMATION OR A COPY classified in the following standard Paperwork Reduction Act (44 U.S.C. CALL: Sandy Farmer at EPA, (202) 260– industrial classification (SIC) code: 3501 et seq.), this notice announces that 2740, and refer to EPA ICR No. 1786.01. SIC 7532—Top, Body, and Upholstery the following Information Collection SUPPLEMENTARY INFORMATION: Repair Shops and Paint Shops, as well Request (ICR) has been forwarded to the Title: Auto Refinishing Industry as the owners and operators of the Office of Management and Budget Solvent-Use Survey EPA ICR No. facilities that are classified with the (OMB) for review and approval: 1997 1786.01. This is a new collection. SICs listed below, and that use SIC 7532 Hazardous Waste Report, OMB No. Abstract: This information collection (Top, Body, and Upholstery Repair 2050–0024, expiring August 31, 1996. is a voluntary one-time survey of Shops and Paint Shops) as an auxiliary The ICR describes the nature of the automobile refinishers requested by the classifier: information collection and its expected Emissions Characterization and 5012—Wholesale: Automobiles and burden and cost; where appropriate, it Prevention Branch (ECPB) of the Other Motor Vehicles includes the actual data collection Environmental Protection Agency’s 5511—Motor Vehicle Dealers (New and instrument. (EPA) Air Pollution and Prevention Used) DATES: Comments must be submitted on Control Division (APPCD) to support the 5521—Motor Vehicle Dealers (Used or before August 2, 1996. overall EPA program to investigate the Only) FOR FURTHER INFORMATION OR A COPY emissions of ozone precursors both 7538—General Automotive Repair CALL: Sandy Farmer at EPA, (202) 260– nationally and at the metropolitan level. Shops 2740, and refer to EPA ICR No. 0976.08. Data collected are used to validate 7539—Automotive Repair Shops, Not existing and proposed model-based Elsewhere Classified SUPPLEMENTARY INFORMATION: estimates of emissions, develop Estimated Number of Respondents: Title: 1997 Hazardous Waste Report statistically valid estimates of 6,000. (Biennial Report) Under the Resource precursors usage in the auto refinishing Frequency of Response: once. Conservation and Recovery Act, OMB industry, and investigate functional Estimated Total Annual Hour Burden: Control No. 2050–0024; EPA ICR No. relationships between emissions and 3,525 hours. 0976.08. This is a request for extension factors that may be useful predictors of Estimated Total Annualized Cost of a currently approved collection. emissions. Burden: 0. Abstract: Generators and owners/ An agency may not conduct or Send comments on the Agency’s need operators of hazardous waste sponsor, and a person is not required to for this information, the accuracy of the management facilities must compile, respond to, a collection of information provided burden estimates, and any under RCRA sections 3002 and 3004, a unless it displays a currently valid OMB suggested methods for minimizing biennial report of information on control number. The OMB control respondent burden, including through location, amount, and description of numbers for EPA’s regulations are listed the use of automated collection hazardous waste handled. EPA uses the in 40 CFR Part 9 and 48 CFR Chapter techniques to the following addresses. information to define the population of 34810 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices the regulated community and to expand technology and systems for the purposes Stationary Sources—Lime its database of information for of collecting, validating, and verifying Manufacturing Plants—NSPS Subpart rulemaking and compliance with information, processing and HH) described below has been statutory requirements. An agency may maintaining information, and disclosing forwarded to the Office of Management not conduct or sponsor, and a person is and providing information; adjust the and Budget (OMB) for review and not required to respond to, a collection existing ways to comply with any comment. The ICR describes the nature of information unless it displays a previously applicable instructions and of the information collection and its currently valid OMB control number. requirements; train personnel to be able expected burden and cost; where The OMB control numbers for EPA’s to respond to a collection of appropriate, it includes the actual data regulations are listed in 40 CFR part 9 information; search data sources; collection instrument. and 48 CFR Ch. 15. The Federal complete and review the collection of DATES: Comments must be submitted on Register Notice required under 5 CFR information; and transmit or otherwise or before August 2, 1996. 1320.8(d), soliciting comments on this disclose the information. FOR FURTHER INFORMATION OR A COPY collection of information was published Respondents/Affected Entities: CALL: Sandy Farmer at EPA, (202) 260– on March 15, 1996 (61 FR 1074); 32 Generators and Handlers of Hazardous 2740, and refer to EPA ICR No. 1167.05. comments were received. Waste. Based on internal Agency analyses, Total estimated Number of SUPPLEMENTARY INFORMATION: comments received, and to progress Respondents: 24,530. Title: Standards of Performance for towards the Agency’s goal of achieving Frequency of Response: Biennial. Lime Manufacturing Plants (OMB 25% burden reduction, the Agency is Estimated Total Annual Hour Burden: Control No. 2060–0063; EPA ICR No. today suggesting the following changes 229,049 hours. 1167.05). This is a request for extension to the 1997 Biennial Report: Estimated Total Annualized Cost of a currently approved collection. (1) Generators and RCRA permitted Burden: $9,456,804. Treatment, Storage and Disposal Abstract: The Administrator has Send comments on the Agency’s need judged that PM emissions from lime Facilities (TSDFs) will no longer be for this information, the accuracy of the required to report any RCRA hazardous manufacturing plants cause or provided burden estimates, and any contribute to air pollution that may wastes managed in exempt units, suggested methods for minimizing defined as those units that are not under reasonably be anticipated to endanger respondent burden, including through public health or welfare. Owners/ RCRA hazardous waste permitting the use of automated collection requirements; operators of lime manufacturing plants techniques, to the following addresses. must notify EPA of construction, (2) The Waste Treatment, Disposal, or Please refer to EPA ICR No. 0976.08 and Recycling Process Systems (PS) form modification, startups, shut downs, date OMB Control No. 2050–0024 in any will be eliminated; and and results of initial performance test correspondence. (3)The Waste Minimization questions and excess emissions. The only type of Ms. Sandy Farmer, U.S. Environmental from the Identification and Certification industry costs associated with the (IC) and Waste Generation and Protection Agency, OPPE Regulatory information collection activity in the Management (GM) forms will be Information Division (2137), 401 M standards are labor costs. eliminated. Street, SW, Washington, DC 20460. In order to ensure compliance with Implementing these changes will and the standards promulgated to protect result in a substantially streamlined Office of Information and Regulatory public health, adequate reporting and 1997 Biennial Report without sacrificing Affairs, Office of Management and recordkeeping is necessary. In the the information needed to meet the Budget, Attention: Desk Officer for absence of such information Agency’s statutory requirements or to EPA 725 17th Street, NW, enforcement personnel would be unable conduct its analyses. The Agency Washington, DC 20503. to determine whether the standards are recognizes that the information Dated: June 27, 1996. being met on a continuous basis, as suggested today as being dropped from Richard Westlund, required by the Clean Air Act. the 1997 Biennial Report is still Acting Director, Regulatory Information An agency may not conduct or important. The Agency may decide, Division. sponsor, and a person is not required to after it conducts a comprehensive [FR Doc. 96–17026 Filed 7–2–96; 8:45 am] respond to, a collection of information evaluation of the information needs for BILLING CODE 6560±50±P unless it displays a currently valid OMB the RCRA community, that some or all control number. The OMB control of these types of information are in fact numbers for EPA’s regulations are listed # # best collected through the Biennial [OMB 2060±0063, EPA 1167.05]; [FRL± in 40 CFR Part 9 and 48 CFR Chapter Report, albeit in a different format. At 5531±9] 15. The Federal Register Notice the present time, however, the Agency Agency Information Collection required under 5 CFR 1320.8(d), will collect this information through Activities Under OMB Review; soliciting comments on this collection mechanisms and sources other than the Standards of Performance for New of information was published on March 1997 Biennial Report. Stationary Sources Lime 26, 1996. Burden Statement: The annual public Manufacturing Plants (Subpart HH) Burden Statement: The annual public reporting and recordkeeping burden for reporting and recordkeeping burden for this collection of information is AGENCY: Environmental Protection this collection of information is estimated to average of 18.7 hours per Agency (EPA). estimated to average 44.2 hours per response. Burden means the total time, ACTION: Notice. response. Burden means the total time, effort, or financial resources expended effort, or financial resources expended by persons to generate, maintain, retain, SUMMARY: In compliance with the by persons to generate, maintain, retain, or disclose or provide information to or Paperwork Reduction Act (44 U.S.C. or disclose or provide information to or for a Federal agency. This includes the 3507(a)(1)(D), this notice announces that for a Federal agency. This includes the time needed to review instructions; the Information Collection Request (ICR) time needed to review instructions; develop, acquire, install, and utilize for Standards of Performance for New develop, acquire, install, and utilize Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34811 technology and systems for the purposes ADDRESSES: By mail, submit written PP 5F4582. Griffin Corporation, P.O. of collecting, validating, and verifying comments to: Public Response and Box 1847, Rocky Ford Road, Valdosta, information, processing and Program Resources Branch, Field GA. 31603-1847 proposes to amend 40 maintaining information, and disclosing Operations Division (7506C), Office of CFR part 180 by establishing a tolerance and providing information; adjust the Pesticide Programs, Environmental for the residues of ethylene existing ways to comply with any Protection Agency, 401 M St., SW., bisdithiocarbamate from the fungicides previously applicable instructions and Washington, DC 20460. In person, bring maneb and mancozeb calculated as zinc requirements; train personnel to be able comments to: Rm. 1132, CM #2, 1921 ethylene bisdithiocarbamate and their to respond to a collection of Jefferson Davis Hwy., Arlington, VA. common metabolite ethylenethiourea in information; search data sources; Information submitted and any or on the raw agricultural commodity complete and review the collection of comment(s) concerning this notice may walnuts at 0.1 parts per million (ppm). information; and transmit or otherwise be claimed confidential by marking any 2. PP 6F4693. AgrEvo USA Company, disclose the information. part or all of that information as Little Falls Center One, 2711 Centerville Respondents/Affected Entities: ‘‘Confidential Business Information’’ Road, Wilmington, DE 19808, proposes owners or operators of lime (CBI). Information so marked will not be to amend 40 CFR part 180 by manufacturing plants. disclosed except in accordance with establishing a regulation to permit the Estimated Number of Respondents: procedures set forth in 40 CFR part 2. combined residues of flutolanil (N-(3-(1- 38. A copy of the comment(s) that does not methylethoxy)phenyl)-2- Frequency of Response. 2. contain CBI must be submitted for (trifluoromethyl)benzamide)) and its Estimated Number of Responses. 76. inclusion in the public record. metabolites converted to 2- Estimated Total Annual Hour Burden: Information not marked confidential trifluoromethyl benzoic acid and 3,363.6 hours. may be disclosed publicly by EPA calculated as flutolanil, in or on the raw Estimated Total Annualized Cost without prior notice to the submitter. agricultural commodity potato tubers at Burden: $0. Information on the proposed test and 0.20 parts per million (ppm). Send comments on the Agency’s need any written comments will be available 3. PP 9F3812. Rohm and Haas for this information, the accuracy of the for public inspection in Rm. 1132 at the Company, 100 Independence Mall West, provided burden estimates, and any Virginia address given above, from 8 Philadelphia, PA 19105 proposes to suggested methods of minimizing a.m. to 4:30 p.m., Monday through amend 40 CFR 180.443 by establishing respondent burden, including through Friday, excluding legal holidays. a tolerance for the combined residues of the use of automated collection Comments and data may also be the fungicide myclobutanil [alpha-butyl- techniques to the following addresses. submitted electronically by sending alpha-(4-chlorphenyl)-1H-1,2,4-triazole- Please refer to EPA ICR No. 1167.05 and electronic mail (e-mail) to: opp- 1-propanenitrile] and its metabolite OMB Control No. 2060–0063 in any [email protected]. Electronic alpha-(3-hydroxbutyl)-alpha-(4- correspondence. comments must be submitted as an chlorophenyl)-1H-1,2,4-triazole-1- Ms. Sandy Farmer, U.S. Environmental ASCII file avoiding the use of special propanenitrile (free and bound) in or on the raw agricultural commodity pome Protection Agency, OPPE Regulatory characters and any form of encryption. fruit at 0.5 ppm. Information Division (2137), 401 M Comments and data will also be 4. FAP 6H5749. AgrEvo USA accepted on disks in WordPerfect 5.1 Street, SW, Washington, DC 20460 Company, Little Falls Center One, 2711 and file format or ASCII file format. All Centerville Road, Wilmington, DE Office of Information and Regulatory comments and data in electronic form 19808, proposes to amend 40 CFR part Affairs, Office of Management and must be identified by the docket number 185 by establishing a food additive Budget, Attention: Desk Officer for [PF–658]. No Confidential Business regulation to permit the combined EPA, 725 17th Street, NW, Information (CBI) should be submitted residues of flutolanil (N-(3-(1- Washington, DC 20503. through e-mail. Electronic comments on methylethoxy)phenyl)-2- Dated: June 27, 1996. this proposed rule may be filed online (trifluoromethyl)benzamide)) and its Richard Westlund, at many Federal Depository Libraries. metabolites converted to 2- Additional information on electronic Acting Director, Regulatory Information trifluoromethyl benzoic acid and Division. submissions can be found below in this calculated as flutolanil, in or on the document. [FR Doc. 96–17029 Filed 7–2–96; 8:45 am] processed food commodity potato, dry FOR FURTHER INFORMATION CONTACT: By BILLING CODE 6560±50±M peel at 3.0 ppm. mail: Connie Welch, Product Manager A record has been established for this (PM) 21, Registration Division, (7505C), document under docket number [PF– [PF±658; FRL±5378±5] Office of Pesticide Programs, 658] (including comments and data Environmental Protection Agency, 401 submitted electronically as described Notice of Filing of Pesticide Petitions M St., SW., Washington, DC 20460. below). A public version of this record, AGENCY: Environmental Protection Office location and telephone number: including printed, paper versions of Agency (EPA). Rm. 237, CM #2, 2801 Jefferson Davis electronic comments, which does not Highway, Arlington, VA 22202, 703– ACTION: Notice. include any information claimed as CBI, 305–6226; e-mail: is available for inspection from 8 a.m. to SUMMARY: This notice announces the [email protected]. 4:30 p.m., Monday through Friday, initial filing of pesticide petitions SUPPLEMENTARY INFORMATION: EPA has excluding legal holidays. The public proposing the establishment of received the following pesticide record is located in Room 1132 of the regulations for residues of certain petitions from Rohm and Haas Public Response and Program Resources pesticide chemicals in or on various Company, AgroEvo USA Company and Branch, Field Operations Division agricultural commodities. Griffin Corporation proposing the (7506C), Office of Pesticide Programs, DATES: Comments, identified by the establishment of regulations for residues Environmental Protection Agency, docket number PF–658, must be of certain pesticide chemicals in or on Crystal Mall #2, 1921 Jefferson Davis received on or before August 2, 1996. various raw agricultaral commodities. Highway, Arlington, VA. 34812 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Electronic comments can be sent SUPPLEMENTARY INFORMATION: [OPP±00440; FRL±5378±6] directly to EPA at: OMB Responses to Agency PRA [email protected] Conduct of Acute Toxicity Studies; Clearance Requests Notice of Availability and Request for OMB Approvals Comments Electronic comments must be submitted as an ASCII file avoiding the EPA ICR No. 0270.36; Proposed AGENCY: Environmental Protection use of special characters and any form Modifications to the National Primary Agency (EPA). of encryption. Drinking Water Regulations for Lead ACTION: Notice. and Copper; was approved 06/03/96; The official record for this document, OMB No. 2040–0090; expires 03/31/97. SUMMARY: EPA is soliciting comments as well as the public version, as EPA ICR No. 0664.05; NSPS Subpart on a draft guidance document entitled described above will be kept in paper XXX, Bulk Gasoline Terminals; was ‘‘Conduct of Acute Toxicity Studies.’’ form. Accordingly, EPA will transfer all approved 06/07/96; OMB No. 2060– Interested parties may request this comments received electronically into 0006; expires 06/03/99. document as described in the printed, paper form as they are received EPA ICR No. 0222.04; Investigations ADDRESSES unit of this notice. and will place the paper copies in the into Possible Noncompliance of Motor DATES: Written comments, identified by official record which will also include Vehicles with Federal Emission the docket number ‘‘OPP–00440’’ must all comments submitted directly in Standards; was approved 05/09/96; be received on or before September 3, writing. The official record is the paper OMB No. 2060–0086; expires 05/31/99. 1996. record maintained at the address in EPA ICR No. 1057.07; Standards of ADDRESSES: The guidance document is ‘‘ADDRESSES’’ at the beginning of this Performance for New Stationary available from Tina Levine: By mail: document. Sources; Sulfuric Acid Plants—NSPS Registration Support Branch, List of subjects Subpart H; was approved 06/09/96; Registration Division (7505W), Office of OMB No. 2060–0041; expires 06/30/99. Pesticide Programs, Environmental Environmental protection, EPA ICR No. 1712.02; National Protection Agency, 401 M St., SW., Administrative practice and procedure, Emission Standard for Hazardous Air Washington, DC 20460. Office location, Agricultural commodities, Pesticides Pollutants for Shipbuilding and Ship telephone number, and e-mail address: and pests, Reporting and recordkeeping Repair Facilities (Surface Coating); was 6th Floor, CS-1, 2800 Crystal Drive requirements. approved 05/11/96; OMB No. 2060– North, Arlington, VA, (703) 308–8393, Authority: 7 U.S.C. 136a. 0330; expires 05/31/99. e-mail: [email protected]. EPA ICR No. 0597.06; Maximum Submit written comments to: By mail: Dated: June 24, 1996. Residue Limit (MR) Petitions on Food/ Public Docket and Freedom of Information Section, Field Operations Peter Caulkins, Feed Corps and New Inert Ingredients; was approved 06/10/96; OMB No. 2070– Division (7506C), Office of Pesticide Acting Director, Registration Division, Office Programs, Environmental Protection of Pesticide Programs. 0024; expires 06/30/99. EPA ICR No. 0601.05; FIFRA Section Agency, 401 M St., SW., Washington, [FR Doc. 96–16858; Filed 7–02–96; 8:45 am] 29 Annual Reports on Conditional DC 20460. In person, bring comments BILLING CODE 6560±50±F Registrations; was approved 06/14/96; to: Rm. 1128, CM #2, 1921 Jefferson OMB No. 2070–0026; expires 06/30/99. Davis Highway, Arlington, VA. EPA ICR No. 1506.07; NSPS for Comments and data may also be submitted electronically by sending [FRL±5532±1] Muncipial Waste Combustors (MWC)— Subpart Ea; was approved 06.17/96; electronic mail (e-mail) to: opp- [email protected]. Electronic Agency Information Collection expires 01/31/99. comments must be submitted as an Activities Under OBM Review OMB Short Term Extensions ASCII file avoiding the use of special characters and any form of encryption. AGENCY: Environmental Protection EPA ICR No. 0282.06; OMB No. 2060– Agency (EPA). 0048; Motor Vehicle Emissions Defect Comments and data will also be Information Report and Records; accepted on disks in WordPerfect in 5.1 ACTION: Notice. expiration date was extended to 09/30/ file format or ASCII file format. All 96. comments and data in electronic form SUMMARY: In compliance with the EPA ICR No. 1626.04; OMB No. 2060– must be identified by the docket number Paperwork Reduction Act (44 U.S.C. 0256; National Emissions Reduction ‘‘OPP–00440.’’ No Confidential Business 3501 et seq.), this notice announces the Program, Amendment; expiration date Information (CBI) should be submitted Office of Management and Budget’s was extended to 08/31/96. through e-mail. Electronic comments on (OMB) responses to Agency PRA this document may be filed online at clearance requests. An agency may not OMB Corrections many Federal Depository Libraries. conduct or sponsor, and a person is not EPA ICR No. 0783.32; OMB No. 2060– Additional information on electronic required to respond to, a collection of 0288; Refueling Emission Regulations submissions can be found under the information unless it displays a for Light-Duty Vehicles and Light-Duty SUPPLEMENTARY INFORMATION currently valid OMB control number. Trucks; expiration date has been unit of this document. The OMB control numbers for EPA’s changed from 07/31/97 to 06/30/96. Information submitted as a comment regulations are listed in 40 CFR Part 9 concerning this document may be and 48 CFR Chapter 15. Dated: June 27, 1996. claimed confidential by marking any Richard Westlund, part or all of that information as CBI. FOR FURTHER INFORMATION CONTACT: Acting Director, Regulatory Information Information so marked will not be Sandy Farmer (202) 260–2740, Please Division. disclosed except in accordance with refer to the appropriate EPA ICR [FR Doc. 96–17028 Filed 7–2–96; 8:45 am] procedures set forth in 40 CFR part 2. Number. BILLING CODE 6560±50±M A copy of the comment that does not Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34813 contain CBI must be submitted for help all registrants, it is being finalized record is located in Rm. 1132 of the inclusion in the public record. at this time because of the importance Public Response and Program Resources Information not marked confidential of clear guidance for the success of the Branch, Field Operations Division may be disclosed publicly by EPA self-certification program undergoing (7506C), Office of Pesticide Programs, without prior notice. All written comment at this time. This Federal Environmental Protection Agency, comments will be available for public Register notice announces the Crystal Mall #2, 1921 Jefferson Davis inspection in Rm. 1132 at the Virginia availability of the draft document and Highway, Arlington, VA. address given above from 8 a.m. to 4:30 solicits comment on it. In particular, Electronic comments can be sent p.m., Monday through Friday, excluding EPA is interested in comments on those directly to EPA at: legal holidays. sections of the document where there [email protected] FOR FURTHER INFORMATION CONTACT: Tina has been some disagreement or Levine at the telephone number, office uncertaintly between the various Electronic comments must be location, or e-mail address listed under contributors to the document. These submitted as an ASCII file avoiding the the ADDRESSES unit of this document. areas are highlighted in bold in the use of special characters and any form SUPPLEMENTARY INFORMATION: EPA is document. After reviewing the public of encryption. soliciting comments on a proposed comments received, EPA may make The official record for this action, as guidance document entitled ‘‘Conduct changes to the guidance document. well as the public version, as described of Acute Toxicity Studies.’’ It is the goal A record has been established for this above will be kept in paper form. of this document to compile additional action under docket number ‘‘OPP– Accordingly, EPA will transfer all guidance for the conduct of acute 00440’’ (including comments and data comments received electronically into toxicity studies into a supplement to the submitted electronically as described printed, paper form as they are received Subdivision F Guidelines. It is expected below). A public version of this record, and will place the paper copies in the that such guidance, which currently including printed, paper versions of official record which will also include often must be pieced together from electronic comments, which does not all comments submitted directly in several different sources, will reduce the include any information claimed as CBI, writing. The official record is the paper number of studies that are rejected or is available for inspection from 8 a.m. to record maintained at the address in flawed due to incorrect procedures or 4:30 p.m., Monday through Friday, ‘‘ADDRESSES’’ at the beginning of this insufficient reporting. While this should excluding legal holidays. The public document. 34814 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

List of Subjects information concerning the Public SUMMARY: The statement of policy Environmental protection, Safety Wireless Advisory Committee. would revise the FDIC’s Statement of Administrative practice and procedure, Information is also available from the Policy on Assistance to Operating Agricultural commodities, Pesticides Internet at the Public Safety Wireless Insured Depository Institutions, which and pests. Advisory Committee homepage (http:// was published in the Federal Register pswac.ntia.doc.gov). on December 18, 1992 (the 1992 Policy Dated: June 11, 1996. SUPPLEMENTARY INFORMATION: Two Statement) (see, 57 FR 60203 (December Stephen L. Johnson, Subcommittees of the Public Safety 18, 1992)). As required by section 303(a) Director, Registration Division, Office of of the Riegle Community Development Pesticide Programs. Wireless Advisory Committee will hold consecutive meetings on Thursday, July and Regulatory Improvement Act of [FR Doc. 96–16590 Filed 7–2–96; 8:45 am] 18, 1996 and Friday, July 19, 1996. The 1994 (the RCDRIA), the FDIC is BILLING CODE 6560±50±F expected arrangement of the meetings, conducting a systematic review of its which is subject to change at the time regulations and statements of policy to of the meetings, is as follows: identify and revise regulations and FEDERAL COMMUNICATIONS July 18 & July 19: The Interoperability statements of policy that might be COMMISSION Subcommittee and then the Spectrum inefficient, cause unnecessary burden, or contain outmoded, duplicative, or Public Safety Wireless Advisory Requirements Subcommittee will meet consecutively starting at 8:00 a.m. inconsistent provisions (see, 60 FR Committee; Steering and 62345 (December 6, 1995)). The FDIC Subcommittee Meetings For further information contact Don Speights, NTIA, directly at 202–482– has reviewed the 1992 Policy Statement AGENCIES: The National 1652 or by email at and has concluded that it should be Telecommunications and Information [email protected]. revised. This revised statement of policy Administration (NTIA), Larry Irving, The tentative agenda for each would replace the 1992 Policy Assistant Secretary for Communications subcommittee meeting is as follows: Statement. and Information, and the Federal The statement of policy would (i) 1. Welcoming Remarks. reflect the statutory ‘‘sunset’’ of the Communications Commission (FCC), 2. Approval of Agenda. Reed E. Hundt, Chairman. 3. Administrative Matters. Resolution Trust Corporation on ACTION: Notice of the Next Meetings of 4. Work Program/Organization of Work. December 31, 1995, by deleting the Spectrum Requirements and 5. Meeting Schedule. references to the Resolution Trust Interoperability Subcommittees. 6. Agenda for Next Meeting. Corporation’s statutory authority; (ii) 7. Other Business. incorporate the requirements of section SUMMARY: In accordance with the 8. Closing Remarks. 11 of the Resolution Trust Corporation Federal Advisory Committee Act, Public The tentative schedule and general Completion Act, P.L. 103–204, section Law 92–463, as amended, this notice location of the next full meeting of the 11 (1993), which revised section 11(a)(4) advises interested persons of the next Public Safety Wireless Advisory of the Federal Deposit Insurance Act, as meetings of two of the five Committee is: September 1996, in amended (the FDI Act), 12 U.S.C. Subcommittees of the Public Safety Washington, D.C. 1821(a)(4), to prohibit, with certain Wireless Advisory Committee. The The Co-Designated Federal Officials exceptions, the use of funds from the NTIA and the FCC established a Public of the Public Safety Wireless Advisory Bank Insurance Fund or the Savings Safety Wireless Advisory Committee, Committee are William Donald Association Insurance Fund to benefit Subcommittees, and Steering Committee Speights, NTIA, and John J. Borkowski, shareholders of a failed or failing to prepare a final report to advise the FCC. For public inspection, a file insured depository institution; thus, the NTIA and the FCC on operational, designated WTB–1 is maintained in the statement of policy would impact the technical and spectrum requirements of Private Wireless Division of the treatment of shareholders with regard to Federal, state and local Public Safety Wireless Telecommunications Bureau, FDIC assistance under section 13(c) of entities through the year 2010. All Federal Communications Commission, the FDI Act to an operating insured interested parties are invited to attend Room 8010, 2025 M Street, N.W., depository institution prior to the and to participate in the next round of Washington, D.C. 20554. appointment of a conservator or receiver meetings of the Subcommittees. for that institution; (iii) provide that any Federal Communications Commission DATES: July 18, 19 1996 (Thursday, depository institution subsidiary of a Friday). Robert H. McNamara. holding company may be included Chief, Private Wireless Division, Wireless ADDRESSES: Federal Communications when considering what entities may Telecommunications Bureau. Commission, 2000 M St., NW, Rooms contribute resources in connection with 110 A,B, & C (Rooms subject to change), [FR Doc. 96–17096 Filed 7–2–96; 8:45 am] a proposal for FDIC assistance; and (iv) Washington, D.C. 20554. BILLING CODE 6712±01±P generally streamline the retained FOR FURTHER INFORMATION CONTACT: For provisions of the 1992 Policy Statement, information regarding the in pertinent part by removing certain Subcommittees, contact: Interoperability FEDERAL DEPOSIT INSURANCE detailed discussions of section 13(k)(5) Subcommittee: James E. Downes at 202– CORPORATION of the FDI Act and various provisions 622–1582; Spectrum Requirements added to the FDI Act by the Federal Subcommittee: Richard N. Allen at 703– Statement of Policy on Assistance to Deposit Insurance Corporation 630–6617. Operating Insured Depository Improvement Act of 1991. For information regarding Institutions DATES: Written comments must be received on or before August 2, 1996. accommodations and transportation, AGENCY: Federal Deposit Insurance contact: Deborah Behlin at 202–418– Corporation (FDIC). ADDRESSES: Written comments should 0650 (phone), 202–418–2643 (fax), or be addressed to the Office of the ACTION: Policy statement; Notice of [email protected] (email). You may also Executive Secretary, FDIC, 550 17th opportunity for comment. contact Ms. Behlin for general Street, N.W., Washington, D.C. 20429. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34815

Comments may be hand delivered to conditions exist that threaten the must determine that, for such period of Room F–402, 1776 F Street, N.W., stability of a significant number of time as the agency or the FDIC considers Washington, D.C. 20439, on business insured institutions or of insured to be relevant, the institution’s days between 8:30 a.m. and 5:00 p.m. institutions possessing significant management has been competent and Comments may be sent through financial resources, to lessen the risk to has complied with applicable laws, facsimile to: (202) 898–3838 or by the the FDIC posed by such insured rules, and supervisory directives and Internet to: [email protected]. institutions under such threat of orders,7 and (2) the FDIC must Comments will be available for instability. determine that the institution’s inspection at the FDIC Public In order for the FDIC to provide management did not engage in any Information Center, room 100, 801 17th assistance to an operating insured insider dealing, speculative practice, or Street, N.W., Washington, D.C. between institution, the FDIC must determine other abusive activity.8 Any 9:00 a.m. and 4:30 p.m. on business that the assistance meets the least-cost determination made by the FDIC to days. test set forth in section 13(c) of the FDI provide assistance to an operating FOR FURTHER INFORMATION CONTACT: Gail Act. That section provides that the insured institution under section 13(c) L. Patelunas, Acting Director, Division assistance (1) must be necessary to meet must be made in writing and published of Resolutions, (202) 898–6779; Sean C. the obligation of the FDIC to provide in the Federal Register.9 Forbush, Resolutions Specialist, insurance coverage for the insured SAIF-insured institutions submitting Division of Resolutions, (202) 898–8506; deposits in such institution, and (2) proposals for assistance under section Barbara I. Taft, Assistant General must be the least costly to the deposit 13(k)(5) of the FDI Act also must meet Counsel, Legal Division, (202) 736– insurance fund of all possible methods the criteria contained in that statutory 0183; Michael B. Phillips, Counsel, for meeting that obligation.2 provision.10 The FDIC has the authority to provide Legal Division, (202) 736–0186, Federal B. Timing Considerations Deposit Insurance Corporation, 550 17th to an operating insured institution Street, N.W., Washington, D.C. 20429. assistance that does not meet the least- As section 13(c)(4) of the FDI Act cost test only if the Secretary of the requires the FDIC to select the SUPPLEMENTARY INFORMATION: Treasury (in consultation with the resolution alternative that involves the Paperwork Reduction Act President and upon the written least cost to the relevant deposit recommendations of two-thirds of the insurance fund, any open assistance The statement of policy does not Board of Directors of the FDIC and two- proposal must be evaluated on a require any collections of paperwork thirds of the Board of Governors of the competitive basis with other available pursuant to section 3504(h) of the Federal Reserve System) determines that resolution alternatives. Because of the Paperwork Reduction Act, 44 U.S.C. the FDIC’s compliance with the least- cost savings inherent in FDIC-assisted 3501 et seq. Accordingly, no cost test would have adverse effects on transactions involving the appointment information has been submitted to the economic conditions or financial of a receiver for an institution, it may be Office of Management and Budget for stability and the assistance to the difficult for an open assistance proposal review. operating insured institution would to be more cost effective than an Regulatory Flexibility Act avoid or mitigate such adverse effects available closed institution resolution.11 (the ‘‘Systemic Risk Exception’’).3 Pursuant to section 605(b) of the Therefore, an open assistance proposal, The FDIC may consider providing to be acceptable, generally must be Regulatory Flexibility Act, 5 U.S.C. 601 financial assistance under section 13(c) et seq., it is certified that the statement submitted substantially before grounds to an operating insured institution exist for the appointment of a receiver of policy will not have a significant before the appointment of a conservator economic impact on a substantial for the institution. Moreover, because of or receiver only if the FDIC determines the complexity of many transactional number of small entities. In addition, that (1) grounds for the appointment of the statement of policy will not impose a conservator or receiver exist or likely 7 regulatory compliance requirements on See section 13(c)(8)(A)(ii)(I) of the FDI Act, 12 will exist in the future unless the U.S.C. 1823(c)(8)(A)(ii)(I). depository institutions of any size. institution’s capital levels are 8 See section 13(c)(8)(A)(ii)(II) of the FDI Act, 12 The text of the statement of policy increased,4 and (2) it is unlikely that the U.S.C. 1823(c)(8)(A)(ii)(II). follows: institution can meet all currently 9 See section 13(c)(8)(B) of the FDI Act, 12 U.S.C. 1823(c)(8)(B). FDIC Statement Of Policy on Assistance applicable capital standards without 10 Assistance proposals with respect to SAIF- 5 to Operating Insured Depository assistance. In addition, before the FDIC insured institutions under section 13(k)(5) that do Institutions may provide assistance to an operating not meet all nine of the criteria in that statutory insured institution, (1) the appropriate provision may be submitted to the FDIC for I. Introduction Federal banking agency 6 and the FDIC consideration under section 13(c) of the FDI Act. Section 13(k)(5) applies only to SAIF-insured A. General Statutory Requirements institutions located in ‘‘economically depressed 2 Section 13(c) of the Federal Deposit See section 13(c)(4)(A)(ii) of the FDI Act, 12 regions,’’ and only if those institutions have certain U.S.C. 1823(c)(4)(A)(ii). types of problems pre-dating the enactment of the Insurance Act, as amended (the FDI 3 See section 13(c)(4)(G) of the FDI Act, 12 U.S.C. Financial Institutions Reform, Recovery, and Act), authorizes the Federal Deposit 1823(c)(4)(G). Enforcement Act of 1989. The nine criteria for Insurance Corporation (the FDIC) to 4 See section 13(c)(8)(A)(i)(I) of the FDI Act, 12 proposals submitted under section 13(k)(5) of the provide assistance to operating insured U.S.C. 1823(c)(8)(A)(i)(I). FDI Act are listed in subsections (k)(5)(A)(i) (I)–(III) 5 See section 13(c)(8)(A)(i)(II) of the FDI Act, 12 and (A)(ii) (I)–(VI) of section 13 of the FDI Act, 12 institutions (open assistance) (1) to U.S.C. 1823(c)(8)(A)(i)(II). U.S.C. 1823(k)(5)(A)(i) (I)–(III) and (A)(ii) (I)–(VI). prevent the ‘‘default’’ of insured 6 ‘‘Appropriate Federal banking agency’’ is 11 Among the cost advantages favoring a institutions or to assist acquisitions of defined at 12 U.S.C. 1813(q), in part, to mean: (1) resolution transaction following the appointment of insured institutions that are ‘‘in danger the Comptroller of the Currency, in the case of a a receiver for an institution are the effect of the 1 national bank; (2) the Board of Governors of the receivership on the contingent liabilities of the of default,’’ or (2) if severe financial Federal Reserve System, in the case of a state failed institution, the potential for uninsured member insured bank; (3) the FDIC, in the case of depositors and other unsecured creditors to share 1 The terms ‘‘default’’ and ‘‘in danger of default’’ a state nonmember insured bank; and (4) the in the loss incurred on the institution and the are defined in section 3(x) of the FDI Act, 12 U.S.C. Director of the Office of Thrift Supervision, in the ability of the FDIC as receiver to repudiate 1813(x). case of any savings association. burdensome contracts. 34816 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices structures involving open assistance, the of section 11(a)(4) to any proposal for Criterion 5. The amount of the time required to negotiate terms assistance. assistance and the new capital injected acceptable to all parties and to obtain from outside sources must provide for a III. Criteria for the FDIC’s necessary regulatory and shareholder reasonable assurance of the future Consideration of Proposals for approvals, and the ‘‘prompt corrective viability of the insured institution.19 Assistance to an Operating Insured action’’ mandates of Section 38 of the Criterion 6. Applicants must establish Institution FDI Act,12 the FDIC encourages quantitative limits on all financial items submission of proposals for open A proposal for assistance to an in the proposal. For example, if assistance well before grounds exist for operating insured institution will be applicants request indemnification from the institution’s closure. In general, this evaluated pursuant to the following the FDIC for certain contingent timing consideration will require the criteria: liabilities, the proposal must include ceilings on the FDIC’s financial board of directors of the insured A. Prerequisites for Open Assistance institution to make the difficult business exposure. Criterion 1. The FDIC must determine judgment that the institution is likely to C. Competition fail and that the balance of their that grounds for the appointment of a responsibilities, including those to conservator or receiver exist or likely Criterion 7. The FDIC will consider depositors as well as shareholders, will exist in the future unless the the proposal within a competitive compels the board to seek FDIC insured institution’s capital levels are context which provides for the assistance, and to make that judgment increased.15 solicitation by the FDIC of interest from before it is certain that the institution Criterion 2. The FDIC must determine qualified entities.20 will fail. that it is unlikely that the insured D. FDIC Financial Contribution and institution can meet all currently Repayment and Repayment II. Treatment of Shareholders Under applicable capital standards without Section 11(a)(4) of the FDI Act assistance.16 Criterion 8. The FDIC will consider, Section 11(a)(4) of the FDI Act states, on a case-by-case basis, whether the B. Financial Criteria for Open in pertinent part: proposal shall provide the FDIC with an Assistance Notwithstanding any provision of law equity or other financial interest in the other than section 13(c)(4)(G) [of the FDI Criterion 3. The cost of the proposal resulting institution.21 Act], the Bank Insurance Fund and the for open assistance to the FDIC must be Criterion 9. It is preferable that the Savings Association Insurance Fund determined to be the least-costly proposal for FDIC assistance provide for shall not be used in any manner to alternative available.17 In order to repayment of such assistance in whole benefit any shareholder of— ensure that the proposal is the least or in part. (i) Any insured depository institution costly alternative, the FDIC will, in E. Impact on Shareholders and for which the [FDIC] or the [RTC] has many cases, also seek proposals for Creditors been appointed conservator or receiver, resolving the insured institution on a Criterion 10. Unless the Systemic Risk in connection with any type of closed basis. Exception in section 13(c)(4)(G) of the resolution by the [FDIC] or the [RTC]; Criterion 4. The proposal must FDI Act is applicable, FDIC assistance (ii) Any other insured depository provide for sufficient tangible may not be used in any manner to institution in default or in danger of capitalization, including capital benefit any preexisting shareholder of default, in connection with any type of infusions from outside private the insured institution, as determined resolution by the [FDIC] or the [RTC]; or investment sources, to meet the (iii) Any insured depository regulatory capital standards of the by the FDIC on a case-by-case basis. In any event, any remaining ownership institution, in connection with the appropriate Federal banking agency.18 provision of assistance under this interest of such shareholders shall be subordinate to the FDIC’s right to section or section 13 with respect to 15 This criterion is mandatory. See section such institution, except that this clause 13(c)(8)(A) of the FDI Act, 12 U.S.C. 1823(c)(8)(A). receive reimbursement for any 16 This criterion is mandatory. See section shall not prohibit any assistance to any 19 insured depository institution that is not 13(c)(8)(A) of the FDI Act, 12 U.S.C. 1823(c)(8)(A). Viability may be demonstrated by pro forma 17 This criterion is mandatory unless the Secretary projections based on reasonable assumptions in default, or that is not in danger of of the Treasury makes a systemic risk regarding the use of the assistance, earnings, reserve default, that is acquiring (as defined in determination. See section 13(c)(4) (A) and (G) of levels, asset quality trends, anticipated dividends, section 13(f)(8)(B) [of the FDI Act]) the FDI Act, 12 U.S.C. 1823(c)(4) (A) and (G). and capital levels and needs. The viability projections will be reviewed closely by the FDIC for another insured depository institution.13 Resolution alternatives must be evaluated on a present-value basis, using a realistic discount rate. the reasonableness of assumptions. In addition, As the scope of the language of See section 13(c)(4)(B) of the FDI Act, 12 U.S.C. under normal circumstances, enough new capital section 11(a)(4) and related legislative 1823(c)(4)(B). This cost determination is premised should come from outside private sources to history with respect to the limitation on on evaluating all possible resolution alternatives represent a vote of confidence in the viability of the the use of the relevant deposit insurance and must be made as of the date the FDIC assisted institution. By contrast, as an example, a determines to provide section 13(c) assistance. See de minimus investment which gave the investor an fund for assistance under section 13(c) section 13(c)(4)(C) of the FDI Act, 12 U.S.C. option on the whole institution would not represent of the FDI Act is not clearly 1823(c)(4)(C). In calculating the cost of such a market validation of the assurance of viability. delineated,14 the FDIC will determine, assistance, the FDIC must treat any tax revenues 20 The FDIC has determined that under 12 U.S.C. on a case-by-case basis, the application that the U.S. Treasury would forego as a result of 1823(c)(4), in order to demonstrate that the least an assistance transaction, to the extent they are costly resolution was selected, an assistance reasonably determinable, as revenues foregone by transaction generally cannot be the result of a single 12 See section 38(h)(3) of the FDI Act, 12 U.S.C. the applicable deposit insurance fund. party negotiation, but rather must be the result of 1831o(h)(3). 18 The regulatory capital requirements of the a competitive process. 13 See 12 U.S.C. 1821(a)(4). respective Federal banking agencies are stated in: 21 Under 12 U.S.C. 1823(c)(5), the FDIC is 14 See the Report of the House Committee on (1) For the Office of the Comptroller of the prohibited from purchasing the voting or common Banking, Finance and Urban Affairs, H.R. Rep. No. Currency, 12 CFR Part 3; (2) for the Board of stock of an insured institution. However, this 103, 103d Cong., 1st Sess., Part 1, at 32 (1993) and Governors of the Federal Reserve System, 12 CFR restriction does not preclude the acceptance by the the Conference Report accompanying the RTC Part 225; (3) for the FDIC, 12 CFR Part 325; and (4) FDIC of non-voting preferred stock, warrants, or Completion Act, H.R. Rep. No. 380, 103d Cong., 1st for the Office of Thrift Supervision, 12 CFR Part other forms of equity or equity-equivalent Sess. at 55 (1993). 567. arrangements. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34817 assistance provided. Preexisting criminal remedies or redress against any determining the cost of the assistance. debtholders of the insured institution person.23 Excessive fees must be avoided. shall make substantial concessions. Criterion 16. The FDIC must determine that the management of the IV. Other Information F. Due Diligence resulting institution did not engage in Any proposal requesting assistance to Criterion 11. Applicants must consent any insider dealing, speculative prevent the closing of an insured 24 to unrestricted on-site due diligence practice, or other abusive activity. institution should be addressed to the Criterion 17. The proposal must reviews by the FDIC (or its agents) and appropriate FDIC regional offices of the provide for adequate managerial FDIC-monitored, on-site due diligence Division of Supervision and the resources. Continued service of any reviews by all potential qualified Division of Resolutions and should acquirers as determined by the FDIC directors or senior ranking officers who served in a policy-making role at the provide the amount, terms, and (after consultation with the appropriate conditions of the assistance requested, Federal banking agency). insured institution, as may be determined by the FDIC, will be subject as well as the details of the financial G. Acquisition Within a Holding to approval by the FDIC. support to be provided. This Company Structure Criterion 18. Any renegotiation or information must be presented in termination of management contracts is sufficient detail to permit the FDIC to Criterion 12. The proposal must to be completed prior to the granting of estimate the maximum cost that will be ensure that the assistance will benefit assistance. Further, the FDIC may incurred as a result of the proposal and the insured institution and the FDIC and review and object to any or all parts of to determine the extent to which the not be diverted to other purposes. If the any compensation arrangements proposal satisfies the criteria of this insured institution is a subsidiary of a (including termination clauses) covering policy statement. holding company, the proposal should these individuals during the period be structured so that FDIC assistance is The proposal must include, with assistance is outstanding.25 In general, not provided to the holding company, respect to the management the failure to terminate a particular except where compelling reasons determinations set forth in Criteria 15, management contract prior to the require it, and then only when the 16, 17 and 18 in Part III, information granting of assistance will not stop the holding company acts as a conduit to about proposed management of the FDIC or the appropriate Federal banking immediately provide the entire amount insured institution or the resulting agency from subsequently pursuing any of assistance to the insured institution.22 institution, as applicable. Specifically, enforcement, civil, or criminal remedies Criterion 13. If the insured institution or redress against any person by reason the proposal must identify all is a subsidiary of a holding company, of such contract, unless there is a individuals who would exercise the proposal should be structured so written statement explicitly waiving significant influence over, or participate that available resources from the such rights that is signed by an in, major policy-making decisions of the holding company and its other authorized official of the FDIC and the insured institution or the resulting depository institution subsidiaries and/ appropriate Federal banking agency. institution, without regard to title, or nondepository subsidiaries are used Notwithstanding the foregoing, any such salary or compensation. This list would to make a significant contribution waiver must take into consideration the include, without limitation, all toward minimizing the financial requirements of 12 CFR part 359. directors, the chief executive officer, exposure of the FDIC. chief managing official (in an insured J. Fee Arrangements H. Assets state branch of a foreign bank), chief Criterion 19. All fee arrangements operating officer, chief financial officer, Criterion 14. The FDIC may consider, with attorneys, investment bankers, chief lending officer and chief in appropriate circumstances, the accountants, consultants, and other investment officer. advisors and agents incident to an open acquisition of, or loss-sharing, gain- Copies of the proposal also should be sharing and other incentive assistance proposal must be disclosed to the FDIC and will be evaluated in provided to (1) the Director of the arrangements with respect to, distressed Division of Supervision, FDIC, 550 17th assets. 23 This criterion is mandatory. See section Street, N.W., Washington, D.C. 20429, I. Supervisory Concerns With Respect to 13(c)(8)(A) of the FDI Act, 12 U.S.C. 1823(c)(8)(A). (2) the Director of the Division of Management The FDIC interprets section 13(c)(8)(A)(ii) of the Resolutions, FDIC, 550 17th Street, FDI Act that the management critrion applies to the N.W., Washington, D.C. 20429, (3) the Criterion 15. The appropriate Federal management of the resulting institution, including any management retained from the predecessor insured institution’s chartering banking agency and the FDIC must institution, but not including predecessor authority, and, (4) if approvals under determine that, during such period of management that is not retained. This interpretation the Bank Holding Company Act are time preceding the date of such is based on the relevant statutory provisions and required, the appropriate Federal determination as the agency or the FDIC their legislative history and reconciles the management criteria of section 13(c)(8)(A)(ii) with Reserve Bank. considers to be relevant, management of the statutory mandate of minimizing the cost of the insured institution was competent resolutions and with Congress’ desire to encourage By Order of the Board of Directors. Dated and complied with applicable laws, early resolutions. at Washington, D.C., this 17th day of June, rules, and supervisory directives and 24 This criterion is mandatory. See section 1996. orders. In no event will such 13(c)(8)(A) of the FDI Act, 12 U.S.C. 1823(c)(8)(A). Federal Deposit Insurance Corporation. 25 In addition, under section 18(k)(1) of the FDI determination, for assistance transaction Act, the FDIC may ‘‘prohibit or limit, by regulation Robert E. Feldman, purposes, estop or impair the FDIC or or order, any golden parachute payment or Deputy Executive Secretary. indemnification payment.’’ See 12 U.S.C. the appropriate Federal banking agency [FR Doc. 96–16904 Filed 7–2–96; 8:45 am] from pursuing any enforcement, civil or 1828(k)(1). The terms ‘‘golden parachute payment’’ and ‘‘indemnification payment’’ are defined in 12 BILLING CODE 6714±01±P U.S.C. 1828(k)(4) and (5)(A), respectively. See also 22 See section 13(c)(3) of the FDI Act, 12 U.S.C. the FDIC’s regulations at 12 CFR part 359, which 1823(c)(3). implement section 18(k)(1). 34818 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

FEDERAL HOUSING FINANCE BOARD FOR FURTHER INFORMATION CONTACT: services authorized in that section, Edward J. Reedy, Associate Director, which charges are to be determined and [No. 96±N±4] Regulatory Oversight Division, (202) regulated by the Board. 408–2959; or Edwin J. Avila, Financial Section 943.6(c) of the Board’s Prices for Federal Home Loan Bank Analyst, (202) 408–2871; Federal regulations provides for the annual Services Housing Finance Board, 1777 F Street, publication in the Federal Register of N.W., Washington, D.C. 20006. all prices for Bank services. The AGENCY: Federal Housing Finance SUPPLEMENTARY INFORMATION: Section following fee schedules are for the four Board. 11(e) of the Federal Home Loan Bank Banks which offer item processing ACTION: Notice of prices for Federal Act (Bank Act) (12 U.S.C. 1431(e)) services to their members and other Home Loan Bank services. authorizes the Banks (1) to accept qualified financial institutions. Most of demand deposits from member the remaining Banks provide other SUMMARY: The Federal Housing Finance institutions, (2) to be drawees of Correspondent Services which may Board (Board) is publishing the prices payment instruments, (3) to engage in include securities safekeeping, charged by the Federal Home Loan collection and settlement of payment disbursements, coin and currency, Banks (Banks) for processing and instruments drawn on or issued by settlement, electronic funds transfer, settlement of items (negotiable order of members and other eligible institutions, etc. However, these Banks do not withdrawal or NOW), and demand and (4) to engage in such incidental provide services related to processing of deposit accounting (DDA) and other activities as are necessary to the exercise items drawn against or deposited into services offered to members and other of such authority. Section 11(e)(2)(B) of third party accounts held by their eligible institutions. the Bank Act (12 U.S.C. 1431(e)(2)(B)) members or other qualified financial EFFECTIVE DATE: July 3, 1996. requires the Banks to make charges for institutions.

District 1.—Federal Home Loan Bank of Boston (1996 NOW/DDA Services) (Services not provided) District 2.—Federal Home Loan Bank of New York (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts) District 3.—Federal Home Loan Bank of Pittsburgh (1996 NOW/DDA Services) Deposit Processing Service (DPS) DPS Deposit Tickets—$0.5700 Per Deposit, Printing of Deposit Tickets Deposit items processed for volumes of: Pass-through pricing varies—tiered by monthly volume: 1–25,000 ...... 0.0365 per item (transit) 25,001–58,500 ...... 0.0359 per item. 58,501–91,500 ...... 0.0354 per item. 91,501–125,000 ...... 0.0348 per item. 125,001–158,500 ...... 0.0343 per item. 158,501–191,500 ...... 0.0337 per item. 191,501–over ...... 0.0332 per item. Deposit items encoded (west) for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0302 per item. 25,001–58,500 ...... 0.0297 per item. 58,501–91,500 ...... 0.0292 per item. 91,501–125,000 ...... 0.0287 per item. 125,001–158,500 ...... 0.0282 per item. 158,501–191,500 ...... 0.0277 per item. 191,501–over ...... 0.0272 per item. Deposit items encoded (east) for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0323 per item. 25,001–58,500 ...... 0.0318 per item. 58,501–91,500 ...... 0.0313 per item. 91,501–125,000 ...... 0.0308 per item. 125,001–158,500 ...... 0.0303 per item. 158,501–191,500 ...... 0.0298 per item. 191,501–over ...... 0.0293 per item. Deposit Items Returned ...... 1.8500 per item. Deposit Items Photocopied ...... 3.6500 per photocopy. DPS Photocopies—Subpoena ...... 18.0000 per hour of processing time. plus ...... 0.2500 per photocopy. Deposit Items Rejected ...... 0.2300 per rejected item.

(applicable to pre-encoded deposits only) DPS Transportation (West) ...... 8.5000 per pickup. DPS Transportation (East) ...... 8.5000 per pickup. Return Check Courier Service ...... 125.0000 per month. DEPOSITORY ACCOUNT SERVICES Mail Deposits ...... $5.4000 per deposit. ‘‘On-Us’’ Returns Deposited: Qualified Returns ...... 0.5000 per item. Raw Returns ...... 2.0000 per item. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34819 Bond Coupon Collection ...... 6.0000 per envelope. Bond Coupon Returns ...... 15.0000 per coupon. Bond Collection: Bearer ...... 23.0000 per bond. Registered ...... 31.0000 per bond. Deposit Transfer Vouchers ...... 5.4000 per item. Foreign Item Collection ...... Pass-through. Electronic Funds Transfer Incoming Wire Transfers ...... $6.0000 per transfer. Outgoing Wire Transfers (Automated/Link) ...... 7.0000 per transfer. Outgoing Wire Transfers (Manual) ...... 10.0000 per transfer. Fax of Wire Transfer Advice ...... To be Announced. Internal Book Transfer Advice (Automated/Link) ...... No Charge. Internal Book Transfers (Manual) ...... 1.0000 No Charge. Foreign Wire Surcharge ...... 30.0000 No charge.* Expected Wires Not Received ...... Penalty Assessed.** Automated Clearing House (ACH) ...... ACH Transaction Settlement (CR) ...... 0.2550 per transaction. ACH Transaction Settlement (DR) ...... 0.2550 per transaction. ACH Origination Items (CR) ...... 0.2000 per item. ACH Origination Items (DR) ...... 0.2000 per item. ACH Origination Record Set-Up ...... 1.5500 per record. ACH Origination Items Returned ...... 5.0000 per returned item. ACH Returns/Notification of Change (NOCs)—Facsimile ...... 2.0600 per transaction. ACH Returns/NOC’s—Telephone ...... 3.3500 per transaction. ACH/Federal Reserve Board (FRB) Priced Service Charges ...... 0.2700 per transaction. * Note: This surcharge will be added to the amount of the outgoing funds transfer to produce a single total debit to be charged to the customer’s account on the date of transfer. ** Note: Standard penalty is equivalent to the amount of the wire(s) times the daily Interest on Demand (IOD) rate, divided by 360. If the wire not received causes the Bank to suffer any penalty, deficiency, or monetary loss, any and all related costs will also be assessed. FEDERAL RESERVE SETTLEMENT FRB Statement Transaction (CR) ...... $0.5500 per transaction. FRB Statement Transaction (DR) ...... 0.5500 per transaction. Reserve Requirement Pass-Thru ...... 25.0000 per month (active). Correspondent Transaction (DR) ...... 0.5500 per transaction. Direct Send Settlement ...... 140.0000 per month. FRB Inclearing Settlement ...... 140.0000 per month. DEMAND DEPOSIT SERVICES Clearing Items Processed ...... $0.1450 per item. Clearing Items Fine Sorted (for return with Bank statements) ...... 0.0730 per item. Reconcilement Copies—Manual ...... 0.0870 per copy. Reconcilement Copies—MagTape ...... 0.0490 per copy. Reconcilement MagTape Processing ...... Pass-through. Reconcilement Copies—Voided ...... 0.0400 per copy. Check Photocopies—Mail ...... 3.7500 per photocopy. Check Photocopies—Telephone/Fax ...... 4.5000 per photocopy. Check Photocopies—Subpoena ...... 0.6520 per photocopy. Stop Payment Orders ...... 16.2500 per item. FRB Return Items ...... 0.5000 per item. FRB Return Items Over $2,500 ...... 6.0000 per item. Collections & Forgeries ...... 15.0000 per item. Imprinting of Standard Checks ...... 0.1100 per item. Non-Standard Imprinting ...... Pass-through. Microfiche Copies ...... 5.0000 per copy. Request for Fax/Photocopy ...... 3.0000 per document. IMAGE STATEMENT SERVICE PROOF OF DEPOSIT (POD) SERVICE Pricing for each of these premium services is customer-specific, based upon individual service requirements; please call your Marketing representative at (800) 288–3400 for further information. COIN & CURRENCY SERVICE: WESTERN SERVICE AREA Currency Orders ...... $0.3550 per $1,000.* Coin Orders ...... 2.3500 per box. Currency Deposits ...... 1.2400 per $1,000.* Coin Deposits ...... 1.8000 per standard bag. Coin Deposits (Non-Standard) ...... 2.7500 per non-standard bag. Coin Deposits (Unsorted) ...... 8.5000 per mixed bag. Food Stamp Deposits ...... 1.8000 per $1,000.* Coin Shipment Surcharge ...... 0.2500 per excess bag.** C&C Transportation (Zone W1) ...... 16.1000 per stop. C&C Transportation (Zone W2) ...... 27.6000 per stop. C&C Transportation (Zone W3) ...... 36.8500 per stop. C&C Transportation (Zone W4) ...... Negotiable.*** COIN & CURRENCY SERVICE: EASTERN SERVICE AREA Currency Orders ...... $0.3100 per $1,000.* 34820 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Coin Orders ...... 2.7500 per box. Currency Deposits ...... 1.2400 per $1,000.* Coin Deposits ...... 1.8000 per standard bag. Coin Deposits (Non-Standard) ...... 2.7500 per non-standard bag. Coin Deposits (Unsorted) ...... 8.5000 per mixed bag. Food Stamp Deposits ...... 1.8000 per $1,000.* Coin Shipment Surcharge ...... 0.2500 per excess bag.** C&C Transportation (Zone E1) ...... 24.6000 per stop. C&C Transportation (Zone E2) ...... 34.3500 per stop. C&C Transportation (Zone E3) ...... 52.8500 per stop. C&C Transportation (Zone E4) ...... Negotiable.*** * Note: Charges will be applied to each $1,000 ordered or deposited, and to any portion of a shipment not divisible by that standard unit. ** Note: A surcharge will apply to each container (box/bag) of coin in an order/delivery after the first 20 containers. *** Note: Reserved for remote locations: delivery charges will be negotiated with the courier service on an individual basis. CHECK PROCESSING (INCLEARING) Checks Processed for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0435 per item. 25,001–58,500 ...... 0.0409 per item. 58,501–91,500 ...... 0.0383 per item. 91,501–125,000 ...... 0.0357 per item. 125,001–158,500 ...... 0.0332 per item. 158,501–191,500 ...... 0.0306 per item. 191,501–350,000 ...... 0.0280 per item. 350,001–500,000 ...... 0.0254 per item. 500,001–over ...... 0.0229 per item. FULL BACKROOM SERVICE (ITEM PROCESSING CHARGES) Non-Truncated Checks for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0570 per item. 25,001–58,500 ...... 0.0555 per item. 58,501–91,500 ...... 0.0540 per item. 91,501–125,000 ...... 0.0525 per item. 125,001–158,500 ...... 0.0510 per item. 158,501–191,500 ...... 0.0495 per item. 191,501–350,000 ...... 0.0480 per item. 350,001–500,000 ...... 0.0450 per item. 500,001–over ...... 0.0420 per item. Truncated Checks for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0470 per item 25,001–58,500 ...... 0.0455 per item. 58,501–91,500 ...... 0.0440 per item. 91,501–125,000 ...... 0.0425 per item. 125,001–158,500 ...... 0.0410 per item. 158,501–191,500 ...... 0.0395 per item. 191,501–350,000 ...... 0.0380 per item. 350,001–500,000 ...... 0.0350 per item. 500,001–over ...... 0.0320 per item. MODIFIED BACKROOM SERVICE (ITEM PROCESSING CHARGES) Non-Truncated Checks for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0470 per item. 25,001–58,500 ...... 0.0455 per item. 58,501–91,500 ...... 0.0440 per item. 91,501–125,000 ...... 0.0425 per item. 125,001–158,500 ...... 0.0410 per item. 158,501–191,500 ...... 0.0395 per item. 191,501–350,000 ...... 0.0380 per item. 350,001–500,000 ...... 0.0350 per item. 500,001–over ...... 0.0320 per item. Truncated Checks for volumes of: Pricing varies—tiered by monthly volume: 1–25,000 ...... $0.0370 per item. 25,001–58,500 ...... 0.0355 per item. 58,501–91,500 ...... 0.0340 per item. 91,501–125,000 ...... 0.0325 per item. 125,001–158,500 ...... 0.0310 per item. 158,501–191,500 ...... 0.0295 per item. 191,501–350,000 ...... 0.0280 per item. 350,001–500,000 ...... 0.0250 per item. 500,001–over ...... 0.0220 per item. CHECK PROCESSING (ASSOCIATED SERVICES) Over-The-Counter Items ...... $0.1800 per item. OTC Item Transportation ...... 10.0000 per month. Special Cycle Sorting ...... 0.0210 per item. Mid-Cycle Statement (Purged) ...... 0.5200 per item (Min $2.60). Mid-Cycle Statement (Non-Purged) ...... 2.6000 per statement. Check (NOW) Statement Processing: Statements using Generic Envelopes ...... 0.0591 per envelope. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34821 Statements using Custom Envelopes ...... 0.0965 per envelope. Statements using Large Envelopes ...... 0.5582 per envelope. Additional Stuffer Processing ...... 0.0250 per stuffer. (One stuffer per statement free—applicable to all additional stuffers Selective Stuffer Processing ...... 0.0680 per statement. Daily Report Postage ...... Pass-through. Statement Postage ...... Pass-through. Standard Return Calls ...... 1.1300 per item. Automated Return Calls ...... 0.2626 per item. Return Calls via Link ...... 0.8000 per item. Late Return Calls ...... 2.2500 per item. FRB Return Items ...... 0.5000 per item. FRB Return Items Over $2,500 ...... 6.0000 per item. Check Photocopies—Mail ...... 3.7500 per photocopy. Check Photocopies—Telephone/Fax ...... 4.5000 per photocopy. Check Photocopies—Subpoena ...... 0.6500 per photocopy. Signature Verification Copies ...... 0.7500 per copy. Check Retrieval ...... 1.5000 per item. Magnetic Ink Character Recognition (MICR) Sort Option (Fixed Fee) 26.0000 per month. MICRSort Option (per item) ...... 0.0300 per item. Check Reconcilement Service ...... (See Separate Section). Collections & Forgeries ...... 15.0000 per item. Monthly Checks Processed Journal (MCPJ) Microfiche Service ...... 0.0020 per item. (Min. $15.00, Max. $75.00). Microfiche Copies ...... 5.0000 per copy. Microfilm Processing ...... 5.2500 per roll. Microfilm Duplication ...... 10.7500 per roll. Transportation ...... Pass-through. STATEMENT SAVINGS PROCESSING Statements using Small Envelopes ...... $0.0991 per envelope. Statements using Custom Envelopes ...... 0.1265 per envelope. Statements using Large Envelopes ...... 0.5682 per envelope. CHECK RECONCILEMENT SERVICE Reconcilement Items Processed ...... $0.2250 per item. Stop Payment Orders ...... 10.0000 per item. Microfiche Copies ...... 3.0000 per copy. Account Reconcilement ...... 15.0000 per account. * Note: Individual service charges are detailed in a monthly statement provided specifically for this service. The net of these charges is posted to Check Processing and appears as a single line item on the monthly billing statement. ACCOUNT MAINTENANCE Demand Deposit Accounts ...... $21.5000 per month, per account. Telephone Balance Inquiry ...... 2.0000 per telephone call. Cut-Off Statements ...... 10.0000 per statement. Paper Advice of Transactions (Daily Transaction Statement) ...... 1.0000 per statement. Daily Transaction Data via Link ...... No Charge. ACCOUNT OVERDRAFT PENALTY Greater of $75.00 and interest on the amount of the overdraft (Rate used for calculation equal to the highest posted advance rate plus 3.0%) ATTENTION: CUSTOMERS RECEIVING TRANSPORTATION CHARGES UNDER ANY SERVICE Rates and charges relative to transportation vary depending on the location of the office(s) serviced. Details regarding the pricing for the transportation to/from specific institutions or individual locations will be provided upon their subscription to that service. Surcharges may be applicable and will be applied to the customer as effective and without prior notice. District 4.—Federal Home Loan Bank of Atlanta (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts.) District 5.—Federal Home Loan Bank of Cincinnati (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts.) District 6.—Federal Home Loan Bank of Indianapolis (1996 NOW/DDA Services) Cash Management Services (CMS)

Transaction Charges Paid Check charge ...... $0.16 per item. Paper Advice ...... 065 per item. Tape Advice ...... 040 per item. Stop Payments ...... 6.00 per stop. Photo copies ...... 2.50 per copy. Fine Sort Numeric Sequence ...... 025 per item. Collection/Return/Exception ...... 5.00. Daily Statement ...... 2.00. 34822 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Transaction Charges Maintenance ...... 30.00 per month. Debit Entries ...... no charge. Credit Entries ...... no charge. Checks (Administration Fee) ...... 02 per item. Special Cutoff ...... no charge. Infoline ...... 50.00 per month. VRU (Voice Response Unit) ...... 1.00 per inquiry. Collected Balances Will Earn Interest at the CMS daily posted rate.

Now Account Services

Transaction Charges

Safekeeping Turnaround Complete Image* Monthly volume (daily or cycled) Per item Cost Per item Cost Per item Cost Per item Per stmt

0±5,000 ...... $.048 $240. $.056 $280. $.080 $400. $.06 $.40 5±10,000 ...... $.040 $200. $.051 $255. $.078 $390. $.06 $.40 10±15,000 ...... $.039 $195. $.047 $235. $.076 $380. $.06 $.40 15±25,000 ...... $.034 $340. $.040 $400. $.075 $750. $.06 $.40 25±50,000 ...... $.033 $825. $.036 $900. $.073 $1,825. $.06 $.40 50±75,000 ...... $.029 $725. $.033 $825. $.069 $1,725. $.06 $.40 75±100,000 ...... $.026 $650. $.030 $750. $.068 $1,700. $.06 $.40 100±and up ...... $.024 ...... $.027 ...... $.067 ...... $.06 $.40

Ancillary Service Fees: Large Dollar Signature Verification ...... $0.50. Over-the-Counters and Microfilm ...... 0.035. Return Items ...... 2.15. Photocopies ** and Facsimiles ...... 2.50. Certified Checks ...... 1.00. Invalid Accounts ...... 0.50. Invalid Returns ...... 0.50. Late Returns ...... 0.50. No Magnetic Ink Character Recognition/ Over the Counter (MICR/OTC) ...... 0.50. Settlement Only ...... 100.00 per month. + Journal Entries ...... 3.00 each. Encoding Errors ...... 2.75. Fine Sort Numeric Sequence ...... 0.02. Access to Infoline ...... 50.00 per month. High Dollar Return Notification ...... no charge. Debit Entries ...... no charge. Credit Entries ...... no charge. Standard Stmt. Stuffers (up to 2)*** ...... no charge. Minimum processing fee of $40.00 per month will apply for total NOW services. Also included in the above fees—at no additional cost are Federal Reserve fees, incoming courier fees, software changes, disaster recovery, envelope discount and inventory. * Image Monthly Maintenance Fee of $500.00 for 0–32% of accounts; $300.00 for 33–49% of accounts; and $200.00 for 50%+ will be as- sessed for Image Statements. ** Photocopy request of 50 or more are charged at an hourly rate of $15.00. *** Each additional (over 2) will be charged at $.02 per statement.

Fee

Wire Transfer Services: In (Per transfer) Domestic ...... $4.00. Out (Per transfer) Domestic ...... 7.50. International Wires ...... 25.00. Depository Transfer Checks: Per Check ...... $2.00. Treasury Tax and Loan Settlement Service: Per Transaction ...... $2.00. Charge Card Transaction: Per Transaction ...... $1.50. Automated Clearing House (ACH) Service: Tape Transmission ...... $8.50. or Origination ...... 045 per item. Michigan Clearing House, Indiana Clearing House (MACHA, INDEX) ...... Actual Federal Reserve Charges. ACH Entries Clearing through our R&T Number ...... $.25 per item. Settlement Only ...... $65.00 per month. ACH Returns/NOC ...... $2.50 per item. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34823

Fee

Coin and Currency: Deliveries—Indiana and Michigan: Prices based on delivery location, excess bag fee (courier) and order preparation. Cost will vary per institution. Returns ...... $12.50. Non-Transit Customer ...... $10.00. Orders (Member uses own courier) ...... $15.00. Special Order* ...... $15.00. *Any order placed after normal order has been received and processed by Federal Home Loan Bank. Proof and Transit Processing: Pre-encoded Items: City ...... $0.04 per item. Remote Check Processing Center (RCPC) ...... $0.05 per item. Other Districts ...... $0.085 per item. Unencoded ...... $0.165 per item. Food Stamp ...... $0.14 per item. Photocopies* ...... $2.50 per copy. Adjustments on pre-encoded work ...... $2.75 per error. E Z Clear ...... $0.14 per item. Coupons ...... $8.25 per envelope. Collections ...... $6.00 per item. Cash Letter ...... $2.00 per cash letter. Deposit Adjustments ...... $0.30 per adjustment. Debit Entries ...... no charge. Credit Entries ...... no charge. Microfilming ...... no charge. Mortgage Remittance (Basic Service) ...... $0.35. Settlement Only ...... $100.00 per month. + Journal Entries ...... $3.00 each. Third Party Fedline ...... $.50 each. Courier** Marion County ...... $8.25 per location, per day, per pick- up. Other ...... Prices vary per location. *Multiple Photocopies (more than 50 per request) $15.00 per hour. **Includes branch work transfer and correspondence to and from Federal Home Loan Bank. All Fees Subject to Change. District 7.—Federal Home Loan Bank of Chicago (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts) District 8.—Federal Home Loan Bank of Des Moines (1996 NOW/DDA Services) Demand Account Analysis Fee Schedule: Account Maintenance ...... $12.00. Account Reconciliation ...... 35.00. Electronic Cash Manager ...... 25.00 (plus connect charge). Non-ECM Distribution of Reports ...... 75.00. Drafts Paid:. Truncated ...... 0.045. Non-Truncated ...... 0.055. Stop Payments ...... 7.00. Ledger Entries—Credits ...... 0.35. Ledger Entries—Debits ...... 0.15. Bank Wires In ...... 3.00. Bank Wires Out ...... 4.00. ACH Settlement Charges ...... 1.00. Special Cut-Off Statements ...... 10.00. Account Reconciliation Tape Issues ...... 0.015. Issue Encoding ...... 0.0225. Pre-Encoded Issues ...... 0.015. Collections: Bonds/Coupons Per Envelope Local/Government ...... 5.00. Out-of-Town ...... 7.00. Domestic/Checks ...... 15.00 (Plus Actual). Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. ACH Fee Schedule: FRB/ACH Pass Thru ...... Actual. FRB/ACH Settlement ...... $1.00. Origination Service: Set Up New Account (One Time Charge) ...... 50.00. Formatted Tape ...... 10.00. Reformat Tape ...... 10.00. Per Item On Tape* ...... 05. 34824 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Paper Input: Monthly Maintenance ...... 20.00. Data Entry Per Item* ...... 25. Day Cycle Deposit Charge: Local DB/CR ...... 0550. Out-of-State DB/CR ...... 0550. Prenotes ...... 0550. Addendas ...... 0550. Night Cycle Deposit Charge Premium: Local DB/CR ...... 07. Out-of-State DB/CR ...... 07. Prenotes ...... 07. Addendas ...... 07. Warehousing Per Item ...... 0050. Originator Volume Discount—Monthly: 5,000 to 20,000 ...... ¥.005. Over 20,000 ...... ¥.01. Return Items ...... 1.50. Transportation Charges ...... Negotiable. Special Service/Handling ...... Negotiable. Telephone Advice: Per Call ...... 2.00. Miscellaneous ...... Actual. Minimum Monthly Billing ...... 50.00. *Plus ACH Origination Fee.

Des Moines Regional Center—Deposit Processing Fee Schedule

50,000± 100,000± Description Below 50,000 100,000 300,000 Over 300,000

Deposited Item Charges: Local ...... 02 .015 .014 .011 RCPC ...... 030 .025 .022 .020 RCPC-Premium ...... 045 .045 .045 .045 Transit ...... 0525 .051 .05 .049

Other Fees

Encoding ...... $.0225. Return Items: Return Items ...... 75/item. Special Handling: Subtotal by Office ...... 1.50/office total. Individual Entries ...... 50/entry. Telephone Notification less than $2,500 ...... 60/item. Large Dollar Notification (Reg. J.) ...... 3.00/item. Collection/Settlement Services: Bonds/Coupons Per Envelope: Local/Government 5.00. Out-of-Town 7.00. Domestic/Checks ...... 15.00 (Plus Actual). Canadian Items ...... 25/item. Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. Federal Reserve Settlement Entries ...... 1.00/entry. Food Coupons ...... 02. Non-Processable Items ...... 15/item. Cash Services: Currency/Coin Orders ...... 2.00/order. Special Orders ...... Standard order fee plus actual charges. Foreign Currency Orders ...... 2.50/order. Coin—per roll ...... 0385/roll. Currency/Coin Deposits: Standard Packaging ...... 50. Non-Standard Packaging ...... 10.00. Foreign Currency Deposits ...... 5.00/deposit. Currency Per Strap ...... 25. Delivery Charge (includes return delivery to FRB Chicago) ...... 53.00/stop. Balance/Availability Reporting ...... 30.00/month. Endpoint Analysis ...... 20.00/day. Photocopies ...... 2.75/copy. Research ...... 20.00/hour. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34825

Kansas City Regional Center—Deposit Processing Fee Schedule

50,000± Description Below 25,000 25,000±50,000 250,000 Over 250,000

Deposited Item Charges: Local ...... 0.0170 0.0160 0.0150 0.0075±0.0140 Regional ...... 0.0280 0.0250 0.0220 0.0150±0.021 Country ...... 0.0280 0.0250 0.0220 0.0150±0.021 Transit ...... 0.0540 0.0530 0.0510 0.0435±0.050

Other Services

Encoding: Below 25,000 ...... $0.0300. 25,000–50,000 ...... 0.0250. 50,000–250,000 ...... 0.0225. Over 250,000 ...... 0.0200. Return Items: 0–999 ...... 0.75. 1,000 & Over ...... 0.65. Special Handling: Subtotal by Office ...... 1.50/office total. Selected Account Chargeback ...... 025/item. Individual Entries...... 50/entry. Telephone Notification less than $2,500 ...... 60/item. Large Dollar Notification (Reg. J.) ...... 3.00/item. Collection/Settlement Services: Bonds/Coupons Per Envelope: Local/Government ...... 5.00. Out-of-Town ...... 7.00. Domestic/Checks ...... 15.00 (Plus Actual). Canadian Items ...... 25/item. Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. Federal Reserve Settlement Entries ...... 1.00/entry. Food Coupons ...... 02. Non-Processable Items ...... 0.15. Cash Services: Currency/Coin Orders ...... 3.00/order. Special Orders ...... 3.00/order, plus actual charges. Foreign Currency Orders ...... 5.50/order. Currency/Coin Deposits: Standard Packaging ...... 50/deposit. Non-Standard Packaging ...... 10.00/deposit. Foreign Currency Deposits ...... 5.00/deposit. Balance/Availability Reporting ...... 30.00/month. Endpoint Analysis ...... 30.00/each, over two per year. Photocopies/Microfilm Copies ...... 2.75/copy. Audit ...... 2.75/copy or 20.00/hour + .50 copy, whichever is less. Research ...... 20.00/hour. Minneapolis Regional Center Deposit Processing Fee Schedule

25,000± Description Below 25,000 150,000 Over 150,000

Deposited Item Charges: Local ...... 02 .016 .014 RCPC ...... 032 .025 .020 RCPC-Premium ...... 045 .04 .032 Country ...... 04 .038 .036 Transit ...... 063 .058 .052

Other Services Encoding ...... 0225. Return Items ...... 75/item. Special Handling: Subtotal by Office ...... 1.50/office total. Individual Entries ...... 50/entry. 34826 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Telephone Notification less than $2,500 ...... 60/item. Large Dollar Notification (Reg. J.) ...... 3.00/item. Collection/Settlement Services: Bonds/Coupons Per Envelope: Local/Government ...... 5.00. Out-of-Town ...... 7.00. Domestic/Checks ...... 15.00 (Plus Actual). Canadian Items ...... 25/item. Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. Federal Reserve Settlement Entries ...... 1.00/entry. Food Coupons ...... 04. Non-Processable Items ...... 15/item. Cash Services: Currency/Coin Orders ...... 2.00/order. Special Orders ...... Standard order fee plus actual charges. Foreign Currency Orders ...... 2.50/order. Currency/Coin Deposits ...... 2.00/order. Standard Packaging ...... 50. Non-Standard Packaging ...... 10.00. Foreign Currency Deposits ...... 5.00/deposit. Balance/Availability Reporting ...... 30.00/month. Endpoint Analysis ...... 20.00/day. Photocopies ...... 2.75/copy. Research ...... 20.00/hour. Minneapolis—Out-of-District Customers

25,000± Description Below 25,000 100,000 Over 100,000

Deposited Item Charges: Local ...... 0250 .0210 .0160 RCPC ...... 0370 .0300 .0200 RCPC-Premium ...... 0500 .0450 .0400 Country ...... 0450 .0430 .0380 Transit ...... 0730 .0680 .0580

Other Services

Encoding ...... 0250. Return Items ...... 75/item. Special Handling: Subtotal by Office ...... 1.50/office total. Individual Entries ...... 50/entry. Telephone Notification less than $2,500 ...... 60/item. Large Dollar Notification (Reg. J.) ...... 3.00/item. Collection/Settlement Services: Bonds/Coupons Per Envelope: Local/Government ...... 5.00 Out-of-Town ...... 7.00 Domestic/Checks ...... 15.00 (Plus Actual). Canadian Items ...... 25/item. Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. Federal Reserve Settlement Entries ...... 1.00/entry. Food Coupons ...... 04. Non-Processable Items ...... 15/item. Cash Services: Currency/Coin Orders ...... 2.00/order. Special Orders ...... Standard order fee plus actual charges. Currency/Coin Deposits: Standard Packaging ...... 50. Non-Standard Packaging ...... 2.00. Foreign Currency Deposit ...... 5.00/month. Endpoint Analysis ...... 20.00/day. Photocopies ...... 2.75/copy. Research ...... 20.00/hour. St. Louis Regional Center—Deposit Processing Fee Schedule Deposit Item Charges: Local ...... 013. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34827 RCPC ...... 017. Country ...... 017. Transit ...... 052. Package Sort: Local ...... 009. RCPC ...... 009. Country ...... 016. Transit ...... 048. Note: Package Sort prices are available to customers who present deposits separated by item type.

Out-of-District Customers Deposit Item Charges: Local ...... 017. RCPC ...... 020. Country ...... 020. Transit ...... 055. Package Sort: Local ...... 013. RCPC ...... 019. Country ...... 019. Transit ...... 053. Note: Package Sort prices are available to customers who present deposit separated by item type.

In and Out-of-District Customers Other Services Encoding ...... 0225. Return Items: Return Items ...... 75/item. Special Handling: Subtotal by Office ...... 1.50/office total. Individual Entries ...... 50/entry. Telephone Notification less than $2,500 ...... 60/item. Large Dollar Notification (Reg. J.) ...... 3.00/item. Collection/Settlement Services: Bonds/Coupons Per Envelope: Local/Government ...... 5.00. Out-of-Town ...... 7.00. Domestic/Checks ...... 15.00 (Plus Actual). Canadian Items ...... 25/item. Foreign ...... 25.00 (Plus Actual). Miscellaneous ...... Actual. Federal Reserve Settlement Entries ...... 1.00/entry. Food Coupons ...... 02. Non-Processable Items ...... 15/item. Cash Services: Currency/Coin Orders ...... 4.00/order. Special Orders ...... Standard order fee plus actual charges. Currency/Coin Deposits: Standard Packaging ...... 50. Non-Standard Packaging ...... 20.00. Balance/Availability Reporting ...... 30.00/month. Endpoint Analysis ...... 20.00/day. Photocopies ...... 2.75/copy. Research ...... 20.00/hour. Des Moines Regional Center—Inclearing Processing Fee Schedule

Basic Fee Cycle/Monthly Monthly capture volume Daily sort 1 2 (Capture) Sort 2

1±25,000 ...... 020 .017 .020 25,001±50,000 ...... 016 .013 .016 50,001±75,000 ...... 014 .011 .014 75,001±175,000 ...... 012 .009 .012 175,001±400,000 ...... 010 .007 .010 400,001±750,000 ...... 009 .006 .009 750,001±Over ...... 007 .004 .007 Reject Reentry ...... 04/item ...... Posting File ...... 0005/item ...... 1 Surcharge for same-day return: 15%. 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Return Items Basic Service ...... 75–2.65 34828 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Telephone Request ...... 3.50 Forward Collection Only: Local ...... 20 RCPC ...... 20 Transit ...... 50 Regulation J Notification ...... 3.00/item.

Other Services Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... 01/item. Original Item Return2 ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies ...... 2.75/item. Audit ...... 2.75/item or 20.00/hour + .50/ copy, whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Other Miscellaneous Fine Sorting ...... 005/item.

Special Services Backup Service: Set-Up Charge ...... 500.00–1,500.00 one time. Monthly Maintenance ...... Negotiable plus actual monthly usage. File Maintenance: Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) ...... 250.00

Kansas City Regional Center

Inclearing Processing Fee Schedule

Basic fee Cycle/monthly Monthly capture volume Daily sort 1 2 (capture) sort 2

1±50,000 ...... 0.16 .013 .016 50,001±100,000 ...... 014 .011 .014 100,001±175,000 ...... 012 .009 .012 175,001±400,000 ...... 010 .007 .010 400,001±750,000...... 009 .006 .009 750,001±Over ...... 007 .004 .007 Reject Reentry ...... 04/item ...... Posting File ...... 0005/item ......

Outgoing Return Items

4 Telephone Forward Collection Only Volume levels Basic service 3 request 3 Unqualified Qualified 5

1±750 ...... $1.60±2.75 $3.50 $.80 $.40 751±2,5000 ...... 95±1.95 NA .73 .33 2,501±Over ...... 0.65±1.65 NA .65 .26 Regulation J Notification ...... 3.00/item 1 Surcharge for same-day daily return: 15% 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34829

Other Services Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... Negotiated. Original Item Return ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies: Mail or Courier ...... 2.75/item. Fax ...... 3.25/item. Audit ...... 2.75/item or 20.00/hour + .50/ copy, whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or Returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Other Miscellaneous Fine Sorting ...... 005/item.

Special Services Backup Service: Set-Up Charge ...... 500.00–1,500.00 one time. Monthly Maintenance ...... Negotiable plus actual monthly usage. File Maintenance: Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) 250.00. Minneapolis Regional Center—Inclearing Processing Fee Schedule

Basic fee Cycle/monthly Monthly capture volume Daily sort 1 2 (capture) sort 2

1±25,000 ...... 020 .017 .020 25,001±50,000 ...... 016 .013 .016 50,001±75,000 ...... 014 .011 .014 75,001±175,000 ...... 012 .009 .012 175,001±400,000 ...... 010 .007 .010 400,001±750,000 ...... 009 .006 .009 750,001±Over ...... 007 .004 .007 Reject Reentry ...... 04/item ...... Posting File ...... 0005/item ...... 1 Surcharge for same-day return: 15%. 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Return Items: Basic Service ...... 1.30–2.75 Telephone Request ...... 3.50 Forward Collection Only: Qualified ...... 50 Raw ...... 1.40 Regulation J Notification ...... 3.00/item.

Other Services Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... Negotiated. Original Item Return ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. 34830 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies ...... 2.75/item. Audit ...... 2.75/item or 20.00/hour + .50/copy, whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or Returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Other Miscellaneous Fine Sorting ...... 005/item.

Special Services Backup Service: Set-Up Charge ...... 500.00–1,500.00 one time. Monthly Maintenance ...... Negotiable plus actual monthly usage. File Maintenance Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) ...... 250.00. St. Louis Regional Center—Inclearing Processing Fee Schedule

Basic fee Cycle/month Monthly capture volume Daily sort 1 2 (capture) sort 2

1±25,000 ...... 020 .017 .020 25,001±50,000 ...... 016 .013 .016 50,001±75,000 ...... 014 .011 .014 75,001±175,000 ...... 012 .009 .012 175,001±400,000 ...... 010 .007 .010 400,001±750,000 ...... 009 .006 .009 750,001±Over ...... 007 .004 .007 1 Surcharge for same-day daily return: 15%. 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Reject Reentry ...... 04/item. Posting File ...... 0005/item. Return Items: Basic Service ...... 1.25–2.25 1.25–2.25 Forward Collection Only ...... Qualified Non-Qualified Local (8th District) ...... 35 .60 Transit ...... 60 .85 Regulation J Notification ...... 3.00/item.

Other Services Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... Negotiated. Original Item Return ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies ...... 2.75/item. Audit ...... 2.75/item or 20.00/hour + .50/copy, whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or Returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34831 Other Miscellaneous Fine Sorting ...... 005/item.

Special Services Backup Service: Set-Up Charge ...... 500.00–1,500.00 one time Monthly Maintenance ...... Negotiable plus actual monthly usage. File Maintenance: Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) ...... 250.00. Minneapolis Regional Center Out-of-District Customers—Inclearing Processing Fee Schedule

Cycle/ Basic fee 1,2 Monthly capture volume (capture) Daily sort monthly sort 2

1±25,000 ...... 021 .018 .021 25,001±50,000 ...... 017 .014 .017 50,001±75,000 ...... 015 .012 .015 75,001±175,000 ...... 013 .010 .013 175,001±400,000 ...... 011 .008 .011 400,001±750,000 ...... 010 .007 .010 750,001±Over ...... 008 .005 .008 1 Surcharge for same day daily return: 15%. 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Reject Reentry ...... 04/item. Posting ...... 0005/item. Return Items: Basic Service ...... 1.30–2.75. Telephone Request ...... 3.50. Forward Collection Only: Qualified ...... 0.50. Raw ...... 1.40. Regulation J Notification ...... 3.00/item. Other Services: Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... Negotiated. Original Item Return ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies ...... 2.75/item. Audit ...... 2.75/item or 20.00/hour + .50/copy whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or Returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Other Miscellaneous Fine Sorting ...... 005/item. Special Services: Backup Services: Set-Up Charge ...... 500.00–1,500 one time. Monthly Maintenance ...... Negiotiable plus actual monthly usage. File Maintenance: Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) ...... 250.00. 34832 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

St. Louis Regional Center, Out-of-District Customers—Inclearing Processing Fee Schedule

Cycle/ Basic fee 1 2 Monthly capture volume (capture) Daily sort monthly sort 2

1±25,000 ...... 021 .018 .021 25,001±50,000 ...... 017 .014 .017 50,001±75,000 ...... 015 .012 .015 75,001±175,000 ...... 013 .010 .013 175,001±400,000 ...... 011 .008 .011 400,001±750,000 ...... 010 .007 .010 750,001±Over ...... 008 .005 .008 1 Surcharge for same day daily return: 15 percent. 2 Fees for daily and cycle/monthly return are in addition to the basic fee. Reject Reentry ...... 04/item. Posting ...... 0005/item. Basic Service 1 ...... 1.25–225 1.25–2.25 Forward Collection Only ...... Qualified Non-Qualified Local (8th District) ...... 35 .60 Transit ...... 60 .85 Regulation J Notification: 3.00/item. 1 Full service processing. Excludes Large Dollar notification required under Regulations CC and J.

Other Services Support Services: Facsimile Transmission ...... 1.50/transmission. Microfiche Monthly Reports ...... 25.00/month. Microfilm of Checks Captured ...... Negotiated. Original Item Return ...... 2.75/item. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Signature Verification ...... 35/item. Counter Items: With MICR Encoding ...... 04/item. Photocopies/Microfilm Copies ...... 2.75/item. Audit ...... 2.75/item or 20.00/hour+.50/copy whichever is less. Settlement: Daily Reporting ...... 25.00/month. Settlement Only (Inclearings or Returns) ...... 100.00/month. Third Party Settlement ...... 350.00/month. Special Sorting Options: Account Separators ...... 003/item ($175.00 minimum). Truncated Items Returned Unsorted ...... 002/item. Truncated Items Returned Sorted ...... 012/item ($250.00 minimum). Sequence Number Order ...... 005/item. Other Miscellaneous Fine Sorting ...... 005/item.

Special Services Backup Services: Set-Up Charge ...... 500.00–1,500 one time. Monthly Maintenance ...... Negiotiable plus actual monthly usage. File Maintenance: Mergers/Acquisitions ...... 500.00/each. Multiple R/T Numbers ...... 50.00/number/month. Parameter File Maintenance ...... 25.00/change. Multiple Sorter Pockets ...... 300.00/pocket/month. Data Servicer Conversion ...... 500.00/conversion. Minimum Monthly Charge (Excluding Actual Charges) ...... 250.00. Des Moines Regional Center—Proof-of-Deposit (POD) Fee Schedule

Processing Fees Encoding ...... 0225. Capture ...... 009. Fine Sorting: Exception Cycle Sort ...... 003. Account Sequence Sort ...... 003. Serial Sort ...... 005. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34833

Reject ...... 04.

Ancillary Services Return Items: Basic Service ...... 75–2.65. Telephone Request ...... 3.50. Large Item Notification ...... 3.00. Signature Verification/Review ...... 35. Deposit/Customer Corrections ...... 25. Fax Transmissions ...... 1.50. Microfiche Monthly Reports ...... 25.00. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry . Microfilm ...... Negotiated. Deposit Returns (incoming) ...... 75.

Clearing Fees Deposit Items: Local ...... 01. RCPC ...... 018. RCPC Premium ...... 043. Transit ...... 049. Forward Collection Returns: Local ...... 20. RCPC ...... 20. Transit ...... 50. Terms of Account Payment of Processing Fees and Clearing Fees are made by a direct charge to the account or by payment of our invoice or by balance compensation. Payment of Relationship Fees are made only by balance compensation. The earnings credit rate is indexed to the Bank’s yield on overnight Fed Funds for the current month. Interest that approximates the Fed Funds rate will be paid to the account for excess balances, and deficient balances will be charged at the average Fed Funds rate of the current month. Kansas City Regional Center—Proof-of-Deposit (POD) Fee Schedule

Processing Fees Encoding ...... 0225. Capture ...... 009. Fine Sorting: Exception Cycle Sort ...... 003. Account Sequence Sort ...... 003. Serial Sort ...... 005. Rejects ...... 04.

Ancillary Services Return Items: Basic Service : 1–750 ...... 1.60–2.75. 751–2,500 ...... 95–1.95. 2,501–Over ...... 65–1.65. Telephone Request ...... 3.50. Large Item Notification ...... 3.00. Signature Verification/Review ...... 35. Deposit/Customer Corrections ...... 25. Fax Transmissions ...... 1.50. Microfiche Monthly Reports ...... 25.00. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Microfilm ...... Negotiated. Deposit Returns (incoming): 0–999 ...... 75. 1,000–Over ...... 65.

Clearing Fees Deposit Items: Local ...... 01. Country ...... 021. Transit ...... 045.

Forward collection returns (Outgoing) Qualified Nonqualified

1±750 ...... 0.40 0.80 34834 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Forward collection returns (Outgoing) Qualified Nonqualified

751±2,500 ...... 0.33 0.73 2,501±Over ...... 0.26 0.65

Terms of Account Payment of Processing Fees and Clearing Fees are made by a direct charge to the account or by payment of our invoice or by balance compensation. Payment of Relationship Fees are made only by balance compensation. The earnings credit rate is indexed to the Bank’s yield on overnight Fed Funds for the current month. Interest that approximates the Fed Funds rate will be paid to the account for excess balances, and deficient balances will be charged at the average Fed Funds rate of the current month. Minneapolis Regional Center—Proof-of-Deposit (POD) Fee Schedule Processing Fees Encoding ...... 0225. Capture ...... 009. Fine Sorting: Exception Cycle Sort ...... 003. Account Sequence Sort ...... 003. Serial Sort ...... 005. Rejects ...... 04.

Ancillary Services Return Items: Basic Service ...... 1.30–2.75. Telephone Request ...... 3.50. Large Item Notification ...... 3.00. Signature Verification/Review ...... 35. Deposit/Customer Corrections ...... 25. Fax Transmissions ...... 1.50. Microfiche Monthly Reports ...... 25.00. Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Microfilm ...... Negotiated. Deposit Returns (incoming) ...... 75.

Clearing Fees Deposit Items: Local ...... 014. RCPC ...... 020. RCPC Premium ...... 032. Transit ...... 036. Forward Collection Returns: Qualified ...... 50. Non-Qualified (Raw) ...... 1.40. Terms of Account Payment of Processing Fees and Clearing Fees are made by a direct charge to the account or by payment of our invoice or by balance compensation. Payment of Relationship Fees are made only by balance compensation. The earnings credit rate is indexed to the Bank’s yield on overnight Fed Funds for the current month. Interest that approximates the Fed Funds rate will be paid to the account for excess balances, and deficient balances will be charged at the average Fed Funds rate of the current month. St. Louis Regional Center—Proof-of-Deposit (POD) Fee Schedule

Processing Fees Encoding ...... 0225. Capture ...... 009. Fine Sorting: Exception Cycle Sort ...... 003. Account Sequence Sort ...... 003. Serial Sort ...... 005. Rejects ...... 04.

Ancillary Services Return Items: Basic Service ...... 1.25–2.25. Large Item Notification ...... 3.00. Signature Verification/Review ...... 35. Deposit/Customer Corrections ...... 25. Fax Transmissions ...... 1.50. Microfiche Monthly Reports ...... 25.00. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34835 Research ...... 20.00/hour. Telephone Check Inquiry ...... 1.00/inquiry. Microfilm ...... Negotiated. Deposit Returns (incoming) ...... 75.

Clearing Fees Deposit Items: Local ...... 009. RCPC ...... 016. RCPC Premium ...... 016. Transit ...... 048. Forward Collection Returns: Local (8th District) ...... 35–.60. Transit ...... 60–.85 Terms of Account Payment of Processing Fees and Clearing Fees are made by a direct charge to the account or by payment of our invoice or by balance compensation. Payment of Relationship Fees are made only by balance compensation. The earnings credit rate is indexed to the Bank’s yield on overnight Fed Funds for the current month. Interest that approximates the Fed Funds rate will be paid to the account for excess balances, and deficient balances will be charged at the average Fed Funds rate of the current month. Des Moines, Minneapolis, Kansas City and St. Louis Regional Centers Lockbox Fee Schedule Basic Service Open envelope; screen per instructions; verify payee, signature and amount. Record data on check, remittance, enve- lope, or correspondence as requested. Balance checks to remittances and post credits to account specified. Mortgage ...... $.12–.25. Consumer ...... 09–.15. Retail-Commercial ...... 07–.15. Wholesale-Commercial ...... 15–.55. Credit Card ...... 07–.15. Data Capture and Transmit: Includes use of derogatory file as required. Rejects pulled, balanced and returned per in- .015–.030. structions. Item Preparation Charge; Data Entry as required. Includes preparation of new or substitute machine-readable docu- .05/item. ments. Microfilm Remittances or Checks ...... 01/item. Credit/Posting Advice ...... 25/advice. Photocopies: Recurring ...... 05/copy. On Request ...... 25/copy. Facsimile Transmissions: Recurring ...... 85/page. On Request ...... 1.50/page. Microfilm Copies ...... 2.75/copy. Payment Discounts Calculated ...... 25/discount. Telephone Inquiry or Notification ...... 1.00/call. Foreign Item Processing: U.S. Dollars ...... 75/check. Foreign Currency ...... 3.50/check. Process Cash Payment ...... 5.00/each. Daily Reporting ...... 50.00/month. Courier/Postage ...... Actual. Storage: Envelopes and remittance material retained unsorted for 14 days and destroyed Safekeeping beyond 14 days Negotiated. Minimum Monthly Billing (Excludes Actual Charges) ...... 175.00. New Account Set-Up ...... 50.00–500.00. Special Services ...... Negotiated.

Des Moines, Minneapolis, Kansas City and St. Louis Regional Centers—Statement Rendering Fee Schedule Statements Per Month, Non-Truncated: First 5,000 ...... $.18. Next 5,000 ...... 165. Over 10,000 ...... 15. Statements Per Month, Truncated ...... 05. Statement Inserts ...... 0. Other Mailings ...... 05. Surcharge for One Cycle Per Month ...... 10%. Fine Sort Counter Items for Statement Insertion ...... 005. Sort Counter Items Without MICR ...... 02. Courier, Postage and Envelopes ...... Actual. Pre-Sort Only ...... 02/item. Statement Printing (Laser Printer) Customer Provided Paper ...... 03/page. 34836 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices FHLB Provided Paper ...... 04/page. Custom Forms/Logos ...... Actual cost. Note: Members that have changed Data Processors or have more than one MICR account number corresponding to one statement account number are subject to additional fees.

Pricing to Forward Cycle Items to Data Processor for Statement Handling Insertion of Trigger/Separator Tickets: Sorting ...... $.003/item. Trigger Ticket Expense ...... 012/account. Insertion of Rejects ...... 040/reject. Photocopies of Missing Items ...... 2.75/copy. Courier, Postage and Boxes ...... Actual. Monthly Fee for Special Handling ...... 25.00/cycle ($75.00 mini- mum). District. 9.—Federal Home Loan Bank of Dallas (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts) District. 10.—Federal Home Loan Bank of Topeka (1996 NOW/DDA Services) Deposit Processing Fees: (all fees per item unless other indicated)

Processing Center Local item Other local Transit Other transit

Colorado ...... $0.015 $0.029 $0.040 $.067 Kansas ...... 0.015 0.039 0.040 .067 Nebraska ...... 0.015 0.038 0.040 .067 Oklahoma ...... 0.015 0.038 0.040 .067

Encoding Fee ...... 0.023 per item. Rejects on Encoded Items ...... 0.15 per item. Returns/Redeposits ...... 0.80 per item. Collections ...... 6.50 per item. Coin and Currency ...... 2.50 per phone call. Courier/Armored Car Cost ...... At Cost. Research ...... 0.15 per item plus $12/hour. ACH Settlement ...... 50 per trans. Photocopy ...... 2.25 per item. Facsimile ...... 1.75 per page. Postage ...... At Cost. Proof of Deposit Processing Fees: (all fees per item unless otherwise indicated).

Data Cap- Account Items Per Month ture Archival Cycle Sort

1±50,000 ...... $0.011 $0.012 $0.009 $0.008. 50,001±100,000 ...... 0.008 0.012 0.006 0.008. 100,001±150,000 ...... 0.006 0.010 0.004 0.006. 150,001±250,000 ...... 0.005 0.010 0.003 0.006. 250,001±500,000 ...... 0.004 0.010 0.002 0.006. 500,001±Above ...... 0.004 0.009 0.002 0.006. Inclearing Processing Fees: (all fees per item unless otherwise indicated).

Data Cap- Account Items Per Month ture Archival Cycle Sort

1±50,000 ...... $0.009 $0.012 $0.009 $0.008. 50,001±100,000 ...... 0.006 0.012 0.006 0.008. 100,001±150,000 ...... 0.004 0.010 0.004 0.006. 150,001±250,000 ...... 0.003 0.010 0.003 0.006. 250,001±500,000 ...... 0.002 0.010 0.002 0.006. 500,001±Above ...... 0.002 0.009 0.002 0.006.

Inclearing Return Items City RCPC Country Transit

Colorado ...... $0.19 $0.29 $0.35 $0.73. Kansas ...... 0.15 0.15 0.30 0.73. Nebraska ...... 0.25 0.31 0.37 0.73. Oklahoma ...... 0.16 0.20 0.22 0.73.

Return Item Pull ...... $0.86. Return Item Qualification ...... 0.25. Large Item Return Notification ...... 3.00. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34837 Settlement Only ...... 100.00 per month. Facsimile ...... 1.75. Postage ...... At cost. Photocopy ...... 2.25. Research ...... 0.15 plus $12 per hour. Over the Counter Items ...... 0.03.

Statement Processing Fees: (all fees per item unless otherwise indicated) Truncated Statement ...... $0.08 per statement. Imaged Statement ...... 0.12 per statement. Cycled Statement ...... 0.20 per statement. Per Insert ...... 0.01 per insert. Postage ...... At Cost. Imaged Check Printing ...... 0.07 per page. Statement Data Printing ...... 0.07 per page. Maintenance Fee ...... 250.0 per month.

DDA Processing Fees: (all fees per item unless otherwise indicated) Full Cycled ...... $0.15. Full Truncated ...... 0.12. Basic Cycled ...... 0.11. Basic Truncated ...... 0.08. Maintenance Fee ...... 25.00 per month. Debit ...... 0.15. Credit ...... 0.15. Large Item Return Notification ...... 3.00. Research ...... 0.15 plus $12 per hour. Additional Statements ...... 2.00. Photocopy ...... 2.25. Facsimile ...... 1.75. Postage ...... At Cost.

Lockbox Processing Fees: (all fees per item unless otherwise indicated) 1–50,000 items per month ...... $0.110. 50,001–80,000 items per month ...... 0.105. 80,001–120,000 items per month ...... 0.100. 120,001–160,000 items per month ...... 0.095. 160,001–above items per month ...... 0.090. Processing Fee ...... 100.00 per month. Exception Items ...... 0.07. Photocopy ...... 2.25. Facsimile ...... 1.75. Postage ...... At Cost. District 11.—Federal Home Loan Bank of San Francisco (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts) District 12.—Federal Home Loan Bank of Seattle (1996 NOW/DDA Services) (Does not provide item processing services for third party accounts) By the Federal Housing Finance Board. Rita I. Fair, Managing Director. [FR Doc. 96–16965 Filed 7–2–96; 8:45 am] BILLING CODE 6720±01±P

FEDERAL MEDICATION AND forms are: FMCS’ Arbitrator’s Personal Comments Received CONCILIATION SERVICE (FMCS) Data Questionnaire (FMCS For R–22), In response to the 60-day notice, no FMCS’ Request for Arbitration Panel comments were received for FMCS Office of the Deputy Director; (FMCS Form R–43), FMCS’ Arbitrator’s Forms R–22, R–43, and R–19. For the Submission for OMB Review; Report and Fee Statement (FMCS Form FMCS Form F–7, there were nine non- Comment Request R–19), and FMCS’ Notice to Mediation opposing comments received basically Agencies (FMCS Form F–7). Copies of dealing with the agency’s suggested June 27, 1996. these individual collection requests, change from a quadruplicate form to a The Federal Mediation and with the appropriate agency form single copy which would require the Conciliation Service (FMCS) has number, may be obtained by calling filing party to provide photocopies to submitted four information collection Tammi E. Strozier, Office Manager, the appropriate state agencies and other requests to the Office of Management Office of the General Counsel at (202) parties. Donald G. Russell, Director of and Budget (OMB) for review and 606–5442, between 8:30 a.m. and 4:30 Conciliation of the Indian Education approval in accordance with the p.m., Monday through Friday. Employment Relations Board, wrote that Paperwork Reduction Act of 1995 (P.L. the form looks fine; Melissa McIntosh, 104–13, 44 U.S.C. Chapter 35). These Director, Wage and Hour Division of the 34838 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Department of Labor of the State of to upload the form into their computer, Agency: Federal Mediation and Indiana, commented that the cost- fill in the blanks on the screen and then Conciliation Service. cutting change seems to be a reasonable print the completed form.’’ The user Title: Request for Arbitration Panel. and efficient idea; Jan Hart DeYoung, could have the ‘‘opportunity to fill out, OMB Number: 3076–0002. Hearing Examiner of the Alaska Labor proof, and print a form all in one Agency Number: Form R–43. Relations Agency, Supported FMCS’s process.’’ FMCS will look into the Frequency: On occasion. efforts at cost-cutting and said her feasibility and cost of that approach. Affected Entities: Employers and their agency would not be affected by a Submission of Comments representatives, employees, labor change from a quadruplicate form to a unions and their representatives who single form; Patrick A. Fridell, Assistant Comments about this request should request arbitration services. Chief UI Legal Section of the Georgia be submitted to the Office of Number of Respondents: 27,000. Department of Labor, stated that a Information and Regulatory Affairs, Estimated Time Per Respondent: 10 photocopy is usually what the agency Attn.: OMB Desk Officer for (FMCS), minutes. receives and is adequate; the New Jersey Office of Management and Budget, Total Burden Hours: 4,500. State Board of Mediation has no Room 10235, Washington, DC 20503. Total Annualized capital/startup comments; and Catherine J. Serino, For more information call (202) 395– costs: $0. Director of the Connecticut Department 7316, within 30 days from the date of Total annual costs (operating/ of Labor, had no objections to the this publication in the Federal Register. maintaining systems or purchasing proposed change but note that, ‘‘only The OMB is particularly interested in services): $0. experience will tell if parties notice the comments which: Description: The Form R–43 is used • Evaluate whether the proposed proper agencies, like our Board, without for FMCS to offer panels of arbitrators collection of information is necessary the multiple copies.’’ for selection by labor and management for the proper performance of the Mark A. Lamont, Director of the to resolve grievances and disagreements functions of the agency, including Pennsylvania Bureau of Mediation, arising under their collective bargaining whether the information will have Department of Labor and Industry, agreements (CBAs) and to deal with suggested the insertion of ‘‘Copies to: practical utility; • Evaluate the accuracy of the fact-finding and interest arbitration Appropriate State or Territorial Agency, issues as well. The need for this form is Opposite Party, and copy to be Retained agency’s estimate of the burden of the proposed collection of information to obtain information, such as name, by Party Filing Notice should be in address, type of assistance desired, so BOLD print as found in the current including the validity of the methodology and assumptions used; that FMCS can provide various format.’’ He also noted that in • arbitration services effectively and Pennsylvania, at least, 85 percent of the Enhance the quality, utility and clarity of the information to be efficiently (e.g., furnishing a standard notices were from the quadruplicate list of seven arbitrators to both labor and form. Bethanie Jensen, Administrative collected; and • Minimize the burden of the management). This information Assistant, North Dakota Department of collection facilitates the processing of Labor, suggested that the form contain collection of information on those who are to respond, including through the the parties request for arbitration more information, e.g. ‘‘actual active assistance. union members covered by the contract, use of appropriate automated, percent of union members at a site electronic, mechanical, or other Agency: Federal Mediation and location, and actual total active union technological collection techniques or Conciliation Service. members at the location affected.’’ other forms of information technology, Title: Arbitrator’s Report and Fee FMCS believes that since the Taft- e.g., permitting electronic submission of Statement. Hartley Act only requires notification of responses. OMB Number: 3076–0003. contract expiration or modification by Agency: Federal Mediation and Agency Number: Form R–19. the filing party, this additional Conciliation Service. Frequency: On occasion. Title: Arbitrator’s Personal Data information collection request may Affected Entities: Individual Questionnaire. prove too burdensome for the filer, arbitrators who render awards under OMB Number: 3076–0001. appointment by the FMCS procedures. whether it be the union or employer, to Agency Number: Form R–22. complete in a timely fashion. Number of Respondents: 5,000. Frequency: Once per application and Estimated Time Per Respondent: 10 Parker Denaco of the New Hampshire once per year for updating the Public Employee Relations Board, saw minutes. biographical sketch. Total Burden Hours: 417 hours. no problems with his agency receiving Affected Entities: The individuals Total Annualized capital/startup photocopies that though that, ‘‘from a who apply for admission to the FMCS costs: $0. recipient agency standpoint,’’ the Roster of Arbitrators. receipt of photocopies instead of Number of Respondents: 250. Total annual costs (operating/ 1 maintaining systems or purchasing pressure-sensitive copies would assure Estimated Time Per Respondent: 1 ⁄2 clearer copies’’ and ‘‘that it might cause hour. services): $0. users to give more consideration as to Total Burden Hours: 375. Description: The Form R–19 is used when it is actually necessary to send the Total Annualized capital/startup by FMCS to monitor the work of the state a copy in the first place.’’ Also, he costs: $0. arbitrators who serve on its roster. This suggested, ‘‘from an efficiency Total annual costs (operating/ is satisfied through the required standpoint, could you offer an even maintaining systems or purchasing completion of a report and fee statement more technologically advanced solution, services): $0. which indicates when the arbitration namely to scan the new and improved Description: The Form R–22 is used to award was rendered, the file number, Form 7 into your computer and offer select highly qualified candidates for the company and union, the issues, any entity using the form to send a the arbitrator roster. The respondents whether briefs were filed and transcripts blank disc on which you would transfer are private citizens who make taken, and fees charged to the parties for the form in one of the common application for appointment to the days the arbitrators’ services were formats.’’ This ‘‘would allow users/filers FMCS roster. utilized. This information is then Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34839 contained in the agency’s annual report DEPARTMENT OF HEALTH AND among departments or professional to indicate the types of arbitration HUMAN SERVICES schools? issues, the average or median arbitration A2: Yes, as long as all policies meet fees and days spent on cases, and the National Science Foundation the minimum requirements of the NSF timeliness of the awards rendered. and PHS rules. Frequently Asked Questions Q3: Which offices within an Agency: Federal Mediation and Concerning the Department of Health institution should be involved in Conciliation Service. and Human Services Objectivity in administering the conflict of interest Title: Notice to Mediation Agencies. Research Regulations and the National rules? Science Foundation Investigator OMB Number: 3076–0004. A3: An institution is free to Financial Disclosure Policy administer its policy through whatever Agency Number: Form F–7. AGENCIES: Public Health Service, and office or structure it wishes, as long as Frequency: Once per collective Office of the Secretary, HHS; National the policy reaches all investigators on bargaining contract. Science Foundation. NSF- and PHS-funded projects and the requirements of the PHS and NSF rules Affected Entities: Private sector ACTION: Responses to questions. employers and labor unions involved in are met. interstate commerce who file notices for SUMMARY: This document responds to Q4: Must institutions routinely mediation services to the FMCS and frequently asked questions regarding require financial disclosures from state, local, and territorial agencies, who PHS’ and NSF’s recently-issued rules on graduate students working on NSF- or PHS-sponsored research? receive copies of these notices filed. investigator conflicts of interest. This A4: The term ‘‘investigator’’ is defined Number of Respondents: 70,000. guidance document is intended to help institutions implement conflict of to encompass individuals ‘‘responsible Estimated Time Per Respondent: 10 interest policies that comply with both for the design, conduct or reporting’’ of minutes. PHS and NSF requirements. NSF- or PHS-funded research. It is up to Total Burden Hours: 4,167 the institution to decide whether FOR FURTHER INFORMATION CONTACT: For graduate student co-authors are Total Annualized capital/startup PHS: Geoffrey Grant, Acting Director, ‘‘responsible for reporting’’ the research. costs: $0. Office of Policy for Extramural Research Q5: Will a proposal be processed if it Administration, National Institutes of Total annual costs (operating/ does not contain the new certification Health, Room 2192, 6701 Rockledge required by the NSF and PHS rules? maintaining systems or purchasing Drive, MSC 7730, Bethesda MD 20817, services): $0. A5: NSF will not process a proposal (301) 435–0949. For NSF: Christopher L. in the absence of the new certification, Description: The F–7 form was Ashley, Assistant General Counsel, but in most cases the institution will not created to establish conformity National Science Foundation, 4201 be required to re-submit the entire throughout interstate commerce and to Wilson Boulevard, Room 1265, proposal. An addendum page to the allow FMCS to gather desired Arlington, VA 22230, (703) 306–1060. Cover Sheet to the National Science information in a uniform manner. The SUPPLEMENTARY INFORMATION: On July Foundation (NSF Form 1207) has been collection of such information, 11, 1995, the Public Health Service developed that contains the required including the name of employer or (PHS) and the Office of the Secretary of certification. The NSF administrative employer association, address and the Department of Health and Human officer typically will forward a new phone number, official contact, Services (HHS) and the National certification page to the institution, and bargaining unit and establishment size, Science Foundation (NSF) issued rules will process the proposal upon receipt location of affected establishment and regarding investigator conflict of of a completed and executed new page. negotiations, industry or type of interest. As explained in the preambles The PHS would process the application business, principal product or service, to those rules, PHS and NSF have been without the proper certification but no union address, phone number, and working together to ensure that the rules award would be made until the official contact, contract expiration date impose consistent obligations on awarding component received the or renewal date, whether the notice is institutions receiving PHS and NSF certification in the form of a signed, filed on behalf of the union or employer, funding. To that end, PHS and NSF revised application face page. and whether this is health car industry announced that the agencies would be Q6: Do the PHS and NSF conflict of notice for initial contracts or existing developing a set of questions and interest rules apply to all researchers contracts, is critical for reporting and answers (Q&As) to help institutions and faculty members at institutions that implement conflict of interest policies mediation purposes. receive NSF or PHS support? that comply with both PHS and NSF A6. No. The NSF policy applies only Dated: June 27, 1996. requirements. This set of Q&As provides to grantee institutions that employ more Wilma B. Liebman, answers to frequently asked questions than fifty persons and the PHS rule Deputy Director. received by both agencies. Where there exempts Small Business Innovation [FR Doc. 96–16984 Filed 7–2–96; 8:45 am] are minor differences between the PHS Research (SBIR) and Small Business and NSF rules, they are clearly noted. BILLING CODE 6372±01±M Technology Transfer (STTR) Phase I Q1: Does NSF or PHS have a applications. In those institutions suggested format for investigator subject to the NSF policy and/or the disclosures? PHS rule, only persons involved in A1: No. The rules are designed to PHS- or NSF-funded research are defer to the expertise of grantee subject to the rules. However, institutions in developing policies and institutions may choose to cover other supporting documentation. researchers or faculty members under Q2: May an institution have different their policies for institution-specific conflict of interest policies that vary reasons. 34840 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Q7: Do the PHS or NSF rules apply to issuer, it is unlikely that an the PHS requires institutions, prior to subgrantees of PHS or NSF grantees? investigator’s activities on an NSF or the institution’s expenditure of any A7: Consistent with current PHS award would affect his or her funds under an award, to report to the regulations and policies, the PHS rule interest in the mutual fund. Institutions PHS Awarding Component the applies to subgrants; the NSF Policy therefore may determine that certain existence of any conflicting interests does not. Accordingly, institutions interests in a diversified mutual fund and assure that the interest has been conducting PHS-funded research could never directly and significantly managed, reduced or eliminated in through subgrantees, contractors, or affect the design, conduct or reporting of accordance with PHS regulations. NSF collaborators must take reasonable steps PHS- or NSF-funded research and requires that only conflicts that have not to ensure that investigators working for exempt such interests from disclosure been managed, reduced or eliminated such entities comply with the by the investigator on that basis. prior to the expenditure of funds under regulations (42 C.F.R. § 50.604(a)) either The federal government’s Office of an award be reported to NSF. by requiring the investigators to comply Government Ethics has detailed Q13: Will investigator financial with the grantee institution’s policy or regulations regarding the treatment of records be subject to public disclosure? by requiring the entities to provide diversified mutual funds under the A13: No. Normally, neither PHS nor appropriate assurances to the grantee government’s conflict of interest rules. 5 NSF would possess records of the institution. An institution conducting C.F.R. § 2634.310(c); see also 60 Fed. financial interests of investigators, NSF-funded research through Reg. 47,208 (Sept. 11, 1995) (proposed because institutions are not required to subgrantees must certify that the rule). Institutions may consult these submit those records. However, in the institution itself has in place a written, regulations for guidance on how they event NSF or PHS had such information enforced policy on investigator conflicts might wish to treat interests in mutual either as a result of an audit or of interest, but is not required to ensure funds under their policies. compliance review or in connection that subgrantees comply with the NSF Q10: Are investigators required to with a conflict of interest that cannot be Policy. However, the Policy may apply disclose interests in ‘‘blind trusts’’? managed satisfactorily under the to a subgrantee employing investigators A10: Institutions may determine that institution’s policy, it would not be who collaborate on NSF-sponsored the research will not be affected by disclosed to the public. Where a research (see Q&A 14). qualified blind trust assets not known to member of the public submits a request Q8: Do the NSF or PHS rules apply to the investigator that are managed by an under the federal Freedom of post-doctoral fellowships? independent fiduciary. Because such Information Act (FOIA) for financial A8: Not in most cases. The NSF policy assets would not be known to an information in the possession of NSF or applies only to grantee institutions that investigator, they could not directly and PHS, the agencies would assert all employ more than 50 persons and significantly affect the design, conduct applicable FOIA exemptions in therefore would not apply to post- or reporting of the research. Of course, response to such a request. doctoral fellowships awarded to an investigator is aware of the assets Q14: Is the applicant institution individuals. The PHS rule applies to originally placed in the trust at the time required to obtain financial disclosures PHS-funded research and to any person of its formation and would be required from investigators who are not who is responsible for the design, to disclose any such assets that would employed by the applicant institution? conduct or reporting of research funded reasonably appear to be affected by A14: The PHS rule provides that if the by the PHS. Thus, if a post-doctoral NSF- or PHS-funded research. Only new institution carries out the PHS-funded fellow served in such a capacity in PHS- assets purchased with the proceeds from research through a collaborator, the funded research he or she would be the original assets would be unknown to institution must take reasonable steps to subject to the rule. The PHS rule would the investigator. ensure that investigators working for the apply to a postdoctoral fellowship As with diversified mutual funds, the collaborator comply with the rule, either application to the PHS only if the Office of Government Ethics has by requiring those investigators to funding would be used for research and detailed regulations describing the type comply with the applicant institution’s the fellow served in one of the research of trusts that qualify for the ‘‘blind policy or by requiring an assurance from capacities described above. trust’’ exception to the government’s the collaborating institution which will Q9: Are investigators required to conflict of interest rules. 5 C.F.R. Part enable the applicant institution to disclose interests in mutual funds? 2634 Subpart D. Institutions may comply with the rule. NSF would A9: An interest in a pooled fund such consult these guidelines in determining expect that where an investigator does as a diversified mutual fund may be how they wish to treat certain trusts not work for the applicant institution, sufficiently remote that it would not under their policies. the applicant institution would obtain reasonably be expected to create a Q11: Are foreign investments (e.g., an assurance from the institution conflict of interest for a NSF- or PHS- shares in a foreign corporation) covered employing the investigator indicating funded investigator. For example, an by the financial disclosure requirement. that the investigator has complied with investigator may own an interest in a A11: Yes, if they would reasonably the requirements of the policy at that diversified mutual fund which has appear to be affected by NSF- or PHS- institution. assets placed in many securities. It is funded research and do not fall within Q15: Are all ‘‘senior personnel’’ listed possible that certain of the securities one of the exceptions to the definition in NSF proposals and ‘‘key personnel’’ held by the mutual fund were issued by of ‘‘significant financial interest.’’ listed in PHS proposals subject to the an entity whose interests would Q12: Which conflicts of interest must financial disclosure requirements of the reasonably appear to be affected by be reported to the federal government? conflict of interest rules? activities proposed for funding by NSF A12: Neither the PHS nor NSF rules A15: As explained in Q&A 4, the term or PHS. However, because it is likely require any institution to report to the ‘‘investigator’’ is defined functionally that an investigator’s interest in a federal government the details of any rather than categorically. Although the mutual fund is only a small portion of conflict of interest that has been agencies believe that senior and key the fund’s total assets and because only resolved pursuant to the institution’s personnel will be ‘‘responsible for the a limited portion of the fund’s assets are Policy. Consistent with the statute design, conduct or reporting of placed in the securities of a single authorizing its conflict of interest rule, research’’ under the rules in almost all Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34841 cases, it is possible to conceive sought or that the financial interest of Comments are invited on: (a) Whether situations in which senior or key the corporation would be so affected. the proposed collection of information personnel might not meet the definition The rules define a significant is necessary for the proper performance of ‘‘investigator.’’ Institutions are also financial interest as anything of of the functions of the agency, including responsible for obtaining financial monetary value including equity whether the information shall have disclosures from persons other than interests (e.g., stocks, stock options, or practical utility; (b) the accuracy of the senior or key personnel who meet the other ownership interests) but the agency’s estimate of the burden of the definition of ‘‘investigator.’’ definition excludes an equity interest proposed collection of information; (c) Q16: How should institutions with that does not exceed $10,000 in value ways to enhance the quality, utility, and fewer than 50 employees complete the and represents no more than a 5% clarity of the information to be certification page for NSF proposals? ownership interest in any single entity. collected; and (d) ways to minimize the A16: Such institutions should This means that, under the rules, an burden of the collection of information annotate NSF Form 1207 or the investigator would never have to report on respondents, including through the addendum page (See Q&A1 above) to an equity interest of $10,000 or less use of automated collection techniques indicate that they have fewer than 50 which represents 5% or less ownership for other forms of information employees and are therefore exempt interest in any single entity because that technology. Send comments to Wilma from the Investigator Financial combination of value and ownership is Johnson, CDC Reports Clearance Officer, Disclosure Policy. These institutions are excluded by definition from the term 1600 Clifton Road, MS–D24, Atlanta, not exempt from the PHS regulations. ‘‘significant financial interest.’’ On the GA 30333. Written comments should be Q17: Salary, royalties and other other hand, under the rules, an received within 60 days of this notice. payments that ‘‘are not expected to investigator would always have to Proposed Projects exceed $10,000 over the next twelve report an equity interest exceeding 1. Survey of State-Based Diabetes month period’’ are excluded from the $10,000 or an ownership interest Control Cooperative Agreement definition of ‘‘significant financial exceeding 5% in any single entity, Programs—New—Diabetes mellitus and interest.’’ How should an investigator regardless of value, if that equity related complications are the seventh estimate expected income over the next interest or ownership interest was held leading cause of death in the United twelve months? in an entity whose financial interests States, and accounts for $105 billion in A17: The agencies have no preferred would reasonably appear to be affected direct medical costs and lost estimation method. Investigators must by the specified activities for which productivity each year. Approximately make their best reasonable estimates of funding is sought. 14 million Americans have been expected income in determining Q20: When and how will the NSF and diagnosed with diabetes, a leading cause whether salary, royalties or other PHS rules be reviewed and revised? of new blindness and end-stage renal payments constitute ‘‘significant A20: The agencies anticipate that after failure in the United States and a major financial interests.’’ This issue is two or three years of experience with co-morbid factor in lower extremity separate from an investigator’s ongoing the rules, they will solicit public amputation, cardiovascular disease and duty to update financial disclosures comments regarding whether changes related death, and neonatal morbidity either annually or as new significant are necessary or appropriate. and mortality. financial interests are obtained Dated: June 13, 1996. Through the support of the Centers for throughout the period of the award. Dr. Harold Varmus, M.D., Disease Control and Prevention’s (CDC) Q18: How can an institution Director, National Institutes of Health. ‘‘State-Based Program to Reduce the determine that all required disclosures Lawrence Rudolph, Burden of Diabetes: A Health Systems have been made before submitting a General Counsel, National Science Approach,’’ public health departments proposal to NSF or PHS? Foundation. in 42 states and four U.S. territorial A18: As part of the institution’s [FR Doc. 96–16974 Filed 7–2–96; 8:45 am] affiliated jurisdictions have been routine proposal preparation procedures BILLING CODE 7555±01±P, 4140±01±P charged with providing leadership in institutions should require investigators reducing the gap between what should to ensure that they have made all be and what is the current standard of required financial disclosures in accord Centers for Disease Control and diabetes care. with the regulations prior to the time Prevention CDC will collect information from the organizational representative makes [INFO±96±18] diabetes State Program Coordinators the certification in an NSF or PHS regarding the four key areas of program proposal. NSF and PHS staff, auditors Proposed Data Collections Submitted implementation. They are (1) capacity and others concerned with the proper for Public Comment and building and infrastructure implementation of these regulations Recommendations development, (2) surveillance and data would expect such an arrangement at collection, (3) health systems change, any institution that certifies to the In compliance with the requirement and (4) working with local programs. maintenance of an appropriate written, of Section 3506(c)(2)(A) of the The survey has three main objectives: enforced policy on conflict of interest. Paperwork Reduction Act of 1995 for 1. Document the progress made by Q19: Must an investigator report to opportunity for public comment on Diabetes Control Programs in the four the institution a single share of stock? proposed data collection projects, the main areas of program implementation. A19: A single share of stock would Centers for Disease Control and 2. Assess the relationship between the have to be reported only if (i) it is Prevention (CDC) will publish periodic level of infrastructure development, and valued at more than $10,000 or summaries of proposed projects. To a program’s efforts to carry out represents more than a five percent request more information on the surveillance activities, health systems ownership interest in the corporation; proposed projects or to obtain a copy of change activities, and work with local and (ii) it would reasonably appear that the data collection plans and programs. Information will help the value of the stock could be affected instruments, call the CDC Reports improve technical assistance (TA) and by the research for which funding is Clearance Officer at (404) 639–7090. guidance offered to states by CDC. 34842 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

3. Lay the groundwork for an The data will result from self- expected that the burden in time to each evaluation instrument that can be used administered mailed surveys sent to the respondent will be about two (2) hours to collect data from Diabetes Control Program Coordinator in each state. Most per Program Coordinator or Designee, Programs at the end of the funding cycle questions will be in the form of resulting in a total burden of 92 hours. in order to assess whether progress in checklists although each of the four Results will also be made available to program implementation and sections contain a number of open- participants upon request. The total cost development is linked to reduced ended questions for explanation of to respondents is estimated at $1,840. diabetes morbidity and mortality. unique features of programs. It is

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

Diabetes program coordinators ...... 46 1 2 92

Total ...... 92

2. List of Ingredients Added to Human Services’ (HHS) smoking and This legislation also authorizes HHS to Tobacco in the Manufacture of Cigarette health program. HHS’s overall goal is to undertake research, and to report to the Products—(0920–0210)—Extension reduce death and disability resulting Congress (as deemed appropriate), on without change - Cigarette smoking is from cigarette smoking and other forms the health effects of the ingredients. the leading preventable cause of of tobacco use through programs of In 1993, OMB reinstated approval for premature death and disability in our information, education and research. collection of ingredients information nation. Each year more than 400,000 The Comprehensive Smoking premature deaths occur as the result of Education Act of 1984 (15 USC 1336 (0920–0210) after the expiration of the cigarette smoking related diseases. The Pub.L. 98–474) requires each person previous approval; this current approval Centers for Disease Control and who manufactures, packages, or imports expires on December 31, 1996. The total Prevention (CDC), Office on Smoking cigarettes to provide the Secretary of cost to the respondent is estimated at and Health has primary responsibility HHS with a list of ingredients added to $189,000. for the Department of Health and tobacco in the manufacture of cigarettes.

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

Tobacco manufacturers ...... 14 1 190 2,660

3. The Fourth National Health and pretests and the full survey will be future NHANES can be compared to Nutrition Examination Survey completely voluntary and confidential. those from previous NHANES to (NHANES IV) Pretests—New—The NHANES programs produce monitor changes in the health of the National Health and Nutrition descriptive statistics which measure the U.S. population. NHANES IV will also Examination Survey (NHANES) has health and nutrition status of the establish a national probability sample been conducted periodically since 1970 general population. Through the use of of genetic material for future genetic by the National Center for Health questionnaires, physical examinations, testing for susceptibility to disease. Statistics, CDC. NHANES IV is planned and laboratory tests, NHANES studies the relationship between diet, nutrition Users of NHANES data include for 1998–2004 and two pretests are and health in a representative sample of Congress; the World Health proposed to include 400 sample persons the United States. NHANES monitors Organization; Federal agencies such as in each. They will receive an interview the prevalence of chronic conditions NIH, EPA, and USDA; private groups and a physical examination. The first and risk factors related to health such as such as the American Heart Association; pretest is needed to test the sampling coronary heart disease, arthritis, schools of public health; private process, data collection procedures, osteoporosis, pulmonary and infectious businesses; individual practitioners; and computer-assisted personal interviews diseases, diabetes, high blood pressure, administrators. NHANES data are used (including translations into Spanish), high cholesterol, obesity, smoking, drug to establish, monitor, and evaluate examination protocols, and automated and alcohol use, environmental recommended dietary allowances, food computer systems. The second pretest exposures, and diet. NHANES data are fortification policies, programs to limit will test the revised survey used to establish the norms for the environmental exposures, immunization questionnaires and examination general population against which health guidelines and health education and procedures, quality control procedures care providers can compare such patient disease prevention programs. The total and response rates. Participation in the characteristics as height, weight, and cost to respondents for the two pretests nutrient levels in the blood. Data from is estimated at $54,600.

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

Children ...... 80 1 2.75 220 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34843

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

Adolescents and Adults ...... 720 1 4.75 3420

Total ...... 3640

4. The Second Longitudinal Study of The Supplement on Aging (SOA), part conceptual developments of the past Aging (LSOA II)—(0920–0219)— of the 1984 National Health Interview decade. Revision—The Second Longitudinal Survey (NHIS), established a baseline on LSOA II will contain modules on Study of Aging is a second generation, 7,527 persons who were then aged 70 scientifically important and policy- longitudinal survey of a nationally and older. The first LSOA reinterviewed relevant domains, including: (1) representative sample of civilian, non- them in 1986, 1988 and 1990. Data from assistance with activities of daily living, institutionalized persons 70 years of age the SOA and LSOA have been widely (2) chronic conditions and impairments, and older. Participation is voluntary, used for research and policy analysis (3) family structure, relationships, and and individually identified data are relevant to the older population. confidential. It will replicate portions of living arrangements, (4) health opinions the first Longitudinal Study of Aging Approximately 10,000 persons aged and behaviors, (5) use of health, (LSOA), particularly the causes and 70 and over were interviewed for the personal care and social services, (6) use consequences of changes in functional 1994 National Health Interview Survey’s of assistive devices and technologies, (7) status. LSOA II is also designed to second Supplement on Aging (SOA II) health insurance, (8) housing and long- monitor the impact of changes in between October of 1994 and March of term care, (9) social activity, (10) Medicare, Medicaid, and managed care 1996. LSOA II will reinterview the SOA employment history, (11) transportation, on the health status of the elderly and II sample three times: in 1997, 1999, and and (12) cognition. This new data will their patterns of health care utilization. 2001. As in the first LSOA, these result in publication of new national Both LSOAs are joint projects of the reinterviews will be conducted using health statistics on the elderly and the National Center for Health Statistics computer assisted telephone release of public use micro data files. (NCHS) and the National Institute on interviewing (CATI). Beyond that, LSOA The total cost to the respondents is Aging (NIA). II will use methodological and estimated at $112,500.

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

Sample adult ...... 10,000 1 .75 7,500

Total ...... 7,500

Dated: June 27, 1996. I. ‘‘5 A Day Evaluation’’ for supporting the of the Public Health Service Act, as Wilma G. Johnson, evaluation of 5 A Day for Better Health amended. nutrition intervention programs. Acting Associate Director for Policy Planning Applicants must apply for the 5 A Day Smoke-Free Workplace and Evaluation, Centers for Disease Control Evaluation component. and Prevention (CDC). CDC encourages all grant recipients to II. ‘‘Physical Activity Evaluation’’ for [FR Doc. 96–16947 Filed 7–2–96; 8:45 am] supporting the evaluation of a physical provide a smoke-free workplace and BILLING CODE 4163±18±P activity intervention. Application for the promote the nonuse of all tobacco Physical Activity Evaluation component products, and Public Law 103–227, the is optional. Pro-Children Act of 1994, prohibits smoking in certain facilities that receive [Announcement 658] The CDC is committed to achieving Federal funds in which education, the health promotion and disease State Grants to Support the Evaluation library, day care, health care, and early prevention objectives of ‘‘Healthy of 5 A Day Nutrition Programs and childhood development services are People 2000’’ a national activity to Physical Activity Programs provided to children. reduce morbidity and mortality and Introduction improve the quality of life. This Eligible Applicants announcement is related specifically to Eligible applicants are the official The Centers for Disease Control and the priority area of Nutrition with a public health agencies of States or their Prevention (CDC) announces the secondary emphasis on Physical bona fide agents. This includes the availability of fiscal year (FY) 1996 Activity and Fitness. (For ordering a District of Columbia, American Samoa, funds for grants to support the copy of ‘‘Healthy People 2000’’ see the the Commonwealth of Puerto Rico, the evaluation of State and community Section, ‘‘Where to Obtain Additional Virgin Islands, the Federated States of nutrition and physical activity Information.’’) Micronesia, Guam, the Northern intervention programs. Authority Mariana Islands, the Republic of the This announcement addresses one Marshall Islands, the Republic of Palau, required component and one optional This program is authorized under and federally recognized Indian tribal component: section 317(k)(2) [42 U.S.C. 247b(k)(2)] governments, that have established, 34844 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices clearly defined, evaluable, long-range 5 Note: Use of the same or complementary population, method, and community A Day for Better Health projects in a targeted populations for both the 5 A Day and channel(s). specific community channel. the Physical Activity evaluations is B. Program Plan: (45 Points) encouraged. The adequacy of the applicant’s plan Availability of Funds Applicants should propose an to carry out the evaluation within the Approximately $600,000 is available evaluation plan for a clearly defined, 12-month time period, including the in FY 1996 to fund approximately 9 established, long-range effort in a specific objectives, methods, and awards. specific community channel in measures to be used in the evaluation. A. 5 A Day Evaluation: accordance with the following C. Capacity: (30 Points) Approximately $450,000 is available definitions: The capabilities of the personnel to fund approximately 6 awards. It is A. Clearly Defined: (including consultants where expected that the average award will be Intervention objectives are clearly appropriate) to carry out the evaluation. $75,000 ranging from $60,000 to stated; activities necessary to D. Budget: (Not Weighted) $90,000 for a 5 A Day for Better Health accomplish objectives are described, to The extent to which the applicant project in a specific community channel include who is responsible for each provides a detailed budget and line-item (e.g., youth and civic clubs, after school activity and when they will be justification that is consistent with the care programs, schools or preschools, accomplished; and work is done within evaluation plan. churches, service groups, food a specific channel with a defined E. Human Subjects: (Not Scored) Whether or not exempt from the assistance programs, worksites, targeted audience. supermarkets, health clinics, media, B. Established: Department of Health and Human etc.). For the 5 A Day evaluation Services (HHS) regulations, are B. Physical Activity Evaluation: component, the applicant is licensed procedures adequate for the protection Approximately $150,000 is available with the National Cancer Institute (NCI) of human subjects? Recommendations to fund approximately 3 awards to and has developed an ongoing 5 A Day on the adequacy of protections include: evaluate physical activity interventions. Program. For both evaluation (1) Protections appear adequate and It is expected that the average award components, evaluating pretested or there are no comments to make or will be $50,000 ranging from $35,000 to piloted interventions is desirable. concerns to raise, (2) protections appear $60,000. In order to be eligible for Part C. Evaluation Plan: adequate, but there are comments B, applicants must apply for Part A. Clear, measurable evaluation regarding the protocol, (3) protections It is expected that the awards will objectives and expected outcomes are appear inadequate and the ORG has begin on or about September 30, 1996, defined with appropriate statistical concerns related to human subjects; or and will be made for a 12-month budget power. Use of current theoretical (4) disapproval of the application is period within a project period of one frameworks to guide the evaluation recommended because the research year. Funding estimates may vary and study is desirable. A combination of risks are sufficiently serious and are subject to change. process and impact objectives are also protection against the risks are Awards under this announcement desirable, with outcome objectives inadequate as to make the entire will not be sufficient to fully support an where feasible. In designing the study, application unacceptable. applicant’s proposed activities, but are consideration should be given to the meant to be used in conjunction with Executive Order 12372 Review other resources—whether direct funding number of individuals or groups needed to detect realistic changes in post Applications are subject to or in-kind contributions—that the Intergovernmental Review of Federal applicant may have available. intervention outcome measures when compared with pre-intervention Programs as governed by Executive Purpose measures. Sample sizes should give Order (E.O.) 12372. E.O. 12372 sets up a system for State and local government These awards will support State adequate power (80%) to detect these changes. If the appropriate design review of proposed Federal assistance efforts to evaluate nutrition and applications. Applicants (other than physical activity intervention programs. expertise does not exist within the State health department, inclusion of a federally recognized Indian tribal Emphasis will be placed on evaluations Governments) should contact their State of community interventions, preferably university affiliate on the project team is desirable. Single Point of Contact (SPOC) as early through environmental approaches, as possible to alert them to the such as policy or administrative D. Long Range: prospective applications and receive changes, or testing the effects of The program is not just a single any necessary instructions on the State multiple strategies designed to increase activity at one point in time, but a process. For proposed projects serving the consumption of fruits and vegetables sustained effort involving appropriate more than one State, the applicant is and to increase moderate-intensity (i.e., behavior change strategies. Programs advised to contact the SPOC of each the equivalent of a brisk walk at 3 to 4 including environmental approaches, affected State. A current list of SPOCs mph) physical activity. such as administrative or policy changes, are encouraged. is included in the application kit. If Program Requirements SPOCs have any State process Evaluation Criteria Program areas that will be supported recommendations on applications under this grant are: 5 A Day Evaluation and Physical submitted to CDC, they should send A. 5 A Day Evaluation (required): Activity applications will be allocated them to Sharron P. Orum, Grants Evaluation of a 5 A Day intervention 100 points each. Applications will be Management Officer, Grants in one or more specific community reviewed and evaluated according to the Management Branch, Procurement and channels. following criteria: Grants Office, Centers for Disease B. Physical Activity Evaluation A. Background: (25 Points) Control and Prevention (CDC), 255 East (optional): The degree to which the applicant Paces Ferry Road, NE., Room 314, Evaluation of a physical activity clearly describes a long range, clearly Mailstop E–18, Atlanta, GA 30305, no intervention in one or more specific defined, evaluable project, including a later than 30 days after the application community channels. description of the intervention targeted deadline. The appropriation for this Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34845 financial assistance program was any American Indian community is postmarks shall not be accepted as proof received late in the fiscal year and involved, its tribal government must of timely mailing.) would not allow for an application date also approve that portion of the project 2. Late Applications: Applications which would accommodate the 60-day applicable to it. The applicant will be that do not meet the criteria in 1.(a) or State recommendation process period. responsible for providing assurance in 1.(b) above are considered late The Program Announcement Number accordance with the appropriate applications. Late applications will not and Program Title should be referenced guidelines and form provided in the be considered in the current on the document. The granting agency application kit. Should human subjects does not guarantee to ‘‘accommodate or review be required, the proposed competition and will be returned to the explain’’ State process workplan should incorporate timelines applicant. recommendations it receives after that for such development and review Where To Obtain Additional date. activities. Information Indian tribes are strongly encouraged to request tribal government review of Women, Racial and Ethnic Minorities A complete program description and the proposed application. If tribal It is the policy of the Centers for information on application procedures governments have any tribal process Disease Control and Prevention (CDC) are contained in the application recommendations on applications and the Agency for Toxic Substances package. Business management submitted to CDC, they should forward and Disease Registry (ATSDR) to ensure technical assistance may be obtained them to Sharron P. Orum, Grants that individuals of both sexes and the from Albertha Carey, Grants Management Office, Grants Management various racial and ethnic groups will be Management Specialist, Grants Branch, Centers for Disease Control and included in CDC/ATSDR- supported Management Branch, Procurement and Prevention (CDC), 255 East Paces Ferry research projects involving human Grants Office, Centers For Disease Road, NE., Room 314, Mailstop E–18, subjects, whenever feasible and Control and Prevention (CDC), 255 East Atlanta, GA 30305. This should be done appropriate. Racial and ethnic groups Paces Ferry Road, NE., Room 314, no later than 30 days after the are those defined in OMB Directive No. Mailstop E–18, Atlanta, GA 30305, application deadline. The granting 15 and include American Indian, telephone (404) 842–6508, fax (404) agency does not guarantee to Alaskan Native, Asian, Pacific Islander, 842–6513, or Internet or CDC WONDER ‘‘accommodate or explain’’ for tribal Black and Hispanic. Applicants shall electronic mail at process recommendations it receives ensure that women, racial and ethnic > after that date. minority populations are appropriately . Paperwork Reduction Act Friday, September 15, 1995. Please refer to Announcement Projects that involve the collection of Application Submission and Deadline Number 658 when requesting information from 10 or more individuals The original and two copies of the information and submitting an and funded by the cooperative application. Potential applicants may agreement will be subject to review by application PHS Form 5161–1 (Revised 7/92, OMB Number 0937–0189) must be obtain a copy of ‘‘Healthy People 2000’’ the Office of Management and Budget (Full Report; Stock No. 017–001–00474– (OMB) under the Paperwork Reduction submitted to Sharron P. Orum, Grants 0) or ‘‘Healthy People 2000’’ (Summary Act. Management Officer, Grants Management Branch, Procurement and Report; Stock No. 017–001–00473–1) Human Subjects Grants Office, Centers For Disease referenced in the ‘‘Introduction’’ If the proposed project involves Control and Prevention (CDC), 255 East through the Superintendent of research on human subjects, the Paces Ferry Road, NE., Room 314, Documents, Government Printing applicant must comply with the Mailstop E–18, Atlanta, GA 30305, on or Office, Washington, DC 20402–9325, Department of Health and Human before August 2, 1996. telephone (202) 512–1800. Services Regulations, 45 CFR Part 46, 1. Deadline: Applications shall be There may be delays in mail delivery regarding the protection of human considered as meeting the deadline if and difficulty in reaching the CDC they are either: subjects. Assurance must be provided to Atlanta offices during the 1996 Summer demonstrate that the project will be (a) Received on or before the deadline Olympics. Therefore, CDC suggests date; or subject to initial and continuing review applicants use Internet, follow all by an appropriate institutional review (b) Sent on or before the deadline date instructions in this announcement, and committee. In addition to other and received in time for submission to leave messages on the contact person’s applicable committees, Indian Health the objective review group. (Applicants voice mail for more timely responses to Service (IHS) institutional review must request a legibly dated U.S. Postal any questions. committees also must review the project Service postmark or obtain a legibly if any component of IHS will be dated receipt from a commercial carrier involved or will support the research. If or U.S. Postal Service. Private metered 34846 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Dated: June 27, 1996. Administration for Children and the previous five years. The survey Joseph R. Carter Families focuses on their training, labor force participation, and welfare utilization Acting Associate Director for Management Submission for OMB Review; rates. Data are segmented by region of and Operations, Centers for Disease Control Comment Request and Prevention (CDC). origin, State of resettlement, and [FR Doc. 96–16946 Filed 7–02–96; 8:45 am] Title: Annual Survey of Refugees number of months since arrival. From their responses, ORR reports on the BILLING CODE 4163±18±P (ORR–9). OMB No.: 0970–0033. economic adjustment of refugees annual Description: The Annual Survey of deliberations of refugee admissions and Refugees collects information on the funding and by program managers in economic circumstances of a random formulating policies for the direction of sample of refugees, Amerasians, and the Refugee Resettlement Program. entrants who arrived in the U.S. during Respondents: State governments.

ANNUAL BURDEN ESTIMATES

Aver- Num- Number age ber of of re- burden Total Instrument re- sponses hours burden spond- per re- per re- hours ents spond- spond- ent ent

ORR±9 ...... 1,800 1 .75 1,350

Estimated Total Annual Burden Hours: Food and Drug Administration Fishers Lane, rm. 16B–19, Rockville, 1,350. MD 20857, 301–827–1686. [Docket No. 96N±0158] SUPPLEMENTARY INFORMATION: Additional Information Agency Information Collection Section 3506(c)(2)(A) of the Paperwork Copies of the proposed collection may Activities; Proposed Collection; Comment Request Reduction Act of 1995 (44 U.S.C. be obtained by writing to the 3506(c)(2)(A)) requires Federal agencies Administration for Children and AGENCY: Food and Drug Administration, to provide a 60-day notice in the Families, Office of Information Services, HHS. Federal Register concerning each Division of Information Resource ACTION: Notice. proposed collection of information. Management Services, 370 L’Enfant ‘‘Collection of information’’ is defined SUMMARY: Promenade, S.W., Washington, D.C. The Food and Drug in 44 U.S.C. 3502(3) and 5 CFR Administration (FDA) is announcing an 20447, Attn: ACF Reports Clearance 1320.3(c). To comply with this opportunity for public comment on the Officer. requirement, FDA is publishing notice proposed collection of certain OMB Comment information by the agency. Under the of the proposed collection of Paperwork Reduction Act of 1995, information listed below. OMB is required to make a decision Federal agencies are required to publish With respect to the following concerning the collection of information a notice in the Federal Register collection of information, FDA invites between 30 and 60 days after concerning each collection of comments on: (1) Whether the proposed publication of this document in the information and to allow 60 days for collection of information is necessary Federal Register. Therefore, a comment public comment in response to the for the proper performance of FDA’s is best assured of having its full effect notice. This notice solicits comments on functions, including whether the if OMB receives it within 30 days of a survey of hormone replacement information will have practical utility; publication. Written comments and therapy (HRT) among women with a (2) the accuracy of FDA’s estimate of the recommendations for the proposed previous diagnosis of endometrial burden of the proposed collection of information collection should be sent cancer. information, including the validity of directly to the following: DATES: Submit written comments on the the methodology and assumptions used; Office of Management and Budget, collection of information by September (3) ways to enhance the quality, utility, Paperwork Reduction Project, 725 3, 1996. and clarity of the information to be 17th Street, N.W., Washington, D.C. ADDRESSES: Submit written comments collected; and (4) ways to minimize the 20503, Attn: Ms. Wendy Taylor. on the collection of information to the burden of the collection of information Dockets Management Branch (HFA– Dated: June 26, 1996. on respondents, including through the 305), Food and Drug Administration, use of automated collection techniques, Larry Guerrero, 12420 Parklawn Dr., rm. 1–23, when appropriate, and other forms of Director, Office of Information Management Rockville, MD 20857. All comments information technology. Services. should be identified with the docket [FR Doc. 96–16969 Filed 7–2–96; 8:45 am] number found in brackets in the Survey of HRT Among Women With A BILLING CODE 4184±01±M heading of this document. Previous Diagnosis of Endometrial FOR FURTHER INFORMATION CONTACT: Cancer Charity B. Smith, Office of Information Under FDA’s statutory authority to Resources Management (HFA–250), conduct and sponsor research (21 U.S.C. Food and Drug Administration, 5600 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34847

393(b)(2)(C) and 42 U.S.C. 300u–1), FDA endometrial cancer. The study will other reasons. (‘‘Hormone replacement and the Fred Hutchinson Cancer evaluate the occurrence of menopausal therapy’’ means treatment with estrogen Research Center in Seattle, WA, have vasomotor symptoms (‘‘hot flashes’’) alone or with a combination of estrogen jointly designed a study involving a among these women, and the extent to and progestogen.) written survey to be completed by which they have used HRT, either as FDA estimates the burden of this survey women with a previous diagnosis of therapy for menopausal symptoms or for as follows: ESTIMATED ANNUAL REPORTING BURDEN

Annual Frequency per No. of Respondents Response Total Annual Responses Hours per Response Total Hours

575 1 575 .5 288 There are no capital costs or operating and maintenance costs associated with this collection.

Dated: June 26, 1996. number found in brackets in the to ensure high quality standards for William K. Hubbard, heading of this document. mammography in the United States. In Associate Commissioner for Policy FOR FURTHER INFORMATION CONTACT: the Federal Register of April 3, 1996 (61 Coordination. Charity B. Smith, Office of Information FR 14856), FDA proposed final [FR Doc. 96–16884 Filed 7–2–96; 8:45 am] Resources Management (HFA–250), regulations to implement these BILLING CODE 4160±01±F Food and Drug Administration, 5600 standards. Interim regulations are Fishers Lane, rm. 16B–19, Rockville, codified at 21 CFR 900. In connection MD 20857, 301–827–1686. with this rulemaking, FDA proposes to [Docket No. 96N±0186] SUPPLEMENTARY INFORMATION: Section conduct a survey of facilities to Agency Information Collection 3506(c)(2)(A) of the Paperwork determine current operating costs and Activities: Proposed Collection; Reduction Act of 1995 (44 U.S.C. procedures. The information to be Comment Request 3506(c)(2)(A)) requires Federal agencies collected from the proposed survey to provide a 60-day notice in the includes general provider AGENCY: Food and Drug Administration, Federal Register concerning each characteristics, equipment HHS. proposed collection of information. characteristics, facility operating ACTION: Notice. ‘‘Collection of information’’ is defined procedures, personnel qualifications, in 44 U.S.C. 3502(3) and 5 CFR and costs of compliance with current SUMMARY: The Food and Drug 1320.3(c). To comply with this quality standards. This information is Administration (FDA) is announcing an requirement, FDA is publishing notice necessary in order to ensure that costs opportunity for public comment on the of the proposed collection of to affected facilities are minimized to proposed collection of certain information listed below. the extent consistent with maintenance information by the agency. Under the With respect to the following of high quality mammography services, Paperwork Reduction Act of 1995, collection of information, FDA invites and that patient access to Federal agencies are required to publish comments on: (1) Whether the proposed mammography services is not notice in the Federal Register collection of information is necessary diminished as a result of agency action. concerning each proposed collection of for the proper performance of FDA’s The proposed survey will be a one- information and to allow 60 days for functions, including whether the time data collection effort. Surveys will public comment in response to the information will have practical utility; be mailed to 1,000 randomly selected notice. This notice solicits comments on (2) the accuracy of FDA’s estimate of the facilities. Facilities will be contacted by a proposed survey of mammography burden of the proposed collection of telephone in order to respond to any facilities to assess the impact of information, including the validity of specific issues, or questions that may proposed regulations required by the the methodology and assumptions used; arise. Responses will not be mandatory, Mammography Quality Standards Act of (3) ways to enhance the quality, utility, and no facility will be required to 1992 (the MQSA). and clarity of the information to be respond. All responses will be kept DATES: Submit written comments on the collected; and (4) ways to minimize the confidential, although a compilation of collection of information by September burden of the collection of information data that does not reveal facility-specific 3, 1996. on respondents, including through the information will be made available ADDRESSES: Submit written comments use of automated collection techniques, upon request to participants and to the on the collection of information to the when appropriate, and other forms of public. A toll-free telephone number Dockets Management Branch (HFA– information technology. will be installed to allow respondents 305), Food and Drug Administration, the opportunity to call if specific issues 12420 Parklawn Dr., rm. 1–23, FDA Survey of Mammography Facilities arise. Rockville, MD 20857. All comments The MQSA of 1992 (Pub. L. 102–539) FDA estimates the burden of this one- should be identified with the docket has resulted in regulatory efforts by FDA time survey as follows: ESTIMATED ANNUAL REPORTING BURDEN

Annual Burden Element No. of Frequency per Total Annual Hours per Total Hours Total Costs Respondents Response Responses Response

Initial Contact by Telephone 1,000 1 1,000 0.083 83 $1,385 Compile Requested Information 702 1 702 1.0 702 $11,716 34848 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

ESTIMATED ANNUAL REPORTING BURDENÐContinued

Annual Burden Element No. of Frequency per Total Annual Hours per Total Hours Total Costs Respondents Response Responses Response

Mail-in Response 200 1 200 0 N/A N/A Telephone Followup 800 1 800 0.083 67 $1,118 Responses by Telephone Inter- view 480 1 480 0.5 240 $4,006 Mail-In Response After Receiving Followup 22 1 22 0 N/A N/A Total Burden 1,092 $18,225 There are no capital costs or continuing operating and maintenance costs associated with this survey. These burden estimates include the time for reviewing instructions, searching existing data sources, gathering the data needed, and completing and reviewing the collection of infor- mation. The hour and cost burden estimates were derived from a pretest of nine randomly selected facilities.

Dated: June 26, 1996. approval of 29 new animal drug the entries which reflect approval of the William K. Hubbard, applications (NADA’s). Twenty-four NADA’s. Associate Commissioner for Policy NADA’s are held by Bayer Corp., EFFECTIVE DATE: July 15, 1996. Coordination. Agriculture Division, Animal Health [FR Doc. 96–16970 Filed 7–2–96; 8:45 am] (formerly Miles, Inc., Agriculture FOR FURTHER INFORMATION CONTACT: BILLING CODE 4160±01±F Division, Animal Health Products), Mohammad I. Sharar, Center for three are held by Hubbard Milling Co., Veterinary Medicine (HFV–216), Food [Docket No. 96N±0121] and one each is held by Hoffmann- and Drug Administration, 7500 Standish LaRoche, Inc., and Ohmeda, Inc. The Pl., Rockville, MD 20855, 301–827– Bayer Corp., et al.; Withdrawal of firms notified the agency in writing that 0159. Approval of 29 NADA's the animal drug products are not being SUPPLEMENTARY INFORMATION: The manufactured or marketed and sponsors of the applications listed in the AGENCY: Food and Drug Administration, requested that approval of the HHS. table in this document have informed applications be withdrawn. In a final FDA that these animal drug products are ACTION: Notice. rule published elsewhere in this issue of not being manufactured or marketed SUMMARY: The Food and Drug the Federal Register, FDA is amending and have requested that FDA withdraw Administration (FDA) is withdrawing the animal drug regulations by removing approval of the applications.

NADA no. Drug name Sponsor name and address

6±462 ...... Diethylcarbamazine tablets ...... Bayer Corp., Agriculture Division, Animal Health, P.O. Box 390, Shawnee Mission, KS 66201. 10±540 ...... Calcium disodium edetate injection ...... Do. 11±380 ...... Diethylcarbamazine powder ...... Do. 12±054 ...... Protokylol hydrochloride tablets and injection ...... Do. 12±103 ...... Triamcinolone tablets ...... Do. 12±392 ...... Triamcinolone injection ...... Do. 12±598 ...... Disophenol sodium injection ...... Do. 15±161 ...... Trichlorfon powder ...... Do. 15±965 ...... Coumaphos Type A medicated article ...... Do. 30±045 ...... Triamcinolone/neomycin sulfate ointment ...... Do. 34±394 ...... Niclosamide tablets ...... Do. 35±263 ...... Styrylpyridinium chloride/diethylcarbamazine (as base) Do. oral liquid. 45±287 ...... Coumaphos crumbles ...... Do. 48±645 ...... Tylosin Type A medicated articles (5, 10, 20, and 40 Hubbard Milling Co., 424 North Riverfront Dr., P.O. grams per pound). Box 8500, Mankato, MN 56002±8500. 49±555 ...... Styrylpyridinium chloride/diethylcarbamazine control diet Bayer Corp. HRH/MSD. 91±628 ...... Diethylcarbamazine citrate syrup ...... Do. 93±372 ...... Chlortetracycline calcium complex Type A medicated arti- Hoffmann-LaRoche, Inc., Nutley, NJ 07110. cles. 94±402 ...... Tylosin and sulfamethazine Type A medicated articles .... Hubbard Milling Co. 95±078 ...... Trichlorfon oral liquid ...... Bayer Corp. 96±031 ...... Styrylpyridinium chloride/diethylcarbamazine citrate tab- Do. lets. 100±201 ...... Trichlorfon paste ...... Do. 100±356 ...... Styrylpyridinium chloride/diethylcarbamazine control diet Do. HRH. 100±670 ...... Niclosamide Type A medicated article ...... Do. 101±078 ...... Dichlorophene and toluene capsules ...... Do. 120±327 ...... Diethylcarbamazine chewable tablets ...... Do. 120±670 ...... Styrylpyridinium, diethylcarbamazine edible tablets ...... Do. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34849

NADA no. Drug name Sponsor name and address

121±291 ...... Enflurane liquid (anesthetic) ...... Ohmeda, Inc., Pharmaceutical Products Division, P.O. Box 804, Liberty Corner, NJ 07938±0804. 121±813 ...... Styrylpyridinium, diethylcarbamazine film-coated tablets Bayer Corp. 133±509 ...... Pyrantel tartrate Type A medicated articles ...... Hubbard Milling Co.

Therefore, under authority delegated that may be useful to industry and the pharmacists do manipulate drugs (e.g., to the Commissioner of Food and Drugs public. The text of the CPG is included combine or dilute finished dosage (21 CFR 5.10) and redelegated to the in this notice. This CPG does not bind forms, prepare finished dosage forms Center for Veterinary Medicine (21 CFR FDA, nor does it create or confer any from bulk drug substances, or prepare 5.84), and in accordance with § 514.115 rights, privileges, benefits, or injectables from powdered oral dosage Withdrawal of approval of applications immunities on or for any person. forms) to obtain products that differ (21 CFR 514.115), notice is given that DATES: Written comments may be from the starting materials. approval of NADA’s 6–462, 10–540, 11– submitted at any time. FDA acknowledges the use of compounding within certain areas of 380, 12–054, 12–103, 12–392, 12–598, ADDRESSES: Submit written requests for veterinary practice. The current state of 15–161, 15–965, 30–045, 34–394, 35– single copies of CPG section 608.400 veterinary medicine requires products 263, 45–287, 48–645, 49–555, 91–628, entitled ‘‘Compounding of Drugs for Use to treat many conditions in a number of 93–372, 94–402, 95–078, 96–031, 100– in Animals’’ to the Industry Information different species, some of which are 201, 100–356, 100–670, 101–078, 120– Staff (HFV–12), Center for Veterinary 327, 120–670, 121–291, 121–813, and known to have unique physiological Medicine, Food and Drug characteristics. While the agency 133–509, and all supplements and Administration, 7500 Standish Pl., amendments thereto is hereby acknowledges the need for Rockville, MD 20855. Send two self- compounding under certain withdrawn, effective July 15, 1996. addressed adhesive labels to assist that In a final rule published elsewhere in circumstances, it is also aware of recent office in processing your requests. adverse reactions and animal deaths this issue of the Federal Register, FDA Submit written comments on CPG is removing 21 CFR 520.500, 520.620a, caused by compounded drug products section 608.400 entitled ‘‘Compounding and is concerned about the risks 520.620b, 520.1520, 520.2022, of Drugs for Use in Animals’’ to the 520.2160a, 520.2160b, 520.2160c, associated with compounding practices Dockets Management Branch (HFA– in veterinary medicine. In addition, the 520.2160d, 520.2480, 520.2520c, 305), Food and Drug Administration, 520.2520d, 522.281, 522.740, 522.2022, agency is greatly concerned about 12420 Parklawn Dr., rm. 1–23, pharmacies that produce large 522.2480, 529.810, 558.367, and Rockville, MD 20857. Two copies of any 558.565, and amending 21 CFR 520.580, quantities of unapproved new animal comments are to be submitted, except drugs that are essentially copies of FDA- 520.622a, 520.622b, 520.2520a, 558.185, that individuals may submit one copy. 558.485, 558.625, and 558.630 to reflect approved products. These pharmacy Requests and comments should be products are actively advertised and the withdrawal of approval of the above identified with the docket number mentioned NADA’s. promoted, and sometimes are priced found in brackets in the heading of this lower than the approved product. The Dated: June 3,1996. document. A copy of CPG section firms claim that they are practicing Michael J. Blackwell, 608.400 and received comments are within the scope of their State licenses. Acting Director, Center for Veterinary available for public examination in the However, it is apparent that some of Medicine. Dockets Management Branch between 9 these firms use their pharmacy licenses [FR Doc. 96–16887 Filed 7–2–96; 8:45 am] a.m. and 4 p.m., Monday through to circumvent the entire drug approval BILLING CODE 4160±01±F Friday. process, and are mass marketing FOR FURTHER INFORMATION CONTACT: products that have been produced under Richard E. Geyer, Center for Veterinary [Docket No. 96D±0159] little or no quality control, Medicine (HFV–200), Food and Drug manufacturing standards to ensure Administration, 7500 Standish Pl., Compounding of Drugs for Use in purity, potency, and stability. Rockville, MD 20855, 301–594–1764. Animals; Compliance Policy Guide; When the Animal Medicinal Drug Use Availability SUPPLEMENTARY INFORMATION: FDA is Clarification Act of 1994 (AMDUCA) is announcing the availability of CPG implemented and becomes effective, it AGENCY: Food and Drug Administration, section 608.400 entitled ‘‘Compounding will allow compounding from approved HHS. of Drugs for Use in Animals.’’ The drugs because it will permit the ACTION: Notice. purpose of this CPG is to provide clear extralabel use of approved animal and policy and regulatory guidelines to human drugs. Extralabel use, including SUMMARY: The Food and Drug FDA’s field and headquarters staff with compounding, under AMDUCA will be Administration (FDA) is announcing the regard to the compounding of animal subject to conditions specified by the availability of a Compliance Policy drugs by veterinarians and pharmacists implementing regulations. The scope of Guide (CPG) section 608.400 entitled for use in animals. It also contains compounding made legal upon the ‘‘Compounding of Drugs for Use in information that may be useful to effective date of AMDUCA will be Animals.’’ The purpose of this CPG is to industry and to the public. addressed by those regulations. provide guidance to FDA’s field and The Federal Food, Drug, and Cosmetic CPG section 608.400 represents FDA’s headquarters staff with regard to the Act (the act) does not distinguish current position and interpretation of compounding of animal drugs by compounding from manufacturing or the act. The CPG is intended to provide veterinarians and pharmacists for use in other processing of drugs for use in clear guidance to FDA field and animals. The CPG contains information animals. However, veterinarians and headquarters staff and also could 34850 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices provide information to the animal are practicing within the scope of their state Definitions: health industry. However, this licenses. However, it is apparent that some of The Act and accompanying regulations do document, which is intended merely for these firms use their pharmacy licenses to not define compounding as different from circumvent the entire drug approval process, other processing of drug compounds. internal FDA guidance, does not bind and are mass marketing products which have Bulk drug is an active ingredient (in FDA, nor does it create or confer any been produced with little or no quality unfinished form) intended for manufacture rights, privileges, benefits, or control, manufacturing standards to ensure immunities on or for any persons. FDA purity, potency and stability. into finished dosage form drug products may reconsider its position at a later The pharmacokinetics and depletion times (from United States v. Algon Chemical Inc., 879 F.2d 1154 (3d Cir. 1989)). See also 21 date in light of comments received or for residues from compounded products are not known and the assigning of CFR 207.3(a)(4). Bulk drugs (or ‘‘bulk drug other data or information which comes substances’’) may be supplied in various size to the attention of the agency. extemporaneous withdrawal times may result in potentially harmful residues in food. containers and may or may not meet USP COMPLIANCE POLICY GUIDE 1 Excipients and vehicles from unapproved or standards. unknown origins may pose additional risks. Compounding is defined, for the purposes CHAPTER - 6 Section 510(g)(1) of the Act exempts from of this CPG, as any manipulation to produce SUB CHAPTER - 600 the registration requirements licensed a dosage form drug other than that pharmacies which do not compound drugs manipulation that is provided for in the Sec. 608.400 Compounding of Drugs for except exclusively within the regular course directions for use on the labeling of the Use in Animals of their business of dispensing or selling approved drug product, for example, the Background: drugs at retail. Section 510(g)(2) exempts reconstitution of a sterile powder with sterile from the registration requirements licensed water for injection. The Federal Food, Drug, and Cosmetic Act practitioners who manufacture, prepare, Compounding ordinarily not subject to (the Act) does not distinguish compounding propagate, compound, or process drugs regulatory action, is defined as compounding from manufacturing or other processing of during the regular course of business of by a licensed pharmacist or veterinary drugs for use in animals. However, dispensing drugs at retail. The Act and practitioner, when the criteria described in veterinarians and pharmacists do manipulate regulations do not, however, exempt such this document are met, within the confines drugs (e.g., combine or dilute finished dosage practitioners or pharmacists from the of a legitimate practice. However, this forms, prepare finished dosage forms from approval requirements in the new animal bulk drug substances, or prepare injectables document shall not be construed to bind the drug provisions of Sections 501(a)(5) and FDA or otherwise constrain its enforcement from powdered oral dosage forms) to obtain 512. Therefore, compounding allowed under products that differ from the starting discretion. In addition, this document the Act is limited to the preparation of drug imposes no new obligations. materials. products which do not meet the definition of There is a potential for causing harm to Compounding subject to regulatory action, new animal drugs. In the absence of an is defined as compounding by a licensed public health and to animals when drug approved new animal drug application pharmacist or other practitioner, when the products are compounded, distributed, and (NADA), the compounding of a new animal criteria described in this document are not used in the absence of adequate and well- drug from any article, including an approved met, even if it is otherwise within the controlled safety and efficacy data, adherence or unapproved finished human or animal confines of a legitimate practice. to the principles of contemporary drug, or a bulk drug, results in an adulterated pharmaceutical chemistry and current good new animal drug in violation of section Compounding outside the confines of a manufacturing practices. 501(a)(5). legitimate pharmacy or veterinary practice, The Agency acknowledges the use of Compounding from Approved Dosage whether by a pharmacist, veterinarian or compounding within certain areas of Form Drugs: When the Animal Medicinal other party, is subject to regulatory action. veterinary practice. The practice of veterinary Drug Use Clarification Act of 1994 ‘‘Legitimate practice’’ is defined as follows: medicine requires products to treat many (AMDUCA) goes into effect, it will allow the (a) Pharmacist: A person licensed and conditions in a number of different species, ‘‘extra-label’’ use of approved animal and operating in conformity with state law, and some of which have unique physiological human drugs. It will also allow compounding dispensing in response to a valid characteristics. FDA, other federal, state from those approved drugs. Under AMDUCA prescription. agencies, and producer groups encourage ‘‘extra-label’’ use, including compounding, (b) Veterinarian: A person licensed and drug sponsors to obtain approvals for all new will be subject to conditions specified by operating in conformity with state law, and animal drugs. regulation. AMDUCA will become effective prescribing or dispensing in response to a While the Agency acknowledges the use of upon promulgation of the regulations. The valid Veterinarian-Client-Patient compounding under certain circumstances, it scope of compounding made legal upon the Relationship (VCPR.) is also aware of adverse reactions and animal effective date of AMDUCA will also be Valid Veterinarian-Client-Patient deaths caused by compounded drug products addressed by the regulations. The proposed Relationship (VCPR) and is concerned about the risks associated regulations were published in the Federal A valid VCPR exists when: (1) the with compounding practices in veterinary Register on May 17, 1996. They have no veterinarian assumes the responsibility for medicine. An example is the recent death of effect until finalized. making medical judgments regarding the cattle due to the presence of endotoxin in a Compounding from Bulk Drugs: Two health of the animal(s) and the need for parenteral product prepared from Federal Appeals Court decisions, United medical treatment, and the client (owner or spectinomycin approved for oral use. In States v. Algon Chemical Inc., 879 F.2d 1154 other caretaker) agrees to follow the addition, the Agency is greatly concerned (3d Cir. 1989), United States v. 9/1 Kg. instructions of the veterinarian; and (2) the about pharmacies that produce large Containers, 854 F.2d 173 (7th Cir. 1988), veterinarian has sufficient knowledge of the quantities of unapproved new animal drugs affirmed the FDA position that the Act does circumstances to initiate at least a general or that are essentially copies of FDA-approved not permit veterinarians to compound preliminary diagnosis of the medical products. These pharmacy products are unapproved finished drug products from condition of the animal(s), i.e., the actively advertised and promoted, and bulk drugs, unless the finished drug is not a veterinarian has recently seen and is sometimes are priced lower than the new animal drug. The principle established personally acquainted with the keeping and approved product. The firms claim that they by the court applies equally to compounding care of the animal(s) by virtue of an by pharmacists. However, one of the courts examination of the animal(s), and/or by 1 This Update to the Compliance Policy Guides acknowledged the Agency’s policy that, if the medically appropriate and timely visits to the Manual (March 1995 edition) is a new CPG. This need is great and the risk small, the Agency premises where the animal(s) are kept; and update will be included in the next printing of the (3) the practicing veterinarian is readily Compliance Policy Guides Manual. The statements may exercise regulatory discretion with made in the CPG are not intended to create or respect to veterinarians compounding from available for follow-up in case of adverse confer any rights, privileges, or benefits on or any approved drugs under Compliance Policy reactions or failure of the regimen of therapy. private person, but are intended for internal Guide (CPG) 615.100, Extra-label Use of New Source: American Veterinary Medical guidance. Animal Drugs in Food-Producing Animals. Association. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34851

Policy: (3) All drugs dispensed to the animal regulations to the extent possible. Deviations Circumstances exist when it may be owner by the veterinarian or a pharmacist, from GCP may be deferred to state authorities necessary for a veterinarian to compound, or bear labeling information which is adequate for action. direct for a pharmacist to compound, an to assure proper use of the product. The In general, the agency will place its highest article that will result in an unapproved new following label information should be regulatory priority on compounding products animal drug. There is occasionally a need to included: for use in food animals. utilize drugs labeled for human use, and (a) Name and address of the veterinary A. The following situations would likely much less commonly, bulk drug substances, practitioner; indicate compounding subject to regulatory for compounding into an appropriate dosage (b) the active ingredient or ingredients; action and the existence of one or more form. Some examples of these situations (c) the date dispensed and the expiration would ordinarily be of high regulatory include: combinations of anesthetic drugs for date, which should not exceed the length of priority. titrated administration; preparation of dilute the prescribed treatment except in cases -Preparation for sale of large quantities of dosage forms for small, young, or exotic where the veterinarian can establish a unapproved new animal drugs on an ongoing species patients; and usage of some antidote rationale for a later expiration date; basis and where no valid medical need or preparations. The Agency will exercise (d) directions for use specified by the VCPR exists. Compounding very limited regulatory discretion and ordinarily would practitioner, including the class/species or quantities in anticipation of future need is not take regulatory action against violations identification of the animals; and the dosage, acceptable provided that a history of past of the Act resulting from compounding an frequency, route of administration, and need can be documented; unapproved new animal drug if a duration of therapy; -Compounding of medicaments that are determination is made that, in order to (e) cautionary statements specified by the essentially similar to FDA-approved products provide appropriate medical therapy, it is veterinarian and/or pharmacist (this would except in rare instances where a legitimate necessary to compound a new animal drug include all appropriate warnings necessary to need can be established, for example, to treat when the following conditions are met: ensure safety of human operators handling animals on a timely basis or to avoid (1) A legitimate medical need is identified the finished drug, especially if there are problems caused by certain excipients. (the health of animals is threatened and potential hazards of exposure to any -Substitution or recommendation by a suffering or death would result from failure components); pharmacist of a compounded medicament for to treat the affected animals), (f) the veterinarian’s specified withdrawal/ a prescription instead of using an FDA- (2) There is a need for an appropriate discard time(s) for meat, milk, eggs, or any approved product; dosage regimen for the species, age, size, or food which might be derived from the treated -Compounding from bulk drugs for use in medical condition of the patient, and animal(s) (while the veterinarian must set the food animals, with the rare exception of (3) There is no marketed approved animal withdrawal time, the veterinarian in doing so those medicaments that are permitted to be drug which, when used as labeled or in an may use relevant information provided by a compounded by the Center for Veterinary ‘‘extra-label’’ manner in conformity with dispensing pharmacist although the Medicine (CVM) through compassionate criteria listed in CPG 615.100, or human- veterinarian retains ultimate responsibility); regulatory discretion or other means (such as label drug, when used in conformity with (g) if dispensed by a licensed pharmacist, certain antidotes, large volume electrolyte criteria listed in CPG 608.100, may treat the the name and address of the dispenser, serial products and other substances). Because condition diagnosed in the available dosage number and date of order or its filing; these items may be revised, an official form, or there is some other rare extenuating (h) if dispensed by a veterinarian, the serial contact office at CVM has been designated to circumstance. (For example, the approved number; and provide current information. That contact drug cannot be obtained in time to treat the (i) any other applicable requirements of office is HFV–236, Case Guidance Branch, animal(s) in a timely manner, or there is a state or federal law. Division of Compliance, (301) 594–1785. medical need for different excipients.) (4) The pharmacist adheres to the National -Preparation for sale of unapproved new After making the above determinations, the Association of Boards of Pharmacy Good animal drugs on any scale which employ following criteria should be met and Compounding Practices (GCP), or to fanciful or trade names, colorings or other precautions observed: additives, or in any way imply that the (1) Dispensing by a licensed veterinarian; equivalent state good compounding practice products have some unique effectiveness or or the receipt of a valid prescription of a regulations, except where provisions conflict composition; licensed veterinarian by a pharmacist. with this CPG. Among other practices, -Advertising, promotion, display, sale, or Dispensing should be within the confines of pharmacists should keep records of other means of marketing, prepared a valid veterinarian-client-patient compounding formulas, logs of compounded relationship. Veterinarians should exercise items and specific ingredients, record of unapproved new animal drugs; and soliciting professional judgment to determine when assurance of quality of raw materials; and business to compound specific drug compounding requires the services of a information on adverse effects and product products, product classes or therapeutic pharmacist. Professional assistance is failures. Pharmacists should label classes of drug products; appropriate when the complexity of compounded products with expiration dates -Offering compounded medicaments at compounding exceeds the veterinarian’s that do not exceed the prescribed period of wholesale to other state licensed knowledge, skill, facilities, or available treatment, and with withdrawal times veterinarians or pharmacists or other equipment. furnished by the prescribing veterinarian. commercial entities for resale; (2) The veterinarian takes measures to Veterinarians and pharmacists who -Offering financial incentives such as ensure that: compound or prescribe compounded rebates and consulting fees; and (a) When used in food-producing animals: medicaments and pharmacists who -Dispensing of large quantities of no illegal residues occur; a significantly compound medicaments according to these compounded medicaments, where questions extended time period is assigned for drug guidelines criteria set out above would be of stability of the finished product would withdrawal; and steps are taken to assure that considered to be engaged in extemporaneous arise; the assigned time frames are observed; compounding not ordinarily subject to -Failing to follow good compounding (b) The safety and efficacy of the regulatory action. practices, including current standards of compounded new animal drug is consistent pharmaceutical and pharmacological with current standards of pharmaceutical and Regulatory Action Guidance: practices, as described above; pharmacological practices, e.g., known Investigations will be conducted in -Labeling a product with an expiration date incompatibilities are avoided; coordination with state officials as specified that exceeds the prescribed treatment period; (c) Appropriate steps are taken to minimize in the October 26, 1995 letter from Associate -Labeling a product with a withdrawal time risk of personnel exposure to potentially Commissioner for Regulatory Affairs (FDA) established by the pharmacist instead of the harmful ingredients in the preparation and Executive Director, National Boards of veterinarian; process; and Pharmacy, to state pharmacy and drug -Dispensing a disproportionate amount of (d) Procedures are instituted to assure that regulatory officials, and FDA officials. compounded products out of state. The appropriate patient records for the treated FDA actions based on violative conditions primary concern is the difficulty of animals are maintained. will be consistent with state laws and maintaining proper relationships, for 34852 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices example, pharmacist/veterinarian/client and If circumstances exist on a case-by-case petition (FAP 6A4500) has been filed by VCPR. Rare instances of specialized basis that indicate otherwise, the Field Life Technologies, Inc., 8400 Helgerman compounding to meet emergency needs should request guidance from CVM before Ct., Gaithersburg, MD 20874. The would not be considered disproportionate. considering regulatory action. The preceding B. The following situations would indicate is not intended to be a complete list of petition proposes to amend the food excessive risk to public health or to animals, activities relating to compounding; there may additive regulations in § 173.25 Ion- or an otherwise adverse risk/benefit ratio, of be other factors which are appropriate when exchange resins (21 CFR 173.25) to high regulatory priority: assessing an individual case. provide for a change in the level of the -Instances where illegal residues occur in Guidance for Charging Violations: reactants for sulphopropyl cellulose ion- meat, milk, eggs, honey, or aquaculture exchange resin for the recovery and products and the residues were caused by the A warning letter is ordinarily the first use of a compounded drug in association choice of action, when referral to state purification of proteins for food use. with the violation being investigated; authorities is not appropriate. Injunction The amendment proposes that the -Compounding of medicaments for food- would be the usual choice of court action, amount of epichlorohydrin plus producing animals, especially those used in although seizure should be considered in the propylene oxide employed does not lactating dairy animals, which cause a case of high priority drugs such as exceed 250 percent by weight of the significant risk of illegal residues because, for chloramphenicol or DES intended for use in starting quantity of cellulose. The example, withholding times have not been food animals. Criminal action can be established by the veterinarian using considered in egregious situations. current regulation provides that the adequate scientific information; and Compounded drugs subject to regulatory amount of epichlorohydrin plus -Preparation of drug products that are action under this policy will ordinarily be propylene oxide employed does not essentially similar to products that have been charged as unapproved new animal drugs, exceed 61 percent by weight of the removed from the market due to regulatory violative under Section 501(a)(5). Deviations starting quantity of cellulose. concerns, for example, chloramphenicol, from GCP, if not subject of state action will dimetridazole, DES in food animals. ordinarily be charged under Section The potential environmental impact C. The following activities would indicate 501(a)(2)(b). The tissue residue violations are of this action is being reviewed. To compounding subject to regulatory action, covered under Section 402(a)(2)(D). encourage public participation and possibly of high regulatory priority. Dated: June 26, 1996. consistent with regulations promulgated However, guidance from CVM should be under the National Environmental solicited to assess the potential public health Gary Dykstra, threat and/or animal safety (i. e., risk vs Acting Associate Commissioner for Policy Act (40 CFR 1501.4(b)), the benefits). Regulatory Affairs. agency is placing the environmental -Instances where animals have been [FR Doc. 96–16973 Filed 7–2–96; 8:45 am] assessment submitted with the petition harmed or their safety unnecessarily BILLING CODE 4160±01±F that is the subject of this notice on compromised, such as compounding a display at the Dockets Management nonsterile product for parenteral or Branch (address above) for public ophthalmic administration where a sterile [Docket No. 96F±0184] review and comment. Interested persons product is indicated, or other instances of not may, on or before August 2, 1996, adhering to good compounding practices. Life Technologies, Inc.; Filing of Food -Compounded substances that do not bear Additive Petition submit to the Dockets Management the required label information, including the Branch (address above) written name of the authorizing veterinarian, the AGENCY: Food and Drug Administration, comments. Two copies of any comments active ingredients, directions for use, HHS. are to be submitted, except that cautionary statements, and withdrawal times. individuals may submit one copy. D. The following compounding situations ACTION: Notice. would not ordinarily be considered for Comments are to be identified with the SUMMARY: The Food and Drug regulatory action. Appropriate state and local docket number found in brackets in the practice and pharmacy laws must be adhered Administration (FDA) is announcing heading of this document. Received to, however. that Life Technologies, Inc., has filed a comments may be seen in the office -Compounding for non-food animals and petition proposing that the food additive above between 9 a.m. and 4 p.m., minor food animal uses where public health regulations be amended to provide for a Monday through Friday. FDA will also and animal safety have not been threatened, change in the level of reactants for place on public display any and are of great need and small risk. This sulphopropyl cellulose ion-exchange amendments to, or comments on, the would include such common practices as: resin for the recovery and purification of petitioner’s environmental assessment veterinarians’ combining agents for proteins for food use. anesthesia, large volume parenterals, without further announcement in the DATES: preparing appropriate dosage-forms for the Written comments on the Federal Register. If, based on its review, petitioner’s environmental assessment size of the patient in question, ‘‘animal-side’’ the agency finds that an environmental by August 2, 1996. compounding, and other similar common impact statement is not required and practices that are widely accepted in the day ADDRESSES: Submit written comments this petition results in a regulation, the to day treatment of animal patients. to the Dockets Management Branch notice of availability of the agency’s -Compounding from bulk drug substances (HFA–305), Food and Drug finding of no significant impact and the for use in nonfood animals, including Administration, 12420 Parklawn Dr., animals in public and private aquaria, when evidence supporting that finding will be rm. 1–23, Rockville, MD 20857. animal health is not threatened, and there is published with the regulation in the FOR FURTHER INFORMATION CONTACT: not a significant risk of diversion of the bulk Federal Register in accordance with 21 Andrew D. Laumbach, Center for Food drugs or compounded drugs for use in food CFR 25.40(c). animals. Bulk drug substances would Safety and Applied Nutrition (HFS– ordinarily be expected to be in small 217), Food and Drug Administration, Dated: May 31, 1996. packages that meet or exceed USP standards; 200 C St. SW., Washington, DC 20204, Alan M. Rulis, see definition of ‘‘bulk drugs’’ above. 202–418–3071. Compounding should be performed in Director, Office of Premarket Approval, accordance with current standards of SUPPLEMENTARY INFORMATION: Under the Center for Food Safety and Applied Nutrition. pharmaceutical practice (including referral to Federal Food, Drug, and Cosmetic Act [FR Doc. 96–16975 Filed 7–2–96; 8:45 am] compendial monographs or established (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), BILLING CODE 4160±01±F pharmacy textbooks). notice is given that a food additive Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34853

[Docket No. 96F±0205] submit to the Dockets Management Corporate Blvd., Rockville, MD 20850, Branch (address above) written 301–594–1293. Sumitomo Chemical America, Inc.; comments. Two copies of any comments SUPPLEMENTARY INFORMATION: On Filing of Food Additive Petition are to be submitted, except that October 18, 1993, Ciba Corning AGENCY: Food and Drug Administration, individuals may submit one copy. Diagnostics Corp., Medfield, MA 02052– HHS. Comments are to be identified with the 1688, submitted to CDRH an application ACTION: Notice. docket number found in brackets in the for premarket approval of ACSTM AFP. heading of this document. Received The device is a two-site SUMMARY: The Food and Drug comments may be seen in the office chemiluminescence immunoassay and Administration (FDA) is announcing above between 9 a.m. and 4 p.m., is indicated for the quantitative that Sumitomo Chemical America, Inc., Monday through Friday. FDA will also determination of alpha-fetoprotein has filed a petition proposing that the place on public display any (AFP) in human serum and in amniotic food additive regulations be amended to amendments to, or comments on, the fluid from specimens obtained at 15 to provide for the additional safe use of { petitioner’s environmental assessment 20 weeks gestation as an aid in detecting 3,9-bis 2-[3-(3-tert-butyl-4-hydroxy-5- without further announcement in the open neural tube defects (NTD’s) when methylphenyl)propionyloxy]-1,1- } Federal Register. If, based on its review, used in conjunction with dimethylethyl -2,4,8,10- the agency finds that an environmental ultrasonography and amniography; and tetraoxaspiro[5.5]-undecane as an impact statement is not required and in human serum, as an aid in managing antioxidant and/or stabilizer in this petition results in a regulation, the nonseminomatous testicular cancer, propylene homopolymer and high- notice of availability of the agency’s when used in conjunction with physical propylene olefin copolymer articles finding of no significant impact and the examination, histology/pathology, and intended for use in contact with food. evidence supporting that finding will be other clinical evaluation procedures, DATES: Written comments on the published with the regulation in the using the Ciba Corning ACS:180 petitioner’s environmental assessment Federal Register in accordance with 21 automated chemiluminescence system. by August 2, 1996. CFR 25.40(c). In accordance with the provisions of ADDRESSES: Submit written comments section 515(c)(2) of the act (21 U.S.C. Dated: June 17, 1996. to the Dockets Management Branch 360e(c)(2)) as amended by the Safe (HFA–305), Food and Drug George H. Pauli, Medical Devices Act of 1990, this Administration, 12420 Parklawn Dr., Acting Director, Office of Premarket premarket approval application (PMA) rm. 1–23, Rockville, MD 20857. Approval, Center for Food Safety and Applied was not referred to the Immunology FOR FURTHER INFORMATION CONTACT: Vir Nutrition. Devices Panel of the Medical Devices D. Anand, Center for Food Safety and [FR Doc. 96–16976 Filed 7–2–96; 8:45 am] Advisory Committee, an FDA advisory Applied Nutrition (HFS–216), Food and BILLING CODE 4160±01±F committee, for review and Drug Administration, 200 C St. SW., recommendation because the Washington, DC 20204, 202–418–3081. information in the PMA substantially SUPPLEMENTARY INFORMATION: [Docket No. 95M±0195] Under the duplicates information previously Federal Food, Drug, and Cosmetic Act reviewed by this panel. (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Ciba Corning Diagnostics Corp.; Premarket Approval of ACSTM AFP On September 29, 1995, CDRH notice is given that a food additive approved the application by a letter to petition (FAP 6B4510) has been filed by AGENCY: Food and Drug Administration, the applicant from the Director of the Sumitomo Chemical America, Inc., c/o HHS. Office of Device Evaluation, CDRH. Keller and Heckman, 1001 G St. NW., ACTION: Notice. A summary of the safety and suite 500 West, Washington, DC 20001. effectiveness data on which CDRH The petition proposes to amend the food SUMMARY: The Food and Drug based its approval is on file in the additive regulations in § 178.2010 Administration (FDA) is announcing its Dockets Management Branch (address Antioxidants and/or stabilizers for approval of the application by Ciba above) and is available from that office polymers (21 CFR 178.2010) to provide Corning Diagnostics Corp., Medfield, upon written request. Requests should { for the additional safe use of 3,9-bis 2- MA, for premarket approval, under the be identified with the name of the [3-(3-tert-butyl-4-hydroxy-5- Federal Food, Drug, and Cosmetic Act device and the docket number found in methylphenyl)propionyloxy]-1,1- (the act), of ACSTM AFP. FDA’s Center brackets in the heading of this } dimethylethyl -2,4,8,10- for Devices and Radiological Health document. tetraoxaspiro[5.5]-undecane as an (CDRH) notified the applicant by letter Opportunity for Administrative Review antioxidant and/or stabilizer in of September 29, 1995, of the approval propylene homopolymer and high- of the application. Section 515(d)(3) of the act authorizes propylene olefin copolymer articles any interested person to petition, under DATES: Petitions for administrative intended for use in contact with food. section 515(g) of the act, for The potential environmental impact review by August 2, 1996. administrative review of CDRH’s of this action is being reviewed. To ADDRESSES: Written requests for copies decision to approve this application. A encourage public participation of the summary of safety and petitioner may request either a formal consistent with regulations promulgated effectiveness data and petitions for hearing under part 12 (21 CFR part 12) under the National Environmental administrative review to the Dockets of FDA’s administrative practices and Policy Act (40 CFR 1501.4(b)), the Management Branch (HFA–305), Food procedures regulations or a review of agency is placing the environmental and Drug Administration, 12420 the application and CDRH’s action by an assessment submitted with the petition Parklawn Dr., rm. 1–23, Rockville, MD independent advisory committee of that is the subject of this notice on 20857. experts. A petition is to be in the form display at the Dockets Management FOR FURTHER INFORMATION CONTACT: of a petition for reconsideration under Branch (address above) for public Peter E. Maxim, Center for Devices and § 10.33(b) (21 CFR 10.33(b)). A review and comment. Interested persons Radiological Health (HFZ–440), Food petitioner shall identify the form of may, on or before August 2, 1996, and Drug Administration, 9200 review requested (hearing or 34854 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices independent advisory committee) and Management Branch (HFA–305), Food petitioner shall identify the form of shall submit with the petition and Drug Administration, 12420 review requested (hearing or supporting data and information Parklawn Dr., rm. 1–23, Rockville, MD independent advisory committee) and showing that there is a genuine and 20857. shall submit with the petition substantial issue of material fact for FOR FURTHER INFORMATION CONTACT: supporting data and information resolution through administrative Peter E. Maxim, Center for Devices and showing there is a genuine and review. After reviewing the petition, Radiological Health (HFZ–440), Food substantial issue of material fact for FDA will decide whether to grant or and Drug Administration, 9200 resolution through administrative deny the petition and will publish a Corporate Blvd., Rockville, MD 20850, review. After reviewing the petition, notice of its decision in the Federal 301–594–1293. FDA will decide whether to grant or Register. If FDA grants the petition, the SUPPLEMENTARY INFORMATION: On deny the petition and will publish a notice will state the issue to be September 29, 1994, Miles, Inc., notice of its decision in the Federal reviewed, the form of the review to be Tarrytown, NY 10591, submitted to Register. If FDA grants the petition, the used, the persons who may participate CDRH an application for premarket notice will state the issue to be in the review, the time and place where approval of Immuno 1 CEA Assay. The reviewed, the form of the review to be the review will occur, and other details. device is an in vitro diagnostic device used, the persons who may participate Petitioners may, at any time on or in the review, the time and place where before August 2, 1996, file with the intended to quantitatively measure carcinoembryonic antigen (CEA) in the review will occur, and other details. Dockets Management Branch (address Petitioners may, at any time on or above) two copies of each petition and human serum on the Technicon Immuno 1 system. Measurements of before August 2, 1996, file with the supporting data and information, Dockets Management Branch (address identified with the name of the device CEA aid in the management of cancer patients by monitoring CEA above) two copies of each petition and and the docket number found in supporting data and information, brackets in the heading of this concentrations. This diagnostic method is not intended for use on any other identified with the name of the device document. Received petitions may be and the docket number found in seen in the office above between 9 a.m. system. In accordance with the provisions of brackets in the heading of this and 4 p.m., Monday through Friday. section 515(c)(2) of the act (21 U.S.C. document. Received petitions may be This notice is issued under the seen in the office above between 9 a.m. Federal Food, Drug, and Cosmetic Act 360e(c)(2)) as amended by the Safe Medical Devices Act of 1990, this and 4 p.m., Monday through Friday. (secs. 515(d), 520(h) (21 U.S.C. 360e(d), This notice is issued under the 360j(h))) and under authority delegated premarket approval application (PMA) was not referred to the Immunology Federal Food, Drug, and Cosmetic Act to the Commissioner of Food and Drugs (secs. 515(d), 520(h) (21 U.S.C. 360e(d), (21 CFR 5.10) and redelegated to the Devices Panel of the Medical Devices Advisory Committee, an FDA advisory 360j(h))) and under authority delegated Director, Center for Devices and to the Commissioner of Food and Drugs Radiological Health (21 CFR 5.53). committee, for review and recommendation because the (21 CFR 5.10) and redelegated to the Dated: June 13, 1996. information in the PMA substantially Director, Center for Devices and Joseph A. Levitt, duplicates information previously Radiological Health (21 CFR 5.53). Deputy Director for Regulations Policy, Center reviewed by this committee. Dated: April 9, 1996. for Devices and Radiological Health. On January 30, 1996, CDRH approved Joseph A. Levitt, [FR Doc. 96–16885 Filed 7–2–96; 8:45 am] the application by a letter to the Deputy Director for Regulations Policy, Center BILLING CODE 4160±01±F applicant from the Director of the Office for Devices and Radiological Health. of Device Evaluation, CDRH. [FR Doc. 96–16972 Filed 7–2–96; 8:45 am] [Docket No. 96M-0199] A summary of the safety and BILLING CODE 4160±01±F effectiveness data on which CDRH Bayer Corp.; Premarket Approval of based its approval is on file in the Technicon Immuno 1 CEA Assay Dockets Management Branch (address Product and Establishment License above) and is available from that office Applications, Refusal to File; Meeting AGENCY: Food and Drug Administration, upon written request. Requests should of Oversight Committee HHS. be identified with the name of the ACTION: Notice. device and the docket number found in AGENCY: Food and Drug Administration, brackets in the heading of this HHS. SUMMARY: The Food and Drug document. ACTION: Notice. Administration (FDA) is announcing its approval of the application by Bayer Opportunity for Administrative Review SUMMARY: The Food and Drug Corp., 511 Benedict Ave., Tarrytown, Section 515(d)(3) of the act authorizes Administration (FDA) is announcing a NY, for premarket approval, under the any interested person to petition, under meeting of its standing oversight Federal Food, Drug, and Cosmetic Act section 515(g) of the act, for committee in the Center for Biologics (the act), of Immuno 1 CEA Assay. administrative review of CDRH’s Evaluation and Research (CBER) that FDA’s Center for Devices and decision to approve this application. A conducts a periodic review of CBER’s Radiological Health (CDRH) notified the petitioner may request either a formal use of its refusal to file (RTF) practices applicant, by letter of January 30, 1996, hearing under part 12 (21 CFR part 12) on product license applications (PLA’s) of the approval of the application. of FDA’s administrative practices and and establishment license applications DATES: Petitions for administrative procedures regulations or a review of (ELA’s). CBER’s RTF oversight review by August 2, 1996. the application and CDRH’s action by an committee examines all RTF decisions ADDRESSES: Written requests for copies independent advisory committee of that occurred during the previous of the summary of safety and experts. A petition is to be in the form quarter to assess consistency across effectiveness data and petitions for of a petition for reconsideration under CBER offices and divisions in RTF administrative review to the Dockets § 10.33(b) (21 CFR 10.33(b)). A decisions. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34855

DATES: The meeting will be held in July RTF decision changes, the appropriate information collections should be sent 1996. division will notify the sponsor. within 30 days of this notice directly to FOR FURTHER INFORMATION CONTACT: Joy Dated: June 26, 1996. the OMB Desk Officer designated at the A. Cavagnaro, Center for Biologics William K. Hubbard, following address: Evaluation and Research (HFM–5), Food Associate Commissioner for Policy OMB Human Resources and Housing and Drug Administration, 1401 Coordination. Branch, Attention: Allison Eydt, New Rockville Pike, Rockville, MD 20852– [FR Doc. 96–16971 Filed 7–2–96; 8:45 am] Executive Office Building, Room 1448, 301–827–0379. 10235, Washington, D.C. 20503 BILLING CODE 4160±01±F SUPPLEMENTARY INFORMATION: In the Date: June 26, 1996 Federal Register of May 15, 1995 (60 FR Kathleen B. Larson, 25920), FDA announced the Health Care Financing Administration Director, Management Planning and Analysis establishment and first meeting of [R±48] Staff, Office of Financial and Human CBER’s standing oversight committee. Resources, Health Care Financing As explained in the notice, the Agency Information Collection Administration. importance to the public health of Activities: Submission for OMB [FR Doc. 96–16897 Filed 7–2–96; 8:45 am] getting new biological products on the Review; Comment Request BILLING CODE 4120±03±P market as efficiently as possible has made improving the biological product In compliance with the requirement evaluation process an FDA priority. of section 3506(c)(2)(A) of the Health Resources and Services CBER’s managed review process focuses Paperwork Reduction Act of 1995, the Administration on specific milestones or intermediate Health Care Financing Administration goals to ensure that a quality review is (HCFA), Department of Health and Request for Nominations to the conducted within a specified time Human Services, has submitted to the Council on Graduate Medical period. CBER’s RTF oversight Office of Management and Budget Education committee meetings continue CBER’s (OMB) the following proposal for the AGENCY: Health Resources and Services collection of information. Interested effort to promote the timely, efficient, Administration, DHHS. and consistent review of PLA’s and persons are invited to send comments ELA’s. regarding the burden estimate or any ACTION: Notice. FDA regulations on filing PLA’s and other aspect of this collection of SUMMARY: The Health Resources and ELA’s are found in 21 CFR 601.2(a) and information, including any of the Services Administration (HRSA) is 601.3. A sponsor who receives an RTF following subjects: (1) The necessity and requesting nominations to fill retiring notification may request an informal utility of the proposed information members vacancies of the Council on conference with CBER, and thereafter collection for the proper performance of Graduate Medical Education (COGME). may ask that the application be filed the agency’s functions; (2) the accuracy DATES: Nominations must be received over protest, similar to the procedure for of the estimated burden; (3) ways to by close-of-business on Friday, July 26, drugs described under 21 CFR enhance the quality, utility, and clarity 1996. 314.101(a)(3) (see 57 FR 17950, April of the information to be collected; and 28, 1992). (4) the use of automated collection ADDRESSES: Nominations and the CBER’s standing RTF oversight techniques or other forms of information curricula vitae of nominees should be committee consists of senior CBER technology to minimize the information sent to Enrique S. Fernandez, M.D., M.S. officials, a senior official from FDA’s collection burden. Ed., Executive Secretary, Council on Center for Drug Evaluation and Type of Information Collection Graduate Medical Education, Health Research, and FDA’s Chief Mediator and Request: Extension of a currently Resources and Services Administration, Ombudsman. Meetings, ordinarily, will approved collection; Title of 5600 Fishers Lane, Parklawn Building, be held once a quarter to review all of Information Collection: Hospital Room 9A–27, Rockville, Maryland the RTF decisions. The purpose of such Conditions of Participation—42 CFR 20857. a review is to assess the consistency Part 482; Form No.: HCFA–R–48; Use: FOR FURTHER INFORMATION CONTACT: within CBER in rendering RTF Hospitals seeking to participate in the Enrique S. Fernandez, M.D., M.S.Ed., at decisions. Medicare and Medicaid programs must the above address, or phone (301) 443– Because the committee’s deliberations meet the Conditions of Participation 6190. will deal with confidential commercial (COP) for Hospitals, 42 CFR Part 482. SUPPLEMENTARY INFORMATION: HRSA is information, all meetings will be closed The information collection requirements requesting nominations under the to the public. The committee’s contained in this package are needed to authorities that established the Council deliberations will be reported in the implement the Medicare and Medicaid on Graduate Medical Education, minutes of the meeting. Although those COP for hospitals. Frequency: Annually; September 30, 1986, in accordance with minutes will not be publicly available Affected Public: Not-for-profit section 10(a)(2) of the Federal Advisory because they will contain confidential institutions, Federal Government, and Committee Act (Pub. L. 92–463). commercial information, summaries of State, Local or Tribal Government; COGME was authorized by Congress the committee’s deliberations, with all Number of Respondents: 1,500; Total in 1986 to provide an ongoing confidential commercial information Annual Responses: 1,500; Total Annual assessment of physician workforce omitted, may be requested in writing Hours Requested: 53,522. trends and to recommend appropriate from the Freedom of Information Office To request copies of the proposed Federal and private sector efforts to (HFI–35), Food and Drug paperwork collections referenced above, address identified needs. Legislation Administration, 5600 Fishers Lane, rm. E-mail your request, including your calls for COGME to serve in an advisory 12A–16, Rockville, MD 20857, address, to [email protected], or call capacity to the Secretary of the approximately 15 working days after the the Reports Clearance Office on (410) Department of Health and Human meeting, at a cost of 10 cents per page. 786–1326. Written comments and Services (DHHS), the Senate Committee If, following the committee’s review, an recommendations for the proposed on Labor and Human Resources, and the 34856 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

House of Representatives Committee on racial and ethnic minority populations, Agenda: Introductions and Commerce. or persons who have a physical presentations regarding the NCI’s The legislation specifies that the disability are adequately represented on current and future activities. Council is to comprise 17 members. advisory bodies. It therefore encourages Closed: July 22, 1996–9:30 a.m. to 5 Appointed individuals are to include the nomination of such candidates to p.m.; July 23, 1996–8:30 a.m. to representatives of practicing primary the Council on Graduate Medical adjournment. care physicians, national and specialty Education. The department will also Agenda: To discuss administrative physician organizations, international give close consideration to an equitable confidential site visit reports pertaining medical graduates, medical student and geographic representation. to laboratories in the Division of Basic house staff associations, schools of Appointments shall be made without Sciences. medicine and osteopathy, public and discrimination on the basis of age, race, Contact Person: Edward Harlow, private teaching hospitals, health ethnicity, sex, culture, religion, or Ph.D., Bldg. 31, Rm. 3A11, 9000 insurers, business, and labor. Federal socioeconomic status. Rockville Pike, Bethesda, MD 20892, representation includes the Assistant Please note that as a result of this Telephone: 301–435–2277. Secretary for Health, DHHS; the notice, we are extending the date by (Catalog of Federal Domestic Assistance Administrator of the Health Care which nominations to the Council must Program numbers: 93.393, Cancer Cause and Financing Administration, DHHS; and be received to July 26, 1996 for those Prevention Research; 93.394, Cancer the Chief Medical Director of the Detection and Diagnosis Research; 93.395, organizations that received letters Cancer Treatment Research; 93.396, Cancer Veterans Administration. Staff, directly requesting nominees to the logistical, and management support for Biology Research; 93.397, Cancer Center Council. Support; 93.398, Cancer Research Manpower; the Council resides within the 93.399, Cancer Control.) Department of Health and Human Dated: June 27, 1996. Dated: June 26, 1996. Services’ Health Resources and Services Ciro V. Sumaya, Administration. Administrator. Susan K. Feldman, Each member serves up to a four-year [FR Doc. 96–16978 Filed 7–2–96; 8:45 am] Committee Management Officer, NIH. term and is a voting member of the BILLING CODE 4160±15±M [FR Doc. 96–16905 Filed 7–2–96; 8:45 am] Council. Several positions in the BILLING CODE 4140±01±M Council are being vacated later this year by retiring members, and represent the National Institutes of Health following areas of expertise: practicing National Institute of Mental Health; primary care physicians, national National Cancer Institute; Notice of Notice of Closed Meeting Meeting physician organizations, specialty Pursuant to section 10(d) of the physician organizations, medical and Pursuant to Public Law 92–463, Federal Advisory Committee Act, as house staff associations, osteopathic and notice is hereby given of a meeting of amended (5 U.S.C. Appendix 2), notice allopathic schools of medicine, public the Board of Scientific Counselors, is hereby given of the following meeting and private teaching hospitals, business, National Cancer Institute. of the National Institute of Mental labor, and health insurers. The meeting will be open to the Health Special Emphasis Panel: Nominations Procedure public as indicated below, with Agenda/Purpose: To review and evaluate grant applications In late May 1996, letters requesting attendance by the public limited to space available. Individuals who plan to Committee Name: National Institute nominees to the Council were sent to a of Mental Health Special Emphasis variety of organizations representing the attend and need special assistance, such as sign language interpretation of other Panel statutorily required composition of the Date: July 3, 1996. reasonable accommodations, should retiring members of the Council. Time: 3:30 p.m. Because of the importance of the work notify the contact Person listed below in Place: Parklawn Building, Room 9C– of the Council, this notice expands the advance of the meeting. 26, 5600 Fishers Lane, Rockville, MD call for nominees from the public as The meeting will be closed to the 20857. well. Any other interested organization public in accordance with the Contact Person: Rehana A. or person may nominate for provisions set forth in sec. 552b(c)(6), Chowdhury, Parklawn Building, Room consideration one or more qualified title 5, U.S.C. The closed session will be 9C–26, 5600 Fishers Lane, Rockville, individuals for membership on the devoted to the review, discussion and MD 20857, Telephone: 301, 443–6470. Council. Nominators shall note that the evaluation of individual programs and The meeting will be closed in nominee is willing to serve as a member projects. This will include consideration accordance with the provisions set forth of the Council for the full four-year of personnel qualifications and in secs. 552(c)(4) and 552b(c)(6), Title 5, term, and that such person appears to performance, the competence of U.S.C. Applications and/or proposals have no conflict of interest that would individual investigators and similar and the discussions could reveal preclude this service. For each nominee, matters, the disclosure of which would confidential trade secrets or commercial include a complete curriculum vitae, a constitute a clearly unwarranted property such as patentable material current business address, and a daytime invasion of personal privacy. and personal information concerning telephone number. Your letter should Committee Name: Board of Scientific individuals associated with the include the name of the person(s) you Counselors, National Cancer Institute— applications and/or proposals, the recommend and your assessment of Basic Sciences Subcommittee. disclosure of which would constitute a their special abilities for meeting the Dates: July 22–23, 1996. clearly unwarranted invasion of objectives of the Council. Individuals Place: National Institutes of Health, personal privacy. who are recommended should have 9000 Rockville Pike, Bldg. 31, C Wing, This notice is being published less relevant background and experience. 6th floor, Conference Rooms 10, than fifteen days prior to the meeting The Department has a special interest Bethesda, MD 20892. due to the urgent need to meet timing in assuring that appropriately qualified Open: July 22, 1996–8:30 a.m. to 9:30 limitations imposed by the review and citizens who are women, member of a.m. funding cycle. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34857

(Catalog of Federal Domestic Assistance Gateway Building, Room 2C212, Dated: June 26, 1996. Program Numbers 93.242, 93.281, 93.282) National Institutes of Health, Bethesda, Susan K. Feldman, Dated: June 26, 1996. Maryland 20892–9205, (301) 496–9666. Committee Management Officer, NIH. Susan K. Feldman, The meetings will be closed in [FR Doc. 96–16908 Filed 7–2–96; 8:45 am] Committee Management Officer, NIH. accordance with the provisions set forth BILLING CODE 4140±01±M [FR Doc. 96–16906 Filed 7–2–96; 8:45 am] in secs. 552b(c)(4) and 552b(c)(6), Title BILLING CODE 4140±01±M 5, U.S.C. Applications and/or proposals and the discussions could reveal DEPARTMENT OF THE INTERIOR confidential trade secrets or commercial National Institutes on Aging; Notice of property such as patentable material Fish and Wildlife Service Closed Meetings and personal information concerning individuals associated with the Receipt of Applications for Permit Pursuant to Section 10(d) of the applications and/or proposals, the The following applicants have Federal Advisory Committee Act, as disclosure of which would constitute a amended (5 U.S.C. Appendix 2), notice applied for a permit to conduct certain clearly unwarranted invasion of activities with endangered species. This is hereby given of the following personal privacy. meetings: notice is provided pursuant to section Name of Panel: Oldest-old Mortality— (Catalog of Federal Domestic Assistance 10(c) of the Endangered Species Act of Demographic Models and Analysis Program No. 93.866, Aging Research, 1973, as amended (16 U.S.C. 1531, et (Teleconference Call). National Institute of Health.) seq.): Date of Meeting: July 10, 1996. Dated: June 26, 1996. Applicant: David Rostal, Georgia Time of meeting: 1:00 p.m. EST until Susan K. Feldman, Southern University, Statesboro, GA, adjournment. Committee Management Officer, NIH. PRT–816535 Place of Meeting: National Institute on [FR Doc. 96–16907 Filed 7–2–96; 8:45 am] The applicant request a permit to Aging, Gateway Building, Room 2C212, BILLING CODE 4140±01±M import samples from Eastern Pacific 7201 Wisconsin Avenue, Bethesda, green sea turtles (Chelonia mydas) on Maryland 20891. nesting beaches on the coast of Mexico Purpose/Agenda: To review a grant National Library of Medicine; Notice of for the purpose of scientific research application. Closed Meeting that will benefit the species in the wild. Contact Person: Paul Lenz, Ph.D., This notice covers activities conducted Scientific Review Administrator, Pursuant to Section 10(d) of the by the applicant over a five year period. Gateway Building, Room 2C212, Federal Advisory Committee Act, as Applicant: Laurel Croft, Temecula, National Institutes of Health, Bethesda, amended (5 U.S.C. Appendix 2), notice CA, PRT–816403 Maryland 20892–9205, (301) 496–9666. is hereby given of the following The applicant requests a permit to Name of Panel: National Institute on meeting: export five nene geese (Branta Aging Special Emphasis Panel, Name of Committee: Biomedical sandvicensis) and three Palawan (Teleconference Call). Library Review Committee. peacock pheasants (Polyplectron Date of Meeting: July 11, 1996. Date: July 31, 1996. emphanum) to the Hancock Wildlife Time of meeting: 11:00 a.m. to 12:30 Time: 8:30 a.m. to approximately 5:00 Research Center, Surrey, British p.m. EST, p.m. Columbia, Canada, for the purpose of Place of Meeting: National Institute on Place: Lister Hill Center, Fifth-floor enhancement of the survival of the Aging, Gateway Building, Room 2C212, Conference Room, Building 38A, 8600 species through captive propagation. 7201 Wisconsin Avenue, Bethesda, Rockville Pike, Bethesda, MD 20894. Applicant: Zoological Society of Maryland 20891. Milwaukee, Milwaukee, WI, PRT– Contact person: Dr. Roger W. Dahlen, Purpose/Agenda: To review a grant 816714 Scientific Review Administrator and application. The applicant requests a permit to Chief, Biomedical Information Support Contact Person: Maria Mannarino, import blood, saliva, gastric fluid, and Branch, EP, National Library of M.D., Scientific Review Administrator, hair samples from two captive-held Medicine, 8600 Rockville Pike, Gateway Building, Room 2C212, Chimpanzees (Pan troglodytes) and one Bethesda, MD 20894, 301/496–4221. National Institutes of Health, Bethesda, captive-held bonobo (Pan troglodytes) Maryland 20892–9205, (301) 496–9666. Purpose/agenda: To review and from Zoofari, Cuernavaca, Mexico, for This notice is being published less evaluate Internet Connections for diagnostic testing and scientific research than 15 days prior to the above meetings Medical Institutions grant applications. to enhance the survival of the species. due to the urgent need to meet timing The meeting will be closed in Written data or comments should be limitations imposed by the review and accordance with the provisions set forth submitted to the Director, U.S. Fish and funding cycle. in secs. 552b(c)(4) and 552b (c)(6), Title Wildlife Service, Office of Management Name of Panel: National Institute on 5, U.S.C. Applications and/or proposals Authority, 4401 North Fairfax Drive, Aging Special Emphasis Panel. and the discussions could reveal Room 430, Arlington, Virginia 22203 Date of Meeting: July 29–30, 1996. confidential trade secrets or commercial and must be received by the Director Time of meeting: July 29—7:00 p.m. property such as patentable material within 30 days of the date of this to recess; July 30—8:00 a.m. to and personal information concerning publication. adjournment. individuals associated with the Documents and other information Place of Meeting: Hyatt Dulles Hotel, applications and/or proposals, the submitted with these applications are Washington Dulles Airport, Herndon, disclosure of which would constitute a available for review, subject to the Virginia. clearly unwarranted invasion of requirements of the Privacy Act and Purpose/Agenda: To review grant personal privacy. Freedom of Information Act, by any applications. (Catalog of Federal Domestic Assistance party who submits a written request for Contact Person: James P. Harwood, Program No. 93–879—Medical Library a copy of such documents to the Ph.D., Scientific Review Administrator, Assistance, National Institutes of Health.) following office within 30 days of the 34858 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices date of publication of this notice: U.S. data collected directly or indirectly Federal agencies and others in their Fish and Wildlife Service, Office of (through grants, partnerships, or activities for inventory, mapping, and Management Authority, 4401 North contracts). reporting on the vegetation resources of Fairfax Drive, Room 430, Arlington, In its assigned leadership role for the United States. It includes a Virginia 22203. Phone: (703/358–2104); developing the National Spatial Data description of the proposed Vegetation FAX: (703/358–2281). Infrastructure (NSDI), the FGDC Classification and Information recognizes that the standards must also Dated: June 28, 1996. Standards, general policy regarding meet the needs and recognize the views Federal agencies’ use, suggested Caroline Anderson, of State and local governments, applications, the principles (basic ideas, Acting Chief, Branch of Permits, Office of academia, industry, and the public. The requirements) that guided the Management Authority. purpose of this notice is to solicit such [FR Doc. 96–17019 Filed 7–2–96; 8:45 am] views. The FGDC invites the community development of this system, and a list BILLING CODE 4310±55±P to review, test, and evaluate the of definitions used in the system and its proposed classification system and development. This document does not information standards. Comments are detail the floristically defined units of Issuance of Permit for Marine encouraged about the content, the classification standard, the field Mammals completeness, and usability of the methods, or the data management and On May 15, 1996, a notice was proposed standard. The FGDC analysis standards that will be required published in the Federal Register, Vol. anticipates that the proposed vegetation to develop and maintain this Vegetation 61, No. 95, Page 24506, that an classification and information standard, Classification and Information Standard. application had been filed with the Fish after updating or revision, will be This information will be presented in and Wildlife Service by the Center for adopted as a Federal Geographic Data subsequent documents by the Coastal Physical Oceanography for a Committee standard. The standard may Subcommittee. Vegetation Cover is permit (PRT–814695) for the import of be forwarded to other standards defined as vegetation that covers or is tissue samples from one walrus organizations for adoption if interest visible at or above the land or water (Odobenus rosmarus) and one polar bear warrants such action. surface. Vegetation data are the (Ursus maritimus) in support of research DATES: Comments must be received on attributes of the vegetation that are used on environmental contamination. or before October 1, 1996. to classify and characterize the Notice is hereby given that on June CONTACT AND ADDRESSES: Requests for vegetation type and to map a vegetation 20, 1996, as authorized by the written copies of the classification stand. These data come from the provisions of the Marine Mammal system and information standards being interpretation; of remotely sensed Protection Act of 1972, as amended (16 proposed as a standard should be sent imagery, field work, and other thematic U.S.C. 1361 et seq.) the Fish and to Vegetation Standards Review, FGDC data sources. Wildlife Service authorized the Secretariat (attn: Jennifer Fox), U.S. Input sought on the draft standards requested permit subject to certain Geological Survey, 590 National Center, includes how well it meets user needs. conditions set forth therein. 12201 Sunrise Valley Drive, Reston, Documents and other information Virginia, 20192; telephone 703–648– Specific issues on which response is submitted for these applications are 5514; facsimile 703–648–5755; or requested include: the threshold for available for review by any party who Internet ‘‘[email protected]’’. The proposed separating vegetated from non-vegetated submits a written request to the U.S. standard is available for viewing areas; the threshold for defining Fish and Wildlife Service, Office of through Internet on the Vegetation dominance; the criteria for separating Management Authority, 4401 North Subcommittee Home Page; the URL is: tree from shrub; and the need for Fairfax Drive, Rm 430, Arlington, http://www.nbs.gov/∼mikez/fgdc– parallelism between tree-dominated Virginia 22203. Phone (703) 358–2104 sub.htm. The standard may also be cover classes and other life form cover or Fax (703) 358–2281. downloaded from the FGDC Home Page classes. For examples, tree-dominated Dated: June 28, 1996. at the following URL: www.fgdc.gov land is divided into open and closed Caroline Anderson (select Public Documents) or directly canopy. Are similar divisions needed Acting Chief, Branch of Permits Office of from the FGDC anonymous ftp site by within the shrub and herbaceous life Management Authority. using the address: www.fgdc.gov/pub/ forms? Shrub classes are divided based [FR Doc. 96–17018 Filed 7–2–96; 8:45 am] standards/veg. upon shrub height; are height classes BILLING CODE 4310-55±P SUPPLEMENTARY INFORMATION: The needed for other life forms? overall objective of the Vegetation Reviewer comments should be sent to Classification and Information the FGDC Secretariat at the above Geological Survey Standards is to support the production address. Please send comments in both of uniform statistics on vegetation hardcopy and softcopy, preferably on a Federal Geographic Data Committee resources at the national level. It is 3.5-inch diskette. (FGDC); Public Review of Vegetation important that, as agencies map or Classification and Information inventory Earth cover that is vegetated, Dated: June 25, 1996. Standards they collect enough data to accurately Richard E. Witmer, ACTION: Notice; Request for comments. and precisely translate it for national Acting Chief, National Mapping Division. reporting, aggregation, and comparisons. [FR Doc. 96–16898 Filed 7–2–96; 8:45 am] SUMMARY: The FGDC is sponsoring a This will eventually support the public review of the draft ‘‘FGDC detailed, quantitative, geo-referenced BILLING CODE 4310±31±M Vegetation Classification and basis for vegetation cover modeling, Information Standards’’ to be mapping and analysis at the field level. considered for adoption as an FGDC This document proposes a vegetation standard. If adopted, the standard must classification system and set of be followed by all Federal agencies for information standards to be used by Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34859

Bureau of Land Management interburden storage area, ore processing comments or submitting written facilities, expanded dewatering system statements for the GRBAC’s [NV±020±1900±01] and water disposal facilities, and consideration should notify the GRBAC Twin Creeks Mine Draft Environmental diversion of Rabbit Creek and Coordinator at the above address by July Impact Statement tributaries. 10. The GRBAC will hear oral comments Dated June 21, 1996. from 4:00 p.m. to 6:00 p.m. on July 17. AGENCY: Bureau of Land Management, Ron Wenker, The GRBAC may establish a time limit Interior. for oral statements. District Manager. ACTION: Notice of availability. [FR Doc. 96–16882 Filed 7–2–96; 8:45 am] Date Signed: June 28, 1996. SUMMARY: Pursuant to section 102(2)(c) BILLING CODE 4310±HC±P Mat Millenbach, of the National Environmental Policy Acting Director, Bureau of Land Management. [FR Doc. 96–17121 Filed 7–2–96; 8:45 am] Act of 1969, notice is given that the [CA±930±06±2700 WARD] Winnemucca District of the Bureau of BILLING CODE 4310±84±M Land Management (BLM) has prepared, Extension of Scoping Period for Ward by third party contractor, a Draft Valley Supplemental Environmental Environmental Impact Statement on Impact Statement (SEIS) Until July 15, [OR±030±06±1220±00: GP6±0196] Santa Fe Pacific Gold Corporation’s 1996 Twin Creeks Mine Consolidation and Notice of Meetings of Southeastern Expansion Project. This document is SUMMARY: The Bureau of Land Oregon Resource Advisory Council Management (BLM) in California available for public review for a 45 day AGENCY: Vale District, Bureau of Land period. announces an extension of the scoping period for the Ward Valley SEIS until Management, Interior. DATES AND ADDRESSES: Written July 15, 1996. Three public scoping ACTION: Notice of meetings. comments on the Draft Environmental workshops were held in Sacramento, Impact Statement must be postmarked San Bernardino and Needles, California. SUMMARY: Notice is given that a meeting by September 3, 1996. This extension is to allow the public of the Southeastern Oregon Resource A public meeting to receive oral and more time to provide written comments Advisory Council will be held August 5, written comments has been scheduled on the scope of the SEIS. 1996 from 8:00 a.m. to 9:00 p.m. and for the date and place listed below. The August 6 from 8:00 a.m. to 12:00 noon meeting will begin at 7:00 p.m., August FOR FURTHER INFORMATION CONTACT: Richard F. Johnson or John S. Miles at at the Jordan Valley Lions Club Room, 15, 1996, at the Winnemucca District (916) 979–2800. 902 Bassett Street, Jordan Valley, Office, Winnemucca, Nevada. Oregon. Philip L. Damon, A copy of the Draft Environmental At an appropriate time, the Council Impact Statement can be obtained from: Acting Area manager. will recess for approximately one hour Bureau of Land Management, [FR Doc. 96–17122 Filed 7–2–96; 8:45 am] for lunch and one and one-half hours for Winnemucca District Office, ATTN: BILLING CODE 4310±40±P dinner. Public comments will be Gerald Moritz, Project Manager, 5100 E. received from 7:00 p.m. to 7:30 p.m., Winnemucca Boulevard, Winnemucca, [WO±300±1310±00] August 6, 1996. Topics to be discussed Nevada 89445. during the meeting are administrative The Draft Environmental Impact Green River Basin Advisory activities of the Council, the Statement is available for inspection at Committee, Colorado and Wyoming Southeastern Oregon Resource the following additional locations: Management Plan, and the Interior AGENCY: Bureau of Land Management, Nevada Bureau of Land Management, Columbia Basin Ecosystem Management State Office, 850 Harvard Way, Reno, Interior. Project. Nevada; Humboldt County Library, ACTION: Notice of meeting of the Green Notice is given that a meeting of the Winnemucca, Nevada; Lander County River Basin Advisory Committee. Southeastern Oregon Resource Advisory Library, Battle Mountain, Nevada; and SUMMARY: This notice announces the Council will be held September 19, the University of Nevada Library in dates, time, and schedule and initial 1996 from 1:00 p.m. to 9:00 p.m. and Reno, Nevada. agenda for a meeting of the Green River September 20 from 8:00 a.m. to 12:00 FOR FURTHER INFORMATION CONTACT: Basin Advisory Committee (GRBAC). noon at the Harney County Museum Gerald Moritz, Project Manager at the Club Room, 18 West ‘‘D’’ Street, Burns, DATES: July 17, 1996, from 8:00 a.m. Oregon. above Winnemucca District address or until 6:00 p.m. and July 18, 1996, from At an appropriate time, the Council telephone (702) 623–1500. 8:00 a.m. until 3:15 p.m. SUPPLEMENTARY INFORMATION will recess for approximately one and : The Draft ADDRESSES: Jeffrey Center, 3rd and one-half hours for dinner. Public Environmental Impact Statement Spruce Streets, Rawlins, WY 82301. analyzes the potential environmental comments will be received from 7:00 FOR FURTHER INFORMATION CONTACT: impacts that could result from the p.m. to 7:30 p.m., September 19, 1996. Terri Trevino, GRBAC Coordinator, consolidation and expansion of the Topics to be discussed during the Bureau of Land Management, P.O. Box current gold mining operation at the meeting are administrative activities of 1828, Cheyenne, WY 82003, telephone Twin Creeks Mine. Alternatives the Council, the Southeastern Oregon (307) 775–6020. analyzed include the Proposed Action, Resource Management Plan, and the No Action, the Partial Vista Pit Backfill SUPPLEMENTARY INFORMATION: The topics Interior Columbia Basin Ecosystem Alternative, the Selective Handling of for the meeting will include: Management Plan. Overburden and Interburden Storage (1) Road standards, alternative funding, DATES: The Southeastern Oregon Area Alternatives. The project involves and the NEPA process. Resource Advisory Council meeting will the consolidation of the Rabbit Creek (2) Public comment. begin at 8:00 a.m. and continue to 9:00 and Chimney Creek Mines, expansion of This meeting is open to the public. p.m., August 5 and, 8:00 a.m. to 12:00 the South Pit, overburden and Persons interested in making oral noon on August 6, 1996. 34860 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The Southeastern Oregon Resource 2. The State of Idaho has a preference contain the following reservations to the Advisory Council meeting will begin at right for public highway rights-of-way United States: 1:00 p.m. and continue to 9:00 p.m., or material sites for a period of 90 days 1. A right-of-way thereon for ditches September 19, and 8:00 a.m. to 12:00 from the date of publication of this or canals constructed by the authority of noon on September 20, 1996. order and any location, entry, selection, the United States, Act of August 30, ADDRESSES: The Southeastern Oregon or subsequent patent shall be subject to 1890 (43 U.S.C. 945). Resource Advisory Council meeting will any rights granted the State as provided 2. All minerals shall be reserved to take place in the Jordan Valley Lions by Section 24 of the Act of June 10, the United States, together with the Club Room, 902 Bassett Street, Jordan 1920, as amended 43 U.S.C. 818 (1988). right to prospect for, mine and remove Valley, Oregon. 3. At 9 a.m. on October 2, 1996, the such deposits from the same under The Southeastern Oregon Resource land will be opened to the operation of applicable law and such regulations as Advisory Council meeting will take the public land laws generally, subject the Secretary of the Interior may place in the Harney County Museum to valid existing rights, the provisions of prescribe; and will be subject to: Club Room, 18 West ‘‘D’’ Street, Burns, existing withdrawals, other segregations 1. An easement in favor of the City of Oregon. of record, and the requirements of Las Vegas for roads, public utilities and FOR FURTHER INFORMATION CONTACT: applicable law. All valid applications received at or prior to 9 a.m. on October flood control purposes as follows: 30 Jonne Hower, Bureau of Land feet wide on the south boundaries of Management, Vale District, 100 Oregon 2, 1996, shall be considered as simultaneously filed at that time. Those Lots 88, 89 and 90, 30 feet wide along Street, Vale, OR 97918 (Telephone 541– the east boundary of Lot 90 together 473–3144). received thereafter shall be considered in the order of filing. with 15 foot radius corners of the NE Geoffrey B. Middaugh, and SE corners of Lot 90. Associate District Manager. Dated: June 24, 1996. 2. Those rights for roadway purposes [FR Doc. 96–16899 Filed 7–2–96; 8:45 am] Bob Armstrong which have been granted to the City of BILLING CODE 4310±33±M Assistant Secretary of the Interior. Las Vegas by Permit No. N–51520 under [FR Doc. 96–16900 Filed 7–2–96; 8:45 am] the Act of October 21, 1976 (43 U.S.C. [ID±933±1430±01; IDI±15693 01] BILLING CODE 4310±GG±P 1761). 3. Those rights for a well site which Public Land Order No. 7203; Partial [NV±930±4210±05; N±37127±01] have been granted to the Las Vegas Revocation of Geological Survey Order Valley Water District by Permit No. N– Dated October 17, 1951; Idaho Notice of Realty Action: Lease/ 53360 under the Act of October 21, 1976 conveyance for Recreation and Public (43 U.S.C. 1761). AGENCY: Bureau of Land Management, Interior. Purposes Detailed information concerning this action is available for the review at the ACTION: Public Land Order. AGENCY: Bureau of Land Management. office of the Bureau of Land ACTION: Recreation and public purpose SUMMARY: This order revokes a Management, Las Vegas District, 4765 lease/conveyance. Geological Survey order insofar as it W. Vegas Drive, Las Vegas, Nevada. affects 40 acres of public land SUMMARY: The following described Upon publication of this notice is the withdrawn by the Bureau of Land public land in Las Vegas, Clark County, Federal Register, the above described Management for Powersite Nevada has been examined and found land will be segregated from all other Classification No. 420. The land is no suitable for lease/conveyance for forms of appropriation under the public longer needed for this purpose and the recreational or public purposes under land laws, including the general mining revocation is needed to transfer the land the provisions of the Recreation and laws, except lease/purchase under the by exchange. This action will open the Public Purposes Act, as amended (43 Recreation and Public Purposes Act, land to surface entry. The land has been U.S.C. 869 et seq.). The City of Las leasing under the mineral leasing laws and will remain open to mining and Vegas proposes to use the land for a and disposals under the mineral mineral leasing. public park facility. The below disposal laws. Detailed information EFFECTIVE DATE: October 2, 1996. described land was previously classified concerning this action is available for review at the office of the Bureau of FOR FURTHER INFORMATION CONTACT: under the Recreation and Public Land Management, Las Vegas District, Larry R. Lievsay, BLM Idaho State Purposes Act for use as a church facility. The Oakey Baptist Church has 4765 W. Vegas Drive, Las Vegas, Office, 3380 Americana Terrace, Boise, Nevada. Idaho 83706–2500, 208–384–3166. relinquished their Recreation and Public By virtue of the authority vested in Purposes Application for the below Upon publication of this notice in the the Secretary of the Interior by Section described land: Federal Register, the above described land will be segregated from all other 204 of the Federal Land Policy and Mount Diablo Meridian forms of appropriation under the public Management Act of 1976, 43 U.S.C. Nevada T. 21 S., R. 60 E., sec. 3: lots 88, 1714 (1988), it is ordered as follows: land laws, including the general mining 89, 90. laws, except for lease/conveyance under 1. The Geological Survey Order dated Containing 16.050 acres, more or less. October 17, 1951, which established the Recreation and Public Purposes Act, Powersite Classification No. 420, is The land is not required for any leasing under the mineral leasing laws hereby revoked insofar as it affects the federal purpose. The lease/conveyance and disposals under the mineral following described land: is consistent with current Bureau material disposal laws. For a period of planning for this area and would be in 45 days from the date of publication of Boise Meridian the public interest. The lease/patent, this notice in the Federal Register, T. 29 N., R. 3 W., when issued, will be subject to the interested parties may submit comments Sec. 21, NE11⁄4SW11⁄4. provisions of the Recreation and Public regarding the proposed lease/ The area described contains 40 acres in Purposes Act and applicable regulations conveyance for classification of the Idaho County. of the Secretary of the Interior, and will lands to the District Manager, Las Vegas Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34861

District, 4765 W. Vegas Dr, Las Vegas, steel such as an iron silhouette, knock- 8760), both located in Barstow, Nevada 89108. down or spinner target. California. Tim Read, Classification Comments SUMMARY: In accordance with title 43, Code of Federal Regulations § 8365.1–6, Area Manager. Interested parties may submit [FR Doc. 96–16501 Filed 7–2–96; 8:45 am] comments involving the suitability of the State Director may establish the Land for a public park facility. supplementary rules in order to provide BILLING CODE 4310±40±P Comments on the classification are for the protection of persons, property, restricted to weather the land is and public lands and resources. This [AZ±025±06±1150±04; AZA 29318] physically suited for the proposal, authority was delegated to the District whether the use will maximize the and Area managers pursuant to BLM Notice of Proposed Withdrawal and future use or uses of the land, whether Manual 1203, California Supplement. Opportunity for Public Meeting; the use is consistent with local planning Copies of the final supplementary rule Arizona and zoning, or if the use is consistent would be made available at the local AGENCY: Bureau of Land Management, with State and Federal programs. BLM office, the supplementary rule would be published in local newspapers Interior. Application Comments upon the effective date, and affected ACTION: Notice. Interested parties may submit lands within the Barstow Resource Area SUMMARY: The Bureau of Land comments regarding the specific use would be posted. Management proposes to withdraw proposed in the application and plan of PENALTIES: Failure to comply with this 1,119.24 acres of public land in Mohave development, whether the BLM supplementaty rule would be County to protect endangered plant followed proper administrative punishable by a fine not to exceed habitat. This notice closes the land for procedures in reaching the decision, or $100,000 and/or imprisonment not to up to two years from surface entry and any other factor not directly related to exceed 12 months. mining. The land will remain open to the suitability of the land for a church SUPPLEMENTARY INFORMATION: This mineral leasing. facility. supplementary rule was proposed to Any adverse comments will be deter and prevent the accumulation of DATES: Comments and requests for a reviewed by the State Director. In the household refuse and trash which is public meeting must be received by absence of any adverse comments, the being deposited on these Public Lands October 1, 1996. classification of the land described in by a significant portion of recreational ADDRESS: Comments and meeting this Notice will become effective 60 shooters. Shooters on public lands have requests should be sent to the Kingman days from the date of publication in the used as targets and then discarded old Area Manager, BLM, 2475 Beverly Federal Register. The lands will not be television sets, glass bottles, propane gas Avenue, Kingman, AZ 86401. offered for lease/conveyance until after cylinders, and other similiar items and, FOR FURTHER INFORMATION CONTACT: the classification becomes effective. as a result, have adversely impacted the Bob Hall, BLM Kingman Area Office, Dated: June 2, 1996. quality of these public lands. These (520) 757–3161. Michael F. Dwyer, types of discarded targets pose a SUPPLEMENTARY INFORMATION: On April significant public safety threat and District Manager, Las Vegas, NV. 30, 1996, a petition was approved cause unsightly litter. This [FR Doc. 96–16901 Filed 7–2–96; 8:45 am] allowing the Bureau of Land supplementary rule will not infringe Management to file an application to BILLING CODE 4310±HC±M upon Constitutional rights of an withdraw the following described individual to own or possess lawful public land from settlement, sale, firearms. This supplementary rule does location, or entry under the general land [CA±068±06±1220±00] not impact or effect lawful hunting of laws, including the mining laws subject wild birds or game. All shooters will be Notice for Public Comment, Proposed to valid existing rights: responsible to retrieve and properly Supplementary Rule Affecting Public dispose of their targets and spent shells Gila and Salt River Meridian Lands Within the Barstow Resource upon leaving Public Lands. Area; California T. 14 N., R. 11 W., DATES FOR COMMENTS: Comments will be Sec. 1, Lots 1 to 4, inclusive, S1⁄2N1⁄2 and S1⁄2; AGENCY: Bureau of Land Management, accepted by the Barstow Resource Area Sec. 2, SE1⁄4; United States Department of the for thirty (30) days following this Sec. 11, NE1⁄4; Interior. publication. A final rule which replies Sec. 12, N1⁄2N1⁄2. ACTION: This notice proposes to to comments and/or amends the rule The area described contains 1,119.24 acres, establish a supplementary rule will be published within thirty (30) days in Mohave County. regarding recreational shooting within after the comment period has expired. The purpose of the proposed the Barstow Resource Area, Bureau of ADDRESSES: Comments should be sent withdrawal is to protect, enhance and Land Management. This proposed to: United States Department of the conserve habitat for the endangered supplementary rule requires that, on Interior, Bureau of Land Management, Arizona Cliffrose. Public Lands within the Barstow Barstow Resource Area, 150 Coolwater For a period of 90 days from the date Resource Area, in areas permitted by Lane, Barstow, CA 92311, Attention: of publication of this notice, all persons San Bernardino County Ordinance Tim Read, Area Manager. who wish to submit comments, 22.011 for legal recreational target FOR MORE INFORMATION CONTACT: suggestions, or objections in connection shooting of rifles, handguns and Maps depicting areas affected by this with the proposed withdrawal may shotgun slugs, no person shall fire, proposed supplementary rule and other present their views in writing to the shoot or discharge a firearm at any pertinent information may be obtained Kingman Area Manager, Bureau of Land object other than a retrievable paper at the BLM Barstow Resource Area Management. silhouette or bulls-eye target or a firearm office (619–255–8700) or the California Notice is hereby given that an target constructed of plate iron or plate Desert Information Center (619–255– opportunity for a public meeting is 34862 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices afforded in connection with the Abstract: The application was used by publishing the notice in the Federal proposed withdrawal. All interested U.S. founders or sponsors in applying Register of March 13, 1996 (61 FR persons who desire a public meeting for for grant assistance from ASHA on 10380). The hearing was held in the purpose of being heard on the behalf of their institutions overseas. Washington, DC, on May 7, 1996, and proposed withdrawal must submit a ASHA is a competitive grant program. all persons who requested the written request to the Kingman Area Decisions are based on an annual opportunity were permitted to appear in Manager within 90 days from the date comparative review of all applications person or by counsel. of publication of this notice. Upon requesting assistance in that fiscal year, The Commission transmitted its determination by the authorized officer pursuant to Section 214 of the Foreign determination in this investigation to that a public meeting will be held, a Assistance Act, as amended. the Secretary of Commerce on June 25, notice of the time and place will be 1996. The views of the Commission are Annual Reporting Burden published in the Federal Register at contained in USITC Publication 2972 least 30 days before the scheduled date Respondents: Not-for-profit (June 1996), entitled ‘‘Clad Steel Plate of the meeting. organizations. from Japan: Investigation No. 731–TA– The application will be processed in Number of respondents: 85. 739 (Final).’’ accodance with the regulations set forth Estimated total annual hour burden By order of the Commission. in 43 CFR 2300. on respondents: 12. For a period of two years from the Donna R. Koehnke, Dated: June 27, 1996. date of publication of this notice in the Secretary Howard B. Helman, Federal Register, the land will be Issued: June 25, 1996 Director, Office of American Schools and segregated as specified above unless the [FR Doc. 96–16987 Filed 7–2–96; 8:45 am] Hospitals Abroad, Bureau for Humanitarian application is denied or canceled or the BILLING CODE 7020±02±P withdrawal is approved prior to that Response. date. The temporary uses which may be [FR Doc. 96–16988 Filed 7–2–96; 8:45 am] permitted during this segregative period BILLING CODE 6116±01±M Sunshine Act Meeting are licenses, permits, cooperative agreements, and discretionary land use AGENCY HOLDING THE MEETING: United authorizations of a temporary nature, INTERNATIONAL TRADE States International Trade Commission. but only with the approval of an COMMISSION TIME AND DATE: July 9, 1996 at 11:00 a.m. authorized officer of the Bureau of Land [Investigation No. 731±TA±739 (Final)] PLACE: Room 101, 500 Management. E Street S.W., Washington, DC 20436. Dated: June 25, 1996. Clad Steel Plate From Japan STATUS: Open to the public. David J. Miller, Determination MATTERS TO BE CONSIDERED: Associate District Manager. 1 1. Agenda for future meeting. [FR Doc. 96–16948 Filed 7–2–96; 8:45 am] On the basis of the record developed in the subject investigation, the 2. Minutes. BILLING CODE 4310±32±P 3. Ratification List. Commission determines, pursuant to 4. Inv. Nos. 701–TA–365–366 (Final) and section 735(b) of the Tariff Act of 1930 731–TA–734–735 (Final) (Certain Pasta (19 U.S.C. 1673d(b)) (the Act), that an AGENCY FOR INTERNATIONAL from Italy and Turkey)—briefing and industry in the United States is DEVELOPMENT vote. materially injured by reason of imports 5. Outstanding action jackets: None. Notice of Cancellation of Acceptance from Japan of clad steel plate, provided In accordance with Commission of the American Schools and Hospitals for in subheading 7210.90.10 of the policy, subject matter listed above, not Abroad Application for Assistance Harmonized Tariff Schedule of the disposed of at the scheduled meeting, United States, that have been found by SUMMARY: This applicant notice is for may be carried over to the agenda of the the Department of Commerce to be sold following meeting. private U.S. organizations requesting in the United States at less than fair grant assistance for overseas institutions value (LTFV). Issued: July 1, 1996. under Section 214 of the Foreign By order of the Commission. Assistance Act. ‘‘Applicant’’ refers to Background Donna R. Koehnke, the United States founder or sponsor of The Commission instituted this Secretary the overseas institution. Due to budget investigation effective February 27, [FR Doc. 96–17182 Filed 7–01–96; 8:45 am] cuts, The Office of American Schools 1996, following a preliminary BILLING CODE 7020±02±P and Hospitals Abroad (ASHA) will not determination by the Department of accept applications for assistance on Commerce that imports of clad steel August 31, 1996 for consideration in FY plate from Japan were being sold at DEPARTMENT OF JUSTICE 1997 and for future years. LTFV within the meaning of section FOR FURTHER INFORMATION CONTACT: The 733(b) of the Act (19 U.S.C. 1673b(b)). Antitrust Division Office of American Schools and Notice of the institution of the Hospitals Abroad (ASHA), (703) 351– Commission’s investigation and of a United States v. American National 0232. public hearing to be held in connection Can Co. & KMK Maschinen AG; therewith was given by posting copies Proposed Final Judgment and SUPPLEMENTARY INFORMATION: of the notice in the Office of the Competitive Impact Statement Title: American Schools and Hospitals Secretary, U.S. International Trade Abroad. Commission, Washington, DC, and by Notice is hereby given pursuant to the Form No.: A.I.D. 1010–2. Antitrust Procedures and Penalties Act, OMB No.: 0512–0011. 1 The record is defined in sec. 207.2(f) of the 15 U.S.C. 16(b)–(h), that a proposed Type of submission: Cancellation of Commission’s Rules of Practice and Procedure (19 Final Judgment, Stipulation, and Acceptance of Application. CFR § 207.2(f)). Competitive Impact Statement have Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34863 been filed with the United States MASCHINEN AG, Defendant; Civil Action Wilmer, Cutler & Pickering District Court for the District of No. 96–01458, Filed June 25, 1996, Judge Rajiv P. Santwan, Columbia in United States v. American Thomas Pennfield Jackson. Chief Executive, KMK Maschinen AG. National Can Co. and KMK Maschinen Stipulation C. Loring Jetton, Jr., AG, Civil No. 96–01458. A Member of the Firm, D.C. Bar No. 83766. The Complaint alleges that the It is stipulated by and between the Final Judgment defendants violated section 1 of the undersigned parties, by their respective Sherman Act by entering a series of attorneys, that: Plaintiff, United States of America, agreements, the purpose and effect of filed its Complaint on June 25, 1996; 1. The Court has jurisdiction over the which was to eliminate competition plaintiff and defendants, by their subject matter of this action and over between them in the North American respective attorneys, have consented to each of the parties hereto for purposes markets for laminated tubes and entry of this Final Judgment without of this action, and venue of this action laminated tube-making equipment and trial or adjudication of any issue of fact is proper in the District of Columbia; technology. The Complaint further or law, and defendants have agreed to alleges that pursuant to those 2. The parties consent that a Final be bound by the provisions of this Final agreements, KMK Maschinen AG Judgment in the form hereto attached Judgment pending its approval by the (‘‘KMK’’) sold its U.S. tube-making may be filed and entered by the Court, Court. This Final Judgment shall not be affiliate to American National Can Co. upon the motion of any party or upon evidence against or an admission by any (‘‘ANC’’) and agreed to sell its laminated the Court’s own motion, at any time party with respect to any issue of fact tube-making equipment and to license after compliance with the requirements or law herein. its related technology exclusively to of the Antitrust Procedures and Now, therefore, before the taking of ANC, and ANC agreed to buy all its Penalties Act (15 U.S.C. § 16(b)–(h)), any testimony and upon consent of the laminated tube-making equipment for and without further notice to any party parties, it is hereby Ordered, Adjudged, use in North America from KMK and or other proceedings, provided that and Decreed as follows: plaintiff has not withdrawn its consent, not to acquire or use anyone else’s I equipment or technology there while at which it may do at any time before the the same time discontinuing its own entry of the proposed Final Judgment by Jurisdiction manufacture of such equipment. serving notice thereof on defendant and This Court has jurisdiction of the The proposed Final Judgment would by filing that notice with the Court; subject matter of this action and of each end the extant exclusive, laminated 3. Each defendant agrees to be bound of the parties consenting hereto. The tube-making equipment and technology by the provisions of the proposed Final Complaint states a claim upon which arrangement between the defendants, Judgment pending its approval by the relief may be granted against defendants and would bar them from collecting any Court; and under Section 1 of the Sherman Act, 15 payment from each other under that 4. In the event plaintiff withdraws its U.S.C. 1. agreement. It also would enjoin consent or if the proposed Final II defendants from entering agreements Judgment is not entered pursuant to this that restrict certain rights of any party Stipulation, this Stipulation shall be of Definitions relating to laminated tubes or laminated no effect whatsoever, and the making of As used in this Final Judgment: tube-making equipment or technology, this Stipulation shall be without A. ‘‘Agreement’’ means any contract, where the parties compete directly prejudice to any party in this or any arrangement, or understanding, whether against each other in the same segment other proceeding. oral or written, or any term or provision of the laminated tube market (tubes, Dated: June 24, 1996. thereof, together with any modification equipment, or technology) to which the or amendment thereto; restraint applies. For Plaintiff: B. ‘‘Laminated tube’’ means a Laminated tubes are collapsible Anne K. Bingaman, collapsible, squeeze-to-use tubular tubular containers of multiple, Assistant Attorney General. package with a sideseam that consists of laminated plastic layers used to package a body of multiple laminated plastic virtually all toothpaste and many Joel I. Klein, Deputy Assistant Attorney General. layers separated by a layer of either pharmaceutical products. plastic or aluminum foil that serves as Public comment on the proposed Rebecca P. Dick, a barrier to moisture, light, gases, or Final Judgment is invited within the Deputy Director of Operations. other agents; a tube head attached to the statutory 60-day comment period. Such Mary Jean Moltenbrey, body; and may include a cap; comments and responses thereto will be Chief, Civil Task Force. C. ‘‘Laminated tube-making published in the Federal Register and Robert J. Zastrow, equipment’’ means machinery, filed with the Court. Comments should apparatus, or devices for making and/or Assistant Chief, Civil Task Force. be directed to Mary Jean Moltenbrey, assembling laminated tubes, including Chief, Civil Task Force, U.S. Department Thomas H. Liddle. forming a tube head, sealing or of Justice, Antitrust Division, 325 7th Scott A. Scheele, otherwise connecting it to a laminated Street, NW., Suite 300, Washington, DC DC Bar No. 429061, Attorneys, Antitrust tube body, or capping the laminated 20530 (202/616–5935). Division, U.S. Department of Justice, Suite tube; Rebecca P. Dick, 300, Liberty Place Building, 325 7th Street, D. ‘‘Laminated tube-making Deputy Director of Operations. N.W., Washington, DC 20530. technology’’ means any form of For Defendant American National Can Co.: intellectual property relating to (i) the UNITED STATES DISTRICT COURT McDermott, Will & Emery design, development, construction, or FOR THE DISTRICT OF COLUMBIA David Marx, Jr., operation of laminated tube-making equipment or any component, feature, In the matter of; UNITED STATES OF A Member of the Firm. AMERICA, Plaintiff, v. AMERICAN or use thereof; (ii) the fabrication of NATIONAL CAN CO., and KMK For Defendant KMK Maschinen Ag: laminated tubes or any component 34864 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices thereof; or (iii) the material used in acquisition of substantially all of any if requested, relating to any matters making laminated tubes; but only to the person’s assets or voting securities contained in this Final Judgment, as extent such component, feature, use, or relating to laminated tube-making may be requested. material relates to laminated tubes and equipment or technology, provided that C. No information or documents not to other types of packaging; (1) the defendant gives the Antitrust obtained pursuant to this section shall E. ‘‘North America’’ means the United Division of the United States be divulged by plaintiff to any person States of America, Canada, and the Department of Justice written notice of other than a duly authorized United Mexican States. the proposed acquisition at least 30 days representative of the Executive Branch prior to its consummation, and (2) if of the United States, except in the III within that 30-day period the Antitrust course of legal proceedings to which the Applicability Division requests additional information United States is a party, or for the purpose of securing compliance with This Final Judgment applies to each and/or documentary material relevant to this Final Judgment, or as otherwise defendant; to each of its officers, the proposed acquisition, the defendant extends the consummation thereof for at required by law. directors, agents, employees, successors, D. If at the time information or assigns, subsidiaries, divisions, and any least an additional 20 days after the date on which the Antitrust Division receives documents are furnished by a defendant other organizational unit controlled by to plaintiff, the defendant represents either defendant; and to all other all the information and documentary material requested from the defendant. and identifies in writing the material in persons in active concert or any such information or documents for participation with any of them who V which a claim of protection may be shall have received actual notice of this Notification asserted under Rule 26(c)(7) of the Final Judgment by personal service or Federal Rules of Civil Procedure, and otherwise. Within 60 days of entry, each the defendant marks each pertinent page defendant shall provide a copy of this IV of such material, ‘‘subject to claim of Final Judgment by mail or personal protection under Rule 26(c)(7) of the Injunctive Relief service to its officers, directors, and Federal Rules of Civil Procedure,’’ then Each defendant is enjoined and managerial employees responsible for plaintiff shall give 10 days’ notice to the prohibited from: defendant’s laminated tubes and/or defendant before divulging such A. Maintaining, enforcing, carrying laminated tube-making equipment or material in any legal proceeding (other out, or claiming any right or operating technology businesses, and to its current than a grand jury proceeding) to which under the 1987 License and Technical laminated tube-making technology the defendant is not a party. Assistance Agreement (LTAA) between licenses in North America. Thereafter, VII American National Can Co. and KMK each defendant shall distribute a copy of Karl Maegerle Lizenz AG; this Final Judgment to any new such Retention of Jurisdiction B. Collecting or attempting to collect officer, director, or managerial employee within 60 days of a person’s assumption Jurisdiction is retained by this Court any royalties, fees, or other payments for the purpose of enabling any party to under the LTAA for (i) the manufacture, of duties as an officer, director, or manager of that defendant. this Final Judgment to apply to this sale, or use in North America of Court at any time for further orders or laminated tubes or laminated tube- VI directions as may be necessary or making equipment or (ii) the license, Compliance Information appropriate to implement or construe sale, or use in North America of this Final Judgment, to modify or laminated tube-making technology; A. To determine or secure compliance terminate any provision thereof, to C. Entering into, maintaining, with this Final Judgment, from time to enforce compliance therewith, and to enforcing, carrying out, or claiming any time, duly authorized representatives of punish violations thereof. right under any agreement with any plaintiff, upon written request of the person who Assistant Attorney General in charge of VIII (1) Owns or has the right to use, the Antitrust Division, or reasonable Term license, and transfer laminated tube- notice to a defendant at its principal making technology that restricts the office and subject to any lawful This Final Judgment shall expire ten right of any party to the agreement to privilege, shall be permitted: years from the date of its entry. use, license, or transfer in North 1. Access during normal office hours IX America laminated tube-making to inspect and copy all books, ledgers, technology that it owns or has the right accounts, correspondence, memoranda, Public Interest to use at the time of the agreement, and other records and documents in the Entry of this Final Judgment is in the (2) Manufactures or sells laminated defendant’s possession, custody, and public interest. tube-making equipment that restricts the control relating to any matters contained Dated: lllllllllllllllll right of any party to the agreement to in this Final Judgment; and Court approval subject to the Antitrust manufacture or sell such equipment in 2. To interview the defendant’s Procedures and Penalties Act, 15 U.S.C. 16. North America using or incorporating officers, employees, or agents regarding lllllllllllllllllllll only laminated tube-making technology such matters, who may have counsel United States District Judge that it owns or has the right to use at present, subject to the defendant’s the time of the agreement, or reasonable convenience but without its Certificate of Service (3) Manufactures or sells laminated restraint or interference. I hereby certify that copies of the tubes in North America that restricts the B. Upon written request of the foregoing Complaint, Stipulation (to right of any party to the agreement to Assistant Attorney General in charge of which is attached a copy of a proposed manufacture or sell, but not use, the Antitrust Division to a defendant’s Final Judgment), and Competitive laminated tubes in North America. principal office, and subject to any Impact Statement were served this 25th The prohibitions of this Section IV.C lawful privilege, the defendant shall day of June 1996, by first class mail, shall not apply to either defendant’s submit such written reports, under oath postage prepaid, upon: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34865

David Marx, Jr., Esq., McDermott, Will tube-making equipment in North economically feasible to ship laminated & Emory, 31st Floor, 227 West America, thereby reducing competition tubes into North America. Monroe Street, Chicago, IL 60606– among equipment manufacturers in the Successful new entry into, or 5096 United States; and expansion within, the laminated tube Counsel for Defendant, American (c) They gave ANC effective control market is difficult. To be successful, a National Can Co. over KMK’s laminated tube-making new entrant must acquire expensive laminated tube-making equipment and C. Loring Jetton, Jr., Esq., Wilmer, Cutler technology in North America, thereby essential, related patented and & Pickering, 2445 M Street, N.W., reducing competition generally in the unpatented laminated tube-making Washington, D.C. 20037–1420 United States laminated tube, laminated tube-making equipment, and related technology. The up-front investment in Counsel for Defendant KMK Maschinen technology markets. plant, machinery, research, technology, AG. The complaint seeks: (1) A and sales is substantial relative to the Thomas H. Liddle, declaration that these agreements profit opportunity available in a Attorney, Antitrust Division, U.S. Department violate section 1 of the Sherman Act; commodity market like this one. of Justice, 325 7th Street, N.W., Washington, and (2) an injunction preventing 2. Laminated Tube-Making Equipment D.C. 20530. defendants from enforcing, maintaining, or renewing any such agreement or Laminated tube-making equipment Competitive Impact Statement entering into or engaging in any other consists of machinery used to Pursuant to section 2(b) of the agreement having a similar purpose or manufacture laminated tubes. This Antitrust Procedures and Penalties Act effect. equipment cannot efficiently be used for (15 U.S.C. 16(b), the United States of The United States and the defendants any other purpose, nor can other America hereby files this Competitive have stipulated that the Court may enter machines easily or efficiently be Impact Statement relating to the the proposed Final Judgment at any converted or adapted to make laminated proposed Final Judgment submitted for time after compliance with the Antitrust tubes. Thus, there are no viable entry in this civil antitrust action Procedures and Penalties Act, 15 U.S.C. economic substitutes for this against American National Can Co. 16 (b)–(h). Under the provisions of equipment. (‘‘ANC’’) and KMK Maschinen AG section 2(e) of the Antitrust Procedures The market for laminated tube-making (‘‘KMK’’). and Penalties Act, 15 U.S.C. 16(e), the equipment is highly concentrated. Besides KMK, only two companies I proposed Final Judgment may not be entered unless the Court finds that its worldwide currently manufacture such Nature and Purpose of the Proceeding entry is in the public interest. equipment. KMK is, therefore, one of only a very The government filed this civil II few firms in the world that can provide antitrust suit on June 25, 1996, alleging laminated tube-making equipment for that defendants violated Section 1 of the The Practices and Events Giving Rise to the Alleged Sherman Act Violations sale in the United States. KMK has sold Sherman Act by engaging in a such equipment worldwide, and its combination and conspiracy that A. The Markets Involved equipment enjoys a good reputation in unreasonably restrains interstate trade 1. Laminated Tubes the industry. KMK has numerous and commerce in the manufacture of patents in countries around the world, laminated tubes and laminated tube- Laminated tubes are collapsible including the United States. making equipment, and in the license tubular containers of multiple, Successful new entry into, or and transfer of related laminated tube- laminated plastic layers used to package expansion within, the market for making technology. The Complaint virtually all toothpaste and many laminated tube-making equipment is alleges that this combination and pharmaceutical products sold in the difficult. To be successful, a new entrant conspiracy consisted of a series of United States. These tubes preserve the must acquire or develop essential continuing agreements between product within a flexible tube without patented and unpatented laminated defendants, the purpose and effect of permitting air or moisture to enter the tube-making technology. Such which was to eliminate competition tube. Other packaging materials either technology is expensive to acquire or between them in the North American cost more than or lack the barrier develop relative to the sales opportunity markets for laminated tubes and characteristics of laminated tubes. Thus, for the equipment. laminated tube-making equipment and there are no viable economic substitutes technology. Specifically, KMK agreed to for laminated tubes. Annual retail sales 3. Laminated Tube-Making Technology sell its laminated tube-making of such tubes in North America are The use of both patented and equipment and license its related about $110 million, or 1.1 billion tubes, unpatented tube-making technology is technology exclusively to ANC, and of which approximately 800 million are essential to the profitable manufacture ANC purchased KMK’s U.S. laminated sold to toothpaste manufacturers; of laminated tubes and laminated tube- tube-making facility. These agreements approximately 300 million are sold to making equipment. There are only a few harmed competition in several ways: pharmaceutical manufacturers and competing forms of such technology (a) They eliminated KMK as a others. today, and KMK, ANC, and an affiliate competitor in the laminated tubes The market for laminated tubes is of ANC’s parent hold the rights to three market, thereby reducing competition highly concentrated. Three companies of the four leading types of the among tube manufacturers in the United manufacture over 95% of such tubes technology worldwide. States; sold in the United States. ANC is the Development of new competitive (b) They precluded KMK from selling largest competitor with total sales technology would require substantial laminated tube-making equipment or comprising over 60% of the United investment with highly uncertain from licensing laminated tube-making States toothpaste tube market. There are returns. New entry into the laminated technology to persons other than ANC only two other competitors in the tube-making technology market cannot for 15 years, and gave ANC effective United States that have 5% or more of reasonably be expected in the control over KMK’s existing laminated the laminated tubes market. It is not foreseeable future. 34866 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

B. Illegal Agreements KMK brought these agreements to the example, KMK and a company that does In 1987, before entering into the attention of the United States and not manufacture tube-making agreements discussed below, both ANC cooperated in its investigation; after equipment could enter into an and KMK were vertically integrated learning that the United States had agreement with KMK granting that companies that owned rights to commenced its investigation into these company an exclusive right to use laminated tube-making technology, agreements, ANC agreed with KMK not KMK’s equipment in North America. Finally, Section IV.C would require manufactured laminated tube-making to interfere with KMK’s right to sell its that defendants give the Department of equipment for use in the United States, laminated tube-making equipment or to Justice notice of, and provide certain and manufactured and sold laminated license its tube-making technology in North America. discovery rights concerning, any tubes in the United States. acquisition of a laminated plastic tube In late 1987, KMK and ANC entered III competitor that included an agreement into several agreements, the purpose Explanation of the Proposed Final not to compete. This notification will and effect of which was to eliminate Judgment and Its Anticipated Effect on enable the Department to investigate competition between them in the North Competition and prevent any anticompetitive American laminated tube and tube- acquisition, including any transaction making equipment markets. A. Terms that does not require notification under Pursuant to one of these agreements The proposed Final Judgment the Hart-Scott-Rodino Act, before it ANC purchased Swisspack Corporation, provides for injunctive relief that is takes place, and thus would prevent KMK’s U.S. affiliate, for just under $15 intended to eliminate any residual these parties from engaging in million, although the laminated tube- anticompetitive effects of the restrictive anticompetitive non-reportable transfers making equipment covered by the agreements and other conduct such as their 1987 transaction. transaction was valued at less than $5 challenged by the Complaint, and to million. As a result of its selling prevent defendants from entering into B. Effect on Competition Swisspack to ANC, KMK exited the similar agreements that would have the The proposed Final Judgment will North American laminated tube market. same effect. Section IV.A of the Final ensure that KMK will be able to On the same day ANC acquired Judgment would terminate the compete in all three North American Swisspack, ANC and KMK entered into defendants’ 1987 LTAA and its laminated plastic tube markets. KMK a License and Technology Assistance exclusivity provisions, thus freeing will be able to sell laminated plastic Agreement (‘‘LTAA’’). Pursuant to that KMK to sell or license its own tubes, sell or lease tube-making agreement, KMK gave ANC an exclusive laminated tube-making equipment and equipment, and license or transfer license to use KMK’s laminated tube- technology to anyone in North America. laminate tube technology. Existing tube making technology, and an exclusive Section IV.B would bar defendants from manufacturers will benefit from right to but its tube-making equipment, collecting any payment from each other increased competition in the sale of in North America (‘‘exclusivity pursuant to the LTAA for the laminate tube-making equipment and provision’’). In exchange, ANC agreed to manufacture, sale, license, or use in technology. New entrants into the North license any laminated tube-making North America of laminated tube- American laminated tube market now technology and buy all laminated tube- making equipment or technology. will have access to the requisite making equipment for use in North Section IV.C of the Judgment would equipment and technology, which may America only from KMK, and not to enjoin each defendant from entering lead to greater competition in the acquire or use any third party’s certain agreements that restrict the right manufacture and sale of laminated laminated tube-making equipment or of any party (i) to use, license, or tubes. technology there. At or about the time transfer in North America laminated To preserve incentives to enter for of these agreements, ANC discontinued plastic tube-making technology that the those firms who may be reluctant to the manufacture of laminated tube- party owns or has the right to use at the make the requisite investment without making equipment. By precluding KMK time of the agreement, or (ii) to exclusive rights to technology or from selling laminated tube-making manufacture or sell laminated plastic equipment, the injunction against equipment or licensing laminated tube- tubes or tube-making equipment in exclusive licenses or otherwise making technology to others in North North America, where such agreements restrictive agreements would apply only America, these agreements reduced likely would lessen competition among to those with persons already competing competition in the North American the parties. Such agreements would be in the same level of the laminated tube laminated tube, laminated tube-making barred if (i) at the time of the agreement market (technology, equipment, or equipment, and laminated tube-making both parties compete directly against tubes) as the defendant. technology markets. each other in any of the three vertically Similarly, to preserve important Several yeas after entering into these related laminated plastic tube markets— incentives to innovate, especially where agreements, ANC was acquired by i.e., technology, equipment, or tubes, a defendant is likely to be the primary Pechiney SA, a French company, one of and (ii) the restraint involved applies to source of the investment, the injunction whose existing subsidiaries, Cotuplas that common market. would not bar that defendant from SA, manufactures laminated tube- For example, Section IV.C would acquiring exclusive rights in laminated making equipment. Since being prohibit either defendant from entering tube-making technology or equipment acquired by Pechiney SA, ANC has into an agreement with a tube-making that is developed or marketed jointly obtained substantially all its laminated equipment manufacturer that restricted with customers or suppliers, provided tube-making equipment from the any party from manufacturing or selling they are not also competitors in the Pechiney SA subsidiary. Until very tube-making equipment in North same market level as that defendant. recently, however, ANC has enforced America because both parties to such an The injunctive provisions also would the exclusivity provisions of the LTAA agreement would be competitors in the exempt restrictions on sale to third against KMK, preventing KMK, its tube-making equipment market. Section parties of equipment made for a equipment, and its technology from IV.C would not bar agreements that are particular customer incorporating that competing with ANC in North America. essentially vertical in nature. For customer’s own technology. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34867

Finally, prior notice to the counsel for defendant KMK, request is prohibited by foreign law, (2) KMK Department of any acquisition by a acknowledging KMK’s right under was not in any way responsible for creating defendant of a laminated tube current law to seek relief from the the conflict between the judgment and foreign law, and (3) KMK has exercised its competitor imposing non-compete compliance provisions of Section VI in best efforts to obtain any waiver or obligations would ensure that the the event it believes a conflict has arisen permission from the foreign government and Department has an opportunity to get between any request for information or other relevant person(s) that would enable it discovery and challenge any such documents under those provisions and to comply with the request. arrangement deemed anticompetitive. foreign law, was considered Sincerely yours, determinative by KMK in agreeing to the Robert J. Zastrow, IV proposed Judgment and is attached Assistant Chief, Civil Task Force. Remedies Available to Private Litigants hereto as Exhibit A. [FR Doc. 96–16889 Filed 7–2–96; 8:45 am] Section 4 of the Clayton Act, 15 VII BILLING CODE 4410±01±M U.S.C. 15, provides that any person who has been injured as a result of conduct Alternative to the Proposed Final prohibited by the antitrust laws may Judgment United States v. AnchorShade, Inc., bring suit in federal court to recover The alternative to the proposed Final No. 96±08426, S.D. Fla., filed June 20, three times the damages suffered, as Judgment is a full trial on the merits. 1996 well as costs and reasonable attorney’s While the Department is confident it Notice is hereby given pursuant to the fees. Entry of the proposed Final would succeed in such a trial, this case Antitrust Procedures and Penalties Act, Judgment will neither impair nor assist involves difficult issues of law and fact, 15 U.S.C. 16(b)–(h), that a proposed the bringing of such actions. Under the as well as obvious risks and costs to the Final Judgment, Stipulation and provisions of section 5(a) of the Clayton United States, and success is not Competitive Impact Statement have Act, 15 U.S.C. 16(a), the Judgment has certain. The Final Judgment to which been filed with the United States no prima facie effect in any subsequent the parties have agreed provides District Court for the Southern District lawsuits that may be brought against the virtually all the relief the Government of Florida in the above-captioned case. defendants in the matter. sought in its complaint, and that relief On June 20, 1996, the United States will fully and effectively open the filed a complaint to prevent and restrain V markets involved to competition. the defendant from violating Section 1 Procedures Available for Modification of Dated: June 25, 1996. of the Sherman Act. The complaint the Proposed Judgment Respectfully submitted, alleges that the defendant conspired to As provided by the Antitrust Thomas H. Liddle, fix the price of outdoor umbrellas sold Procedures and Penalties Act, any Scott A. Scheele, by the defendant to dealers throughout the United States by obtaining person believing that the proposed Final DC Bar No. 429061, Attorneys, U.S. Judgment should be modified may Department of Justice, Antitrust Division, 325 agreements from dealers to maintain the submit written comments to Mary Jean 7th Street, NW, Washington, DC 20530. minimum resale price as a condition of Moltenbrey, Chief, Civil Task Force, receiving outdoor umbrellas from the U.S. Department of Justice U.S. Department of Justice, Antitrust defendant, and permitting dealers to Division, 325 7th Street, NW., Suite 300, Antitrust Division discount in order to meet competition, but only if they obtained written Washington, DC 20530, within the 60- Liberty Place Building, Washington, DC day period provided by the Act. These approval in advance from AnchorShade, 20530 Inc. As a result of the conspiracy, the comments, and the Department’s June 21, 1996. responses, will be filed with the Court resale price of outdoor umbrellas was MJM:RJZ fixed and competition among dealers of and published in the Federal Register. 60–3083–0001 All comments will be given due outdoor umbrellas was restrained. C. Loring Jetton, Jr., Esq., The proposed Final Judgment consideration by the Department of Wilmer, Cutler & Pickering, 2445 M Street, prohibits the defendant from entering Justice, which remains free, pursuant to N.W., Washington, D.C. 20037–1420, Fax into or maintaining any unlawful a stipulation signed by the United States (202) 663–6463. agreement with any dealer that fixes the and defendants, to withdraw its consent Re: KMK Maschinen AG/Laminated Tubes price at which the dealer may sell the to the proposed Judgment at any time Dear Mr. Jetton: During our negotiations of defendant’s outdoor umbrellas to prior to entry. Section VII of the a consent decree in this case, you suggested consumers; adopting any resale pricing proposed Final Judgment provides that the possibility that a conflict could arise policy wherein the defendant (1) Will the Court retains jurisdiction over this between the compliance provisions in sell only to a dealer that prices the action, and the parties may apply to the Section VI of the proposed decree, which defendant’s outdoor umbrellas at or Court for any order necessary or authorize the Assistant Attorney General to above the defendant’s suggested resale appropriate for modification, inspect documents or conduct interviews and price, and/or (2) will terminate any interpretation, or enforcement of the to request written reports, and laws or orders dealer for pricing below such suggested Final Judgment. of foreign governments, which appear to prohibit compliance with such provisions. Of resale price; and threatening any dealer VI course, we would attempt to work with KMK with termination or terminating any to avoid any such conflict in exercising our dealer from pricing below the Determinative Materials/Documents rights under Section VI. In the event that we defendant’s suggested resale price, and No materials or documents of the type could not reach agreement with you, discussing with any dealer any decision described in section 2(b) of the Antitrust however, KMK would be free to seek relief from the decree court from its obligations to regarding termination of any other Procedures and Penalties Act, 15 U.S.C. comply with any Section VI request. Under dealer for any reason related to pricing 16(b), were considered by the United the principles set forth in Societe below the defendant’s suggested resale States in formulating the proposed Final Internationale v. Rogers, 357 U.S. 197 (1958) price. Judgment. However, a letter, dated June and its progeny, KMK would have the burden Public comment is invited within the 21, 1996, from plaintiff’s counsel to of showing that (1) compliance with the statutory 60-day period. Such comments 34868 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices will be published in the Federal For the Plaintiff: D. ‘‘Resale price’’ means any price, Register and filed with the Court. Anne K. Bingaman, price floor, price ceiling, price range, or Comments should be addressed to Assistant Attorney General. any mark-up, formula or margin of Ralph T. Giordano, Chief, New York Joel I. Klein, profit relating to outdoor umbrellas sold Office, U.S. Department of Justice, Deputy Assistant Attorney General. by dealers. Antitrust Division, 26 Federal Plaza, Rebecca P. Dick, III Room 3630, New York, New York 10278 Deputy Director of Operations. Applicability (telephone: (212) 264–0390). Ralph T. Giordano, A. This Final Judgment applies to Rebecca P. Dick, Chief, New York Office. Deputy Director of Operations. defendant and to each of its officers, For the Defendant: directors, agents, employees, United States District Court Southern Barry L. Haley, subsidiaries, successors and assigns, District of Florida Counsel for AnchorShade, Inc., Malin, Haley, and to all other persons in active DiMaggio and Crosby, P.A., Suite 1609, 1 concert or participation with any of In the matter of; UNITED STATES OF East Broward Boulevard, Fort Lauderdale, them who shall have received actual AMERICA, Plaintiff, v. ANCHORSHADE, Florida 33301. notice of this Final Judgment by INC., Defendant; Civil Action No. 96–08426, Patricia L. Jannaco, personal service or otherwise. Judge Daniel T. K. Hurley. Attorney, Antitrust Division, United States B. Defendant shall require, as a Stipulation Department of Justice, 26 Federal Plaza, condition of the sale of all or Room 3630, New York, New York 10278, (212) substantially all of its assets or stock, It is stipulated by and between the 264–0660. that the acquiring party agree to be undersigned parties, by their respective Final Judgment bound by the provisions of this Final attorneys, that: Judgment. Plaintiff, United States of America, 1. The parties to this Stipulation having filed its complaint herein on IV consent that a Final Judgment in the , and plaintiff and defendant, Prohibited Conduct form attached may be filed and entered AnchorShade, Inc., having consented to by the Court, upon any party’s or the the entry of this Final Judgment without A. Defendant is hereby enjoined and Court’s own motion, at any time after trial or adjudication of any issue of fact restrained from directly or indirectly compliance with the requirements of the or law herein and without this Final entering into, adhering to, maintaining, Antitrust Procedures and Penalties Act Judgment constituting any evidence furthering, enforcing or claiming any (15 U.S.C. 16), without further notice to against or an admission by any party right under any contract, agreement, any party or other proceedings, with respect to any such issue; understanding, plan or program with provided that plaintiff has not And whereas defendant has agreed to any dealer to fix, stabilize or maintain withdrawn its consent, which it may do be bound by the provisions of this Final the resale prices at which outdoor umbrellas sold or distributed by the at any time before entry of the proposed Judgment pending its approval by the defendant may be sold or offered for Final Judgment by serving notice on the Court; Now, THEREFORE, before the taking sale in the United States by any dealer. defendant and by filing that notice with B. Defendant is further enjoined and the Court. of any testimony and without trial or adjudication of any issue of fact or law restrained for a period of five years from 2. If plaintiff withdraws its consent or herein, and upon consent of the parties the date of entry of this Final Judgment the proposed Final Judgment is not hereto, it is hereby ORDERED, from directly or indirectly announcing entered pursuant to this Stipulation, ADJUDGED AND DECREED as follows: to the public or to any present or this Stipulation shall be of no effect potential dealer of its outdoor umbrellas whatever and its making shall be I that defendant has or is adopting, without prejudice to any party in this or Jurisdiction promulgating, suggesting, announcing any other proceeding. or establishing any resale pricing policy This Court has jurisdiction of the for outdoor umbrellas that provides that: Dated: June 20, 1996. subject matter of this action and of the (1) Defendant will sell only to a dealer party consenting hereto. The complaint that prices at or above defendant’s states a claim upon which relief may be suggested resale price, and/or (2) granted against defendant under Section defendant will terminate any dealer for 1 of the Sherman Act (15 U.S.C. 1). pricing below defendant’s suggested II resale price. C. Defendant is further enjoined and Definitions restrained for a period of five years from As used in this Final Judgment: the date of entry of this Final Judgment A. ‘‘Person’’ means any individual, from (1) threatening any dealer with corporation, partnership, company, sole termination or terminating any dealer proprietorship, firm or other legal for pricing below the defendant’s entity. suggested resale price, and (2) B. ‘‘Dealer’’ means any person, not discussing with any present or potential wholly owned by AnchorShade, Inc., dealer any decision regarding who purchases or acquires outdoor termination of any other dealer for any umbrellas manufactured or sold by reason directly or indirectly related to AnchorShade, Inc. for resale. the latter dealer’s pricing below C. ‘‘Outdoor umbrellas’’ means defendant’s suggested resale price; collapsible devices that provide shade provided, however, that nothing herein for protection against sun or weather. shall prohibit the defendant during this Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34869 five-year period from terminating a B. Distributing in a timely manner a may have counsel present, relating to dealer for using any of defendant’s copy of this Final Judgment to any any matters contained in this Final products to promote the sale of products owner, officer or employee who Judgment. manufactured by other companies, or succeeds to a position described in 2. To interview defendant’s officers, any other reasons other than pricing Section VI A. employees and agents, who may have below defendant’s suggested resale C. Briefing annually those persons counsel present, regarding any such price. Furthermore, nothing in this designated in Sections VA A and B on matters. The interviews shall be subject paragraph shall be deemed to prohibit the meaning and requirements of this to the defendant’s reasonable the defendant from adopting suggested Final Judgment and the antitrust laws. convenience. resale prices and communicating such C. Obtaining from each owner, officer B. Upon the written request of the resale prices to dealers. or employee designated in Section VI A Attorney General or the Assistant and B certification that he or she (1) has V. Attorney General in charge of the read, understands and agrees to abide by Antitrust Division made to defendant at Notification Provisions the terms of this Final Judgment; (2) its principal office, defendant shall understands that failure to comply with submit such written reports, under oath Defendant is hereby ordered and this Final Judgment may result in directed: if requested, with respect to any of the conviction for criminal contempt of matters contained in this Final A. To send a written notice, and in court; and (3) is not aware of any the form attached as Appendix A to this Judgment as may be requested, subject violation of the Final Judgment that has to any legally recognized privilege. Final Judgment, a copy of this Final not been reported to the Antitrust Judgment, within sixty days of the entry Compliance Officer. C. No information or documents of this Final Judgment, to each dealer E. Maintaining a record of recipients obtained by the means provided in this who purchased outdoor umbrellas from from whom the certification in Section Section VIII shall be divulged by any defendant from January 1, 1992 to the VI D has been obtained. representative of the Department of date of entry of this Final Judgment. Justice to any person other than a duly B. To send a written notice, in the VII authorized representative of the form attached as Appendix A to this Certification Executive Branch of the United States, except in the course of legal proceedings Final Judgment, and a copy of this Final A. Within seventy-five days of this Judgment, to each dealer who purchases to which the United States is a party or Final Judgment, defendant shall certify for the purpose of securing compliance outdoor umbrellas from defendant to plaintiff whether the defendant has within ten years of entry of this Final with this Final Judgment, or as designated an Antitrust Compliance otherwise required by law. Judgment and who was not previously Officer and has distributed the Final D. If at the time information or given such notice. Such notice shall be Judgment in accordance with Section VI documents are furnished by defendant sent within thirty days after the A above. to plaintiff, defendant represents and shipment of outdoor umbrellas is made B. For ten years after the entry of this identifies in writing the material in any to such dealer by defendant. Final Judgment, on or before its such information or documents to anniversary date, the defendant shall VI which a claim of protection may be file with the plaintiffs an annual asserted under Rule 26(c)(7) of the Compliance Program statement as to the fact of its compliance Federal Rules of Civil Procedure, and with the provisions of Sections V and Defendant is ordered to establish and defendant marks each pertinent page of maintain an antitrust compliance VI. C. If defendant’s Antitrust such materials, ‘‘Subject to claim of program which shall include protection under Rule 26(c)(7) of the designating, within thirty days of entry Compliance Officer learns of any violations of any of the terms and Federal Rules of Civil Procedure,’’ then of this Final Judgment, an Antitrust ten days notice shall be given by Compliance Officer with responsibility conditions contained in this Final Judgment, defendant shall immediately plaintiff to defendant prior to divulging for accomplishing the antitrust such material in any legal proceeding compliance program and with the notify the plaintiff and forthwith take appropriate action to terminate or (other than a grand jury proceeding), so purpose of achieving compliance with that defendant shall have an this Final Judgment. The Antitrust modify the activity so as to comply with this Final Judgment. opportunity to apply to this Court for Compliance Officer shall, on a protection pursuant to Rule 26(c)(7) of continuing basis, supervise the review VIII the Federal Rules of Civil Procedure. of the current and proposed activities of E. Within ten days after receiving any his or her company to assure that it Plaintiff Access request under Sections VIII A or VII B, complies with this Final Judgment. The A. For the purpose of determining or defendant may apply to this Court for an Antitrust Compliance Officer shall be securing compliance with this Final order to quash or limit the scope of the responsible for accomplishing the Judgment, and for no other purpose, request, and after providing plaintiff following activities: duly authorized representatives of with an opportunity to respond to such A. Furnishing a copy of this Final plaintiff shall, upon written request of application, this Court shall enter such Judgment within thirty days of entry of the Attorney General or the Assistant order or directions as may be necessary this Final Judgment to each of Attorney General in charge of the or appropriate for carrying out and AnchorShade, Inc.’s officers and Antitrust Division, and on reasonable ensuring compliance with this Final directors and each of its employees, notice to the defendant, be permitted, Judgment. representatives or agents whose duties subject to any legally recognized include supervisory or direct privilege: IX responsibility for the sale or advertising 1. Access during defendant’s office Duration of Final Judgment of outdoor umbrellas in the United hours to inspect and copy all records States, except those employees whose and documents in the possession or Except as otherwise provided functions are purely clerical or manual. under the control of defendant, which hereinabove, this Final Judgment shall 34870 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices remain in effect until ten (10) years from 1 East Broward Boulevard, Fort punish violations of any of its the date of entry. Lauderdale, Florida 33301. provisions. X Patricia L. Jannaco, II Attorney, Antitrust Division, United States Construction, Enforcement, Department of Justice, 26 Federal Plaza, Description of Practices Giving Rise to Modification and Compliance Room 3630, New York, New York, 10278, the Alleged Violation of the Antitrust (212) 264–0660. Laws Jurisdiction is retained by the Court AnchorShade, Inc., a Florida for the purpose of enabling any of the United States District Court Southern District of Florida corporation, is a seller in the United parties to this Final Judgment to apply States of outdoor umbrellas that are to this Court at any time for such further In the matter of; United States of America, used on boats to provide shade for orders or directions as may be necessary Plaintiff, v. Anchorshade, Inc., Defendant; protection against sun or weather. or appropriate for the construction or Civil Action No. 96–08426, Filed: 6/20/96; 15 AnchorShade, Inc. sells outdoor U.S.C. 1; 15 U.S.C. 4; Judge Daniel T.K. carrying out of this Final Judgment, for Hurley. umbrellas to dealers, who sell them to the modification of any of its provisions, consumers. AnchorShade, Inc. further for its enforcement or compliance, and Competitive Impact Statement stipulated that AnchorShade, Inc. for the punishment of any violation of The United States of America, would terminate its relationship with its provisions. pursuant to section 2 of the Antitrust any dealer who sold its outdoor Procedures and Penalties Act (APPA), umbrellas below the stated resale price. XI In December 1992, AnchorShade, Inc. 15 U.S.C. 16(b), submits this entered into outright, written Public Interest Competitive Impact Statement in agreements with certain dealers which connection with the proposed Final required them to sell its outdoor Entry of this Final Judgment is in the Judgment submitted for entry in this umbrellas to consumers at a resale price public interest. civil antitrust proceeding. lllllllllllllllll not lower than $169. The agreements Dated: I further required a dealer that wanted to lllllllllllllllllllll discount, in order to meet competition, Nature and Purpose of the Proceeding United States District Court Judge to obtain advance written permission Appendix A On June 20, 1996, the United States from AnchorShade, Inc. These filed a civil antitrust complaint under agreements went well over the line Dear AnchorShade Dealer. The Antitrust Section 4 of the Sherman Act, as established in the case law (see, Division of the United States Department of amended, 15 U.S.C. 4, alleging that the Business Electronics Corp. v. Sharp Justice filed a civil suit alleging that from at defendant AnchorShade, Inc. engaged in Electronics Corp., 485 U.S. 717 (1988), least as early as December 1992 through at a combination and conspiracy, in least February 1995, AnchorShade, Inc. Monsanto Co. v. Spray-Rite Service violation of Section 1 of the Sherman (AnchorShade) entered into and maintained Corp., 465 U.S.752 (1984), United States Act, 15 U.S.C. 1, to fix the price of agreements with certain dealers to fix and v. Colgate & Co., 250 U.S. 300 (1919)), outdoor umbrellas sold by maintain the resale prices of AnchorShade and served to keep prices artificially products. AnchorShade has agreed, without AnchorShade, Inc. to dealers throughout high. the United States. The complaint alleges admitting any violation of the law and III without being subject to any monetary that, in furtherance of this conspiracy, penalties, to the entry of a civil Consent AnchorShade, Inc.: Explanation of the Proposed Final Order prohibiting certain pricing practices in (a) obtained agreements from dealers Judgment the United States, including for a period of to maintain the minimum resale price as The parties have stipulated that the five years prohibiting AnchorShade from a condition of receiving outdoor proposed Final Judgment may be announcing to the public or to any dealer umbrellas from AnchorShade, Inc.; entered by the Court at any time after that AnchorShade has a resale pricing policy (b) permitted dealers to discount in compliance with the APPA. The that contains any provision that provides that order to meet competition, but only if proposed Final Judgment states that it (a) AnchorShade will sell only to a dealer the obtained written approval in shall not constitute an admission by that prices at or above AnchorShade’s advance from AnchorShade, Inc. either party with respect to any issue of suggested resale price, and/or (b) The complaint also alleges that the fact or law. AnchorShade will terminate any dealer for combination and conspiracy is illegal, The proposed Final Judgment enjoins pricing below AnchorShade’s suggested and seeks to enjoin AnchorShade, Inc. any direct or indirect continuation or resale price. A copy of the Order is enclosed. from continuing or renewing the alleged renewal of the type of conspiracy Should you have any questions concerning combination or conspiracy and from alleged in the complaint. Specifically, this letter, please feel free to contact me. engaging in any combination or Section IV enjoins and restrains the Sincerely, conspiracy or adopting any practice or defendant from entering into, adhering lllllllllllllllllllll plan having a similar purpose or effect. to, maintaining, furthering, enforcing or The United States and AnchorShade, claiming any right under any contract, Certificate of Service Inc. have stipulated that the proposed agreement, understanding, plan or Final Judgment may be entered after program with any dealer to fix, stabilize, I, Patricia L. Jannaco, hereby certify compliance with the APPA, unless the or maintain the resale prices at which that on the 20th day of June, 1996, I United States withdraws its consent. outdoor umbrellas sold or distributed by served the foregoing Stipulation and The Court’s entry of the proposed the defendant may be sold or offered for Proposed Final Judgment by causing Final Judgment will terminate the sale in the United States by any dealer. copies thereof to be hand-delivered to: action, except that the Court will retain The proposed Final Judgment not Barry L. Haley, Esq., Malin, Haley, jurisdiction over the matter for possible only bars AnchorShade, Inc.’s unlawful DiMaggio and Crosby, P.A., Suite 1608, further proceedings to construe, modify practice, but also contains additional or enforce the Final Judgment, or to provisions that are remedial in nature. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34871

Section IV provides that the defendant Section IX makes the Final Judgment Written comments should be is prohibited for five years from effective for ten years from the date of submitted to: Ralph T. Giordano, Chief, announcing to the public or to any its entry. New York Office, Antitrust Division, present or potential dealer of its outdoor Section XI of the proposed Final United States Department of Justice, 26 umbrellas that defendant has or is Judgment states that entry of the Final Federal Plaza, Room 3630, New York, adopting, promulgating, suggesting, Judgment is in the public interest. New York 10278. announcing or establishing any resale Under the provisions of the APPA, entry Under Section X of the proposed pricing policy for outdoor umbrellas of the proposed Final Judgment is Final Judgment, the Court will retain that provides that: (1) defendant will conditional upon a determination by the jurisdiction over this matter for the sell only to a dealer that prices its Court that the proposed Final Judgment purpose of enabling any of the parties to outdoor umbrellas at or above is in the public interest. apply to the Court for such further defendant’s suggested resale price, and/ The United States believes that the orders or directions as may be necessary or (2) defendant will terminate any proposed Final Judgment is fully or appropriate for the construction, dealer for pricing below defendant’s adequate to prevent the continuation or implementation, modification or suggested resale price. recurrence of the violation of section 1 enforcement of the Final Judgment, or Additionally, the defendant is of the Sherman Act alleged in the for the punishment of any violations of prohibited for a period of five years Complaint, and that the disposition of the Final Judgment. from the date of entry of the Final this proceeding without further VI Judgment from (1) threatening any litigation is appropriate and in the dealer with termination or terminating public interest. Alternatives to the Proposed Final any dealer for pricing below the Judgment defendant’s suggested resale price, and IV The only alternative to the proposed (2) discussing with any present or Remedies Available to Potential Private potential dealer any decision regarding Final Judgment considered by the Litigants termination of any other dealer for any United States will a full trial on the reason directly or indirectly related to Section 4 of the Clayton Act, 15, merits and on relief. Such litigation the latter dealer’s pricing below provides that any person who had been would involve substantial costs to the defendant’s suggested resale price. injured as a result of conduct prohibited United States and is not warranted Section V of the proposed Final by the antitrust laws may bring suit in because the proposed Final Judgment Judgment is designed to ensure that federal court to recover three times the provides appropriate relief against the AnchorShade, Inc.’s dealers are aware of damages the person has suffered, as well violations alleged in the Complaint. the limitations imposed on it by the as costs and reasonable attorney fees. Final Judgment. Section V requires the Entry of the proposed Final Judgment VII defendant to send notice and copies of will neither impair nor assist the Determinative Materials and Documents the Final Judgment to each dealer who bringing of any private antitrust damage purchased outdoor umbrellas from the action. Under the provisions of section No materials or documents were defendant from January 1, 1992 to the 5(a) of the Clayton Act, 15 U.S.C. determinative in formulating the date of entry of the Final Judgment. In § 16(a), the proposed Final Judgment proposed Final Judgment. addition, the defendant is required to has no prima facie effect in any Consequently, the United States has not send notices and copies of the Final subsequent private lawsuit that may be attached any such materials or Judgment to every other dealer who brought against the defendant. documents to the proposed Final purchases outdoor umbrellas from Judgment. AnchorShade, Inc. within ten years of V Dated: June 20, 1996. the date of entry of the proposed Final Procedures Available for Modification of Respectfully submitted, Judgment. the Proposed Final Judgment Section VI requires the defendant to Patricia L. Jannaco, set up an antitrust compliance program. The United States and the defendant Attorney, Antitrust Division, United States The defendant is also required to have stipulated that the proposed Final Department of Justice, 26 Federal Plaza, furnish a copy of the Final Judgment to Judgment may be entered by the Court Room 3630, New York, New York 10278, (212) 264–0660. each of its officers and directors and after compliance with the provisions of each of its nonclerical employees, the APPA, provided that the United [FR Doc. 96–16890 Filed 7–2–96; 8:45 am] representatives or agents with States has not withdrawn its consent. BILLING CODE 4410±01±M supervisory or direct responsibility for The APPA provides a period of at the sale or advertising of outdoor least sixty days preceding the effective Immigration and Naturalization Service umbrellas in the United States. date of the proposed Final Judgment In addition, the proposed Final within which any person may submit to Agency Information Collection Judgment provides a method of the United States written comments Activities: Revision of Existing determining and securing the regarding the proposed Final Judgment. Collection; Comment Request defendant’s compliance with its terms. Any person who wants to comment Section VIII provides that, upon request should do so within sixty days of the ACTION: Notice of Information Collection of the Department of Justice, the date of publication of this Competitive Under Review; Affidavit of support. defendant shall submit written reports, Impact Statement in Federal Register. under oath, with respect to any of the The United States will evaluate the The proposed information collection matters contained in the Final comments, determine whether it should is published to obtain comments from Judgment. Additionally, the Department withdraw its consent, and respond to the public and affected agencies. of Justice is permitted to inspect and the comments. The comments and the Comments are encouraged and will be copy all books and records, and to responses of the United States will be accepted for ‘‘sixty days’’ from the date interview officers, directors, employees filed with the Court and published in listed at the top of this page in the and agents of the defendant. the Federal Register. Federal Register. 34872 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Request written comments and estimated for an average respondent to instrument with instructions, or suggestions from the public and affected respond: 44,000 responses at 20 minutes additional information, please contact agencies concerning the proposed (.333) per response. Richard A. Sloan 202–616–7600, collection of information. Your (6) An estimate of the total public Director, Policy Directives and comments should address one or more burden (in hours) associated with the Instructions Branch, Immigration and of the following four points: collection: 14,652 annual burden hours. Naturalization Service, U.S. Department (1) Evaluate whether the proposed If additional information is required of Justice, Room 5307, 425 I Street, NW., collection of information is necessary contact: Mr. Robert B. Briggs, Clearance Washington, DC 20536. Additionally, for the proper performance of the Officer, United States Department of comments and/or suggestions regarding functions of the agency, including Justice, Information Management and the item(s) contained in this notice, whether the information will have Security Staff, Justice Management especially regarding the estimated practical utility; Division, Suite 850, Washington Center, public burden and associated response (2) Evaluate the accuracy of the 1001 G Street, NW., Washington, DC time may also be directed to Mr. agencies’ estimate of the burden of the 20530. Richard A. Sloan. proposed collection of information, Dated: June 26, 1996. Overview of this information including the validity of the Robert B. Briggs, collection: methodology and assumptions used; (1) Type of Information Collection: (3) Enhance the quality, utility, and Department Clearance Officer, United States Department of Justice. Revision of a currently approved clarity of the information to be collection. collected; and [FR Doc. 96–16966 Filed 7–2–96; 8:45 am] (2) Title of the Form/Collection: (4) Minimize the burden of the BILLING CODE 4410±18±M Monthly Report Naturalization Papers. collection of information on those who are to respond, including through the (3) Agency form number, if any, and use of appropriate automated, Agency Information Collection the applicable component of the electronic, mechanical, or other Activities: Revision of existing Department of Justice sponsoring the technological collection techniques or collection; comment request collection: Form N–4. Office of Examinations, Adjudications, other forms of information technology, ACTION: Notice of Information Collection Immigration and Naturalization Service. e.g., permitting electronic submission of Under Review; Monthly Report (4) Affected public who will be asked responses. Naturalization Papers. If you have additional comments, or required to respond, as well as a brief suggestions, or need a copy of the The proposed information collection abstract: Primary: Federal and State proposed information collection is published to obtain comments from Governments. This form is used by the instrument with instructions, or the public and affected agencies. clerk of courts that administer the oath additional information, please contact Comments are encouraged and will be of allegiance for naturalization to notify Richard A. Sloan, 202–616–7600, accepted for ‘‘sixty days’’ from the date the Immigration and Naturalization Director, Policy Directives and listed at the top of this page in the Service of all persons to whom the oath Instructions Branch, Immigration and Federal Register. was administered. Naturalization Service, U.S. Department Request written comments and (5) An estimate of the total number of of Justice, Room 5307, 425 I Street, NW., suggestions from the public and affected respondents and the amount of time Washington, DC 20536. Additionally, agencies concerning the proposed estimated for an average respondent to comments and/or suggestions regarding collection of information. Your respond: 1,920 responses at 30 minutes the item(s) contained in this notice, comments should address one or more (.50) per response. especially regarding the estimated of the following four points: (6) An estimate of the total public public burden and associated response (1) Evaluate whether the proposed burden (in hours) associated with the time may also be directed to Mr. collection of information is necessary collection: 960 annual burden hours. Richard A. Sloan. for the proper performance of the If additional information is required Overview of this information functions of the agency, including contact: Mr. Robert B. Briggs, Clearance collection: whether the information will have Officer, United States Department of (1) Type of Information Collection: practical utility; Justice, Information Management and Revision of a currently approved (2) Evaluate the accuracy of the Security Staff, Justice Management collection. agencies estimate of the burden of the Division, Suite 850, Washington Center, (2) Title of the Form/Collection: proposed collection of information, 1001 G Street, NW., Washington, DC Affidavit of support. including the validity of the 20530. (3) Agency form number, if any, and methodology and assumptions used; the applicable component of the (3) Enhance the quality, utility, and Dated: June 27, 1996. Department of Justice sponsoring the clarity of the information to be Robert B. Briggs, collection: Form I–134. Office of collected; and Department Clearance Officer, United States Examinations, Adjudications, (4) Minimize the burden of the Department of Justice. Immigration and Naturalization Service. collection of information on those who [FR Doc. 96–16937 Filed 7–2–96; 8:45 am] (4) Affected public who will be asked are to respond, including through the BILLING CODE 4410±18±M or required to respond, as well as a brief use of appropriate automated, abstract: Primary: Individuals or electronic, mechanical, or other households. The information collection technological collection techniques or Agency Information Collection is used to determine whether the other forms of information technology, Activities: Extension of Existing applicant for benefit will become a e.g., permitting electronic submission of Collection; Comment Request responses. public charge if admitted to the United ACTION: Notice of Information Collection If you have additional comments, States. Under Review; Application to Replace (5) An estimate of the total number of suggestions, or need a copy of the Alien Registration Card. respondents and the amount of time proposed information collection Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34873

Office of Management and Budget (2) Title of the Form/Collection. 20503 ((202) 395–7316, by August 2, (OMB) approval is being sought for the Application to Replace Alien 1996. information collection listed below. Registration Card. The OMB is particularly interested in This proposed information collection (3) Agency for number, if any, and the comments which: was previously published in the Federal applicable component of the • evaluate whether the proposed Register on April 22, 1996, at 61 FR Department of Justice sponsoring the collection of information is necessary 17728–17729, allowing for a 60-day collection: Form I–90. Office of for the proper performance of the public comment period. No comments Examinations, Adjudications, functions of the agency, including were received by the Immigration and Immigration and Naturalization Service. whether the information will have Naturalization Service. (4) Affected public who will be asked practical utility; The purpose of this notice is to allow or required to respond, as well as a brief • evaluate the accuracy of the an additional 30 days for public abstract: Primary: Individuals or agency’s estimate of the burden of the comments from the date listed at the top Households. The information collected proposed collection of information, of this page in the Federal Register. will be used by the INS to determine including the validity of the This process is conducted in accordance eligibility for an initial Alien methodology and assumptions used; with 5 CFR Part 1320.10. Registration Card, or to Replace a • enhance the quality, utility, and previously issued card. clarity of the information to be Written comments and/or suggestions (5) An estimate of the total number of regarding the item(s) contained in this collected; and respondents and the amount of time • minimize the burden of the notice, especially regarding the estimated for an average respondent to estimated public burden and associated collection of information on those who respond: 1,300,000 responses at 55 are to respond, including through the response time, should be directed to the minutes (.90) per response. Office of Management and Budget, use of appropriate automated, (6) An estimate of the total public electronic, mechanical, or other Office of Regulatory Affairs, Attention: burden (in hours) associated with the Department of Justice Desk Officer, technological collection techniques or collection: 1,170,000 annual burden other forms of information technology, Washington, DC 20530. Additionally, hours.. comments may be submitted to OMB via e.g., permitting electronic submission of Public comment on this proposed responses. facsimile to 202–395–7285. Comments information collection is strongly may also be submitted to the encouraged. Agency: Occupational Safety and Department of Justice (DOJ), Justice Health Administration. Dated: June 26, 1996. Management Division, Information Title: Process Safety Management of Management and Security Staff, Robert B. Briggs, Highly Hazardous Chemicals. Attention: Department Clearance Department Clearance Officer, United States OMB Number: 1218–0200. Officer, Suite 850, 1001 G Street, NW., Department of Justice. Frequency: On-going. Washington, DC 20530. Additionally, [FR Doc. 96–16968 Filed 7–2–96; 8:45 am] Affected Public: Business or other for- comments may be submitted to DOJ via BILLING CODE 4410±18±M profit. facsimile to 202–514–1534. Number of Respondents: 24,939. Written comments and suggestions Estimated Time Per Respondent: from the public and affected agencies DEPARTMENT OF LABOR 5,007. Total Burden Hours: 126,505,297. should address one or more of the Office of the Secretary following points: Total Annualized capital/startup costs: 0. (1) Evaluate whether the proposed Submission for OMB Review; Total annual costs (operating/ collection of information is necessary Comment Request maintaining systems or purchasing for the proper performance of the services): 0. functions of the agency/component, June 27, 1996. The Department of Labor (DOL) has Description: These requirements/ including whether the information will records are directed toward assuring have practical utility; submitted the following public information collection requests (ICRs) to that the hazards associated with (2) Evaluate the accuracy of the the Office of Management and Budget processes using highly hazardous agencies/components estimate of the (OMB) for review and approval in chemicals are managed. They burden of the proposed collection of accordance with the Paperwork established procedures for process information, including the validity of Reduction Act of 1995 (Pub. L. 104–13, safety management that will protect the methodology and assumptions used; 44 U.S.C. Chapter 35). Copies of these employees by preventing or minimizing (3) Enhance the quality, utility, and individual ICRs, with applicable the consequences of chemical accidents clarity of the information to be supporting documentation, may be involving highly hazardous chemicals collected; and obtained by calling the Department of that could lead to a catastrophe. (4) Minimize the burden of the Labor Acting Departmental Clearance Agency: Occupational Safety and collection of information on those who Officer, Theresa M. O’Malley ((202) Health Administration. are to respond, including through the 219–5095). Individuals who use a Title: Hazardous Waste Operations use of appropriate automated, telecommunications device for the deaf and Emergency Response (29 CFR electronic, mechanical, or other (TTY/TDD) may call (202) 219–4720 1910.120). technological collection techniques or between 1:00 p.m. and 4:00 p.m. Eastern OMB Number: 1218–0202. other forms of information technology, time, Monday through Friday. Frequency: On occasion; Annually. e.g., permitting electronic submission of Comments should be sent to Office of Affected Public: Business or other for- responses. The proposed collection is Information and Regulatory Affairs, profit; Federal Government; State, Local listed below: Attn: OMB Desk Officer for (BLS/DM/ or Tribal Government. (1) Type of Information Collection: ESA/ETA/OAW/MSHA/OSHA/PWBA/ Number of Respondents: 35,753. Extension of a currently approved VETS), Office of Management and Estimated Time Per Respondent: collection. Budget, Room 10235, Washington, DC 62.35 hours. 34874 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Total Burden Hours: 2,229,062. proposed collection of information, Employment and Training Total Annualized capital/startup including the validity of the Administration costs: 0. methodology and assumptions used; Total annual costs (operating/ • enhance the quality, utility, and Notice of Determinations Regarding maintaining systems or purchasing clarity of the information to be Eligibility To Apply for Worker services: 0. collected; and Adjustment Assistance and NAFTA Description: 29 CFR 1910.120 • minimize the burden of the Transitional Adjustment Assistance regulates the safety and health of collection of information on those who employees engaged in hazardous waste In accordance with Section 223 of the are to respond, including through the site operations and emergency response Trade Act of 1974, as amended, the use of appropriate automated, to the release of hazardous substances Department of Labor herein presents electronic, mechanical, or other from their containers. It was mandated summaries of determinations regarding technological collection techniques or by Congress under section 126 of the eligibility to apply for trade adjustment other forms of information technology, Superfund Amendments and assistance for workers (TA–W) issued e.g., permitting electronic submissions Reauthorization Act of 1986. Worker during the period of June, 1996. of responses. populations covered by the rule include In order for an affirmative workers at Superfund clean-sites and Agency: Bureau of Labor Statistics. determination to be made and a similar operations, workers at EPA Title: Manual for Developing Local certification of eligibility to apply for permitted disposal sites, and emergency Area Unemployment Statistics. worker adjustment assistance to be response workers at those sites, OMB Number: 1220–0017. issued, each of the group eligibility requirements of Section 222 of the Act firefighters, emergency medical service Affected Public: State government. personnel, police, and others involved must be met. Number of Respondents. 52. (1) That a significant number or in hazardous substance emergency Estimated Time Per Respondent: 1.73 proportion of the workers in the response. hours. workers’ firm, or an appropriate Theresa M. O’Malley, Total Burden Hours: 130,755 Hours. subdivision thereof, have become totally Acting Departmental Clearance Officer. Total Burden Cost (capital/startup): or partially separated, [FR Doc. 96–16909 Filed 7–2–96; 8:45 am] $0. (2) That sales or production, or both, BILLING CODE 4510±23±M Total Burden Cost (capital/startup): of the firm or subdivision have $0. decreased absolutely, and (3) That increases of imports of Submission for OMB Emergency Total Burden Cost (operating/ maintenance): $0. articles like or directly competitive with Review; Comment Request articles produced by the firm or Description: The Department of Labor, appropriate subdivision have June 24, 1996. through the Bureau of Labor Statistics, contributed importantly to the The Department of Labor has is responsible for the development and separations, or threat thereof, and to the submitted the following (see below) publication of local area labor force absolute decline in sales or production. information request (ICR), utilizing statistics. Data are gathered by State emergency review procedures, to the Employment Security Agencies and Negative Determinations for Worker Office of Management and Budget transmitted to the Bureau of Labor Adjustment Assistance (OMB) for review and clearance in Statistics. This program includes the In each of the following cases the accordance with the Paperwork issuance of monthly estimates of the investigation revealed that criterion (3) Reduction Act of 1995 Pub. L. 104–13, labor force, employment, has not been met. A survey of customers 44 U.S.C. Chapter 35). OMB approval unemployment, and the unemployment indicated that increased imports did not has been requested by July 12, 1996. A rate for each State and labor market area contribute importantly to worker copy of this ICR, with applicable in the Nation. separations at the firm. supporting documentation, may be The labor force estimates developed TA–W–32,350; Clear Pine Moulding, obtained by calling the Department of and issued in this program are used for Prineville, OR Labor Acting Departmental Clearance economic analysis and as a tool in the TA–W–32,205; Progressive Knitting Mills Officer, Theresa M. O’Malley ((202) implementation of Federal economic of Pennsylvania, Philadelphia, PA 219–5095). policy in such areas as employment and TA–W–32,157; Fasco Industries, Inc., Comments and questions about the economic development under the Job Motors Div., Tipton, MO ICR listed below should be forwarded to Training and Partnership Act, the Public In the following cases, the the Office of Information and Regulatory Works and Economic Development Act, Affairs, Attn: OMB Desk Officer for the investigation revealed that the criteria among other. for eligibility have not been met for the Bureau of Labor Statistics, Office of The estimates are also used in Management and Budget, Room 10235, reasons specified: economic analysis by public agencies TA–W–32,193; GPM—Phillips Washington, DC 20503 ((202) 395– and private industry, and for State and 7316). Petroleum Co., Houston, TX area allocations and eligibility TA–W–32,206; General Cable Corp., The Office of Management and Budget determinations according to legal and is particularly interested in comments Newport, AR administrative requirements. TA–W–32,306; Braun Medical, Inc., which: Implementation of policy and legislative • evaluate whether the proposed Cardiovascular Div., Plymouth, MN prerogatives could not be accomplished collection of information is necessary TA–W–32,216; Barrett Refining Corp., as now written without collection of for the proper performance of the Thomas, OK these data. functions of the agency, including Increased imports did not contribute whether the information will have Theresa M. O’Malley, importantly to worker separations at the practical utility; Acting Departmental Clearance Officer. firm. • evalaute the accuracy of the [FR Doc. 96–16910 Filed 7–2–96; 8:45 am] TA–W–32,208; El Paso Natural Gas Co., agency’s estimate of the burden of the BILLING CODE 4510±24±M El Paso, TX Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34875

TA–W–32,153; Zenith Electronics Corp TA–W–32,301; Hart Schaffner & Marx, NAFTA–TAA–01009; Shaw Industries, of Texas, McAllen, TX Hartmarx Corp., Chaffee, MO: April Inc., Yarn Div., Trenton, NJ TA–W–32,347; Fasco Consumer 24, 1995. SCNAFTA–TAA–00868; Stone Ridge Products, Fayetteville, NC TA–W–32,353; Johnson Controls, Inc., Farm, Livingston Manor, NY The workers firm does not produce an Systems Products Worldwide, NAFTA–TAA–01029; Snapp Tool & Die, article as required for certification under Milwaukee, WI: May 7, 1995. Inc., El Paso, TX Section 222 of the Trade Act of 1974. TA–W–32,336; Horvath Knitting Mills, NAFTA–TAA–00925; Caraway TA–W–32,158; Redco Foods, Inc., Little Inc., Coopersburg, PA: April 30, Manufacturing Corp., Caraway, AR NAFTA–TAA–01008; Big J Apparel, Falls, NY 1995. TA–W–32,095; Caraway Manufacturing Also, pursuant to Title V of the North Waco, TX NAFTA–TAA–01030; Greenfield Corp., Caraway, KS American Free Trade Agreement Research, Inc., Hermann, MO The investigation revealed that Implementation Act (P.L. 103–182) concerning transitional adjustment NAFTA–TAA–01031; Hart Schaffner & criterion (2) and criterion (3) have not Marx, Chaffee, MO been met. Sales or production did not assistance hereinafter called (NAFTA– In the following cases, the decline during the relevant period as TAA) and in accordance with Section investigation revealed that the criteria required for certification. Increases of 250(a) Subchapter D, Chapter 2, Title II, for eligibility have not been met for the imports of articles like or directly of the Trade Act as amended, the reasons specified. competitive with articles produced by Department of Labor presents the firm or appropriate subdivision have summaries of determinations regarding NAFTA–TAA–01017; PBB USA, Inc., eligibility to apply for NAFTA–TAA not contributed importantly to the Computer Services, Buffalo, NY issued during the month of June, 1996. NAFTA–TAA–01035; Kendall separations or threat thereof, and the In order for an affirmative Professional Medical Products, Inc., absolute decline in sales or production. determination to be made and a El Paso, TX Affirmative Determinations for Worker certification of eligibility to apply for The investigation revealed that the Adjustment Assistance NAFTA–TAA the following group workers of the subject firm did not The following certifications have been eligibility requirements for Section 250 produce an article within the meaning issued; the date following the company of the Trade Act must be met: of Section 250(a) of the Trade Act, as (1) That a significant number or name & location for each determination amended. proportion of the workers in the references the impact date for all workers’ firm, or an appropriate Affirmative Determinations NAFTA– workers for such determination. subdivision thereof, (including workers TAA TA–W–32,410; Fourty Four West Mfg., in any agricultural firm or appropriate The following certifications have been New York, NY: May 22, 1995. subdivision thereof) have become totally TA–W–32,170; A–1 Manufacturingl issued; the date following the company or partially separated from employment Louisville, AL: March 26, 1995. name & location for each determination and either— TA–W–32,366; Badger Paper Mills, Inc., references the impact date for all (2) That sales or production, or both, workers for such determination. Peshtigo, WI: May 11, 1995. of such firm or subdivision have TA–W–32,155; Chel-Mar Manufacturing, NAFTA–TAA–01003; Asarco, Inc., decreased absolutely, Omaha, NE: May 1, 1995. Tremont, PA: March 25, 1995. (3) That imports from Mexico or TA–W–32,289; Red Kap Industries, NAFTA–TAA–01025; Mullen Lumber, Canada of articles like or directly Vienna, GA: April 7, 1995. Inc., Molalla, OR: May 8, 1995. TA–W–32,188; Kalkstein Silk Mills, Inc., competitive with articles produced by NAFTA–TAA–01040; Kaufman Paterson, NJ: April 12, 1995. such firm or subdivision have increased, Footwear Corp., Batavia, NY: May TA–W–32,438; Hilton Davis Co., and that the increases in imports 17, 1995. Newark, NJ: May 30, 1995. contributed importantly to such NAFTA–TAA–01015: AVX Corp., Myrtle TA–W–32,431; Shaneco Manufacturing workers’ separations or threat of Beach, SC: May 7, 1995. Co., El Paso, TX: May 23, 1995. separation and to the decline in sales or NAFTA–TAA–01006; Kenting Apollo TA–W–32,159; Olympus America, Inc., production of such firm or subdivision; Drilling, Inc., Headquartered in Rio Rancho, NM: March 22, 1995. or Denver, CO & Operating in Various TA–W–32,328; Thomas & Betts (4) That there has been a shift in Locations in the Following States A; Electrical Components, Strongsville, production by such workers’ firm or CO, B: ND, C; WY, D; UT: April 30, OH: May 2, 1995. subdivision to Mexico or Canada of 1995. TA–W–32,349; Border Apparel Laundry, articles like or directly competitive with NAFTA–TAA–00986; Border Apparel Inc., El Paso, TX: May 2, 1995. articles which are produced by the firm Laundry, Inc., El Paso, TX: April 24, TA–W–32,232; The Timken Co., or subdivision. 1995. Columbus, OH: March 30, 1995. Negative Determinations NAFTA–TAA NAFTA–TAA–01018; Johnson Controls, TA–W–32,246; PAM Coat, Inc., West Inc., Systems Products Worldwide, New York, NJ: April 22, 1995. In each of the following cases the Milwaukee, WI: May 7, 1995. TA–W–32,331; Kenting Apollo Drilling, investigation revealed that criteria (3) NAFTA–TAA–01020; Oz’s Apparel, Inc., Inc., Headquartered in Denver, Co & and (4) were not met. Imports from Pacoima, CA: April 30, 1995. Operating in the Following States: Canada or Mexico did not contribute NAFTA–TAA–01028; Badger Paper A; CO, B; ND, C; WY, D; UT: April importantly to workers’ separations. Mills, Peshtigo, WI: May 14, 1995. 30, 1995. There was no shift in production from NAFTA–TAA–1023; Alcan Aluminum TA–W–32,210; Blue Mountain Forest the subject firm to Canada or Mexico Co., Alcan Foil Products Div., Product, Pendleton, OR: April 15, during the relevant period. LaGrange, GA: May 1, 1995. 1995. NAFTA–TAA–00924; Bugle Boy NAFTA–TAA–1036; James Hardie TA–W–32,355; AVX Corp., Myrtle Industries, North Little Rock AR Irrigation, El Paso Manufacturing, Beach, SC: May 7, 1995. NAFTA–TAA–00954; Progressive El Paso, TX: May 9, 1995. TA–W–32,355; AVX Corp., Myrtle Knitting Mills of Pennsylvania, NAFTA–TAA–1043; Harvard Sports, Beach, SC: May 7, 1995. Philadelphia, PA Inc., Compton, CA: May 20, 1995. 34876 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

NAFTA–TAA–1054; Frank H. Fleer 19, 1996, and published in the Federal The purpose of each of the Corp., Philadelphia, PA: May 24, Register on May 16, 1996 (61 FR 24814). investigations is to determine whether 1995. The petitioner presents evidence that the workers are eligible to apply for I hereby certify that the the Department’s analysis of U.S. adjustment assistance under Title II, aforementioned determinations were imports of pulp, and all paper products Chapter 2, of the Act. The investigations issued during the month of June 1996. produced at the subject firm, was will further relate, as appropriate, to the Copies of these determinations are incomplete. determination of the date on which total available for inspection in Room C– Conclusion or partial separations began or 4318, U.S. Department of Labor, 200 threatened to begin and the subdivision After careful review of the Constitution Avenue, N.W., of the firm involved. application, I conclude that the claim is Washington, D.C. 20210 during normal of sufficient weight to justify The petitioners or any other persons business hours or will be mailed to reconsideration of the Department of showing a substantial interest in the persons who write to the above address. Labor’s prior decision. The application subject matter of the investigations may Dated: June 21, 1996. is, therefore, granted. request a public hearing, provided such Russell T. Kile, request is filed in writing with the Signed at Washington, D.C., this 17th day Program Manager, Office of Trade Acting Program Manager, Policy & of June 1996. Adjustment Assistance, at the address Reemployment Services, Office of Trade Russell T. Kile, Adjustment Assistance. shown below, not later than July 15, Acting Program Manager, Policy and 1996. [FR Doc. 96–16917 Filed 7–2–96; 8:45 am] Reemployment Services, Office of Trade BILLING CODE 4510±30±M Adjustment Assistance. Interested persons are invited to [FR Doc. 96–16912 Filed 7–2–96; 8:45 am] submit written comments regarding the BILLING CODE 4510±30±M subject matter of the investigations to [TA±W±31, 936] the Program Manager, Office of Trade Adjustment Assistance, at the address Boise Cascade Corporation, Investigations Regarding Certifications shown below, not later than July 15, Vancouver, WA; Notice of Affirmative of Eligibility To Apply for Worker 1996. Determination Regarding Application Adjustment Assistance; Leslie Corp. et The petitions filed in this case are for Reconsideration al. available for inspection at the Office of By letter of June 13, 1996, the Petitions have been filed with the the Program Manager, Office of Trade petitioners, Paper manufacturers of Secretary of Labor under section 221 (a) Adjustment Assistance, Employment Local Union 293, Association of of the Trade Act of 1974 (‘‘the Act’’) and and Training Administration, U.S. Western Pulp and Paper Workers, are identified in the Appendix to this Department of Labor, 200 Constitution requested administrative notice. Upon receipt of these petitions, Avenue, NW., Washington, DC 20210. reconsideration of the Department of the Program Manager of the Office of Signed at Washington, D.C. this 3rd day of Labor’s Notice of Negative Trade Adjustment Assistance, June, 1996. Determination Regarding Eligibility to Employment and Training Linda G. Poole, Apply for Transitional Adjustment Administration, has instituted Acting Program Manager, Policy & Assistance under the trade act of 1974. investigations pursuant to section 221 Reemployment Services, Office of Trade The denial notice was signed on April (a) of the Act. Adjustment Assistance.

APPENDIX [Petitions instituted on 06/03/96]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

32,394 ..... Leslie Corp (Comp) ...... Anniston, AL ...... 05/22/96 Orthpedic Supports. 32,395 ..... Cambridge Industries, Inc. (Comp) ...... Ionia, MI ...... 05/24/96 Automotive Plastic Parts. 32,396 ..... Bill-Co Mfg, Inc. (Wkrs) ...... Albany, KY ...... 05/20/96 Ladies' Blouses, Pants. 32,397 ..... Buster Brown Apparel (Wkrs) ...... Chilhowie, VA ...... 05/20/96 Children's Clothes. 32,398 ..... H & E Apparel, Inc. (Comp) ...... Princeton, KY ...... 05/16/96 Ladies' & Men's Jeans & Casual Pants. 32,399 ..... Kerr Manufacturing Co. (Wkrs) ...... Messena, NY ...... 05/10/96 Dental Drills. 32,400 ..... Sunbeam Outdoor Products (Wkrs) ...... Linton, IN ...... 05/15/96 Wrought Iron Furniture. 32,401 ..... SMK Manufacturing, Inc. (Comp) ...... Placentia, CA ...... 05/16/96 Electro-Mechanical Parts. 32,402 ..... Fluid Pack Pump (Wkrs) ...... Woodward, OK ...... 02/13/96 Oil Pump Products. 32,403 ..... Huntsman Chemical Corp. (Wkrs) ...... Rome, GA ...... 05/16/96 Chemicals. 32,404 ..... Brasher Garment Cutting (Comp) ...... Parsons, TN ...... 05/17/96 Garment Cutting. 32,405 ..... Quaker-Maid Kitchens (Wkrs) ...... Leesport, PA ...... 05/17/96 Kitchen Cabinets. 32,406 ..... Unifi, Inc. (Comp) ...... Staunton, VA ...... 04/25/96 Texturized Polyester Yarn & Thread. 32,407 ..... Nolin Sportswear (Wkrs) ...... Brownsville, KY ...... 05/04/96 Ladies' Jackets and Blazers. 32,408 ..... Heritage Sportswear (Wkrs) ...... Marion, SC ...... 05/15/96 Sportswear. 32,409 ..... Farberware, Inc. (Wkrs) ...... Bronx, NY ...... 05/24/96 Stainless Steel Cookware. 32,410 ..... Fourty Four West Mfg (UFCW) ...... New York, NY ...... 05/22/96 Leather Handbags. 32,411 ..... Charter Fabrics, Inc (Wkrs) ...... Belville, NY ...... 05/13/96 Domestic Textile Goods. 32,412 ..... Bari Fashions, Inc. (Wkrs) ...... Hoboken, NJ ...... 05/21/96 Ladies' Coats. 32,413 ..... Carolina Dress Corp. (Comp) ...... Hayesville, NC ...... 05/23/96 Ladies' Dresses & Sportswear. 32,414 ..... R. Collard & Co. Inc. (Comp) ...... New York, NY ...... 05/22/96 Design Studio for Apparel. 32,415 ..... Medly Company Cedars Inc. (Wkrs) ...... Santa, ID ...... 05/24/96 Cedar Posts & Railings. 32,416 ..... Sulphur City Manufacture (Comp) ...... Red Boiling Spg, TN ... 05/24/96 Men's & Boy's Jeans. 32,417 ..... Mabex Universal Corp. (Comp) ...... San Diego, CA ...... 05/20/96 Plastic Packaging. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34877

APPENDIXÐContinued [Petitions instituted on 06/03/96]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

32,418 ..... Eaton Corp. (Wkrs) ...... Marshall, MI ...... 05/20/96 Valves.

[FR Doc. 96–16915 Filed 7–2–96; 8:45 am] notice was published in the Federal of the Trade Act of 1974 (‘‘the Act’’) and BILLING CODE 4510±30±M Register on November 24, 1995 (60 FR are identified in the Appendix to this 58104). notice. Upon receipt of these petitions, At the request of the company, the the Program Manager of the Office of [TA±W±32, 383] Department reviewed the certification Trade Adjustment Assistance, for workers of the subject firm. New OshKosh B'Gosh, Red Boiling Springs, Employment and Training information provided by the company Tennessee; Notice of Termination of Administration, has instituted shows that worker separations have Investigation investigations pursuant to section 221(a) occurred at the subject firms’ Red of the Act. Pursuant to section 221 of the Trade Boiling Springs, Tennessee location. The purpose of each of the Act of 1974, an investigation was The workers are engaged in the investigations is to determine whether production of children’s and men’s bib initiated on March 27, 1995 in response the workers are eligible to apply for overalls. to a worker petition which was filed on adjustment assistance under Title II, behalf of workers at OshKosh B’Gosh, The intent of the Department’s certification is to include all workers of Chapter 2, of the Act. The investigations Red Boiling Springs, Tennessee. will further relate, as appropriate, to the All workers of the subject firm are the subject firm who are adversely affected by increased imports of determination of the date on which total covered under amended certification or partial separations began or (TA–W–31, 543A). Consequently, children’s and men’s bib overalls. Accordingly, the Department is threatened to begin and the subdivision further investigation in this case would of the firm involved. serve no purpose; and the investigation amending the certification to cover the The petitioners or any other persons has been terminated. workers of OshKosh B’Gosh, Red Boiling Springs, Tennessee. showing a substantial interest in the Signed at Washington, D.C. this 13th day The amended notice applicable to subject matter of the investigations may of June, 1996. TA–W–31,542 and TA–W–31,543 is request a public hearing, provided such Russell T. Kile, hereby issued as follows: request is filed in writing with the Acting Program Manager, Policy and All workers of OshKosh B’Gosh, McEwen, Program Manager, Office of Trade Reemployment Services, Office of Trade Tennessee (TA–W–31,542), OshKosh B’Gosh, Adjustment Assistance, at the address Adjustment Assistance. Hermitage Springs, Tennessee (TA–W– shown below, not later than July 15, [FR Doc. 96–16913 Filed 7–2–96; 8:45 am] 31,543), and OshKosh B’Gosh, Red Boiling 1996. BILLING CODE 4510±30±M Springs, Tennessee (TA–W–31,543A) who Interested persons are invited to became totally or partially separated from employment on or after October 3, 1994 are submit written comments regarding the [TA±W±31,542; TA±W±31,543; TA±W± eligible to apply for adjustment assistance subject matter of the investigations to 31,543A] under Section 223 of the Trade Act of 1974. the Program Manager, Office of Trade Signed at Washington, D.C. this 13th day Adjustment Assistance, at the address OshKosh B'Gosh, McEwen, TN, of June 1996. shown below, not later than July 15, Hermitage Springs, TN, and Red Russell T. Kile, 1996. Boiling Springs, TN, Respectively; Acting Program Manager, Policy and The petitions filed in this case are Amended Certification Regarding Reemployment Services, Office of Trade available for inspection at the Office of Eligibility To Apply for Worker Adjustment Assistance. the Program Manager, Office of Trade Adjustment Assistance [FR Doc. 96–16914 Filed 7–2–96; 8:45 am] Adjustment Assistance, Employment In accordance with section 223 of the BILLING CODE 4510±30±M and Training Administration, U.S. Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor, 200 Constitution Department of Labor issued a Avenue, NW., Washington, DC 20210. Investigations Regarding Certifications Certification of Eligibility to Apply for of Eligibility To Apply for Worker Signed at Washington, DC this 10th day of Worker Adjustment Assistance on Adjustment Assistance; Pioneer June, 1996. November 3, 1995, applicable to all Balloon et al. Russell T. Kile, workers of OshKosh B’Gosh, McEwen, Acting Program Manager, Policy & Tennessee and OshKosh B’Gosh, Petitions have been filed with the Reemployment Services, Office of Trade Hermitage Springs, Tennessee. The Secretary of Labor under Section 221(a) Adjustment Assistance.

APPENDIX [Petitions instituted on 06/10/96]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

32,419 ..... Pioneer Balloon (USWA) ...... Willard, OH ...... 05/02/96 Ballons. 32,420 ..... E.D. Smith (Wkrs) ...... Byhalia, MS ...... 05/30/96 Jams, Jellies, Pasta Sauce. 32,421 ..... Mould Services, Inc. (Wkrs) ...... Malden, MA ...... 05/28/96 Injection Molds for Shoe Manufactures. 34878 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

APPENDIXÐContinued [Petitions instituted on 06/10/96]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

32,422 ..... IBM Storage Systems Div. (Wkrs) ...... San Jose, CA ...... 05/29/96 Hard Drive Storage Devices. 32,423 ..... Best Form Foundations (Wkrs) ...... Johnstown, PA ...... 05/21/96 Ladies' Undergarments. 32,424 ..... Screen Pac (Wkrs) ...... Roseto, PA ...... 05/30/96 Ladies' Blouses & Pants. 32,425 ..... Jama Southside Apparel (Wkrs) ...... Petersburg, TN ...... 05/24/96 Ladies' Apparel. 32,426 ..... Ochoco Lumber Co. (Wkrs) ...... Princeton, ID ...... 05/23/96 Dimensional Lumber. 32,427 ..... McLouth Steel (USWA) ...... Trenton, MI ...... 05/28/96 Flatt Rolled & Cold Rolled Steel. 32,428 ..... NCC Industries, Inc. (UNITE) ...... Cortland, NY ...... 05/24/96 Bras. 32,429 ..... Cone Mills Corp. (Wkrs) ...... Greensboro, NC ...... 05/22/96 Printed Textiles. 32,430 ..... Pictsweet Mushroom Farm (Co.) ...... Salem, OR ...... 05/30/96 Mushrooms. 32,431 ..... Shaneco Manufacturing Co (Co.) ...... El Paso, TX ...... 05/23/96 Sewing of Baby Products. 32,432 ..... Amtrol, Inc. (Wkrs) ...... Plano, TX ...... 05/15/96 Refrigerant Containers. 32,433 ..... Paramount Headwear (Wkrs) ...... Bernie, MO ...... 05/22/96 Straw Hats & Baseball Caps. 32,434 ..... Todd's Sportswear, Inc. (Co.) ...... Smithville, TN ...... 05/25/96 Ladies' Apparel. 32,435 ..... Frank H. Fleer Corp. (Wkrs) ...... Philadelphia, PA ...... 06/25/96 Gum Manufacturing Machines. 32,436 ..... Elcom, Inc. (Co.) ...... St. Marys, PA ...... 05/08/96 Package Finished Lamp Products. 32,437 ..... Petro Corporation (Wkrs) ...... Oklahoma City, OK ..... 05/23/96 Crude Oil, Natural Gas. 32,438 ..... Hilton Davis Company (Wkrs) ...... Newark, NJ ...... 03/04/96 Transoxide-Iron Pigments. 32,439 ..... Moderne Gloves (UNITE) ...... Gloversville, NY ...... 05/30/96 Men's & Ladies' Dress Gloves. 32,440 ..... Valhall, Inc (Wkrs) ...... Eugene, OR ...... 05/27/96 Wood Panels. 32,441 ..... Plymouth Resources, Inc (Comp) ...... Tulsa, OK ...... 05/30/96 Oil and Gas. 32,442 ..... Oneita Industries (Wkrs) ...... Fingerville, SC ...... 05/27/96 T Shirts. 32,443 ..... Simpson Paper Co. (AWPPW) ...... Pomona, CA ...... 05/30/96 Hardwood, Softwood Pulp. 32,444 ..... Triangle Auto Spring (Comp) ...... Columbia, TN ...... 05/29/96 Leaf Springs for Trucks. 32,445 ..... Rubin Gloves, Inc. (UNITE) ...... Gloversville, NY ...... 05/30/96 Gloves. 32,446 ..... Sunbeam Household Prod (Wkrs) ...... Cookeville, TN ...... 05/30/96 Motor Winding Parts.

[FR Doc. 96–19616 Filed 7–2–96; 8:45 am] The amended notice applicable to The petitioner presents evidence that BILLING CODE 4510±30±M NAFTA–00972 is hereby issued as the Department’s analysis of U.S. follows: imports of cattle was incomplete. All workers of Sara Lee Knit Products, [NAFTA±00972 and NAFTA±00972A] Lumberton Sewing, Lumberton, North Conclusion Sara Lee Knit Products, Lumberton Carolina (NAFTA–00972) and Jefferson After careful review of the Sewing; Lumberton, NC, and Jefferson Sewing, Jefferson, North Carolina (NAFTA– 00972A) who became totally or partially application, I conclude that the claim is Sewing, Jefferson, NC, Respectively; separated from employment on or after of sufficient weight to justify Amended Certification Regarding March 19, 1995, are eligible to apply for reconsideration of the Department of Eligibility To Apply for NAFTA NAFTA–TAA under Section 250 of the Trade Labor’s prior decision. The application Transitional Adjustment Assistance Act of 1974. is, therefore, granted. In accordance with section 250(a), Signed in Washington, D.C., this 11th day Signed at Washington, DC, this 13th day of of June 1996. subchapter D, chapter 2, title II, of the June 1996. Russell T. Kile, Trade Act of 1974, as amended (19 Russell T. Kile, Acting Program Manger, Policy and U.S.C. 2273), the Department of Labor Acting Program Manager, Policy and issued a Certification for NAFTA Reemployment Services, Office of Trade Adjustment Assistance. Reemployment Services, Office of Trade Transitional Adjustment Assistance on Adjustment Assistance. [FR Doc. 96–16918 Filed 7–2–96; 8:45 am] June 6, 1996, applicable to all workers [FR Doc. 96–16919 Filed 7–2–96; 8:45 am] of Sara Lee Knit Products, Lumberton BILLING CODE 4510±30±M Sewing, located in Lumberton, North BILLING CODE 4510±30±M Carolina. The certification will soon be published in the Federal Register. [NAFTA±00868] At the request of the company, the [NAFTA±00923] Department reviewed the certification Stone Ridge Farm, Livingston Manor, for workers of the subject firm. The New York; Notice of Affirmative Weyerhaeuser Company Western findings show that worker separations Determination Regarding Application Lumber, Kamiah, Idaho; Notice of have occurred at Sara Lee’s Jefferson for Reconsideration Revised Determination on Reopening Sewing plant in Jefferson, North Carolina. The workers produce t-shirts. By letter of April 30, 1996, the On May 24, 1996, the Department The intent of the Department’s petitioner requested administrative issued a Negative Determination certification is to include all workers of reconsideration of the Department of Regarding Eligibility To Apply for the subject firm who were adversely Labor’s Notice of Negative Worker Adjustment Assistance, affected by increased imports. Determination Regarding Eligibility To applicable to all workers of Accordingly, the Department is Apply for NAFTA-Transitional Weyerhaeuser Company, Western amending the certification to include Adjustment Assistance for workers of Lumber, located in Kamiah, Idaho. The workers at the Jefferson Sewing the subject firm. The denial notice was notice was published in the Federal production facility. signed on April 8, 1996. Register on June 6, 1996 (61 FR 28900). Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34879

Based on new information received Administration is soliciting comments promote compliance with ERISA. from a customer of the subject firm, the concerning the proposed extension of a Advisory opinions are also useful to the Department, on its own motion, currently approved collection of Department as a means of clarifying reviewed the findings of the information, ERISA Procedure 76–1 Departmental policy on certain issues. investigation. New findings show that (Advisory Opinion Procedure). A copy II. Current Actions the customer increased import of the proposed information collection purchases of lumber from Mexico and request can be obtained by contacting This existing collection of information Canada in 1995 compared to 1994. the employee listed below in the contact should be continued because Sales, production and employment section of this notice. individuals or organizations affected declined during the relevant period. DATES: Written comments must be directly or indirectly by ERISA need legal interpretations from the Conclusion submitted on or before September 3, 1996. The Department of Labor is Department as to their status under the After careful review of the additional particularly interested in comments Act and as to the effect of certain actions facts obtained on reopening, I conclude which: and transactions. Requests for advisory that increased imports of articles like or Evaluate whether the proposed opinions are voluntary. The information directly competitive with lumber collection of information is necessary is used by the Department to determine contributed importantly to the declines for the proper performance of the the substance of the response and to in sales or production and to the total functions of the agency, including determine whether the Department’s or partial separation of workers of whether the information will have response should be in the form of an Weyerhaeuser Company, Western practical utility; advisory opinion or information letter. Lumber, Kamiah, Idaho. In accordance Evaluate the accuracy of the agency’s Type of Review: Extension. with the provisions of the Act, I make estimate of the burden of the proposed Agency: Pension and Welfare Benefits the following certification: collection of information, including the Administration. All workers of Weyerhaeuser Company, validity of the methodology and Title: ERISA Procedure 76–1, Western Lumber, Kamiah, Idaho who became assumptions used; Advisory Opinion Procedure. totally or partially separated from Enhance the quality, utility, and OMB Number: 1210–0066. employment on or after March 19, 1995 are clarify the information to be collected; Affected Public: Business or other for- eligible to apply for NAFTA–TAA under and profit, Not-for-profit institutions, Section 250 of the Trade Act of 1974. Minimize the burden of the collection Individuals. Signed at Washington, D.C. this 17th day of information on those who are to Total Respondents: 88. of June 1996. respond, including through the use of Frequency: On occasion. Ruseell T. Kile, appropriate automated, electronic, Total Responses: 88. Acting Program Manager, Policy and mechanical, or other technological Average Time per Response: 10 hours. Reemployment Services, Office of Trade Estimated Total Burden Hours: 90. collection techniques or other forms of Adjustment Assistance. Respondents, proposed frequency of information technology, e.g., permitting response, and annual hour burden: The [FR Doc. 96–16920 Filed 7–2–96; 8:45 am] electronic submissions of responses. BILLING CODE 4510±30±M Department staff estimates that 88 ADDRESSES: Gerald B. Lindrew, applicants will submit requests for Department of Labor, Pension and advisory opinions in any given year. Pension and Welfare Benefits Welfare Benefits Administration, 200 The respondents will be plans and Administration Constitution Avenue, NW, Washington, parties in interest to plans. This burden DC 20210, (202) 219–7933, FAX (202) is not normally incurred annually by Proposed Information Collection 219–4745. any one plan. Based on past experience, Request; Submitted for Public SUPPLEMENTARY INFORMATION: the staff believes that approximately Comment and Recommendations; 10% of the materials required to be I. Background ERISA Procedure 76±1, Advisory submitted under this procedure will be Opinion Procedure ERISA Procedure 76–1, Advisory prepared by the respondents. ACTION: Notice. Opinion Procedure is used by plan Respondents are expected, in 90% of administrators and other individuals cases, to contract with service providers SUMMARY: The Department of Labor, as when requesting a legal interpretation such as attorneys, accountants, and part of its continuing effort to reduce from the Department regarding specific third-party administrators to prepare the paperwork and respondent burden, facts and circumstances (an advisory materials, which is considered a burden conducts a preclearance consultation opinion). The Procedure informs cost and not an annual hour burden. program to provide the general public individuals, organizations, and their Therefore, the Department will and Federal agencies with an authorized representatives of the recommend that 90 hours be approved opportunity to comment on proposed procedures to be followed when as the estimated burden, in light of the and/or continuing collections of requesting an advisory opinion. The current requirements that time spent by information in accordance with the procedures promote efficient handling service providers not be included in the Paperwork Reduction Act of 1995 (PRA of these requests. The information is hourly burden estimate. 95) (44 U.S.C. 3506(c)(2)(A). This used by the Department to determine Total Burden Cost (capital/start-up): program helps to ensure that requested the substance of the response and to $0.00. data can be provided in the desired determine whether the Department’s Total Burden Cost (operating/ format, reporting burden (time and response should be in the form of an maintenance): $64,780.00. financial resources) is minimized, advisory opinion or information letter. Comments submitted in response to collection instruments are clearly Advisory opinions and information this notice will be summarized and/or understood, and the impact of collection letters issued under this procedure help included in the request for Office of requirements on respondents can be fiduciaries, employers and other Management and Budget approval of the properly assessed. Currently, the interested parties understand a information collection request; they will Pension and Welfare Benefits particular provision of the law and also become a matter of public record. 34880 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Dated: June 27, 1996. Acting Executive Secretary of the NUCLEAR REGULATORY Gerald B. Lindrew, Advisory Council at the above address. COMMISSION Papers will be accepted and included in Director, Pension and Welfare Benefits [Docket Nos. 50±348 and 50±364] Administration, Office of Policy and the record of the meeting if received on Legislative Analysis. or before July 5. Southern Nuclear Operating Company, [FR Doc. 96–17045 Filed 7–2–96; 8:45 am] Signed at Washington, DC, this 27th day of Inc.; Notice of Consideration of BILLING CODE 4510±29±M June 1996. Issuance of Amendment to Facility Olena Berg, Operating Licenses, Proposed no Assistant Secretary, Pension and Welfare Significant Hazards Consideration Working Group on Guidance for Benefits Administration. Determination, and Opportunity for a Selecting and Monitoring Service [FR Doc. 96–17046 Filed 7–2–96; 8:45 am] Hearing Providers Advisory Council on Employee Welfare and Pension BILLING CODE 4510±29±M The U.S. Nuclear Regulatory Benefits Plans; Meeting Commission (the Commission) is considering issuance of amendments to Pursuant to the authority contained in Facility Operating License Nos. NPF–2 section 512 of the Employee Retirement NATIONAL BANKRUPTCY REVIEW and NPF–8, issued to Southern Nuclear Income Security Act of 1974 (ERISA), 29 COMMISSION Operating Company, Inc. (the licensee), U.S.C. 1142, a public meeting of the Meeting for operation of the Joseph M. Farley Working Group on Guidance for Nuclear Plant, Units 1 and 2 located in Selecting and Monitoring Service AGENCY: National Bankruptcy Review Houston County, Alabama. Providers of the Advisory Council on Commission The proposed amendments would Employee Welfare and Pension Benefits revise Technical Specification (TS) ACTION: Notice of Public Meeting Plans will be held on July 16, 1996, in Table 4.3–1 to delete the requirement Room S3215 A & B, U.S. Department of TIME AND DATES: Thursday, July 18, for surveillance of the manual safety Labor Building, Third and Constitution 1996; 9 A.M. to 4:45 P.M. and Friday, injection to the reactor trip circuitry Avenue, NW., Washington, DC 20210. July 19, 1996; 8:30 A.M. to 2:30 P.M. until the next unit shutdown, following The purpose of the meeting, which which, this testing will be performed PLACE: Thurgood Marshall Federal will run from 9:30 a.m. to noon and prior to Mode 2 entry. This change is Judiciary Building, Federal Judicial from 1 to 3:30 p.m., is for the group to applicable only during Unit 1, cycle 14 determine whether its focus will be on Center/Education Center, One and Unit 2, cycle 11. what type of general guidance would be Columbus Circle, NE., Washington, DC This requested TS change is a useful to fiduciaries who must select 20544. The public should enter through followup to a Notice of Enforcement and monitor service providers for plans the South Lobby entrance of the Discretion (NOED) granted to the or whether its focus should be narrowed Thurgood Marshall Federal Judiciary licensee that is in effect from the time to specific service providers such as Building. of issuance on June 21, 1996, until investment consultants and investment STATUS: The meeting will be open to the approval of this exigent TS. NRC managers. public. Inspection Manual, Part 9900, The group also plans to conduct an MATTERS TO BE CONSIDERED: General ‘‘Operations—Notice of Enforcement informal survey on codes of conduct in administrative matters for the Discretion,’’ requires that a followup TS the plan community to establish current Commission, including substantive amendment be issued within 4 weeks industry practices. agenda; Commission working groups from the issuance of the NOED. Members of the public are encouraged will consider the following substantive Before issuance of the proposed to file a written statement pertaining to matters: improving jurisdiction and license amendment, the Commission any topic concerning ERISA by procedure; consumer bankruptcy; will have made findings required by the submitting 20 copies on or before July Chapter 11: uses and consequences; Atomic Energy Act of 1954, as amended 5, 1996, to Sharon Morrissey, acting small businesses and partnerships: a (the Act) and the Commission’s executive secretary, ERISA Advisory special case?; government as creditor or regulations. Council, U.S. Department of Labor, debtor; mass torts, future claims, and Pursuant to 10 CFR 50.91(a)(6) for Room N–5677, 200 Constitution bankruptcy; service to the estate: ethical amendments to be granted under Avenue, NW., Washington, DC 20210. and economic choices; the global exigent circumstances, the NRC staff Individuals or representatives of economy: preparing for transnational must determine that the amendment organizations wishing to address the insolvencies. An open forum for public request involves no significant hazards Working Group on Guidance for participation will be held on July 18, consideration. Under the Commission’s Selecting and Monitoring Service 1996 from 11:15 a.m. to 12 p.m. regulations in 10 CFR 50.92, this means Providers should forward their request that operation of the facility in to the acting executive secretary or CONTACT PERSONS FOR FURTHER accordance with the proposed INFORMATION: Contact Susan Jensen- telephone (202) 219–8753. Oral amendment would not (1) involve a Conklin or Carmelita Pratt at the presentations will be limited to 10 significant increase in the probability or National Bankruptcy Review minutes, but an extended statement may consequences of an accident previously Commission, Thurgood Marshall be submitted for the record. Individuals evaluated; or (2) create the possibility of Federal Judiciary Building, One with disabilities, who need special a new or different kind of accident from Columbus Circle, NE., Suite G–350, accommodations, should contact Sharon any accident previously evaluated; or Washington, DC 20544; Telephone Morrissey by July 10, 1996, at the (3) involve a significant reduction in a Number: (202) 273–1813. address indicated in this notice. margin of safety. As required by 10 CFR Organizations or individuals may also Susan Jensen-Conklin, 50.91(a), the licensee has provided its submit statements for the record Deputy Counsel. analysis of the issue of no significant without testifying. Twenty (20) copies of [FR Doc. 96–17017 Filed 7–2–96; 8:45 am] hazards consideration, which is such statements should be sent to the BILLING CODE 6820±36±P presented below: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34881

1. Operation of the Farley Nuclear Plant The Commission is seeking public document room located at the Houston- Units 1 and 2 in accordance with the comments on this proposed Love Memorial Library, 212 W. proposed license amendment does not determination. Any comments received Burdeshaw Street, P.O. Box 1369, involve a significant increase in the within 15 days after the date of Dothan, Alabama. If a request for a probability or consequences of an accident publication of this notice will be hearing or petition for leave to intervene previously evaluated. Since the SI [safety injection] manual considered in making any final is filed by the above date, the actuation handswitch is not taken credit for determination. Commission or an Atomic Safety and in any transient or accident analyses, Normally, the Commission will not Licensing Board, designated by the including LOCA [loss-of-coolant accident], issue the amendment until the Commission or by the Chairman of the non-LOCA, and steam generator tube rupture expiration of the 15-day notice period. Atomic Safety and Licensing Board for either safety injection and/or reactor trip, However, should circumstances change Panel, will rule on the request and/or failure to test the reactor trip function of the during the notice period, such that petition; and the Secretary or the manually initiated SI signal for the remainder failure to act in a timely way would designated Atomic Safety and Licensing of operating cycle or following each units result, for example, in derating or Board will issue a notice of hearing or shutdown, prior to Mode 2 entry, would not shutdown of the facility, the an appropriate order. increase the probability or consequences of Commission may issue the license As required by 10 CFR 2.714, a an accident previously evaluated. In addition, operator action required by amendment before the expiration of the petition for leave to intervene shall set procedures will ensure that a reactor trip is 15-day notice period, provided that its forth with particularity the interest of verified to have occurred anytime SI is final determination is that the the petitioner in the proceeding, and automatically actuated and prior to manual amendment involves no significant how that interest may be affected by the SI actuation. hazards consideration. The final results of the proceeding. The petition 2. The proposed license amendment does determination will consider all public should specifically explain the reasons not create the possibility of a new or different and State comments received. Should why intervention should be permitted kind of accident from any accident the Commission take this action, it will with particular reference to the previously evaluated. publish in the Federal Register a notice following factors: (1) the nature of the Implementation of the proposed of issuance. The Commission expects petitioner’s right under the Act to be amendment does not introduce any change to the plant design basis. Any hypothetical that the need to take this action will made a party to the proceeding; (2) the failure of the handswitch contacts to cause a occur very infrequently. nature and extent of the petitioner’s failure to manually trip the reactor is Written comments may be submitted property, financial, or other interest in compensated for by the redundant trip by mail to the Chief, Rules Review and the proceeding; and (3) the possible features associated with the reactor trip Directives Branch, Division of Freedom effect of any order which may be system. Examples are the reactor manual trip of Information and Publications entered in the proceeding on the handswitch, reactor trip setpoints set to Services, Office of Administration, U.S. petitioner’s interest. The petition should actuate prior to reaching SI setpoints, and the Nuclear Regulatory Commission, also identify the specific aspect(s) of the redundant train manual SI handswitch. Washington, DC 20555–0001, and subject matter of the proceeding as to Therefore, SNC [Southern Nuclear Operating should cite the publication date and which petitioner wishes to intervene. Company] concludes that the proposed page number of this Federal Register license amendment does not create the Any person who has filed a petition for possibility of a new or different kind of notice. Written comments may also be leave to intervene or who has been accident from any accident previously delivered to Room 6D22, Two White admitted as a party may amend the evaluated. Flint North, 11545 Rockville Pike, petition without requesting leave of the 3. The proposed license amendment does Rockville, Maryland, from 7:30 a.m. to Board up to 15 days prior to the first not involve a significant reduction in a 4:15 p.m. Federal workdays. Copies of prehearing conference scheduled in the margin of safety. written comments received may be proceeding, but such an amended Changing the surveillance frequency to examined at the NRC Public Document petition must satisfy the specificity allow for continued operation with the SI Room, the Gelman Building, 2120 L requirements described above. manual input to reactor trip system not tested Street, NW., Washington, DC. Not later than 15 days prior to the first does not involve a reduction in the margin The filing of requests for hearing and prehearing conference scheduled in the of safety because of the redundant features petitions for leave to intervene is associated with the reactor trip system and proceeding, a petitioner shall file a because of operator actions required by discussed below. supplement to the petition to intervene emergency response procedures (ERPs). In By August 2, 1996, the licensee may which must include a list of the addition, for power levels above 35% RTP file a request for a hearing with respect contentions which are sought to be [rated thermal power], the SI handswitch has to issuance of the amendment to the litigated in the matter. Each contention been shown to result in the intended subject facility operating license and must consist of a specific statement of function by tripping the reactor through the any person whose interest may be the issue of law or fact to be raised or turbine trip logic. Therefore, SNC concludes affected by this proceeding and who controverted. In addition, the petitioner based on the above, that the proposed change wishes to participate as a party in the shall provide a brief explanation of the does not result in a significant reduction of proceeding must file a written request bases of the contention and a concise margin with respect to plant safety as defined for a hearing and a petition for leave to in the Final Safety Analysis Report or the statement of the alleged facts or expert bases of the FNP [Farley Nuclear Plant] intervene. Requests for a hearing and a opinion which support the contention technical specifications. petition for leave to intervene shall be and on which the petitioner intends to filed in accordance with the rely in proving the contention at the The NRC staff has reviewed the Commission’s ‘‘Rules of Practice for hearing. The petitioner must also licensee’s analysis and, based on this Domestic Licensing Proceedings’’ in 10 provide references to those specific review, it appears that the three CFR Part 2. Interested persons should sources and documents of which the standards of 10 CFR 50.92(c) are consult a current copy of 10 CFR 2.714 petitioner is aware and on which the satisfied. Therefore, the NRC staff which is available at the Commission’s petitioner intends to rely to establish proposes to determine that the Public Document Room, the Gelman those facts or expert opinion. Petitioner amendment request involves no Building, 2120 L Street, NW., must provide sufficient information to significant hazards consideration. Washington, DC, and at the local public show that a genuine dispute exists with 34882 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices the applicant on a material issue of law Box 306, 1710 Sixth Avenue, prevention of criticality in fuel storage or fact. Contentions shall be limited to Birmingham, Alabama, attorney for the and handling, and 5-percent matters within the scope of the licensee. subcriticality margins that are either amendment under consideration. The Nontimely filings of petitions for contained in the technical contention must be one which, if leave to intervene, amended petitions, specifications, or committed to in the proven, would entitle the petitioner to supplemental petitions and/or requests updated FSARs, of plants containing relief. A petitioner who fails to file such for hearing will not be entertained Boraflex in the spent fuel storage racks. a supplement which satisfies these absent a determination by the The staff is not establishing a new requirements with respect to at least one Commission, the presiding officer or the position for such compliance in this contention will not be permitted to presiding Atomic Safety and Licensing generic letter. participate as a party. Board that the petition and/or request Dated at Rockville, Maryland, this 26th day Those permitted to intervene become should be granted based upon a of June, 1996. parties to the proceeding, subject to any balancing of the factors specified in 10 For the Nuclear Regulatory Commission. limitations in the order granting leave to CFR 2.714(a)(1)(i)–(v) and 2.714(d). Elinor G. Adensam, intervene, and have the opportunity to For further details with respect to this participate fully in the conduct of the action, see the application for Deputy Director, Division of Reactor Program hearing, including the opportunity to Management, Office of Nuclear Reactor amendment dated June 24, 1996, which Regulation. present evidence and cross-examine is available for public inspection at the [FR Doc. 96–16963 Filed 7–2–96; 8:45 am] witnesses. Commission’s Public Document Room, If the amendment is issued before the the Gelman Building, 2120 L Street, BILLING CODE 7590±01±P expiration of the 30-day hearing period, NW., Washington, DC, and at the local the Commission will make a final public document room, located at the determination on the issue of no Advisory Committee on Reactor Houston-Love Memorial Library, 212 W. Safeguards; Meeting Notice significant hazards consideration. If a Burdeshaw Street, P.O. Box 1369, hearing is requested, the final Dothan, Alabama. determination will serve to decide when In accodance with the purposes of the hearing is held. Dated at Rockville, Maryland, this 27th day Sections 29 and 182b. of the Atomic If the final determination is that the of June 1996. Energy Act (42 U.S.C. 2039, 2232b), the amendment request involves no For the Nuclear Regulatory Commission. Advisory Committee on Rector significant hazards consideration, the Byron L. Siegel, Safeguards will hold a meeting on Commission may issue the amendment Project Manager, Project Directorate II–2, August 8–10, 1996, in Conference Room and make it immediately effective, Division of Reactor Projects—I/II, Office of T–2B3, 11545 Rockville Pike, Rockville, notwithstanding the request for a Nuclear Reactor Regulation. Maryland. The date of this meeting was hearing. Any hearing held would take [FR Doc. 96–16964 Filed 7–2–96; 8:45 am] previously published in the Federal place after issuance of the amendment. BILLING CODE 7590±01±P Register on Monday, November 27, If the final determination is that the 1995 (60 FR 58393). amendment request involves a Thursday, August 8, 1996 significant hazards consideration, any Boraflex Degradation in Spent Fuel hearing held would take place before Pool Storage Racks; Issued 8:30 A.M.–8:45 A.M.: Opening Remarks the issuance of any amendment. by the ACRS Chairman AGENCY: Nuclear Regulatory A request for a hearing or a petition Commission. for leave to intervene must be filed with (Open)—The ACRS Chairman will the Secretary of the Commission, U.S. ACTION: Notice of Issuance. make opening remarks regarding conduct on the meeting and comment Nuclear Regulatory Commission, SUMMARY: The Nuclear Regulatory Washington, DC 20555–0001, Attention: briefly regarding items of current Commission (NRC) has issued Generic interest. During this session, the Docketing and Services Branch, or may Letter 96–04 to notify all licensees of be delivered to the Commission’s Public Committee will discuss priorities for nuclear power reactors about problems preparation of ACRS reports. Document Room, the Gelman Building, that have been encountered with using 2120 L Street, NW., Washington, DC, by Boraflex in spent fuel storage racks for 8:45 A.M.–10:45 A.M.: Supplemental the above date. Where petitions are filed the nonproductive absorption of Safety Evaluation Report for during the last 10 days of the notice neutrons, and for licensees that use Evolutionary Plant Designs period, it is requested that the petitioner Boraflex, to request implementation of (Open/Closed)—The Committee will promptly so inform the Commission by certain actions and require the submittal a toll-free telephone call to Western hear presentations by and hold of a written response. This generic letter discussions with representatives of the Union at 1 (800) 248–5100 (in Missouri is available in the NRC Public 1 (800) 342–6700). The Western Union NRC staff, General Electric Nuclear Document Room under accession Energy (GENE), and ABB-Combustion operator should be given Datagram number 9606240132. Identification Number N1023 and the Engineering (ABB–CE) regarding the DATES: following message addressed to Herbert The generic letter was issued on proposed changes to the GENE N. Berkow: petitioner’s name and June 26, 1996. Advanced Boiling Water Reactor telephone number, date petition was ADDRESSEES: Not applicable. (ABWR) and ABB–CE System 80+ mailed, plant name, and publication FOR FURTHER INFORMATION CONTACT: evolutionary plant designs and the date and page number of this Federal Laurence I. Kopp at (301) 415–2879. associated NRC staff Safety Evaluation Register notice. A copy of the petition SUPPLEMENTARY INFORMATION: The Report. Other interested parties will should also be sent to the Office of the information that is being requested will participate, as appropriate. General Counsel, U.S. Nuclear enable the NRC staff to determine A portion of this session may be Regulatory Commission, Washington, whether licensees are complying with closed to discuss GENE and ABB–CE DC 20555–0001, and to M. Stanford the current licensing basis for the proprietary information applicable to Blanton, Esq., Balch and Bingham, P.O. facility with respect to GDC 62 for the this matter. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34883

11:00 A.M.–1:00 P.M.: SECY–96–128, Friday, August 9, 1996 2:00 P.M.–7:00 P.M.: Preparation of ‘‘Policy and Key Technical Issues ACRS Reports 8:30 A.M.–8:35 A.M.: Open Remarks by Pertaining to the Westinghouse AP600 the ACRS Chairman (Open)—The Committee will continue Standardized Passive Reactor Design’’ its discussion of proposed ACRS reports (Open)—The ACRS Chairman will on matters considered during this (Open/Closed)—The Committee will make opening remarks regarding meeting as well as a proposed ACRS hear presentations by and hold conduct of the meeting. discussions with representatives of the report on Steam Generator Tube issues. 8:35 A.M.–9:30 A.M.: Risk-Based NRC staff and Westinghouse Electric Saturday, August 10, 1996 Analysis of Reactor Operating Corporation regarding SECY–96–128, Experience 8:30 A.M.–12:30 P.M.: Preparation of which includes proposed staff positions ACRS Reports on three policy issues concerning (Open)—The Committee will hear Prevention and Mitigation of Severe presentations by and hold discussions (Open)—The Committee will continue Accidents, Post-72-Hour Actions, and with representatives of the NRC staff its discussion of proposed ACRS reports External Reactor Vessel Cooling, as well regarding risk-based analysis of reactor on matters considered during this as status of resolution of seven key operating experience. meeting as well as a proposed report on technical issues, pertaining to the Representatives of the nuclear Steam Generator Tube issues. industry will participate, as appropriate. AP600 passive plant design. Other 12:30 P.M.–1:00 P.M.: Strategic Planning interested parties will participate, as 9:30 A.M.–11:00 A.M.: Spent Fuel Pool (Open)—The Committee will continue appropriate. Cooling Issues its discussion of items that are of A portion of this session may be (Open)—The Committee will hear significant importance to NRC, closed to discuss Westinghouse presentations by and hold discussions including rebaselining of the Committee proprietary information applicable to with representatives of the NRC staff activities for FY 96–97. this matter. regarding the staff review of the safety Procedures for the conduct of and 2:00 P.M.–4:30 P.M.: Risk-Informed and issues associated with spent fuel pool participation in ACRS meetings were Performance-Based Regulations and cooling systems. published in the Federal Register on Representatives of the nuclear Related Matters September 27, 1995 (60 FR 49925). In industry and other interested persons accordance with these procedures, oral (Open)—The Committee will hear will participate, as appropriate. or written statements may be presented presentations by and hold discussions 11:15 A.M.–12:00 Noon: Report of the by members of the public, electronic with representatives of the NRC staff Planning and Procedures Subcommittee recordings will be permitted only regarding several issues raised in the during the open portions of the meeting, (Open/Closed)—The Committee will Staff Requirements Memoranda dated and questions may be asked only by hear a report of the Planning and May 15 and June 11, 1996, including: members of the Committee, its Procedures Subcommittee on matters consultants, and staff. Persons desiring • related to the conduct of ACRS Role of performance-based regulation to make oral statements should notify business, and organizational and in the PRA Implementation Plan Mr. Sam Duraiswamy, Chief, Nuclear personnel matters relating to the ACRS • Plant-specific application of safety Reactors Branch, at least five days goals staff. A portion of this session may be before the meeting, if possible, so that • Requirement for risk neutrality versus closed to discuss organizational and appropriate arrangements can be made the allowance for an acceptable personnel matters that relate solely to to allow the necessary time during the increase in risk the internal personnel rules and meeting for such statements. Use of still, motion picture, and television cameras • Risk-informed inservice testing and practices of this Advisory Committee, during this meeting may be limited to inservice inspection requirements and matters the release of which would constitute a clearly unwarranted selected portions of the meeting as • Pilot applications for risk-informed invasion of personal privacy. determined by the Chairman. and performance-based regulations Information regarding the time to be set 1:15 P.M.–1:45 P.M.: Future ACRS Representatives of the nuclear aside for this purpose may be obtained Activities industry will participate, as appropriate. by contacting the Chief of the Nuclear (Open)—The Committee will discuss Reactors Branch prior to the meeting. In 4:45 P.M.–5:00 P.M.: Subcommittee recommendations of the Planning and view of the possibility that the schedule Report Procedures Subcommittee regarding for ACRS meetings may be adjusted by items proposed for consideration by the the Chairman as necessary to facilitate (Open)—The Committee will hear a full Committee during future meetings. the conduct of the meeting, persons report by and hold discussions with the planning to attend should check with Chairman of the ACRS Subcommittee 1:45 P.M.–2:00 P.M.: Reconciliation of the Chief of the Nuclear Reactors Branch on Instrumentation and Control Systems ACRS Comments and if such rescheduling would result in and Computers regarding the matters Recommendations major inconvenience. discussed at the August 7, 1996 (Open)—The Committee will discuss In accordance with Subsection 10(d) Subcommittee meeting. responses from the NRC Executive Public Law 92–463, I have determined 5:00 P.M.–7:00 P.M.: Preparation of Director for Operations (EDO) to that it is necessary to close portions of ACRS Reports comments and recommendations this meeting noted above to discuss included in recent ACRS reports, matters that relate solely to the internal (Open)—The Committee will discuss including the EDO response related to personnel rules and practices of this proposed ACRS reports on matters the June 6, 1996 ACRS report on Advisory Committee per 5 U.S.C. considered during this meeting as well Regulatory Guidance Documents 552b(c)(2); to discuss GENE, ABB–CE, as a proposed ACRS report on Steam Related to Digital Instrumentation and and Westinghouse proprietary Generator Tube issues. Control Systems. information per 5 U.S.C. 552b(c)(4); and 34884 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices to discuss matters the release of which Notice of Consideration of Issuance of examined at the NRC Public Document would constitute a clearly unwarranted Amendments to Facility Operating Room, the Gelman Building, 2120 L invasion of personal privacy per 5 Licenses, Proposed No Significant Street, NW., Washington, DC. The filing U.S.C. 552b(c)(6). Hazards Consideration Determination, of requests for a hearing and petitions for leave to intervene is discussed Further information regarding topics and Opportunity for a Hearing The Commission has made a below. to be discussed, whether the meeting By August 2, 1996, the licensee may proposed determination that the has been cancelled or rescheduled, the file a request for a hearing with respect following amendment requests involve Chairman’s ruling on requests for the to issuance of the amendment to the no significant hazards consideration. opportunity to present oral statements subject facility operating license and Under the Commission’s regulations in and the time allotted therefor can be any person whose interest may be 10 CFR 50.92, this means that operation obtained by contacting Mr. Sam affected by this proceeding and who of the facility in accordance with the Duraiswamy, Chief, Nuclear Reactors wishes to participate as a party in the Branch (telephone 301/415–7364), proposed amendment would not (1) proceeding must file a written request between 7:30 A.M. and 4:15 P.M. EDT. involve a significant increase in the for a hearing and a petition for leave to probability or consequences of an intervene. Requests for a hearing and a ACRS meeting notices, meeting accident previously evaluated; or (2) transcripts, and letter reports are now petition for leave to intervene shall be create the possibility of a new or filed in accordance with the available on FedWorld from the ‘‘NRC different kind of accident from any MAIN MENU.’’ Direct Dial Access Commission’s ‘‘Rules of Practice for accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 number to FedWorld is (800) 303–9672; involve a significant reduction in a the local direct dial number is 703–321– CFR Part 2. Interested persons should margin of safety. The basis for this consult a current copy of 10 CFR 2.714 3339. proposed determination for each which is available at the Commission’s Dated: June 27, 1996. amendment request is shown below. Public Document Room, the Gelman The Commission is seeking public Andrew L. Bates, Building, 2120 L Street, NW., comments on this proposed Washington, DC and at the local public Advisory Committee Management Officer. determination. Any comments received [FR Doc. 96–16962 Filed 7–2–96; 8:45 am] document room for the particular within 30 days after the date of facility involved. If a request for a BILLING CODE 7590±01±M publication of this notice will be hearing or petition for leave to intervene considered in making any final is filed by the above date, the determination. Commission or an Atomic Safety and Normally, the Commission will not Licensing Board, designated by the UNITED STATES NUCLEAR issue the amendment until the Commission or by the Chairman of the REGULATORY COMMISSION expiration of the 30-day notice period. Atomic Safety and Licensing Board However, should circumstances change Panel, will rule on the request and/or Biweekly Notice during the notice period such that petition; and the Secretary or the failure to act in a timely way would Applications and Amendments to designated Atomic Safety and Licensing result, for example, in derating or Board will issue a notice of a hearing or Facility Operating Licenses Involving shutdown of the facility, the No Significant Hazards Considerations an appropriate order. Commission may issue the license As required by 10 CFR 2.714, a I. Background amendment before the expiration of the petition for leave to intervene shall set 30-day notice period, provided that its forth with particularity the interest of Pursuant to Public Law 97-415, the final determination is that the the petitioner in the proceeding, and U.S. Nuclear Regulatory Commission amendment involves no significant how that interest may be affected by the (the Commission or NRC staff) is hazards consideration. The final results of the proceeding. The petition publishing this regular biweekly notice. determination will consider all public should specifically explain the reasons Public Law 97-415 revised section 189 and State comments received before why intervention should be permitted of the Atomic Energy Act of 1954, as action is taken. Should the Commission with particular reference to the amended (the Act), to require the take this action, it will publish in the following factors: (1) the nature of the Commission to publish notice of any Federal Register a notice of issuance petitioner’s right under the Act to be amendments issued, or proposed to be and provide for opportunity for a made a party to the proceeding; (2) the issued, under a new provision of section hearing after issuance. The Commission nature and extent of the petitioner’s 189 of the Act. This provision grants the expects that the need to take this action property, financial, or other interest in Commission the authority to issue and will occur very infrequently. the proceeding; and (3) the possible make immediately effective any Written comments may be submitted effect of any order which may be by mail to the Chief, Rules Review and amendment to an operating license entered in the proceeding on the Directives Branch, Division of Freedom upon a determination by the petitioner’s interest. The petition should of Information and Publications Commission that such amendment also identify the specific aspect(s) of the Services, Office of Administration, U.S. involves no significant hazards subject matter of the proceeding as to Nuclear Regulatory Commission, which petitioner wishes to intervene. consideration, notwithstanding the Washington, DC 20555-0001, and Any person who has filed a petition for pendency before the Commission of a should cite the publication date and leave to intervene or who has been request for a hearing from any person. page number of this Federal Register admitted as a party may amend the This biweekly notice includes all notice. Written comments may also be petition without requesting leave of the notices of amendments issued, or delivered to Room 6D22, Two White Board up to 15 days prior to the first proposed to be issued from June 8, 1996, Flint North, 11545 Rockville Pike, prehearing conference scheduled in the through June 21, 1996. The last Rockville, Maryland from 7:30 a.m. to proceeding, but such an amended biweekly notice was published on June 4:15 p.m. Federal workdays. Copies of petition must satisfy the specificity 19, 1996 (61 FR 31171). written comments received may be requirements described above. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34885

Not later than 15 days prior to the first Document Room, the Gelman Building, proposed to clarify their requirements, the prehearing conference scheduled in the 2120 L Street, NW., Washington DC, by appropriate action to take, and their proceeding, a petitioner shall file a the above date. Where petitions are filed relationship to plant modes. This revised supplement to the petition to intervene during the last 10 days of the notice scram and rod block applicability is acceptable because control rods withdrawn which must include a list of the period, it is requested that the petitioner from a core cell containing no fuel assemblies contentions which are sought to be promptly so inform the Commission by have a negligible impact on the reactivity of litigated in the matter. Each contention a toll-free telephone call to Western the core, and, therefore, these features are not must consist of a specific statement of Union at 1-(800) 248-5100 (in Missouri required to be operable (i.e. provide the the issue of law or fact to be raised or 1-(800) 342-6700). The Western Union capability to scram). Provided all rods controverted. In addition, the petitioner operator should be given Datagram otherwise remain inserted, the RPS [Reactor shall provide a brief explanation of the Identification Number N1023 and the Protection System] functions serve no bases of the contention and a concise following message addressed to (Project purpose and are not required. In this statement of the alleged facts or expert Director): petitioner’s name and condition, the required shutdown margin (Specification 3.3.A.1) and the required one- opinion which support the contention telephone number, date petition was rod-out interlock (Specification 3.10.A) and on which the petitioner intends to mailed, plant name, and publication ensure that no event requiring the RPS or rely in proving the contention at the date and page number of this Federal Rod Block will occur. hearing. The petitioner must also Register notice. A copy of the petition The Actions of Table 3.1.1 for inoperable provide references to those specific should also be sent to the Office of the equipment were previously revised in sources and documents of which the General Counsel, U.S. Nuclear Amendment ι147 to be consistent with the petitioner is aware and on which the Regulatory Commission, Washington, improved STS [Standard Technical petitioner intends to rely to establish DC 20555-0001, and to the attorney for Specifications]. Action (A) requires fully those facts or expert opinion. Petitioner the licensee. inserting all insertable control rods in core Nontimely filings of petitions for cells containing one or more fuel assemblies. must provide sufficient information to Since Specification 3.10.A requires all show that a genuine dispute exists with leave to intervene, amended petitions, control rods to be fully inserted during fuel the applicant on a material issue of law supplemental petitions and/or requests movement, the proposed applicable or fact. Contentions shall be limited to for a hearing will not be entertained conditions cannot be entered while moving matters within the scope of the absent a determination by the fuel. In addition, Specification 3.10.D used amendment under consideration. The Commission, the presiding officer or the for controlling multiple control rod removal, contention must be one which, if Atomic Safety and Licensing Board that requires all control rods in a 3X3 array proven, would entitle the petitioner to the petition and/or request should be centered on the CRDs [Control Rod Drive] relief. A petitioner who fails to file such granted based upon a balancing of being removed to be fully inserted and a supplement which satisfies these factors specified in 10 CFR electrically disarmed and all other control rods fully inserted. The only possible action requirements with respect to at least one 2.714(a)(1)(i)-(v) and 2.714(d). For further details with respect to this is control rod withdrawal, which is contention will not be permitted to addressed by Action A. participate as a party. action, see the application for Hence operating Pilgrim in accordance Those permitted to intervene become amendment which is available for with the proposed changes will not involve parties to the proceeding, subject to any public inspection at the Commission’s a significant increase in the probability or limitations in the order granting leave to Public Document Room, the Gelman consequences of an accident previously intervene, and have the opportunity to Building, 2120 L Street, NW., evaluated. participate fully in the conduct of the Washington, DC, and at the local public Section 3/4.4 hearing, including the opportunity to document room for the particular The proposed change involves present evidence and cross-examine facility involved. reformatting, renumbering, and rewording of the existing Technical Specifications and witnesses. Boston Edison Company, Docket No. If a hearing is requested, the Bases along with other changes to the 50-293, Pilgrim Nuclear Power Station, Technical Specifications discussed above. Commission will make a final Plymouth County, Massachusetts The reformatting, renumbering, and determination on the issue of no rewording along with the other changes significant hazards consideration. The Date of amendment request: May 1, listed involves no technical changes to final determination will serve to decide 1996 existing Technical Specifications, and does when the hearing is held. Description of amendment request: not impact initiators of analyzed events. It If the final determination is that the The proposed amendment would also does not impact the assumed mitigation amendment request involves no modify Table 3.1.1, ‘‘Reactor Protection of accidents or transient events. Therefore, significant hazards consideration, the System (SCRAM) Instrumentation the change does not involve a significant Commission may issue the amendment Requirement,’’ Table 3.2.C.1, increase in the probability or consequences and make it immediately effective, ‘‘Instrumentation that Initiates Rod of an accident previously evaluated. Blocks,’’ and Technical Specification 3/ The proposed change relocates notwithstanding the request for a requirements to other sections of the hearing. Any hearing held would take 4.4, ‘‘Standby Liquid Control.’’ Basis for proposed no significant Technical Specifications, to plant place after issuance of the amendment. procedures, or to the Technical If the final determination is that the hazards consideration determination: Specifications BASES. The procedure change amendment request involves a As required by 10 CFR 50.91(a), the and BASES change processes require any significant hazards consideration, any licensee has provided its analysis of the changes that reflect plant design as described hearing held would take place before issue of no significant hazards in the FSAR [Final Safety Analysis Report] be the issuance of any amendment. consideration, which is presented evaluated in accordance with 10 CFR 50.59. A request for a hearing or a petition below: Since any changes will be evaluated per 10 for leave to intervene must be filed with 1. Does the change involve a significant CFR 50.59, no increase (significant or insignificant) in the probability or the Secretary of the Commission, U.S. increase in the probability or consequences of an accident previously evaluated? consequences of an accident previously Nuclear Regulatory Commission, Note 7 to Table 3.1.1 and Note 6 to Table evaluated will be allowed. Therefore, this Washington, DC 20555-0001, Attention: 3.2.C.1 change will not involve a significant increase Docketing and Services Branch, or may The changes to Note 7 to Table 3.1.1 and in the probability or consequences of an be delivered to the Commission’s Public the addition of Note 6 to Table 3.2.C.1 are accident previously evaluated. 34886 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The proposed change provides more alter assumptions relative to mitigation of an the existing Technical Specifications and stringent requirements than previously accident or alter the operation of process Bases along with other changes to the existed in the Technical Specifications. The variables, structures, systems, or components Technical Specifications discussed above. more stringent requirements will not result in as described in the safety analyses, the The reformatting, renumbering, and operation that will increase the probability of change will not involve a significant increase rewording along with the other changes initiating an analyzed event. If anything the in the probability or consequences of an listed involves no technical changes to new requirements may decrease the accident previously evaluated. existing Technical Specifications. These probability or consequences of an analyzed The proposed change replaces the changes are administrative and do not impact event by incorporating the more restrictive requirement to verify B-10 enrichment the assumed mitigation of accidents or changes discussed above. The change will concentration by test anytime boron is added transient events. Therefore, these changes do not alter assumptions relative to mitigation of to the solution and each refueling outage not involve a significant increase in the an accident or transient event. The more with verifying the enrichment prior to probability or consequences of an accident restrictive requirements will not alter the addition. Since enrichment of the solution in previously evaluated. operation of process variables, structures, the tank cannot change by any other means The proposed change relocates systems, or components as described in the but chemical addition, ensuring that only requirements to other Technical safety analyses. Therefore, the change will properly enriched material is available for Specification sections, to plant procedures, not involve a significant increase in the addition is adequate to maintain enrichment or to the Technical Specification BASES. probability or consequences of an accident at the required level. This change will not Relocating requirements will not alter the previously evaluated. alter assumptions relative to mitigation of an plant configuration (no new or different type The proposed change deletes the accident or alter the operation of process of equipment will be installed) or changes in requirements for Standby Liquid Control variables, structures, systems, or components methods governing normal plant operation. (SLC) System operability during Hot as described in the safety analyses. Therefore, Relocating requirements will not impose Shutdown, Cold Shutdown, and Refueling. this change will not involve a significant different requirements and adequate control The SLC System is not assumed in the increase in the probability or consequences of information will be maintained. Relocating initiation of any previously evaluated events of an accident previously evaluated. requirements will not alter assumptions and therefore the proposed change will not 2. The operation of Pilgrim Station in made in the safety analysis and licensing increase the probability or consequence of a accordance with the proposed amendment basis. Therefore, these changes will not previously analyzed accident. The SLC will not create the possibility of a new or create the possibility of a new or different System is not assumed to operate in the different kind of accident from any accident kind of accident from any accident mitigation of any previously analyzed previously evaluated. previously evaluated. accidents which are assumed to occur during Note 7 to Table 3.1.1 and Note 6 to Table The proposed changes make some existing Hot Shutdown, Cold Shutdown or Refueling. 3.2.C.1 requirements more restrictive and add This change will not result in operation that The changes to Note 7 to Table 3.1.1, and additional requirements to the Technical will increase the probability of initiating an the addition of Note 6 to Table 3.2.C.1 are Specifications but will not alter the plant analyzed event. This change will not alter proposed to clarify their requirements, the configuration (no new or different type of assumptions relative to mitigation of an appropriate action to take, and their equipment will be installed) or change accident or alter the operation of process relationship to plant modes. This revised methods governing normal plant operation. variables, structures, systems, or components scram and rod block applicability is These changes do impose different as described in the safety analyses. Therefore, acceptable because control rods withdrawn requirements, however, they are consistent this change will not involve a significant from a core cell containing no fuel assemblies with assumptions made in the safety increase in the probability or consequences have a negligible impact on the reactivity of analyses. Therefore, these changes will not of an accident previously evaluated. the core, and, therefore, are not required to create the possibility of a new or different The proposed change adds an action for be operable. Provided all rods otherwise kind of accident from any accident both SLC subsystems inoperable that delays remain inserted, the RPS functions serve no previously evaluated. the requirement to initiate plant shutdown purpose and are not required. In this The proposed change relaxes the modes of immediately and allows time to recover at condition, the required shutdown margin applicability for the SLC. Relaxing the least one subsystem before subjecting the (Specification 3.3.A.1) and the required one- applicability will not involve a physical plant to a potentially unnecessary transient. rod-out interlock (Specification 3.10.A) alteration of the plant (no new or different Allowing a short period of time to recover ensure that no event requiring the RPS or type of equipment will be installed) or one subsystem is acceptable because of the Rod Block will occur. changes in methods governing normal plant large number of independent control rods The Actions of Table 3.1.1 for inoperable operation. Therefore, this change will not available to shut down the reactor and the equipment were previously revised in create the possibility of a new or different diversity of means available to cause control Amendment ι147 to be consistent with the kind of accident from any accident rod insertion. This change will not alter improved STS. Action (A) requires fully previously evaluated. assumptions relative to mitigation of an inserting all insertable control rods in core 3. The operation of Pilgrim Station in accident or alter the operation of process cells containing one or more fuel assemblies. accordance with the proposed amendment variables, structures, systems, or components Since Specification 3.1O.A requires all will not involve a significant reduction in a as described in the safety analyses. Therefore, control rods to be fully inserted during fuel margin of safety. this change will not involve a significant movement, the proposed applicable Note 7 to Table 3.1.1 and Note 6 to Table increase in the probability or consequences conditions cannot be entered while moving 3.2.C.1 of an accident previously evaluated. fuel. In addition, Specification 3.10.D, used This revised scram and rod block The proposed change deletes requirements for controlling multiple control rod removal, applicability is acceptable because control for demonstrating operability of the requires all control rods in a 3X3 array rods withdrawn from a core cell containing redundant subsystems which eliminates centered on the CRDs being removed to be no fuel assemblies have a negligible impact excessive and unnecessary testing of safety fully inserted and electrically disarmed and on the reactivity of the core, and, therefore, significant equipment. This is consistent all other control rods fully inserted. The only are not required to be operable (provide a with guidance 10.1 of Generic Letter 93-05, possible action is control rod withdrawal, scram). Provided all rods otherwise remain ‘‘Line-Item Technical Specifications which is addressed by Action A. Hence, inserted, the RPS functions serve no purpose Improvements to Reduce Surveillance operating Pilgrim in accordance with the and are not required. In this condition, the Requirement for Testing During Power proposed changes will not create the required shutdown margin (Specification Operations’’. The change does not affect the possibility of a new or different kind of 3.3.A.1) and the required one-rod-out ability of the SLC system to perform on accident from any accident previously interlock (Specification 3.10.A) ensure that demand, and by actually lowering the evaluated. no event requiring the RPS or Rod Block will number of demands to demonstrate Section 3/4.4 occur. operability, reduces the probability of The proposed change involves The Actions of Table 3.1.1 for inoperable equipment failure. Since the change will not reformatting, renumbering, and rewording of equipment were previously revised in Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34887

Amendment ι147 to be consistent with the solution necessary to satisfy 10 CFR 50.62. the RPS-EPA units. The proposed change improved STS. Action (A) requires fully Since enrichment of the solution in the tank does not affect the ability of the Reactor inserting all insertable control rods in core cannot change by any other means but Protection System to maintain the integrity of cells containing one or more fuel assemblies. chemical addition, this change does not the fuel cladding, protect the reactor coolant Since Specification 3.10.A requires all involve a significant reduction in a margin of pressure boundary, or limit the amount of control rods to be fully inserted during fuel safety. energy released to primary containment. movement, the proposed applicable The NRC staff has reviewed the Therefore, the consequences of an accident is conditions cannot be entered while moving licensee’s analysis and, based on this not affected by the proposed change. fuel. In addition, Specification 3.10.D, used review, it appears that the three 2. The proposed amendments do not create for controlling multiple control rod removal, standards of 50.92(c) are satisfied. the possibility of a new or different kind of requires all control rods in a 3X3 array centered on the CRDs being removed to be Therefore, the NRC staff proposes to accident from any accident previously fully inserted and electrically disarmed and determine that the amendment request evaluated. As stated above, these proposed all other control rods fully inserted. The only involves no significant hazards amendments do not alter the design, possible action is control rod withdrawal, consideration. functions, or operation of the EPAs. The RPS which is adequately addressed by Action A. Local Public Document Room relay trip logic remains protected from power Therefore, operating Pilgrim in accordance location: Plymouth Public Library, 11 supplies operating with abnormal voltage or with the proposed changes will not involve North Street, Plymouth, Massachusetts frequency. Additionally, the redundancy of a significant reduction in a margin of safety. 02360 this protection is not changed. Section 3/4.4 Attorney for licensee: W. S. Stowe, Thus, the proposed amendments do not The administrative changes involve no Esquire, Boston Edison Company, 800 create the possibility of a new or different technical changes. These proposed changes Boylston Street, 36th Floor, Boston, kind of accident. will not reduce a margin of safety because 3. The proposed amendments do not there is no impact on any safety analysis Massachusetts 02199 NRC Project Director: Jocelyn A. involve a significant reduction in a margin of assumptions. Also, because the change is safety because the benefit to safety by Mitchell, Acting Director administrative in nature, no question of reducing the frequency of testing during safety is involved. Therefore, these changes Carolina Power & Light Company, et power operation and attendant possible do not involve a significant reduction in a al., Docket Nos. 50-325 and 50-324, challenges to safety systems more than offsets margin of safety. The change relocates any risk to safety from relaxing the requirements to other Technical Brunswick Steam Electric Plant, Units surveillance requirement to test the EPAs Specification sections, to plant procedures, 1 and 2, Brunswick County, North during power operation. The testing of each or to the Technical Specification BASES. Carolina EPA channel involves a dead-bus transfer These changes will not reduce a margin of Date of amendments request: safety since there is no impact on any safety and the momentary interruption of power November 15, 1995 results in a half scram and half isolation. analysis assumptions. In addition, the Description of amendments request: requirements to be transposed are the same Generic Letter 91-09 notes that many plants as the existing Technical Specifications. The proposed amendments would have encountered problems with the reset of Since any changes to plant procedures and revise the Technical Specifications (TS) the half trip resulting in inadvertent scrams Technical Specification BASES are required to alter the wording of TS 4.8.2.5.a in and group isolations that challenge safety to be evaluated per 10 CFR 50.59, no accordance with the guidance of systems during power operation. Eliminating reduction (significant or insignificant) in a Generic Letter (GL) 91-09, ‘‘Modification EPA testing at power operation increases the margin of safety will be allowed. Therefore, of Surveillance Interval For The margin of safety by eliminating the potential these changes will not involve a significant Electrical Protection Assemblies In for trips due to testing that challenge safety reduction in a margin of safety. Power Supplies For The Reactor systems. An insignificant reduction in the The addition of new requirements and Protection System.’’ margin of safety is introduced by increasing making existing ones more restrictive either the test interval up to a maximum of a refuel increases or does not affect the margin of Basis for proposed no significant hazards consideration determination: cycle which will produce a small increase in safety. These changes do not impact any risk that an inoperable EPA would not be As required by 10 CFR 50.91(a), the safety analysis assumptions. As such, no detected. The elimination of potential question of safety is involved. Therefore, licensee has provided its analysis of the challenges to safety systems provides a safety these changes will not involve a significant issue of no significant hazards benefit that offsets the increased risks of reduction in a margin of safety. consideration, which is presented component failure. The proposed change would remove a below: backup (in the Hot Shutdown, Cold 1. The proposed amendments do not The NRC staff has reviewed the Shutdown, and Refueling Modes) to the involve a significant increase in the licensee’s analysis and, based on this available systems for reactivity control; probability or consequences of an accident review, it appears that the three however, this backup is not considered in the previously evaluated because the proposed standards of 10 CFR 50.92(c) are margin of safety when determining the change does not alter the design, function, or satisfied. Therefore, the NRC staff required reactivity for shutdown and operation of the EPAs [Electrical Protective proposes to determine that the refueling events. This change will have no Assemblies]. The proposed amendments amendment request involves no impact on any safety analysis assumptions. modify the surveillance requirement for an significant hazards consideration. As such, no question of safety is involved. electrical protective device on the Reactor Therefore, this change does not involve a Protection System [RPS]. The RPS-EPA units Local Public Document Room significant reduction in a margin of safety. are designed to protect RPS equipment from location: University of North Carolina at The SLC system is not assumed to function abnormal operating voltage or frequency. The Wilmington, William Madison Randall in any DBA or transient and is not the proposed change will preclude the need to Library, 601 S. College Road, primary success path of a safety sequence test the RPS-EPA units during power Wilmington, North Carolina 28403-3297 analysis. It is a backup to the CRD scram operation. This will eliminate the potential function, therefore, allowing a short period of for reactor scrams and Group isolations Attorney for licensee: William D. time to recover one subsystem will have no during performance of the surveillance, thus, Johnson, Vice President and Senior impact on any safety analysis assumptions. preventing unwarranted challenges to safety Counsel, Carolina Power & Light As such, no question of safety is involved. systems. The proposed change does not affect Company, Post Office Box 1551, Therefore, this change does not involve a any accident precursor or initiator. Therefore, Raleigh, North Carolina 27602 significant reduction in a margin of safety. the probability of an accident is not affected The change does not alter the requirements by the proposed change. The proposed NRC Project Director: Eugene V. for enrichment/ concentration of the boron amendments do not affect the operability of Imbro 34888 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Carolina Power & Light Company, will not create the possibility of a new kind issue of no significant hazards Docket No. 50-261, H. B. Robinson of accident from any previously evaluated. consideration, which is presented Steam Electric Plant, Unit No. 2, 3. The proposed change does not involve below: Darlington County, South Carolina a significant reduction in the margin of 1. The proposed amendment does not safety. involve a significant increase in the Date of amendment request: June 6, The RCP flywheels have been carefully probability or consequences of an accident 1996 designed and manufactured from high previously evaluated. Description of amendment request: quality steel. Twenty-two inspections have been performed at HBRSEP, Unit No. 2 over These recorders are passive components The proposed change would revise which serve only a recording function. They technical specifications (TS) Section the past 25 years and no indications have been discovered that would affect the can neither initiate an accident nor serve to 4.2.3 to allow the licensee to defer the integrity of the flywheel. The Westinghouse mitigate accident consequences. The ultrasonic inspection of the reactor Owners Group (WOG) has performed an proposed change serves only to correct the coolant pump flywheel for one extensive study documented in WCAP- location, commensurate with design operating cycle. 14535, ‘‘Topical Report on Reactor Coolant documents, for one of the three recorders Basis for proposed no significant Pump Flywheel Inspection Elimination,’’ that described in the Technical Specifications. includes an evaluation of industry hazards consideration determination: Accordingly, this change is administrative in experience, a stress and fracture evaluation, As required by 10 CFR 50.91(a), the nature. Therefore, there would be no increase licensee has provided its analysis of the and a risk assessment, and has concluded that RCP flywheel inspections may be safety in the probability or consequences of an issue of no significant hazards eliminated. The proposed change would only accident previously evaluated. consideration, which is presented result in a one-time deferral of the scheduled 2. The proposed amendment does not below: inspection for one operating cycle. In create the possibility of a new or different 1. The proposed change does not involve consideration of the historical integrity of the kind of accident from any accident a significant increase in the probability or HBRSEP, Unit No. 2 RCP flywheels, the previously evaluated. consequences of an accident previously industry experience, the results of the WOG The proposed correction is an evaluated. study, and the deferral of the risk of RCP administrative change to correct the location The safety function of the Reactor Coolant flywheel damage during disassembly and of a recorder currently described in the Pump (RCP) flywheel is to provide a inspection, we conclude that a one operating Technical Specifications. No physical coastdown period during which the RCPs cycle deferral of the scheduled RCP flywheel would continue to provide reactor coolant inspection will not result in a reduction in alterations to plant equipment are being flow to the core after a loss of power to the the margin of safety. made, and there will be no changes that alter RCPs. The maximum loading on the RCP The NRC staff has reviewed the how any safety-related system performs its motor flywheel results from overspeed licensee’s analysis and, based on this function. Therefore, the proposed changes do following a large break Loss of Coolant review, it appears that the three not create the possibility of a new or different Accident (LOCA). The estimated maximum kind of accident from any accident obtainable speed in the event of a Reactor standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff previously evaluated. Coolant System (RCS) piping break was 3. The proposed amendment does not established conservatively, and the proposed proposes to determine that the involve a significant reduction in the margin one-time change does not affect that analysis. amendment request involves no of safety. The RCP flywheels have been carefully significant hazards consideration. designed and manufactured from high Local Public Document Room Technical Specification Bases 3/4.3.3.3 quality steel. Twenty-two inspections have location: Hartsville Memorial Library, specify the acceptance level for seismic been performed at HBRSEP, Unit No. 2 over 147 West College Avenue, Hartsville, instrumentation as ‘‘consistency’’ with the recommendations of Regulatory Guide 1.12. the past 25 years and no indications have South Carolina 29550 been discovered that would affect the Attorney for licensee: William D. Since the regulatory guide states only that integrity of the flywheel. The Westinghouse one recorder should be provided at a Johnson, Vice President and Senior Owners Group (WOG) has performed an ‘‘selected location on the reactor piping,’’ it Counsel, Carolina Power & Light extensive study documented in WCAP- is not material whether it is installed on Loop Company, Post Office Box 1551, 14535, ‘‘Topical Report on Reactor Coolant 1 versus Loop 2. Therefore, the proposed Pump Flywheel Inspection Elimination,’’ that Raleigh, North Carolina 27602 change does not affect a margin of safety as NRC Project Director: Eugene V. includes an evaluation of industry defined in the Bases to the Technical experience, a stress and fracture evaluation, Imbro Specifications. and a risk assessment, and has concluded that RCP flywheel inspections may be safely Carolina Power & Light Company, et The NRC staff has reviewed the eliminated. al., Docket No. 50-400, Shearon Harris licensee’s analysis and, based on this Reduced coastdown times due to a single Nuclear Power Plant, Unit 1, Wake and review, it appears that the three failed flywheel would not place the plant in Chatham Counties, North Carolina standards of 10 CFR 50.92(c) are an unanalyzed condition since a locked rotor Date of amendment request: May 31, satisfied. Therefore, the NRC staff (i.e., an instantaneous coastdown) is proposes to determine that the analyzed in the Updated Final Safety 1996 Analysis Report (UFSAR). The proposed Description of amendment request: amendment request involves no change also does not increase the amount of The proposed amendment would significant hazards consideration. radioactive material available for release or change the plant Technical Local Public Document Room modify any systems used for mitigation of Specifications (TS) Table 3.3-7, Seismic location: Cameron Village Regional releases during an accident. Therefore, the Monitoring Instrumentation, and TS Library, 1930 Clark Avenue, Raleigh, proposed change does not involve an Table 4.3-4, Seismic Monitoring North Carolina 27605 increase in the probability of consequences of Instrumentation Surveillance an accident previously evaluated. Requirements, to correct the location Attorney for licensee: William D. 2. The proposed change does not create the described for one of the three Triaxial Johnson, Vice President and Senior possibility of a new or different kind of Counsel, Carolina Power & Light accident from any accident previously Peak Accelerograph Recorders. Basis for proposed no significant Company, Post Office Box 1551, evaluated. Raleigh, North Carolina 27602 The proposed change will not change the hazards consideration determination: design, configuration, or method of operation As required by 10 CFR 50.91(a), the NRC Project Director: Eugene V. of the plant. Therefore, the proposed change licensee has provided its analysis of the Imbro Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34889

Florida Power and Light Company, LOCA analysis is performed to ensure accident analyses acceptance criteria (e.g., Docket Nos. 50-250 and 50-251, Turkey peaking factor acceptability. DNBR [departure from nucleate boiling ratio], Point Plant Units 3 and 4, Dade County, Basis for proposed no significant RCS [reactor coolant system] pressure, hazards consideration determination: secondary side pressure, etc.). The margin of Florida safety required for each affected safety As required by 10 CFR 50.91(a), the Dates of amendment request: analysis is maintained. The adequacy of the licensee has provided its analysis of the December 18, 1995, May 3 and June 11, revised Technical Specifications values has issue of no significant hazards 1996 been confirmed such that there is no Description of amendment request: consideration, which is presented reduction in the margin of safety. Therefore, the proposed changes do not involve a The licensee proposed to change the below. LICENSE CONDITION, RATED THERMAL significant reduction in the margin of safety. Turkey Point Units 3 and 4 Technical POWER, CORE SAFETY LIMITS, REACTOR AVAILABLE VOLUME CHANGE FOR Specifications (TS) to uprate the core TRIP SYSTEM INSTRUMENTATION TRIP CONDENSATE STORAGE TANK (CST) AND thermal output of Turkey Point Units 3 SETPOINTS, ESFAS INSTRUMENTATION DEMINERALIZED WATER STORAGE TANK and 4 from 2200 MWt to 2300 MWt. The TRIP SETPOINTS, DNB PARAMETERS AND (DWST), AND REDUCED SAFETY proposed TS changes were divided into RCP BREAKER POSITION TRIP INJECTION (SI) PUMP DISCHARGE HEAD eight groups. The submittal included a (1) Operation of the facility in accordance REQUIREMENT. with the proposed amendments would not (1) Operation of the facility in accordance ‘‘No Significant Hazards’’ evaluation for with the proposed amendments would not each of the eight groups. The groupings involve a significant increase in the probability or consequences of an accident involve a significant increase in the are as follows: previously evaluated. probability or consequences of an accident TS changes associated with the The proposed changes do not involve an previously evaluated. uprated power level, the revised core increase in the probability or consequences The revised tank volumes and SI head safety limits, revised DNB [departure of an accident previously evaluated because requirements have been evaluated with from nucleate boiling] parameters, operation with these revised values will not respect to system performance and analysis Engineered Safety Features Actuation cause any design or analysis acceptance impacts. All accident analysis acceptance criteria continue to be met. The design System (ESFAS) and reactor trip criteria to be exceeded. The structural and functional integrity of all plant systems are function of all affected systems have been setpoint changes, and Reactor Coolant reviewed and all system design criteria Pump (RCP) Breaker Position Trip, were unaffected. The overtemperature Delta T and overpower Delta T reactor trip functions as continue to be met. The structural and functional integrity of the affected systems evaluated together. The safety of these well as ESFAS functions are part of the are unaffected. These changes are not proposed changes were verified by the accident mitigation response and are not initiators for any accident and therefore the accident analyses that were completed accident initiators. All proposed changes probability of occurrence of an accident in support of the uprated power. have been assessed and no design and previously evaluated has not increased. analysis acceptance criteria have been TS changes associated with reducing The proposed changes do not affect the the SI [safety injection] pump discharge exceeded. Therefore the probability of integrity of the fission product barriers for head requirement and increasing usable occurrence previously evaluated is not mitigation of dose consequences. All dose volume requirements for the affected. consequences remain well within the 10 CFR Demineralized Water Storage Tank The proposed changes do not affect the 100 limits. Therefore there is no increase in integrity of the fission product barriers (DWST) and the Condensate Storage the probability or consequences of an utilized for mitigation of dose consequences accident previously evaluated. Tank (CST) were addressed together. as a result of an accident. Dose consequences TS changes associated with (2) Operation of the facility in accordance were reviewed and reanalyzed (as needed) with the proposed amendments would not pressurizer and main steam safety valve and found acceptable. Therefore, the create the possibility of a new or different (MSSV) setpoint tolerance increases probability or consequences of an accident kind of accident from any accident were assessed together. previously evaluated are not significantly previously evaluated. TS changes associated with operation increased. The revised tank volumes and SI head at reduced power with inoperable (2) Operation of the facility in accordance requirements do not create the possibility of MSSVs were assessed separately. with the proposed amendments would not a new or different kind of accident from any TS changes associated with the create the possibility of a new or different accident previously evaluated because these kind of accident from any accident modifications do not affect accident service period for heatup and cooldown previously evaluated. pressure-temperature limit curves were initiation sequences. No new operating The proposed changes do not create the configuration is being imposed by the assessed together. possibility of a new or different kind of adjustments that would create a new failure The Surveillance Requirement change accident from any accident previously scenario. In addition, no new failure modes for the emergency containment cooling evaluated because their effects do not affect or limiting single failures have been [ECC] unit operability was handled accident initiation sequences. All new identified. Therefore, it is concluded that no separately since this was a design operating configurations have been evaluated new or different kind of accident from any change that required extensive and no new limiting single failures have been accident previously evaluated have been evaluations. identified. In addition, no new failure modes created as a result of these revisions. have been identified. Therefore, it is TS change associated with the methyl (3) Operation of the facility in accordance concluded that no new or different kind of with the proposed amendments would not iodide removal efficiency in the Control accident from any accident previously involve a significant reduction in a margin of Room Emergency Ventilation System evaluated has been created as a result of safety. was assessed separately. these revisions. The proposed changes do not involve a All LOCA [loss-of-coolant accident] (3) Operation of the facility in accordance reduction in a margin of safety because the related changes dealing with the with the proposed amendments would not margin of safety associated with these peaking factor increase, COLR [core involve a significant reduction in a margin of parameters, as verified by the results of the operating limit report] changes, safety. accident analyses and system evaluations, are Evaluation Model references, and The proposed changes do not involve a within acceptance limits. The margin of reduction in a margin of safety because the relocation of peaking factors from the safety required for each affected safety margin of safety associated with these analysis is maintained. Therefore, the TS and subsequent inclusion in the parameters as verified by the results of the proposed changes do not involve a COLR were included in one ‘‘No accident analyses, are within acceptable significant reduction in the margin of safety. Significant Hazards’’ evaluation. All of limits. All transients impacted have been PRESSURIZER AND MAIN STEAM the items are closely related since the analyzed and have met the applicable SAFETY VALVE SETPOINT TOLERANCES 34890 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

(1) Operation of the facility in accordance evaluated. The proposed maximum allowable SERVICE PERIOD FOR HEATUP AND with the proposed amendments would not power level values will ensure that the COOLDOWN PRESSURE-TEMPERATURE involve a significant increase in the secondary side steam pressure will not LIMIT CURVES probability or consequences of an accident exceed 110 percent of the design pressure (1) Operation of the facility in accordance previously evaluated. following a Loss of Load/Turbine Trip event, with the proposed amendments would not The revised tolerances for main steam when one or more main steam safety valves involve a significant increase in the safety valves and pressurizer safety valves do (MSSVs) are declared inoperable. The probability or consequences of an accident not involve an increase in the probability or proposed change will not impact the previously evaluated. consequences of an accident previously classification of the Loss of Load/Turbine Calculation of the service period for the evaluated because operation with these Trip event as a Condition II probability event heatup and cooldown curves does not revised values will not cause any design or (faults of moderate frequency) per ANSI - involve an increase in the probability or analytical acceptance criteria, such as those N18.2, 1973. Accordingly, since the proposed consequences of an accident previously applicable to primary and secondary side maximum allowable power level will evaluated because the calculations were pressures to be exceeded. The structural and maintain the capability of the MSSVs to completed to verify the adequacy of the functional integrity of the valves are perform their pressure relief function existing curves and to determine an unaffected by this proposed change. The associated with a Loss of Load/Turbine Trip appropriate service period. The use of tolerance changes do not initiate or cause event, there will be no effect on the approved methods and the acceptable results initiation of any transient. Therefore, the probability or consequences of an accident have shown that no design or analysis probability of occurrence previously previously evaluated. criteria are changed. The structural and evaluated is not affected. (2) Operation of the facility in accordance functional integrity of the reactor vessel has The changes do not affect the integrity of with the proposed amendments would not been verified. the fission product barriers utilized for dose create the possibility of a new or different No fission product barriers or inputs to consequence mitigation. Therefore, the kind of accident from any accident dose analyses are adversely affected by these probability or consequences of an accident previously evaluated. calculations and reverification of the existing previously evaluated is not increased. The proposed changes do not create the heatup/cooldown curves. Therefore, the (2) Operation of the facility in accordance possibility of a new or different kind of probability or consequences of an accident with the proposed amendments would not accident from any accident previously previously evaluated are not increased. create the possibility of a new or different evaluated. The proposed changes do not (2) Operation of the facility in accordance kind of accident from any accident involve any change to the configuration of with the proposed amendments would not previously evaluated. any plant equipment, and no new failure create the possibility of a new or different The revised valve tolerances do not create modes have been defined for any plant kind of accident from any accident the possibility of a new or different kind of system or component. The proposed previously evaluated. accident from any accident previously maximum allowable power level as specified The revised service period does not create evaluated because the tolerances do not affect in TS Table 3.7-1 will improve the capability the possibility of a new or different kind of accident initiation sequences. No new of the MSSVs to perform their pressure relief accident from any accident previously operating configuration is being imposed by function to ensure the secondary side steam evaluated because the recalculation of an the tolerances that would create a new failure pressure does not exceed 110 percent of acceptable service period does not affect scenario. In addition, no new failure modes design pressure following a Loss of Load/ accident initiation sequences. No new or limiting single failures have been Turbine Trip event. Therefore, since the operating configuration is being imposed by identified. Therefore, it is concluded that no function of the MSSVs is improved by the the calculations that would create a new new or different kind of accident from any proposed changes, the possibility of a new or failure scenario. In addition, no new failure accident previously evaluated have been different kind of accident from any accident modes or limiting single failures have been created as a result of these revisions. previously evaluated is not created. identified. Therefore, the types of accidents (3) Operation of the facility in accordance (3) Operation of the facility in accordance defined in the UFSAR continue to represent with the proposed amendments would not with the proposed amendments would not the credible spectrum of events to be involve a significant reduction in a margin of involve a significant reduction in a margin of analyzed which determine safe plant safety. safety. operation. Therefore, it is concluded that no The changes to valve tolerances do not The proposed changes to the Technical new or different kind of accident from any involve a reduction in a margin of safety Specifications do not involve a significant accident previously evaluated have been because the margin of safety associated with reduction in a margin of safety. The created as a result of these revisions. the MSSVs and the pressurizer safety valves, algorithm methodology used to calculate the (3) Operation of the facility in accordance as verified by the results of the accident maximum allowable power level is with the proposed license amendments analyses and valve evaluations, are within conservative and bounding since it is based would not involve a significant reduction in acceptable limits. Transients impacted by on a number of inoperable MSSVs per loop; a margin of safety. this change have been analyzed and have met i.e., if only one MSSV in one loop is out of Calculations were performed to determine the applicable accident analyses acceptance service, the required action to reduce power the service period appropriate for the existing criteria, such as those applicable to primary to the maximum allowable power level curves. The changes to service period do not and secondary side pressure. The margin of would be the same as if one MSSV in each involve a reduction in a margin of safety safety required for each affected safety loop were out of service. Another because the margin of safety associated with analysis is maintained. This conclusion is conservatism with the algorithm the heatup/cooldown curves, as verified by not changed by the valve tolerances for the methodology is with the assumed minimum the results of the analyses, are unchanged. main steam safety valves and the pressurizer total steam flow rate capability of the Therefore, the proposed change to the service safety valves. Therefore, the changes do not operable MSSVs. The assumption is that if period does not involve a significant involve a significant reduction in the margin one or more MSSVs are inoperable per loop, reduction in the margin of safety. of safety. the inoperable MSSVs are the largest capacity MODIFICATION TO SURVEILLANCE OPERATION AT REDUCED POWER WITH MSSVs, regardless of which capacity MSSVs REQUIREMENT FOR EMERGENCY INOPERABLE MAIN STEAM SAFETY are actually inoperable. CONTAINMENT COOLING SYSTEM VALVES Therefore, since the maximum allowable (1) Operation of the facility in accordance (1) Operation of the facility in accordance power level calculated for the proposed with the proposed amendments would not with the proposed amendments would not changes using the algorithm methodology are involve a significant increase in the involve a significant increase in the more conservative and ensure that 110 probability or consequences of an accident probability or consequences of an accident percent of secondary side steam pressure is previously evaluated. previously evaluated. not exceeded following a Loss of Load/ The purpose of the ECC units is to help The proposed changes do not involve a Turbine Trip event, this proposed license mitigate the consequences of an accident significant increase in the probability or amendment will not involve a significant (i.e., to help maintain the containment consequences of an accident previously reduction in a margin of safety. pressure and temperature within their design Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34891

values following a design basis accident). accident control room doses, the methyl of the FQ and F Delta H limits will be The ECC units do not operate during normal iodide removal efficiency required to be performed using methodology approved by operation of the plant. Failure of the ECC demonstrated by laboratory test, is being the NRC and poses no significant increase in units would not initiate a plant transient or increased from 90% to 99%. This increase in the probability or consequences of any accident. Therefore, the proposed change testing efficiency is consistent with the accident previously evaluated. involving the ECC units would not affect the recommendations set by the NRC staff in The changes being proposed as editorial in probability of occurrence of an accident Regulatory Guide 1.52 to support analysis nature do not affect assumptions contained previously evaluated. efficiencies for elemental iodine and methyl in the safety analyses, the physical design Evaluations demonstrate that, with two iodide removal of 95%, respectively. Testing and/or operation of the plant, nor do they ECC units operating during a LOCA or MSLB performed to verify methyl iodide removal affect Technical Specifications that preserve [main steamline break], the containment efficiency will be performed under safety analysis assumptions. Therefore, these pressure and temperature will be maintained conditions representative of the control room proposed changes do not affect the within their design values. These evaluations environment. probability or consequences of accidents also demonstrate that, with two ECC units Since this change in removal efficiency is previously analyzed. operating during a LOCA or MSLB, the in the conservative direction, plant safety (2) Operation of the facility in accordance temperature of the CCWS [component will not be adversely impacted. with the proposed amendments would not cooling water system] will be maintained (2) Operation of the facility in accordance create the possibility of a new or different within its design temperature. Therefore, the with the proposed amendments would not kind of accident from any accident proposed change involving the ECC units create the possibility of a new or different previously evaluated. would not affect the consequences of an kind of accident from any accident The relocation of the FQ and F Delta H accident previously evaluated. previously evaluated. limits from the Technical Specifications to (2) Operation of the facility in accordance The proposed change to the control room the Core Operating Limits Report is with the proposed amendments would not emergency ventilation system iodide removal administrative in nature and has no impact, create the possibility of a new or different efficiency does not create the possibility of a nor does it contribute in any way to the kind of accident from any accident new or different kind of accident from any possibility of a new or different kind of previously evaluated. accident previously evaluated because accident from any accident previously The purpose of the ECC units is to mitigate operation of the control room emergency evaluated. design basis accidents, and failure of the ECC ventilation system is not identified in any The determination of the FQ and F Delta H units would not cause a plant transient or accident initiation sequence. The system is limits will be performed using NRC-approved accident. Furthermore, a single failure of an provided to minimize operator exposure to methodology and are submitted to the NRC ECC unit during a LOCA or MSLB would not airborne radioactivity released as a result of as a revision to the COLR to allow the NRC lead to a new or different kind of accident. an accident. The new operating configuration staff to trend peaking factors. The Technical Although the revised Technical has been evaluated and no new limiting Specifications will continue to require Specifications require two ECC units to start single failures have been identified as a result operation within the required core operating automatically on a LOCA signal, they would of the proposed modification. Therefore, it is limits and appropriate actions will be taken also require that all three ECC units be if the F and F Delta H limits are exceeded. operable. On a single failure of an operating concluded that no new or different kind of Q ECC unit, there would be sufficient time to accidents from any accident previously Therefore, the proposed amendments does start the standby ECC unit to accomplish the evaluated have been created as a result of not in any way create the possibility of a new design function of the ECC system. Therefore, these revisions. or different kind of accident from any the proposed amendment would not create (3) Operation of the facility in accordance accident previously evaluated. the possibility of a new or different kind of with the proposed amendments would not The editorial changes proposed are accident from any accident previously involve a significant reduction in a margin of administrative in nature and do not affect evaluated. safety. assumptions contained in plant safety (3) Operation of the facility in accordance The proposed changes do not involve a analyses, the physical design and/or with the proposed amendments would not reduction in the margin of safety because the operation of the facility, nor do they affect involve a significant reduction in a margin of margin of safety associated with this change Technical Specifications that preserve safety safety. is in the conservative direction. Thus, plant analysis assumptions. Therefore, these The proposed change in the actuation logic safety will not be adversely impacted and the changes do not create the possibility of a new of the ECC units would not cause either the margin of safety required for the affected or different kind of accident. containment pressure and temperature or the safety analysis is maintained. The adequacy (3) Operation of the facility in accordance CCWS temperature to exceed their design of the revised Technical Specification values with the proposed amendments would not values. While the energy released into to maintain the plant in a safe operating involve a significant reduction in a margin of containment and subsequently transferred to condition has been confirmed, since the safety. the CCWS will increase as a result of the testing will be done to a more conservative The relocation of the FQ and F Delta H thermal uprate, this increase is insignificant criteria (i.e., 99% efficiency). Therefore, the limits from the Technical Specifications to and will not result in either the containment proposed changes do not involve a the Core Operating Limits Report is or CCWS exceeding a design limit. Therefore, significant reduction in the margin of safety. administrative in nature and has no impact the proposed change would not affect the RELOCATION OF FQ(Z) [HEAT FLUX on the margin of safety. The determination of margin of safety. HOT CHANNEL FACTOR] AND F Delta H the FQ and F Delta H limits will be performed CONTROL ROOM EMERGENCY [NUCLEAR ENTHALPY RISE HOT using methodology approved by the NRC and VENTILATION SYSTEM CHANNEL FACTOR] LIMITS FROM does not constitute a significant reduction in (1) Operation of the facility in accordance TECHNICAL SPECIFICATIONS TO CORE the margin of safety. with the proposed amendments would not OPERATING LIMITS REPORT AND The supporting Technical Specification involve a significant increase in the EDITORIAL CORRECTIONS values are defined by the accident analyses probability or consequences of an accident (1) Operation of the facility in accordance which are performed to conservatively bound previously evaluated. with the proposed amendments would not the operating conditions defined by the The proposed change does not affect the involve a significant increase in the Technical Specifications. Performance of integrity of the fission product barriers probability or consequences of an accident analysis and evaluation have confirmed that utilized for mitigation of dose consequences previously evaluated. the operating envelope defined by the as a result of an accident. Only the iodide The relocation of the values for FQ and F Technical Specifications continues to be removal efficiency of the control room Delta H from the Technical Specifications to bounded by the analytical basis, which in no emergency ventilation system is increased, the Core Operating Limits Report is case exceeds the acceptance limits. and this change is in the conservative administrative in nature and has no impact Therefore, the margin of safety provided in direction. on the probability or consequences of any the analyses in accordance with the To assure consistency between testing Design Bases Event (DBE) occurrence which acceptance limits is maintained and not efficiency and analysis assumptions for post- was previously evaluated. The determination significantly reduced. 34892 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The changes being proposed as editorial in probability or consequences of accidents 1. Does the change involve a significant nature do not relate to or modify the safety previously analyzed. increase in the probability or consequence of margins defined in, and maintained by the (2) Operation of the facility in accordance an accident previously evaluated? Technical Specifications. Therefore, the with the proposed amendments would not The purpose of the proposed Technical proposed changes which correct create the possibility of a new or different Specification change is to establish administrative errors and clarify existing kind of accident from any accident consistency between the basis for the air start Technical Specification requirements do not previously evaluated. pressure required for the Division I and II involve any reduction in a margin of safety. The use of the modified specifications can diesels and the value required for the The NRC staff has reviewed the not create the possibility of a new or different Division III diesel. The value of 160 psig licensee’s analysis and, based on this kind of accident from any previously currently specified in SR 3.8.3.4 is evaluated since the proposed amendments review, it appears that the three representative of a 5-start value for the will not change the physical plant or the Division I and II diesels, however, this value standards of 50.92(c) are satisfied. modes of plant operation defined in the is not representative of a 5-start for the Therefore, the NRC staff proposes to facility operating license. No new failure Division III diesel. While the 160 psig value determine that the amendment request mode is introduced due to the administrative does serve to satisfy the requirements of 10 involves no significant hazards changes and clarifications, since the CFR 50.36 with regard to maintaining the consideration. proposed changes do not involve the lowest functional level required for the Local Public Document Room addition or modification of equipment nor do Division III diesel to perform its design safety they alter the design or operation of affected function, the current value does not serve to location: Florida International plant systems, structures, or components. University, University Park, Miami, maintain the design margin utilized when (3) Operation of the facility in accordance sizing the air receivers for the purpose of Florida 33199 with the proposed amendments would not satisfying the Standard Review Plan guidance Attorney for licensee: J. R. Newman, involve a significant reduction in a margin of contained in section 9.5.6 (NUREG-0800 Esquire, Morgan, Lewis & Bockius, 1800 safety. Revision 2). M Street, NW., Washington, DC 20036 The operating limits and functional The proposed value fully complies with NRC Project Director: Frederick J. capabilities of the affected systems, the guidance provided in NUREG-0800 and Hebdon structures, and components are unchanged is more conservative than the value currently by the proposed amendments. The modified included in the Technical Specifications. The Florida Power and Light Company, specifications which correct administrative proposed value is well within the capability Docket Nos. 50-250 and 50-251, Turkey errors and clarify existing Technical of the air system’s design and will not subject Specification requirements do not Point Plant Units 3 and 4, Dade County, the air system to excessive pressures or significantly reduce any of the margins of undue cycling of the system’s compressors. Florida safety. The proposed change has no effect on the Dates of amendment request: April The NRC staff has reviewed the probability of an accident as diesel generators 19, 1996, May 10, 1996, and May 28, licensee’s analysis and, based on this have no bearing on the initiation of any 1996 review, it appears that the three analyzed event. In addition, the capability of Description of amendment request: standards of 50.92(c) are satisfied. the Division III diesel to perform its design The licensee proposed to change the Therefore, the NRC staff proposes to basis function (i.e., starting, accelerating to Turkey Point Units 3 and 4 Technical determine that the amendment request rated speed and voltage, and connecting to its Specifications (TS) to address frequency involves no significant hazards respective bus within 13 seconds) is not extension for actions required on a consideration. affected by this change. The ability of the Local Public Document Room diesel to support the mitigation of analyzed periodic basis, delete the separate accidents is not affected and hence the notification requirement for an location: Florida International University, University Park, Miami, consequences of any analyzed event are not inoperable startup transformer, and affected. Therefore, the proposed change allow the operating RHR loop to be Florida 33199 does not increase the probability or the removed from operation during Attorney for licensee: J. R. Newman, consequences of previously analyzed refueling operations under certain Esquire, Morgan, Lewis & Bockius, 1800 accidents. conditions. M Street, NW., Washington, DC 20036 2. Does the change create the possibility of NRC Project Director: Frederick J. Basis for proposed no significant a new or different kind of accident from any Hebdon hazards consideration determination: accident previously evaluated? The proposed change does not introduce As required by 10 CFR 50.91(a), the Gulf States Utilities Company, Cajun any new failure modes. All of the affected licensee has provided its analysis of the Electric Power Cooperative, and components remain within their applicable issue of no significant hazards Entergy Operations, Inc., Docket No. design limits. In addition, the environmental consideration, which is presented 50-458, River Bend Station, Unit 1, qualification of any plant equipment is not below. West Feliciana Parish, Louisiana adversely affected by the proposed change. (1) Operation of the facility in accordance Date of amendment request: May 30, Since the performance of this system is not with the proposed amendments would not 1996 adversely affected by this change and the involve a significant increase in the design margins of this system are not probability or consequences of an accident Description of amendment request: challenged in a manner differently than previously evaluated. The proposed amendment would revise previously analyzed, the proposed change The proposed amendments do not involve the technical specifications surveillance does not create the possibility of a new or a significant increase in the probability or requirement (SR) 3.8.3.4 to specify a 5- different kind of accident from any accident consequences of an accident previously start pressure for the air receivers previously evaluated. evaluated because the proposed amendments associated with the Division III, High 3. Does this change involve a significant are purely administrative in nature. These Pressure Core Spray emergency diesel reduction in a margin of safety? amendments will not involve a significant generator. The proposed change raises the required increase in the probability or consequences Basis for proposed no significant starting air pressure for the Division III above of an accident previously evaluated because hazards consideration determination: that currently required by the Technical they do not affect assumptions contained in Specifications to establish consistency plant safety analyses, the physical design As required by 10 CFR 50.91(a), the between the basis of the Division III value and/or operation of the plant, nor do they licensee has provided its analysis of the with the value used for the Division I and II affect Technical Specifications that preserve issue of no significant hazards diesels. Issuance of the proposed change will safety analysis assumptions. Therefore, the consideration, which is presented establish a 5 start air receiver pressure for proposed changes do not affect the below: each of the three safety-related diesels at Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34893

River Bend. While the proposed value is result in the input of more restrictive core District, Post Office Box 499, Columbus, slightly less than the 5 start value discussed operating limits into the plant process NE 68602-0499 in River Bend’s SER, the proposed value is computer, ensuring that CNS will be NRC Project Director: William D. supported by the River Bend site-specific test operated within the constraints of the new Beckner data and does not adversely affect existing SLMCPR limits of 1.07 for dual recirculation analyses or system performance. Therefore, loop operation, and 1.08 for single Niagara Mohawk Power Corporation, the proposed change does not result in a recirculation loop operation. No plant Docket No. 50-410, Nine Mile Point reduction in a margin of safety. hardware modifications are associated with Nuclear Station, Unit 2, Oswego The NRC staff has reviewed the this change. Therefore, since this proposed County, New York licensee’s analysis and, based on this change will not change the physical review, it appears that the three configuration of the plant, nor result in Date of amendment request: May 15, standards of 10 CFR 50.92(c) are operational changes which invalidate 1996 assumptions used in any CNS accident Description of amendment request: satisfied. Therefore, the NRC staff analysis, this change does not involve an The proposed amendment would revise proposes to determine that the increase in the probability or consequences Technical Specification (TS) 3/4.3.2, amendment request involves no of any accident previously evaluated. ‘‘Isolation Actuation Instrumentation,’’ significant hazards consideration. 2. Does the proposed License Amendment Local Public Document Room create the possibility of a new or different to establish a range of allowable and trip location: Government Documents kind of accident from any accident setpoints for high temperature (varying Department, Louisiana State University, previously evaluated? as a function of ambient temperature) in Baton Rouge, LA 70803 This change revises the SLMCPR values in the Main Steam Line Tunnel Lead Attorney for licensee: Mark the CNS Technical Specifications in Enclosure Area. Specifically, a new TS accordance with a cycle specific analysis Figure 3.3.2-1 would be added to Wetterhahn, Esq., Winston & Strawn, performed for the remainder of the current 1400 L Street, NW., Washington, DC provide a curve of allowable cycle. The SLMCPR ensures that less than temperature values and a curve of trip 20005 0.1% of the fuel rods in a core would NRC Project Director: William D. experience transition boiling during the most temperature setpoints, both plotted over Beckner limiting Anticipated Operational Occurrence. a range of ambient temperatures. The Increasing the SLMCPR from 1.06 to 1.07 for new Figure would be referenced by Nebraska Public Power District, Docket dual recirculation loop operation and from Table 3.3.2-2 at item 1.d.3 (High No. 50-298, Cooper Nuclear Station, 1.07 to 1.08 for single recirculation loop Temperature Main Steam Line Tunnel Nemaha County, Nebraska operation will ensure that the specified Lead Enclosure Trip Function) by a new Date of amendment request: June 6, statistical confidence will be met for all footnote stating: analyzed transients. This change does not 1996, as supplemented by letters dated The trip setpoint and allowable value for involve any plant hardware changes. The a channel may be established based on Figure June 7 and 9, 1996 only operational changes will be the Description of amendment request: 3.3.2-1, if: institution of appropriate thermal restrictions a. The actual ambient temperature readings The proposed amendment would revise on reactor core operation in accordance with for all operable channels in the Lead the technical specification Limited the SLMCPR changes. Therefore, this Enclosure Area are equal to or greater than Safety System Setting for the MINIMUM proposed change will not create the the ambient temperature used as the basis for CRITICAL POWER RATIO (MCPR) for possibility of a new or different kind of the setpoint, and dual recirculation loop operation and accident from any previously evaluated. b. The absence of steam leaks in the Main 3. Does the proposed change create a Steam Line Tunnel Lead Enclosure Area is for single recirculation loop operation. significant reduction in the margin of safety? Basis for proposed no significant verified by visual inspection prior to This change will establish in the CNS increasing a channel setpoint, and hazards consideration determination: Technical Specifications, SLMCPR values As required by 10 CFR 50.91(a), the c. A surveillance is implemented in that ensure the margin of safety to the NRC accordance with Note (d) of Table 4.3.2.1-1. licensee has provided its analysis of the approved Anticipated Operational Similarly, TS Surveillance Table issue of no significant hazards Occurrence evaluation acceptance criteria 4.3.2.1-1 would be supplemented at consideration, which is presented will be met. Increasing the SLMCPR institutes more restrictive thermal limitations item 1.d.3 (High Temperature Main below: Steam Line Tunnel Lead Enclosure) 1. Does the proposed license amendment on core operation. The change of the involve a significant increase in the SLMCPR from 1.06 to 1.07 for dual with a new footnote stating: (d) In addition to the normal shift channel probability or consequences of an accident recirculation loop operation, and from 1.07 to check, if a channel setpoint has been previously evaluated? 1.08 for single loop operation will ensure that established using Figure 3.3.2-1, then once The purpose of the Safety Limit Minimum the acceptance criteria for evaluated per shift, the actual ambient temperature Critical Power Ratio (SLMCPR) is to provide transients will continue to be met, and that reading for all operable channels in the Lead statistical confidence that less than 0.1% of the appropriate limit is reflected in the CNS Enclosure Area shall be verified to be equal the fuel rods in a core would experience Technical Specifications. Therefore, this to or greater than the ambient temperature transition boiling during the most limiting proposed change does not create a reduction used as the basis for the setpoint. analyzed Anticipated Operational in the margin of safety. Occurrence (transient). While transition The NRC staff has reviewed the Basis for proposed no significant boiling in a BWR does not in and of itself licensee’s analysis and, based on this hazards consideration determination: signal the onset of fuel cladding failure, this review, it appears that the three The main steam tunnel high criterion has been selected as a conservative standards of 10 CFR 50.92(c) are temperature isolation actuation and convenient parameter for the evaluation satisfied. Therefore, the NRC staff instrumentation is part of the Leak of fuel designs. Therefore, while this safety proposes to determine that the Detection System (LDS). It is used to limit does not provide any control over either amendment request involves no detect leakage early at 25 gallons per the probability or consequences of any significant hazards consideration. minute (gpm) and initiate signals to accident previously evaluated, it does ensure automatically close the Main Steam that evaluated transients remain within NRC- Local Public Document Room approved criteria. Revision of the SLMCPR location: Auburn Memorial Library, Isolation Valves before a pipe break will establish in the CNS Technical 1810 Courthouse Avenue, Auburn, NE could occur. The existing temperature Specifications a valid limit, based on the 68305 setpoints for the tunnel lead enclosure NRC approved GESTAR II methodology Attorney for licensee: Mr. John R. are based upon transient analyses for using cycle-specific inputs. This change will McPhail, Nebraska Public Power steam leaks in the steam tunnel utilizing 34894 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices winter temperatures as an initial are not challenged in a manner not consideration, which is presented condition. The licensee finds that a previously evaluated so as to create the below: change is needed because actual possibility of a new or different kind of 1)The proposed TS [technical temperatures in the tunnel, especially accident from any previously evaluated. specification] changes do not involve a 3. The operation of NMP2 in accordance during the summer, are approaching the significant increase in the probability or with the proposed amendment will not consequences of an accident previously setpoints when steam leakage is not involve a significant reduction in a margin of evaluated. occurring. Under the present conditions, safety. The derivation of the revised GE13 a minor disturbance in the turbine The proposed change provides a range of SLMCPRs for incorporation into the TS, and building ventilation system could cause setpoints and allowable values for the Main its use to determine cycle-specific thermal an unwarranted isolation actuation at Steam Line Tunnel Lead Enclosure limits, have been performed using USNRC full power with resulting Main Steam temperatures. The calculation of the [U.S. Nuclear Regulatory Commission]- Isolation Valve closure and reactor allowable values and trip setpoints was approved methods within the existing fuel scram. performed using the same methodologies as licensing criteria as discussed in NEDE- 32198P, ‘‘GE13 Compliance With As required by 10 CFR 50.91(a), the previously employed. For an elevated ambient temperature in the Lead Enclosure Amendment 22 of NEDE-24011-P-A licensee has provided its analysis of the area, a setpoint established using the (GESTAR II),’’ and cannot increase the issue of no significant hazards proposed Figure 3.3.2-1 ensures that the probability or severity of an accident. consideration, which is presented Main Steam Isolation Valves receive an The basis of the SLMCPRs calculation is to below: isolation signal upon sensing a steam leak of ensure that greater than 99.9% of all fuel rods 1. The operation of NMP2 [Nine Mile Point 25 gpm, resulting in a main steam line in the core avoid boiling transition if the Unit 2] in accordance with the proposed isolation prior to a pipe break. Therefore, the limit is not violated. The new SLMCPRs amendment will not involve a significant proposed change provides the same level of preserve the existing margin to transition increase in the probability or consequences protection against a main steam line break as boiling and fuel damage in the event of a of an accident previously evaluated. the existing setpoint values. The proposed postulated accident. The fuel licensing The LDS instrumentation in the main setpoints will provide increased scram acceptance criteria for the SLMCPRs steam line tunnel isolates the Main Steam avoidance, and thereby reduce unnecessary calculation apply to the GE13 fuel in the Isolation Valves upon sensing a steam leak of challenges to the plant shutdown systems. same manner that they have applied to 25 gpm. For an elevated ambient temperature Accordingly, the proposed change does not previous fuel designs. The probability of fuel in the Lead Enclosure area, a setpoint result in a significant reduction in a margin damage is not increased. Therefore, the established using the proposed Figure 3.3.2- of safety. proposed TS changes do not involve an 1 ensures that the Main Steam Isolation increase in the probability or consequences The NRC staff has reviewed the of an accident previously evaluated. Valves continue to receive an isolation signal licensee’s analysis and, based on this upon sensing a steam leak of 25 gpm. 2) The proposed TS changes do not create Verifying the absence of any steam leak in review, it appears that the three the possibility of a new or different kind of the area prior to raising any temperature standards of 50.92(c) are satisfied. accident from any accident previously instrument setpoint ensures that the ability to Therefore, the NRC staff proposes to evaluated. sense a 25 gpm leak is not compromised by determine that the amendment request The SLMCPR for the GE13 fuel design is an increased ambient temperature resulting involves no significant hazards a Technical Specification numerical value, designed to ensure that transition boiling from a smaller steam leak. The periodic consideration. surveillance to verify the actual ambient does not occur in 99.9% of all fuel rods in Local Public Document Room the core during the limiting postulated temperature ensures the continued validity of location: Reference and Documents accident. It cannot create the possibility of the ambient temperature used for the setpoint any new type of accident. The new SLMCPRs basis, and provides sufficient advance Department, Penfield Library, State are calculated using USNRC-approved indication to take appropriate compensatory University of New York, Oswego, New York 13126 methods and have the same calculational action. Accordingly, this change will not basis as the SLMCPR for other GE fuel involve a significant increase in the Attorney for licensee: Mark J. designs previously used at PBAPS, Units 2 consequences of any accident previously Wetterhahn, Esquire, Winston & Strawn, and 3. Therefore, the proposed TS changes evaluated. 1400 L Street, NW., Washington, DC do not create the possibility of a new or Furthermore, the LDS function provides a 20005-3502 different kind of accident, from any accident mitigation action for a postulated main steam NRC Project Director: Jocelyn A. previously evaluated. line pipe leak which could lead to a pipe Mitchell, Acting Director 3) The proposed TS changes do not involve break. This function does not affect any a significant reduction in a margin of safety. accident precursors, and the proposed PECO Energy Company, Public Service The margin of safety as defined in the TS change does not affect the function of the Electric and Gas Company, Delmarva Bases will remain the same. The new LDS system. Accordingly, this change will Power and Light Company, and SLMCPRs are calculated using USNRC- not involve a significant increase in the Atlantic City Electric Company, approved methods which are in accordance probability of any accident previously with the current fuel licensing criteria. The evaluated. Dockets Nos. 50-277 and 50-278, Peach SLMCPRs for the GE13 fuel remain high 2. The operation of NMP2 in accordance Bottom Atomic Power Station, Units enough to ensure that greater than 99.9% of with the proposed amendment will not create Nos. 2 and 3, York County, all fuel rods in the core will avoid boiling the possibility of a new or different kind of Pennsylvania transition if the limit is not violated, thereby accident from any previously evaluated. preserving the fuel cladding integrity. The qualification of safety-related Date of application for amendments: Therefore, the proposed TS changes do not equipment in the main steam lead enclosure March 25, 1996 involve a reduction in a margin of safety. is evaluated using actual temperatures and Description of amendment request: The NRC staff has reviewed the component qualified life is adjusted These amendments revise the safety licensee’s analysis and, based on this accordingly. The temperature elements are limit minimum critcal power ratios review, it appears that the three the only safety-related equipment affected by (SLMCPRs) to support use of GE-13 fuel standards of 10 CFR 50.92(c) are this change, therefore, the instrumentation at Peach Bottom Atomic Power Station. response to previously evaluated accidents satisfied. Therefore, the NRC staff will not be adversely affected. This change Basis for proposed no significant proposes to determine that the will not affect the performance of safety hazards consideration determination: amendment request involves no related structures. Accordingly, the design As required by 10 CFR 50.91(a), the significant hazards consideration. capabilities of those structures, systems and licensee has provided its analysis of the Local Public Document Room components affected by the proposed change issue of no significant hazards location: Government Publications Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34895

Section, State Library of Pennsylvania, Because there is no direct pressure Local Public Document Room (REGIONAL DEPOSITORY) Education boundary interface or process control location: Government Publications Building, Walnut Street and function associated with the APRM system or Section, State Library of Pennsylvania, Commonwealth Avenue, Box 1601, its interfacing electronics, the possibility of a (REGIONAL DEPOSITORY) Education new or different type of accident than any Harrisburg, Pennsylvania 17105 previously evaluated will not be created. Building, Walnut Street and Attorney for licensee: J. W. Durham, Although the flow bias instrument loop does Commonwealth Avenue, Box 1601, Sr., Esquire, Sr. V. P. and General employ flow transmitters to measure Harrisburg, PA 17105 Counsel, PECO Energy Company, 2301 recirculation drive flow, delaying entry into Attorney for licensee: J. W. Durham, Market Street, Philadelphia, Conditions and Required Actions associated Sr., Esquire, Sr. V. P. and General Pennsylvania 19101 with SR 3.3.1.1.12 will have no impact on Counsel, PECO Energy Company, 2301 NRC Project Director: John F. Stolz their pressure boundary function. Also, Market Street, Philadelphia, PA 19101 failure of the sensing line associated with NRC Project Director: John F. Stolz PECO Energy Company, Public Service these transmitters has already been Electric and Gas Company, Delmarva accounted for in the initial plant design by Power Authority of the State of New Power and Light Company, and including excess flow check valves for York, Docket No. 50-333, James A. Atlantic City Electric Company, Docket sensing line break isolation. FitzPatrick Nuclear Power Plant, No. 50-277, Peach Bottom Atomic The proposed change does not introduce a Oswego County, New York new mode of plant operation and does not Date of amendment request: May 16, Power Station, Unit No. 2, York County, involve the installation of any new Pennsylvania equipment or modifications to the plant. 1996 Therefore, it does not create the possibility of Description of amendment request: Date of application for amendment: The proposed amendment to the James June 13, 1996 a new or different kind of accident from any accident previously evaluated. A. FitzPatrick Technical Specifications Description of amendment request: iii)The proposed change does not involve (TSs) proposes to delete the requirement The proposed amendment to the a significant reduction in a margin of safety. for the Plant Operating Review Technical Specifications (TS) will The APRM flow biased high scram Committee (PORC) to review the fire permit a one time performance of function is not specifically credited in the protection program and implementing Surveillance Requirement 3.3.1.1.12, for safety analysis. However, it is intended to procedures. This proposal will reduce the Average Power Range Monitor Flow provide an additional margin of protection the administrative burden on the Biased High Scram function, with a from transient induced fuel damage during operation where recirculation flow is committee while making PORC’s delayed entry into its associated TS responsibilities more consistent with Conditions and Required Actions for up reduced to below the minimum required for rated power operation. the other responsibilities described in to 6 hours provided core flow is The margin of safety associated with this Section 6.1.5.6 of the TS. maintained at or above 82 percent. This change refers to the margin inherent in the Basis for proposed no significant change would be in effect until the end accident analyses that takes credit for the hazards consideration determination: of refueling outage 2R11, currently clamped high flux scram only (i.e., margin As required by 10 CFR 50.91(a), the scheduled for early October 1996. between scramming at 120% peak flux and licensee has provided its analysis of the Basis for proposed no significant the peak flux necessary for fuel damage). The issue of no significant hazards hazards consideration determination: current reactor operating state (end of cycle consideration, which is presented As required by 10 CFR 50.91(a), the coast down extended core flow) dictates that only the 120% flux trip be enforced. This trip below: licensee has provided its analysis of the Operation of the FitzPatrick plant in remains functional during the APRM flow accordance with the proposed amendment issue of no significant hazards biased high scram calibration. would not involve a significant hazards consideration, which is presented Currently, the Conditions and Required below: consideration as defined in 10 CFR 50.92, Actions associated with SR 3.3.1.1.12 permit since it would not: i) The proposed change does not involve a a one hour delay prior to entry because it significant increase in the probability or 1. Involve a significant increase in the minimizes risk while allowing time for probability or consequences of an accident consequences of an accident previously restoration or tripping of channels by evaluated. previously evaluated. operations personnel. Because the APRM The proposed changes delete the Plant The APRM system provides monitoring flow biased function is not enforced during Operating Review Committee (PORC) review and accident mitigation functions to limit end of cycle, coast down, extended core flow of the fire protection program and peak flux in the core during startup and run conditions, extending entry in associated implementing procedures, and deleted fire modes. This proposed TS change for delaying Conditions and Required Actions from one to protection inspection and audit requirements entry into Conditions and Required Actions six hours has no impact on the margin that are redundant to those performed under associated with SR 3.3.1.1.12 for the APRM associated with the clamped high flux scram. the cognizance of the Safety Review flow bias function will have no impact on the In the event core flow drops below 82%, the Committee (SRC). The changes do not APRM system or any system that interfaces flow point below which APRM setpoints introduce any new modes of plant operation, with it. No pressure boundary interfaces or automatically become flow biased, the make any physical changes, or alter any process control parameters will be associated Conditions and Required Actions operational setpoints. Therefore, the changes challenged. will be entered. do not degrade the performance of any safety This change does not affect the operation Therefore, extending entry into associated system assumed to function in the accident of any equipment. Delaying entry into Conditions and Required Actions associated analysis. Consequently, there is no effect on Conditions and Required Actions associated with SR 3.3.1.1.12, provided core flow the probability or consequences of an with SR 3.3.1.1.12 does not affect either the remains at or above 82%, from one to six accident. initiator of any accident previously evaluated hours does not reduce any margin of safety. 2. Create the possibility of a new or or any equipment required to mitigate the The NRC staff has reviewed the different kind of accident from those consequences of an accident, or the isotopic licensee’s analysis and, based on this previously evaluated. inventory in the fuel. Thus, the change does review, it appears that the three No physical changes to the plant or not increase either the probability or the standards of 10 CFR 50.92(c) are changes to equipment operating procedures consequences of accidents previously are proposed. The changes are administrative evaluated. satisfied. Therefore, the NRC staff and will not have any direct affect on ii) The proposed change does not create the proposes to determine that the equipment important to safety. Therefore the possibility of a new or different kind of amendment request involves no changes cannot create the possibility of a accident from any previously evaluated. significant hazards consideration. new or different kind of accident. 34896 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

3. Involve a significant reduction in the 2. Create the possibility of a new or transient for RPV pressurization) remains margin of safety. different kind of accident from any accident within acceptable limits with the revised Adequacy of the fire protection program previously evaluated because: setpoint. Therefore changing the setpoint will and implementing procedures is assured by The SLMCPR establishes a performance not lead to a new type of accident. the fire protection license condition, the limit for the fuel. Therefore changing the 3. Involve a significant reduction in a procedure review and approval process limit will not initiate any accident. margin of safety because: implemented by Amendment 222, the 3. Involve a significant margin of safety The analyses performed to determine the provisions of 10 CFR 50.59, and inspections because: revised ATWS Recirculation Pump Trip and audits performed under the cognizance The analyses performed to determine the Reactor Pressure - High setpoint assure of the SRC. Consequently, deleting PORC’s revised SLMCPR assure maintenance of the maintenance of the same margin of safety as responsibility for review of the fire protection same margin of safety as presently exists for presently exists for limiting RPV pressure program and implementing procedures, and the prevention of onset of transition boiling. following an ATWS with MSIV closure deleting the inspection and audit The NRC staff has reviewed the (limiting transient). requirements contained in Specification licensee’s analysis and, based on this The NRC staff has reviewed the 6.14.A and 6.14.B will not degrade the fire review, it appears that the three licensee’s analysis and, based on this protection program. Therefore, the proposed standards of 50.92(c) are satisfied. review, it appears that the three changes do not involve a significant Therefore, the NRC staff proposes to standards of 50.92(c) are satisfied. reduction in the margin of safety. Therefore, the NRC staff proposes to The NRC staff has reviewed the determine that the amendment request involves no significant hazards determine that the amendment request licensee’s analysis and, based on this involves no significant hazards review, it appears that the three consideration. Local Public Document Room consideration. standards of 50.92(c) are satisfied. Local Public Document Room Therefore, the NRC staff proposes to location: Reference and Documents Department, Penfield Library, State location: Reference and Documents determine that the amendment request Department, Penfield Library, State involves no significant hazards University of New York, Oswego, New York 13126 University of New York, Oswego, New consideration. York 13126 Local Public Document Room Attorney for licensee: Mr. Charles M. Pratt, 1633 Broadway, New York, New Attorney for licensee: Mr. Charles M. location: Reference and Documents Pratt, 1633 Broadway, New York, New Department, Penfield Library, State York 10019 NRC Project Director: Jocelyn A. York 10019 University of New York, Oswego, New Mitchell, Acting Director NRC Project Director: Jocelyn A. York 13126 Mitchell, Acting Director Attorney for licensee: Mr. Charles M. Power Authority of the State of New Pratt, 1633 Broadway, New York, New York, Docket No. 50-333, James A. Power Authority of the State of New York 10019 FitzPatrick Nuclear Power Plant, York, Docket No. 50-333, James A. NRC Project Director: Jocelyn A. Oswego County, New York FitzPatrick Nuclear Power Plant, Mitchell, Acting Director Oswego County, New York Date of amendment request: May 30, Power Authority of the State of New 1996 Date of amendment request: May 30, York, Docket No. 50-333, James A. Description of amendment request: 1996 FitzPatrick Nuclear Power Plant, The proposed amendment would revise Description of amendment request: Oswego County, New York Anticipated Transient Without Scram The proposed amendment would (ATWS) Recirculation Pump Trip eliminate selected response time testing Date of amendment request: May 30, requirements. The affected Technical 1996 Reactor Pressure - High setpoint when either zero or one Safety Relief Valves Specifications (TS) are TS 4.1.A, Description of amendment request: ‘‘Surveillance Requirements, Reactor The proposed amendment would revise are out-of service. Basis for proposed no significant Protection System,’’ and TS 4.2.A, Minimum Critical Power Ratio Safety ‘‘Surveillance Requirements, Limit and associated basis. The changes hazards consideration determination: As required by 10 CFR 50.91(a), the Instrumentation, Primary Containment are required to support introduction of Isolation Functions.’’ General Electric Company supplied, licensee has provided its analysis of the issue of no significant hazards Basis for proposed no significant GE12, 10x10 fuel into the Cycle 13 hazards consideration determination: reactor core. consideration, which is presented below: As required by 10 CFR 50.91(a), the Basis for proposed no significant licensee has provided its analysis of the hazards consideration determination: Operation of the FitzPatrick plant in accordance with the proposed Amendment issue of no significant hazards As required by 10 CFR 50.91(a), the would not involve a significant hazards consideration, which is presented licensee has provided its analysis of the consideration as defined in 10 CFR 50.92, below: issue of no significant hazards since it would not: Operation of the FitzPatrick plant in consideration, which is presented 1. Involve a significant increase in the accordance with the proposed Amendment below: probability or consequences of an accident would not involve a significant hazards Operation of the FitzPatrick plant in previously evaluated because: consideration as defined in 10 CFR 50.92, accordance with the proposed Amendment A change in the ATWS Recirculation Pump since it would not: would not involve a significant hazards Trip Reactor Pressure - High setpoint does 1. Involve a significant increase in the consideration as defined in 10 CFR 50.92, not affect initiation of any accident. probability or consequences of an accident since it would not: Operation in accordance with the revised previously evaluated because: 1. Involve a significant increase in the setpoints ensures the consequences of The purpose of the proposed TS change is probability or consequences of an accident previously analyzed accidents are not to eliminate response time testing previously evaluated because: changed. requirements for selected sensors in the RPS A change in the SLMCPR [Safety Limit 2. Create the possibility of a new or [reactor protection system] and Primary Minimum Critical Power Ratio] does not different kind of accident from any accident Containment Isolation System. The BWROG affect initiation of any accident. Operation in previously evaluated because: [Boiling Water Reactor Owners Group] has accordance with the revised SLMCPR RPV [reactor pressure vessel] pressure completed an evaluation which demonstrates ensures the consequences of previously following an ATWS with MSIV [main steam that response time testing is redundant to the analyzed accidents are not changed. isolation valve] closure event (worst case other TS required testing. These other tests Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34897 in conjunction with actions taken in response changes should increase the margin the storage tanks, or to the fuel oil transfer to NRC Bulletin 90-01, ‘‘Loss of Fill-Oil in safety. system and since EDG fuel oil supply is Transmitters The NRC staff has reviewed the associated with mitigating the consequences Manufactured by Rosemount,’’ and licensee’s analysis and, based on this of an accident, there is no change in the Supplement 1 to Bulletin 90-01, are sufficient review, it appears that the three probability of any accident analyzed in the to identify failure modes or degradation in standards of 50.92(c) are satisfied. [Updated Final Safety Analysis Report] instrument response time and ensure UFSAR. operation of the associated systems within Therefore, the NRC staff proposes to Since the proposed change still ensures the acceptable limits. Furthermore, failure modes determine that the amendment request minimum fuel oil storage capacity meets the detected by response time testing are involves no significant hazards existing licensing basis and since off-site detectable by other TS required testing. This consideration. replacement oil is expected to be available evaluation was documented in Reference 1 Local Public Document Room within 60 hours there is no change in the [See application dated May 30, 1996]. NYPA location: Reference and Documents consequences of an accident previously [New York Power Authority] has confirmed Department, Penfield Library, State evaluated. the applicability of this evaluation to the University of New York, Oswego, New TRANSFER PUMP ACTION STATEMENT FitzPatrick Plant. In addition, NYPA will Since no change is being made to the complete the actions identified in the NRC York 13126 EDGs, to the fuel oil storage tanks or to the staff’s safety evaluation of NEDO-32291-A. Attorney for licensee: Mr. Charles M. fuel oil transfer system, and since EDG fuel Because of the continued application of Pratt, 1633 Broadway, New York, New oil supply is associated with mitigating the other existing TS required tests such as York 10019 consequences of an accident, there is no channel calibrations, channel checks, NRC Project Director: Jocelyn A. change in the probability of any accident channel functional tests, and logic system Mitchell, Acting Director analyzed in the UFSAR. functional tests, the response time of these The proposed change provides systems will be maintained within the Public Service Electric & Gas Company, compensatory action in the event a single acceptance limits assumed in plant safety Docket No. 50-354, Hope Creek fuel oil transfer pump is inoperable without analyses and required for successful Generating Station, Salem County, New having to immediately declare the EDG mitigation of an initiating event. The Jersey inoperable. The change ensures the affected proposed changes do not affect the capability EDG remains fully capable of functioning as of the associated systems to perform their Date of amendment request: March 6, assumed in the safety analyses, therefore, intended function within their required 1996, as supplemented by letter dated there is no significant impact on the response time, nor do the proposed changes May 30, 1996 consequences of an accident previously themselves affect the operation of any Description of amendment request: evaluated. equipment. Therefore, the proposed change The proposed change to Hope Creek Therefore, the proposed changes will not does not involve a significant increase in the Technical Specification (TS) 3.8.1, involve a significant increase in the probability or consequences of an accident ‘‘A.C. Sources - Operating’’, would probability or consequences of an accident previously evaluated. decrease the minimum fuel oil storage previously evaluated. 2. Create the possibility of a new or capacity of the Emergency Diesel 2. Will not create the possibility of a new different kind of accident from those or different kind of accident from any previously evaluated because: Generator Fuel Oil Storage Tanks, from previously evaluated. The proposed changes do not affect the 48,800 to 44,800 gallons. In addition, TANK LEVEL AND TRANSFER PUMP ability of the systems to perform their footnote ** is deleted from TS ACTION STATEMENT intended function within the acceptance 3.8.1.1.b.2. The proposed change would The proposed changes will result in a limits assumed in plant safety analyses and also add an Action Statement to address setpoint change to the low level alarm. No required for successful mitigation of an remedial action when a fuel oil transfer other physical changes to the EDGs, to the initiating event. No new failure modes are pump becomes inoperable. fuel oil storage tanks, or to the fuel oil introduced by the changes. Therefore, the Basis for proposed no significant transfer system will result from the proposed proposed changes do not create the hazards consideration determination: changes. Operation including the proposed possibility of a new or different kind of changes will not impair the diesel generators accident from any accident previously As required by 10 CFR 50.91(a), the from performing as provided in the design evaluated. licensee has provided its analysis of the basis. In addition, EDG fuel oil supply is 3. Involve a significant reduction in the issue of no significant hazards associated with mitigating accident margin of safety. consideration, which is presented consequences, not accident prevention. The current TS required response time test below: Therefore, the proposed change will not limits are based on the maximum allowable 1. Will not involve a significant increase in create the possibility of a new or different values assumed in the plant safety analyses. the probability or consequences of an kind of accident from any previously These analyses conservatively establish the accident previously evaluated. evaluated. margin of safety. As described above, the TANK LEVEL 3. Will not involve significant reduction in proposed changes do not affect the capability Amendment 59 provides an allowance for a margin of safety. of the associated systems to perform their transferring fuel oil from a pair of storage TANK LEVEL intended function within the allowed tanks associated with an inoperable The margin of safety is provided by the on- response time used as the basis for the plant [Emergency Diesel Generator] EDG to another site storage of an adequate supply of diesel safety analysis. Plant and system response to pair of storage tanks in order to demonstrate fuel oil to ensure uninterrupted EDG an initiating event will remain in compliance compliance with PSE&G’s commitment to operation for seven days. Although the within the assumptions of the safety Regulatory Guide 1.137. The proposed proposed change may result in a reduction of analyses, and therefore the margin of safety change is consistent with that transfer stored fuel oil, the new minimum continues is not affected. strategy and extends this allowance to to provide for an on-site seven day supply of Further, although not explicitly evaluated, include using fuel oil in operable EDG diesel fuel oil. the proposed changes will provide an storage tanks in order to reduce the amount TRANSFER PUMP ACTION STATEMENT improvement to plant safety and operation by of stored fuel oil. Transfer from operable EDG The margin of safety is provided by the reducing the time safety systems are storage tanks is, actually, less complex than ability of the fuel oil transfer pumps to unavailable, reducing safety systems transferring from an inoperable EDG storage supply an adequate flow of the stored fuel to actuations, reducing plant shutdown risk, tank since power to the transfer pumps each EDG day tank. The proposed change limiting radiation exposure to plant would be available. continues to provide 100% capacity to the personnel, and eliminating the diversion of The low level alarm setpoint is the only EDG day tank for a minimum of three days key personnel to conduct unnecessary physical change to be made. No change is with no operator action. With the proposed testing. Therefore, the overall effect of the being made to the EDGs, to the fuel oil action, adequate transfer capability is 34898 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices provided for a minimum of seven days fuel the MRP have been evaluated/ analyzed and The NRC staff has reviewed the oil supply at which time refilling of the tanks all design standards and applicable safety licensee’s analysis and, based on this would provide an indefinite supply. With criteria are met. The consideration of these review, it appears that the three both transfer pumps on a single EDG changes does not result in a situation where standards of 10 CFR 50.92(c) are inoperable, the remaining three EDGs would the design, material, or construction provide adequate power for safe shutdown. standards that were applicable prior to the satisfied. Therefore, the NRC staff Transfer of fuel oil from the storage tanks change have been altered. Therefore, the proposes to determine that the with inoperable transfer pumps can still be changes occurring with the MRP will not amendment request involves no effected using temporary hoses. result in any additional challenges to plant significant hazards consideration. Since the proposed changes do not involve equipment that could increase the probability Local Public Document Room the addition of plant equipment, are of any previously evaluated accident. location: Salem Free Public library, 112 consistent with the intent of the existing The changes associated with the MRP do West Broadway, Salem, New Jersey Technical Specifications, are consistent with not affect plant systems such that their 08079 allowances for fuel oil transfers approved in function in the control of radiological Attorney for licensee: Mark J. Amendment 59, meets the intent of consequences is adversely affected. The Wetterhahn, Esquire, Winston and Regulatory Guide 1.137, and are consistent safety evaluation documents that the design with the design basis of the diesel generators standards and applicable safety criteria limits Strawn, 1400 L Street, NW, Washington, and the accident analysis, no action proposed continue to be met and therefore fission DC 20005-3502 by this request will occur that will involve barrier integrity is not challenged. The MRP NRC Project Director: John F. Stolz a significant reduction in a margin of safety. changes have been shown not to adversely The NRC staff has reviewed the South Carolina Electric & Gas Company affect the response of the plant to postulated (SCE&G), South Carolina Public Service licensee’s analysis and, based on this accident scenarios. In all cases, the Authority, Docket No. 50-395, Virgil C. review, it appears that the three calculated doses are within the regulatory standards of 10 CFR 50.92(c) are criteria and therefore do not constitute an Summer Nuclear Station, Unit No. 1, Fairfield County, South Carolina satisfied. Therefore, the NRC staff increase in consequences. These changes proposes to determine that the will, therefore, not affect the mitigation of the Date of amendment request: April 16, amendment request involves no radiological consequences of any accident 1996 described in the Updated Final Safety significant hazards consideration. Description of amendment request: Analysis Report (UFSAR). The proposed amendment would revise Local Public Document Room Based on the above, it is concluded that the location: Pennsville Public Library, 190 probability or consequences of an accident the Virgil C. Summer Nuclear Station, S. Broadway, Pennsville, New Jersey previously evaluated is not significantly Unit 1 (VCSNS), Technical 08070 increased by the proposed changes. Specifications (TS) to implement the Attorney for licensee: M. J. 2. The proposed change does not create the amended regulation to 10 CFR Part 50, Wetterhahn, Esquire, Winston and possibility of a new or different kind of Appendix J, Option B (new rule), to Strawn, 1400 L Street, NW., accident from any accident previously provide a performance-based option for Washington, DC 20005-3502 evaluated. leakage-rate testing of containment. The NRC Project Director: John F. Stolz The possibility for a new or difference[t] proposed amendment will revise the type of accident from any accident VCSNS TS 3/4.6 ‘‘Containment Public Service Electric & Gas Company, previously evaluated is not created since the Systems,’’ TS Bases 3/4.6, and TS 6.8 Docket Nos. 50-272 and 50-311, Salem changes associated with the MRP do not ‘‘Administrative Controls - Programs Nuclear Generating Station, Unit Nos. 1 result in a change to the design basis of any and Procedures,’’ to adopt the and 2, Salem County, New Jersey plant component or system. The evaluation of the effects of the MRP changes shows that implementation requirements of 10 CFR Date of amendment request: May 10, all design standards and applicable safety Part 50, Appendix J, Option B. The 1996 criteria limits are met. These changes proposed amendment utilizes the Description of amendment request: therefore do not cause the initiation of a new guidelines (guidelines) provided in The proposed amendments would accident nor create any new failure ‘‘Option B’’ of Regulatory Guide (RG) change Technical Specification mechanisms. Component integrity is not 1.163 ‘‘Performance-Based Containment Sections, 1.0, 2.0, 3/4 1.0, 3/4 2.0, 5.0 challenged. The changes do not result in any event previously deemed incredible being Leak-Test Program, September 1995,’’ and 6.0. These changes support the and NEI 94-01, ‘‘Industry Guideline for Margin Recovery Program (MRP) and made credible. The MRP changes will not result in more adverse conditions and will Implementing Performance-Based support increased steam generator tube not result in any increase in the challenges Option of 10 CFR 50, Appendix J, July plugging, improved fuel reliability, to safety systems. 26, 1995.’’ The licensee has stated that reduced fuel costs, longer fuel cycles, Therefore, the consideration of the MRP as the proposed amendment is within reduced spent fuel storage, and described in the safety evaluation does not these prescribed guidelines and does enhanced reactor safety. These changes create the possibility of a new or different not propose any deviations to the incorporate the results of the revised type of accident from any accident established methods which would previously evaluated. safety analyses (margin recovery) and impact already approved analyses/ the establishment of a Core Operating 3. The proposed change does not involve a significant reduction in a margin of safety. justifications and established review Limits Report. process. Basis for proposed no significant The margin of safety is maintained by assuring compliance with acceptance limits The proposed change will remove the hazards consideration determination: reviewed and approved by the NRC. Since all prescriptive TS requirements for the As required by 10 CFR 50.91(a), the of the appropriate acceptance criteria for the performance of containment leakage licensee has provided its analysis of the various analyses and evaluations have been testing and allow leakage testing to be issue of no significant hazards met, by definition there has not been a conducted as determined appropriate consideration, which is presented reduction in any margin of safety. through the performance-based or risk- below: Therefore, the margin of safety as defined based alternatives described in the in the Bases to the Salem Unit 1 and 2 1. The proposed change does not involve VCSNS Containment Leakage Rate a significant increase in the probability or Technical Specifications has not been consequences of an accident previously significantly reduced. Testing Program developed in evaluated. Based on the above, PSE&G has determined accordance with RG 1.163 and NEI 94- The accidents potentially affected by the that the proposed changes do not involve a 01. Since the requirements of Appendix parameters and assumptions associated with significant hazards consideration. J to 10 CFR Part 50 will continue to Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34899 apply, the type of testing will not offsite doses to allowable values. No accident 1. Operation of the Farley Nuclear Plant change. The proposed request does not or malfunction can be the result of the Unit 2 steam generators in accordance with modify any plant equipment or systems. allowed changes to test schedule or the proposed license amendment does not The requirements of Appendix J will frequency. involve a significant increase in the Since the proposed request will not probability or consequences of an accident continue to govern the type of test, directly impact equipment, procedures or previously evaluated. testing methodology, and acceptance operations, the changes will not create the The supporting technical evaluations of the criteria for Type A, B, and C testing. The possibility of any new or different kind of subject criteria demonstrate that the presence performance-based testing of Option B accident from any previously evaluated. of the tubesheet enhances the tube integrity eliminates or modifies prescriptive 3. The margin of safety has not been in the region of the hardroll by precluding regulatory requirements for which the significantly reduced. tube deformation beyond its initial expanded burden is marginal to safety for which The reason for performing containment outside diameter. The resistance to both tube the reviews and analyses have been leakage rate testing is to assure that the rupture and tube collapse is strengthened by presented in NUREG-1493, leakage paths are identified, and that any the presence of the tubesheet in that region. accident release will be restricted to those The result of the hardroll of the tube into the ‘‘Performance-Based Containment Leak- paths assumed in the safety analysis. The tubesheet is an interference fit between the Test Program, Final Report, September purpose for the schedule is to assure that tube and the tubesheet. Tube rupture 1995.’’ containment integrity is verified on a [cannot] occur because the contact between Earlier leakage testing performed at periodic basis. the tube and tubesheet does not permit VCSNS has demonstrated low overall Implementation of Option B to provide sufficient movement of tube material. In a containment leakage and supports the flexibility in the scheduled requirements similar manner, the tubesheet does not implementation of Option B. does not mean that containment integrity permit sufficient movement of tube material Basis for proposed no significant will be compromised. The historical leakage to permit buckling collapse of the tube hazards consideration determination: rate test results for VCSNS and for the during postulated LOCA [loss-of-coolant nuclear industry support extension of testing accident] loadings. As required by 10 CFR 50.91(a), the frequencies and demonstrate that structural The type of degradation for which the L* licensee has provided its analysis of the integrity has been maintained. criterion has been developed (cracking with issue of no significant hazards Therefore, the margin of safety has not an axial or near axial orientation) has been consideration, which is presented been significantly reduced. found not to significantly reduce the axial below: The NRC staff has reviewed the strength of a tube. An evaluation including 1. The probability or consequences of an licensee’s analysis and, based on this analysis and testing has been done to accident previously evaluated is not review, it appears that the three determine the strength reduction for axial significantly increased. standards of 10 CFR 50.92(c) are loads with simulated axial and near axial There is no increase in the probability of satisfied. Therefore, the NRC staff cracks. This evaluation provides the basis for an accident since there is no work that would the acceptance criteria for tube degradation affect containment integrity. The testing of proposes to determine that the subject to the L* criterion. containment isolation valves (CIVs) and other amendment request involves no The SRE [sound roll expansion] L* length containment penetration sealing devices is significant hazards consideration. is sufficient to preclude significant leakage not postulated as an accident precursor or Local Public Document Room from tube degradation located below the L* initiating event. location: Fairfield County Library, 300 length. The existing Technical Specification Type A testing is capable of determining Washington Street, Winnsboro, SC leak rate requirements and accident analysis the total leakage from both local leakage 29180 assumptions remain unchanged in the paths and gross containment leakage paths. Attorney for licensee: Randolph R. unlikely event that significant leakage from Our Type B and C testing has consistently Mahan, South Carolina Electric & Gas this region does occur. Any leakage from the provided accurate leakage rates for valves Company, Post Office Box 764, tube within the tubesheet at any elevation in and penetrations. Columbia, SC 29218 the tubesheet is fully bounded by the existing Administrative controls govern NRC Project Director: Eugene V. steam generator tube rupture analysis maintenance and testing such that there is included in the Farley Nuclear Plant Final very low probability that unacceptable Imbro Safety Analysis Report. A conservative maintenance or alignments can occur. Prior Southern Nuclear Operating Company, leakage allowance for each L* tube is to and following maintenance on CIVs and Inc., Docket No. 50-364, Joseph M. provided to determine the impact of L* penetrations, a local leak rate test (LLRT) is Farley Nuclear Plant, Unit 2, Houston criterion upon offsite doses in the event of a required to be performed. As a result, Type postulated double ended guillotine break of A testing is not required to accurately County, Alabama the main steam line outside of containment, quantify the leakage through containment Date of amendment request: April 22, but upstream of the main steam line isolation penetrations. 1996 valves. Since Farley Unit 2 has implemented Any specific exemptions to the Description of amendment request: the Interim Plugging Criteria (IPC) for ODSCC requirements of Appendix J will require The amendment would revise the at the tube support plates, projected steam approval by the NRC before implementation. Technical Specifications to implement line break (SLB) leakage at the end of the Therefore, this proposed change does not next successive operating cycle must be involve a significant increase in the the L* Tubesheet Region Plugging evaluated. Per Generic Letter 95-05, plants possibility or consequences of an accident Criterion, which would allow a steam implementing the IPC can utilize SLB leakage previously evaluated. generator tube to remain in service with limits higher than the originally assumed 1.0 2. The possibility of an accident or a bands of axial degradation in the gpm primary to secondary leakage value malfunction of a different type than any tubesheet region provided sufficient provided an analysis of offsite doses previously evaluated is not created. non-degraded tubing remains to satisfy consistent with the Standard Review Plan The proposed request does not involve any regulatory guidance concerning methodology is performed. This analysis physical changes to the plant, affect the structural and leakage integrity. performed for the Farley Unit 2 plant operation of the plant, or change testing Basis for proposed no significant indicates that primary to secondary leakage methods or acceptance criteria. The history hazards consideration determination: of 11.2 gpm in the faulted loop (0.1 gpm in of containment testing verifies that the intact loops) will result in offsite doses containment integrity has been maintained. As required by 10 CFR 50.91(a), the at the site boundary of less than 10% of the The frequency changes allowed by licensee has provided its analysis of the 10 CFR [Part] 100 guidelines. The total implementation of Option B will not issue of no significant hazards projected SLB leakage from all leakage significantly decrease the level of confidence consideration, which is presented sources must remain below this value. Per in the ability of the reactor building to limit below: attachment 4 addressing the L* methodology, 34900 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices the number of tube ends to which L* verification of the strength of the degraded consideration, which is presented criterion can be applied is limited to 600 per tube are consistent with the safety factors in below: steam generator. Using a bounding SLB the ASME [American Society of Mechanical 1. The proposed change does not involve leakage allowance per L* tube, the SLB Engineers] Boiler and Pressure Vessel Code a significant increase in the probability or leakage component from 600 L* tube ends used in steam generator design. The L* consequences of an accident previously will be less than 0.33 gpm in the faulted length has been verified by testing to be evaluated. loop. The proposed alternate plugging greater than the length of roll expansion The Callaway safety analysis assumes the criterion does not adversely impact any other required to preclude significant leakage MFC&BVs [main feedwater control and previously evaluated design basis accident. during normal and postulated accident bypass valves] close during certain events in As the current Unit 2 IPC SLB leakage has conditions. The leak testing acceptance order to terminate fluid inventory addition to been calculated to be less than 2 gpm in the criteria are based on the primary to faulted steam generators and thereby faulted loop, [an] SLB leakage margin of over secondary leakage limit in the Technical preclude the diversion of auxiliary feedwater 9 gpm is provided for this cycle. Specifications and the leakage assumptions to the main feedwater system. This feature is As noted above, tube rupture and pullout used in the FSAR accident analyses. The L* necessary because each feedwater line at is not expected for tubes using the L* distance provides for structural integrity Callaway is equipped with only one MFIV criterion. In addition to the L* length, a during all plant conditions. [main feedwater isolation valve]. It should be minimum length of SRE below the identified Implementation of the L* criterion will noted that the safety analysis simply requires degradation must be established. The decrease the number of tubes which must be the valves to close and does not prescribe a aggregate L* distance of SRE provides the taken out of service with tube plugs or mechanism for accomplishing that action. structural integrity to prevent tube pullout. repaired with sleeves. Both plugs and sleeves The following are accidents that credit Conservatively, it is assumed that the reduce the RCS [reactor coolant system] flow feedwater isolation or AFW [auxiliary degraded band length does not provide any margin, thus implementation of the L* feedwater] addition. There is no impact by support in resisting tube pullout. criterion will maintain the margin of flow the proposed modification on the Therefore SNC [Southern Nuclear that would otherwise be reduced in the event consequences of each accident. Operating Company, Inc.] concludes that of increased plugging or sleeving. •Feedwater System Malfunctions That Operation of the Farley Nuclear Plant Unit 2 Therefore, SNC, concludes based on the Result In An Increase In Feedwater Flow steam generators in accordance with the above, it is concluded that the proposed •Inadvertent Opening Of A Steam proposed license amendment does not change does not result in a significant Generator Relief or Safety Valve involve a significant increase in the reduction in a loss of margin with respect to •Steam System Piping Failure probability or consequences of an accident plant safety as defined in the Final Safety •Loss of Nonemergency AC Power to the previously evaluated. Analysis Report [FSAR] or the bases of the Station Auxiliaries 2. The proposed license amendment does FNP [Farley Nuclear Plant] technical •Loss of Normal Feedwater Flow not create the possibility of a new or different specifications. •Feedwater System Pipe Break kind of accident from any accident The NRC staff has reviewed the •Decrease in Reactor Coolant Inventory previously evaluated. licensee’s analysis and, based on this The modification will not change the Implementation of the proposed L* review, it appears that the three radiological consequences of FSAR [final criterion does not introduce any significant safety analysis report] Chapter 15 accidents changes to the plant design basis. Use of the standards of 10 CFR 50.92(c) are because the feedwater isolation function (and criterion does not provide a mechanism to satisfied. Therefore, the NRC staff NSSS [nuclear steam supply system] break result in an accident initiated outside of the proposes to determine that the response) has not changed. Therefore, there region of the tubesheet expansion. The amendment request involves no will be no increase in the consequences of an structural integrity of L* tubes will be significant hazards consideration. accident evaluated previously in the FSAR. maintained during all plant conditions. Any Local Public Document Room An analysis was performed to quantify the hypothetical accident as a result of any tube location: Houston-Love Memorial impact of the proposed modification on the degradation in the expanded portion of the Library, 212 W. Burdeshaw Street, Post probability of MFCV [main feedwater control tube would be bounded by the existing tube Office Box 1369, Dothan, Alabama valve] failure (closure) during normal plant rupture accident analysis. If it is postulated operation. Comparison of this failure that a circumferential separation of an L* 36302 probability for the existing design (1.20E-1 tube were to occur below the PLRL [pullout Attorney for licensee: M. Stanford per year) versus the proposed design (6.99E- load reaction length], tube structural and Blanton, Esq., Balch and Bingham, Post 2 per year) indicates that the percentage leakage integrity will be maintained during Office Box 306, 1710 Sixth Avenue reduction in the system failure probability at all plant conditions. Verification of the L* North, Birmingham, Alabama 35201 power is 41.75%. Thus, the proposed design distance of non-degraded tube roll expansion NRC Project Director: Herbert N. results in a reduction in the probability of prevents the postulated separated tube from Berkow inadvertent MFCV failures at power and lifting out of the tubesheet during all plant hence, a reduction in the probability of a conditions. Verification of the L* criterion Union Electric Company, Docket No. reactor trip and subsequent challenges to prevents tube displacement of any 50-483, Callaway Plant, Unit 1, other safety systems. magnitude, and therefore, postulated axial Callaway County, Missouri While this modification reduces the cracks existing a minimum of 0.5 inch from Date of application request: May 29, probability of a reactor trip, it slightly either the bottom of the roll transition or top increases the unavailability of the feedwater of tubesheet, whichever is lower, from 1996 isolation function. This is because the migrating out of the tubesheet. Description of amendment request: original design required actuation of only one Therefore, SNC concludes that the The application requests staff review FWIS [feedwater isolation system] train to proposed license amendment does not create and approval of a modification to the close the MFC&BVs, whereas the new design the possibility of a new or different kind of facility, as described in the safety requires actuation of both trains. The impact accident from any accident previously analysis report, that involves an of the modification on the probability of evaluated. unreviewed safety question. The incurring a feedwater isolation failure was 3. The proposed license amendment does modification will reduce the single therefore quantified, utilizing PRA not involve a significant reduction in a failure trip potential for the main [probabilistic risk assessment] techniques. margin of safety. feedwater control and bypass valves. Fault trees were developed for both the new The use of the L* criterion has been and existing designs. Failure probabilities for concluded to maintain the integrity of the Basis for proposed no significant each event were then obtained from the IPE tube bundle commensurate with the hazards consideration determination: [individual plant examination] and utilized requirements of draft Regulatory Guide 1.121 As required by 10 CFR 50.91(a), the to calculate failure probabilities for the under normal and postulated accident licensee has provided its analysis of the feedwater isolation safety function. This conditions. The safety factors used in the issue of no significant hazards calculation considered hardware failures Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34901 only, i.e., failure of an MFIV to close after Sections 15.1, ‘‘Definitions,’’ 15.3.6, documented in NUREG-1493, concludes that receiving an actuation signal. The failure ‘‘Containment System,’’ and 15.6, the impact on public health and safety due probability of feedwater isolation, based on ‘‘Administrative Controls,’’ to support to revised testing intervals is negligible. the proposed design, was determined to be Furthermore, the proposed change will not 6.1E-5 per demand (1 event every 16,400 the proposed changes to Section 15.4.4. reduce the availability of systems associated demands). The existing design was found to Basis for proposed no significant with containment integrity when they are have a failure probability of 2.8E-5 per hazards consideration determination: required to mitigate accident conditions. demand (1 event every 35,700 demands). As required by 10 CFR 50.91(a), the Therefore, the proposed change will not Therefore, this modification will not licensee has provided its analysis of the create a significant reduction in a margin of significantly increase the probability or issue of no significant hazards safety. consequences of an accident evaluated consideration which is presented below: The NRC staff has reviewed the previously in the FSAR. 1. Operation of this facility under the licensee’s analysis and, based on this 2. The proposed change does not create the proposed Technical Specifications will not review, it appears that the three possibility of a new or different kind of create a significant increase in the probability standards of 10 CFR 50.92(c) are accident from any accident previously or consequences of an accident previously satisfied. Therefore, the NRC staff evaluated. evaluated. proposes to determine that the The modification maintains the present de- The proposed change does not involve a energize-to-actuate configuration of the change to structures, systems, or components amendment request involves no MFC&BV trip solenoid valves. which would affect the probability or significant hazards consideration. Thus, the proposed modification does not consequences of an accident previously Local Public Document Room create the possibility of an accident of a evaluated in the PBNP [Point Beach Nuclear location: Joseph P. Mann Library, 1516 different type than any previously evaluated. Plant] Final Safety Analyses Report (FSAR). Sixteenth Street, Two Rivers, Wisconsin 3. The proposed change does not involve Furthermore, containment leakage rate 54241 a significant reduction in a margin of safety. testing is not an initiator of any accident. The Attorney for licensee: Gerald Charnoff, Credit is taken in the accident analyses for proposed change simply provides a Esq., Shaw, Pittman, Potts, and the MFIVs to close on demand for feedwater mechanism within the Technical isolation. Because of this, the MFIVs have Trowbridge, 2300 N Street, NW., Specifications for implementing a Washington, DC 20037 been incorporated into the Callaway performance-based method of determining Technical Specifications. Action Statements the frequency for leakage rate testing which NRC Project Director: Gail H. Marcus and surveillance requirements have been has been approved by the NRC. The proposed Wisconsin Public Service Corporation, developed to assure the availability of the change does not affect reactor operations or Docket No. 50-305, Kewaunee Nuclear valves when needed. accident analysis and has no significant Power Plant, Kewaunee County, The MFC&BVs are not addressed by any of radiological consequences. Therefore, this the Callaway Technical Specifications or change will not create a significant increase Wisconsin their bases. Therefore, this modification will in the probability or consequences of an Date of amendment request: June 4, not involve a significant reduction in the accident previously evaluated. 1996 margin of safety as defined in the basis for 2. Operation of this facility under the Description of amendment request: any technical specification. proposed Technical Specifications change The proposed amendment would revise The NRC staff has reviewed the will not create the possibility of a new or the Kewaunee Nuclear Power Plant licensee’s analysis and, based on this different kind of accident from any accident Technical Specifications (TS) by review, it appears that the three previously evaluated. reducing the surveillance test standards of 50.92(c) are satisfied. The proposed change does not involve a frequencies for the radiation monitoring Therefore, the NRC staff proposes to change to the plant design or operation. As system (Table TS 4.1-1) and the control determine that the amendment request a result, the proposed change does not affect rods (Table TS 4.1-3) in accordance with involves no significant hazards any of the parameters or conditions that contribute to initiation of any accidents. This the guidance of Generic Letter 93-05, consideration. change involves a potential reduction of Local Public Document Room ‘‘Line-Item Technical Specifications Type A, B, and C test frequency. Except for Improvements to Reduce Surveillance location: Callaway County Public the method of defining the test frequency, the Library, 710 Court Street, Fulton, Requirements for Testing During Power methods for performing the actual tests are Operation,’’ dated September 27, 1993. Missouri 65251 not changed. No new accident modes are Attorney for licensee: Gerald Charnoff, created by extending the testing intervals. No Basis for proposed no significant Esq., Shaw, Pittman, Potts & safety-related equipment or safety functions hazards consideration determination: Trowbridge, 2300 N Street, NW., are altered as a result of this change. As required by 10 CFR 50.91(a), the Washington, DC 20037 Extending the test frequency has no influence licensee has provided its analysis of the NRC Project Director: William H. on, nor does it contribute to, the possibility issue of no significant hazards Bateman of a new or different kind of accident or consideration, which is presented malfunction from those previously analyzed. below: Wisconsin Electric Power Company, Therefore, the proposed change will not Table TS 4.1-1, ‘‘Minimum Frequencies for Docket Nos. 50-266 and 50-301, Point create the possibility of a new or different Checks, Calibrations and Test of Instrument Beach Nuclear Power Plant, Unit Nos. kind of accident from any accident Channels,’’ Item 19 1 and 2, Town of Two Creeks, previously evaluated. The proposed changes were reviewed in Manitowoc County, Wisconsin 3. Operation of this facility under the accordance with the provisions of 10 CFR proposed Technical Specifications change 50.92 to determine that no significant Date of amendment request: May 29, will not create a significant reduction in a hazards exist. The proposed changes will not: 1996 margin of safety. 1. Involve a significant increase in the Description of amendment request: The proposed change potentially affects probability or consequences of an accident The proposed amendment would revise only the frequency of Type A, B, and C previously evaluated. Technical Specification (TS) Section testing. Except for the method of defining test The radiation monitors are not accident 15.4.4, ‘‘Containment Tests,’’ to frequency, the methods for performing the initiators; therefore, they cannot increase the actual tests are not changed. The proposed incorporate the provisions of 10 CFR probability of an accident occurring. The change is based on NRC accepted provisions reliability of the radiation monitors is not Part 50, Appendix J, ‘‘Primary Reactor and maintains necessary levels of system and expected to decrease due to the decreased Containment Leakage Testing for Water- component reliability affecting containment surveillance frequency; therefore, this change Cooled Power Reactors,’’ Option B. integrity. Evaluation of the performance- does not increase the consequences of an Revisions would also be made to TS based approach to leakage rate testing, as accident. 34902 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The addition of comment (a) to the Check, satisfied. Therefore, the NRC staff acceptance limits bound the most limiting Calibrate, and Test columns is merely a proposes to determine that the loadings (3 times normal operating pressure clarification of the existing information in the amendment request involves no differential) recommended by RG [Regulatory table and does not change the intent of the significant hazards consideration. Guide] 1.121. Therefore, each individual Technical Specifications. joint provides for structural integrity 2. Create the possibility of a new or Local Public Document Room exceeding RG recommendations. A different kind of accident from any accident location: University of Wisconsin, hypothetical loss of integrity of one of the previously evaluated. Cofrin Library, 2420 Nicolet Drive, joints will not result in a loss of structural The proposed change revises only the Green Bay, Wisconsin 54311-7001 integrity for the sleeve. Leakage testing for 3/ testing frequency and does not revise the test Attorney for licensee: Bradley D. 4’’ and 7/8’’ full length tubesheet sleeves has method or operational performance of the Jackson, Esq., Foley and Lardner, P. O. demonstrated that unacceptable levels of radiation monitors. The radiation monitors Box 1497, Madison, Wisconsin 53701- primary-to-secondary leakage are not are not accident initiators; therefore, they 1497 expected during all plant conditions for non- cannot create a new or different kind of NRC Project Director: Gail H. Marcus welded tubesheet sleeve lower joints. The accident. welded joint produces a hermetic seal, and 3. Involve a significant reduction in the Wisconsin Public Service Corporation, therefore will not leak under any plant margin of safety. Docket No. 50-305, Kewaunee Nuclear conditions. Laser welded sleeves will not Quarterly testing of the radiation Power Plant, Kewaunee County, contribute to the current SLB [steam-line monitoring system channels will continue to break] primary-to-secondary leakage limit of verify operability of the monitors. Decreasing Wisconsin 34 gpm in the faulted loop. The 34 gpm the test surveillance frequency is not Date of amendment request: June 10, leakage limit was calculated in accordance expected to decrease the reliability of the 1996 with the standard review plan methodology radiation monitors. This change is acceptable Description of amendment request: to support implementation of the voltage- in accordance with Generic Letter 93-05 and The proposed amendment would revise based repair criteria for tube support plate NUREG-1366, ‘‘Improvements to Technical Technical Specification 4.2.b, ‘‘Steam intersections. Specifications Surveillance Requirements.’’ The sleeve minimum acceptable wall Table TS 4.1-3, ‘‘Minimum Frequencies for Generator Tubes,’’ and its associated thickness (used for developing the depth Equipment Tests,’’ Item 1 basis, by allowing the use of based plugging limit for the sleeve) is The proposed change in test frequency for Westinghouse laser-welded sleeves to determined using the guidance of RG 1.121 control rod exercising was reviewed in repair defective steam generator tubes. and the pressure stress equation of Section III accordance with the provisions of 10 CFR A description of the sleeving repair of the ASME Code. With respect to the design 50.92 to determine that no significant process and supporting technical of the sleeve for KNPP, the limiting hazards exist. It has been determined that the justification are contained in WCAP- requirement of the RG which applies to part proposed change will not: 13088, Revision 3, ‘‘Westinghouse throughwall degradation is that the minimum 1. Involve a significant increase in the Series 44 and 51 Steam Generator acceptable wall must maintain a factor of probability or consequences of an accident safety consistent with the analysis conditions previously evaluated. Generic Sleeving Report.’’ WCAP-13088, as defined by the ASME Code. A bounding The proposed change revises only the and a non-proprietary version (WCAP- set of design and transient loading input testing frequency for control rod exercising. 13089), were submitted to the Nuclear conditions was used for the minimum wall The control rod exercise surveillance Regulatory Commission on April 13, thickness evaluation in the generic procedure will continue to be conducted, on 1995, to support a similar TS evaluation. Evaluation of the minimum a quarterly basis, to ensure that the amendment request for the DC Cook acceptable wall thickness for normal, upset equipment remains operable. The reduced Nuclear Power Plant, Unit 1. and postulated accident condition loading frequency of control rod exercising reduces per the ASME Code indicates the limiting the probability of an inadvertent reactor trip Basis for proposed no significant hazards consideration determination: condition is established for the normal occurring during testing due to a dropped operating conditions, and the minimum control rod. Surveillance procedure SP 49- As required by 10 CFR 50.91(a), the acceptable wall thickness for this case 075 is conducted to verify rod movement. In licensee has provided its analysis of the bounds the upset and faulted condition accordance with NUREG-1366, the frequency issue of no significant hazards values. of a stuck control rod occurring is very low. consideration, which is presented According to RG recommendations, an This condition is most often discovered below: allowance for non-destructive evaluation during reactor startup or during low power 1. Operation of the KNPP [Kewaunee (NDE) uncertainty and operational growth of physics testing. The reduction in control rod Nuclear Power Plant] in accordance with the existing tube wall degradation indications exercising is, therefore, considered proposed license amendment does not within the sleeve must be accounted for acceptable and is not expected to affect the involve a significant increase in the when determining the sleeve plugging limit. probability of a stuck control rod occurring. probability or consequences of an accident A conservative tube wall degradation growth 2. Create the possibility of a new or previously evaluated. rate per cycle and an NDE uncertainty has different kind of accident from any accident The LWS [laser-welded sleeve] been assumed for determining the sleeve TS previously evaluated. configuration has been designed and plugging limit. The sleeve wall degradation The proposed change revises only the analyzed in accordance with the extent determined by NDE, which would testing frequency and does not revise the test requirements of the ASME [American Society require plugging sleeved tubes, is developed method or the design of the control rod of Mechanical Engineers] Code. Fatigue and using the guidance of RG 1.121 and is system. Therefore, a new or different kind of stress analyses of the sleeved tube assemblies defined in WCAP-13088 [non-proprietary accident will not be created by this change. produced acceptable results; i.e., the applied WCAP-13089] to be 25% throughwall 3. Involve a significant reduction in the stresses and fatigue usage for the sleeve and (plugging limit = 100% - structural limit + margin of safety. weld are bounded by the limits established NDE uncertainty + growth) for KNPP. Quarterly control rod exercising will in the ASME Code. ASME Code minimum The hypothetical consequences of failure continue to verify movement of the control material property values are used for the of the sleeve joint would be bounded by the rods. No adverse consequences are expected structural and plugging limit analysis. current SG [steam generator] tube rupture to occur due to decreasing the test frequency. Ultrasonic inspection is used to verify that analysis included in the KNPP Updated This change is acceptable in accordance with minimum weld fusion zone thicknesses are Safety Analysis Report. Due to the slight Generic Letter 93-05 and NUREG-1366. produced. Mechanical testing of 7/8’’ reduction in diameter caused by the sleeve The NRC staff has reviewed the tubesheet sleeves installed in roll expanded wall thickness, primary coolant release rates licensee’s analysis and, based on this tubes has shown that the individual joint would be slightly less than assumed for the review, it appears that the three structural strength of Alloy 690 LWSs SG tube rupture analysis (depending on standards of 10 CFR 50.92(c) are provides margin to acceptance limits. These break location), and therefore, would result Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34903 in lower total primary fluid mass release to of operation, all in-service sleeves were and progression of sleeve/tube wall the secondary system. inspected using the +point probe. No service degradation, thus satisfying the requirements The proposed TS change to use Alloy 690 induced corrosion was detected. In 1995, of RG 1.83. The portion of the tube bridged LWSs does not adversely impact any other approximately 18,600 LWSs were installed in by the sleeve joints is effectively removed previously evaluated design basis accidents two different U.S. plants. Due to their limited from the pressure boundary, and the sleeve or the results of LOCA [loss of coolant operational time, these sleeves have not been then forms the new pressure boundary. The accident] and non-LOCA accident analyses inspected. areas of the sleeved tube assembly which for the current TS minimum reactor coolant Conformance of sleeve design with the require inspection are defined in WCAP- system flow rate. The results of the analyses applicable sections of the ASME Code and 13088 [non-proprietary WCAP-13089]. Since and testing, as well as plant operating results of the leakage and mechanical tests the installed sleeves represent a portion of experience, demonstrates that the sleeve support the conclusion that installation of the pressure boundary, a baseline inspection assembly is an acceptable means of LWSs will not increase the probability or of these areas is required prior to operation maintaining tube integrity. Plugging limit consequences of an accident previously with sleeves installed. criteria are established using the guidance of evaluated. The effect of sleeving on the design RG 1.121. Furthermore, per RG 1.83 2. The proposed license amendment transients and accident analyses has been recommendations, the sleeved tube will be request does not create the possibility of a reviewed based on the installation of sleeves monitored through periodic inspections with new or different kind of accident from an up to the level of SG tube plugging present NDE techniques. These measures accident previously evaluated. coincident with the minimum reactor coolant demonstrate that installation of sleeves Installation of LWSs will not introduce flow rate. The installation of sleeves is spanning degraded areas of the tube will significant or adverse changes to the plant evaluated as the equivalent of some level of restore the tube to a condition consistent design basis and does not represent a SG tube plugging. This is based on with its original design basis. potential to affect any other plant determining the minimum reactor coolant Corrosion testing of free span LWS joint component. Stress and fatigue analysis of the flow for the LOCA evaluation. Information has indicated that the corrosion resistance repair has shown that the ASME Code and provided in WCAP-13088 [non-proprietary (relative to roll transitions) can be increased RG 1.121 criteria are not exceeded. WCAP-13089] describes the method to by greater than a factor of ten with the Installation of LWSs maintains overall tube determine the flow equivalent for all application of a PWHT [post weld heat bundle structural and leakage integrity at a combinations of tubesheet and tube support treatment] step. Estimations of joint level consistent to that of the originally plate sleeves. Therefore, installation of LWSs susceptibility based on expected far field supplied tubing during all plant conditions; will not result in a significant reduction in stresses after heat treatment using the stresses are bounded by the Code and the the margin of safety. expected original tube-to-tubesheet hydraulic tubing is leaktight. Sleeving of tubes does not The NRC staff has reviewed the expansion transition residual stresses and provide a mechanism resulting in an accident licensee’s analysis and, based on this actual time to crack in these transitions at outside of the area affected by the sleeves. review, it appears that the three KNPP indicate that LWS joint lifetime should Any hypothetical accident as a result of standards of 10 CFR 50.92(c) are exceed the current plant license. Consistent potential tube or sleeve degradation in the satisfied. Therefore, the NRC staff with other license amendments addressing repaired portion of the tube is bounded by proposes to determine that the LWS, all free span laser welds will receive the existing tube rupture accident analysis. amendment request involves no a PWHT; therefore, rapid corrosion Since the sleeve design does not affect any significant hazards consideration. degradation of the free span joint is not component or location of the tube outside of Local Public Document Room expected. Recently performed corrosion the immediate area repaired, in addition to location: University of Wisconsin, testing of LWS joints in locked tube the fact that the installation of sleeves and Cofrin Library, 2420 Nicolet Drive, conditions indicates that with PWHT the the impact on current plugging level analyses stress corrosion cracking resistance and is accounted for, the possibility that laser Green Bay, Wisconsin 54311-7001 initiation potential in the parent tube weld welded sleeving creates a new or different Attorney for licensee: Bradley D. region is greatly enhanced. Similar test type of accident is not supported. Jackson, Esq., Foley and Lardner, P. O. results and conclusions would be expected Installation of LWSs will reduce the Box 1497, Madison, Wisconsin 53701- for KNPP. The Model 51 SG tube span potential for primary-to-secondary leakage 1497 between the top of the tubesheet and the first during postulated steam line break while not NRC Project Director: Gail H. Marcus support plate is such that even lower PWHT significantly impacting primary coolant flow residual stresses would be expected. Also, area in the event of a LOCA. By effectively Wisconsin Electric Power Company, the weld placement within the hydraulically isolating degraded areas of the tube through Docket Nos. 50-266 and 50-301, Point expanded area and sleeve installation repair, the potential for steam line break Beach Nuclear Power Plant, Unit Nos. sequence have been optimized to provide for leakage is reduced. 1 and 2, Town of Two Creeks, some level of heat treatment at the upper 3. The proposed license amendment does Manitowoc County, Wisconsin transition above the weld and lower far field not involve a significant reduction in the Date of amendment request: June 4, residual stress levels. While no parent tube margin of safety. degradation has been detected at this The LWS repair of degraded SG tubes as 1996 (VPNPD-96-035) elevation, or any other elevation in a laser identified in WCAP-13088 [non-proprietary Description of amendment request: welded sleeve assembly, the relocation of the WCAP-13089] has been shown by analysis to The proposed amendment would revise weld serves to provide further resistance to restore the integrity of the tube bundle Technical Specification (TS) Section PWSCC [primary water stress corrosion consistent with its original design basis 15.2.3, ‘‘Limiting Safety System Settings cracking] at this elevation. The suggested conditions; i.e., tube/sleeve operational and and Protective Instrumentation,’’ and target PWHT temperature has also been faulted conditions stresses and cumulative Section 15.5.3, ‘‘Design Features - optimized in that this temperature provides fatigue usage are bounded by the ASME Code Reactor,’’ to incorporate changes for adequate PWHT while maintaining the requirements and the repaired tubes are associated with the operation of Point parent tube far field stresses. leaktight. The safety factors used in the Beach Nuclear Plant (PBNP), Unit 2, Approximately 19,500 LWSs have been design of sleeves for the repair of degraded with replacement steam generators. installed in the U.S. Of this number, over 300 tubes are consistent with the safety factors in Basis for proposed no significant which have up to 3 cycles of operation were the ASME Code used in SG design. The inspected in 1995 using the CECCO-5 probe. design of the LWS lower joint for 7/8’’ tube hazards consideration determination: No degradation of the sleeves or the parent sleeves has been verified by testing to As required by 10 CFR 50.91(a), the tube was detected. Operating experience in sufficiently preclude leakage during normal licensee has provided its analysis of the Europe has shown good performance of the and postulated accident conditions. The issue of no significant hazards LWS joint for up to 5 cycles of operation. In portions of the installed sleeve assembly consideration which is presented below: 1994, approximately 11,200 LWSs were which represents the reactor coolant pressure 1. Operation of this facility under the installed in the Doel-4 Plant. After one year boundary will be monitored for the initiation proposed Technical Specifications will not 34904 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices create a significant increase in the probability satisfied. Therefore, the NRC staff changes maintain the margin to safe or consequences of an accident previously proposes to determine that the operation for Unit 2 with the replacement evaluated. amendment request involves no steam generators. In order to maintain one set The proposed changes do not involve a significant hazards consideration. of safety analyses for both units, the analyses change to structures, systems, or components for operation of Unit 2 with the replacement which would affect the probability or Local Public Document Room steam generators were performed to consequences of an accident previously location: Joseph P. Mann Library, 1516 encompass the operation of Unit 1. evaluated in the PBNP Final Safety Analyses Sixteenth Street, Two Rivers, Wisconsin Therefore, the proposed changes apply to the Report (FSAR). The proposed setpoints 54241 operation of both units and maintain the maintain the margin to safe operation of Unit Attorney for licensee: Gerald Charnoff, margin of safety for each. These changes do 2 with the replacement steam generators. In Esq., Shaw, Pittman, Potts, and not affect any of the parameters or conditions order to maintain one set of safety analyses Trowbridge, 2300 N Street, NW., that contribute to initiation of any accidents. for both units, the analyses for operation of Washington, DC 20037 In addition, the safety functions of safety- Unit 2 with the replacement steam generators NRC Project Director: Gail H. Marcus related systems and components, which are were performed to encompass the operation related to accident mitigation, have not been of Unit 1. Therefore, the proposed changes Wisconsin Electric Power Company, altered. Therefore, the proposed changes will apply to the operation of both units and Docket Nos. 50-266 and 50-301, Point not create the possibility of a new or different maintain the margin of safety for each. The Beach Nuclear Power Plant, Unit Nos. kind of accident from any accident proposed change to the description of previously evaluated. nominal RCS [reactor coolant system] volume 1 and 2, Town of Two Creeks, 3. Operation of this facility under the is an administrative change and has no effect Manitowoc County, Wisconsin proposed Technical Specifications change on plant operation. Therefore, the probability Date of amendment request: June 4, will not create a significant reduction in a or consequences of a previously evaluated 1996 (VPNPD-96-036) margin of safety. accident are not significantly increased as a Description of amendment request: The proposed changes maintain the margin result of these changes. to safe operation for Unit 2 with the 2. Operation of this facility under the The proposed amendment would revise replacement steam generators. In order to proposed Technical Specifications change Technical Specification (TS) Section maintain one set of safety analyses for both will not create the possibility of a new or 15.2.1, ‘‘Safety Limit, Reactor Core,’’ units, the analyses for operation of Unit 2 different kind of accident from any accident 15.2.3, ‘‘Limiting Safety System with replacement steam generators were previously evaluated. Settings, Protective Instrumentation,’’ performed to encompass the operation of The proposed changes do not involve a and Section 15.3.1.G, ‘‘Operational Unit 1. Therefore, the proposed changes change to the plant design. The proposed Limitations,’’ to maintain safety margin apply to the operation of both units and setpoints maintain the margin to safe for Unit 2 with replacement steam maintain the margin of safety for each. The operation of Unit 2 with the replacement generators. proposed changes have no affect on the steam generators. In order to maintain one set availability, operability, or performance of of safety analyses for both units, the analyses Basis for proposed no significant the safety-related systems and components for operation of Unit 2 with the replacement hazards consideration determination: described in the Technical Specifications. steam generators were performed to As required by 10 CFR 50.91(a), the Therefore, the proposed changes will not encompass the operation of Unit 1. licensee has provided its analysis of the create a significant reduction in a margin of Therefore, the proposed changes apply to the issue of no significant hazards safety. operation of both units and maintain the consideration which is presented below: The NRC staff has reviewed the margin of safety for each. These changes do 1. Operation of this facility under the licensee’s analysis and, based on this not affect any of the parameters or conditions proposed Technical Specifications will not review, it appears that the three that contribute to initiation of any accidents. create a significant increase in the probability standards of 10 CFR 50.92(c) are The proposed change to the description of or consequences of an accident previously nominal RCS volume is an administrative satisfied. Therefore, the NRC staff evaluated. proposes to determine that the change and has no effect on plant operation The proposed change does not involve a or initiation of any accidents. Therefore, the change to structures, systems, or components amendment request involves no proposed changes will not create the which would affect the probability or significant hazards consideration. possibility of a new or different kind of consequences of an accident previously Local Public Document Room accident from any accident previously evaluated in the PBNP [Point Beach Nuclear location: Joseph P. Mann Library, 1516 evaluated. Plant] Final Safety Analyses Report (FSAR). Sixteenth Street, Two Rivers, Wisconsin 3. Operation of this facility under the The proposed changes maintain the margin 54241 proposed Technical Specifications change to safe operation for Unit 2 with the Attorney for licensee: Gerald Charnoff, will not create a significant reduction in a replacement steam generators. In order to margin of safety. Esq., Shaw, Pittman, Potts, and maintain one set of safety analyses for both Trowbridge, 2300 N Street, NW., The proposed setpoints maintain the units, the analyses for operation of Unit 2 margin to safe operation of Unit 2 with the Washington, DC 20037 with the replacement steam generators were NRC Project Director: Gail H. Marcus replacement steam generators. In order to performed to encompass the operation of maintain one set of safety analyses for both Unit 1. Therefore, the proposed changes Previously Published Notices of units, the analyses for operation of Unit 2 apply to the operation of both units and Consideration of Issuance of with replacement steam generators were maintain the margin of safety for each. The performed to encompass the operation of Amendments to Facility Operating proposed changes do not change, degrade, or Licenses, Proposed No Significant Unit 1. Therefore, the proposed changes preclude the prevention or mitigation of the apply to the operation of both units and consequences of any accident described in Hazards Consideration Determination, maintain the margin of safety for each. The the FSAR. Therefore, the probability or and Opportunity for a Hearing proposed change to the description of consequences of a previously evaluated The following notices were previously nominal RCS volume is an administrative accident are not significantly increased as a published as separate individual change and has no effect on plant operation. result of these changes. Therefore, the proposed changes will not notices. The notice content was the 2. Operation of this facility under the same as above. They were published as create a significant reduction in a margin of proposed Technical Specifications change safety. will not create the possibility of a new or individual notices either because time The NRC staff has reviewed the different kind of accident from any accident did not allow the Commission to wait licensee’s analysis and, based on this previously evaluated. for this biweekly notice or because the review, it appears that the three The proposed changes do not involve a action involved exigent circumstances. standards of 10 CFR 50.92(c) are change to the plant design. The proposed They are repeated here because the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34905 biweekly notice lists all amendments requirements of the Atomic Energy Act Effective date: As of the date of issued or proposed to be issued of 1954, as amended (the Act), and the issuance to be implemented within 30 involving no significant hazards Commission’s rules and regulations. days. consideration. The Commission has made appropriate Amendment Nos.: 215 and 192 For details, see the individual notice findings as required by the Act and the Facility Operating License Nos. DPR- in the Federal Register on the day and Commission’s rules and regulations in 53 and DPR-69: The amendments page cited. This notice does not extend 10 CFR Chapter I, which are set forth in revised the Updated Final Safety the notice period of the original notice. the license amendment. Analysis Report. Public comments Notice of Consideration of Issuance of Florida Power and Light Company, et requested as to proposed no significant Amendment to Facility Operating hazards consideration: Yes (61 FR 27371 al., Docket No. 50-335, St. Lucie Plant, License, Proposed No Significant Unit No. 1, St. Lucie County, Florida dated May 31, 1996). The notice Hazards Consideration Determination, provided an opportunity to submit Date of amendment request: June 1, and Opportunity for A Hearing in comments on the Commission’s 1996 connection with these actions was proposed no significant hazards Description of amendment request: published in the Federal Register as consideration determination. No Revise Technical Specifications to indicated. comments have been received. The reflect reduced reactor coolant system Unless otherwise indicated, the notice also provided for an opportunity flows resulting from increased Commission has determined that these to request a hearing by July 1, 1996, but percentage of plugged steam generator amendments satisfy the criteria for indicated that if the Commission makes tubes. categorical exclusion in accordance a final no significant hazards Date of publication of individual with 10 CFR 51.22. Therefore, pursuant consideration determination, any such notice in the Federal Register: June 7, to 10 CFR 51.22(b), no environmental hearing would take place after issuance 1996 (61 FR 29140) impact statement or environmental of the amendments. The May 31 and Expiration date of individual notice: assessment need be prepared for these June 5, 1996, letters provided additional June 24, 1996 amendments. If the Commission has information that did not change the Local Public Document Room prepared an environmental assessment scope of the May 28, 1996, application. location: Indian River Junior College under the special circumstances The Commission’s related evaluation Library, 3209 Virginia Avenue, Fort provision in 10 CFR 51.12(b) and has of the amendment, finding of exigent Pierce, Florida 34954-9003 made a determination based on that circumstances, and a final no significant assessment, it is so indicated. hazards consideration determination are Public Service Electric & Gas Company, For further details with respect to the contained in a Safety Evaluation dated Docket Nos. 50-272 and 50-311, Salem action see (1) the applications for June 17, 1996. Nuclear Generating Station, Unit Nos. 1 amendment, (2) the amendment, and (3) and 2, Salem County, New Jersey the Commission’s related letter, Safety Local Public Document Room Date of amendment request: May 31, Evaluation and/or Environmental location: Calvert County Library, Prince 1996 Assessment as indicated. All of these Frederick, Maryland 20678 Brief description of amendment items are available for public inspection Carolina Power & Light Company, et request: The amendments (1) revise the at the Commission’s Public Document al., Docket No. 50-400, Shearon Harris Reactor Vessel Level Indication System Room, the Gelman Building, 2120 L Nuclear Power Plant, Unit 1, Wake and (RVLIS) Action Statements to facilitate Street, NW., Washington, DC, and at the Chatham Counties, North Carolina actions necessary for channel testing to local public document rooms for the Date of application for amendment: be performed in Mode 3, (2) revise the particular facilities involved. Channel Calibration definition to better October 24, 1994, as supplemented account for temperature detector Baltimore Gas and Electric Company, August 31, 1995 and February 8, 1996. channel calibration methodology, and Docket Nos. 50-317 and 50-318, Calvert The August 31, 1995 and February 8, (3) delete a requirement to install a Cliffs Nuclear Power Plant, Unit Nos. 1 1996, letters provide clarification jumper in the Auxiliary Feedwater and 2, Calvert County, Maryland information. The new information actuation logic since a design change Date of application for amendments: changed the scope of the October 24, will result in the jumper function being May 28, 1996, as supplemented by 1994, letter and was re-noticed on May performed by a relay. letters dated May 31 and June 5, 1996 8, 1996, but did not change the initial Date of publication of individual Brief description of amendments: no significant hazards consideration notice in Federal Register: June 17, 1996 These amendments authorize the determination. (61 FR 30641) licensee to revise applicable Updated Brief description of amendment: The Expiration date of individual notice: Final Safety Analysis Report sections to proposed amendment would revise the July 17, 1996 reflect the installation of a variable flow TS to allow the relocation of TS 3/ Local Public Document Room controller for the service water inlet 4.11.2.6, Gas Storage Tanks; and the location: Salem Free Public Library, 112 control valves for the containment air associated Bases in the TS to licensee- West Broadway, Salem, New Jersey coolers that is not within the current controlled documents. 08079 licensing basis of Calvert Cliffs Nuclear Date of issuance: June 12, 1996 Power Plant Units No. 1 and No. 2. Effective date: June 12, 1996 Notice of Issuance of Amendments to These amendments are being issued Amendment No.: 64 Facility Operating Licenses pursuant to the requirements of 10 CFR Facility Operating License No. NPF- During the period since publication of 50.59(c) because the review by 63. Amendment revises the Technical the last biweekly notice, the Baltimore Gas and Electric Company Specifications Commission has issued the following identified the changes as an unreviewed Date of initial notice in Federal amendments. The Commission has safety question. No changes to the Register: November 23, 1994 (59 FR determined for each of these Technical Specifications are required by 60379). The Commission’s related amendments that the application these amendments. evaluation of the amendment is complies with the standards and Date of issuance: June 17, 1996 contained in a Safety Evaluation dated 34906 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

June 12, 1996. No significant hazards Date of initial notice in Federal Based Containment Leak-Test Program.’’ consideration comments received: No Register: September 14, 1994 (59 FR Specifically, changes have been made to Local Public Document Room 47166) The October 9, 1995 and June 6, paragraph 2.D of the Operating License; location: Cameron Village Regional 1996, letters provided clarifying TS Section 1.1, ‘‘Definitions;’’ TS Library, 1930 Clark Avenue, Raleigh, information that did not change the 3.6.1.1, ‘‘Primary Containment;’’ TS North Carolina 27605 scope of the July 18, 1994, application 3.6.1.1, ‘‘Primary Containment Air Commonwealth Edison Company, and the initial proposed no significant Locks;’’ TS 3.6.1.3, ‘‘Primary Docket Nos. 50-373 and 50-374, LaSalle hazards consideration. The Containment Isolation Valves (PCIVs);’’ County Station, Units 1 and 2, LaSalle Commission’s related evaluation of the and TS Section 5.5, ‘‘Programs and County, Illinois amendments is contained in a Safety Manuals.’’ Evaluation dated June 12, 1996. No Date of issuance: June 21, 1996 Date of application for amendments: significant hazards consideration December 21, 1995 comments received: No Effective date: June 21, 1996 Brief description of amendments: The Local Public Document Room Amendment No.: 105 amendments delete the requirement to location: York County Library, 138 East place the reactor mode switch in the Facility Operating License No. NPF- Black Street, Rock Hill, South Carolina 62: The amendment revised the Shutdown position if a stuck open 29730 safety/relief valve can not be closed Technical Specifications. within 2 minutes. The operator will still Entergy Operations, Inc., System Date of initial notice in Federal be required to scram the reactor if Energy Resources, Inc., South Register: May 21, 1996 (61 FR 25708) suppression pool average water Mississippi Electric Power Association, The Commission’s related evaluation of temperature reaches 110 degrees and Mississippi Power & Light the amendment is contained in a Safety Fahrenheit or greater. The amendment Company, Docket No. 50-416, Grand Evaluation dated June 21, 1996. No also includes editorial changes to the Gulf Nuclear Station, Unit 1, Claiborne significant hazards consideration index pages. County, Mississippi comments received: No Date of issuance: June 18, 1996 Date of application for amendment: Effective date: Immediately, to be Local Public Document Room February 22, 1996 location: The Vespasian Warner Public implemented within 60 days Brief description of amendment: The Amendment Nos.: 113 and 98 Library, 120 West Johnson Street, Facility Operating License Nos. NPF- amendment increased the safety Clinton, Illinois 61727 11 and NPF-18: The amendments function lift setpoint tolerances for the safety and relief valves that are listed in Niagara Mohawk Power Corporation, revised the Technical Specifications. Docket No. 50-410, Nine Mile Point Date of initial notice in Federal Surveillance Requirement 3.4.4.1 (Page 3.4-10) of the Technical Specifications Nuclear Station, Unit 2, Oswego Register: May 8, 1996 (61 FR 20844) The County, New York Commission’s related evaluation of the (TSs) for the Grand Gulf Nuclear amendments is contained in a Safety Station, Unit 1. The tolerances were Date of application for amendment: Evaluation dated June 18, 1996. No increased from the current plus or January 25, 1996 significant hazards consideration minus 1 percent of the safety function (i.e., safety relief valve) lift setpoint to Brief description of amendment: The comments received: No amendment revises Technical Local Public Document Room plus or minus 3 percent. Specification 3/4.3.3, Emergency Core location: Jacobs Memorial Library, Date of issuance: June 12, 1996 Cooling System Actuation Illinois Valley Community College, Effective date: June 12, 1996 Instrumentation, to more clearly define Oglesby, Illinois 61348 Amendment No: 123 Facility Operating License No. NPF- when, during shutdown and refueling, Duke Power Company, et al., Docket 29. Amendment revises the Technical the Loss of Voltage and Degraded Nos. 50-413 and 50-414, Catawba Specifications. Voltage relays for the Loss of Power Nuclear Station, Units 1 and 2, York Date of initial notice in Federal actuation trip functions are required to County, South Carolina Register: March 27, 1996 (61 FR 13524) be operable. Date of application for amendments: The Commission’s related evaluation of Date of issuance: June 10, 1996 July 18, 1994, as supplemented by letter the amendment is contained in a Safety Evaluation dated June 12, 1996. No Effective date: As of the date of dated October 9, 1994 issuance to be implemented within 30 Brief description of amendments: The significant hazards consideration days. amendments revise the current comments received: No combined Technical Specifications (TS) Local Public Document Room Amendment No.: 72 for Units 1 and 2 by separating them location: Judge George W. Armstrong Facility Operating License No. NPF- into individual volumes for Unit 1 and Library, 220 S. Commerce Street, 69: Amendment revises the Technical Unit 2. In addition to the changes Natchez, MS 39120 Specifications. required by the TS split, some Illinois Power Company and Soyland Date of initial notice in Federal administrative and editorial changes Power Cooperative, Inc., Docket No. 50- Register: May 8, 1996 (61 FR 20851) The were made, such as the correction of 461, Clinton Power Station, Unit No. 1, Commission’s related evaluation of the typographical errors and the deletion of DeWitt County, Illinois amendment is contained in a Safety unnecessary blank pages. Evaluation dated June 10, 1996. No Date of issuance: June 12, 1996 Date of application for amendment: significant hazards consideration Effective date: As of the date of May 1, 1996 comments received: No issuance to be implemented within 30 Brief description of amendment: The days amendment revises the Operating Local Public Document Room Amendment Nos.: 148 and 142 License and Technical Specifications location: Reference and Documents Facility Operating License Nos. NPF- (TS) to implement 10 CFR Part 50, Department, Penfield Library, State 35 and NPF-52: Amendments revised Appendix J - Option B, by referring to University of New York, Oswego, New the Technical Specifications. Regulatory Guide 1.163, ‘‘Performance- York 13126 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34907

Northeast Nuclear Energy Company, et Brief description of amendments: The Power Authority of The State of New al., Docket No. 50-336, Millstone amendments change the Technical York, Docket No. 50-286, Indian Point Nuclear Power Station, Unit No. 2, New Specifications to implement 10 CFR Part Nuclear Generating Unit No. 3, London County, Connecticut 50, Appendix J, Option B, by creating Westchester County, New York Date of application for amendment: Technical Specification Section 5.5.12, Date of application for amendment: January 5, 1996, as supplemented on ‘‘Primary Containment Leakage Rate March 14, 1996 May 31, 1996 Testing Program,’’ which refers to Brief description of amendment: The Brief description of amendment: The Regulatory Guide 1.163, ‘‘Performance- proposed changes would allow a one- amendment implements the guidance of Based Containment Leakage-Test time extension of the intervals for the Generic Letter 93-08 by relocating Program.’’ steam generator tube inspection that is Tables 3.3-2, ‘‘Reactor Protective Date of issuance: June 18, 1996 due in July 1996. Instrumentation Response Times’’ and Effective date: Both units, as of date Date of issuance: June 19, 1996 3.3-5, ‘‘Engineered Safety Features of issuance, to be implemented by June Effective date: As of the date of Response Times’’ from the Technical 28, 1996. issuance to be implemented within 30 Specifications to the Millstone Unit No. Amendments Nos.: 214 and 219 days. 2 Technical Requirements Manual Facility Operating License Nos. DPR- Amendment No.: 166 (TRM). In accordance with Generic Facility Operating License No. DPR- Letter 93-08, the Limiting Conditions for 44 and DPR-56: The amendments revised the Technical Specifications. 64: Amendment revised the Technical Operations for Technical Specifications Specifications. Date of initial notice in Federal 3.3.1.1, 3.3.2.1, and 3.7.1.6 are revised Date of initial notice in Federal Register: March 27, 1996 (61 FR 13531) to eliminate their references to the Register: May 8, 1996 (61 FR 20854) The The Commission’s related evaluation of aforementioned tables. The amendment Commission’s related evaluation of the the amendments is contained in a Safety also revises Bases 3/4.3.1 and 3/4.3.2 to amendment is contained in a Safety Evaluation dated June 18, 1996. No reference that the instrument response Evaluation dated June 19, 1996. No significant hazards consideration times are located in the TRM and that significant hazards consideration comments received: No these tables in the TRM are now comments received: No controlled under 10 CFR 50.59. The Local Public Document Room Local Public Document Room amendment also removes a cycle- location: Government Publications location: White Plains Public Library, specific note from Tables 3.3-3 and 3.3- Section, State Library of Pennsylvania, 100 Martine Avenue, White Plains, New 4. (REGIONAL DEPOSITORY) Education York 10610 Date of issuance: June 10, 1996 Building, Walnut Street and Effective date: As of the date of Commonwealth Avenue, Box 1601, Tennessee Valley Authority, Docket issuance, to be implemented within 60 Harrisburg, Pennsylvania 17105 Nos. 50-390 Watts Bar Nuclear Plant, days. Unit 1, Rhea County, Tennessee Amendment No.: 198 Philadelphia Electric Company, Docket Facility Operating License No. DPR- Nos. 50-352 and 50-353, Limerick Date of application for amendment: 65: Amendment revised the Technical Generating Station, Units 1 and 2, February 28, as supplemented April 15, Specifications. Montgomery County, Pennsylvania and June 3, 1996. Date of initial notice in Federal Brief description of amendment: The Date of application for amendments: Register: February 14, 1996 (61 FR proposed amendment would revise the April 25, 1996 5816) The May 31, 1996, letter provided Technical Specifications (TS) to additional information that did not Brief description of amendments: The increase the surveillance intervals for change the scope of the January 5, 1996, amendments relocate Technical ice bed weight sampling and flow application and the initial proposed no Specification Traversing In-Core Probe passage inspection from 9 months to 18 significant hazards consideration System Limiting Condition for months. The TS would also be changed determination. Operation 3/4.3.7.7 and its Bases 3/ to provide an increased ice sublimation The Commission’s related evaluation 4.3.7.7, to the Limerick Generating allowance, associated with the of the amendment is contained in a Station Technical Requirements increased surveillance interval, by Safety Evaluation dated June 10, 1996. Manual, and modify Note (f) of TS Table increasing the minimum total ice weight No significant hazards consideration 4.3.1.1-1. from 2,360,875 pounds to 2,403,800 comments received: No Date of issuance: June 11, 1996 pounds (1214 pounds/basket to 1236 Local Public Document Room Effective date: As of date of issuance, pounds/basket). location: Learning Resources Center, to be implemented within 30 days. Date of issuance: June 13, 1996 Effective date: June 13, 1996 Three Rivers Community-Technical Amendment Nos.: 117 and 79 College, 574 New London Turnpike, Amendment No.: 2 Facility Operating License Nos. NPF- Norwich, CT 06360 and the Waterford Facility Operating License No. NPF- 39 and NPF-85. The amendments Library, ATTN: Vince Juliano, 49 Rope 90: Amendment revises the Technical revised the Technical Specifications. Ferry Road, Waterford, Connecticut Specifications. 06385 Date of initial notice in Federal Date of initial notice in Federal Register: May 8, 1996 (61 FR 20840) The Register: April 10, 1996 (61 FR 15998) PECO Energy Company, Public Service Commission’s related evaluation of the The Commission’s related evaluation of Electric and Gas Company Delmarva amendments is contained in a Safety the amendment is contained in a Safety Power and Light Company, and Evaluation dated June 11, 1996 No Evaluation dated June 13, 1996. No Atlantic City Electric Company, Docket significant hazards consideration significant hazards consideration Nos. 50-277 and 50-278, Peach Bottom comments received: No comments received: No Atomic Power Station, Unit Nos. 2 and Local Public Document Room Local Public Document Room 3, York County, Pennsylvania location: Pottstown Public Library, 500 location: Chattanooga-Hamilton County Date of application for amendments: High Street, Pottstown, Pennsylvania Library, 1001 Broad Street, Chattanooga, February 15, 1996 19464 TN 37402 34908 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The Cleveland Electric Illuminating The additional information contained in overall emergency diesel generator Company, Centerior Service Company, the supplemental letters dated February reliability and availability. Duquesne Light Company, Ohio Edison 15, March 7, and April 11, 1996, were Date of issuance: June 17, 1996 Company, OES Nuclear, Inc., clarifying in nature and thus, within the Effective date: June 17, 1996, to be Pennsylvania Power Company, Toledo scope of the initial notice and did not implemented within 30 days of the date Edison Company, Docket No. 50-440 affect the staff’s proposed no significant of issuance. Perry Nuclear Power Plant, Unit No. 1, hazards consideration determination. Lake County, Ohio The Commission’s related evaluation of Amendment No.: 112 Facility Operating License No. NPF- Date of application for amendment: the amendments is contained in a Safety Evaluation dated June 12, 1996. No 30: The amendment revised the April 26, 1996 Technical Specifications. Brief description of amendment: The significant hazards consideration amendment corrected minor technical comments received: No Date of initial notice in Federal and administrative errors in the Local Public Document Room Register: August 30, 1995 (60 FR 45188) Improved Technical Specifications prior location: University of Texas at The February 28, 1996, and April 9, to its implementation. Arlington Library, Government 1996 supplemental letters provided Date of issuance: June 18, 1996 Publications/Maps, 702 College, P.O. additional clarifying information and Effective date: June 18, 1996 Box 19497, Arlington, Texas 76019 did not change the staff’s original no Amendment No.: 85 TU Electric Company, Docket Nos. 50- significant hazards consideration Facility Operating License No. NPF- 445 and 50-446, Comanche Peak Steam determination. The Commission’s 58: This amendment revised the Electric Station, Unit Nos. 1 and 2, related evaluation of the amendment is Technical Specifications. Somervell County, Texas contained in a Safety Evaluation dated Date of initial notice in Federal June 17, 1996. No significant hazards Date of amendment request: March consideration comments received: No. Register: May 9, 1996 (61 FR 21213) The 12, 1996 (TXX-96008) Local Public Document Room Commission’s related evaluation of the Brief description of amendments: The location: Callaway County Public amendment is contained in a Safety amendments revised the Technical Library, 710 Court Street, Fulton, Evaluation dated June 18, 1996. No Specifications to reflect the approval for Missouri 65251 significant hazards consideration the licensee to use of the new comments received: No Containment Leakage Rate Testing Virginia Electric and Power Company, Local Public Document Room Program as required by 10 CFR Part 50, Docket Nos. 50-280 and 50-281, Surry location: Perry Public Library, 3753 Appendix J, Option B for Comanche Power Station, Unit Nos. 1 and 2, Surry Main Street, Perry, Ohio 44081 Peak Steam Electric Station, Units 1 and County, Virginia. TU Electric Company, Docket Nos. 50- 2. Implementation of the new Date of application for amendments: 445 and 50-446, Comanche Peak Steam performance based leakage rate testing April 15, 1996 Electric Station, Unit Nos. 1 and 2, program will be based on the guidance Somervell County, Texas provided by Regulatory Guide 1.163, Brief description of amendments: September 1995. These amendments would revise the Date of amendment requests: April 25 Date of issuance: June 13, 1996 Technical Specifications to indicate that (TXX-94119) and August 12, 1994 (TXX- Effective date: June 13, 1996, to be the quadrant power tilt ratio 94216), as supplemented by letters implemented within 60 days requirements are applicable only at dated February 15 (TXX-96055), March Amendment Nos.: 51 and 37 power levels greater than 50% of rated 7 (TXX-96078), and April 11, 1996 Facility Operating License Nos. NPF- core power. (TXX-96111). 87 and NPF-89. The amendments Date of issuance: June 7, 1996 Brief description of amendments: revised the Technical Specifications. Effective date: June 7, 1996 These amendments modified the Date of initial notice in Federal Administrative Controls specifications, Register: April 10, 1996 (61 FR 15999) Amendment Nos.: 210 and 210 relocate/remove requirements that are The Commission’s related evaluation of Facility Operating License Nos. DPR- adequately controlled by existing the amendments is contained in a Safety 32 and DPR-37: Amendments revised regulations other than 10 CFR 50.36 and Evaluation dated June 13, 1996. No the Technical Specifications. the technical specifications. Guidance significant hazards consideration Date of initial notice in Federal on the proposed changes was developed comments received: No Register: May 8, 1996 (61 FR 20860) The by NRC and provided in the Standard Local Public Document Room Commission’s related evaluation of the Technical Specifications for location: University of Texas at amendment is contained in a Safety Westinghouse Plants, NUREG-1431. The Arlington Library, Government Evaluation dated June 7, 1996. No changes also update unit staff Publications/Maps, 702 College, P.O. significant hazards consideration qualification requirements to Regulatory Box 19497, Arlington, TX 76019 comments received: No Guide 1.8, Revision 2. Date of issuance: June 12, 1996 Union Electric Company, Docket No. Local Public Document Room Effective date: June 12, 1996, to be 50-483, Callaway Plant, Unit 1, location: Swem Library, College of implemented witnin 60 days. Callaway County, Missouri William and Mary, Williamsburg, Virginia 23185 Amendment Nos.: Unit 1 - Date of application for amendment: Amendment No. 50; Unit 2 - September 9, 1994, as superseded by Dated at Rockville, Maryland, this Amendment No. 36 letter dated July 25, 1995, and 26th day of June 1996. Facility Operating License Nos. NPF- subsequently supplemented by letters For the Nuclear Regulatory Commission 87 and NPF-89. The amendments dated February 28, 1996, and April 9, Steven A. Varga, revised the Technical Specifications. 1996. Director, Division of Reactor Projects - I/II, Date of initial notice in Federal Brief description of amendment: The Office of Nuclear Reactor Regulation Register: August 3, 1994 (59 FR 39599) amendment would revise TS 3/4.8.1 and [Doc. 96–16879 Filed 7–2–96; 8:45 am] and September 28, 1994 (59 FR 49439). its associated Bases to improve the BILLING CODE 7590±01±F Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34909

OFFICE OF MANAGEMENT AND In accordance with the Congressional $7.4 million. The deferral affects the BUDGET Budget and Impoundment Control Act Social Security Administration. of 1974, I herewith report one revised William J. Clinton. Budget Rescission and Deferrals deferral of budgetary resources, totaling The White House, June 24, 1996. To the Congress of the United States: BILLING CODE 3110±01±M 34910 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34911

[FR Doc. 96–17033 Filed 7–2–96; 8:45 am] organization. The Commission is announcements, that can cause BILLING CODE 3110±01±C publishing this notice to solicit temporary order imbalances and comments on the proposed rule change otherwise disrupt the market for stocks from interested persons. that underlie options traded on CBOE. In these situations stock prices may OFFICE OF PERSONNEL I. Self-Regulatory Organization’s move sharply, and Exchange market- MANAGEMENT Statement of the Terms of Substance of makers may not have time to adjust the Proposed Rule Change Federal Salary Council their options quotes in the numerous The CBOE proposes to amend CBOE series of options that overlie these AGENCY: Office of Personnel Rule 6.6, Unusual Market Conditions, to stocks. This may result in published Management. give the Order Book Official (‘‘OBO’’) or options quotes that do not reflect ACTION: Notice of meeting. the Post Director authority to turn off current stock prices. Because orders sent the Exchange’s Retail Automatic to RAES are executed automatically at SUMMARY: According to the provisions of Execution System (‘‘RAES’’) for a class published quotations, customers may section 10 of the Federal Advisory or classes of options and for a short receive executions at unrealistic prices, Committee Act (P.L. 92–463), notice is period of time when, in the judgement some at a price more favorable than fair hereby given that the forty-ninth of that OBO or Post Director, there is market prices and some less favorable meeting of the Federal Salary Council unusual market activity in such options than fair market prices. will be held at the time and place or their underlying securities. Exchange Rule 6.6 currently shown below. At the meeting the authorizes two Floor Officials to Council will continue discussing issues II. Self-Regulatory Organization’s Statement of the Purpose of, and respond to this situation by declaring relating to locality-based comparability the market in particular classes of payments authorized by the Federal Statutory Basis for, the Proposed Rule Change options to be ‘‘fast,’’ and then turning Employees Pay Comparability Act of off RAES (and taking other action) until 1990 (FEPCA). The meeting is open to In its filing with the Commission, the there has been time for prices to be the public. self-regulatory organization included adjusted. Because of the speed with DATES: July 25, 1996, at 10:00 a.m. statements concerning the purpose of which computerized order routing ADDRESSES: Office of Personnel and basis for the proposed rule change systems can direct orders to RAES, and Management, 1900 E Street NW., Room and discussed any comments it received because RAES itself provides for 7B09, Washington, DC. on the proposed rule change. The text instantaneous automatic executions, FOR FURTHER INFORMATION CONTACT: of these statements may be examined at there can be a significant number of Ruth O’Donnell, Chief, Salary Systems the places specified in Item IV below. executions at stale prices during the Division, Office of Personnel The self-regulatory organization has several minutes that it might take for Management, 1900 E Street NW., Room prepared summaries, set forth in two Floor Officials to declare a fast 6H31, Washington, DC 20415–0001. Sections (A), (B) and (C) below, of the market. By authorizing OBOs and Post Telephone number: (202) 606–2838. most significant aspects of such Directors to turn off RAES for up to five statements. For the President’s Pay Agent: minutes, the response time to such a Lorraine A. Green, (A) Self-Regulatory Organization’s situation will be considerably shortened, and the number of Deputy Director. Statement of the Purpose of, and executions at stale prices should be [FR Doc. 96–16943 Filed 7–2–96; 8:45 am] Statutory Basis for, the Proposed Rule Change reduced accordingly. In this respect, the BILLING CODE 6325±01±M proposed rule change is not unlike the The purpose of the proposed rule recently approved rule change that change is to add a new paragraph (e) to authorized Post Directors or OBOs to SECURITIES AND EXCHANGE CBOE Rule 6.6 that will authorize suspend trading in specified classes of COMMISSION OBOs, and, in the case of options traded options for up to five minutes when at Designated Primary Market-Maker there is a trading halt or suspension of [Release No. 34±37364; File No. SR±CBOE± (‘‘DPM’’) stations, Post Directors 96±36] trading in the underlying security in the temporarily to deactivate RAES in primary market.2 There, as is proposed specified classes of options traded at the Self-Regulatory Organizations; Notice here, authority is given to the OBO or posts where such persons are stationed of Filing of Proposed Rule Change by Post Director to deal quickly and on an when in their judgement such action is the Chicago Board Options Exchange, interim basis with a situation where warranted by an influx of orders or Inc. Relating to the Interruption of immediate response is called for, other unusual market conditions in such RAES Due to Unusual Market Activity pending further consideration of the options or their underlying securities matter by two Floor Officials. June 25, 1996. and the OBO or Post Director It is anticipated that in most instances Pursuant to Section 19(b)(1) of the determines that such action is where RAES is deactivated by an OBO Securities Exchange Act of 1934 appropriate in the interests of or Post Director, the period of time 1 (‘‘Act’’), notice is hereby given that on maintaining a fair and orderly market. when RAES is unavailable should be June 12, 1996, the Chicago Board Whenever such action is taken, notice very brief, lasting less than five minutes. Options Exchange, Incorporated thereof shall immediately be given to Even then, orders will continue to be (‘‘CBOE’’ or ‘‘Exchange’’) filed with the two Floor Officials who may continue delivered to the trading crowd via the Securities and Exchange Commission the deactivation of RAES for more than Exchange’s electronic order routing (‘‘Commission’’) the proposed rule five minutes or take such actions as they system (‘‘ORS’’) and the trading crowd change as described in Items I, II, and deem necessary pursuant to their will remain obligated to fill customer III below, which Items have been authority under Rule 6.6. prepared by the self-regulatory This rule change is being proposed to 2 File No. SR–CBOE–95–44 approved in Exchange permit a more immediate response to Act Release No. 36135 (August 22, 1995), 60 FR 1 15 U.S.C. 78s(b)(1) (1988). events, such as significant news 44921. 34912 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices orders in accordance with Exchange IV. Solicitation of Comments granting approval of the proposed rule rules, including the firm quote rule.3 change. Interested persons are invited to Members will be notified of any submit written data, views and I. Description deactivation of RAES in particular arguments concerning the foregoing. classes of options by an OBO or a Post As part of GSCC’s continuous process Persons making written submissions Director pursuant to proposed Rule of reviewing its risk management should file six copies thereof with the 6.6(e) by means of a message that is mechanism, GSCC has made various Secretary, Securities and Exchange printed at each trading post on the floor enhancements and revisions to that Commission, 450 Fifth Street, N.W., and is transmitted to terminals mechanism. The design of the risk Washington, D.C. 20549. Copies of the throughout the floor over the Exchange’s management process for GSCC’s newly submission, all subsequent TextNet system. implemented netting service for amendments, all written statements repurchase agreements (‘‘repos’’) and The Exchange believes that the with respect to the proposed rule recommendations made by Commission proposed rule change is consistent with change that are filed with the staff during their inspection of GSCC and furthers the objectives of Section Commission, and all written last year provided the impetus for 6(b)(5) of the Act in that, by permitting communications relating to the certain of the enhancements and the Exchange to act expeditiously to proposed rule change between the revisions. Each of the changes to GSCC’s prevent automatic executions of options Commission and any person, other than risk management process is described in transactions at stale prices in the event those that may be withheld from the detail below. of significant news announcements or public in accordance with the other potentially disruptive situations, it provisions of 5 U.S.C. 552, will be A. Change in the Clearing Fund is designed to promote just and available for inspection and copying in Formula equitable principles of trade, to remove the Commission’s Public Reference 1. Funds Adjustment Component impediments to and perfect the Section, 450 Fifth Street, N.W., mechanism of a free and open market Washington, D.C. Copies of such filing There are three components to a and a national market system, and to will also be available for inspection and netting member’s clearing fund deposit protect investors and the public interest. copying at the principal office of the requirement: (1) the funds adjustment above-mentioned self-regulatory component, (2) the receive/deliver (B) Self-Regulatory Organization’s settlement component, and (3) the repo Statement on Burden on Competition organization. All submissions should refer to File No. SR–CBOE–96–36 and volatility component. The sum of the The Exchange does not believe that should be submitted by July 24, 1996. three components is a member’s total clearing fund deposit requirement. The the proposed change will impose any For the Commission, by the Division of burden on competition. first component of the clearing fund, the Market Regulation, pursuant to delegated funds adjustment component, addresses 4 (C) Self-Regulatory Organization’s authority. the potential risk that a member might Statement on Comments on the Margaret H. McFarland, not pay a funds-only settlement amount Proposed Rule Change Received From Deputy Secretary. due to GSCC.3 Members, Participants, or Others [FR Doc. 96–16921 Filed 7–2–96; 8:45 am] Prior to this amendment, the funds adjustment component was 125% of the Written comments on the proposed BILLING CODE 8010±01±M average of a member’s ten largest funds- rule change were neither solicited nor only settlement amounts measured on received. [Release No. 34±37368; File No. SR±GSCC± an absolute basis during the most recent 4 III. Date of Effectiveness of the 96±01] seventy-five business days. Under the Proposed Rule Change and Timing for proposed rule change, the funds Commission Action Self-Regulatory Organizations; adjustment component is now 100% of Government Securities Clearing the average of the member’s twenty Within 35 days of the date of Corporation; Order Approving a largest funds-only settlement amounts publication of this notice in the Federal Proposed Rule Change Relating to the during the most recent seventy-five Register or within such longer period (i) Enhancement of Risk Management business days.5 However, GSCC retains as the Commission may designate up to Processes the right to reinstitute at its discretion 90 days of such date if it finds such longer period to be appropriate and June 25, 1996. 3 Historically, this component has represented publishes its reasons for so finding or about ten percent of the total clearing fund On January 5, 1996, the Government (ii) as to which the self-regulatory requirement. Securities Clearing Corporation 4 organization consents, the Commission Prior to the implementation of GSCC’s netting (‘‘GSCC’’) filed with the Securities and service for repos, GSCC’s rules required will: Exchange Commission (‘‘Commission’’) computation of the average of a member’s absolute (a) by order approve such proposed the proposed rule change (File No. SR– funds amounts over the prior twenty business days. rule change, or Securities Exchange Act Release No. 36491 GSCC–96–01) pursuant to Section (November 17, 1995), 60 FR 61577 (order approving (b) institute proceedings to determine 19(b)(1) of the Securities Exchange Act proposed rule change). whether the proposed rule change of 1934 (‘‘Act’’).1 Notice of the proposal 5 This change has been made to both paragraphs should be disapproved. was published in the Federal Register (b) and (d) of Rule 4, Section 2 of GSCC’s rules. 2 Paragraph (b) applies to bank netting members, on March 13, 1995. No comment letters Category 1 dealer netting members, Category 1 3 The firm quote rule, which obligates the trading were received. For the reasons futures commission merchant netting members, crowd to fill public orders for up to 10 contracts discussed below, the Commission is Category 2 inter-dealer broker netting members, at published quotes, remains in effect unless government securities issuer netting members, suspended by two Floor Officials acting under Rule insurance company netting members, and registered 6.6(b) in the event of a fast market. The proposed 4 17 CFR 200.30–3(a) (12). investment company netting members. Paragraph rule change would not authorize an OBO or DPM 1 15 U.S.C. 78s(b)(1) (1988). (d) applies to Category 2 dealer netting members to declare a fast market or suspend the firm quote 2 Securities Exchange Act Release No. 36933 and Category 2 futures commission merchant rule. (March 6, 1996), 61 FR 10045. netting members. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34913 all or a part of the twenty-five percent the required clearing fund deposit. its margin factors without first obtaining cushion for a temporary period. For GSCC rarely used the alternative Commission approval through a formal example, GSCC might reinstitute this calculation under subsection (g)(i), rule filing process. cushion during volatile market which disregards when-issued trades GSCC has revised its rules to permit conditions. that have been issued. Subsection (g)(ii) the Committee to lower a margin factor 2. Receive/Deliver Settlement has been made obsolete by the changes subject to a predefined limitation if the Component approved in GSCC’s filing pertaining to Committee determines it appropriate its repo netting service.10 based on its review of historical price The second component of the clearing With respect to Category 2 dealer or volatility data and if the GSCC Board of fund requirement is the receive/deliver Category 2 futures commission Directors approves such a lower margin settlement component, which is based merchant members, the receive/deliver factor. With respect to GSCC netting on the size and nature of a member’s net settlement component was the largest of members other than Category 2 dealer settlement positions. The receive/ (1) the member’s total gross margin members and futures commission deliver component for GSCC netting without offsets, (2) the member’s total merchant members, the predefined members other than Category 2 dealer or gross margin without offsets and limitation permits GSCC to reduce a Category 2 future commission merchant excluding positions due to settle that margin factor to a level that is no lower 6 members is the largest of the following day, or (3) the average of the member’s than the higher of (1) the price volatility four calculations based on a member’s largest ten gross margin amounts over for that remaining maturity category 7 gross margin: the most recent seventy-five business taking into account ninety-five percent (1) Post-Offset Margin Amount days. GSCC has revised the third of all movements during the last (‘‘POMA’’): The POMA essentially is a calculation to use the average of the calendar quarter or (2) the price member’s total gross margin taking into largest twenty gross margin amounts volatility for that remaining maturity account allowable offset percentages.8 over the most recent seventy-five category taking into account ninety-five (2) Average POMA: Prior to this business days. percent of all movements during the last amendment, the average POMA calendar year. With respect to the typically was based on a member’s ten 3. Repo Volatility Component highest POMA amounts occurring in the margin factors for Category 2 dealer The third component of the clearing most recent seventy-five business days, members and futures commission fund requirement is the repo volatility including the current day’s POMA merchant members, the limitation component. This component was amount. Under the proposed rule provides that GSCC can reduce a margin recently added to GSCC’s clearing fund change, GSCC will now use an average factor to a level that is no lower than the formula to cover securities’ settlement of the twenty largest POMA amounts higher of (1) the price volatility for that exposure posed by repo activity. The during the most recent seventy-five remaining maturity category taking into repo volatility component was the business days. account ninety-nine percent of all (3) Adjusted POMA: The adjusted greater of (1) the product of the repo movements during the last calendar POMA is calculated the same way as the volatility factor and the market value of quarter or (2) the price volatility for that POMA with the exception of excluding the member’s repo transactions taking remaining maturity category taking into all trades that are scheduled to settle on into account allowable offset account ninety-nine percent of all the current day.9 percentages (‘‘repo offset amount’’) or movements during the last calendar (4) Liquidation Amount: This is a (2) the average of a member’s ten highest year. repo offset amounts over the most recent floor amount which previously equalled C. Revision of Certain Margin Factors fifty percent of the total gross margin on seventy-five business days. GSCC has revised the second element of this for Zero-Coupon Government Securities all long and short positions without Other Than Treasury Bills (‘‘Zeros’’) offsets. The proposed rule change calculation to take the average of a lowers this amount to twenty-five member’s twenty highest repo offset As noted above, GSCC’s margin percent. amounts over the most recent seventy- factors are based on an assessment of The proposed rule change also deletes five business days. historical daily price volatility data. Zeros require different margin factors sections (2)(g)(i) and (2)(g)(ii) of Rule 4 B. Providing GSCC With Discretion, than other Treasury securities because regarding alternative formulas for the Within Parameters, To Lower Margin zeros generally are subject to greater receive/deliver settlement component of Factors price volatility than are other Treasury 12 6 GSCC’s method of calculating the receive/ GSCC’s Membership and Standards securities with the same maturity. The deliver/settlement component for Category 2 dealer Committee (‘‘Committee’’) reviews on applicable margin percentages for zeros and Category 2 futures commission merchant an ongoing basis the appropriateness of range from percentages that are the same members is set forth below. its margin factors 11 by examining third- as those for other Treasury securities 7 Gross margin is the product of GSCC’s margin factors multiplied by the dollar value of a member’s party price volatility data and GSCC’s with respect to shorter-term maturities current outstanding net settlement position. GSCC’s own short-term and long-term data to percentages that are two-and-a-half margin factors are designed to estimate daily covering ninety-five and ninety-nine times the percentages applicable to security price movements, are expressed as percent of all price movements. other Treasury securities with respect to percentages, and are determined by historical daily 13 price volatility. See Section 4 below for a However, prior to this amendment, long-term maturities. discussion of GSCC’s margin factors. GSCC was not allowed to lower any of 8 Margin amounts on receive (long) and deliver 12 GSCC’s margin factor schedule for zeros is (short) positions are allowed to offset each other. 10 Supra note 4. contained in GSCC’s filing. A copy of the filing is The extent to which an offset is allowed is 11 As defined in GSCC’s rules, margin factors and available for copying and inspection in the determined by product and the degree of similarity Category 2 margin factors are percentage, which Commission’s Public Reference Room. in time remaining to maturity. GSCC publishes from time to time, representing 13 These differences initially were based on the 9 This is done based on the assumption that those variations weighted by maturity and product type. differences in the amount of haircut factors between trades will settle on the current day; thus, These margin factors are used in GSCC Rule 4, zeros and other Treasury securities found in the calculating POMA in this manner will more Section 2 to calculate the receive/deliver settlement United States Treasury Department’s liquid capital accurately reflect GSCC’s settlement exposure component of the required fund deposit for GSCC’s requirements for government securities brokers and during the current day. members described above in Section 2. dealers. 34914 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Prior to this filing, the margin factors financial disclosures, including interim clearing fund deposit level exceeds by for zeros in several categories were well and/or pro forma reports. more than $250,000 the value of its above the price volatility that GSCC’s GSCC will place a netting member on clearing fund collateral, (3) a member is internal data show for such categories Class 2 surveillance status if one or on surveillance status and its required under any measure. GSCC has lowered more of a number of factors is present. clearing fund deposit as of the current the applicable margin factor for zeros in These factors include but are not limited day exceeds the value of its clearing the seven to ten years remaining to (1) any element of a member’s capital fund collateral, or (4) a member’s maturity category from 1.870 percent to position falls below the minimum ‘‘clearing fund funds-only settlement 1.50 percent. GSCC has lowered the requirements, (2) a member has been amount,’’ which excludes clearance applicable margin factor for the ten to upgraded from Class 3 surveillance difference, invoice amount, and other fifteen years remaining maturity status within the last three calendar miscellaneous amounts, for the current category from 2.813 percent to 1.813 months, (3) a member temporarily day exceeds by more than twenty-five percent. GSCC has lowered the experiences an inability to meet its percent its average daily clearing fund applicable margin factor for the fifteen securities settlement obligations to funds-only settlement amount over the 17 years and higher remaining maturity GSCC in a timely fashion, and (4) a most recent twenty business days. The fourth circumstance, a twenty- category from 3.625 percent to 2.625 member’s designated examining five percent jump in the member’s percent. authority or appropriate regulatory agency has a pending action against or clearing fund funds-only settlement D. Introduction of a Tiered Surveillance investigation of the member that could amount, has rarely been used and is Status Mechanism call into question the member’s ability now eliminated.18 A clearing fund to meet its obligations to GSCC. In deficiency call that is based on a GSCC is placing members that pose a addition to the consequences resulting member being on surveillance status can heightened level of potential risk to from placement on Class 1 surveillance now be invoked only if a member is on GSCC in various classes of surveillance status, a member placed on Class 2 Class 2 or Class 3 surveillance status. status instead of in one surveillance surveillance status will be required to Finally, because GSCC has the authority status.14 GSCC’s rules required that a maintain a required fund deposit in to make clearing fund deficiency calls member be placed on surveillance status excess of the amount ordinarily on a same day basis, GSCC’s rule if one or more of a number of required, as permitted under GSCC’s permitting GSCC automatically to make circumstances is present. These rules. a clearing fund deficiency call at the circumstances include, but are not A GSCC netting member will be beginning of each month has been limited to, a significant reorganization placed on Class 3 surveillance status if deleted. or change in control or management of GSCC is considering taking action under F. Elimination of the Noon Deadline for the member. In addition, GSCC could GSCC Rule 18 (Ceasing to Act for a Satisfaction of Clearing Fund Deficiency place a member on surveillance status if Member) or GSCC Rule 20 (Insolvency Calls one or more of a number of factors, such 16 of a Member). A GSCC netting member By 9:00 a.m., GSCC issues by as a member experiencing a condition on Class 3 surveillance status will be telephone calls followed by telefax that could materially affect its financial placed on a final notification list. A notices calls for additional clearing fund or operational capability so as to netting member will remain on such deposits by 9:00 a.m. The exact time potentially increase GSCC’s exposure to final notification list until the that each telephone call is made is loss or liability, was present. condition(s) that resulted in its recorded. Prior to this filing, a member The proposed rule change establishes assignment to Class 3 surveillance status had until the later of two hours after the three surveillance categories. A member have improved to an extent that GSCC receipt of a clearing fund deficiency call will be placed on Class 1 surveillance deems appropriate to support or noon to satisfy the call. status if one or more of a number of reassignment of the member to Class 2 GSCC’s long term goal is to develop factors pertaining to its financial surveillance status. an automated mechanism pursuant to condition is present,15 if it has been E. Simplification of the Clearing Fund which it will be in receipt of clearing placed on surveillance status by another Deficiency Call Mechanism fund collateral by the time that the self-regulatory organization, or if it has securities Fedwire opens in the been upgraded from Class 2 surveillance GSCC’s rules permit GSCC to make morning, which is currently at 8:30 a.m. status within the past three calendar clearing fund deficiency calls on a same As an interim step toward achieving this months. Class 1 surveillance status will day basis under the following four goal, GSCC is eliminating the noon circumstances: (1) a member’s current result in GSCC more thoroughly alternative deadline for satisfaction of day’s required clearing fund deposit monitoring a member’s financial clearing fund deficiency call and is exceeds by twenty-five percent the condition and activities and will requiring a member to satisfy a value of its clearing fund collateral, (2) provide GSCC with discretion to require deficiency call within two hours after it a member’s current day’s required a member to make more frequent is received. The practical effect of this change is that, in the ordinary course, a 16 Under Rule 18 (Ceasing to Act for a Member), member will have to satisfy a deficiency 14 At the conclusion of their recent inspection of GSCC may cease to act for a member upon notice GSCC, Commission staff suggested that, in line with to such member for such reasons as: (1) the member call by approximately 11:00 a.m. what many other clearing agencies have in place, has failed to perform its obligations to GSCC or GSCC should establish different classes of materially violated any GSCC rule, procedure, or 17 The clearance difference is the dollar difference surveillance for its members. agreement, (2) the member has failed to pay GSCC between GSCC’s system price for a settlement 15 The financial condition factors that will result any payment required, (3) the member no longer obligation and the actual value at which the in Class 1 surveillance status include but are not meets its admissions or continuance standards, or settlement obligation was settled. The invoice limited to (1) a member incurring recent significant (4) the member has been responsible for fraudulent amount means all fees that a member owes GSCC. net losses, (2) a member’s required fund deposit or dishonest conduct. Under Rule 20 (Insolvency of 18 At the conclusion of their recent inspection of obligation representing a significant portion of its a Member), GSCC will cease to act for a member if GSCC, Commission staff suggested that GSCC net worth or net capital, and (3) a member such member meets one of several tests of should either monitor the funds-only deficiency experiencing any condition that could materially insolvency (e.g., such member files a petition call requirements or file with the Commission a affect its financial or operational capacity. seeking relief under the Bankruptcy Code). proposed rule change eliminating it. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34915

However, a clearing fund deficiency call changes should ensure appropriate risk For the Commission by the Division of does not need to be satisfied before protection for GSCC, while providing Market Regulation, pursuant to delegated 10:00 a.m. regardless of when the call members with increased liquidity. authority.20 actually is made. GSCC also is revising its rules to Margaret H. McFarland, permit its Membership and Standards Deputy Secretary. II. Discussion Committee to lower a margin factor [FR Doc. 96–16922 Filed 7–2–96; 8:45 am] 19 Section 17A(b)(3)(F) of the Act subject to a predefined limitation if the BILLING CODE 8010±01±M requires that the rules of a clearing Committee determines it appropriate agency be designed to assure the based on its review of historical price safeguarding of securities and funds volatility and if GSCC’s Board of [Release No. 34±37370; File No. SR±NASD± 96±23] which are in the custody or control of Directors approves such a lower margin the clearing agency or for which it is factor. The Committee reviews the Self-Regulatory Organizations; Notice responsible. The Commission believes appropriateness of its margin factors on of Filing and Immediate Effectiveness GSCC’s proposed rule change is an ongoing basis. Thus, the proposed of Proposed Rule Change by National consistent with the requirements of rule change should provide GSCC with Association of Securities Dealers, Inc. Section 17A(b)(3)(F) because the the flexibility to lower margin factors Relating to Small Order Execution proposal, by enhancing and revising more readily for the benefit of its System Tier Size Classifications GSCC’s risk management mechanism, members without compromising GSCC’s should help ensure that the mechanism risk protection. The limitation on the June 26, 1996. accurately reflects GSCC’s risk and Committee’s ability to lower margins Pursuant to Section 19(b)(1) of the provides CSCC appropriate risk (95% of all movements during the last Securities Exchange Act of 1934 protection while increasing members’ quarter or year) should ensure that (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is liquidity and minimizing the GSCC will always have a sufficient level hereby given that on June 17, 1996, the operational burdens on GSCC netting of protection. GSCC also is lowering National Association of Securities members. certain margin factors for zeros to reflect Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) Specifically, based upon its more accurately GSCC’s needs based filed with the Securities and Exchange assessment of historical data, GSCC has upon GSCC’s data at the ninety-nine Commission (‘‘Commission’’ or ‘‘SEC’’) found that certain components of its percent level over the past two years. the proposed rule change as described clearing fund formula are overly Accordingly, members will not be in Items I, II, and III below, which Items conservative. Therefore, GSCC is subject to margin requirements that have been prepared by the NASD. The revising the Average POMA calculation exceed GSCC’s current needs. Commission is publishing this notice to of the receive/deliver component, the In addition, GSCC is introducing a solicit comments on the proposed rule funds adjustment component, and the tiered surveillance status mechanism. change from interested persons. repo volatility component of its clearing The new surveillance mechanism fund formula to utilize the twenty should enable GSCC to monitor more I. Self-Regulatory Organization’s largest, rather than the ten largest, effectively the potential risk posed by its Statement of the Terms of Substance of POMA amounts, funds-only settlement members and to react more swiftly to the Proposed Rule Change amounts, and repo offset amounts changes in a member’s condition. The NASD is submitting this filing to during the most recent seventy-five Finally, as a step toward GSCC’s goal to effectuate The Nasdaq Stock Market, business days. GSCC also is modifying develop an automated mechanism by Inc.’s (‘‘Nasdaq’’) periodic the funds adjustment component of its which GSCC will receive clearing fund reclassification of Nasdaq National clearing fund formula to eliminate the collateral by the time that the securities Market (‘‘NNM’’) securities into twenty-five percent cushion in the Fedwire opens, GSCC is eliminating the appropriate tier sizes for purposes of component’s calculation. Because GSCC noon alternative deadline for determining the maximum size order for will retain the right to reinstitute at its satisfaction of a clearing fund deficiency a particular security eligible for discretion all or part of the twenty-five call and to require a member to satisfy execution through Nasdaq’s Small Order percent cushion for a temporary period, a deficiency call within two hours after Execution System (‘‘SOES’’) and the GSCC will be able to react quickly to it is received. By increasing the minimum quote size requirements for changing market conditions. GSCC also efficiency of GSCC risk management Nasdaq market makers in NNM is lowering the liquidation amount of processes, the tiered surveillance securities. Specifically, under the the receive/deliver component of its mechanism and the modifications to proposal, 728 NNM securities will be clearing fund requirement from fifty GSCC’s clearing fund deficiency call reclassified into a different SOES tier percent to twenty-five percent of the rules should help GSCC fulfill its size effective July 1, 1996. Since the total gross margin on all long and short obligation to safeguard securities and NASD’s proposal is an interpretation of positions without offsets. GSCC believes funds which are in its custody or existing NASD rules, there are no that, based on historical performance, control or for which it is responsible. language changes. the twenty-five percent floor should provide sufficient protection to GSCC III. Conclusion II. Self-Regulatory Organization’s from the risk that its margin offsets will On the basis of the foregoing, the Statement of the Purpose of, and not reflect actual market conditions Commission finds that the proposed Statutory Basis for, the Proposed Rule during a liquidation period while rule change is consistent with the Change enabling members that engage in requirements of the Act and in In its filing with the Commission, the activity on a fully hedged basis to particular Section 17A of the Act and NASD included statements concerning receive the benefits afforded by being the rules and regulations thereunder. the purpose of and basis for the fully hedged. Because these It is Therefore ordered, pursuant to proposed rule change and discussed any modifications are based upon GSCC’s Section 19(b)(2) of the Act, that the comments it received on the proposed assessment of historical data, the proposed rule change (File No. SR– rule change. The text of these statements GSCC–96–01) be and hereby is 19 15 U.S.C. § 78q–1(b)(3)(F) (1988). approved. 20 17 CFR 200.30–3(a)(12)(1995). 34916 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices may be examined at the places specified In ranking NNM securities pursuant III. Date of Effectiveness of the in Item IV below. The NASD has to the established classification criteria, Proposed Rule Change and Timing for prepared summaries, set forth in Nasdaq followed the changes dictated Commission Action Sections (A), (B), and (C) below, of the by the criteria with two exceptions. most significant aspects of such First, an issue was not moved more than The proposed rule change has become effective immediately pursuant to statements. one tier size level. For example, if an Section 19(b)(3)(A)(i) of the Act and issue was previously categorized in the (A) Self-Regulatory Organization’s subparagraph (e) of Rule 19b–4 Statement of the Purpose of, and 1,000-share tier size, it would not be thereunder in that the reranking of NNM Statutory Basis for, the Proposed Rule permitted to move to the 200-share tier securities into appropriate SOES tier Change even if the reclassification criteria sizes was done pursuant to the NASD’s showed that such a move was The purpose of the rule change is to stated policy and practice with respect warranted. effectuate Nasdaq’s periodic to the administration and enforcement reclassification of NNM securities into In adopting this policy, Nasdaq was of two existing NASD rules. Further, in appropriate tier sizes for purposes of attempting to maintain adequate public the SOES Tier Size Order, the determining the maximum size order for investor access to the market for issues Commission requested that the NASD a particular security eligible for in which the tier size level decreased provide this information as an execution through SOES and the and to help ensure the ongoing interpretation of an existing NASD rule minimum quote size requirements for participation of market makers in SOES under Section 19(b)(3)(A) of the Act. Nasdaq market makers in NNM for issues in which the tier size level At any time within sixty (60) days of securities. Nasdaq periodically reviews increased. Second, for securities priced the filing of a proposed rule change the SOES tier size applicable to each below $1 where the reranking called for pursuant to Section 19(b)(3)(A) of the NNM security to determine if the a reduction in tier size, the tier size was Act, the Commission may summarily trading characteristics of the issue have not reduced. abrogate the rule change if it appears to changed so as to warrant a tier size The NASD believes that the proposed the Commission that such action is adjustment. Such a review was necessary or appropriate in the public rule change is consistent with Section conducted using data as of March 31, interest, for the protection of investors, 15A(b)(6) of the Act. Section 15A(b)(6) 1996, pursuant to the following or otherwise in furtherance of the established criteria:1 requires, among other things, that the purposes of the Act. NNM securities with an average daily non- rules of the NASD governing the block volume of 3,000 shares or more a day, operation of The Nasdaq Stock Market IV. Solicitation of Comments a bid price less than or equal to $100, and be designed to foster cooperation and three or more market makers are subject to coordination with persons engaged in Interested persons are invited to submit written data, views, and a minimum quotation size requirement of regulating, clearing, settling, and 1,000 shares and a maximum SOES order arguments concerning the foregoing. processing information with respect to size of 1,000 shares; Persons making written submissions NNM securities with an average daily non- facilitating transactions in securities, should file six copies thereof with the block volume of 1,000 shares or more a day, and to remove impediments to and Secretary, Securities and Exchange a bid price less than or equal to $150, and perfect the mechanism of a free and Commission, 450 Fifth Street, NW., two or more market makers are subject to a open market. The NASD believes that Washington, DC 20549. Copies of the minimum quotation size requirement of 500 the reclassification of NNM securities shares and a maximum SOES order size of submission, all subsequent 500 shares; and within SOES tier size levels and amendments, all written statements NNM securities with an average daily non- minimum quotation size levels will with respect to the proposed rule block volume of less than 1,000 shares a day, further these objectives by providing an change that are filed with the a bid price less than or equal to $250, and efficient mechanism for small, retail Commission, and all written less than two market makers are subject to a investors to execute their orders on communications relating to the minimum quotation size requirement of 200 Nasdaq and by providing investors with proposed rule change between the shares and a maximum SOES order size of the assurance that they can effect trades Commission and any person, other than 200 shares. up to a certain size at the best prices those that may be withheld from the Pursuant to the application of this quoted on Nasdaq. public in accordance with the classification criteria, 728 NNM provisions of 5 U.S.C. 552, will be securities will be reclassified effective (B) Self-Regulatory Organization’s available for inspection and copying in July 1, 1996. These 728 NNM securities Statement on Burden on Competition the Commission’s Public Reference are set out in the NASD’s Notice To The NASD believes that the proposed Room. Copies of such filing will also be Members 96–40 (June 1996).2 available for inspection and copying at rule change will not result in any the principal office of the NASD. All 1 burden on competition that is not The classification criteria is set forth in NASD submissions should refer to the file Rule 4613(a)(2) and the footnote to NASD Rule necessary or appropriate in furtherance number in the caption above and should 4710(g). of the purposes of the Act. 2 Notwithstanding the NASD’s announcement in be submitted by July 24, 1996. NTM 96–40 that Microsoft and U.S. Robotics are (C) Self-Regulatory Organization’s For the Commission, by the Division of scheduled to be moved to the 500-share SOES tier Statement on Comments on the Market Regulation, pursuant to delegated size level, the NASD has determined that The 3 Nasdaq Stock Market will keep these stocks in the Proposed Rule Change Received from authority. 1,000-share tier level. Even though these stocks fall Members, Participants, or Others Margaret H. McFarland, within the 500-share tier level, pursuant to the Deputy Secretary. criteria for determining tier levels, the NASD has Written comments were neither determined to keep these stocks at the 1,000-share solicited nor received. [FR Doc. 96–16923 Filed 7–2–96; 8:45 am] level because of their large market capitalization BILLING CODE 8010±01±M and high trading volume. See, letter to Howard L. Kramer, Associate Director, Office of Market from Thomas R. Gira, Associate General Counsel, Supervision, Division of Market Regulation, SEC, The Nasdaq Stock Market, Inc., dated June 25, 1996. 3 17 CFR 200.30–3(a)(12) (1989). Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34917

[Release No. 34±37365; File No. SR±PSE± Rule 6.35, at least 75% of the trading 6(b)(5), in particular, in that it is 96±17] activity of a market maker (measured in designed to facilitate transactions in terms of contract volume per quarter) securities, to remove impediments to a Self-Regulatory Organizations; Notice shall be in classes of option contracts to free and open market, and to promote of Filing of Proposed Rule Change by which his or her primary appointment just and equitable principles of trade. the Pacific Stock Exchange, Inc. extends.3 Relating to Joint Accounts With regard to joint accounts, PSE (B) Self-Regulatory Organization’s Statement on Burden on Competition June 25, 1996. Rule 6.84, Commentary .05 currently Pursuant to Section 19(b)(1) of the provides that the primary appointment The Exchange does not believe that Securities Exchange Act of 1934 of a market maker may not include the proposed rule change will impose (‘‘Act’’),1 notice is hereby given that on trading posts which constitute the any burden on competition that is not June 11, 1996, the Pacific Stock primary appointment of any market necessary or appropriate in furtherance Exchange Incorporated (‘‘PSE’’ or maker with whom he or she has a joint of the purposes of the Act. account. The rule further provides that, ‘‘Exchange’’) filed with the Securities (C) Self-Regulatory Organization’s for the purposes of evaluating market and Exchange Commission Statement on Comments on the (‘‘Commission’’) the proposed rule maker performance in accordance with PSE Rule 6.37, Commentary .04, Proposed Rule Change Received From change as described in Items I, II, and Members, Participants, or Others III below, which Items have been contract volume in the joint account prepared by the self-regulatory will be assigned to the participants who Written comments on the proposed organization. The Commission is effected the transactions for the joint rule change were neither solicited nor publishing this notice to solicit account, under the same guidelines as if received. comments on the proposed rule change they effected the transactions for their III. Date of Effectiveness of the own account. from interested persons. Proposed Rule Change and Timing for The Exchange proposes to eliminate Commission Action I. Self-Regulatory Organization’s the provision in Commentary .05 to Statement of the Terms of Substance of Rule 6.84 that prohibits joint account Within 35 days of the date of the Proposed Rule Change participants from having overlapping publication of this notice in the Federal The PSE proposes to amend its rules primary appointment zones. The Register or within such longer period (i) to eliminate a provision that prohibits Exchange believes that this rule places as the Commission may designate up to members who are registered to trade for an unnecessary burden on member 90 days of such date if it finds such the same joint account from having firms with joint accounts that may longer period to be appropriate and overlapping primary appointment zones desire to have overlapping primary publishes its reasons for so finding or on the Options Floor. zones for their market makers in order (ii) as to which the self-regulatory to allow for continuous coverage when organization consents, the Commission II. Self-Regulatory Organization’s participant market makers are will: Statement of the Purpose of, and temporarily absent from the floor due to (a) by order approve such proposed Statutory Basis for, the Proposed Rule illness or vacation. The Exchange also rule change, or Change believes that the current procedure of (b) institute proceedings to determine In its filing with the Commission, the requiring substitute market makers to whether the proposed rule change self-regulatory organization included seek an exemption from Rule 6.35 (or should be disapproved. statements concerning the purpose of alternatively to assure that the volume IV. Solicitation of Comments and basis for the proposed rule change of their trading outside their primary and discussed any comments it received zone does not exceed 25% of their total Interested persons are invited to on the proposed rule change. The text volume), is not efficient. Moreover, the submit written data, views and of these statements may be examined at Exchange believes that Rule 6.40, arguments concerning the foregoing. the places specified in Item IV below. Financial Arrangements of Market Persons making written submissions The self-regulatory organization has Makers, which prohibits participants in should file six copies thereof with the prepared summaries, set forth in the same joint account from trading in Secretary, Securities and Exchange Sections (A), (B), and (C) below, of the the same trading crowd at the same Commission, 450 Fifth Street, N.W., most significant aspects of such time, will address any concerns that Washington, D.C. 20549. Copies of the statements. joint account participants may attempt submission, all subsequent to dominate unfairly the market in a amendments, all written statements (A) Self-Regulatory Organization’s particular option issue or option series.4 with respect to the proposed rule Statement of the Purpose of, and Finally, the Exchange proposes, for change that are filed with the Statutory Basis for, the Proposed Rule purposes of greater clarity, to eliminate Commission, and all written Change the cross-reference to Rule 6.37, communications relating to the PSE Rule 6.35 currently provides that Commentary .04 that is contained in proposed rule change between the each market maker shall be assigned a Rule 6.84, Commentary .05 and to Commission and any person, other than Primary Appointment Zone comprising replace it with a cross reference to Rule those that may be withheld from the a minimum of one trading post up to a 6.35, Commentary .03. public in accordance with the maximum of six contiguous trading The Exchange believes that the provisions of 5 U.S.C. 552, will be posts.2 Under Commentary .03 to PSE proposal is consistent with Section 6(b) available for inspection and copying in of the Act, in general, and Section the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1) (1988). Section, 450 Fifth Street, N.W., 2 Previously, market makers were restricted to that may be included in each market maker’s Washington, D.C. Copies of such filing Primary Appointment Zones comprising one Primary Appointment Zone). will also be available for inspection and trading post or two contiguous trading posts. See 3 PSE Rule 6.35, Commentary .03 provides an Securities Exchange Act Release No. 36370 (October exception for unusual circumstances. copying at the principal office of the 13, 1995), 60 FR 54273 (approving increase from 4 See also File No. SR–PSE–96–12 (proposal to above-mentioned self-regulatory two to six in the maximum number of trading posts amend Rule 6.40). organization. All submissions should 34918 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices refer to File No. SR–PSE–96–17 and to temporary intrafirm transfers of member transfers his or her membership should be submitted by July 24, 1996. membership.3 to another person, one a one-day basis, For the Commission, by the Division of The text of the proposed rule change on more than two separate occasions Market Regulation, pursuant to delegated is available at the Office of the during a 30-day period. In such authority.5 Secretary, PSE, and at the Commission. situations, the member would be Margaret H. McFarland, II. Self-Regulatory Organization’s charged $50 for each one-day transfer of Deputy Secretary. Statement of the Purpose of, and membership. In addition, if a member [FR Doc. 96–16924 Filed 7–2–96; 8:45 am] Statutory Basis for, the Proposed Rule notifies the PSE of a one-day transfer, and that member is later unable to BILLING CODE 8010±01±M Change return to the floor for a consecutive In its filing with the Commission, the period of from two to 30 days, that [Release No. 34±37373; File No. SR±PSE± Exchange included statements member would be charged a maximum 96±22] concerning the purpose of and basis for fee of $100. the proposed rule change and discussed The Exchange also proposes to amend Self-Regulatory Organizations; Notice any comments it received on the its Schedule of Rates with regard to of Filing and Immediate Effectiveness proposed rule change. The text of these ‘‘temporary’’ transfers of membership by of Proposed Rule Change by the statements may be examined at the specifying that such transfers are for a Pacific Stock Exchange, Inc. Relating prices specified in Item IV below. The period of less than 30 days.5 In addition, to the Establishment of a $50 Fee for Exchange has prepared summaries, set the PSE proposes to eliminate a One-Day Transfers of Membership forth in sections (A), (B), and (C) below, reference in the provision governing of the most significant aspects of such temporary transfers to ‘‘interfirm’’ June 26, 1996. statements. Pursuant to Section 19(b)(1) of the transfers of membership, so that the Securities Exchange Act of 1934 (A) Self-Regulatory Organization’s $100 fee will apply solely to temporary (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is Statement of the Purpose of, and the ‘‘intrafirm’’ transfers of membership.6 hereby given that on June 21, 1996, the Statutory Basis for, the Proposed Rule Statutory Basis Pacific Stock Exchange, Inc. (‘‘PSE’’ or Change The PSE believes that the proposal is ‘‘Exchange’’) filed with the Securities Purpose and Exchange Commission consistent with Section 6(b) of the Act, (‘‘Commission’’) the proposed rule The PSE proposes to adopt a $50 fee in general, and with Section 6(b)(4), in change as described in Items I, II and III for members who transfer their particular, in that it provides for the below, which Items have been prepared membership rights, on a one-day basis, equitable allocation of reasonable to other members of the same firm. This by the PSE. The Commission is charges among its members. change is intended to address situations publishing this notice to solicit where floor members are unable to be (B) Self-Regulatory Organization’s comments on the proposed rule change present on the trading floor for one day Statement on Burden on Competition from interested persons. and need to have substitute coverage on The PSE does not believe that the I. Self-Regulatory Organization’s the floor for that day. Under the proposed rule change will impose any Statement of the Terms of Substance of proposal, members who expect to be burden on competition that is not the Proposed Rule Change away from the floor for one day will necessary or appropriate in furtherance Currently, the PSE’s Schedule of Rates notify the Exchange of the proposed of the purposes of the Act. transfer and the Exchange will bill them for Exchange Services (‘‘Schedule of (C) Self-Regulatory Organization’s Rates’’) provides a fee of $100 for $50. The Schedule of Rates currently Statement on Comments on the temporary intrafirm or interfirm provides for a fee of $100 for Proposed Rule Change Received From transfers of membership.1 The PSE ‘‘temporary’’ transfers of membership.4 Members, Participants or Others proposes to amend the Schedule of That fee is intended to cover transfers of Written comments on the proposed Rates to: (1) establish a fee of $50 for membership that last longer than one rule change were neither solicited or one-day intrafirm transfers of day (but less than 30 days), such as received. membership; (2) specify that a when a floor member takes a vacation. ‘‘temporary’’ transfer of membership is III. Date of Effectiveness of the The Exchange believes that the for a period of less than 30 days; 2 and Proposed Rule Change and Timing for proposed one-day intrafirm transfer fee (3) eliminate a reference to ‘‘interfirm’’ Commission Action will provide an equitable alternative to temporary transfers of membership, so the $100 temporay transfer fee for Because the foregoing rule change that the $100 fee for temporary members who are away from the floor establishes or changes a due, fee or membership transfers will apply solely for just one day. In addition, the PSE other charge imposed by the Exchange, notes that the proposal will address it has become effective pursuant to 5 17 CFR 200.30–3(a)(12). Section 19(b)(3)(A) of the Act and 1 Currently, PSE Rule 1.10(a), ‘‘Initial, Transfer more directly situations in which a and Processing Fees,’’ also provides for interfirm subparagraph (e) of Rule 19b–4 and intrafirm transfer fees. In a separate rule filing, 3 According to the PSE, temporary transfers of thereunder. At any time within 60 days the PSE has proposed to delete the transfer fees membership occur only between members of the of the filing of the proposed rule change, from PSE Rule 1.10(a). Under that proposal, PSE same firm, not between firms. Thus, the proposal the Commission may summarily Rule 1.23, ‘‘Transfer of Membership,’’ will govern eliminates an inaccurate reference to temporary membership transfers but will not contain a fee ‘‘interfirm’’ transfers of membership. Telephone abrogate such rule change if it appears schedule. See Securities Exchange Act Release No. conversation between Michael Pierson, Senior 37076 (April 5, 1996), 61 FR 16152 (April 11, 1996) Attorney, Market Regulation, PSE, and Yvonne 5 The $100 fee for a temporary transfer of (notice of filing of proposed rule change for File No. Fraticelli, Attorney, Office of Market Supervision, membership was implemented in 1995. See SR–PSE–96–07). Division of Market Regulation, Commission, on Securities Exchange Act Release No. 35817 2 The $100 fee for temporary membership June 24, 1996. (September 5, 1995), 60 FR 47417 (September 12, transfers applies to transfers lasting for a 4 In addition, the Schedule of Rates provides a 1995) (Notice of filing and immediate effectiveness consecutive period lasting from two days to less $250 fee for permanent intrafirm or interfirm for File No. SR–PSE–95–19). than 30 days. transfers of membership. 6 See note 3, supra. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34919 to the Commission that such action is Place, Suite 300, Atlanta, GA 30308, Agricultural Act of 1956, as amended (7 necessary or appropriate in the public or other locally announced locations. U.S.C. 1854). interest, for the protection of investors, The interest rates are: At the request of the Office of the U.S. or otherwise in furtherance of the Trade Representative (USTR), directives For Physical Damage purposes of the Act. from CITA to the Commissioner of Homeowners With Credit Available IV. Solicitation of Comments Customs, issued on May 15, 1996 (61 FR Elsewhere—7.625%. 24919) and June 12, 1996 (61 FR 30597) Interested persons are invited to Homeowners Without Credit amended previous directives from CITA submit written data, views and Available Elsewhere—3.875%. to the Commissioner of Customs, issued arguments concerning the foregoing. Businesses With Credit Available November 30, 1995 (60 FR 62413) and Persons making written submissions Elsewhere—8.000%. December 13, 1995 (60 FR 65292), to should file six copies thereof with the Businesses and Non-Profit facilitate the establishment of staged Secretary, Securities and Exchange Organizations Without Credit Available entry periods for certain goods Commission, 450 Fifth Street, NW., Elsewhere—4.000%. produced or manufactured in the Washington, DC 20549. Copies of the Others (Including Non-Profit People’s Republic of China and submission, all subsequent Organizations) With Credit Available exported from China for the 30-day amendments, all written statements Elsewhere—7.125%. periods beginning on May 15, 1996 with respect to the proposed rule For Economic Injury through June 13, 1996 and June 14, 1996 change that are filed with the through July 13, 1996. Commission, and all written Businesses and Small Agricultural Based on the measures that China has communications relating to the Cooperatives Without Credit Available and will take in the future to implement proposed rule change between the Elsewhere—4.000%. key elements of the 1995 Agreement on Commission and any person, other than The numbers assigned to this disaster Enforcement of Intellectual Property those that may be withheld from the for physical damage are 286806 for Rights and Market Access, USTR on public in accordance with the Indiana and 286906 for Michigan. June 21, 1996 requested the provisions of 5 U.S.C. 552, will be For economic injury the numbers are Commissioner of Customs to terminate available for inspection and copying in 894900 for Indiana and 895000 for the above-referenced staged entry the Commission’s Public Reference Michigan. periods in accordance with section 301 Section, 450 Fifth Street, NW., (Catalog of Federal Domestic Assistance of the Trade Act of 1974, as amended Washington, DC 20549. Copies of such Program Nos. 59002 and 59008) (see 61 FR 33147, published on June 26, filing will also be available for Dated: June 24, 1996. 1996). inspection and copying at the principal John T. Spotila, The action taken in the letter below office of the Exchange. All submissions Acting Administrator. will facilitate implementation of USTR’s should refer to the file number in the [FR Doc. 96–16981 Filed 7–2–96; 8:45 am] directive to the Commissioner of caption above and should be submitted BILLING CODE 8025±01±M Customs dated June 21, 1996. by July 24, 1996. D. Michael Hutchinson, For the Commission, by the Division of Acting Chairman, Committee for the Market Regulation, pursuant to delegated COMMITTEE FOR THE Implementation of Textile Agreements. authority.7 IMPLEMENTATION OF TEXTILE Committee for the Implementation of Textile Margaret H. McFarland, AGREEMENTS Agreements Deputy Secretary. June 26, 1996. [FR Doc. 96–16925 Filed 7–2–96; 8:45 am] Amendment to Earlier Directives to Commissioner of Customs, BILLING CODE 8010±01±M Reflect Cancellation of Staged Entry Department of the Treasury, Washington, DC Periods for Certain Cotton, Wool, Man- 20229. Made Fiber, Silk Blend and Other Dear Commissioner: This directive SMALL BUSINESS ADMINISTRATION Vegetable Fiber Textiles and Textile amends, but does not cancel, the directives Products and Silk Apparel Products issued to you on November 30, 1995 and # [Declaration of Disaster Loan Area 2868] Produced or Manufactured in the December 13, 1995, by the Chairman, People's Republic of China Committee for the Implementation of Textile Indiana; Declaration of Disaster Loan Agreements (CITA). Those directives concern Area June 26, 1996. imports of certain silk apparel and certain cotton, wool, man-made fiber, silk blend and AGENCY: St. Joseph County and the contiguous Committee for the other vegetable fiber textile products, counties of Elkhart, LaPorte, Marshall, Implementation of Textile Agreements produced or manufactured in the People’s and Starke in the State of Indiana, and (CITA). Republic of China and exported from China Berrien and Cass Counties in the State ACTION: Issuing a directive to the during the twelve-month period beginning on of Michigan constitute a disaster area as Commissioner of Customs amending January 1, 1996 and extending through earlier directives with respect to textile December 31, 1996. a result of damages caused by severe The above directives are hereby amended storms and flooding which occurred on products from China. to the extent necessary to facilitate June 9 and 10, 1996. Applications for EFFECTIVE DATE: June 26, 1996. implementation of the directive of the Office loans for physical damage may be filed of the U.S. Trade Representative to the until the close of business on August 23, FOR FURTHER INFORMATION CONTACT: Commissioner of Customs dated June 21, 1996 and for economic injury until the Jennifer Aldrich, International Trade 1996 regarding textile products from China, close of business on March 24, 1997 at Specialist, Office of Textiles and issued pursuant to section 301 of the Trade the address listed below: Apparel, U.S. Department of Commerce, Act of 1974, as amended. For your (202) 482–4212. information, the above directives are U.S. Small Business Administration, amended to reflect that entry of certain Disaster Area 2 Office, One Baltimore SUPPLEMENTARY INFORMATION: textile products, produced or manufactured Authority: Executive Order 11651 of March in the People’s Republic of China, shall no 7 17 CFR 200.30–3(a)(12) (1995). 3, 1972, as amended; section 204 of the longer be subject to limitation for the 30-day 34920 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices periods beginning on May 15, 1996 through SUPPLEMENTARY INFORMATION: bridges or causeways that are to be June 13, 1996 and June 14, 1996 through July Request for Comments constructed over navigable waters of the 13, 1996. United States. The Committee for the Implementation of The Coast Guard encourages Respondents: Public and private Textile Agreements has determined that interested persons to submit written owners of bridges over navigable waters these actions fall within the foreign affairs views, comments, data, or arguments. of the United States. exception to the rulemaking provisions of 5 Persons submitting comments should U.S.C. 553(a)(1). Frequency: On occasion. Sincerely, include their names and addresses, Burden: The estimated burden is identify this Notice, the specific ICR to D. Michael Hutchinson, 2,600 hours annually. which each comment applies, and give 3. Title: Letter of Intent. Acting Chairman, Committee for the reasons for each comment. The Coast Implementation of Textile Agreements. Guard requests that all comments and OMB No. 2115–007 [FR Doc. 96–16934 Filed 7–2–96; 8:45 am] attachments be submitted in an Summary: The collection of BILLING CODE 3510±DR±F unbound format no larger than 81⁄2′′ by information is a Letter of Intent which 11′′, suitable for copying and electronic serves as a notice by a facility owner filing. If that is not practical, a second and operator to the Coast Guard that DEPARTMENT OF TRANSPORTATION copy of any bound material is requested. they intend to transfer oil or hazardous Persons desiring acknowledgement that materials from their facility. Coast Guard their comments have been received Need: Under the Federal Water [CGD 96±031] should enclose a stamped, self- Pollution Control Act and Executive addressed post card or envelope. Order 12777, the Coast Guard has the Agency Information Collection Interested persons can receive copies authority to issue regulations to prevent Activities Under OMB Review of the complete ICR by contacting Ms. the discharge of oil or hazardous AGENCY: Coast Guard, DOT. Davis where indicated under materials from waterfront facilities. ADDRESSES. Respondents: Owners and operators ACTION: Notice. of waterfront facilities. Information Collection Requests SUMMARY: In compliance with the Frequency: On occasion. Paperwork Reduction Act the Coast 1. Title: Application for Vessel Burden: The estimated burden is 460 Guard announces seven Information Inspection and Waiver. hours annually. 4. Title: Application for Tonnage Collection Requests (ICR) coming up for OMB No. 2115–0007 renewal. These ICRs include: 1. Measurement of Vessels. Summary: The collection of Application for Vessel Inspection and OMB No. 2115–0086 Waiver; 2. Bridge Permit Application information requires the owner, agent or Guide; 3. Letter of Intent; 4. Application master of a vessel to apply in writing to Summary: The collection of for Tonnage Measurement of Vessels; 5. the Coast Guard before the information requires vessel owners to Oil and Hazardous Material Pollution commencement of the inspection for submit application for tonnage Prevention and Safety Records, certification or when, in the interest of measurement to the Coast Guard or an Equivalent/Alternatives and national defense, a waiver is desired organization delegated by the Coast Exemptions; 6. Records Relating to from the requirements of navigation and Guard. Additional information may be Citizenship of Personnel on Units vessel inspection. required if an owner requests certain Engaged in Outer Continental Shelf Need: The reporting requirements of tonnage treatment. (OCS) Activities; and 7. Ballast Water the Application for Inspection of U.S. Need: 46. U.S.C. 14104 requires that Management for Vessels Entering the Vessels and the Application for Waiver before a vessel is documented or Great Lakes. Before submitting the and Waiver Order are part of the Coast recorded under laws of the United renewal packages to the Office of Guard’s Marine Inspection Program States, or where the application of law Management and Budget (OMB), the authorized by 46 U.S.C. 3306 and 3309. of the United States to a vessel is Coast Guard is soliciting comments on Respondents: Vessel owner, operator, determined by its tonnage, the vessel specific aspects of the collections as agent, masters or interested U.S. must be measured for tonnage. described below. Government agency. Respondent: Vessel owners. Frequency: On occasion, biennially Frequency: Once per vessel. DATES: Comments must be received on and triennially. Burden Estimate: The estimated or before September 3, 1996. Burden: The estimated burden is burden is 44,000 hours annually ADDRESSES: Comments may be mailed to 1,707 hours annually. 5. Title: Oil and Hazardous Material Commandant (G–SII–2), U.S. Coast 2. Title: Bridge Permit Application Pollution Prevention and Safety Guard Headquarters, Room 6106 (Attn: Guide. Records, Equivalent/Alternatives and Barbara Davis), 2100 2nd St, SW, Exemptions Washington, DC 20593–0001, or may be OMB No. 2115–0050 hand delivered to the same address Summary: The collection of OMB No. 2115–0096 between 8 a.m. and 3 p.m., Monday information is a bridge permit request Summary: The collection of through Friday, except Federal holidays. submitted as application for Coast information requires the inspection of The telephone number is (202) 267– Guard approval of proposed bridge discharge removal equipment on vessels 2326. The comments will become part projects. Applicants will submit to the and requires monitoring, reporting and of this docket and will be available for Coast Guard a letter of application along recordkeeping regarding discharges of inspection and copying by appointment with letter size drawings (plans) and oil or hazardous materials by facilities at the above address. maps showing the proposed bridge and vessels. The regulated industry has FOR FURTHER INFORMATION CONTACT: project and its location. the option of requesting, in writing, Barbara Davis, U.S. Coast Guard, Office Need: Title 33 U.S.C. 401, 491, 525, either equivalent or alternative of Information Management, telephone and 535, authorize the Coast Guard to procedures, methods or equipment (202) 267–2326. approve plans and locations for all standards in lieu of any requirement or Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34921 a full or partial exemption of any Federal Aviation Administration purchased, installed operated and requirement. maintained by a public entity other than Need: Under the Federal Water Notice of Intent To Request Renewal the FAA and are available for use by the Pollution Control Act and Executive from the Office of Management and flying public. Navigation aids may be Order 12777, Coast Guard has the Budget (OMB) of Current Public located at unattended remote enrollee authority to issue regulations to prevent Collections of Information sites or at manned airport terminal the discharge of oil or hazardous locations. AGENCY: Federal Aviation 3. 2120–0015, FAA Airport Master materials from waterfront facilities and Administration (FAA), DOT. vessels. Record. The respondents are 14,000 ACTION: Respondent: Operators of vessels and Notice of Intent to Renew 13 civil airports. The estimated total owners of waterfront facilities. Currently Approved Public Information annual burden is 4,375 hours. Abstract: Collection Activities. Frequency: On occasion. The FAA Act of 1958 directs the FAA to collect and disseminate information Burden Estimate: The estimated SUMMARY: Under the provisions of the burden in 1,840 hours annually. about civil aeronautics. The information Paperwork Reduction Act of 1995, and is required to carry out FAA missions 6. Title: Records Relation to 5 CFR part 1320, Reporting and related to safety, forecasting, and airport Citizenship of Personnel on Units Recordkeeping Requirements, the FAA engineering. The data is the basic source Engaged in Outer Continental Shelf invites public comment on 13 currently of data for private, state, Federal and (OCS) Activities. approved public information collections governmental aeronautical charts and OMB No. 2115–0143 being submitted to OMB for renewal. publications. DATES: Comments must be received on 4. 2120–0025, Crewmember Summary: The collection of or before September 3, 1996. Certificate Application. The information requires employers of ADDRESSES: Comments on any of these respondents are aircrew members that vessels and units engaged in exploration collections may be mailed or delivered need to be cleared to enter foreign and exploitation of offshore resources in duplicate to the FAA at the following countries. There are 1,401 aircrew on the OCS such as gas and oil to address: Ms. Judith Street, Federal members in this category. The estimated ascertain the citizenship of their Aviation Administration, Corporate total annual burden is 165 hours. employees and to maintain records of Information Division, ABC–100, 800 Abstract: FAA Act of 1958, Section 602 same. Independence Ave., SW., Washington, authorizes the issuance of airmen Need: 43 U.S.C. 1356 authorizes the DC 20591. certificates. 14 CFR parts 121 and 135 Coast Guard to issue regulations to man prescribes requirements for FOR FURTHER INFORMATION CONTACT: or crew outer continental shelf (OCS) crewmember certification. Information Ms. Judith Street at the above address or facilities with U.S. citizens or collected is used to determine applicant on (202) 267–9895. permanent resident aliens. eligibility. Respondent: Employers of persons SUPPLEMENTARY INFORMATION: The FAA 5. 2120–0026, Flight Plans (Domestic/ engaged in Outer Continental Shelf solicits comments on any of the current International). The respondents are activities. collections of information in order to: 682,959 flight plans. The estimated total Frequency: On occasion. Evaluate the necessity of the collection; annual burden is 268,408 hours. Burden Estimate: The estimated the accuracy of the agency’s estimate of Abstract: Federal Aviation Act of 1958, burden is 1,510 hours annually. the burden; the quality, utility, and Section 307 (49 U.S.C. 1348) authorized 7. Title: Ballast Water Management for clarity of the information to be regulations governing the flight of Vessels Entering the Great Lakes. collected; and possible ways to aircraft. 14 CFR 91 prescribes minimize the burden of the collection. requirements for filing domestic and OMB No. 2115–0598 Following are short synopses of the 13 international flight plans. Information is Summary: The collection of currently approved public information collected to provide protection to information requires vessels entering collection activities which will be aircraft in flight and persons/property the Great Lakes through the Saint submitted to OMB for review and on the ground. Lawrence Seaway after operating approval. 6. 2120–0039, Air Carriers/ outside the Exclusive Economic Zone of 1. 2120–0007, Flight Engineers and Commercial Operators—FAR 135. The the United States to keep records of Flight Navigators—FAR 63. The respondents are an estimated 3,760 air their ballast water management. respondents are 2,881 airmen. The carriers and commercial operators. The Need: Under Title 33 U.S.C. 4711 the estimated total annual burden is 25,420 estimated total annual burden is Coast Guard has the authority to check hours. Abstract: FAA Act of 1958, 347,772 hours. Abstract: The FAA Act and monitor vessels entering the Great Section 602 and 607 authorize issuance of 1958, Section 604 (49 U.S.C. 1424), Lakes regarding their management of of airmen certificates and provide for authorizes the issuance of air carriers ballast water. examination and rating of flying operating certificates. 14 CFR part 135 Respondent: Owners/operators of schools. FAR 63 prescribes prescribes requirement for air carriers/ vessels who enter the Great Lakes. requirements for flight navigator commercial operators. Information certification and training course Frequency: On occasion. collected shows compliance and requirements for these airmen. Burden Estimate: The estimated applicant eligibility. Information collected is used to 7. 2120–0044, Rotorcraft External burden is 228 hours annually. determine certification eligibility. Load Operator Certificate Application— Dated: June 20, 1996. 2. 2120–0014, Procedures for Non- FAR 133. The respondents are an D.A. Potter, Federal Navigation Facilities—FAR 171. estimated 400 Rotorcraft External Load Captain, U.S. Coast Guard, Director of The respondents are 2,398 facilities Operators. The estimated total annual Command, Control, Communications and sponsors. The estimated total annual burden is 3,268 hours. Abstract: 14 CFR Computers. burden is 20,792 hours. Abstract: The prescribes certification requirements for [FR Doc. 96–16895 Filed 7–2–96; 8:45 am] non-Federal navigation facilities are rotorcraft external load operations. BILLING CODE 4910±14±M aids to air navigation which are Information is collected from applicants 34922 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices for initial and renewal certification as a certify explosives detection systems, One area ARAC deals with is Rotorcraft External Load Operator, or pursuant to protocols developed outside Transport Airplane and Engine issues. from currently certified operators the agency, prior to mandating their use. These issues involve the airworthiness adding additional aircraft or equipment. The information required is necessary standards for transport category 8. 2120–0060, General Aviation and for the FAA to perform the certification airplanes in 14 CFR parts 25, 33, and 35 Air Taxi Activity and Avionics Survey. testing on systems submitted by of the FAR and parallel provisions in 14 The respondents are 19,000 commuter manufacturers. CFR parts 121 and 135 of the FAR. The air carriers. The estimated total annual 13. 2120–0578, Training and corresponding European airworthiness burden is 4,750 hours. Abstract: The Checking in Ground Icing Conditions. standards for transport category survey is to collect information on the The respondents are 2175 air carriers. airplanes are contained in Joint Aviation use and the characteristics of general The estimated total annual burden is Requirements (JAR)–25, JAR–E and aviation and air taxi aircraft. The data is 87,000 hours. Abstract: The required JAR–P, respectively. The corresponding used by the FAA in safety study, collection that respondents must Canadian Standards are contained in regulatory changes and formulating prepare and submit to the FAA contains Chapters 525, 533 and 535 respectively. long-term programs and policies. those airplane ground deicing/anti-icing The Task 9. 2120–0535, Anti-Drug Program for policies and procedures that ensure the Personnel Engaged in Specified highest level of safety during icing This notice is to inform the public Aviation Activities. The respondents are conditions. All Part 125 and 135 air that the FAA has asked ARAC to 6,076 specified aviation employers. The carriers are effected. provide advice and recommendation on estimated total annual burden is the following harmonization task: 100,276 hours. Abstract: Federal Issued in Washington, DC., on June 26, 1996. Engine Windmilling Imbalance Loads. Aviation Regulations require specified Steve Hopkins, Define criteria for establishing the maximum aviation employers to implement and level of engine imbalance that should be conduct FAA-Approved anti-drug plans. Manager, Corporate Information Division, ABC–100. considered, taking into account fan blade They monitor program compliance, failures and other likely causes of engine institute program improvements, and [FR Doc. 96–17042 Filed 7–2–96; 8:45 am] imbalance. Develop an acceptable anticipate program problem areas. The BILLING CODE 4910±13±M methodology for determining the dynamic FAA receives drug test reports from the airframe loads and accelerations resulting aviation industry. More detailed and from an imbalanced windmilling engine. specific information is necessary to Aviation Rulemaking Advisory Validate the proposed methodology with a effectively manage the anti-drug Committee; Transport Airplane and demonstrative ground or flight test program Engine IssuesÐNew Task (as deemed appropriate by ARAC) that has program. the objective of establishing confidence in 10. 2120–0543, Pilots Convicted of AGENCY: Federal Aviation the proposed methodology. The validation Alcohol or Drug Related Motor Vehicle Administration (FAA), DOT. process should answer the following Offenses or Subject to State Motor ACTION: Notice of a new task assignment questions: (1) What are the parameters to Vehicle Administrative Procedures. The consider in determining the minimum degree respondents are 2184 pilots who have for the Aviation Rulemaking Advisory of dynamic structural modeling needed to been/will be convicted of a drug- or Committee (ARAC). properly represent the imbalanced condition; (2) Is the proposed analytical methodology alcohol-related traffic violation. The SUMMARY: Notice is given of a new task estimated annual burden is 364 hours. taken in conjunction with the traditional assigned to and accepted by the ground vibration tests, flight flutter tests, and Abstract: The requested information (1) Aviation Rulemaking Advisory is needed to mitigate potential hazards tests performed under § 33.94 of 14 CFR Committee (ARAC). This notice informs sufficient, or are there additional tests and presented by airmen using alcohol or the public of the activities of ARAC. measurements that need to be made to drugs in flight, (2) is used to identify FOR FURTHER INFORMATION CONTACT: address this condition? persons possibly unsuitable for pilot Within 12 months from the date of the certification, and (3) affects those pilots Stewart R. Miller, Manager, Transport Standards Staff, ANM–110, FAA, published notice of new task in the Federal who will be convicted of a drug- or Register, complete the above tasks and alcohol related traffic violation. Transport Airplane Directorate, Aircraft submit a report to the FAA with 11. 2120–0575, Airworthiness Certification Service, 1601 Lind Ave. recommendations detailing the criteria and Standards, Occupant Protection SW., Renton, WA 98055–4056, methodology. telephone (206) 227–2190, fax (206) Standards for Commuter Category ARAC Acceptance of Task Airplanes. The respondents are 5 226–1320. manufacturers of seat cushions. The SUPPLEMENTARY INFORMATION: ARAC has accepted this task and has estimated total annual burden is 3 chosen to assign it to the existing Loads Background hours. Abstract: The information and Dynamics Harmonization Working collected will be a record of the test The FAA has established an Aviation Group. The working group will serve as results on seat cushion flammability. Rulemaking Advisory Committee to staff to ARAC to assist ARAC in the The tests will be performed by provide advice and recommendations to analysis of the assigned task. Working manufacturers of seat cushions and will the FAA Administrator, through the group recommendations must be become a part of the type certification Associate Administrator for Regulation reviewed and approved by ARAC. If basis for the airplane. and Certification, on the full range of ARAC accepts the working group’s 12. 2120–0577, Explosives Detection the FAA’s rulemaking activities with recommendations, it forwards them to Systems Certification Testing. The respect to aviation-related issues. This the FAA as ARAC recommendations. respondent is the manufacturer of includes obtaining advice and Working Group Activity explosive detection systems. The recommendations on the FAA’s estimated total annual burden is 1,502 commitment to harmonize its Federal The Loads and Dynamics hours. Abstract: Pub. L. 101–604 Aviation Regulations (FAR) and harmonization Working Group is requires the Administrator of the practices with its trading partners in expected to comply with the procedures Federal Aviation Administration to Europe and Canada. adopted by ARAC. As part of the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34923 procedures, the working group is Time for Public Scoping Meeting To Be SUPPLEMENTARY INFORMATION: Pursuant expected to: Held in Lexington, KY on to section 10(a)(2) of the Federal 1. Recommend a work plan for Environmental Impact Statement; Advisory Committee Act (Pub. L. 92– completion of the tasks, including the Correction 463; 5 U.S.C. App. II), notice is hereby rational supporting such a plan, for given of a meeting of the Aviation consideration at the meeting of ARAC to AGENCY: Federal Aviation Rulemaking Advisory Committee to be consider Transport Airplane and Engine Administration, DOT. held on July 29 (GABA) and July 31 Issues held following publication of this ACTION: Notice of correction of time. through August 1, 1996 (TAEI), at The notice. Boeing Company Renton Facility, 10–16 2. Give a detailed conceptual SUMMARY: This notice corrects the time Building, Room 11D5, 535 Garden presentation of the proposed previously published in the Federal Avenue North, Renton WA. The agenda recommendations, prior to proceeding Register June 25, 1996, (FR 96–16109, for the meeting will include: page 32883 in the third column over to with the work stated in item 3 below. • Opening Remarks 3. For each task, draft appropriate page 32884) for a public scoping • meeting to be held in Lexington, Review of Action Items documents with supporting analyses, • Discussion of 13th Annual and/or any other related guidance Kentucky, on July 31, 1996, to obtain input from the public on the planned International Harmonization material or collateral documents the Conference, June 3–7, San Diego, CA working group determines to be Environmental Impact Statement. The • corrected ending time for the meeting is Discussion of harmonization priorities appropriate. • Discussion of certification/validation 4. Provide a status report at each 8 p.m. The date, starting time, and address of foreign products meeting of ARAC held to consider • Reports of Working Groups (Time Transport Airplane and Engine Issues. for the meeting remains unchanged: July 31, 1996, Wednesday, 6 p.m. at Paul permitting) • Participation in the Working Goup Laurence Dunbar High School cafeteria Schedule future meetings The Loads and Dynamics located on the lower level, 1600 Man O’ Attendance is open to the interested Harmonization Working Group is War Blvd., Lexington, Kentucky. public, but will be limited to the space composed of experts having an interest Issued in Memphis, Tennessee, June 26, available. The public must make in the assigned task. A working group 1996. arrangements by July 19, 1996, to member need not be a representative of LaVerne F. Reid, present oral statements at the meeting. The public may present written a member of the full committee. Manager, Memphis Airports District Office. statements to the committee, at any An individual who has expertise in [FR Doc. 96–17044 Filed 7–2–96; 8:45 am] the subject matter and wishes to become time, by providing 40 copies to the a member of the working group should BILLING CODE 4910±13±M Assistance Executive Director, or by write to the person listed under the bringing the copies to him at the meeting. Arrangements may be made by caption FOR FURTHER INFORMATION Aviation Rulemaking Advisory contacting the person listed under the CONTACT expressing that desire, Committee Meeting on General heading FOR FURTHER INFORMATION describing his or her interest in the Aviation and Business Airplane and CONTACT. tasks, and stating the expertise he or she Transport Airplane and Engine Issues would bring to the working group. The Sign and oral interpretation can be request will be reviewed by the assistant AGENCY: Federal Aviation made available at the meeting, as well chair, the assistant executive director, Administration (FAA), DOT. as an assistive listening device, if and the working group chair, and the ACTION: Notice of meeting. requested 10 calendar days before the individual will be advised whether or meeting. not the request can be accommodated. SUMMARY: The FAA is issuing this notice Issued in Washington, DC, on June 26, The Secretary of Transportation has to advise the public of a meeting of the 1996. determined that the formation and use Federal Aviation Administration’s Chris A. Christie, of ARAC are necessary and in the public Aviation Rulemaking Advisory Executive Director, Aviation Rulemaking interest in connection with the Committee to discuss harmonization Advisory Committee. performance of duties imposed on the priorities and issues related to [FR Doc. 96–17043 Filed 7–2–96; 8:45 am] certification and validation of foreign FAA by law. BILLING CODE 4910±13±M Meetings of ARAC will be open to the products. public, except as authorized by section DATES: The meeting will be held July 29, 10(d) of the Federal Advisory 1996 for General Aviation and Business Aviation Security Advisory Committee; Committee Act. Meetings of the Loads Airplane (GABA) Issues, starting at 9 Meeting and Dynamics harmonization Working a.m. and July 31 through August 1, 1996 Group will not be open to the public, for Transport Airplane and Engine AGENCY: Federal Aviation except to the extent that individuals (TAEI) Issues, starting at 8:30 a.m. Administration, DOT. with an interest and expertise are Arrange for oral presentations by July SUMMARY: Notice is hereby given of a selected to participate. No public 19, 1996. meeting of the Aviation Security announcement of working group ADDRESSES: The meeting will be held at Advisory Committee. meetings will be made. The Boeing Company Renton Facility, DATES: The meeting will be held July 17, Issued in Washington, DC, on June 26, 10–16 Building, Room 11D5, 535 1996 from 9 a.m. to 12 p.m. 1996. Garden Avenue North, Renton WA. ADDRESS: The meeting will be held in Chris A. Christie, FOR FURTHER INFORMATION CONTACT: the MacCracken Room, tenth floor, Executive Director, Aviation Rulemaking Brenda Courtney, Office of Rulemaking, Federal Aviation Administration, 800 Advisory Committee. FAA, 800 Independence Avenue, SW., Independence Avenue, SW., [FR Doc. 96–16960 Filed 7–2–96; 8:45 am] Washington, DC 20591, telephone (202) Washington, D.C. 20591, telephone 202– BILLING CODE 4910±13±M 267–3327. 267–7451. 34924 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

SUPPLEMENTARY INFORMATION: Pursuant Transportation, P.O. Box 30050, implementing Executive Order 12372 to section 10(a)(2) of the Federal Lansing, Michigan 48909, Telephone regarding intergovernmental consultation on Advisory Committee Act (Pub. L. 92– (517) 335–2621. Federal programs and activities apply to this program.) 463; 5 U.S.C. App. 11), notice is hereby SUPPLEMENTARY INFORMATION: The Issued on: June 24, 1996. given of a meeting of the aviation FHWA in cooperation with the Security Advisory Committee to be held Michigan Department of Transportation James J. Steele, July 17, 1996, in the MacCracken Room, (MDOT), the Southeast Michigan Division Administrator, Lansing, Michigan. tenth floor, Federal Aviation Council of Governments (SEMCOG), [FR Doc. 96–16903 Filed 7–2–96; 8:45 am] Administration, 800 Independence and the Livingston County Road BILLING CODE 4910±22±M Avenue, SW., Washington, D.C. The Commission (LCRC), is preparing an agenda for the meeting will include Environmental Impact Statement (EIS) reports on the Universal Access System, for the proposed construction of a new Environmental Impact Statement, St. Rewrites of FAR 107 and 108, the status Interchange along I–96 between Chilson Paul, MN of RTCA Access Control Standards, and Road and Dorr Road in Livingston AGENCY: Federal Highway the domestic security baseline. County. The proposed project would Administration. Attendance at the July 17, 1996, require a new interchange which is ACTION: Notice of intent. meeting is open to the public but is needed to improve access to the East limited to space available. Members of Howell Area. Traffic operations at the SUMMARY: The FHWA is issuing this the public may address the committee Lake Chemung/I–96 Interchange, which notice to advise the public that an only with the written permission of the is a partial interchange, are not able to environmental impact statement (EIS) chair, which should be arranged in accommodate current and future traffic will be prepared for the possible advance. The chair may entertain public volumes. reconstruction of Ayd Mill Road, in St. comment if, in its judgment, doing so A Major Investment Study is Paul, Minnesota. will not disrupt the orderly progress of underway to narrow the range of FOR FURTHER INFORMATION CONTACT: the meeting and will not be unfair to alternative investment strategies. The William Lohr, Federal Highway any other person. alternatives under consideration include Administration, Suite 490 Metro Square Members of the public are welcome to (1) No Build, (2) the construction of a Building, 121 East Seventh Place, St. present written material to the new I–96 Interchange at a new location, Paul, Minnesota, 55101, Telephone committee at anytime. Persons wishing and (3) the reconstruction of the Lake (612) 290–3241; or Michael C. Klassen, to present statements or obtain Chemung/I–96 Interchange. Project Manager, St. Paul Department of information should contact the Office of Letters describing the proposed action Public Works, 800 City Hall Annex, 25 the Associate Administrator for Civil and soliciting comments have been sent West 4th Street, St. Paul, MN 55101, Aviation Security, 800 Independence to appropriate Federal, State, and local Telephone (612) 266–6209. Avenue, SW., Washington, D.C. 20591, agencies, and had a Scoping Document SUPPLEMENTARY INFORMATION: The telephone 202–267–7451. attached. Letters requesting comments FHWA, in cooperation with the Issued in Washington, D.C. on June 25, have also been sent to organizations and Minnesota Department of 1996. citizens who have previously expressed, Transportation and the City of St. Paul, Quinten T. Johnson, or are known to have interest in this will prepare an EIS on a proposal for the Acting Director, Office of Civil Aviation proposal. Two public information improvement of Ayd Mill Road. Ayd Security Policy and Planning. meetings were held to date under the Mill Road is located in the southwestern [FR Doc. 96–16961 Filed 7–2–96; 8:45 am] Major Investment Study on April 17, portion of the City of St. Paul and runs BILLING CODE 4910±13±M 1996 and June 19, 1996, to provide the in a northwesterly direction from I–35E public an opportunity to discuss the near Jefferson Avenue to the proposed action. A public hearing will intersection of Selby Avenue and Pascal Federal Highway Administration also be held on the Draft Environmental Street. The total length of the project is Impact Statement. Public notice will be approximately 1.8 miles. Environmental Impact Statement: given of the time and place of the A direct connection between I–35E Howell, MI hearing. The Draft EIS will be available and the south end of Ayd Mill Road was AGENCY: Federal Highway for public and agency review and postponed in the early 1980’s until a Administration (FHWA), DOT. comment prior to the public hearing. A connection to I–94 on the north had ACTION: Notice of intent. Scoping Meeting is scheduled for been studied. An Ayd Mill Road Task Thursday, July 25, 1996, and will be Force, comprised of neighborhood SUMMARY: The FHWA is issuing this held at 9:30 a.m. at the Livingston representatives and the City Planning notice to advise the public that an County Road Commission Building, Commission, concluded in 1988 that Environmental Impact Statement will be 3535 Grand Oaks Drive, Howell, issues in the Ayd Mill Road corridor prepared for the proposed construction Michigan. were serious enough to warrant further of the East Howell Area I–96 To ensure that the full range of issues study in an EIS. Interchange in Genoa Township, related to this proposed action are An EIS Scoping Process was initiated Livingston County, Michigan. addressed and all significant issues in 1993. Working with the organizations FOR FURTHER INFORMATION CONTACT: identified, comments, and suggestions they represent, Task Force members Mr. James Kirschensteiner, Programs are invited from all interested parties. developed and evaluated ten major and Environmental Engineer, Federal Comments or questions concerning this alternatives, each with sub-alternatives. Highway Administration, 315 W. proposed action and the EIS should be In May 1996, the St. Paul City Council Allegan Street, Lansing, Michigan directed to the FHWA at the address determined that seven alternatives will 48933, Telephone (517) 377–1880 or Mr. provided above. be carried forward in the Draft EIS. The Ron Kinney, Manager, Environmental (Catalog of Federal Domestic Assistance alternatives to be studied in the Draft Section, Bureau of Transportation Program Number 20.205, Highway Research, EIS include: Planning, Michigan Department of Planning and Construction. The regulations • No Build Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 34925

• Transportation Systems Management Issued on: June 13, 1996. Surface Transportation Board 1 Plan and Travel Demand Management Alan J. Friesen, [Docket No. AB±6 (Sub-No. 374)] (TSM/TDM) Engineering and Operations Engineer, Federal • Replace Ayd Mill Road with a Linear Highway Administration. Burlington Northern Railroad Park [FR Doc. 96–16752 Filed 7–2–96; 8:45 am] CompanyÐAdverse DiscontinuanceÐ • Two-lane City Street (35 mph) on the BILLING CODE 4910±22±M in Denver, CO Hybrid alignment with a direct connection to I–35E on the south and [Docket No. AB±33 (Sub-No. 92)] a split diamond interchange with I–94 Maritime Administration • Four-lane roadway (40 mph) on the Union Pacific Railroad CompanyÐ Hybrid alignment with a direct Approval of Request for Removal Adverse DiscontinuanceÐin Denver, connection to I–35E on the south and Without Disapproval From the Roster CO of Approved Trustees a split diamond interchange with I–94 AGENCY: Surface Transportation Board. • Four-lane expressway (45 mph) on the Notice is hereby given, pursuant to ACTION: Notice of findings. Railroad Spur alignment with a direct Public Law 100–710 and 46 CFR Part connection to I–35E on the south and 221, that Fifth Third Bank, with offices SUMMARY: The Board has found that the a freeway-to-freeway interchange with at Fifth Third Center, Cincinnati, Ohio public convenience and necessity I–94 45263, has requested removal, without permit: (1) Burlington Northern Railroad • Limited access freeway (45 mph) on disapproval, from the Roster of Company to discontinue trackage rights the Railroad Spur alignment with a Approved Trustees. In its request for and service over a section of rail line direct connection to I–35E on the removal, Fifth Third Bank, stated it is generally running along National south and a freeway-to-freeway no longer necessary for the Bank to Western Drive (in the ‘‘National Western interchange with I–94 maintain its status as a Maritime Drive Corridor’’), from the intersection • High Occupancy Vehicle (HOV) lanes Administration Trustee. of the track, on the south, with the rail as sub-alternatives for the last four Therefore, pursuant to Public Law line that runs generally along the east alternatives 100–710 and 46 CFR Part 221, Fifth bank of the South Platte River (in the The Ayd Mill Road Scoping Third Bank, Cincinnati, Ohio, is ‘‘River Corridor’’), to the inactive Document and Draft Scoping Decision removed from the Roster of Approved connection with the line of track of the Document was published February 6, Trustees. Denver and Rio Grande Western This notice shall become effective on 1995. A Public Scoping meeting was Railroad Company along Franklin date of publication. held March 2, 1995 to receive Street, on the north, and to, but not comments. After a delay due to Dated: June 27, 1996. across, the right-of-way for Race Court, administrative matters, the Ayd Mill By Order of the Maritime Administrator. on the northeast, in the Denver Road Scoping Decision Document was Joel C. Richard, Stockyards, Denver, CO, a total distance published May 13, 1996. Copies of both Secretary. of approximately 0.8 miles; and (2) documents were distributed to agencies, [FR Doc. 96–16936 Filed 7–2–96; 8:45 am] Union Pacific Railroad Company to interested persons, elected and BILLING CODE 4910±81±P discontinue trackage rights and service appointed officials and libraries. A press over two sections of rail line, totaling release was published to inform citizens approximately 1.2 miles in distance, in of the documents’ availability. Approval of Request for Removal the Denver Stockyards, Denver, CO, Coordination has been initiated and Without Disapproval From the Roster consisting of: (a) in the ‘‘River will continue with appropriate Federal, of Approved Trustees Corridor,’’ the section of line adjacent to State and local agencies, and private the east bank of the South Platte River, Notice is hereby given, pursuant to from a point 600 feet north of the organizations and citizens who have Public Law 100–710 and 46 CFR Part previously expressed or are known to intersection of the River Corridor track 221, that Seattle-First National Bank, with the northwestern right-of-way line have an interest in this project. A formal with offices at 701 Fifth Avenue, 11th public hearing will be held in the of National Western Drive to the west Floor, Seattle, Washington 98124, has right-of-way line of Franklin Street; and project area following release of the requested removal, without disapproval, Draft EIS. Public notice will be given for (b) in the ‘‘National Western Drive from the Roster of Approved Trustees. Corridor,’’ the section of line adjacent to the time and place of the hearing. The In its request for removal, Seattle-First Draft EIS will be available for public National Western Drive, from the National Bank, stated it is no longer intersection of the line with the south and agency review and comment prior necessary for the Bank to maintain its to the public hearing. right-of-way line of East 46th Street to status as a Maritime Administration the intersection of the line with the east To ensure that all significant issues Trustee. relating to this proposed action are Therefore, pursuant to Public Law addressed, comments and suggestions 1 The ICC Termination Act of 1995, Pub. L. No. 100–710 and 46 CFR Part 221, Seattle- 104–88, 109 Stat. 803 (the Act), which was enacted are invited from all interested parties. First National Bank, Seattle, on December 29, 1995, and took effect on January Comments or questions concerning this Washington, is removed from the Roster 1, 1996, abolished the Interstate Commerce proposed project and the EIS should be of Approved Trustees. Commission (ICC) and transferred certain functions directed to the City of St. Paul at the and proceedings to the Surface Transportation This notice shall become effective on Board (Board). Section 204(b)(1) of the Act address provided above. date of publication. provides, in general, that proceedings pending (Catalog of Federal Domestic Assistance Dated: June 27, 1996. before the ICC on the effective date of that legislation shall be decided under the law in effect Program Number 10.205, Highway Planning By Order of the Maritime Administrator. and Construction. The regulations prior to January 1, 1996, insofar as they involve Joel C. Richard, functions retained by the Act. This notice relates to implementing Executive Order 12372 Secretary. a proceeding that was pending with the ICC prior regarding intergovernmental consultation on to January 1, 1996, and to functions that are subject Federal programs and activities apply to this [FR Doc. 96–16937 Filed 7–2–96; 8:45 am] to Board jurisdiction pursuant to 49 U.S.C. 10903 program.) BILLING CODE 4910±81±P and 10904. 34926 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices right-of-way line of Franklin Street. The By the Board, Chairman Morgan, Vice matters published since 1952 in the Board’s decision will be effective 30 Chairman Simmons, and Commissioner Internal Revenue Bulletin (which is the days after publication of this notice and Owen. authoritative instrument of the a certificate will be issued unless the Vernon A. Williams, Commissioner for announcing official Board also finds that: (1) A financially Secretary. rulings and procedures of the Internal responsible person has offered financial [FR Doc. 96–16991 Filed 7–2–96; 8:45 am] Revenue Service and for publishing assistance (through subsidy or purchase) BILLING CODE 4915±00±P Public Laws, Treasury Decisions, and to enable the rail service to continue; other items of general interest). It is and (2) it is likely that the assistance divided into four Services as follows: would fully compensate the railroad. DEPARTMENT OF THE TREASURY Service No. 1—Income Tax, Publication DATES: Any financial assistance offer 641 Internal Revenue Service must be filed with the Board and the Service No. 2—Estate and Gift Taxes, railroad no later than July 12, 1996. Any Proposed Elimination of the Bulletin Publication 642 offer previously made must be remade Index-Digest System; Comment Service No. 3—Employment Taxes, by the due date. Request Publication 643 ADDRESSES: Send offers referring to Service No. 4—Excise Taxes, AGENCY: Internal Revenue Service (IRS), Docket No. AB–6 (Sub-No. 374) or Publication 644 Docket No. AB–33 (Sub-No. 92) to: (1) Treasury. Surface Transportation Board, Office of ACTION: Notice and request for Each Service consists of a basic the Secretary, Case Control Branch, comments. volume and the latest cumulative 1201 Constitution Avenue, N.W., supplement. The cumulative Washington, DC 20423; and (2) in the SUMMARY: The IRS provides a method supplements are issued quarterly for the former proceeding, Burlington for researching tax laws, regulations, Income Tax Service, and semi-annually Northern’s representative: Peter M. Lee, and other tax matters published in the for the other three Services. 3800 Continental Plaza, 777 Main Internal Revenue Bulletin called the The major portion of the Bulletin Street, Fort Worth, TX 76102, or, in the ‘‘Bulletin Index-Digest System.’’ Due to Index-Digest System consists of digests latter proceeding, Union Pacific’s budgetary restraints, the IRS proposes to (brief summaries) of revenue rulings and eliminate the Bulletin Index-Digest representative: Joe Anthofer, Union revenue procedures alphabetically System. The IRS invites the general Pacific Railroad Company, 1416 Dodge arranged under topical headings and public and other Federal agencies to Street, Omaha, NE 68179. The following subheadings. Also included are digests take this opportunity to comment on the notation must be typed in bold face on of Supreme Court decisions, adverse proposed elimination of the Bulletin the lower left-hand corner of the Tax Court decisions on cases involving Index-Digest System. envelope containing the offer mailed to tax issues in which the Commissioner the Board: ‘‘Office of Proceedings, AB- DATES: Written comments should be has announced acquiescence or OFA.’’ received on or before August 3, 1996 to nonacquiescence, Executive Orders, be assured consideration. FOR FURTHER INFORMATION CONTACT: Treasury Department Orders, Delegation ADDRESSES: Joseph H. Dettmar, (202) 927–5660. Direct all written comments Orders, and other miscellaneous items [TDD for the hearing impaired: (202) to Michael Siegerist, Internal Revenue published in the Bulletin. 927–5721.] Service, T:FP:F:CD, Room 5560, 1111 The digests are intended only as aids Constitution Avenue NW., Washington, to the reader in identifying the subject SUPPLEMENTARY INFORMATION: These DC 20224. matter covered. They may not be relied proceedings are consolidated with SUPPLEMENTARY INFORMATION: In upon as authoritative interpretations. Docket Nos. AB–452 (Sub-No. 1X), The accordance with OMB Circular A–130 Western Stock Show Association— The IRS proposes to eliminate the and Section 2 of the Paperwork Abandonment Exemption—in Denver, Bulletin Index-Digest System because of Reduction Act of 1995, Public Law 104– CO; and AB–446 (Sub-No. 2), Denver the excessive costs incurred to produce 13 (44 U.S.C. 3506(d)), the IRS is Terminal Railroad Company—Adverse this product. soliciting comments from the public on Discontinuance—in Denver, CO. Approved: June 27, 1996. the elimination of the Bulletin Index- Information and procedures regarding Digest System. Garrick R. Shear, financial assistance for continued rail Acting National Director, Tax Forms and service are contained in 49 U.S.C. 10905 Bulletin Index-Digest System Publications Division. and 49 CFR 1152.27. The Bulletin Index-Digest System [FR Doc. 96–17005 Filed 7–2–96; 8:45 am] Decided: June 12, 1996. provides a method for researching BILLING CODE 4830±01±M 34927

Corrections Federal Register Vol. 61, No. 129

Wednesday, July 3, 1996

This section of the FEDERAL REGISTER fourth line, ‘‘(292( 205-2921’’ should Wednesday, June 26, 1996, make the contains editorial corrections of previously read ‘‘(202) 205-2921’’. following correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are BILLING CODE 1505±01±D § 111.53±1 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are On page 33045, in the second column, issued as signed documents and appear in DEPARTMENT OF JUSTICE the section heading ‘‘§ 111.53 the appropriate document categories [Corrected]’’ should read ‘‘§ 111.53–1 Immigration and Naturalization Service elsewhere in the issue. [Corrected]’’. [INS No. 1770±96; AG Order No. 2032±96] RIN 1115±AE26 BILLING CODE 1505±01±D DEPARTMENT OF AGRICULTURE Extension of Designation of Rwanda Under Temporary Protected Status Cooperative State Research, DEPARTMENT OF TRANSPORTATION Education, and Extension Service Program Correction Federal Aviation Administration Agricultural Telecommunications In notice document 96–14719 Program; Fiscal Year 1996; Solicitation 14 CFR Parts 121 and 135 of Proposals beginning on page 29428 in the issue of Monday, June 10, 1996, make the Correction following corrections: [Docket No. 28471; Amendment No. 121- 1. On page 29428, in the third 257, 135-64] In notice document 96–15851 column, under SUPPLEMENTARY beginning on page 32282 in the issue of INFORMATION:, in the ninth line, RIN 2120-AF08 Friday, June 21, 1996, make the ‘‘designed’’ should read ‘‘designated’’. following correction: 2. On the same page, in the same Training and Qualification On page 32283, in the third column, column, in the last paragraph, in the Requirements for Check Airmen and under (B) Proposal Narrative, in the seventh line, ‘‘registration’’ should read Flight Instructors fourth line, ‘‘14’’ should read ‘‘15’’. ‘‘registrants’’. BILLING CODE 1505±01±D 3. On page 29429, in the first column, Correction in the sixth line from the top, ‘‘required’’ should read ‘‘requires’’. In rule document 96–14084 beginning DEPARTMENT OF AGRICULTURE 4. On the same page, in the same on page 30734 in the issue of Monday, column, in the fourth line from the June 17, 1996, make the following Rural Utilities Service bottom, ‘‘July 10, 1996’’ should read corrections: ‘‘June 10, 1996’’. Distance Learning and Telemedicine 5. On the same page, in the second §121.412 [Corrected] Grant Program column, in paragraph (5), in the seventh 1. On page 30742, in the second Correction line, ‘‘povisions’’ should read column, in §121.412(a), in the second ‘‘provisions’’. line, ‘‘§121.412’’ should read In notice document 96–16321 BILLING CODE 1505±01±D ‘‘§121.414’’. appearing on page 33639 in the issue of Thursday, June 27, 1996, make the 2. On the same page, in the third following corrections: DEPARTMENT OF TRANSPORTATION column, in §121.412(c), in the second On page 33639, in the third column, line, ‘‘service’’ should read ‘‘serve’’. Coast Guard in the sixth line, between ‘‘Virginia,’’ §135.340 [Corrected] and ‘‘Puerto Rico’’ insert ‘‘West 46 CFR Part 111 Virginia’’. 3. On page 30745, in the third On the same page, in the same Electrical Engineering Requirements column, in §135.340(a)(2), in the fourth column, in the first full paragraph, in for Merchant Vessels line, ‘‘as’’ should read ‘‘an’’. the fourth line, ‘‘(202) 205-3934’’ should BILLING CODE 1505±01±D read ‘‘(202) 205-2924’’. Correction On the same page, in the same In rule document 96–16318 appearing column, in the second paragraph, in the on page 33045 in the issue of federal register July 3,1996 Wednesday Rule Mexico, andSouthAtlantic;InterimFinal Fisheries oftheCaribbean,Gulf 50 CFRParts622,etal. 15 CFRPart902 Administration National OceanicandAtmospheric Commerce Department of Part II 34929 34930 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE shrimp. This interim final rule information requirements contained in reorganizes management measures into this rule should be sent to Edward E. National Oceanic and Atmospheric a logical and cohesive order, removes Burgess, Southeast Regional Office, Administration duplicative and outdated provisions, NMFS, 9721 Executive Center Drive N., and makes changes to improve St. Petersburg, FL 33702, and to the 15 CFR Part 902 readability and clarity and to achieve Office of Information and Regulatory uniformity in regulatory language. This Affairs, Office of Management and 50 CFR Parts 622, 638, 641, 642, 645, interim final rule also amends Budget (OMB), Washington, DC 20503 646, 647, 653, 658, 659, 669, and 670 references to Paperwork Reduction Act (Attention: NOAA Desk Officer). [Docket No. 960313071±6169±022; I.D. (PRA) information-collection FOR FURTHER INFORMATION CONTACT: 050996D] requirements to reflect the Perry Allen or Rod Dalton, NMFS, 813– consolidation; revises the existing, 570–5326. RIN 0648±AI20 approved collections of information SUPPLEMENTARY INFORMATION: related to submissions of permit Fisheries of the Caribbean, Gulf of applications to make them less Background Mexico, and South Atlantic burdensome; and makes revisions to In March 1995, President Clinton AGENCY: National Marine Fisheries existing approved collections of issued a directive to Federal agencies Service (NMFS), National Oceanic and information related to reporting regarding their responsibilities under Atmospheric Administration (NOAA), requirements to improve uniformity of his Regulatory Reinvention Initiative. Commerce. regulatory language. The intended effect This initiative is part of the National of this interim final rule is to make the ACTION: Interim final rule; request for Performance Review and calls for regulations more concise, better comments. comprehensive regulatory reform. The organized, more uniform among President directed all agencies to SUMMARY: NMFS is consolidating eleven fisheries, and thereby easier for the undertake a review of all their CFR parts into one new CFR part. The public to use. This action is part of the regulations, with an emphasis on new part contains regulations President’s Regulatory Reinvention eliminating or modifying those that are implementing management measures Initiative. obsolete, duplicative, or otherwise in contained in the fishery management DATES: Interim final rule effective July 1, need of reform. This interim final rule plans (FMPs) for the following domestic 1996. Written comments on the interim is intended to carry out the President’s fisheries in the Caribbean, Gulf of final rule must be received on or before directive with respect to those Mexico, and South Atlantic: Caribbean August 2, 1996. regulations implementing the following coral, Caribbean reef fish, Caribbean ADDRESSES: Requests for and comments FMPs for domestic fisheries in the spiny lobster, Gulf red drum, Gulf reef on the interim final rule must be sent to Caribbean, Gulf of Mexico, and South fish, Gulf shrimp, Gulf and South the Southeast Regional Office, NMFS, Atlantic. These FMPs were prepared Atlantic coastal migratory pelagics, Gulf 9721 Executive Center Drive N., St. under the Magnuson Act by the and South Atlantic corals, South Petersburg, FL 33702. Comments Caribbean, Gulf of Mexico, and/or South Atlantic red drum, South Atlantic regarding burden-hour estimates or Atlantic Fishery Management Councils snapper-grouper, and South Atlantic other aspects of the collection-of- (CFMC, GMFMC, SAFMC, respectively).

FMP title Responsible council(s) Geographical area

Atlantic Coast Red Drum FMP ...... SAFMC Mid-Atlantic and South Atlantic. FMP for Coastal Migratory Pelagic Resources ...... GMFMC/SAFMC Gulf,1 Mid-Atlantic 1 2 and South Atlantic.1 3 FMP for Coral and Coral Reefs of the Gulf of Mexico ...... GMFMC Gulf. FMP for Coral, Coral Reefs, and Live/Hard Bottom Habi- SAFMC South Atlantic. tats of the South Atlantic Region. FMP for Corals and Reef Associated Plants and Inverte- CFMC Caribbean. brates of Puerto Rico and the U.S. Virgin Islands. FMP for the Red Drum Fishery of the Gulf of Mexico ...... GMFMC Gulf.1 FMP for the Reef Fish Fishery of Puerto Rico and the CFMC Caribbean. U.S. Virgin Islands. FMP for the Reef Fish Resources of the Gulf of Mexico ... GMFMC Gulf.1 FMP for the Shrimp Fishery of the Gulf of Mexico ...... GMFMC Gulf.1 FMP for the Shrimp Fishery of the South Atlantic Region SAFMC South Atlantic. FMP for the Snapper-Grouper Fishery of the South Atlan- SAFMC South Atlantic.1 4 tic Region.. FMP for the Spiny Lobster Fishery of Puerto Rico and the CFMC Caribbean. U.S. Virgin Islands. 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 2 Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic. 3 Bluefish are not managed under the FMP in the South Atlantic. 4 Bank, rock, and black sea bass and scup are not managed by the FMP north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC.

Consolidation of Regulations Into One Gulf and South Atlantic coastal CFR. NMFS, through this rulemaking, CFR Part (50 CFR Part 622) migratory pelagics, Gulf and South removes the eleven parts (50 CFR parts Currently, regulations implementing Atlantic corals, South Atlantic red 638, 641, 642, 645, 646, 647, 653, 658, the FMPs for Caribbean coral, Caribbean drum, South Atlantic snapper-grouper, 659, 669, and 670) and consolidates the reef fish, Caribbean spiny lobster, Gulf and South Atlantic shrimp appear in regulations contained therein into one red drum, Gulf reef fish, Gulf shrimp, eleven separate parts of title 50 of the new part (50 CFR part 622). This Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34931 consolidated regulation provides the Changes To Improve Uniformity Among requirement that all new owners apply public with a single reference source for Regulations for a permit. the Federal marine fisheries regulations In the Southeast Region, many Recordkeeping and Reporting specific to the Caribbean, Gulf of fishermen and dealers participate in Mexico, and South Atlantic. The Changes have been made to achieve multiple fisheries. Making regulatory restructuring of the eleven parts into a consistency regarding deadlines for requirements among fisheries more submission of required reports by single part results in one set of consistent simplifies the overall commercial vessel owners or operators. regulations that is more concise, clearer, management regime, enhances the This rule requires that all such reports and easier to use than the eleven ability of all parties, including NMFS be postmarked not later than 7 days separate parts. General regulations personnel, to understand and remember after the end of each trip. Deadlines for pertaining to all fisheries, formerly at 50 regulations, and improves compliance. submission in the current regulations CFR part 620, have also been As part of this regulatory consolidation are couched in various terms, such as restructured and consolidated and now process, NMFS has standardized ‘‘transmitted’’ and ‘‘received,’’ and, for appear in 50 CFR part 600. Many regulatory provisions among fisheries Gulf reef fish, in terms of ‘‘on a monthly provisions in these general fisheries where it was possible to do so without basis (or more frequently, if requested regulations apply to the fisheries in the significant change in regulatory impact by the Science and Research Director).’’ EEZ in the Caribbean, Gulf of Mexico, or adverse impact on effective The Science and Research Director and South Atlantic. management. The changes involved and currently requires submission of the rationale and expected impacts are required reports by commercial vessel Reorganization and Elimination of discussed below. NMFS invites owners and operators on a trip basis in Regulations comment on these changes. all fisheries where such reports are required. Regulations for the snapper- In new part 622, NMFS has Permits and Fees grouper fishery specify a deadline of reorganized the consolidated postmarked not later than the third day management measures in a more logical A person applying for a permit for a fishery in which a fish trap or sea bass after sale of fish, and the king and and cohesive order. Because portions of Spanish mackerel regulations contain the existing regulations contain pot will be used is required, under existing regulations, to indicate the no submission deadline. This added identical or nearly identical provisions, desired color code for identifying buoys deadline clarifies an implied but similar measures have been combined that are attached to traps/pots. The unspecified deadline for king and and restructured. Sections relating to current regulations for the Gulf reef fish Spanish mackerel, but has no immediate purpose and scope, definitions, relation fishery explicitly state that white is not impact on fishermen because no vessels to other laws, vessel identification, an acceptable color code, and white has are currently selected to submit reports prohibitions, facilitation of enforcement, not been accepted as a color code in in the king and Spanish mackerel penalties, and specifically authorized other trap/pot fisheries. White is not fishery. For snapper-grouper, the new activities, in each of the eleven existing acceptable because buoys are white. deadline is expected to be less parts have been combined into single, Therefore, a white color code would be restrictive on average. respective sections in part 622. For indistinguishable from a buoy that has This rule standardizes requirements example, whereas the existing no color code and would frustrate for submission of required reports for regulations contain eleven, nearly enforcement. This rule makes the charter vessel and headboat owners or identical purpose and scope sections, explicit statement in the reef fish operators to achieve consistency with part 622 contains a single purpose and regulations applicable to all trap/pot the Gulf reef fish requirements. The scope section that addresses all fisheries and merely provides advance reporting deadline for charter vessels established by this rule is not later than applicable fisheries. As a result of this notification to the permit applicant, of 7 days after the end of the reporting consolidation effort, NMFS removed the existing policy—there is no period. Current regulations for snapper- additional regulatory effect. numerous duplicative provisions from grouper charter vessels and headboats the regulations. Existing regulations require that the require submission on a periodic basis, Throughout part 622, types of Director, Southeast Region, NMFS as specified by the Science and management measures and provisions (Regional Director) be notified within 15 Research Director; for coastal migratory common to multiple fisheries are days of any change in pertinent pelagic charter vessels and headboats, grouped together under a single section information provided with a permit weekly submission is required but no heading, e.g., minimum sizes for all application. This rule extends the time deadline is specified. The new period to 30 days and is, therefore, less fisheries are located in a single section. deadlines make the requirements restrictive. Within sections, information or consistent among fisheries and provide requirements of general applicability are The option for a vessel permit for king needed specificity. The new stated in an introductory paragraph to or Spanish mackerel to be transferred requirements are generally less minimize duplication; any aspects upon sale of the vessel and for the new burdensome than existing requirements. owner to fish under the preceding This rule clarifies that the deadline unique to a particular fishery are owner’s permit for up to 60 days is for submission of Gulf reef fish and addressed in subsequent paragraphs deleted in this rule. This complies with snapper-grouper dealer reports is 5 days within the section. Paragraph headings the intent of the Gulf of Mexico and after the end of the month, unless have been added for ease in identifying South Atlantic Fishery Management modified by the Science and Research measures, and regulatory language has Councils that only owners who have Director. Current regulations are less been revised to improve clarity and documented their permit eligibility be specific, requiring submission as consistency. No substantive changes allowed to participate in the fishery. specified by the Science and Research were made to the regulations by this The change is necessary to achieve Director for Gulf reef fish dealers and at reorganization, or by the removal of consistent transfer provisions among monthly intervals, or more frequently, if duplicative provisions. fisheries. This does not alter the existing requested, for snapper-grouper dealers. 34932 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

This rule requires submission of for in the Federal management regime. and results in no additional regulatory negative reports (no fish received) for NMFS is unaware of any snapper- burden on current fishery participants. snapper-grouper and coastal migratory grouper vessels that operate exclusively pelagics dealers, if selected to report. in state waters, and, therefore, are not Landing Fish Intact This is a minimal reporting burden permitted. Accordingly, this For all fisheries for which fish must expected to occur infrequently, but authorization should have no immediate be landed intact, this rule allows such enhances enforceability of reporting effect on fishermen and would not fish to be gilled and scaled, in addition requirements. This requirement has impose an additional reporting burden. to being eviscerated as allowed under been approved by OMB under OMB control number 0648–0016. Vessel and Gear Identification current regulations. Currently only the Gulf reef fish regulations allow such fish This rule adds a provision allowing a This rule standardizes most vessel to be gilled and scaled. This change dealer reporting South Atlantic snapper- and gear identification requirements grouper, other than wreckfish, to report among fisheries; provides less restrictive would achieve consistency among via facsimile (fax). This is a less marking requirements for vessels 25 ft fisheries, lessen existing restrictions, restrictive alternative provided for the (7.6 m) or less in length in all fisheries; and not impair the effectiveness of other convenience of dealers. and makes changes in marking management measures for which the The requirement to make fish requirements to achieve consistency, intact requirement was established. available for inspection by the Science e.g., simply requires numbers and color and Research Director or an authorized Limitations on Fish Traps, Sea Bass codes on buoys to be easily Pots, and Spiny Lobster Traps officer is applied to participants in the distinguished, located, and identified, Caribbean reef fish and Caribbean spiny versus the current differing Current regulations require that, in lobster fisheries. This standardizes the requirements regarding size of such the Caribbean reef fish fishery, a trap requirement among all fisheries markings in various fisheries. These owner’s written authorization for regulated by this part and will improve changes: (1) Enhance consistency; (2) enforceability. Additional burden another person to pull or tend his traps address prior complaints from small must specify the time period for such associated with this change is minimal vessel owners regarding difficulty of since access to fish is all that is authorization. To achieve consistency, complying with marking requirements; provide for effective management and required. (3) relieve restrictions; and (4) will not This rule provides a requirement for enforcement, and protect the owner’s impair enforcement. a charter vessel owner or operator in the interests, this rule adds the same coastal migratory pelagics fishery, who The rule also requires that, in the requirement to the Caribbean spiny has not been selected to submit South Atlantic snapper-grouper fishery, lobster fishery. logbooks, to provide verbal responses to a valid identification tag issued by the seven, simple questions, if selected for Regional Director be attached to each Specifically Authorized Activities an interview. This standardizes the sea bass pot on board a vessel with a Federal permit. Current regulations Current regulations for all fisheries requirement among all fisheries being consolidated by this rule provide regulated by this part that have a charter require this only for pots used or for the appropriate authority to vessel sector. This is a less burdensome possessed in the EEZ; the revised authorize, for the acquisition of alternative for obtaining information on language requires pots on board a vessel an as-needed basis compared to with a Federal permit to have the tag information and data, activities that are selecting the entity to report on a attached while in state waters also. This otherwise prohibited. In addition, under continuing basis under authority in the change makes this aspect of trap the Gulf and South Atlantic coral current regulations. marking requirements consistent in the regulations, the Regional Director may This rule authorizes the Science and Gulf and South Atlantic and will issue a permit for an individual to take Research Director to select for reporting enhance enforceability. NMFS is not or possess prohibited coral when such a snapper-grouper vessel that operates aware of any vessels with Federal prohibited coral will be used for a in state waters adjoining the EEZ snapper-grouper permits that fish scientific, educational, or restoration without a Federal permit. This exclusively in state waters; therefore, purpose. New regulations at 50 CFR standardizes the requirement among this change is not expected to impose an 600.745, entitled ‘‘Scientific research fisheries and is necessary to ensure additional burden. That is, if such activity, exempted fishing, and comprehensive data collection essential vessels fish in Federal waters, the pots exempted educational activity,’’ cover for fisheries management. The purpose would have to be tagged while in activities that are otherwise prohibited and scope section of the existing Federal waters under current and the take of prohibited coral for a snapper-grouper regulations states that regulations. The change would simply scientific, educational, or restoration recordkeeping and reporting require that tags remain on the trap purpose. Accordingly, 50 CFR 600.745 while in state waters. requirements apply in the EEZ and is referred to in the consolidated adjoining state waters. The existing Prohibited Gear and Methods regulations in lieu of including these snapper-grouper regulations require the provisions. owner or operator of a permitted vessel, Use of explosives is prohibited charter vessel, or headboat operating in currently for most fisheries because of Delegation of Authority adjoining state waters to report, if the obvious detrimental impacts on selected. The change imposed by this nontarget fishery resources and habitat. Under NOAA Administrative Order interim final rule applies that same To achieve consistency, this rule 205–11, 7.01, dated December 17, 1990, requirement to an owner or operator of prohibits the use of explosives in the the Under Secretary for Oceans and an unpermitted vessel operating in Gulf shrimp fishery and makes explicit Atmosphere has delegated to the adjoining state waters. This is necessary the implied prohibition in the current Assistant Administrator for Fisheries, to ensure that all sources of fishing coral regulations. NMFS is unaware of NOAA (AA), the authority to sign effort and fishing mortality affecting the any use of explosives in these fisheries; material for publication in the Federal managed stock are properly accounted therefore, this change is preventative Register. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34933

Classification Revision of Approved Collection-of- provide a regulatory regime that is more Information Requirements consistent among all fisheries and less This action has been determined to be This rule revises existing collection- complex. While some of these minor not significant for purposes of E.O. changes may be of the type for which 5 12866. of-information requirements regarding submissions of applications for coral U.S.C. 553 requires notice and Paperwork Reduction Act permits, vessel permits, and dealer opportunity for comment, to do so in this instance would be impractical and This rule contains collection-of- permits. The collections of information associated with such applications are contrary to the public interest. The information requirements subject to the consolidation for the fisheries of the PRA. currently approved under OMB Control No. 0648–0205. In accordance with the Caribbean, Gulf of Mexico, and South Notwithstanding any other provision President’s Reporting Frequency Atlantic is just one component of a of the law, no person is required to Reduction Project, this rule reduces the comprehensive consolidation and respond to, nor shall any person be frequency with which an applicant must restructuring of all of NMFS’ fisheries subject to a penalty for failure to comply apply for renewal of a coral, vessel, or regulations. That consolidation will be with a collection of information, subject dealer permit. Specifically, an applicant effective on July 1, 1996, and the to the requirement of the PRA, unless must apply only every other year in lieu Caribbean, Gulf of Mexico, and South that collection of information displays a of annually. A permit will continue to Atlantic consolidation must be effective currently valid OMB Control Number. be issued for a 1-year period but will be on that date as well or regulatory gaps Approved Collection-of-Information automatically renewed for a second and public confusion will result. The Requirements year, provided a vessel owner/operator majority of changes in the Caribbean, or dealer has met the specific Gulf of Mexico, and South Atlantic The following collection-of- requirements for the permit, all required consolidation, including most of those information requirements have already reports have been submitted, and the that change existing rights or been approved by OMB under the permit is not subject to sanction or obligations, have neutral or less following control numbers: denial. An applicant will be given a restrictive regulatory effects. Those few a. 0648–0013—Dealer reports timely opportunity to correct any changes that result in greater restrictions estimated at 0.085 hours per response. deficiency before a permit expires. This or obligations are not likely to have any Dealer recordkeeping estimated at 0.667 revision relieves a restriction regarding immediate effect for the reasons stated hours per response. Trip interviews the frequency of responses required. in the preamble. None of the changes estimated at 0.167 hours per response. The public reporting burdens for the are expected to increase regulatory b. 0648–0016—Vessel reports: (1) approved collections, in terms of burden significantly. Accordingly, the Commercial vessel logbook reports estimated time required per response, AA, under 5 U.S.C. 553(b)(3)(B), for estimated at 0.18 hours per response, (2) are unchanged by this revision. Send good cause finds that providing advance charter vessel logbook reports estimated comments regarding burden estimates, notice and opportunity for public at 0.20 hours per response, and (3) or any other aspect of the data comment is impractical and contrary to headboat logbook reports estimated at requirements, including suggestions for the public interest. Public comment is 0.20 hours per response. Coral reports: reducing the burden, to NMFS and OMB invited for 30 days. If any significant, (1) Reports for individuals permitted to (see ADDRESSES). unforeseen regulatory effects are harvest prohibited coral, allowable The changes necessary to achieve identified during public comment, octocoral, or live rock or deposit live more uniform reporting requirements, appropriate changes will be made in the rock estimated at 0.25 hours per discussed above under ‘‘Recordkeeping final rule. For the same reasons, the AA, response, and (2) advance notification of and reporting’’, have been approved by under 5 U.S.C. 553(d)(3), for good cause aquacultured live rock harvest estimated OMB under the approved collections of waives the requirement to delay for 30 at 0.033 hours per response. Negative information listed above. days the effectiveness of this rule. reports for fishermen and dealers are Section 3507(c)(B)(i) of the PRA List of Subjects estimated at 0.033 and 0.050 hours per requires that agencies inventory and response, respectively. display a current control number 15 CFR Part 902 c. 0648–0205—Vessel permits assigned by the Director, OMB, for each Reporting and recordkeeping estimated at 0.33 hours per response. agency information collection. Section requirements. Dealer permits estimated at 0.83 hours 902.1(b) identifies the location of NOAA per response. Coral permits estimated at regulations for which OMB approval 50 CFR Part 622 numbers have been issued. Because this 0.25 hours per response. Fisheries, Fishing, Puerto Rico, interim final rule codifies many d. 0648–0262—Wreckfish share Reporting and recordkeeping recordkeeping and reporting transfers estimated at 0.25 hours per requirements, Virgin Islands. response. requirements, 15 CFR 902.1(b) is revised to reference correctly the new sections 50 CFR Parts 638, 641, 642, 645, 646, e. 0648–0305—Gear identification resulting from the consolidation. 653, and 658 requirements estimated at 0.33 hours per response. Administrative Procedure Act Fisheries, Fishing, Reporting and f. 0648–0306—Vessel identification This interim final rule consolidates 11 recordkeeping requirements. requirements estimated at 0.75 hours sets of regulations for the fisheries of the 50 CFR Parts 647 and 659 per response. Caribbean, Gulf of Mexico, and South The estimated response times include Atlantic into one comprehensive rule; Fisheries, Fishing. the time for reviewing instructions, reorganizes management measures in 50 CFR Parts 669 and 670 searching existing data sources, logical order; eliminates language that gathering and maintaining the data was duplicated among the various Fisheries, Fishing, Puerto Rico, needed, and completing and reviewing existing rules; and makes minor changes Reporting and recordkeeping the collections of information. in certain regulatory provisions to requirements, Virgin Islands. 34934 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Dated: June 20, 1996. 622.33 Caribbean EEZ seasonal and/or area CFR part or section Current OMB control Henry R. Beasley, where the information closures. number (all numbers 622.34 Gulf EEZ seasonal and/or area collection requirement begin with 0648±) Acting Assistant Administrator for Fisheries, is located closures. National Marine Fisheries Service. 622.35 South Atlantic EEZ seasonal and/or For the reasons set out in the area closures. preamble, 15 CFR chapter IX and 50 ***** 622.36 Seasonal harvest limitations. 50 CFR 622.37 Minimum sizes. CFR chapter VI are amended as follows: 622.38 Landing fish intact. 15 CFR CHAPTER IX ***** 622.39 Bag and possession limits. 622.4 ...... ±0205. 622.40 Limitations on traps and pots. PART 902ÐNOAA INFORMATION 622.5 ...... ±0013, and ±0016. 622.41 Species specific limitations. 622.6 ...... ±0305, and ±0306. 622.42 Quotas. COLLECTION REQUIREMENTS UNDER 622.15 ...... ±0262. THE PAPERWORK REDUCTION ACT: 622.43 Closures. 622.41(a) ...... ±0016 and ±0305. 622.44 Commercial trip limits. OMB CONTROL NUMBERS 622.45(a) ...... ±0013. 622.45 Restrictions on sale/purchase. ***** 622.46 Prevention of gear conflicts. 1. The authority citation for part 902 622.47 Gulf groundfish trawl fishery. continues to read as follows: 622.48 Adjustment of management 50 CFR CHAPTER VI Authority: 44 U.S.C. 3501 et seq. measures. 3. Part 622 is added to read as follows: Appendix A to Part 622—Species Tables 2. In § 902.1, paragraph (b) table, in Appendix B to Part 622—Gulf Areas PART 622ÐFISHERIES OF THE the entries for 50 CFR in the left Appendix C to Part 622—Fish Length CARIBBEAN, GULF, AND SOUTH Measurements column, in numerical order, the entries ATLANTIC ‘‘638.4’’, ‘‘638.5’’, ‘‘638.6’’, ‘‘638.27’’, Authority: 16 U.S.C. 1801 et seq. ‘‘641.5’’, ‘‘641.6’’, ‘‘641.10’’, ‘‘642.4’’, Subpart AÐGeneral Provisions Subpart AÐGeneral Provisions ‘‘642.5’’, ‘‘642.6’’, ‘‘645.4’’, ‘‘645.6’’, Sec. ‘‘646.4’’, ‘‘646.5’’, ‘‘646.6’’, ‘‘646.10’’, 622.1 Purpose and scope. § 622.1 Purpose and scope. ‘‘653.5’’, ‘‘658.5’’, ‘‘658.6’’, ‘‘669.6’’, 622.2 Definitions and acronyms. ‘‘670.6’’, and ‘‘670.23’’ and their 622.3 Relation to other laws and (a) The purpose of this part is to regulations. implement the FMPs prepared under corresponding OMB control numbers in 622.4 Permits and fees. the right column are removed, and new the Magnuson Act by the CFMC, 622.5 Recordkeeping and reporting. GMFMC, and/or SAFMC listed in Table entries ‘‘622.4’’, ‘‘622.5’’, ‘‘622.6’’, 622.6 Vessel and gear identification. 622.15’’, ‘‘622.41(a)’’, and ‘‘622.45(a)’’ 622.7 Prohibitions. 1 of this section. and their corresponding OMB control Subpart BÐEffort Limitations (b) This part governs conservation and numbers are added in numerical order management of species included in the 622.15 Wreckfish individual transferable FMPs in or from the Caribbean, Gulf, to read as follows: quota (ITQ) system. 622.16 Red snapper individual transferable Mid-Atlantic, or South Atlantic EEZ, as § 902.1 OMB control numbers assigned quota (ITQ) system. indicated in Table 1 of this section. For pursuant to the Paperwork Reduction Act. the FMPs noted in the following table, Subpart CÐManagement Measures * * * * * conservation and management extends 622.30 Fishing years. (b) * * * to adjoining state waters for the 622.31 Prohibited gear and methods. purposes of data collection and 622.32 Prohibited and limited-harvest monitoring: species. TABLE 1.ÐFMPS IMPLEMENTED UNDER PART 622

Responsible fishery FMP title management council(s) Geographical area

Atlantic Coast Red Drum FMP ...... SAFMC Mid-Atlantic and South Atlantic. FMP for Coastal Migratory Pelagic Resources ...... GMFMC/SAFMC Gulf,1 Mid-Atlantic 1,2 and South Atlantic.1, 3 FMP for Coral and Coral Reefs of the Gulf of Mexico ...... GMFMC Gulf. FMP for Coral, Coral Reefs, and Live/Hard Bottom Habi- SAFMC South Atlantic. tats of the South Atlantic Region. FMP for Corals and Reef Associated Plants and Inverte- CFMC Caribbean. brates of Puerto Rico and the U.S. Virgin Islands. FMP for the Red Drum Fishery of the Gulf of Mexico ...... GMFMC Gulf.1 FMP for the Reef Fish Fishery of Puerto Rico and the CFMC Caribbean. U.S. Virgin Islands. FMP for the Reef Fish Resources of the Gulf of Mexico ... GMFMC Gulf.1 FMP for the Shrimp Fishery of the Gulf of Mexico ...... GMFMC Gulf.1 FMP for the Shrimp Fishery of the South Atlantic Region SAFMC South Atlantic. FMP for the Snapper-Grouper Fishery of the South Atlan- SAFMC South Atlantic.1, 4 tic Region. FMP for the Spiny Lobster Fishery of Puerto Rico and the CFMC Caribbean. U.S. Virgin Islands. 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 2 Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic. 3 Bluefish are not managed under the FMP in the South Atlantic. 4 Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34935

§ 622.2 Definitions and acronyms. Order Gorgonacea; a live rock; or a stony lines and buoys), regardless of the In addition to the definitions in the coral, that is, a Caribbean coral reef construction material, used for or Magnuson Act and in § 600.10 of this resource of the Class Hydrozoa (fire capable of taking fish, except a sea bass chapter, and the acronyms in § 600.15 of corals and hydrocorals) or of the Class pot or a crustacean trap (that is, a type this chapter, the terms and acronyms Anthozoa, Subclass Hexacorallia, of trap historically used in the directed used in this part have the following Orders Scleractinia (stony corals) and fishery for blue crab, stone crab, or meanings: Antipatharia (black corals); or a part spiny lobster and that contains at any Allowable chemical means a thereof. time not more than 25 percent, by substance, generally used to immobilize Caribbean reef fish means one or more number, of fish other than blue crab, marine life so that it can be captured of the species, or a part thereof, listed stone crab, and spiny lobster). alive, that, when introduced into the in Table 2 in Appendix A of this part. Fork length means the straight-line water, does not take Gulf and South Caribbean spiny lobster means the distance from the tip of the head (snout) Atlantic prohibited coral and is allowed species Panulirus argus, or a part to the rear center edge of the tail (caudal by Florida for the harvest of tropical fish thereof. fin). (See Figure 2 in Appendix C of this (e.g., quinaldine, quinaldine CFMC means the Caribbean Fishery part.) compounds, or similar substances). Management Council. GMFMC means the Gulf of Mexico Allowable octocoral means an erect, Charter vessel means a vessel less Fishery Management Council. nonencrusting species of the subclass than 100 gross tons (90.8 mt) that meets Gulf means the Gulf of Mexico. The Octocorallia, except the seafans the requirements of the USCG to carry line of demarcation between the Gorgonia flabellum and G. ventalina, six or fewer passengers for hire and that Atlantic Ocean and the Gulf of Mexico plus the attached substrate within 1 carries a passenger for hire at any time is specified in § 600.105(c) of this inch (2.54 cm) of an allowable octocoral. during the calendar year. A charter chapter. vessel with a commercial permit, as Gulf reef fish means one or more of Note: An erect, nonencrusting species of required under § 622.4(a)(2), is the species, or a part thereof, listed in the subclass Octocorallia, except the seafans Gorgonia flabellum and G. ventalina, with considered to be operating as a charter Table 3 in Appendix A of this part. attached substrate exceeding 1 inch (2.54 cm) vessel when it carries a passenger who Gulf and South Atlantic prohibited is considered to be live rock and not pays a fee or when there are more than coral means, in the Gulf and South allowable octocoral. three persons aboard, including operator Atlantic, one or more of the following, and crew. or a part thereof: Aquacultured live rock means live Coastal migratory pelagic fish means (1) Coral belonging to the Class rock that is harvested under a Federal one or more of the following species, or Hydrozoa (fire corals and hydrocorals). aquacultured live rock permit, as a part thereof: (2) Coral belonging to the Class required under § 622.4(a)(3)(iii). (1) Bluefish, Pomatomus saltatrix Anthozoa, Subclass Hexacorallia, Authorized statistical reporting agent (Gulf of Mexico only). Orders Scleractinia (stony corals) and means: (2) Cero, Scomberomorus regalis. Antipatharia (black corals). (1) Any person so designated by the (3) Cobia, Rachycentron canadum. (3) A seafan, Gorgonia flabellum or G. SRD; or (4) Dolphin, Coryphaena hippurus ventalina. (2) Any person so designated by the (5) King mackerel, Scomberomorus (4) Coral in a coral reef, except for head of any Federal or State agency that cavalla. allowable octocoral. has entered into an agreement with the (6) Little tunny, Euthynnus (5) Coral in an HAPC, including Assistant Administrator to collect alletteratus. allowable octocoral. fishery data. (7) Spanish mackerel, Scomberomorus HAPC means habitat area of particular Buoy gear means fishing gear maculatus. concern. consisting of a float and one or more Coral area means marine habitat in Headboat means a vessel that holds a weighted lines suspended therefrom, the Gulf or South Atlantic EEZ where valid Certificate of Inspection issued by generally long enough to reach the coral growth abounds, including patch the USCG to carry passengers for hire. bottom. A hook or hooks (usually 6 to reefs, outer bank reefs, deep water A headboat with a commercial vessel 10) are on the lines at or near the end. banks, and hard bottoms. permit, as required under § 622.4(a)(2), The float and line(s) drift freely and are Drift gillnet, for the purposes of this is considered to be operating as a retrieved periodically to remove catch part, means a gillnet, other than a run- headboat when it carries a passenger and rebait hooks. around gillnet, that is unattached to the who pays a fee or— Carapace length means the straight- ocean bottom, whether or not attached (1) In the case of persons aboard line distance from the orbital notch to a vessel. fishing for or possessing South Atlantic inside the orbital spine, in a line Fish trap means— snapper-grouper, when there are more parallel to the lateral rostral sulcus, to (1) In the Caribbean EEZ, a trap and persons aboard than the number of crew the posterior margin of the its component parts (including the lines specified in the vessel’s Certificate of cephalothorax. (See Figure 1 in and buoys), regardless of the Inspection; or Appendix C of this part.) construction material, used for or (2) In the case of persons aboard Caribbean means the Caribbean Sea capable of taking finfish. fishing for or possessing coastal around Puerto Rico and the U.S. Virgin (2) In the Gulf EEZ, a trap and its migratory pelagic fish or Gulf reef fish, Islands. component parts (including the lines when there are more than three persons Caribbean coral reef resource means and buoys), regardless of the aboard, including operator and crew. one or more of the species, or a part construction material, used for or Live rock means living marine thereof, listed in Table 1 in Appendix A capable of taking finfish, except a trap organisms, or an assemblage thereof, of this part, whether living or dead. historically used in the directed fishery attached to a hard substrate, including Caribbean prohibited coral means, in for crustaceans (that is, blue crab, stone dead coral or rock (excluding individual the Caribbean; a gorgonian, that is, a crab, and spiny lobster). mollusk shells). Caribbean coral reef resource of the (3) In the South Atlantic EEZ, a trap MAFMC means the Mid-Atlantic Class Anthozoa, Subclass Octocorallia, and its component parts (including the Fishery Management Council. 34936 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Mid-Atlantic means the Atlantic station on Bird Island at 33° 51′07.9′′ N. (6) White shrimp, Penaeus setiferus. Ocean off the Atlantic coastal states lat., 78°32′32.6′′ W. long. SMZ means special management from the boundary between the New Off South Carolina means the waters zone. England Fishery Management Council in the South Atlantic from a line South Atlantic means the Atlantic and the MAFMC, as specified in extending in a direction of 135°34′55′′ Ocean off the Atlantic coastal states § 600.105(a) of this chapter, to the from true north from the North from the boundary between the MAFMC boundary between the MAFMC and the Carolina/South Carolina boundary, as and the SAFMC, as specified in SAFMC, as specified in § 600.105(b) of marked by the border station on Bird § 600.105(b) of this chapter, to the line this chapter. Island at 33°51′07.9′′ N. lat., 78′32′32.6′′ of demarcation between the Atlantic Migratory group, for king and Spanish W. long., to a line extending in a Ocean and the Gulf of Mexico, as mackerel, means a group of fish that direction of 104° from true north from specified in § 600.105(c) of this chapter. may or may not be a separate genetic the seaward terminus of the South South Atlantic snapper-grouper stock, but that is treated as a separate Carolina/Georgia boundary. means one or more of the species, or a stock for management purposes. King Off Texas means the waters in the part thereof, listed in Table 4 in and Spanish mackerel are divided into Gulf west of a rhumb line from 29°32.1′ Appendix A of this part. Total length (TL), for the purposes of migratory groups—the Atlantic N. lat., 93°47.7′ W. long. to 26°11.4′ N. this part, means the straight-line migratory group and the Gulf migratory lat., 92°53′ W. long., which line is an distance from the tip of the snout to the group. The boundaries between these extension of the boundary between tip of the tail (caudal fin), excluding any groups are as follows: Louisiana and Texas. caudal filament, while the fish is lying (1) King mackerel—(i) Summer Powerhead means any device with an explosive charge, usually attached to a on its side. The mouth of the fish may separation. From April 1 through be closed and/or the tail may be October 31, the boundary separating the speargun, spear, pole, or stick, that fires a projectile upon contact. squeezed together to give the greatest Gulf and Atlantic migratory groups of overall measurement. (See Figure 2 in king mackerel is 25°48′ N. lat., which is Processor means a person who processes fish or fish products, or parts Appendix C of this part.) a line directly west from the Monroe/ Toxic chemical means any substance, Collier County, FL, boundary to the thereof, for commercial use or consumption. other than an allowable chemical, that, outer limit of the EEZ. when introduced into the water, can (ii) Winter separation. From Purchase means the act or activity of buying, trading, or bartering, or stun, immobilize, or take marine life. November 1 through March 31, the Trip means a fishing trip, regardless of boundary separating the Gulf and attempting to buy, trade, or barter. Red drum, also called redfish, means number of days duration, that begins Atlantic migratory groups of king with departure from a dock, berth, mackerel is 29°25′ N. lat., which is a Sciaenops ocellatus, or a part thereof. Red snapper means Lutjanus beach, seawall, or ramp and that line directly east from the Volusia/ terminates with return to a dock, berth, Flagler County, FL boundary to the campechanus, or a part thereof, one of the Gulf reef fish species. beach, seawall, or ramp. outer limit of the EEZ. Wild live rock means live rock other Regional Director (RD), for the (2) Spanish mackerel. The boundary than aquacultured live rock. purposes of this part, means the separating the Gulf and Atlantic Wreckfish means the species Director, Southeast Region, NMFS (see migratory groups of Spanish mackerel is Polyprion americanus, or a part thereof, Table 1 of § 600.502 of this chapter). 25°20.4′ N. lat., which is a line directly one of the South Atlantic snapper- Run-around gillnet means a gillnet east from the Dade/Monroe County, FL, grouper species. with a float line 1,000 yd (914 m) or less boundary to the outer limit of the EEZ. in length that, when used, encloses an § 622.3 Relation to other laws and Off Florida means the waters in the area of water. regulations. Gulf and South Atlantic from SAFMC means the South Atlantic (a) The relation of this part to other 30°42′45.6′′ N. lat., which is a line Fishery Management Council. laws is set forth in § 600.705 of this directly east from the seaward terminus Sale or sell means the act or activity chapter and paragraphs (b) and (c) of of the Georgia/Florida boundary, to ° ′ ′′ of transferring property for money or this section. 87 31 06 W. long., which is a line credit, trading, or bartering, or (b) Except for regulations on directly south from the Alabama/Florida attempting to so transfer, trade, or allowable octocoral, Gulf and South boundary. barter. Atlantic prohibited coral, and live rock, Off Georgia means the waters in the Science and Research Director (SRD), this part is intended to apply within the South Atlantic from a line extending in for the purposes of this part, means the ° EEZ portions of applicable National a direction of 104 from true north from Science and Research Director, Marine Sanctuaries and National Parks, the seaward terminus of the South Southeast Fisheries Science Center, unless the regulations governing such Carolina/Georgia boundary to NMFS (see Table 1 of § 600.502 of this ° ′ ′′ Sanctuaries or Parks prohibit their 30 42 45.6 N. lat., which is a line chapter). application. Regulations on allowable directly east from the seaward terminus Sea bass pot means a trap has six octocoral, Gulf and South Atlantic of the Georgia/Florida boundary. rectangular sides and does not exceed prohibited coral, and live rock do not Off Louisiana, Mississippi, and 25 inches (63.5 cm) in height, width, or apply within the EEZ portions of the Alabama means the waters in the Gulf depth. following National Marine Sanctuaries other than off Florida and off Texas. Shrimp means one or more of the and National Parks: Off North Carolina means the waters following species, or a part thereof: (1) Everglades National Park (36 CFR ° ′ ′′ in the South Atlantic from 36 34 55 N. (1) Brown shrimp, Penaeus aztecus. 7.45). lat., which is a line directly east from (2) Pink shrimp, Penaeus duorarum. (2) Looe Key National Marine the Virginia/North Carolina boundary, (3) Rock shrimp, Sicyonia brevirostris. Sanctuary (15 CFR part 937). to a line extending in a direction of (4) Royal red shrimp, Pleoticus (3) Fort Jefferson National Monument 135°34′55′′ from true north from the robustus. (36 CFR 7.27). North Carolina/South Carolina (5) Seabob shrimp, Xiphopenaeus (4) Key Largo Coral Reef National boundary, as marked by the border kroyeri. Marine Sanctuary (15 CFR part 929). Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34937

(5) Biscayne National Park (16 U.S.C. this section for restrictions on addition of the applicant’s earned income must 410gg). or deletion of a gillnet endorsement. have been derived from commercial (6) Gray’s Reef National Marine (iii) [Reserved] fishing, that is, sale of fish harvested Sanctuary (15 CFR Part 938). (iv) King and Spanish mackerel. For from the applicant’s vessels, or from (7) Monitor Marine Sanctuary (15 CFR a person aboard a vessel to be eligible charter or headboat operations; or gross part 924). for exemption from the bag limits and sales of fish harvested from the owner’s, (c) For allowable octocoral, if a state to fish under a quota for king or Spanish operator’s, corporation’s, or has a catch, landing, or gear regulation mackerel in or from the Gulf, Mid- partnership’s vessels must have been that is more restrictive than a catch, Atlantic, or South Atlantic EEZ, a greater than $20,000, during one of the landing, or gear regulation in this part, commercial vessel permit for king and 3 calendar years preceding the a person landing in such state allowable Spanish mackerel must have been application. octocoral taken from the Gulf or South issued to the vessel and must be on (vii) Wreckfish. For a person aboard a Atlantic EEZ must comply with the board. To obtain or renew a commercial vessel to fish for wreckfish in the South more restrictive state regulation. vessel permit for king and Spanish Atlantic EEZ, possess wreckfish in or (d) General provisions on facilitation mackerel, at least 10 percent of the from the South Atlantic EEZ, offload of enforcement, penalties, and applicant’s earned income must have wreckfish from the South Atlantic EEZ, enforcement policy applicable to all been derived from commercial fishing, or sell wreckfish in or from the South domestic fisheries are set forth in that is, sale of fish harvested from the Atlantic EEZ, a commercial vessel §§ 600.730, 600.735, and 600.740 of this applicant’s vessels, during one of the 3 permit for wreckfish must have been chapter, respectively. calendar years preceding the issued to the vessel and must be on (e) An activity that is otherwise application. board. To obtain a commercial vessel prohibited by this part may be (v) Gulf reef fish. For a person aboard permit for wreckfish, the applicant must conducted if authorized as scientific a vessel to be eligible for exemption be a wreckfish shareholder; and either research activity, exempted fishing, or from the bag limits, to fish under a the shareholder must be the vessel exempted educational activity, as quota, or to sell Gulf reef fish in or from owner or the owner or operator must be specified in § 600.745 of this chapter. the Gulf EEZ, a commercial vessel an employee, contractor, or agent of the permit for Gulf reef fish must have been shareholder. (See § 622.15 for § 622.4 Permits and fees. issued to the vessel and must be on information on wreckfish shareholders.) (a) Permits required. To conduct board. To obtain or renew a commercial (3) Coral permits—(i) Allowable activities in fisheries governed in this vessel permit for Gulf reef fish, more chemical. For an individual to take or part, valid Federal permits are required than 50 percent of the applicant’s possess fish or other marine organisms as follows: earned income must have been derived with an allowable chemical in a coral (1) Charter vessel/headboat permits. from commercial fishing, that is, sale of area, other than fish or other marine For a person aboard a vessel that is fish harvested from the applicant’s organisms that are landed in Florida, a operating as a charter vessel or headboat vessels, or from charter or headboat Federal allowable chemical permit must to fish for or possess coastal migratory operations during either of the 2 have been issued to the individual. pelagic fish, Gulf reef fish, or South calendar years preceding the Such permit must be available when the Atlantic snapper-grouper in or from the application. See paragraph (m) of this permitted activity is being conducted EEZ, a charter vessel/headboat permit section regarding a moratorium on and when such fish or other marine for coastal migratory pelagic fish, Gulf commercial vessel permits for Gulf reef organisms are possessed, through reef fish, or South Atlantic snapper- fish and paragraph (m)(3) of this section landing ashore. grouper, respectively, must have been for a limited exception to the earned (ii) Allowable octocoral. For an issued to the vessel and must be on income requirement for a permit. individual to take or possess allowable board. A charter vessel or headboat may (vi) South Atlantic snapper-grouper. octocoral in the Gulf or South Atlantic have both a charter vessel/headboat For a person aboard a vessel to be EEZ, other than allowable octocoral that permit and a commercial vessel permit. eligible for exemption from the bag is landed in Florida, a Federal allowable However, when a vessel is operating as limits for South Atlantic snapper- octocoral permit must have been issued a charter vessel or headboat, a person grouper in or from the South Atlantic to the individual. Such permit must be aboard must adhere to the bag limits. EEZ, to engage in the directed fishery available for inspection when the (2) Commercial vessel permits and for tilefish in the South Atlantic EEZ, to permitted activity is being conducted endorsements—(i) Fish traps in the use a longline to fish for South Atlantic and when allowable octocoral is Gulf. For a person to possess or use a snapper-grouper in the South Atlantic possessed, through landing ashore. fish trap in the EEZ in the Gulf of EEZ, or to use a sea bass pot in the (iii) Aquacultured live rock. For a Mexico, a commercial vessel permit for South Atlantic EEZ north of 28°35.1′ N. person to take or possess aquacultured Gulf reef fish with a fish trap lat. (due east of the NASA Vehicle live rock in the Gulf or South Atlantic endorsement must have been issued to Assembly Building, Cape Canaveral, EEZ, a Federal aquacultured live rock the vessel and must be on board. See FL), a commercial vessel permit for permit must have been issued for the paragraph (n) of this section regarding a South Atlantic snapper-grouper must specific harvest site. Such permit, or a moratorium on fish trap endorsements. have been issued to the vessel and must copy, must be on board a vessel (ii) Gillnets for king mackerel in the be on board. A vessel with longline gear depositing or possessing material on an Florida west coast subzone. For a person and more than 200 lb (90.7 kilograms) aquacultured live rock site or harvesting aboard a vessel to use a run-around of tilefish aboard is considered to be in or possessing live rock from an gillnet for king mackerel in the Florida the directed fishery for tilefish. It is a aquacultured live rock site. west coast subzone (see rebuttable presumption that a fishing (iv) Prohibited coral. A Federal permit § 622.42(c)(1)(i)(A)(3)), a commercial vessel with more than 200 lb of tilefish may be issued to take or possess Gulf vessel permit for king and Spanish aboard harvested such tilefish in the and South Atlantic prohibited coral or mackerel with a gillnet endorsement EEZ. To obtain or renew a commercial Caribbean prohibited coral only as must have been issued to the vessel and vessel permit for South Atlantic scientific research activity, exempted must be on board. See paragraph (o) of snapper-grouper, more than 50 percent fishing, or exempted educational 34938 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations activity. See § 600.745 of this chapter for effective. All vessel permits are mailed (D) Name, address, telephone number, the procedures and limitations for such to owners, whether the applicant is an other identifying information, and activities and fishing. owner or an operator. official capacity in the business of the (v) Florida permits. Appropriate (1) Coral permits. (i) The applicant for applicant. Florida permits and endorsements are a coral permit must be the individual (E) Any other information that may be required for the following activities, who will be conducting the activity that necessary for the issuance or without regard to whether they involve requires the permit. In the case of a administration of the permit, as activities in the EEZ or Florida’s waters: corporation or partnership that will be specified on the application form. (A) Landing in Florida fish or other conducting live rock aquaculture (3) Vessel permits. (i) The application marine organisms taken with an activity, the applicant must be the for a commercial vessel permit, other allowable chemical in a coral area. principal shareholder or a general than for wreckfish, or for a charter (B) Landing allowable octocoral in partner. vessel/headboat permit must be Florida. (ii) An applicant must provide the submitted by the owner (in the case of (C) Landing live rock in Florida. following: a corporation, an officer or shareholder; (vi) Wild live rock permits. A Federal (A) Name, address, telephone number, in the case of a partnership, a general permit is required for a vessel to take or and other identifying information of the partner) or operator of the vessel. A possess wild live rock in or from the applicant. commercial vessel permit that is issued Gulf EEZ. To be eligible for a wild live (B) Name and address of any affiliated based on the earned income rock vessel permit, the current owner of company, institution, or organization. qualification of an operator is valid only the vessel for which the permit is (C) Information concerning vessels, when that person is the operator of the requested must have had the required harvesting gear/methods, or fishing vessel. The applicant for a commercial Florida permit and endorsements for areas, as specified on the application vessel permit for wreckfish must be a live rock on or before February 3, 1994, form. wreckfish shareholder. and a record of landings of live rock on (D) Any other information that may be (ii) An applicant must provide the or before February 3, 1994, as necessary for the issuance or following: documented on trip tickets received by administration of the permit. (A) A copy of the vessel’s valid USCG the Florida Department of (E) If applying for an aquacultured certificate of documentation or, if not Environmental Protection before March live rock permit, identification of each documented, a copy of its valid state 15, 1994. For landings other than in vessel that will be depositing material registration certificate. Florida, equivalent state permits/ on or harvesting aquacultured live rock (B) Vessel name and official number. endorsements, if required, and landing from the proposed aquacultured live (C) Name, address, telephone number, records may be substituted for the rock site, specification of the port of and other identifying information of the Florida permits/endorsements and trip landing of aquacultured live rock, and a vessel owner and of the applicant, if tickets. An owner will not be issued site evaluation report prepared pursuant other than the owner. permits in numbers exceeding the to generally accepted industry standards (D) Any other information concerning number of vessels for which the owning that— the vessel, gear characteristics, principal entity had the requisite reported (1) Provides accurate coordinates of fisheries engaged in, or fishing areas, as landings. An owner of a permitted the proposed harvesting site so that it specified on the application form. vessel may transfer the vessel permit to can be located using LORAN or Global (E) Any other information that may be another vessel owned by the same Positioning System equipment; necessary for the issuance or person by returning the existing permit (2) Shows the site on a chart in administration of the permit, as with an application for a vessel permit sufficient detail to determine its size specified on the application form. for the replacement vessel. No wild live and allow for site inspection; (F) If applying for a commercial vessel rock vessel permits will be issued after (3) Discusses possible hazards to safe permit, documentation, as specified in the quota for wild live rock in the Gulf, navigation or hindrance to vessel traffic, the instructions accompanying each as specified in § 622.42(b)(2), is reached traditional fishing operations, or other application form, showing that or after December 31, 1996. public access that may result from applicable eligibility requirements of (4) Dealer permits. For a dealer to aquacultured live rock at the site; paragraph (a)(2) of this section have receive Gulf reef fish, South Atlantic (4) Describes the naturally occurring been met. snapper-grouper, or wreckfish harvested bottom habitat at the site; and (G) If a fish trap or sea bass pot will from the Gulf or South Atlantic EEZ, a (5) Specifies the type and origin of be used, the number, dimensions, and dealer permit for Gulf reef fish, South material to be deposited on the site and estimated cubic volume of the traps/ Atlantic snapper-grouper, or wreckfish, how it will be distinguishable from the pots that will be used and the respectively, must have been issued to naturally occurring substrate. applicant’s desired color code for use in the dealer. To obtain a dealer permit, (2) Dealer permits. (i) The application identifying his or her vessel and buoys the applicant must have a valid state for a dealer permit must be submitted by (white is not an acceptable color code). wholesaler’s license in the state(s) the owner (in the case of a corporation, (c) Change in application information. where the dealer operates, if required by an officer or shareholder; in the case of The owner or operator of a vessel with such state(s), and must have a physical a partnership, a general partner). a permit or a dealer with a permit must facility at a fixed location in such (ii) An applicant must provide the notify the RD within 30 days after any state(s). following: change in the application information (b) Applications for permits. (A) A copy of each state wholesaler’s specified in paragraph (b) of this Application forms for all permits are license held by the dealer. section. The permit is void if any available from the RD. Completed (B) Name, address, telephone number, change in the information is not application forms and all required date the business was formed, and other reported within 30 days. supporting documents must be identifying information of the business. (d) Fees. A fee is charged for each submitted to the RD at least 30 days (C) The address of each physical permit application submitted under prior to the date on which the applicant facility at a fixed location where the paragraph (b) of this section and for desires to have the permit made business receives fish. each fish trap or sea bass pot Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34939 identification tag required under is, the notification will advise that the permit for Gulf reef fish to another § 622.6(b)(1)(i). The amount of each fee renewed permit will be issued without vessel owned by the same entity by is calculated in accordance with the further action by the owner or dealer, returning the existing permit to the RD procedures of the NOAA Finance that the permit is not eligible for with an application for a commercial Handbook, available from the RD, for automatic renewal, or that a new vessel permit for the replacement vessel. determining the administrative costs of application is required. A notification (3) An owner whose earned income each special product or service. The fee that a permit is not eligible for qualified for the commercial vessel may not exceed such costs and is automatic renewal will specify the permit for Gulf reef fish may transfer specified with each application form. reasons and will provide an opportunity that permit to the owner of another The appropriate fee must accompany for correction of any deficiencies. A vessel or to the new owner when he or each application or request for fish trap/ notification that a new application is she sells the permitted vessel. The sea bass pot identification tags. required will include a preprinted owner of a vessel that is to receive the (e) Initial issuance. (1) The RD will renewal application. An automatically transferred permit must return the issue an initial permit at any time to an renewed permit will be mailed by the existing permit to the RD with an applicant if the application is complete RD approximately 1 month prior to application for a commercial vessel and the specific requirements for the expiration of the old permit. A vessel permit for Gulf reef fish for his or her requested permit have been met. An owner or dealer who does not receive a vessel. Such new owner may receive a application is complete when all notification of status of renewal of a commercial vessel permit for Gulf reef requested forms, information, and permit by 45 days prior to expiration of fish for that vessel, and renew it for the documentation have been received. the current permit must contact the RD. first calendar year after obtaining it, (2) Upon receipt of an incomplete (i) Display. A vessel permit or without meeting the earned income application, the RD will notify the endorsement issued under this section requirement of paragraph (a)(2)(v) of applicant of the deficiency. If the must be carried on board the vessel. A this section. However, to renew the applicant fails to correct the deficiency dealer permit issued under this section, commercial vessel permit for the second within 30 days of the date of the RD’s or a copy thereof, must be available on calendar year after the transfer, the new letter of notification, the application the dealer’s premises. In addition, a owner must meet that earned income will be considered abandoned. copy of the dealer’s permit must requirement not later than the first (f) Duration. A permit remains valid accompany each vehicle that is used to calendar year after the permit transfer for the period specified on it unless it pick up from a fishing vessel reef fish takes place. is revoked, suspended, or modified harvested from the Gulf EEZ. The (4) A commercial vessel permit for pursuant to subpart D of 15 CFR part operator of a vessel must present the Gulf reef fish that is not renewed or that 904 or the vessel or dealership is sold. permit or endorsement for inspection is revoked will not be reissued. A (g) Transfer. A vessel permit or upon the request of an authorized permit is considered to be not renewed endorsement or dealer permit issued officer. A dealer or a vehicle operator when an application for renewal is not under this section is not transferable or must present the permit or a copy for received by the RD within 1 year of the assignable, except as provided in inspection upon the request of an expiration date of the permit. paragraph (m) of this section for a authorized officer. (n) Moratorium on endorsements for commercial vessel permit for Gulf reef (j) Sanctions and denials. A permit or fish traps in the Gulf. The provisions of fish or as provided in paragraph (n) of endorsement issued pursuant to this this paragraph (n) are effective through this section for a fish trap endorsement. section may be revoked, suspended, or February 7, 1997. A person who acquires a vessel or modified, and a permit or endorsement (1) A fish trap endorsement will not dealership who desires to conduct application may be denied, in be issued or renewed unless the current activities for which a permit or accordance with the procedures owner of the commercially permitted endorsement is required must apply for governing enforcement-related permit vessel for which the endorsement is a permit or endorsement in accordance sanctions and denials found at subpart requested has a record of landings of with the provisions of this section. If the D of 15 CFR part 904. Gulf reef fish from fish traps in the Gulf acquired vessel or dealership is (k) Alteration. A permit that is altered, EEZ during 1991 or 1992, as reported on currently permitted, the application erased, or mutilated is invalid. fishing vessel logbooks received by the must be accompanied by the original (l) Replacement. A replacement SRD on or before November 19, 1992. permit and a copy of a signed bill of sale permit or endorsement may be issued. An owner will not be issued fish trap or equivalent acquisition papers. An application for a replacement permit endorsements for vessels in numbers (h) Renewal. Although a permit or endorsement will not be considered exceeding the number of vessels for required by this section is issued on an a new application. A fee, the amount of which the owning entity had the annual basis, an application for permit which is stated with the application requisite reported landings in 1991 or renewal is required only every 2 years. form, must accompany each request for 1992. In the interim years, a permit is renewed a replacement. (2) An owner of a vessel with a fish automatically (without application) for a (m) Moratorium on commercial vessel trap endorsement may transfer the vessel owner or dealer who has met the permits for Gulf reef fish. This endorsement to another vessel owned specific requirements for the requested paragraph (m) is effective through by the same entity by returning the permit, who has submitted all reports December 31, 2000. existing endorsement with an required under the Magnuson Act, and (1) Except for an application for application for an endorsement for the who is not subject to a permit sanction renewal of an existing commercial replacement vessel. or denial under paragraph (j) of this vessel permit for Gulf reef fish, or as (3) A fish trap endorsement is not section. An owner or dealer whose provided in paragraphs (m)(2) and (3) of transferable upon change of ownership permit is expiring will be mailed a this section, no applications for such of a vessel with such endorsement, notification by the RD approximately 2 commercial vessel permits will be except as follows: months prior to expiration of the current accepted. (i) Such endorsement is transferable permit. That notification will advise the (2) An owner of a permitted vessel when the change of ownership of the status of the renewal of the permit. That may transfer the commercial vessel permitted vessel is from one to another 34940 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations of the following: Husband, wife, son, (1) An owner of a vessel that has a heads off), fishing areas and depths, and daughter, brother, sister, mother, or commercial vessel permit for king and person to whom sold. father. Spanish mackerel may add or delete a (iv) South Atlantic snapper-grouper. (ii) In the event that a vessel with a gillnet endorsement on a permit by (A) The owner or operator of a vessel for fish trap endorsement has a change of returning to the RD the vessel’s existing which a commercial permit for South ownership that is directly related to the permit with a written request for Atlantic snapper-grouper has been disability or death of the owner, the RD addition or deletion of the gillnet issued, as required under may issue such endorsement, endorsement. Such request must be § 622.4(a)(2)(vi), or whose vessel fishes temporarily or permanently, with the postmarked or hand delivered during for or lands South Atlantic snapper- commercial vessel permit for Gulf reef June, each year. grouper in or from state waters fish that is issued for the vessel under (2) A gillnet endorsement may not be adjoining the South Atlantic EEZ, who the new owner. Such new owner will be added or deleted from July 1 through is selected to report by the SRD must the person specified by the owner or May 31 each year, any renewal of the maintain a fishing record on a form his/her legal guardian, in the case of a permit during that period available from the SRD and must submit disabled owner, or by the will or notwithstanding. From July 1 through such record as specified in paragraph executor/administrator of the estate, in May 31, a permitted vessel that is sold, (a)(2) of this section. the case of a deceased owner. (Change if permitted by the new owner for king (B) The wreckfish shareholder under of ownership of a vessel with a and Spanish mackerel, will receive a § 622.15, or operator of a vessel for commercial vessel permit for Gulf reef permit with or without the gillnet which a commercial permit for fish upon disability or death of an endorsement as was the case for the wreckfish has been issued, as required owner is considered a purchase of a vessel under the previous owner. From under § 622.4(a)(2)(vii), must maintain a permitted vessel and paragraph (m)(3) of July 1 through May 31, the initial fishing record on a form available from this section applies regarding a commercial vessel permit for king and the SRD and must submit such record commercial vessel permit for Gulf reef Spanish mackerel issued for a vessel as specified in paragraph (a)(2) of this fish for the vessel under the new new to the fishery will be issued section. (C) The wreckfish shareholder under owner.) without a gillnet endorsement. § 622.15, or operator of a vessel for (4) A fish trap endorsement in effect § 622.5 Recordkeeping and reporting. which a commercial permit for on September 12, 1995, may be Participants in fisheries governed in wreckfish has been issued, as required transferred to a vessel with a this part are required to keep records under § 622.4(a)(2)(vii), must make commercial vessel permit for Gulf reef and report as follows. available to an authorized officer upon fish whose owner has a record of (a) Commercial vessel owners and request all records of offloadings, landings of reef fish from fish traps in operators—(1) Requirements by purchases, or sales of wreckfish. the Gulf EEZ, as reported on fishing species—(i) Coastal migratory pelagic (2) Reporting deadline. Completed vessel logbooks received by the SRD fish. The owner or operator of a vessel fishing records required by paragraphs from November 20, 1992, through that fishes for or lands coastal migratory (a)(1)(i), (ii), and (iv) of this section must February 6, 1994, and who was unable pelagic fish for sale in or from the Gulf be submitted to the SRD postmarked not to obtain a fish trap endorsement for or South Atlantic EEZ or adjoining state later than 7 days after the end of each such vessel under paragraph (n)(1) of waters, or whose vessel is issued a fishing trip. If no fishing occurred this section. The owner of a vessel that commercial permit for king and Spanish during a calendar month, a report so is to receive the transferred mackerel, as required under stating must be submitted on one of the endorsement must return the currently § 622.4(a)(2)(iv), who is selected to forms postmarked not later than 7 days endorsed commercial vessel permit for report by the SRD must maintain a after the end of that month. Information Gulf reef fish and the unendorsed fishing record on a form available from to be reported is indicated on the form permit to the RD with an application for the SRD and must submit such record and its accompanying instructions. a fish trap endorsement for his or her as specified in paragraph (a)(2) of this (b) Charter vessel/headboat owners vessel. Revised commercial vessel section. and operators—(1) Coastal migratory permits will be returned to each owner. (ii) Gulf reef fish. The owner or pelagic fish, reef fish, and snapper- (5) If a fish trap endorsement is operator of a vessel for which a grouper. The owner or operator of a transferred under paragraph (n)(3) or (4) commercial permit for Gulf reef fish has vessel for which a charter vessel/ of this section, the owner of the vessel been issued, as required under headboat permit for coastal migratory to which the endorsement is transferred § 622.4(a)(2)(v), or whose vessel fishes pelagic fish, Gulf reef fish, or South may renew the endorsement without for or lands reef fish in or from state Atlantic snapper-grouper has been regard to the requirement of paragraph waters adjoining the Gulf EEZ, who is issued, as required under § 622.4(a)(1), (n)(1) of this section regarding a record selected to report by the SRD must or whose vessel fishes for or lands such of landing of Gulf reef fish from fish maintain a fishing record on a form coastal migratory pelagic fish, reef fish, traps. available from the SRD and must submit or snapper-grouper in or from state (6) A fish trap endorsement that is not such record as specified in paragraph waters adjoining the Gulf or South renewed or that is revoked will not be (a)(2) of this section. Atlantic EEZ, who is selected to report reissued. Such endorsement is (iii) Gulf shrimp. The owner or by the SRD must maintain a fishing considered to be not renewed when an operator of a vessel that fishes for record for each trip, or a portion of such application for renewal is not received shrimp in the Gulf EEZ or in adjoining trips as specified by the SRD, on forms by the RD within 1 year of the state waters, or that lands shrimp in an provided by the SRD and must submit expiration date of the permit. adjoining state, must provide such record as specified in paragraph (o) Endorsements for the use of information for any fishing trip, as (b)(2) of this section. gillnets for king and Spanish mackerel requested by the SRD, including, but not (2) Reporting deadlines—(i) Charter in the Florida west coast subzone. Other limited to, vessel identification, gear, vessels. Completed fishing records paragraphs of this section effort, amount of shrimp caught by required by paragraph (b)(1) of this notwithstanding— species, shrimp condition (heads on/ section for charter vessels must be Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34941 submitted to the SRD weekly, (ii) State and county where red drum (5) South Atlantic snapper-grouper. (i) postmarked not later than 7 days after were landed. A person who purchases South Atlantic the end of each week (Sunday). (iii) Total poundage of red drum snapper-grouper that were harvested Information to be reported is indicated received during the reporting period, by from the EEZ or from adjoining state on the form and its accompanying each type of gear used for harvest. waters and who is selected to report by instructions. (3) Gulf reef fish. A person who the SRD and a dealer who has been (ii) Headboats. Completed fishing purchases Gulf reef fish from a fishing issued a dealer permit for wreckfish, as records required by paragraph (b)(1) of vessel, or person, that fishes for or lands required under § 622.4(a)(4), must this section for headboats must be such fish in or from the EEZ or provide information on receipts of submitted to the SRD monthly and must adjoining state waters must maintain South Atlantic snapper-grouper and either be made available to an records and submit information as prices paid, by species, on forms authorized statistical reporting agent or follows: available from the SRD. The required be postmarked not later than 7 days (i) A dealer must maintain at his/her information must be submitted to the after the end of each month. Information principal place of business a record of SRD at monthly intervals, postmarked to be reported is indicated on the form Gulf reef fish that he/she receives. The not later than 5 days after the end of the and its accompanying instructions. record must contain the name of each month. Reporting frequency and (c) Dealers—(1) Coastal migratory fishing vessel from which reef fish were reporting deadlines may be modified pelagic fish. (i) A person who purchases received and the date, species, and upon notification by the SRD. If no coastal migratory pelagic fish from a quantity of each receipt. A dealer must South Atlantic snapper-grouper were fishing vessel, or person, that fishes for retain such record for at least 1 year received during a calendar month, a or lands such fish in or from the EEZ or after receipt date and must provide such report so stating must be submitted on adjoining state waters who is selected to record for inspection upon the request one of the forms, postmarked not later report by the SRD must submit of an authorized officer or the SRD. than 5 days after the end of the month. information on forms provided by the (ii) When requested by the SRD, a However, during complete months SRD. This information must be dealer must provide information from encompassed by the wreckfish submitted to the SRD at monthly his/her record of Gulf reef fish received spawning-season closure (that is, intervals, postmarked not later than 5 the total poundage of each species February and March), a wreckfish dealer days after the end of each month. received during the month, average is not required to submit a report stating Reporting frequency and reporting monthly price paid for each species by that no wreckfish were received. deadlines may be modified upon market size, and proportion of total (ii) A dealer reporting South Atlantic notification by the SRD. If no coastal poundage landed by each gear type. snapper-grouper other than wreckfish migratory pelagic fish were received This information must be provided on may submit the information required in during a calendar month, a report so forms available from the SRD and must paragraph (c)(5)(i) of this section via stating must be submitted on one of the be submitted to the SRD at monthly facsimile (fax). forms, in accordance with the intervals, postmarked not later than 5 (iii) A dealer who has been issued a instructions on the form, and must be days after the end of the month. dealer permit for wreckfish, as required postmarked not later than 5 days after Reporting frequency and reporting under § 622.4(a)(4), must make available the end of the month. The information deadlines may be modified upon to an authorized officer upon request all to be reported is as follows: notification by the SRD. If no reef fish records of offloadings, purchases, or were received during a calendar month, (A) Dealer’s or processor’s name and sales of wreckfish. a report so stating must be submitted on address. (d) Individuals with coral or live rock one of the forms, postmarked not later (B) County where fish were landed. permits. (1) An individual with a than 5 days after the end of the month. Federal allowable octocoral permit must (C) Total poundage of each species (iii) The operator of a car or truck that received during that month, or other submit a report of harvest to the SRD. is used to pick up from a fishing vessel Specific reporting requirements will be requested interval. reef fish harvested from the Gulf must (D) Average monthly price paid for provided with the permit. maintain a record containing the name (2) A person with a Federal each species. of each fishing vessel from which reef aquacultured live rock permit must (E) Proportion of total poundage fish on the car or truck have been report to the RD each deposition of landed by each gear type. received. The vehicle operator must material on a site. Such reports must be (ii) Alternate SRD. For the purposes of provide such record for inspection upon postmarked not later than 7 days after paragraph (c)(1)(i) of this section, in the the request of an authorized officer. deposition and must contain the states from New York through Virginia, (4) Gulf shrimp. A person who following information: or in the waters off those states, ‘‘SRD’’ purchases shrimp from a vessel, or (i) Permit number of site and date of means the Science and Research person, that fishes for shrimp in the deposit. Director, Northeast Fisheries Science Gulf EEZ or in adjoining state waters, or (ii) Geological origin of material Center, NMFS (see Table 1 of § 600.502 that lands shrimp in an adjoining state, deposited. of this chapter), or a designee. must provide the following information (iii) Amount of material deposited. (2) Gulf red drum. A dealers or when requested by the SRD: (iv) Source of material deposited, that processor who purchases red drum (i) Name and official number of the is, where obtained, if removed from harvested from the Gulf who is selected vessel from which shrimp were received another habitat, or from whom to report by the SRD must report to the or the name of the person from whom purchased. SRD such information as the SRD may shrimp were received, if received from (3) A person who takes aquacultured request and in the form and manner as other than a vessel. live rock must submit a report of harvest the SRD may require. The information (ii) Amount of shrimp received by to the RD. Specific reporting required to be submitted must include, species and size category for each requirements will be provided with the but is not limited to, the following: receipt. permit. This reporting requirement is (i) Dealer’s or processor’s name and (iii) Exvessel value, by species and waived for aquacultured live rock that is address. size category, for each receipt. landed in Florida. 34942 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(e) Additional data and inspection. fish fishery and Caribbean spiny lobster or a sea bass pot in the EEZ will be Additional data will be collected by fishery are assigned by Puerto Rico or presumed to be the property of the most authorized statistical reporting agents the U.S. Virgin Islands, whichever is recently documented owner. This and by authorized officers. A person applicable; color codes required in all presumption will not apply with respect who fishes for or possesses species in or other fisheries are assigned by the RD. to such traps and pots that are lost or from the EEZ governed in this part is The color code must be displayed— sold if the owner reports the loss or sale required to make the applicable fish or (A) On the port and starboard sides of within 15 days to the RD. parts thereof available for inspection by the deckhouse or hull and, for vessels (d) Unmarked traps, pots, or buoys. the SRD or an authorized officer upon over 25 ft (7.6 m) long, on an An unmarked Caribbean spiny lobster request. appropriate weather deck, so as to be trap, a fish trap, a sea bass pot, or a buoy (f) Commercial vessel, charter vessel, clearly visible from an enforcement deployed in the EEZ is illegal and may and headboat inventory. The owner or vessel or aircraft. be disposed of in any appropriate operator of a commercial vessel, charter (B) In the form of a circle permanently manner by the Assistant Administrator vessel, or headboat operating in a affixed to or painted on the vessel. or an authorized officer. fishery governed in this part who is not (C) At least 18 inches (45.7 cm) in selected to report by the SRD under diameter for vessels over 65 ft (19.8 m) § 622.7 Prohibitions. paragraph (a) or (b) of this section must long; at least 10 inches (25.4 cm) in In addition to the general prohibitions provide the following information when diameter for vessels over 25 ft (7.6 m) in § 600.725 of this chapter, it is interviewed by the SRD: long; and at least 3 inches (7.6 cm) in unlawful for any person to do any of the (1) Name and official number of diameter for vessels 25 ft (7.6 m) long following: vessel and permit number, if applicable. or less. (a) Engage in an activity for which a (2) Length and tonnage. (2) Duties of operator. The operator of valid Federal permit is required under (3) Current home port. a vessel specified in paragraph (a)(1) of § 622.4 without such permit. (4) Fishing areas. this section must keep the official (b) Falsify information on a permit (5) Ports where fish were offloaded number and the color code, if application or submitted with such during the last year. applicable, clearly legible and in good application, as specified in § 622.4(b). (6) Type and quantity of gear. repair and must ensure that no part of (c) Fail to display a permit or (7) Number of full- and part-time the fishing vessel, its rigging, fishing endorsement, as specified in § 622.4(i). fishermen or crew members. gear, or any other material on board (d) Falsify or fail to maintain, submit, obstructs the view of the official number or provide information required to be § 622.6 Vessel and gear identification. or the color code, if applicable, from an maintained, submitted, or provided, as (a) Vessel identification—(1) enforcement vessel or aircraft. specified in § 622.5 (a) through (f). Applicability—(i) Official number. A (b) Gear identification—(1) Traps or (e) Fail to make a fish, or parts vessel for which a permit has been pots—(i) Caribbean EEZ. A fish trap or thereof, available for inspection, as issued under § 622.4, and a vessel that spiny lobster trap used or possessed in specified in § 622.5(e). fishes for or possesses shrimp in the the Caribbean EEZ must display the (f) Falsify or fail to display and Gulf EEZ, must display its official official number specified for the vessel maintain vessel and gear identification, number— by Puerto Rico or the U.S. Virgin Islands as specified in § 622.6 (a) and (b). (A) On the port and starboard sides of so as to be easily identified. (g) Fail to comply with any the deckhouse or hull and, for vessels (ii) Gulf and South Atlantic EEZ. A requirement or restriction regarding ITQ over 25 ft (7.6 m) long, on an fish trap used or possessed in the Gulf coupons, as specified in § 622.15(c)(3), appropriate weather deck, so as to be EEZ and a sea bass pot used or (c)(5), (c)(6), or (c)(7). clearly visible from an enforcement possessed in the South Atlantic EEZ, or (h) Possess wreckfish as specified in vessel or aircraft. a fish trap or sea bass pot on board a § 622.15(c)(4), receive wreckfish except (B) In block arabic numerals vessel with a commercial permit for as specified in § 622.15(c)(7), or offload permanently affixed to or painted on the Gulf reef fish or South Atlantic snapper- a wreckfish except as specified in vessel in contrasting color to the grouper, must have a valid § 622.15 (d)(3) and (d)(4). background. identification tag issued by the RD (i) Transfer— (C) At least 18 inches (45.7 cm) in attached. (1) A wreckfish, as specified in height for vessels over 65 ft (19.8 m) (2) Buoys. A buoy must display the § 622.15(d)(1); long; at least 10 inches (25.4 cm) in assigned number and color code so as to (2) A limited-harvest species, as height for vessels over 25 ft (7.6 m) long; be easily distinguished, located, and specified in § 622.32(c) introductory and at least 3 inches (7.6 cm) in height identified as follows— text; for vessels 25 ft (7.6 m) long or less. (i) Caribbean EEZ. Each buoy must (3) A species/species group subject to (ii) Official number and color code. display the official number and color a bag limit, as specified § 622.39(a)(1); The following vessels must display their code specified for the vessel by Puerto (4) South Atlantic snapper-grouper official number as specified in Rico or the U.S. Virgin Islands, from a vessel with unauthorized gear on paragraph (a)(1)(i) of this section and, in whichever is applicable. board, as specified in § 622.41(d)(2)(iii); addition, must display their assigned (ii) Gulf and South Atlantic EEZ. Each or color code: A vessel for which a fish buoy must display the number and color (5) A species subject to a commercial trap endorsement has been issued, as code assigned by the RD. In the Gulf trip limit, as specified in § 622.44 required under § 622.4(a)(2)(i); a vessel EEZ, a buoy must be attached to each introductory text. for which a permit has been issued to trap, or each end trap if traps are (j) Use or possess prohibited gear or fish with a sea bass pot, as required connected by a line. In the South methods or possess fish in association under § 622.4(a)(2)(vi); a vessel in the Atlantic EEZ, buoys are not required to with possession or use of prohibited commercial Caribbean reef fish fishery be used, but, if used, each buoy must gear, as specified in § 622.31. fishing with traps; and a vessel in the display the number and color code. (k) Fish for, harvest, or possess a Caribbean spiny lobster fishery. Color (c) Presumption of ownership. A prohibited species, or a limited-harvest codes required for the Caribbean reef Caribbean spiny lobster trap, a fish trap, species in excess of its limitation, sell or Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34943 purchase such species, fail to comply (2) All or a portion of a person’s (3) An ITQ coupon may be transferred with release requirements, or molest or percentage shares may be transferred to from one wreckfish shareholder to strip eggs from a Caribbean spiny another person. Transfer of shares must another by completing the sale lobster, as specified in § 622.32. be reported on a form available from the endorsement thereon (that is, the (l) Fish in violation of the RD. The RD will confirm, in writing, signature and shareholder certificate prohibitions, restrictions, and each transfer of shares. The effective number of the buyer). An ITQ coupon requirements applicable to seasonal date of each transfer is the confirmation may be possessed only by the and/or area closures, including but not date provided by the RD. The shareholder to whom it has been issued, limited to: Prohibition of all fishing, confirmation date will normally be not or by the shareholder’s employee, gear restrictions, restrictions on take or later than 3 working days after receipt contractor, or agent, unless the ITQ retention of fish, fish release of a properly completed transfer form. A coupon has been transferred to another requirements, and restrictions on use of fee is charged for each transfer of shares. shareholder. An ITQ coupon that has an anchor or grapple, as specified in The amount of the fee is calculated in been transferred to another shareholder § 622.33, § 622.34, or § 622.35, or as may accordance with the procedures of the may be possessed only by the be specified under § 622.46 (b) or (c). NOAA Finance Handbook, available shareholder whose signature appears on (m) Harvest, possess, offload, sell, or from the RD, for determining the the coupon as the buyer, or by the purchase fish in excess of the seasonal administrative costs of each special shareholder’s employee, contractor, or harvest limitations, as specified in product or service provided by NOAA agent, and with all required sale § 622.36. to non-Federal recipients. The fee may endorsements properly completed. (n) Except as allowed under not exceed such costs and is specified (4) Wreckfish may not be possessed § 622.37(c) (2) and (3) for king and with each transfer form. The appropriate on board a fishing vessel— Spanish mackerel, possess undersized fee must accompany each transfer form. (i) In an amount exceeding the total of fish, fail to release undersized fish, or (b) Lists of wreckfish shareholders the ITQ coupons on board the vessel; sell or purchase undersized fish, as and permitted vessels. Annually, on or (ii) That does not have on board a specified in § 622.37. about March 1, the RD will provide each commercial vessel permit for wreckfish, (o) Fail to maintain a fish intact wreckfish shareholder with a list of all as required under § 622.4(a)(2)(vii); or through offloading ashore, as specified wreckfish shareholders and their (iii) That does not have on board in § 622.38. percentage shares, reflecting share logbook forms for that fishing trip, as (p) Exceed a bag or possession limit, transactions on forms received through required under § 622.5(a)(1)(iv)(B). as specified in § 622.39. February 15. Annually by April 15, the (5) Prior to termination of a trip, a (q) Fail to comply with the limitations RD will provide each dealer who holds signature and date signed must be on traps and pots, including but not a dealer permit for wreckfish, as affixed in ink to the ‘‘Fisherman’’ part limited to: Tending requirements, required under § 622.4(a)(4), with a list of ITQ coupons in denominations equal constructions requirements, and area of vessels for which wreckfish permits to the eviscerated weight of the specific restrictions, as specified in have been issued, as required under wreckfish on board. The ‘‘Fisherman’’ § 622.40. § 622.4(a)(2)(vii). Annually, by April 15, part of each such coupon must be (r) Fail to comply with the species- the RD will provide each wreckfish separated from the coupon and specific limitations, as specified in shareholder with a list of dealers who submitted with the logbook forms § 622.41. have been issued dealer permits for required by § 622.5(a)(1)(iv)(B) for that (s) Fail to comply with the restrictions wreckfish. From April 16 through fishing trip. that apply after closure of a fishery, as January 14, updated lists will be (6) The ‘‘Fish House’’ part of each specified in § 622.43. provided when required. Updated lists such coupon must be given to the dealer (t) Possess on board a vessel or land, may be obtained at other times or by a to whom the wreckfish are transferred purchase, or sell fish in excess of the person who is not a wreckfish in amounts totaling the eviscerated commercial trip limits, as specified in shareholder or wreckfish dealer permit weight of the wreckfish transferred to § 622.44. holder by written request to the RD. that dealer. A wreckfish may be (u) Fail to comply with the (c) ITQs. (1) Annually, as soon after transferred only to a dealer who holds restrictions on sale/purchase, as March 1 as the TAC for wreckfish for a dealer permit for wreckfish, as specified in § 622.45. the fishing year that commences April required under § 622.4(a)(4). (7) A dealer may receive a wreckfish (v) Interfere with fishing or obstruct or 16 is known, the RD will calculate each only from a vessel for which a damage fishing gear or the fishing vessel wreckfish shareholder’s ITQ. Each ITQ commercial permit for wreckfish has of another, as specified in § 622.46(a). is the product of the wreckfish TAC, in round weight, for the ensuing fishing been issued, as required under Subpart BÐEffort Limitations year, the factor for converting round § 622.4(a)(2)(vii). A dealer must receive weight to eviscerated weight, and each the ‘‘Fish House’’ part of ITQ coupons § 622.15 Wreckfish individual transferable wreckfish shareholder’s percentage in amounts totaling the eviscerated quota (ITQ) system. share, reflecting share transactions weight of the wreckfish received; enter The provisions of this section apply to reported on forms received by the RD the permit number of the vessel from wreckfish in or from the South Atlantic through February 15. Thus, the ITQs which the wreckfish were received, EEZ. will be in terms of eviscerated weight of enter the date the wreckfish were (a) Percentage shares. (1) In wreckfish. received, enter the dealer’s permit accordance with the procedure specified (2) The RD will provide each number, and sign each such ‘‘Fish in the Fishery Management Plan for the wreckfish shareholder with ITQ House’’ part; and submit all such parts Snapper-Grouper Fishery of the South coupons in various denominations, the with the dealer reports required by Atlantic Region, percentage shares of total of which equals his or her ITQ, and § 622.5(c)(5)(i). the quota for wreckfish have been a copy of the calculations used in (8) An owner or operator of a vessel assigned. Each person has been notified determining his or her ITQ. Each and a dealer must make available to an by the RD of his or her percentage share coupon will be coded to indicate the authorized officer all ITQ coupons in and shareholder certificate number. initial recipient. his or her possession upon request. 34944 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(d) Wreckfish limitations. (1) A the initial months under the ITQ of ITQ coupons on board. (See wreckfish taken in the South Atlantic system.) Transfer of shares must be § 622.39(a) for applicability of the bag EEZ may not be transferred at sea, reported on a form available from the limit.) regardless of where the transfer takes RD. The RD will confirm, in writing, the (5) Prior to termination of a trip, the place; and a wreckfish may not be registration of each transfer. The operator’s signature and the date signed transferred in the South Atlantic EEZ. effective date of each transfer is the must be written in ink on the ‘‘Vessel’’ (2) A wreckfish possessed by a confirmation date provided by the RD. part of ITQ coupons totaling at least the fisherman or dealer shoreward of the The confirmation of registration date eviscerated weight of the red snapper on outer boundary of the South Atlantic will normally be not later than 3 board. An owner or operator of a vessel EEZ or in a South Atlantic coastal state working days after receipt of a properly must separate the ‘‘Vessel’’ part of each will be presumed to have been completed transfer form. However, such coupon, enter thereon the permit harvested from the South Atlantic EEZ reports of share transfers received by the number of the dealer to whom the red unless accompanied by documentation RD from November 1 through December snapper are transferred, and submit the that it was harvested from other than the 31 will not be recorded or confirmed ‘‘Vessel’’ parts with the logbook forms South Atlantic EEZ. until after January 1. A fee is charged for for that fishing trip. An owner or (3) A wreckfish may be offloaded from each transfer of percentage shares. The operator of a vessel must make available a fishing vessel only between 8 a.m. and amount of the fee is calculated in to an authorized officer all ITQ coupons 5 p.m., local time. accordance with the procedures of the in his or her possession upon request. (4) If a wreckfish is to be offloaded at NOAA Finance Handbook for (6) Red snapper harvested from the a location other than a fixed facility of determining the administrative costs of EEZ or possessed by a vessel with a a dealer who holds a dealer permit for each special product or service provided commercial permit for Gulf reef fish, as wreckfish, as required under by NOAA to non-Federal recipients. The required under § 622.4(a)(2)(v), may be § 622.4(a)(4), the wreckfish shareholder fee may not exceed such costs and is transferred only to a dealer with a Gulf or the vessel operator must advise the specified with each transfer form. The reef fish permit, as required under NMFS, Office of Enforcement, Southeast appropriate fee must accompany each § 622.4(a)(4). The ‘‘Fish House’’ part of Region, St. Petersburg, FL, by telephone transfer form. each ITQ coupon must be given to such (1–800–853–1964), of the location not (3) On or about January 1 each year, dealer, or the agent or employee of such less than 24 hours prior to offloading. the RD will provide each red snapper dealer, in amounts totaling at least the shareholder with a list of all red snapper § 622.16 Red snapper individual eviscerated weight of the red snapper shareholders and their percentage transferred to that dealer. transferable quota (ITQ) system. shares, reflecting share transfers as (7) A dealer with a Gulf reef fish The ITQ system established by this indicated on properly completed permit may receive red snapper only section will remain in effect through transfer forms received through October from a vessel that has on board a March 31, 2000, during which time 31. Updated lists may be obtained at commercial permit for Gulf reef fish. A NMFS and the GMFMC will evaluate other times, and by persons who are not dealer, or the agent or employee of a the effectiveness of the system. Based on red snapper shareholders, by written dealer, must receive the ‘‘Fish House’’ the evaluation, the system may be request to the RD. modified, extended, or terminated. (b) ITQs. (1) Annually, as soon after part of ITQ coupons totaling at least the (a) Percentage shares. (1) Initial November 15 as the following year’s red eviscerated weight of the red snapper percentage shares of the annual quota of snapper quota is established, the RD received. Immediately upon receipt of red snapper are assigned to persons in will calculate each red snapper red snapper, the dealer, or the agent or accordance with the procedure specified shareholder’s ITQ in terms of employee of the dealer, must enter the in Amendment 8 to the Fishery eviscerated weight. Each ITQ is the permit number of the vessel received Management Plan for the Reef Fish product of the red snapper quota, in from and date and sign each such ‘‘Fish Fishery of the Gulf of Mexico (FMP) and round weight, for the ensuing fishing House’’ part. The dealer must submit all in paragraphs (c)(1) through (c)(4) of this year, the factor for converting round such parts as required by paragraph section. Each person is notified by the weight to eviscerated weight, and each (d)(6) of this section. A dealer, agent, or RD of his or her initial percentage red snapper shareholder’s percentage employee must make available to an shares. If additional shares become share, reflecting share transfers reported authorized officer all ITQ coupons in available to NMFS, such as by forfeiture on forms received by the RD through his or her possession upon request. pursuant to subpart F of 15 CFR part October 31. (c) Procedures for implementation— 904 for rule violations, such shares will (2) The RD will provide each red (1) Initial shareholders. The following be proportionately reissued to snapper shareholder with ITQ coupons persons are initial shareholders in the shareholders based on their shares as of in various denominations, the total of red snapper ITQ system: November 1, after the additional shares which equals his or her ITQ, and a copy (i) Either the owner or operator of a become available. If NMFS is required of the calculations used in determining vessel with a valid permit on August 29, to issue additional shares, such as may his or her ITQ. Each coupon will be 1995, provided such owner or operator be required in the resolution of coded to indicate the initial recipient. had a landing of red snapper during the disputes, existing shares will be (3) An ITQ coupon may be period 1990 through 1992. If the earned proportionately reduced. This reduction transferred. If the transfer is by sale, the income of an operator was used to of shares will be based on shares as of seller must enter the sale price on the qualify for the permit that is valid on November 1 after the required addition coupon. August 29, 1995, such operator is the of shares. (4) Except when the red snapper bag initial shareholder rather than the (2) All or a portion of a person’s limit applies, red snapper in or from the owner. In the case of an owner, the term percentage shares may be transferred to EEZ or on board a vessel that has been ‘‘person’’ includes a corporation or another person who is a U.S. citizen or issued a commercial permit for Gulf reef other legal entity; and permanent resident alien. (See fish, as required under § 622.4(a)(2)(v), (ii) A historical captain. A historical paragraph (c)(5) of this section for may not be possessed in an amount, in captain means an operator who meets restrictions on the transfer of shares in eviscerated weight, exceeding the total all of the following qualifications: Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34945

(A) From November 6, 1989, through August 29, 1995, will retain the status. In addition, the panel may 1993, fished solely under verbal or landings record of a permitted vessel if consider applications and written share agreements with an the vessel had a change of ownership to documentation of landings not owner, and such agreements provided another entity without a substantive submitted under Amendment 9 if, in the for the operator to be responsible for change in control of the vessel. It will board’s opinion, there is justification for hiring the crew, who was paid from the be presumed that there was no the late application and documentation. share under his or her control. substantive change in control of a vessel The board is not empowered to consider (B) Landed from that vessel at least if a successor in interest received at an application from a person who 5,000 lb (2,268 kg) of red snapper per least a 50 percent interest in the vessel believes he or she should be eligible year in 2 of the 3 years 1990, 1991, and as a result of the change of ownership because of hardship or other factors. 1992. whether the change of ownership was— (iii) A written request for (C) Derived more than 50 percent of (1) From a closely held corporation to consideration by the board must be his or her earned income from its majority shareholder; submitted to the RD, postmarked not commercial fishing, that is, sale of the (2) From an individual who became later than December 27, 1995, and must catch, in each of the years 1989 through the majority shareholder of a closely contain documentation supporting the 1993. held corporation receiving the vessel; allegations that form the basis for the (D) Landed red snapper prior to (3) Between closely held corporations request. November 7, 1989. with a common majority shareholder; or (iv) The board will meet as necessary (2) Initial shares. (i) Initial shares are (4) From one to another of the to consider each request that is apportioned to initial shareholders following: Husband, wife, son, daughter, submitted in a timely manner. Members based on each shareholder’s average of brother, sister, mother, or father. of the appeals board will provide their the top 2 years’ landings in 1990, 1991, (C) In other cases of transfer of a individual recommendations for each and 1992. However, no person who is permit through change of ownership of appeal to the GMFMC, which will in an initial shareholder under paragraph a vessel, an owner of a vessel with a turn submit its recommendation to the (c)(1) of this section will receive an valid commercial permit for Gulf reef RD. The board and the GMFMC will initial percentage share that will amount fish on August 29, 1995, will receive recommend whether the eligibility to less than 100 lb (45.36 kg), round credit for the landings record of the criteria, specified in Amendment 8 to weight, of red snapper (90 lb (41 kg), vessel before his or her ownership only the FMP and paragraphs (c)(1) and (c)(2) eviscerated weight). if there is a legally binding agreement of this section, were correctly applied in (ii) The percentage shares remaining for transfer of the landings record. each case, based solely on the available after the minimum shares have been (iv) Requests for transfers of landings record including documentation calculated under paragraph (c)(2)(i) of records must be submitted to the RD submitted by the applicant. The this section are apportioned based on and must be postmarked not later than GMFMC will also base its each remaining shareholder’s average of December 14, 1995. The RD may require recommendation on the the top 2 years’ landings in 1990, 1991, documentation supporting such request. recommendations of the board. The RD and 1992. In a case where a landing is After considering requests for transfers will decide the appeal based on the associated with an owner and a of landings records, the RD will advise above criteria and the available record, historical captain, such landing is each initial shareholder or applicant of including documentation submitted by apportioned between the owner and his or her tentative allocation of shares. the applicant and the recommendation historical captain in accordance with (3) Notification of status. The RD will of the GMFMC. The RD will notify the the share agreement in effect at the time advise each owner, operator, and appellant of his decision and the reason of the landing. historical captain for whom NMFS has therefor, in writing, normally within 45 (iii) The determinations of landings of a record of a red snapper landing during days of receiving the GMFMC’s red snapper during the period 1990 the period 1990 through 1992, including recommendation. The RD’s decision through 1992 and historical captain those who submitted such record under will constitute the final administrative status are made in accordance with the Amendment 9 to the FMP, of his or her action by NMFS on an appeal. data collected under Amendment 9 to tentative status as an initial shareholder (v) Upon completion of the appeal the FMP. Those data identify each red and the tentative landings record that process, the RD will issue share snapper landing during the period 1990 will be used to calculate his or her certificates to initial shareholders. through 1992. Each landing is initial share. (5) Transfers of shares. The following associated with an owner and, when an (4) Appeals. (i) A special advisory restrictions apply to the transfer of operator’s earned income was used to panel, appointed by the GMFMC to shares: qualify for the vessel permit at the time function as an appeals board, will (i) The transfer of shares is prohibited of the landing, with such operator. consider written requests from persons through September 30, 1996. Where appropriate, a landing is also who contest their tentative status as an (ii) From October 1, 1996, through associated with a historical captain. initial shareholder, including historical September 30, 1997, shares may be However, a red snapper landings record captain status, or tentative landings transferred only to other persons who during that period that is associated record. In addition to considering are initial shareholders and are U.S. solely with an owner may be retained by written requests, the board may allow citizens or permanent resident aliens. that owner or transferred as follows: personal appearances by such persons (d) Exceptions/additions to general (A) An owner of a vessel with a valid before the board. measures. Other provisions of this part commercial permit for Gulf reef fish on (ii) The panel is only empowered to notwithstanding— August 29, 1995, who transferred a consider disputed calculations or (1) Management of the red snapper vessel permit to another vessel owned determinations based on documentation ITQ system extends to adjoining state by him or her will retain the red submitted under Amendment 9 to the waters in the manner stated in snapper landings record for the previous FMP regarding landings of red snapper paragraphs (d)(2) and (d)(3) of this vessel. during the period 1990 through 1992, section. (B) An owner of a vessel with a valid including transfers of such landings (2) For a dealer to receive red snapper commercial permit for Gulf reef fish on records, or regarding historical captain harvested from state waters adjoining 34946 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations the Gulf EEZ by or possessed on board (b) King and Spanish mackerel. The suitable for use in the longline fishery a vessel with a commercial permit for fishing year for the king and Spanish longer than 1.5 mi (2.4 km) on any reel, Gulf reef fish, the dealer permit for Gulf mackerel bag limits specified in and gangions are on board. Removal of reef fish specified in § 622.4(a)(4) must § 622.39(c)(1) is January 1 through any one of these three elements have been issued to the dealer. December 31. The following fishing constitutes removal of a longline. (3) A copy of the dealer’s permit must years apply only for the king and (f) Poisons. (1) A poison, drug, or accompany each vehicle that is used to Spanish mackerel quotas specified in other chemical may not be used to fish pick up from a fishing vessel red § 622.42(c): for Caribbean reef fish in the Caribbean snapper from adjoining state waters (1) Gulf migratory group king EEZ. harvested by or possessed on board a mackerel—July 1 through June 30. (2) A poison may not be used to take vessel with a commercial permit for (2) All other migratory groups of king Gulf reef fish in the Gulf EEZ. Gulf reef fish. and Spanish mackerel—April 1 through (3) A poison may not be used to fish (4) As a condition of a commercial March 31. for South Atlantic snapper-grouper in vessel permit for Gulf reef fish, without (c) Wreckfish—April 16 through April the South Atlantic EEZ. regard to where red snapper are 15. (g) Power-assisted tools. A power- harvested or possessed, a vessel with § 622.31 Prohibited gear and methods. assisted tool may not be used in the such permit must comply with the red Caribbean EEZ to take a Caribbean coral snapper ITQ requirements of paragraph In addition to the prohibited gear/ methods specified in this section, see reef resource or in the Gulf or South (b) of this section; may not transfer or Atlantic EEZ to take allowable receive red snapper at sea; and must §§ 622.33, 622.34, and 622.35 for seasonal/area prohibited gear/methods octocoral, prohibited coral, or live rock. maintain red snapper with head and (h) Powerheads. A powerhead may fins intact through landing, and the and § 622.41 for species specific authorized and unauthorized gear/ not be used in the Caribbean EEZ to exceptions to that requirement harvest Caribbean reef fish or in the EEZ contained in § 622.38(d) do not apply to methods. (a) Explosives. An explosive (except off South Carolina to harvest South red snapper. Red snapper may be an explosive in a powerhead) may not Atlantic snapper-grouper. The eviscerated, gilled, and scaled but must be used to fish in the Caribbean, Gulf, possession of a mutilated Caribbean reef otherwise be maintained in a whole or South Atlantic EEZ. A vessel fishing fish in or from the Caribbean EEZ, or a condition. mutilated South Atlantic snapper- (5) As a condition of a dealer permit in the EEZ for a species governed in this part, or a vessel for which a permit has grouper in or from the EEZ off South for Gulf reef fish, as required under Carolina, and a powerhead is prima § 622.4(a)(4) or under paragraph (d)(2) of been issued under § 622.4, may not have on board any dynamite or similar facie evidence that such fish was this section, without regard to where red harvested by a powerhead. snapper are harvested or possessed, a explosive substance. (b) Chemicals and plants. A toxic (i) Rebreathers and spearfishing gear. permitted dealer must comply with the chemical may not be used or possessed In the South Atlantic EEZ, a person red snapper ITQ requirements of in a coral area, and a chemical, plant, using a rebreather may not harvest paragraph (b) of this section. or plant-derived toxin may not be used South Atlantic snapper-grouper with (6) In any month that a red snapper to harvest a Caribbean coral reef spearfishing gear. The possession of is received, a dealer must submit the resource in the Caribbean EEZ. such snapper-grouper while in the water report required under § 622.5(c)(3)(ii). (c) Fish traps. A fish trap may not be with a rebreather is prima facie The ‘‘Fish House’’ parts of red snapper used in the South Atlantic EEZ. A fish evidence that such fish was harvested individual transferable coupons, trap deployed in the South Atlantic EEZ with spearfishing gear while using a received during the month in may be disposed of in any appropriate rebreather. accordance with paragraph (b) of this manner by the Assistant Administrator section, must be submitted to the SRD (j) Sea bass pots. A sea bass pot may or an authorized officer. not be used in the South Atlantic EEZ with the report. (d) Gillnets. A gillnet that has a float ° ′ (7) It is unlawful for a person to do south of 28 35.1 N. lat. (due east of the line that is more than 1,000 yd (914 m) any of the following: NASA Vehicle Assembly Building, Cape in length or a drift gillnet may not be (i) Receive red snapper from a fishing Canaveral, FL). A sea bass pot deployed used in the Gulf, Mid-Atlantic, or South ° ′ vessel without a dealer permit for Gulf in the EEZ south of 28 35.1 N. lat. may Atlantic EEZ to fish for king or Spanish reef fish. be disposed of in any appropriate mackerel; in the Gulf or South Atlantic (ii) Fail to carry a copy of the dealer’s manner by the Assistant Administrator EEZ to fish for coastal migratory pelagic permit, as specified in paragraph (d)(3) or an authorized officer. fish, other than bluefish; or in the Gulf of this section. (k) Spears and hooks. A spear, hook, (iii) Fail to comply with a condition EEZ to fish for bluefish. A vessel in, or or similar device may not be used in the of a permit, as specified in paragraph having fished on a trip in, the Gulf, Mid- Caribbean EEZ to harvest a Caribbean (d)(4) or (d)(5) of this section. Atlantic, or South Atlantic EEZ with spiny lobster. The possession of a (iv) Fail to report red snapper such a gillnet or a drift gillnet on board speared, pierced, or punctured received, as specified in paragraph may not have on board on that trip any Caribbean spiny lobster in or from the (d)(6) of this section. of the indicated fish. Caribbean EEZ is prima facie evidence (e) Longlines for wreckfish. A bottom of violation of this section. Subpart CÐManagement Measures longline may not be used to fish for wreckfish in the South Atlantic EEZ. A § 622.32 Prohibited and limited-harvest § 622.30 Fishing years. person aboard a vessel that has a species. The fishing year for species or species longline on board may not retain a (a) General. The harvest and groups governed in this part is January wreckfish in or from the South Atlantic possession restrictions of this section 1 through December 31 except for the EEZ. For the purposes of this paragraph, apply without regard to whether the following: a vessel is considered to have a longline species is harvested by a vessel (a) Allowable octocoral—October 1 on board when a power-operated operating under a commercial vessel through September 30. longline hauler, a cable of diameter permit. The operator of a vessel that Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34947 fishes in the EEZ is responsible for the however, no person may sell or Each area is bounded by rhumb lines limit applicable to that vessel. purchase such prohibited coral. connecting, in order, the points listed. (b) Prohibited species. Prohibited (ii) Jewfish and Nassau grouper may (1) East of St. Croix. species, by geographical area, are as not be harvested or possessed in or from follows: the South Atlantic EEZ. Jewfish and Point North lat. West long. (1) Caribbean. (i) Caribbean Nassau grouper taken in the South A ...... 17°50.2′ 64°27.9′ prohibited coral may not be fished for Atlantic EEZ incidentally by hook-and- ° ′ ° ′ or possessed in or from the Caribbean B ...... 17 50.1 64 26.1 line must be released immediately by C ...... 17°49.2′ 64°25.8′ EEZ. The taking of Caribbean prohibited cutting the line without removing the D ...... 17°48.6′ 64°25.8′ coral in the Caribbean EEZ is not fish from the water. E ...... 17°48.1′ 64°26.1′ considered unlawful possession (iii) Red drum may not be harvested F ...... 17°47.5′ 64°26.9′ ° ′ ° ′ provided it is returned immediately to or possessed in or from the South A ...... 17 50.2 64 27.9 the sea in the general area of fishing. Atlantic EEZ. Red drum caught in the (ii) Foureye, banded, and longsnout South Atlantic EEZ must be released (2) South of St. Thomas. butterflyfish; jewfish; Nassau grouper; immediately with a minimum of harm. Point North lat. West long. and seahorses may not be harvested or (iv) Wild live rock may not be possessed in or from the Caribbean EEZ. harvested or possessed in the South ° ′ ° ′ Such fish caught in the Caribbean EEZ A ...... 18 13.2 65 06.0 Atlantic EEZ. B ...... 18°13.2′ 64°59.0′ must be released immediately with a (c) Limited-harvest species. A person C ...... 18°11.8′ 64°59.0′ minimum of harm. who fishes in the EEZ may not combine D ...... 18°10.7′ 65°06.0′ (iii) Egg-bearing spiny lobster in the ° ′ ° ′ a harvest limitation specified in this A ...... 18 13.2 65 06.0 Caribbean EEZ must be returned to the paragraph (c) with a harvest limitation water unharmed. An egg-bearing spiny (3) West of Puerto Rico. applicable to state waters. A species lobster may be retained in a trap, subject to a harvest limitation specified provided the trap is returned Point North lat. West long. in this paragraph (c) taken in the EEZ immediately to the water. An egg- may not be transferred at sea, regardless ° ′ ° ′ bearing spiny lobster may not be A ...... 18 11.0 67 25.5 of where such transfer takes place, and B ...... 18°11.0′ 67°20.4′ stripped, scraped, shaved, clipped, or in such species may not be transferred in C ...... 18°08.0′ 67°20.4′ any other manner molested, in order to the EEZ. D ...... 18°08.0′ 67°25.5′ remove the eggs. A ...... 18°11.0′ 67°25.5′ (2) Gulf. (i) Gulf and South Atlantic (1) Cobia. No person may possess prohibited coral taken as incidental more than two cobia per day in or from the Gulf or South Atlantic EEZ, § 622.34 Gulf EEZ seasonal and/or area catch in the Gulf EEZ must be returned closures. immediately to the sea in the general regardless of the number of trips or (a) Alabama SMZ. The Alabama SMZ area of fishing. In fisheries where the duration of a trip. consists of artificial reefs and entire catch is landed unsorted, such as (2) Cubera snapper. No person may surrounding areas. In the Alabama SMZ, the scallop and groundfish fisheries, harvest more than two cubera snapper fishing by a vessel that is operating as unsorted prohibited coral may be measuring 30 inches (76.2 cm), TL, or a charter vessel or headboat, a vessel landed ashore; however, no person may larger, per day in the South Atlantic that does not have a commercial permit sell or purchase such prohibited coral. EEZ off Florida and no more than two (ii) Jewfish may not be harvested or such cubera snapper in or from the for Gulf reef fish, as required under possessed in or from the Gulf EEZ. South Atlantic EEZ off Florida may be § 622.4(a)(2), or a vessel with such a (iii) Red drum may not be harvested possessed on board a vessel at any time. permit fishing for Gulf reef fish is or possessed in or from the Gulf EEZ. (3) Speckled hind and warsaw limited to hook-and-line gear with three Red drum caught in the Gulf EEZ must grouper. The possession of speckled or fewer hooks per line and spearfishing be released immediately with a hind and warsaw grouper in or from the gear. A person aboard a vessel that uses minimum of harm. South Atlantic EEZ is limited to one of on any trip gear other than hook-and- (3) Mid-Atlantic. Red drum may not each per vessel per trip. line gear with three or fewer hooks per be harvested or possessed in or from the line and spearfishing gear in the § 622.33 Caribbean EEZ seasonal and/or Alabama SMZ is limited on that trip to Mid-Atlantic EEZ south of a line area closures. extending in a direction of 115° from the bag limits for Gulf reef fish specified true north commencing at a point at (a) Mutton snapper spawning in § 622.39(b) and, for Gulf reef fish for 40°29.6′ N. lat., 73°54.1′ W. long., such aggregation area. From March 1 through which no bag limit is specified in point being the intersection of the New June 30, each year, fishing is prohibited § 622.39(b), the vessel is limited to 5 Jersey/New York boundary with the 3- in the area bounded by rhumb lines percent, by weight, of all fish on board nm line denoting the seaward limit of connecting, in order, the following or landed. The Alabama SMZ is state waters. Red drum caught in such points: bounded by rhumb lines connecting, in portion of the Mid-Atlantic EEZ must be order, the following points: Point North lat. West long. released immediately with a minimum Point North lat. West long. of harm. A ...... 17°37.9′ 64°52.6′ (4) South Atlantic. (i) Gulf and South B ...... 17°38.2′ 64°52.1′ A ...... 30°02.5′ 88°07.7′ Atlantic prohibited coral taken as C ...... 17°38.3′ 64°51.8′ B ...... 30°02.6′ 87°59.3′ incidental catch in the South Atlantic D ...... 17°38.1′ 64°51.4′ C ...... 29°55.0′ 87°55.5′ EEZ must be returned immediately to A ...... 17°37.9′ 64°52.6′ D ...... 29°54.5′ 88°07.5′ the sea in the general area of fishing. In A ...... 30°02.5′ 88°07.7′ fisheries where the entire catch is (b) Red hind spawning aggregation landed unsorted, such as the scallop areas. From December 1 through (b) Florida middle grounds HAPC. and groundfish fisheries, unsorted February 28, each year, fishing is Fishing with a bottom longline, bottom prohibited coral may be landed ashore; prohibited in the following three areas. trawl, dredge, pot, or trap is prohibited 34948 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations year round in the area bounded by Point North lat. West long. Point North lat. West long. rhumb lines connecting, in order, the following points: I 1 ...... 28°54′43′′ 82°44′52′′ D ...... 25°09.0′ 81°47.6′ J 2 ...... 28°51′09′′ 82°44′00′′ E ...... 24°54.5′ 81°50.5′ Point North lat. West long. K ...... 28°50′59′′ 82°54′16′′ M 1 ...... 24°49.3′ 81°46.4′ L ...... 28°41′39′′ 82°53′56′′ 1 On the seaward limit of Florida's waters. A ...... 28°42.5′ 84°24.8′ M 3 ...... 28°41′39′′ 82°38′46′′ B ...... 28°42.5′ 84°16.3′ N ...... 28°41′39′′ 82°53′12′′ (g) Reef fish stressed area. The ° ′ ′′ ° ′ ′′ C ...... 28°11.0′ 84°00.0′ O ...... 28 30 51 82 55 11 stressed area is that part of the Gulf EEZ ° ′ ° ′ P ...... 28°40′00′′ 82°53′08′′ D ...... 28 11.0 84 07.0 shoreward of rhumb lines connecting, in E ...... 28°26.6′ 84°24.8′ Q ...... 28°40′00′′ 82°47′58′′ A ...... 28°42.5′ 84°24.8′ R ...... 28°35′14′′ 82°47′47′′ order, the points listed in Table 2, and S ...... 28°30′51′′ 82°52′55′′ shown in Figures 3 and 4, in Appendix (c) Reef fish longline and buoy gear T ...... 28°27′46′′ 82°55′09′′ B of this part. ° ′ ′′ ° ′ ′′ restricted area. A person aboard a vessel U ...... 28 30 51 82 52 09 (1) A powerhead may not be used in that uses, on any trip, longline or buoy 1 Crystal River Entrance Light 1A. the stressed area to take Gulf reef fish. gear in the longline and buoy gear 2 Long Pt. (southwest tip). Possession of a powerhead and a restricted area is limited on that trip to 3 Shoreline. mutilated Gulf reef fish in the stressed the bag limits for Gulf reef fish specified (1) Zone I is enclosed by rhumb lines area or after having fished in the in § 622.39(b)(1) and, for Gulf reef fish connecting, in order, points A, B, C, D, stressed area constitutes prima facie for which no bag limit is specified in T, E, F, G, H, I, and J, plus the shoreline evidence that such reef fish was taken § 622.39(b)(1), the vessel is limited to 5 between points A and J. It is unlawful with a powerhead in the stressed area. percent, by weight, of all fish on board to trawl in that part of Zone I that is in (2) A roller trawl may not be used in or landed. The longline and buoy gear the EEZ from October 5 through May 20, the stressed area. Roller trawl means a restricted area is that part of the Gulf each year. trawl net equipped with a series of EEZ shoreward of rhumb lines (2) Zone II is enclosed by rhumb lines large, solid rollers separated by several connecting, in order, the points listed in connecting, in order, points J, I, H, K, L, smaller spacer rollers on a separate Table 1, and shown in Figures 1 and 2, and M, plus the shoreline between cable or line (sweep) connected to the in Appendix B of this part. points J and M. footrope, which makes it possible to fish (d) Riley’s Hump seasonal closure. (3) Zone III is enclosed by rhumb the gear over rough bottom, that is, in From May 1 through June 30, each year, lines connecting, in order, points P, Q, areas unsuitable for fishing fishing is prohibited in the following R, U, S, and P. It is unlawful to trawl conventional shrimp trawls. Rigid area bounded by rhumb lines in that part of Zone III that is in the EEZ framed trawls adapted for shrimping connecting, in order, the following from October 5 through May 20, each over uneven bottom, in wide use along points: year. the west coast of Florida, and shrimp (4) Zone IV is enclosed by rhumb trawls with hollow plastic rollers for Point North lat. West long. lines connecting, in order, points E, N, fishing on soft bottoms, are not S, O, and E. considered roller trawls. A ...... 24°32.2′ 83°08.7′ (i) It is unlawful to place a stone crab ° ′ ° ′ (3) A fish trap may not be used in the B ...... 24 32.2 83 05.2 trap in that part of Zone IV that is in the stressed area. A fish trap used in the C ...... 24°28.7′ 83°05.2′ D ...... 24°28.7′ 83°08.7′ EEZ from October 5 through December stressed area will be considered A ...... 24°32.2′ 83°08.7′ 1 and from April 2 through May 20, unclaimed or abandoned property and each year. may be disposed of in any appropriate (e) Shrimp/stone crab separation (ii) It is unlawful to trawl in that part manner by the Assistant Administrator zones. Five zones are established in the of Zone IV that is in the EEZ from (including an authorized officer). Gulf EEZ and Florida’s waters off Citrus December 2 through April 1, each year. (h) Texas closure. (1) From 30 and Hernando Counties for the (5) Zone V is enclosed by rhumb lines minutes after sunset on May 15 to 30 separation of shrimp trawling and stone connecting, in order, points F, G, K, L, minutes after sunset on July 15, crab trapping. Although Zone II is and F. trawling, except trawling for royal red entirely within Florida’s waters, it is (i) It is unlawful to place a stone crab shrimp beyond the 100-fathom (183-m) included in this paragraph (e) for the trap in that part of Zone V that is in the depth contour, is prohibited in the Gulf convenience of fishermen. Restrictions EEZ from October 5 through November EEZ off Texas. that apply to Zone II and those parts of 30 and from March 16 through May 20, (2) In accordance with the procedures the other zones that are in Florida’s each year. and restrictions of the Fishery (ii) It is unlawful to trawl in that part waters are contained in Rule 46–38.001, Management Plan for the Shrimp of Zone V that is in the EEZ from Florida Administrative Code. Fishery of the Gulf of Mexico, the RD December 1 through March 15, each Geographical coordinates of the points may adjust the closing and/or opening year. date of the Texas closure to provide an referred to in this paragraph (e) are as (f) Southwest Florida seasonal trawl earlier, later, shorter, or longer closure, follows: closure. From January 1 to 1 hour after but the duration of the closure may not sunset on May 20, each year, trawling, Point North lat. West long. exceed 90 days or be less than 45 days. including trawling for live bait, is Notification of the adjustment of the ° ′ ′′ ° ′ ′′ prohibited in that part of the Gulf EEZ A ...... 28 59 30 82 45 36 closing or opening date will be ° ′ ′′ ° ′ ′′ shoreward of rhumb lines connecting, in B ...... 28 59 30 83 00 10 published in the Federal Register. C ...... 28°26′01′′ 82°59′47′′ order, the following points: D ...... 28°26′01′′ 82°56′54′′ (i) Tortugas shrimp sanctuary. (1) The E ...... 28°41′39′′ 82°55′25′′ Point North lat. West long. Tortugas shrimp sanctuary is closed to F ...... 28°41′39′′ 82°56′09′′ trawling. The Tortugas shrimp G ...... 28°48′56′′ 82°56′19′′ B 1 ...... 26°16.0′ 81°58.5′ sanctuary is that part of the EEZ off H ...... 28°53′51′′ 82°51′19′′ C ...... 26°00.0′ 82°04.0′ Florida shoreward of rhumb lines Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34949 connecting, in order, the following (k) Wild live rock area closures. No by cutting the line without removing the points: person may harvest or possess wild live fish from the water. rock in the Gulf EEZ— (d) South Atlantic shrimp cold Point North lat. West long. (1) North and west of a line extending weather closure. (1) Pursuant to the in a direction of 235° from true north procedures and criteria established in N 1 ...... 25°52.9′ 81°37.9′ the FMP for the Shrimp Fishery of the ° ′ ° ′ from a point at the mouth of the F ...... 25 50.7 81 51.3 ° ′ South Atlantic Region, when Florida, 2 ° ′ ° ′ Suwannee River at 29 17.25 N. lat., G ...... 24 40.1 82 26.7 ° ′ Georgia, North Carolina, or South H 3 ...... 24°34.7′ 82°35.2′ 83 09.9 W. long. (the Levy/Dixie P 4 ...... 24°35.0′ 81°08.0′ County, FL boundary); or Carolina closes all or a portion of its (2) South of 25°20.4′ N. lat. (due west waters of the South Atlantic to the 1 Coon Key Light. from the Monroe/Collier County, FL harvest of brown, pink, and white 2 New Ground Rocks Light. boundary). shrimp, the Assistant Administrator 3 Rebecca Shoal Light. 4 Marquessas Keys. may concurrently close the South § 622.35 South Atlantic EEZ seasonal and/ Atlantic EEZ adjacent to the closed state or area closures. (2) The provisions of paragraph (i)(1) waters by filing a notification of closure of this section notwithstanding— (a) Allowable octocoral closed area. with the Office of the Federal Register. No person may harvest or possess (i) Effective from April 11 through Closure of the adjacent EEZ will be allowable octocoral in the South effective until the ending date of the September 30, each year, that part of the ° ′ Atlantic EEZ north of 28 35.1 N. lat. closure in state waters, but may be Tortugas shrimp sanctuary seaward of (due east of the NASA Vehicle rhumb lines connecting the following ended earlier based on the state’s Assembly Building, Cape Canaveral, request. In the latter case, the Assistant points is open to trawling: From point FL). ° ′ ° ′ Administrator will terminate a closure T at 24 47.8 N. lat., 82 01.0 W. long. (b) Longline closed areas. A longline ° ′ ° ′ of the EEZ by filing a notification to that to point U at 24 43.83 N. lat., 82 01.0 may not be used to fish in the EEZ for W. long. (on the line denoting the effect with the Office of the Federal South Atlantic snapper-grouper south of Register. seaward limit of Florida’s waters); ° ′ 27 10 N. lat. (due east of the entrance (2) During a closure, as specified in thence along the seaward limit of ° ′ to St. Lucie Inlet, FL); or north of 27 10 paragraph (d)(1) of this section— Florida’s waters, as shown on the N. lat. where the charted depth is less (i) No person may trawl for brown current edition of NOAA chart 11439, to than 50 fathoms (91.4 m), as shown on ° ′ ° ′ shrimp, pink shrimp, or white shrimp in point V at 24 42.55 N. lat., 82 15.0 W. the latest edition of the largest scale the closed portion of the EEZ (closed long.; thence north to point W at NOAA chart of the location. A person ° ′ ° ′ area); and no person may possess on 24 43.6 N. lat., 82 15.0 W. long. aboard a vessel with a longline on board board a fishing vessel brown shrimp, (ii) Effective from April 11 through that fishes on a trip in the South pink shrimp, or white shrimp in or from July 31, each year, that part of the Atlantic EEZ south of 27°10′ N. lat., or a closed area, except as authorized in Tortugas shrimp sanctuary seaward of north of 27°10′ N. lat. where the charted paragraph (d)(2)(iii) of this section. rhumb lines connecting the following depth is less than 50 fathoms (91.4 m), (ii) No person aboard a vessel trawling points is open to trawling: From point is limited on that trip to the bag limit in that part of a closed area that is W to point V, both points as specified for South Atlantic snapper-grouper for within 25 nm of the baseline from in paragraph (i)(2)(i) of this section, to which a bag limit is specified in which the territorial sea is measured point G, as specified in paragraph (i)(1) § 622.39(d)(1), and to zero for all other may use or have on board a trawl net of this section. South Atlantic snapper-grouper. For the with a mesh size less than 4 inches (10.2 (3) Effective from May 26 through July purpose of this paragraph, a vessel is cm), as measured between the centers of 31, each year, that part of the Tortugas considered to have a longline on board opposite knots when pulled taut. shrimp sanctuary seaward of rhumb when a power-operated longline hauler, (iii) Brown shrimp, pink shrimp, or lines connecting the following points is a cable or monofilament of diameter and white shrimp may be possessed on open to trawling: From point F, as length suitable for use in the longline board a fishing vessel in a closed area, specified in paragraph (i)(1) of this fishery, and gangions are on board. provided the vessel is in transit and all section, to point Q at 24°46.7′ N. lat., Removal of any one of these three trawl nets with a mesh size less than 4 81°52.2′ W. long. (on the line denoting elements constitutes removal of a inches (10.2 cm), as measured between the seaward limit of Florida’s waters); longline. the centers of opposite knots when (c) Oculina Bank HAPC. The Oculina thence along the seaward limit of pulled taut, are stowed below deck Bank HAPC is bounded on the north by Florida’s waters, as shown on the while transiting the closed area. For the 27°53′ N. lat., on the south by 27°30′ N. current edition of NOAA chart 11439, to purpose of this paragraph, a vessel is in lat., on the east by 79°56′ W. long., and point U and north to point T, both transit when it is on a direct and on the west by 80°00′ W. long. In the points as specified in paragraph (i)(2)(i) continuous course through a closed Oculina Bank HAPC: of this section. area. (1) Fishing with a bottom longline, (e) SMZs. (1) The SMZs consist of (j) West and East Flower Garden bottom trawl, dredge, pot, or trap is artificial reefs and surrounding areas as Banks HAPC. Fishing with a bottom prohibited. follows: longline, bottom trawl, dredge, pot, or (2) A fishing vessel may not anchor, (i) Paradise Reef is bounded on the trap is prohibited year-round in the use an anchor and chain, or use a north by 33°31.59′ N. lat.; on the south HAPC. The West and East Flower grapple and chain. by 33°30.51′ N. lat.; on the east by Garden Banks are geographically (3) No fishing for South Atlantic 78°57.55′ W. long.; and on the west by centered at 27°52′14.21′′ N. lat., snapper-grouper is allowed, and South 78°58.85′ W. long. 93°48′54.79′′ W. long. and 27°55′07.44′′ Atlantic snapper-grouper may not be (ii) Ten Mile Reef is bounded on the N. lat., 93°36′08.49′′ W. long., retained, in or from the HAPC. South north by 33°26.65′ N. lat.; on the south respectively. The HAPC extends from Atlantic snapper-grouper taken by 33°24.80′ N. lat.; on the east by these centers to the 50-fathom (300-ft) incidentally in the HAPC by hook-and- 78°51.08′ W. long.; and on the west by (91.4-m) isobath. line gear must be released immediately 78°52.97′ W. long. 34950 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(iii) Pawleys Island Reef is bounded 80°47.0′ W. long.; and on the west by (xxix) Comanche Reef is bounded on on the north by 33°26.58′ N. lat.; on the 80°48.1′ W. long. the north by 32°27.40′ N. lat.; on the south by 33°25.76′ N. lat.; on the east by (xvii) Artificial Reef—L is bounded on south by 32°26.90′ N. lat.; on the east by 79°00.29′ W. long.; and on the west by the north by 31°46.2′ N. lat.; on the 79°18.80′ W. long.; and on the west by 79°01.24′ W. long. south by 31°45.1′ N. lat.; on the east by 79°19.60′ W. long. (iv) Georgetown Reef is bounded on 80°35.8′ W. long.; and on the west by (2) The use of a sea bass pot or a the north by 33°14.90′ N. lat.; on the 80°37.1′ W. long. bottom longline is prohibited in each of south by 33°13.85′ N. lat.; on the east by (xviii) Artificial Reef—KC is bounded the SMZs. The following additional 78°59.45′ W. long.; and on the west by on the north by 31°51.2′ N. lat.; on the restrictions apply in the indicated 79°00.65′ W. long. south by 31°50.3′ N. lat.; on the east by SMZs: (v) Capers Reef is bounded on the 80°46.0′ W. long.; and on the west by (i) In SMZs specified in paragraphs north by 32°45.45′ N. lat.; on the south 80°47.2′ W. long. (e)(1) (i) through (xviii) and (e)(1) (xxii) by 32°43.91′ N. lat.; on the east by (xix) Ft. Pierce Inshore Reef is through (xxix) of this section, the use of 79°33.81′ W. long.; and on the west by bounded on the north by 27°26.8’ N. a gillnet or a trawl is prohibited; and 79°35.10′ W. long. lat.; on the south by 27°25.8’ N. lat.; on fishing may be conducted only with (vi) Kiawah Reef is bounded on the the east by 80°09.24’ W. long.; and on hand-held hook-and-line gear (including north by 32°29.78′ N. lat.; on the south the west by 80°10.36’ W. long. a manual, electric, or hydraulic rod and by 32°28.25′ N. lat.; on the east by (xx) Ft. Pierce Offshore Reef is reel) and spearfishing gear. 79°59.00′ W. long.; and on the west by bounded by rhumb lines connecting, in (ii) In SMZs specified in paragraphs 80°00.95′ W. long. order, the following points: (e)(1) (xix) and (xx) of this section, a (vii) Edisto Offshore Reef is bounded hydraulic or electric reel that is on the north by 32°15.30′ N. lat.; on the Point North lat. West long. permanently affixed to the vessel is south by 32°13.90′ N. lat.; on the east by prohibited when fishing for South ° ′ A ...... 27°23.68′ 80°03.95′ Atlantic snapper-grouper. 79 50.25 W. long.; and on the west by ° ′ ° ′ ° ′ B ...... 27 22.80 80 03.60 (iii) In the SMZs specified in 79 51.45 W. long. C ...... 27°23.94′ 80°00.02′ (viii) Hunting Island Reef is bounded ° ′ ° ′ paragraphs (e)(1) (xix) and (xxi) of this D ...... 27 24.85 80 00.33 section, the use of spearfishing gear is on the north by 32°13.72′ N. lat.; on the A ...... 27°23.68′ 80°03.95′ south by 32°12.30′ N. lat.; on the east by prohibited. (iv) In the SMZs specified in 80°19.23′ W. long.; and on the west by (xxi) Key Biscayne/Artificial Reef—H paragraphs (e)(1)(i) through (x) and 80°21.00′ W. long. is bounded on the north by 25°42.82′ N. (e)(1) (xxii) through (xxix) of this (ix) Fripp Island Reef is bounded on lat.; on the south by 25°41.32′ N. lat.; on section, a powerhead may not be used the north by 32°15.92′ N. lat.; on the the east by 80°04.22′ W. long.; and on to take South Atlantic snapper-grouper. south by 32°14.75′ N. lat.; on the east by the west by 80°05.53′ W. long. Possession of a powerhead and a 80°21.62′ W. long.; and on the west by (xxii) Little River Offshore Reef is mutilated South Atlantic snapper- 80°22.90′ W. long. bounded on the north by 33°42.10′ N. grouper in one of the specified SMZs, or (x) Betsy Ross Reef is bounded on the lat.; on the south by 33°41.10′ N. lat.; on after having fished in one of the SMZs, north by 32°03.60′ N. lat.; on the south the east by 78°26.40′ W. long.; and on constitutes prima facie evidence that by 32°02.88′ N. lat.; on the east by the west by 78°27.10′ W. long. such fish was taken with a powerhead 80°24.57′ W. long.; and on the west by (xxiii) BP–25 Reef is bounded on the in the SMZ. 80°25.50′ W. long. north by 33°21.70′ N. lat.; on the south (xi) Hilton Head Reef/Artificial Reef— by 33°20.70′ N. lat.; on the east by § 622.36 Seasonal harvest limitations. ° ′ T is bounded on the north by 32 00.71 78°24.80′ W. long.; and on the west by The following limitations apply in the ° ′ N. lat.; on the south by 31 59.42 N. lat.; 78°25.60′ W. long. South Atlantic EEZ: on the east by 80°35.23′ W. long.; and (xxiv) Vermilion Reef is bounded on (a) Greater amberjack spawning on the west by 80°36.37′ W. long. the north by 32°57.80′ N. lat.; on the season. During April, each year, south (xii) Artificial Reef—A is bounded on south by 32°57.30′ N. lat.; on the east by of 28°35.1′ N. lat. (due east of the NASA the north by 30°56.4′ N. lat.; on the 78°39.30′ W. long.; and on the west by Vehicle Assembly Building, Cape south by 30°55.2′ N. lat.; on the east by 78°40.10′ W. long. Canaveral, FL), the possession of greater 81°15.4′ W. long.; and on the west by (xxv) Cape Romaine Reef is bounded amberjack in or from the EEZ on board 81°16.5′ W. long. on the north by 33°00.00′ N. lat.; on the a vessel that has a commercial permit (xiii) Artificial Reef—C is bounded on south by 32°59.50′ N. lat.; on the east by for South Atlantic snapper-grouper is the north by 30°51.4′ N. lat.; on the 79°02.01′ W. long.; and on the west by limited to three per person during a south by 30°50.1′ N. lat.; on the east by 79°02.62′ W. long. single day, regardless of the number of 81°09.1′ W. long.; and on the west by (xxvi) Y–73 Reef is bounded on the trips or the duration of a trip. 81°10.4′ W. long. north by 32°33.20′ N. lat.; on the south (b) Mutton snapper spawning season. (xiv) Artificial Reef—G is bounded on by 32°32.70′ N. lat.; on the east by During May and June, each year, the the north by 30°59.1′ N. lat.; on the 79°19.10′ W. long.; and on the west by possession of mutton snapper in or from south by 30°57.8′ N. lat.; on the east by 79°19.70′ W. long. the EEZ on board a vessel that has a 80°57.7′ W. long.; and on the west by (xxvii) Eagles Nest Reef is bounded on commercial permit for South Atlantic 80°59.2′ W. long. the north by 32°01.48′ N. lat.; on the snapper-grouper is limited to 10 per (xv) Artificial Reef—F is bounded on south by 32°00.98′ N. lat.; on the east by person during a single day, regardless of the north by 31°06.6′ N. lat.; on the 80°30.00′ W. long.; and on the west by the number of trips or the duration of south by 31°05.6′ N. lat.; on the east by 80°30.65′ W. long. a trip. 81°11.4′ W. long.; and on the west by (xxviii) Bill Perry Jr. Reef is bounded (c) Wreckfish spawning-season 81°13.3′ W. long. on the north by 33°26.20′ N. lat.; on the closure. From January 15 through April (xvi) Artificial Reef—J is bounded on south by 33°25.20′ N. lat.; on the east by 15, each year, no person may harvest or the north by 31°36.7′ N. lat.; on the 78°32.70′ W. long.; and on the west by possess on a fishing vessel wreckfish in south by 31°35.7′ N. lat.; on the east by 78°33.80′ W. long. or from the EEZ; offload wreckfish from Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34951 the EEZ; or sell or purchase wreckfish (e) South Atlantic snapper-grouper. (c) Shark, swordfish, and tuna species in or from the EEZ. The prohibition on (1) Black sea bass and lane snapper—8 are exempt from the requirements of sale or purchase of wreckfish does not inches (20.3 cm), TL. paragraph (a) of this section. apply to trade in wreckfish that were (2) Vermilion snapper—10 inches (d) In the Gulf EEZ: harvested, offloaded, and sold or (25.4 cm), TL, for a fish taken by a (1) Bait is exempt from the purchased prior to January 15 and were person subject to the bag limit specified requirement to be maintained with head held in cold storage by a dealer or in § 622.39(d)(1)(v) and 12 inches (30.5 and fins intact. processor. cm), TL, for a fish taken by a person not (i) For the purpose of this paragraph subject to the bag limit. (d)(1), bait means— § 622.37 Minimum sizes. (A) Packaged, headless fish fillets that (3) Blackfin, cubera, dog, gray, Except for undersized king and have the skin attached and are frozen or mahogany, queen, silk, and yellowtail Spanish mackerel allowed in paragraphs refrigerated; snappers; schoolmaster; and red porgy— (c)(2) and (3) of this section, a fish (B) Headless fish fillets that have the 12 inches (30.5 cm), TL. smaller than its minimum size, as skin attached and are held in brine; or specified in this section, in or from the (4) Gray triggerfish in the South (C) Small pieces no larger than 3 in3 Caribbean, Gulf, South Atlantic, and/or Atlantic EEZ off Florida—12 inches (7.6 cm3) or strips no larger than 3 Mid-Atlantic EEZ, as appropriate, may (30.5 cm), TL. inches by 9 inches (7.6 cm by 22.9 cm) not be possessed, sold, or purchased. An (5) Hogfish—12 inches (30.5 cm), fork that have the skin attached and are undersized fish must be released length. frozen, refrigerated, or held in brine. immediately with a minimum of harm. (6) Mutton snapper—16 inches (40.6 (ii) Paragraph (d)(1)(i) of this section The operator of a vessel that fishes in cm), TL. notwithstanding, a finfish or part the EEZ is responsible for ensuring that (7) Black, red, yellowfin, and thereof possessed in or landed from the fish on board are no smaller than the yellowmouth grouper; scamp; gag; and Gulf EEZ that is subsequently sold or minimum size limits specified in this red snapper—20 inches (50.8 cm), TL. purchased as a finfish species, rather section. (8) Greater amberjack—28 inches than as bait, is not bait. (a) Caribbean reef fish: Yellowtail (71.1 cm), fork length, for a fish taken (2) Legal-sized finfish possessed for snapper—12 inches (30.5 cm), TL. by a person subject to the bag limit consumption at sea on the harvesting (b) Caribbean spiny lobster—3.5 specified in § 622.39(d)(1)(i) and 36 vessel are exempt from the requirement inches (8.9 cm), carapace length. inches (91.4 cm), fork length, or, if the to have head and fins intact, provided— (c) Coastal migratory pelagic fish. (1) head is removed, 28 inches (71.1 cm), (i) Such finfish do not exceed any Cobia in the Gulf or South Atlantic—33 measured from the center edge at the applicable bag limit; inches (83.8 cm), fork length. deheaded end to the fork of the tail, for (ii) Such finfish do not exceed 1.5 lb (2) King mackerel in the Gulf, South a fish taken by a person not subject to (680 g) of finfish parts per person Atlantic, or Mid-Atlantic—20 inches the bag limit. (See Figure 2 in Appendix aboard; and (30.5 cm), fork length, except that a C of this part for deheaded fish length (iii) The vessel is equipped to cook vessel fishing under a quota for king measurement.) such finfish on board. mackerel specified in § 622.42(c)(1) may (e) In the South Atlantic EEZ, a (f) Gulf shrimp. White shrimp possess undersized king mackerel in greater amberjack on or offloaded ashore harvested in the EEZ are subject to the quantities not exceeding 5 percent, by from a vessel that has a permit specified minimum-size landing and possession weight, of the king mackerel on board. in § 622.4(a)(2)(vi) may be deheaded and limits of Louisiana when possessed (3) Spanish mackerel in the Gulf, eviscerated, but must otherwise be within the jurisdiction of that State. South Atlantic, or Mid-Atlantic—12 maintained in a whole condition inches (30.5 cm), fork length, except § 622.38 Landing fish intact. through offloading ashore. that a vessel fishing under a quota for The operator of a vessel that fishes in § 622.39 Bag and possession limits. Spanish mackerel specified in the EEZ is responsible for ensuring that § 622.42(c)(2) may possess undersized (a) Applicability. (1) The bag and fish on that vessel in the EEZ are Spanish mackerel in quantities not possession limits apply for species/ maintained intact and, if taken from the exceeding 5 percent, by weight, of the species groups listed in this section in EEZ, are maintained intact through Spanish mackerel on board. or from the EEZ. Bag limits apply to a offloading ashore, as specified in this (d) Gulf reef fish. (1) Black sea bass person on a daily basis, regardless of the section. and lane and vermilion snappers—8 number of trips in a day. Possession inches (20.3 cm), TL. (a) The following must be maintained limits apply to a person on a trip after (2) Gray, mutton, and yellowtail with head and fins intact: A cobia in or the first 24 hours of that trip. The bag snappers—12 inches (30.5 cm), TL. from the Gulf or South Atlantic EEZ; a and possession limits apply to a person (3) Red snapper— king mackerel or Spanish mackerel in or who fishes in the EEZ in any manner, (i) Effective through December 31, from the Gulf, Mid-Atlantic, or South except a person aboard a vessel in the 1997—15 inches (38.1 cm), TL; Atlantic EEZ; a South Atlantic snapper- EEZ that has on board the commercial (ii) Effective January 1, 1998—16 grouper in or from the South Atlantic vessel permit required under inches (40.6 cm), TL. EEZ; a yellowtail snapper in or from the § 622.4(a)(2) for the appropriate species/ (4) Black, red, Nassau, and yellowfin Caribbean EEZ; and, except as specified species group. However, see § 622.32 for groupers and gag—20 inches, (50.8 cm), in paragraphs (c), (d), and (e) of this limitations on taking prohibited and TL. section, a finfish in or from the Gulf limited-harvest species. The limitations (5) Greater amberjack—28 inches EEZ. Such fish may be eviscerated, in § 622.32 apply without regard to (71.1 cm), fork length, for a fish taken gilled, and scaled, but must otherwise whether the species is harvested by a by a person subject to the bag limit be maintained in a whole condition. vessel operating under a commercial specified in § 622.39(b)(1)(i) and 36 (b) A Caribbean spiny lobster in or vessel permit or by a person subject to inches (91.4 cm), fork length, for a fish from the Caribbean EEZ must be the bag limits. The possession of a taken by a person not subject to the bag maintained with head and carapace commercial vessel permit limit. intact. notwithstanding, the bag and possession 34952 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations limits apply when the vessel is conform to Florida’s limit, provided (3) Longline bag limits. Other operating as a charter vessel or such limit does not exceed 5. provisions of this paragraph (d) headboat. A person who fishes in the (ii) Gulf migratory group king notwithstanding, a person on a trip EEZ may not combine a bag limit mackerel—2. aboard a vessel for which the bag limits specified in this section with a bag or (iii) Atlantic migratory group Spanish apply that has a longline on board is possession limit applicable to state mackerel—10. limited on that trip to the bag limit for waters. A species/species group subject (iv) Gulf migratory group Spanish South Atlantic snapper-grouper for to a bag limit specified in this section mackerel— which a bag limit is specified in taken in the EEZ by a person subject to (A) Off Louisiana, Mississippi, and paragraph (d)(1) of this section, and to the bag limits may not be transferred at Alabama—10. zero for all other South Atlantic sea, regardless of where such transfer (B) Off Florida—10, which is the daily snapper-grouper. For the purpose of this takes place, and such fish may not be bag limit specified by Florida for its paragraph (d)(3), a vessel is considered transferred in the EEZ. waters (Rule 46–23.005(1), Florida to have a longline on board when a (2) Paragraph (a)(1) of this section Administrative Code). If Florida changes power-operated longline hauler, a cable notwithstanding, bag and possession its limit, the bag limit specified in this or monofilament of diameter and length limits also apply for Gulf reef fish in or paragraph (c)(1)(iv)(B) will be changed suitable for use in the longline fishery, from the EEZ to a person aboard a vessel to conform to Florida’s limit, provided and gangions are on board. Removal of that has on board a commercial permit such limit does not exceed 10. any one of these three elements for Gulf reef fish— (C) Off Texas—7, which is the daily constitutes removal of a longline. bag limit specified by Texas for its (i) When trawl gear or entangling net § 622.40 Limitations on traps and pots. gear is on board. A vessel is considered waters (Rule 31–65.72(c)(4)(A), Texas (a) Tending—(1) Caribbean EEZ. A to have trawl gear on board when trawl Administrative Code). If Texas changes fish trap or Caribbean spiny lobster trap doors and a net are on board. Removal its limit, the bag limit specified in this in the Caribbean EEZ may be pulled or from the vessel of all trawl doors or all paragraph (c)(1)(iv)(C) will be changed to conform to Texas’ limit, provided tended only by a person (other than an nets constitutes removal of trawl gear. authorized officer) aboard the fish trap (ii) When a longline or buoy gear is such limit does not exceed 10. (2) Possession limits. A person who is or spiny lobster trap owner’s vessel, or on board and the vessel is fishing or has on a trip that spans more than 24 hours aboard another vessel if such vessel has fished on a trip in the reef fish longline may possess no more than two daily bag on board written consent of the trap and buoy gear restricted area specified limits, provided such trip is on a vessel owner, or if the trap owner is aboard in § 622.34(c). A vessel is considered to that is operating as a charter vessel or and has documentation verifying his have a longline on board when a power- headboat, the vessel has two licensed identification number and color code. operated longline hauler, a cable of operators aboard, and each passenger is An owner’s written consent must diameter and length suitable for use in issued and has in possession a receipt specify the time period such consent is the longline fishery, and gangions are on issued on behalf of the vessel that effective and the trap owner’s gear board. Removal of any one of these three verifies the length of the trip. identification number and color code. elements, in its entirety, constitutes (d) South Atlantic snapper-grouper— (2) Gulf EEZ. A fish trap in the Gulf removal of a longline. (1) Bag limits. (i) Greater amberjack—3. EEZ may be pulled or tended only by a (iii) For a species/species group when (ii) Groupers, combined, excluding person (other than an authorized officer) its quota has been reached and closure jewfish and Nassau grouper, and aboard the vessel with the fish trap has been effected. tilefishes—5. endorsement to fish such trap or aboard (b) Gulf reef fish—(1) Bag limits. (i) (iii) Hogfish in the South Atlantic off another vessel if such vessel has on Greater amberjack—3. Florida—5. board written consent of the owner or (ii) Groupers, combined, excluding (iv) Snappers, combined, excluding operator of the vessel so endorsed. Such jewfish—5. cubera snapper measuring 30 inches written consent is valid solely for the (iii) Red snapper—5. (76.2 cm), TL, or larger, in the South removal of fish traps from the EEZ, and (iv) Snappers, combined, excluding Atlantic off Florida, and excluding harvest of fish incidental to such red, lane, and vermilion snapper—10. vermilion snapper—10, of which no removal, when vessel or equipment (2) Possession limits. A person who is more than 2 may be red snapper. (See breakdown prevents the vessel with the on a trip that spans more than 24 hours § 622.32(c)(2) for limitations on cubera fish trap endorsement from retrieving its may possess no more than two daily bag snapper measuring 30 inches (76.2 cm), traps. limits, provided such trip is on a vessel TL, or larger, in or from the South (3) South Atlantic EEZ. A sea bass pot that is operating as a charter vessel or Atlantic EEZ off Florida.) in the South Atlantic EEZ may be pulled headboat, the vessel has two licensed (v) Vermilion snapper—10. or tended only by a person (other than operators aboard, and each passenger is (2) Possession limits. Provided each an authorized officer) aboard the vessel issued and has in possession a receipt passenger is issued and has in permitted to fish such pot or aboard issued on behalf of the vessel that possession a receipt issued on behalf of another vessel if such vessel has on verifies the length of the trip. the vessel that verifies the duration of board written consent of the owner or (c) King and Spanish mackerel—(1) the trip— operator of the vessel so permitted. Bag limits. (i) Atlantic migratory group (i) A person aboard a charter vessel or (b) Escape mechanisms—(1) king mackerel— headboat on a trip that spans more than Caribbean EEZ. (i) A fish trap used or (A) Mid-Atlantic and South Atlantic, 24 hours may possess no more than two possessed in the Caribbean EEZ must other than off Florida—3. daily bag limits. have a panel located on each of two (B) Off Florida—2, which is the daily (ii) A person aboard a headboat on a sides of the trap, excluding the top, bag limit specified by Florida for its trip that spans more than 48 hours and bottom, and side containing the trap waters (Rule 46–12.004(1), Florida who can document that fishing was entrance. The opening covered by a Administrative Code). If Florida changes conducted on at least 3 days may panel must measure not less than 8 by its limit, the bag limit specified in this possess no more than three daily bag 8 inches (20.3 by 20.3 cm). The mesh paragraph (c)(1)(i)(B) will be changed to limits. size of a panel may not be smaller than Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34953 the mesh size of the trap. A panel must (A) Untreated hemp, jute, or cotton that is not returned to port on a trip, and be attached to the trap with untreated string with a diameter not exceeding 3⁄16 its attached line and buoy, may be jute twine with a diameter not inch (4.8 mm). disposed of in any appropriate manner exceeding 1⁄8 inch (3.2 mm). An access (B) Magnesium alloy, timed float by the Assistant Administrator or an door may serve as one of the panels, releases (pop-up devices) or similar authorized officer. The owner of such provided it is on an appropriate side, it magnesium alloy fasteners. trap and/or the operator of the is hinged only at its bottom, its only (C) Ungalvanized or uncoated iron responsible vessel is subject to other fastening is untreated jute twine wire with a diameter not exceeding 1⁄16 appropriate civil penalties. A buoy that with a diameter not exceeding 1⁄8 inch inch (1.6 mm), that is, 16 gauge wire. floats on the surface must be attached to (3.2 mm), and such fastening is at the (ii) [Reserved] each fish trap, or to each end trap of top of the door so that the door will fall (c) Construction requirements and traps that are connected by a line, used open when such twine degrades. Jute mesh sizes—(1) Caribbean EEZ. A bare- in the Gulf EEZ. The maximum twine used to secure a panel may not be wire fish trap used or possessed in the allowable size for a fish trap fished in wrapped or overlapped. EEZ that has hexagonal mesh openings the Gulf EEZ shoreward of the 50- (ii) A spiny lobster trap used or must have a minimum mesh size of 1.5 fathom (91.4-m) isobath is 33 ft3 (0.9 m3) possessed in the Caribbean EEZ must inches (3.8 cm) in the smallest in volume. Fish trap volume is contain on any vertical side or on the dimension measured between centers of determined by measuring the external top a panel no smaller in diameter than opposite strands. A bare-wire fish trap dimensions of the trap, and includes the throat or entrance of the trap. The used or possessed in the EEZ that has both the enclosed holding capacity of panel must be made of or attached to the other than hexagonal mesh openings or the trap and the volume of the funnel(s) trap by one of the following degradable a fish trap of other than bare wire, such within those dimensions. There is no materials: as coated wire or plastic, used or size limitation for fish traps fished possessed in the EEZ, must have a (A) Untreated fiber of biological origin seaward of the 50-fathom (91.4-m) 1 minimum mesh size of 2.0 inches (5.1 isobath. The maximum number of traps with a diameter not exceeding ⁄8 inch cm) in the smallest dimension measured (3.2 mm). This includes, but is not that may be assigned to, possessed, or between centers of opposite strands. fished in the Gulf EEZ by a vessel is limited to tyre, palm, hemp, jute, cotton, (2) Gulf EEZ. A fish trap used or wool, or silk. 100. possessed in the Gulf EEZ must meet all (2) South Atlantic EEZ. In the South (B) Ungalvanized or uncoated iron of the following mesh size requirements 1 Atlantic EEZ, sea bass pots may not be wire with a diameter not exceeding ⁄16 (based on centerline measurements used or possessed in multiple inch (1.6 mm), that is, 16 gauge wire. between opposite wires or netting configurations, that is, two or more pots (2) Gulf EEZ. A fish trap used or strands): may not be attached one to another so possessed in the Gulf EEZ must have at (i) A minimum of 2 in2 (12.9 cm2) that their overall dimensions exceed least two escape windows on each of opening for each mesh. those allowed for an individual sea bass two sides, excluding the bottom (a total (ii) One-inch (2.5-cm) minimum pot. This does not preclude connecting of four escape windows), that are 2 by length for the shortest side. individual pots to a line, such as a 2 inches (5.1 by 5.1 cm) or larger. In (iii) Minimum distance of 1 inch (2.5 ‘‘trawl’’ or trot line. addition, a fish trap must have a panel cm) between parallel sides of or access door located opposite each rectangular openings, and 1.5 inches § 622.41 Species specific limitations. side of the trap that has a funnel. The (3.8 cm) between parallel sides of square (a) Aquacultured live rock. In the Gulf opening covered by each panel or access openings and of mesh openings with or South Atlantic EEZ: door must be 144 in2 (929 cm2) or larger, more than four sides. (1) Aquacultured live rock may be with one dimension of the area equal to (iv) One and nine-tenths inches (4.8 harvested only under a permit, as or larger than the largest interior axis of cm) minimum distance for diagonal required under § 622.4(a)(3)(iii), and the trap’s throat (funnel) with no other measures of mesh. aquacultured live rock on a site may be dimension less than 6 inches (15.2 cm). (3) South Atlantic EEZ. (i) A sea bass harvested only by the person, or his or The hinges and fasteners of each panel pot used or possessed in the South her employee, contractor, or agent, who or access door must be constructed of Atlantic EEZ must have mesh sizes as has been issued the aquacultured live one of the following degradable follows (based on centerline rock permit for the site. A person materials: measurements between opposite, harvesting aquacultured live rock is (i) Untreated jute string with a parallel wires or netting strands): exempt from the prohibition on taking (A) Hexagonal mesh (chicken wire)— diameter not exceeding 3⁄16 inch (4.8 prohibited coral for such prohibited at least 1.5 inches (3.8 cm) between the mm) that is not wrapped or overlapped. coral as attaches to aquacultured live wrapped sides; (ii) Magnesium alloy, time float rock. (B) Square mesh—at least 1.5 inches (2) The following restrictions apply to releases (pop-up devices) or similar (3.8 cm) between sides; or individual aquaculture activities: magnesium alloy fasteners. (C) Rectangular mesh—at least 1 inch (i) No aquaculture site may exceed 1 (3) South Atlantic EEZ. (i) A sea bass (2.5 cm) between the longer sides and 2 acre (0.4 ha) in size. pot that is used or possessed in the inches (5.1 cm) between the shorter (ii) Material deposited on the ° ′ South Atlantic EEZ north of 28 35.1 N. sides. aquaculture site— lat. (due east of the NASA Vehicle (ii) [Reserved] (A) May not be placed over naturally Assembly Building, Cape Canaveral, FL) (d) Area-specific restrictions—(1) Gulf occurring reef outcrops, limestone is required to have on at least one side, EEZ. In the Gulf EEZ, a fish trap may be ledges, coral reefs, or vegetated areas. excluding top and bottom, a panel or pulled or tended only from official (B) Must be free of contaminants. door with an opening equal to or larger sunrise to official sunset. The operator (C) Must be nontoxic. than the interior end of the trap’s throat of a vessel from which a fish trap is (D) Must be placed on the site by (funnel). The hinges and fasteners of deployed in the Gulf EEZ must retrieve hand or lowered completely to the each panel or door must be made of one all the vessel’s fish traps and return bottom under restraint, that is, not of the following degradable materials: them to port on each trip. A fish trap allowed to fall freely. 34954 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(E) Must be placed from a vessel that EEZ for migratory groups of king and authorized in directed fishing for is anchored. Spanish mackerel as follows: snapper-grouper in the South Atlantic (F) In the Gulf EEZ, must be (A) King mackerel, Gulf migratory EEZ: distinguishable, geologically or group—all gear other than hook and line (i) Vertical hook-and-line gear, otherwise (for example, be indelibly and run-around gillnet. including a hand-held rod or a rod marked or tagged), from the naturally (B) Spanish mackerel, Gulf and attached to a vessel (‘‘bandit’’ gear), in occurring substrate. Atlantic migratory groups—purse either case, with a manual, electric, or (G) In the South Atlantic EEZ, must be seines. hydraulic reel. geologically distinguishable from the (ii) Except for the purse seine (ii) Spearfishing gear. naturally occurring substrate and, in incidental catch allowance specified in (iii) Bottom longline. addition, may be indelibly marked or paragraph (c)(3) of this section, a vessel (iv) Sea bass pot. tagged. in the EEZ in the area of a migratory (2) Unauthorized gear. All gear types (iii) A minimum setback of at least 50 group or having fished in the EEZ in other than those specified in paragraph ft (15.2 m) must be maintained from such area with prohibited gear on board (d)(1) of this section are unauthorized natural vegetated or hard bottom may not possess any of the species for gear and the following possession and habitats. which that gear is prohibited. transfer limitations apply. (3) Mechanically dredging or drilling, (2) Gillnets—(i) King mackerel. The (i) A vessel with trawl gear on board or otherwise disturbing, aquacultured minimum allowable mesh size for a that fishes in the EEZ on a trip may live rock is prohibited, and gillnet used to fish in the Gulf, Mid- possess no more than 200 lb (90.7 kg) aquacultured live rock may be harvested Atlantic, or South Atlantic EEZ for king of South Atlantic snapper-grouper, only by hand. In addition, the following mackerel is 4.75 inches (12.1 cm), excluding wreckfish, in or from the EEZ activities are prohibited in the South stretched mesh. A vessel in the EEZ, or on that trip. It is a rebuttable Atlantic: Chipping of aquacultured live having fished on a trip in the EEZ, with presumption that a vessel with more rock in the EEZ, possession of chipped a gillnet on board that has a mesh size than 200 lb (90.7 kg) of South Atlantic aquacultured live rock in or from the less than 4.75 inches (12.1 cm), snapper-grouper, excluding wreckfish, EEZ, removal of allowable octocoral or stretched mesh, may possess on that trip on board harvested such fish in the EEZ. prohibited coral from aquacultured live an incidental catch of king mackerel (ii) Except as specified in paragraph rock in or from the EEZ, and possession that does not exceed 10 percent, by (d)(3) of this section, a person aboard a of prohibited coral not attached to number, of the total lawfully possessed vessel with unauthorized gear on board, aquacultured live rock or allowable Spanish mackerel on board. other than trawl gear, that fishes in the octocoral, while aquacultured live rock (ii) Spanish mackerel. The minimum EEZ on a trip is limited on that trip to: is in possession. See the definition of allowable mesh size for a gillnet used to (A) South Atlantic snapper-grouper ‘‘Allowable octocoral’’ for clarification fish in the Gulf, Mid-Atlantic, or South species for which a bag limit is specified of the distinction between allowable Atlantic EEZ for Spanish mackerel is 3.5 in § 622.39(d)(1)—the bag limit. octocoral and live rock. For the inches (8.9 cm), stretched mesh. A (B) All other South Atlantic snapper- purposes of this paragraph (a)(3), vessel in the EEZ, or having fished on grouper—zero. chipping means breaking up reefs, a trip in the EEZ, with a gillnet on board (iii) South Atlantic snapper-grouper ledges, or rocks into fragments, usually that has a mesh size less than 3.5 inches on board a vessel with unauthorized by means of a chisel and hammer. (8.9 cm), stretched mesh, may not gear on board may not be transferred at (4) Not less than 24 hours prior to possess on that trip any Spanish sea, regardless of where such transfer harvest of aquacultured live rock, the mackerel. takes place, and such snapper-grouper owner or operator of the harvesting (3) Purse seine incidental catch may not be transferred in the EEZ. vessel must provide the following allowance. A vessel in the EEZ, or (iv) No vessel may receive at sea any information to the NMFS Law having fished in the EEZ, with a purse South Atlantic snapper-grouper from a Enforcement Office, Southeast Area, St. seine on board will not be considered as vessel with unauthorized gear on board, Petersburg, FL, telephone (813) 570– fishing, or having fished, for king or as specified in paragraph (d)(2)(iii) of 5344: Spanish mackerel in violation of a this section. (i) Permit number of site to be prohibition of purse seines under (3) Use of sink nets off North harvested and date of harvest. paragraph (c)(1)(i)(B) of this section, or, Carolina. A vessel that has on board a (ii) Name and official number of the in the case of king mackerel from the commercial permit for South Atlantic vessel to be used in harvesting. Atlantic migratory group, in violation of snapper-grouper, excluding wreckfish, (iii) Date, port, and facility at which a closure effected in accordance with that fishes in the EEZ off North Carolina aquacultured live rock will be landed. § 622.43(a), provided the king mackerel on a trip with a sink net on board, may (b) Caribbean reef fish. A marine on board does not exceed 1 percent, or retain otherwise legal South Atlantic aquarium fish may be harvested in the the Spanish mackerel on board does not snapper-grouper taken on that trip with Caribbean EEZ only by a hand-held dip exceed 10 percent, of all fish on board vertical hook-and-line gear or a sea bass net or by a hand-held slurp gun. For the the vessel. Incidental catch will be pot. For the purpose of this paragraph purposes of this paragraph, a hand-held calculated by number and/or weight of (d)(3), a sink net is a gillnet with slurp gun is a device that rapidly draws fish. Neither calculation may exceed the stretched mesh measurements of 3 to seawater containing fish into a self- allowable percentage. Incidentally 4.75 inches (7.6 to 12.1 cm) that is contained chamber, and a marine caught king or Spanish mackerel are attached to the vessel when deployed. aquarium fish is a Caribbean reef fish counted toward the quotas provided for that is smaller than 5.5 inches (14.0 cm), under § 622.42(c) and are subject to the § 622.42 Quotas. TL. prohibition of sale under Quotas apply for the fishing year for (c) King and Spanish mackerel—(1) § 622.43(a)(3)(iii). each species or species group. Except Prohibited gear. (i) In addition to the (d) South Atlantic snapper-grouper— for the quotas for Gulf and South gear restrictions specified in § 622.31, (1) Authorized gear. Subject to the gear Atlantic coral, the quotas include fishing gear is prohibited for use in the restrictions specified in § 622.31, the species harvested from state waters Gulf, Mid-Atlantic, and South Atlantic following are the only gear types adjoining the EEZ. Quotas for species Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34955 managed under this part are as follows. (i) 432,500 lb (196,179 kg) for vessels octocoral may not be harvested or (See § 622.32 for limitations on taking fishing with hook-and-line gear. possessed in the Gulf or South Atlantic prohibited and limited-harvest species. (ii) 432,500 lb (196,179 kg) for vessels EEZ and the sale or purchase of The limitations in § 622.32 apply fishing with run-around gillnets. allowable octocoral in or from the Gulf without regard to whether the species is (3) The Florida east coast subzone is or South Atlantic EEZ is prohibited. harvested by a vessel operating under a that part of the eastern zone north of (ii) Wild live rock in the Gulf. Wild commercial vessel permit or by a person 25°20.4′ N. lat., which is a line directly live rock may not be harvested or subject to the bag limits.) east from the Dade/Monroe County, FL, possessed in the Gulf EEZ and the sale (a) Gulf reef fish. Quotas apply to boundary, and the Florida west coast or purchase of wild live rock in or from persons who fish under commercial subzone is that part of the eastern zone the Gulf EEZ is prohibited. ° ′ vessel permits for Gulf reef fish, as south and west of 25 20.4 N. lat. (3) King and Spanish mackerel. The required under § 622.4(a)(2)(v). (B) Western zone—0.77 million lb closure provisions of this paragraph (1) Red snapper—3.06 million lb (1.39 (0.35 million kg). (a)(3) do not apply to Atlantic migratory (ii) Atlantic migratory group. The million kg), round weight. group Spanish mackerel, which are quota for the Atlantic migratory group of (2) Deep-water groupers, that is, managed under the commercial trip king mackerel is 2.70 million lb (1.22 yellowedge grouper, misty grouper, limits specified in § 622.44(b) in lieu of million kg). No more than 0.4 million lb warsaw grouper, snowy grouper, the closure provisions of this section. (0.18 million kg) may be harvested by speckled hind, and, after the quota for (i) A person aboard a vessel for which purse seines. a commercial permit for king and shallow-water grouper is reached, (2) Migratory groups of Spanish scamp, combined—1.6 million lb (0.7 Spanish mackerel has been issued, as mackerel—(i) Gulf migratory group. The required under § 622.4(a)(2)(iv), may not million kg), round weight. quota for the Gulf migratory group of (3) Shallow-water groupers, that is, all fish for king or Spanish mackerel in the Spanish mackerel is 4.90 million lb EEZ or retain fish in or from the EEZ groupers other than deep-water groupers (2.22 million kg). and jewfish, including scamp before the under a bag or possession limit (ii) Atlantic migratory group. The specified in § 622.39(c) for the closed quota for shallow-water groupers is quota for the Atlantic migratory group of reached, combined—9.8 million lb (4.4 species, migratory group, zone, subzone, Spanish mackerel is 4.70 million lb or gear type, except as provided for million kg), round weight. (2.13 million kg). (b) Gulf and South Atlantic coral—(1) under paragraph (a)(3)(ii) of this section. (d) Royal red shrimp in the Gulf. The (ii) A person aboard a vessel for Allowable octocoral. The quota for all quota for all persons who harvest royal which the permit indicates both persons who harvest allowable octocoral red shrimp in the Gulf is 392,000 lb commercial king and Spanish mackerel in the Gulf and South Atlantic EEZ is (177.8 mt), tail weight. and charter vessel/headboat for coastal 50,000 colonies. A colony is a (e) South Atlantic snapper-grouper, migratory pelagic fish may continue to continuous group of coral polyps excluding wreckfish. The quotas apply retain fish under a bag and possession forming a single unit. to persons who are not subject to the bag limit specified in § 622.39(c), provided (2) Wild live rock in the Gulf. The limits. (See § 622.39(a)(1) for the vessel is operating as a charter quota for all persons who harvest wild applicability of the bag limits.) (1) Snowy grouper—344,508 lb vessel or headboat. live rock in the Gulf EEZ is 500,000 lb (iii) The sale or purchase of king or (156,266 kg), gutted weight, that is, (226,796 kg). Commencing with the Spanish mackerel of the closed species, eviscerated but otherwise whole. fishing year that begins January 1, 1997, migratory group, zone, subzone, or gear the quota is zero. (2) Golden tilefish—1,001,663 lb (454,347 kg), gutted weight, that is, type is prohibited, including such king (c) King and Spanish mackerel. King or Spanish mackerel taken under the and Spanish mackerel quotas apply to eviscerated but otherwise whole. (f) Wreckfish. The quota for wreckfish bag limits. persons who fish under commercial (4) Royal red shrimp in the Gulf. vessel permits for king and Spanish applies to wreckfish shareholders, or their employees, contractors, or agents, Royal red shrimp in or from the Gulf mackerel, as required under EEZ may not be retained, and the sale § 622.4(a)(2)(iv). A fish is counted and is 2 million lb (907,185 kg), round weight. See § 622.15 for information on or purchase of royal red shrimp taken against the quota for the area where it from the Gulf EEZ is prohibited. is caught when it is first sold. the wreckfish shareholder under the ITQ system. (5) South Atlantic snapper-grouper, (1) Migratory groups of king excluding wreckfish. There are no mackerel—(i) Gulf migratory group. The § 622.43 Closures. closure provisions for South Atlantic quota for the Gulf migratory group of (a) General. When a quota specified in snapper grouper, other than for king mackerel is 2.50 million lb (1.13 § 622.42 is reached, or is projected to be wreckfish. Golden tilefish and snowy million kg). The Gulf migratory group is reached, the Assistant Administrator grouper, for which there are quotas, are divided into eastern and western zones will file a notification to that effect with managed under the commercial trip ° ′ ′′ separated by 87 31 06 W. long., which the Office of the Federal Register. On limits specified in § 622.44(a) in lieu of is a line directly south from the and after the effective date of such the closure provisions of this section. Alabama/Florida boundary. Quotas for notification, for the remainder of the (6) Wreckfish. Wreckfish in or from the eastern and western zones are as fishing year, the following closure the South Atlantic EEZ may not be follows: restrictions apply: retained, and the sale or purchase of (A) Eastern zone—1.73 million lb (1) Gulf reef fish. The bag and wreckfish taken from the South Atlantic (0.78 million kg), which is further possession limits specified in EEZ is prohibited. divided into quotas as follows: § 622.39(b) apply to all harvest in the (b) Exception to prohibition on sale/ (1) Florida east coast subzone— Gulf EEZ of the indicated species, and purchase. (1) The prohibition on sale/ 865,000 lb (392,357 kg). the sale or purchase of the indicated purchase during a closure for Gulf reef (2) Florida west coast subzone— species taken from the Gulf EEZ is fish, king and Spanish mackerel, royal 865,000 lb (392,357 kg), which is further prohibited. red shrimp, or wreckfish in paragraph divided into quotas by gear types as (2) Gulf and South Atlantic coral—(i) (a)(1), (a)(3)(iii), (a)(4), or (a)(6) of this follows: Allowable octocoral. Allowable section does not apply to the indicated 34956 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations species that were harvested, landed endorsement has been issued, as required under § 622.4(a)(2)(iv), in ashore, and bartered, traded, or sold required under § 622.4(a)(2)(ii), from amounts exceeding 3,500 lb (1,588 kg). prior to the effective date of the closure July 1, each fishing year, until a closure (ii) South of 30°42′45.6′′ N. lat., and were held in cold storage by a of the Florida west coast subzone’s Spanish mackerel in or from the EEZ dealer or processor. fishery for vessels fishing with run- may not be possessed on board or (2) The prohibition on sale/purchase around gillnets has been effected under landed in a day from a vessel for which during a closure for allowable octocoral § 622.43(a)—in amounts not exceeding a permit for king and Spanish mackerel or wild live rock in paragraph (a)(2)(i) 25,000 lb (11,340 kg) per day. has been issued, as required under or (a)(2)(ii) of this section does not (B) In the Florida west coast subzone: § 622.4(a)(2)(iv)— apply to allowable octocoral or wild live (1) King mackerel in or from the EEZ (A) From April 1 through November rock that was harvested and landed may be possessed on board or landed 30, in amounts exceeding 1,500 lb (680 ashore prior to the effective date of the from a vessel that uses or has on board kg). closure. a run-around gillnet on a trip only when (B) From December 1 until 75 percent such vessel has on board a commercial of the adjusted quota is taken, in § 622.44 Commercial trip limits. permit for king and Spanish mackerel amounts as follows: Commercial trip limits are limits on with a gillnet endorsement. (1) Mondays, Wednesdays, and the amount of the applicable species (2) King mackerel from the west coast Fridays—unlimited. that may be possessed on board or subzone landed by a vessel for which (2) Tuesdays and Thursdays—not landed, purchased, or sold from a vessel such commercial permit with exceeding 1,500 lb (680 kg). per day. A person who fishes in the EEZ endorsement has been issued will be (3) Saturdays and Sundays—not may not combine a trip limit specified counted against the run-around gillnet exceeding 500 lb (227 kg). in this section with any trip or quota of § 622.42(c)(1)(i)(A)(2)(ii). (C) After 75 percent of the adjusted possession limit applicable to state (3) King mackerel in or from the EEZ quota is taken until 100 percent of the waters. A species subject to a trip limit harvested with gear other than run- adjusted quota is taken, in amounts not specified in this section taken in the around gillnet may not be retained on exceeding 1,000 lb (454 kg). EEZ may not be transferred at sea, board a vessel for which such (D) After 100 percent of the adjusted regardless of where such transfer takes commercial permit with endorsement quota is taken through the end of the place, and such species may not be has been issued. fishing year, in amounts not exceeding transferred in the EEZ. For fisheries (ii) Hook-and-line gear. In the Florida 500 lb (227 kg). governed by this part, commercial trip west coast subzone, king mackerel in or (2) For the purpose of paragraph limits apply as follows: from the EEZ may be possessed on (b)(1)(ii) of this section, the adjusted (a) King mackerel. Commercial trip board or landed from a vessel with a quota is 4.45 million lb (2.02 million limits are established for Gulf migratory commercial permit for king and Spanish kg). The adjusted quota is the quota for group king mackerel in the eastern zone mackerel, as required by Atlantic migratory group Spanish as follows. (See § 622.42(c)(1)(i) for § 622.4(a)(2)(iv), and operating under mackerel reduced by an amount specification of the eastern zone and the hook-and-line gear quota in calculated to allow continued harvests § 622.42(c)(1)(i)(A)(3) for specifications § 622.42(c)(1)(i)(A)(2)(i): of Atlantic migratory group Spanish of the subzones in the eastern zone.) (A) From July 1, each fishing year, mackerel at the rate of 500 lb (227 kg) (1) Florida east coast subzone. In the until 75 percent of the subzone’s hook- per vessel per day for the remainder of Florida east coast subzone, king and-line gear quota has been the fishing year after the adjusted quota mackerel in or from the EEZ may be harvested—in amounts not exceeding is reached. By filing a notification with possessed on board or landed from a 125 king mackerel per day. the Office of the Federal Register, the vessel for which a commercial permit (B) From the date that 75 percent of Assistant Administrator will announce for king and Spanish mackerel has been the subzone’s hook-and-line gear quota when 75 percent and 100 percent of the issued, as required under has been harvested until a closure of the adjusted quota is reached or is projected § 622.4(a)(2)(iv)— west coast subzone’s hook-and-line to be reached. (i) From November 1, each fishing fishery has been effected under (3) For the purpose of paragraph year, until 75 percent of the subzone’s § 622.43(a)—in amounts not exceeding (b)(1)(ii) of this section, a day starts at fishing year quota of king mackerel has 50 king mackerel per day. 6 a.m., local time, and extends for 24 been harvested—in amounts not (3) Notice of trip limit changes. The hours. If a vessel terminates a trip prior exceeding 50 king mackerel per day. Assistant Administrator, by filing a to 6 a.m., but retains Spanish mackerel (ii) From the date that 75 percent of notification of trip limit change with the on board after that time, the Spanish the subzone’s fishing year quota of king Office of the Federal Register, will effect mackerel retained on board will not be mackerel has been harvested until a the trip limit changes specified in considered in possession during the closure of the Florida east coast subzone paragraphs (a)(1) and (a)(2)(ii) of this succeeding day, provided the vessel is has been effected under § 622.43(a)—in section when the requisite harvest level not underway between 6 a.m. and the amounts not exceeding 25 king has been reached or is projected to be time such Spanish mackerel are mackerel per day. However, if 75 reached. unloaded, and provided such Spanish percent of the subzone’s quota has not (b) Spanish mackerel. (1) Commercial mackerel are unloaded prior to 6 p.m. been harvested by March 1, the vessel trip limits are established for Atlantic (c) Golden tilefish and snowy grouper. limit remains at 50 king mackerel per migratory group Spanish mackerel as A person who fishes in the South day until the subzone’s quota is filled or follows: Atlantic EEZ on a trip and who is not until March 31, whichever occurs first. (i) North of 30°42′45.6′′ N. lat., which subject to the bag limits may not exceed (2) Florida west coast subzone—(i) is a line directly east from the Georgia/ the following trip limits. (See Gillnet gear. (A) In the Florida west Florida boundary, Spanish mackerel in § 622.39(a) for applicability of the bag coast subzone, king mackerel in or from or from the EEZ may not be possessed limits.) the EEZ may be possessed on board or on board or landed in a day from a (1) Golden tilefish (round weight or landed from a vessel for which a vessel for which a permit for king and gutted weight, that is, eviscerated but commercial permit with a gillnet Spanish mackerel has been issued, as otherwise whole): Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34957

(i) Until the fishing year quota that does not have a valid commercial (c) In accordance with the procedures specified in § 622.42(e)(2) is reached, permit for Gulf reef fish, as required and restrictions of the FMP for Coastal 5,000 lb (2,268 kg). under § 622.4(a)(2)(v), or a Gulf reef fish Migratory Pelagic Resources, when the (ii) After the fishing year quota possessed under the bag limits specified RD determines that a conflict exists in specified in § 622.42(e)(2) is reached, in § 622.39(b), may not be sold or the king mackerel fishery between hook- 300 lb (136 kg). purchased. and-line and gillnet fishermen in the (2) Snowy grouper (round weight or (2) A Gulf reef fish harvested on board South Atlantic EEZ off the east coast of gutted weight, that is, eviscerated but a vessel that has a valid commercial Florida between 27°00.6′ N. lat. and otherwise whole): permit for Gulf reef fish may be sold 27°50.0′ N. lat., the RD may prohibit or (i) Until the fishing year quota only to a dealer who has a valid permit restrict the use of hook-and-line and/or specified in § 622.42(e)(1) is reached, for Gulf reef fish, as required under gillnets in all or a portion of that area. 2,500 lb (1,134 kg). § 622.4(a)(4). Necessary prohibitions or restrictions (ii) After the fishing year quota (3) A Gulf reef fish harvested in the will be published in the Federal specified in § 622.42(e)(1) is reached, EEZ may be purchased by a dealer who Register. 300 lb (136 kg). has a valid permit for Gulf reef fish, as (d) Gulf wild live rock. Until the quota required under § 622.4(a)(4), only from § 622.47 Gulf groundfish trawl fishery. for wild live rock from the Gulf EEZ is a vessel that has a valid commercial Gulf groundfish trawl fishery means reached in 1996, a daily vessel limit of permit for Gulf reef fish. fishing in the Gulf EEZ by a vessel that twenty-five 5-gallon (19–L) buckets, or (d) South Atlantic snapper-grouper. uses a bottom trawl, the unsorted catch volume equivalent (16.88 ft3 (478.0 L)), (1) A person may sell South Atlantic of which is ground up for animal feed applies to the harvest or possession of snapper-grouper harvested in the EEZ or industrial products. wild live rock in or from the Gulf EEZ, only to a dealer who has a valid permit (a) Other provisions of this part regardless of the number or duration of for South Atlantic snapper-grouper, as notwithstanding, the owner or operator trips. required under § 622.4(a)(4). of a vessel in the Gulf groundfish trawl (2) A person may purchase South fishery is exempt from the following § 622.45 Restrictions on sale/purchase. Atlantic snapper-grouper harvested in requirements and limitations for the In addition to restrictions on sale/ the EEZ only from a vessel that has a vessel’s unsorted catch of Gulf reef fish: purchase related to closures, as valid commercial permit for South (1) The requirement for a valid specified in § 622.43 (a) and (b), Atlantic snapper-grouper, as required commercial vessel permit for Gulf reef restrictions on sale and/or purchase under § 622.4(a)(2)(iv), or from a person fish in order to sell Gulf reef fish. apply as follows. who has a valid commercial license to (2) Minimum size limits for Gulf reef (a) Caribbean coral reef resource. (1) sell fish in the state where the purchase fish. No person may sell or purchase a occurs. (3) Bag limits for Gulf reef fish. Caribbean prohibited coral harvested in (3) Except for the sale or purchase of (4) The prohibition on sale of Gulf the Caribbean EEZ. South Atlantic snapper-grouper reef fish after a quota closure. (2) A Caribbean prohibited coral that harvested by a vessel that has a valid (b) Other provisions of this part is sold in Puerto Rico or the U.S. Virgin commercial permit for South Atlantic notwithstanding, a dealer in a Gulf state Islands will be presumed to have been snapper-grouper, the sale or purchase of is exempt from the requirement for a harvested in the Caribbean EEZ, unless such fish is limited to the bag limits dealer permit for Gulf reef fish to it is accompanied by documentation specified in § 622.39(d)(1). receive Gulf reef fish harvested from the showing that it was harvested (4) A warsaw grouper or speckled Gulf EEZ by a vessel in the Gulf elsewhere. Such documentation must hind in or from the South Atlantic EEZ groundfish trawl fishery. contain: may not be sold or purchased. (i) The information specified in (e) South Atlantic wild live rock. Wild § 622.48 Adjustment of management subpart K of part 300 of this title for live rock in or from the South Atlantic measures. marking containers or packages of fish EEZ may not be sold or purchased. The In accordance with the framework or wildlife that are imported, exported, prohibition on sale or purchase does not procedures of the applicable FMPs, the or transported in interstate commerce. apply to wild live rock that was RD may establish or modify the (ii) The name and home port of the harvested and landed prior to January 1, following management measures: vessel, or the name and address of the 1996. (a) Caribbean coral reef resources. individual, harvesting the Caribbean Species for which management prohibited coral. § 622.46 Prevention of gear conflicts. measures may be specified; prohibited (iii) The port and date of landing the (a) No person may knowingly place in species; harvest limitations, including Caribbean prohibited coral. the Gulf EEZ any article, including quotas, trip, or daily landing limits; gear (iv) A statement signed by the person fishing gear, that interferes with fishing restrictions; closed seasons or areas; and selling the Caribbean prohibited coral or obstructs or damages fishing gear or marine conservation districts. attesting that, to the best of his or her the fishing vessel of another; or (b) Caribbean reef fish. Size limits, knowledge, information, and belief, knowingly use fishing gear in such a closed seasons or areas, fish trap mesh such Caribbean prohibited coral was fashion that it obstructs or damages the size, and the threshold level for harvested other than in the Caribbean fishing gear or fishing vessel of another. overfishing. EEZ or the waters of Puerto Rico or the (b) In accordance with the procedures (c) Coastal migratory pelagic fish. For U.S. Virgin Islands. and restrictions of the FMP for the cobia or for migratory groups of king or (b) Caribbean reef fish. A live red Shrimp Fishery of the Gulf of Mexico, Spanish mackerel: MSY, TAC, quotas, hind or live mutton snapper in or from the RD may modify or establish bag limits, size limits, vessel trip limits, the Caribbean EEZ may not be sold or separation zones for shrimp trawling closed seasons or areas, gear purchased and used in the marine and the use of fixed gear to prevent gear restrictions, and initial permit aquarium trade. conflicts. Necessary prohibitions or requirements. (c) Gulf reef fish. (1) A Gulf reef fish restrictions will be published in the (d) Gulf reef fish. (1) For species or harvested in the EEZ on board a vessel Federal Register. species groups: Target dates for 34958 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations rebuilding overfished species, TAC, bag E. succinea, Shelf-knob sea rod Phyllangia americana, Hidden cup coral limits, size limits, vessel trip limits, E. touneforti Family Siderastreidae closed seasons or areas, gear Muricea atlantica Siderastrea radians, Lesser starlet restrictions, and quotas. M. elongata, Orange spiny rod S. siderea, Massive starlet (2) SMZs and the gear restrictions M. laxa, Delicate spiny rod 4. Black Corals—Order Antipatharia M. muricata, Spiny sea fan Antipathes spp., Bushy black coral applicable in each. M. pinnata, Long spine sea fan Stichopathes spp., Wire coral (e) Gulf royal red shrimp. MSY, OY, Muriceopsis sp. 5. Anemones—Order Actiniaria and TAC. M. flavida, Rough sea plume Aiptasia tagetes, Pale anemone (f) South Atlantic snapper-grouper M. sulphurea Bartholomea annulata, Corkscrew and wreckfish. For species or species Plexaura flexuosa, Bent sea rod anemone groups: Target dates for rebuilding P. homomalla, Black sea rod Condylactis gigantea, Giant pink-tipped overfished species, MSY, ABC, TAC, Plexaurella dichotoma, Slit-pore sea rod anemone quotas, trip limits, bag limits, minimum P. fusifera Hereractis lucida, Knobby anemone sizes, gear restrictions (ranging from P. grandiflora Lebrunia spp., Staghorn anemone P. grisea Stichodactyla helianthus, Sun anemone regulation to complete prohibition), and P. nutans, Giant slit-pore 6. Colonial Anemones—Order Zoanthidea seasonal or area closures. Pseudoplexaura crucis Zoanthus spp., Sea mat Appendix A to Part 622—Species P. flagellosa 7. False Corals—Order Corallimorpharia Tables P. porosa, Porous sea rod Discosoma spp. (formerly Rhodactis), False P. wagenaari coral Table 1 of Appendix A to Part 622— 3. Hard Corals—Order Scleractinia Ricordia florida, Florida false coral Caribbean Coral Reef Resources Family Acroporidae III. Annelid Worms—Phylum Annelida I. Sponges—Phylum Porifera Acropora cervicornis, Staghorn coral A. Polychaetes—Class Polychaeta A. Demosponges—Class Demospongiae A. palmata, Elkhorn coral Family Sabellidae, Feather duster worms Aphimedon compressa, Erect rope sponge A. prolifera, Fused staghorn Sabellastarte spp., Tube worms Chondrilla nucula, Chicken liver sponge Family Agaricidae S. magnifica, Magnificent duster Cynachirella alloclada Agaricia agaricities, Lettuce leaf coral Family Serpulidae Geodia neptuni, Potato sponge A. fragilis, Fragile saucer Spirobranchus giganteus, Christmas tree Haliclona sp., Finger sponge A. lamarcki, Lamarck’s sheet worm Myriastra sp. A. tenuifolia, Thin leaf lettuce IV. Mollusks—Phylum Mollusca Niphates digitalis, Pink vase sponge Leptoseris cucullata, Sunray lettuce A. Gastropods—Class Gastropoda N. erecta, Lavender rope sponge Family Astrocoeniidae Family Elysiidae Spinosella policifera Stephanocoenia michelinii, Blushing star Tridachia crispata, Lettuce sea slug S. vaginalis Family Caryophyllidae Family Olividae Tethya crypta Eusmilia fastigiata, Flower coral Oliva reticularis, Netted olive II. Coelenterates—Phylum Coelenterata Tubastrea aurea, Cup coral Family Ovulidae A. Hydrocorals—Class Hydrozoa Family Faviidae Cyphoma gibbosum, Flamingo tongue 1. Hydroids—Order Athecatae Cladocora arbuscula, Tube coral Family Ranellidae Family Milleporidae Colpophyllia natans, Boulder coral Charonia tritonis, Atlantic triton trumpet Millepora spp., Fire corals Diploria clivosa, Knobby brain coral Family Strombidae, Winged conchs Family Stylasteridae D. labyrinthiformis, Grooved brain Strombus spp. (except Queen conch, S. Stylaster roseus, Rose lace corals D. strigosa, Symmetrical brain gigas) B. Anthozoans—Class Anthozoa Favia fragum, Golfball coral B. Bivalves—Class Bivalvia 1. Soft corals—Order Alcyonacea Manicina areolata, Rose coral Family Limidae Family Anthothelidae M. mayori, Tortugas rose coral Lima spp., Fileclams Erythropodium caribaeorum, Encrusting Montastrea annularis, Boulder star coral L. scabra, Rough fileclam gorgonian M. cavernosa, Great star coral Family Spondylidae Iciligorgia schrammi, Deepwater sea fan Solenastrea bournoni, Smooth star coral Spondylus americanus, Atlantic thorny Family Briaridae Family Meandrinidae oyster Briareum asbestinum, Corky sea finger Dendrogyra cylindrus, Pillar coral C. Cephalopods—Class Cephalopoda Family Clavulariidae Dichocoenia stellaris, Pancake star 1. Octopuses—Order Octopoda Carijoa riisei D. stokesi, Elliptical star Family Octopodidae Telesto spp. Meandrina meandrites, Maze coral Octopus spp. (except the Common octopus, 2. Gorgonian corals—Order Gorgonacea Family Mussidae O. vulgaris) Family Ellisellidae Isophyllastrea rigida, Rough star coral V. Arthropods—Phylum Arthropoda Ellisella spp., Sea whips Isophyllia sinuosa, Sinuous cactus A. Crustaceans—Subphylum Crustacea Family Gorgoniidae Mussa angulosa, Large flower coral 1. Decapods—Order Decapoda Gorgonia flabellum, Venus sea fan Mycetophyllia aliciae, Thin fungus coral Family Alpheidae G. mariae, Wide-mesh sea fan M. danae, Fat fungus coral Alpheaus armatus, Snapping shrimp G. ventalina, Common sea fan M. ferox, Grooved fungus Family Diogenidae Pseudopterogorgia acerosa, Sea plume M. lamarckiana, Fungus coral Paguristes spp., Hermit crabs P. albatrossae Scolymia cubensis, Artichoke coral P. cadenati, Red reef hermit P. americana, Slimy sea plume S. lacera, Solitary disk Family Grapsidae P. bipinnata, Bipinnate plume Family Oculinidae Percnon gibbesi, Nimble spray crab P. rigida Oculina diffusa, Ivory bush coral Family Hippolytidae Pterogorgia anceps, Angular sea whip Family Pocilloporidae Lysmata spp., Peppermint shrimp P. citrina, Yellow sea whip Madracis decactis, Ten-ray star coral Thor amboinensis, Anemone shrimp Family Plexauridae M. mirabilis, Yellow pencil Family Majidae, Coral crabs Eunicea calyculata, Warty sea rod Family Poritidae Mithrax spp., Clinging crabs E. clavigera Porites astreoides, Mustard hill coral M. cinctimanus, Banded clinging E. fusca, Doughnut sea rod P. branneri, Blue crust coral M. sculptus, Green clinging E. knighti P. divaricata, Small finger coral Stenorhynchus seticornis, Yellowline E. laciniata P. porites, Finger coral arrow E. laxispica Family Rhizangiidae Family Palaemonida E. mammosa, Swollen-knob Astrangia solitaria, Dwarf cup coral Periclimenes spp., Cleaner shrimp Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34959

Family Squillidae, Mantis crabs Black jack, Caranx lugubris Yellowhead jawfish, Opistognathus Gonodactylus spp. Bar jack, Caranx ruber aurifrons Lysiosquilla spp. Greater amberjack, Seriola dumerili Dusky jawfish, Opistognathus whitehursti Family Stenopodidae, Coral shrimp Almaco jack, Seriola rivoliana Ostraciidae—Boxfishes Stenopus hispidus, Banded shrimp Chaetodontidae—Butterflyfishes Spotted trunkfish, Lactophrys bicaudalis S. scutellatus, Golden shrimp Longsnout butterflyfish, Chaetodon Honeycomb cowfish, Lactophrys polygonia VI. Bryozoans—Phylum Bryozoa aculeatus Scrawled cowfish, Lactophrys quadricornis VII. Echinoderms—Phylum Echinodermata Foureye butterflyfish, Chaetodon Trunkfish, Lactophrys trigonus A. Feather stars—Class Crinoidea capistratus Smooth trunkfish, Lactophrys triqueter Analcidometra armata, Swimming crinoid Spotfin butterflyfish, Chaetodon ocellatus Pomacanthidae—Angelfishes Davidaster spp., Crinoids Banded butterflyfish, Chaetodon striatus Cherubfish, Centropyge argi Nemaster spp., Crinoids Cirrhitidae—Hawkfishes Queen angelfish, Holacanthus ciliaris B. Sea stars—Class Asteroidea Redspotted hawkfish, Amblycirrhitus pinos Rock beauty, Holacanthus tricolor Astropecten spp., Sand stars Dactylopteridae—Flying gurnards Gray angelfish, Pomacanthus arcuatus Linckia guildingii, Common comet star Flying gurnard, Dactylopterus volitans French angelfish, Pomacanthus paru Ophidiaster guildingii, Comet star Ephippidae—Spadefishes Pomacentridae—Damselfishes Oreaster reticulatus, Cushion sea star Atlantic spadefish, Chaetodipterus faber Sergeant major, Abudefduf saxatilis C. Brittle and basket stars—Class Gobiidae—Gobies Blue chromis, Chromis cyanea Ophiuroidea Neon goby, Gobiosoma oceanops Sunshinefish, Chromis insolata Astrophyton muricatum, Giant basket star Rusty goby, Priolepis hipoliti Yellowtail damselfish, Microspathodon Ophiocoma spp., Brittlestars Grammatidae—Basslets chrysurus Ophioderma spp., Brittlestars Royal gramma, Gramma loreto Dusky damselfish, Pomacentrus fuscus O. rubicundum, Ruby brittlestar Haemulidae—Grunts Beaugregory, Pomacentrus leucostictus D. Sea Urchins—Class Echinoidea Porkfish, Anisotremus virginicus Bicolor damselfish, Pomacentrus partitus Diadema antillarum, Long-spined urchin Margate, Haemulon album Threespot damselfish, Pomacentrus Tomtate, Haemulon aurolineatum Echinometra spp., Purple urchin planifrons French grunt, Haemulon flavolineatum Priacanthidae—Bigeyes Eucidaris tribuloides, Pencil urchin White grunt, Haemulon plumieri Bigeye, Priacanthus arenatus Lytechinus spp., Pin cushion urchin Bluestriped grunt, Haemulon sciurus Glasseye snapper, Priacanthus cruentatus Tripneustes ventricosus, Sea egg Holocentridae—Squirrelfishes Scaridae—Parrotfishes E. Sea Cucumbers—Class Holothuroidea Squirrelfish, Holocentrus adscensionis Midnight parrotfish, Scarus coelestinus Holothuria spp., Sea cucumbers Longspine squirrelfish, Holocentrus rufus Blue parrotfish, Scarus coeruleus VIII. Chordates—Phylum Chordata Blackbar soldierfish, Myripristis jacobus Striped parrotfish, Scarus croicensis A. Tunicates—Subphylum Urochordata Cardinal soldierfish, Plectrypops Rainbow parrotfish, Scarus guacamaia IX. Green Algae—Phylum Chlorophyta retrospinis Princess parrotfish, Scarus taeniopterus Caulerpa spp., Green grape algae Labridae—Wrasses Queen parrotfish, Scarus vetula Halimeda spp., Watercress algae Spanish hogfish, Bodianus rufus Redband parrotfish, Sparisoma Penicillus spp., Neptune’s brush Creole wrasse, Clepticus parrae aurofrenatum Udotea spp., Mermaid’s fan Yellowcheek wrasse, Halichoeres Redtail parrotfish, Sparisoma Ventricaria ventricosa, Sea pearls cyanocephalus chrysopterum X. Red Algae—Phylum Rhodophyta Yellowhead wrasse, Halichoeres garnoti Redfin parrotfish, Sparisoma rubripinne XI. Sea grasses—Phylum Angiospermae Clown wrasse, Halichoeres maculipinna Stoplight parrotfish, Sparisoma viride Halodule wrightii, Shoal grass Puddingwife, Halichoeres radiatus Sciaenidae—Drums Halophila spp., Sea vines Pearly razorfish, Hemipteronotus novacula High-hat, Equetus acuminatus Ruppia maritima, Widgeon grass Green razorfish, Hemipteronotus splendens Jackknife-fish, Equetus lanceolatus Syringodium filiforme, Manatee grass Hogfish, Lachnolaimus maximus Spotted drum, Equetus punctatus Thalassia testudium, Turtle grass Bluehead wrasse, Thalassoma bifasciatum Scorpaenidae—Scorpionfishes Table 2 of Appendix A to Part 622— Lutjanidae—Snappers Serranidae—Sea basses Caribbean Reef Fish Black snapper, Apsilus dentatus Rock hind, Epinephelus adscensionis Queen snapper, Etelis oculatus Graysby, Epinephelus cruentatus Acanthuridae—Surgeonfishes Mutton snapper, Lutjanus analis Yellowedge grouper, Epinephelus Ocean surgeonfish, Acanthurus bahianus Schoolmaster, Lutjanus apodus flavolimbatus Doctorfish, Acanthurus chirurgus Blackfin snapper, Lutjanus buccanella Coney, Epinephelus fulvus Blue tang, Acanthurus coeruleus Gray snapper, Lutjanus griseus Red hind, Epinephelus guttatus Antennariidae—Frogfishes Dog snapper, Lutjanus jocu Jewfish, Epinephelus itajara Frogfish, Antennarius spp. Mahogany snapper, Lutjanus mahogani Red grouper, Epinephelus morio Apogonidae—Cardinalfishes Lane snapper, Lutjanus synagris Misty grouper, Epinephelus mystacinus Flamefish, Apogon maculatus Silk snapper, Lutjanus vivanus Nassau Grouper, Epinephelus striatus Conchfish, Astrapogen stellatus Yellowtail snapper, Ocyurus chrysurus Butter hamlet, Hypoplectrus unicolor Aulostomidae—Trumpetfishes Wenchman, Pristipomoides aquilonaris Swissguard basslet, Liopropoma rubre Trumpetfish, Aulostomus maculatus Vermilion snapper, Rhomboplites Yellowfin grouper, Mycteroperca venenosa Balistidae—Leatherjackets aurorubens Tiger grouper, Mycteroperca tigris Scrawled filefish, Aluterus scriptus Malacanthidae—Tilefishes Creole-fish, Paranthias furcifer Queen triggerfish, Balistes vetula Blackline tilefish, Caulolatilus cyanops Greater soapfish, Rypticus saponaceus Whitespotted filefish, Cantherhines Sand tilefish, Malacanthus plumieri Orangeback bass, Serranus annularis macrocerus Mullidae—Goatfishes Lantern bass, Serranus baldwini Ocean triggerfish, Canthidermis sufflamen Yellow goatfish, Mulloidichthys martinicus Tobaccofish, Serranus tabacarius Black durgon, Melichthys niger Spotted goatfish, Pseudupeneus maculatus Harlequin bass, Serranus tigrinus Sargassum triggerfish, Xanthichthys rigens Muraenidae—Morays Chalk bass, Serranus tortugarum Blenniidae—Combtooth blennies Chain moray, Echidna catenata Soleidae—Soles Redlip blenny, Ophioblennius atlanticus Green moray, Gymnothorax funebris Caribbean tonguefish, Symphurus arawak Bothidae—Lefteye flounders Goldentail moray, Gymnothorax miliaris Sparidae—Porgies Peacock flounder, Bothus lunatus Ogcocephalidae—Batfishes Sea bream, Archosargus rhomboidalis Carangidae—Jacks Batfish, Ogcocepahalus spp. Jolthead porgy, Calamus bajonado Yellow jack, Caranx bartholomaei Ophichthidae—Snake eels Sheepshead porgy, Calamus penna Blue runner, Caranx crysos Goldspotted eel, Myrichthys ocellatus Pluma, Calamus pennatula Horse-eye jack, Caranx latus Opistognathidae—Jawfishes Syngnathidae—Pipefishes 34960 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Seahorses, Hippocampus spp. Red hind, Epinephelus guttatus Mutton snapper, Lutjanus analis Pipefishes, Syngnathus spp. Jewfish, Epinephelus itajara Schoolmaster, Lutjanus apodus Synodontidae—Lizardfishes Red grouper, Epinephelus morio Blackfin snapper, Lutjanus buccanella Sand diver, Synodus intermedius Misty grouper, Epinephelus mystacinus Red snapper, Lutjanus campechanus Tetraodontidae—Puffers Warsaw grouper, Epinephelus nigritus Cubera snapper, Lutjanus cyanopterus Sharpnose puffer, Canthigaster rostrata Snowy grouper, Epinephelus niveatus Gray snapper, Lutjanus griseus Porcupinefish, Diodon hystrix Nassau grouper, Epinephelus striatus Mahogany snapper, Lutjanus mahogoni Black grouper, Mycteroperca bonaci Dog snapper, Lutjanus jocu Table 3 of Appendix A to Part 622—Gulf Yellowmouth grouper, Mycteroperca Reef Fish Lane snapper, Lutjanus synagris interstitialis Silk snapper, Lutjanus vivanus Balistidae—Triggerfishes Gag, Mycteroperca microlepis Yellowtail snapper, Ocyurus chrysurus Gray triggerfish, Balistes capriscus Scamp, Mycteroperca phenax Vermilion snapper, Rhomboplites Queen triggerfish, Balistes vetula Yellowfin grouper, Mycteroperca venenosa aurorubens Carangidae—Jacks Sparidae—Porgies Malacanthidae—Tilefishes Greater amberjack, Seriola dumerili Grass porgy, Calamus arctifrons Lesser amberjack, Seriola fasciata Jolthead porgy, Calamus bajonado Blueline tilefish, Caulolatilus microps Almaco jack, Seriola rivoliana Knobbed porgy, Calamus nodosus Golden tilefish, Lopholatilus Banded rudderfish, Seriola zonata Littlehead porgy, Calamus proridens chamaeleonticeps Haemulidae—Grunts Pinfish, Lagodon rhomboides Sand tilefish, Malacanthus plumieri Tomtate, Haemulon aurolineatum Red porgy, Pagrus Percichthyidae—Temperate basses White grunt, Haemulon plumieri Wreckfish, Polyprion americanus Pigfish, Orthopristis chrysoptera Table 4 of Appendix A to Part 622—South Serranidae—Sea Basses and Groupers Labridae—Wrasses Atlantic Snapper-Grouper Bank sea bass, Centropristis ocyurus Hogfish, Lachnolaimus maximus Balistidae—Triggerfishes Rock sea bass, Centropristis philadelphica Lutjanidae—Snappers Gray triggerfish, Balistes capriscus Black sea bass, Centropristis striata Queen snapper, Etelis oculatus Queen triggerfish, Balistes vetula Rock hind, Epinephelus adscensionis Mutton snapper, Lutjanus analis Ocean triggerfish, Canthidermis sufflamen Graysby, Epinephelus cruentatus Schoolmaster, Lutjanus apodus Carangidae—Jacks Speckled hind, Epinephelus Blackfin snapper, Lutjanus buccanella Yellow jack, Caranx bartholomaei drummondhayi Red snapper, Lutjanus campechanus Blue runner, Caranx crysos Yellowedge grouper, Epinephelus Cubera snapper, Lutjanus cyanopterus Crevalle jack, Caranx hippos flavolimbatus Gray (mangrove) snapper, Lutjanus griseus Bar jack, Caranx ruber Coney, Epinephelus fulvus Dog snapper, Lutjanus jocu Greater amberjack, Seriola dumerili Red hind, Epinephelus guttatus Mahogany snapper, Lutjanus mahogoni Lesser amberjack, Seriola fasciata Jewfish, Epinephelus itajara Lane snapper, Lutjanus synagris Almaco jack, Seriola rivoliana Red grouper, Epinephelus morio Silk snapper, Lutjanus vivanus Banded rudderfish, Seriola zonata Misty grouper, Epinephelus mystacinus Yellowtail snapper, Ocyurus chrysurus Ephippidae—Spadefishes Warsaw grouper, Epinephelus nigritus Wenchman, Pristipomoides aquilonaris Spadefish, Chaetodipterus faber Snowy grouper, Epinephelus niveatus Vermilion snapper, Rhomboplites Haemulidae—Grunts Nassau grouper, Epinephelus striatus aurorubens Black margate, Anisotremus surinamensis Black grouper, Mycteroperca bonaci Malacanthidae—Tilefishes Porkfish, Anisotremus virginicus Yellowmouth grouper, Mycteroperca Goldface tilefish, Caulolatilus chrysops Margate, Haemulon album interstitialis Blackline tilefish, Caulolatilus cyanops Tomtate, Haemulon aurolineatum Anchor tilefish, Caulolatilus intermedius Smallmouth grunt, Haemulon Gag, Mycteroperca microlepis Blueline tilefish, Caulolatilus microps chrysargyreum Scamp, Mycteroperca phenax Tilefish, Lopholatilus chamaeleonticeps French grunt, Haemulon flavolineatum Tiger grouper, Mycteroperca tigris Serranidae—Sea Basses and Groupers Spanish grunt, Haemulon macrostomum Yellowfin grouper, Mycteroperca venenosa Bank sea bass, Centropristis ocyurus Cottonwick, Haemulon melanurum Sparidae—Porgies Rock sea bass, Centropristis philadelphica Sailors choice, Haemulon parrai Sheepshead, Archosargus probatocephalus Black sea bass, Centropristis striata White grunt, Haemulon plumieri Grass porgy, Calamus arctifrons Dwarf sand perch, Diplectrum bivittatum Blue stripe grunt, Haemulon sciurus Jolthead porgy, Calamus bajonado Sand perch, Diplectrum formosum Labridae—Wrasses Saucereye porgy, Calamus Rock hind, Epinephelus adscensionis Hogfish, Lachnolaimus maximus Whitebone porgy, Calamus leucosteus Speckled hind, Epinephelus Puddingwife, Halichoeres radiatus Knobbed porgy, Calamus nodosus drummondhayi Lutjanidae—Snappers Red porgy, Pagrus Yellowedge grouper, Epinephelus Black snapper, Apsilus dentatus Longspine porgy, Stenotomus caprinus flavolimbatus Queen snapper, Etelis oculatus Scup, Stenotomus chrysops

Appendix B to Part 622—Gulf Areas

TABLE 1 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREA

Point No. and reference location 1 North lat. West long.

1 Seaward limit of Florida's waters north of Dry Tortugas ...... 24°48.0′ 82°48.0′ 2 North of Rebecca Shoal ...... 25°07.5′ 82°34.0′ 3 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 4 West of Egmont Key ...... 27°30.0′ 83°21.5′ 5 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 6 Southeast corner of Florida Middle Ground ...... 28°11.0′ 84°00.0′ 7 Southwest corner of Florida Middle Ground ...... 28°11.0′ 84°07.0′ 8 West corner of Florida Middle Ground ...... 28°26.6′ 84°24.8′ 9 Northwest corner of Florida Middle Ground ...... 28°42.5′ 84°24.8′ 10 South of Carrabelle ...... 29°05.0′ 84°47.0′ 11 South of Cape St. George ...... 29°02.5′ 85°09.0′ 12 South of Cape San Blas lighted bell buoyÐ20 fathoms ...... 29°21.0′ 85°30.0′ Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34961

TABLE 1 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREAÐ Continued

Point No. and reference location 1 North lat. West long.

13 South of Cape San Blas lighted bell buoyÐ50 fathoms ...... 28°58.7′ 85°30.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Pensacola ...... 29°46.0′ 87°19.0′ 16 South of Perdido Bay ...... 29°29.0′ 87°27.5′ 17 East of North Pass of the Mississippi River ...... 29°14.5′ 88°28.0′ 18 South of Southwest Pass of the Mississippi River ...... 28°46.5′ 89°26.0′ 19 Northwest tip of Mississippi Canyon ...... 28°38.5′ 90°08.5′ 20 West side of Mississippi Canyon ...... 28°34.5′ 89°59.5′ 21 South of Timbalier Bay ...... 28°22.5′ 90°02.5′ 22 South of Terrebonne Bay ...... 28°10.5′ 90°31.5′ 23 South of Freeport ...... 27°58.0′ 95°00.0′ 24 Off Matagorda Island ...... 27°43.0′ 96°02.0′ 25 Off Aransas Pass ...... 27°30.0′ 96°23.5′ 26 Northeast of Port Mansfield ...... 27°00.0′ 96°39.0′ 27 East of Port Mansfield ...... 26°44.0′ 96°37.5′ 28 Northeast of Port Isabel ...... 26°22.0′ 96°21.0′ 29 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°24.5′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' waters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

TABLE 2 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE STRESSED AREA

Point No. and reference location 1 North lat. West long.

1 Seaward limit of Florida's waters northeast of Dry Tortugas ...... 24°45.5′ 82°41.5′ 2 North of Marquesas Keys ...... 24°48.0′ 82°06.5′ 3 Off Cape Sable ...... 25°15.0′ 82°02.0′ 4 Off Sanibel IslandÐInshore ...... 26°26.0′ 82°29.0′ 5 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 6 West of Egmont Key ...... 27°30.0′ 83°21.5′ 7 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 8 Off Anclote KeysÐInshore ...... 28°10.0′ 83°14.0′ 9 Off Deadman Bay ...... 29°38.0′ 84°00.0′ 10 Seaward limit of Florida's waters east of Cape St. George ...... 29°35.5′ 84°38.6′ Thence westerly along the seaward limit of Florida's waters to: 11 Seaward limit of Florida's waters south of Cape San Blas ...... 29°32.2′ 85°27.1′ 12 Southwest of Cape San Blas ...... 29°30.5′ 85°52.0′ 13 Off St. Andrew Bay ...... 29°53.0′ 86°10.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Florida/Alabama border ...... 29°34.5′ 87°38.0′ 16 Off Mobile Bay ...... 29°41.0′ 88°00.0′ 17 South of Alabama/Mississippi border ...... 30°01.5′ 88°23.7′ 18 Horn/Chandeleur Islands ...... 30°01.5′ 88°40.5′ 19 Chandeleur Islands ...... 29°35.5′ 88°37.0′ 20 Seaward limit of Louisiana's waters off North Pass of the Mississippi River ...... 29°16.3′ 89°00.0′ Thence southerly and westerly along the seaward limit of Louisiana's waters to: 21 Seaward limit of Louisiana's waters off Southwest Pass of the Mississippi River ...... 28°57.3′ 89°28.2′ 22 Southeast of Grand Isle ...... 29°09.0′ 89°47.0′ 23 Quick flashing horn buoy south of Isles Dernieres ...... 28°32.5′ 90°42.0′ 24 Southeast of Calcasieu Pass ...... 29°10.0′ 92°37.0′ 25 South of Sabine PassÐ10 fathoms ...... 29°09.0′ 93°41.0′ 26 South of Sabine PassÐ30 fathoms ...... 28°21.5′ 93°28.0′ 27 East of Aransas Pass ...... 27°49.0′ 96°19.5′ 28 East of Baffin Bay ...... 27°12.0′ 96°51.0′ 29 Northeast of Port Mansfield ...... 26°46.5′ 96°52.0′ 30 Northeast of Port Isabel ...... 26°21.5′ 96°35.0′ 31 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°36.0′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' waters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

BILLING CODE 3510±22±W 34962 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Appendix C to Part 622—Fish Length Measurements

Figure 1 of Appendix C to Part 622—Carapace Length Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34963 34964 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

PARTS 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, AND 670Ð [REMOVED] 4. Under the authority of 16 U.S.C. 1801 et seq., parts 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, and 670 are removed. [FR Doc. 96–16254 Filed 7–1–96; 8:45 am] BILLING CODE 3510±22±M federal register July 3,1996 Wednesday States; FinalRule Fisheries oftheNortheasternUnited 50 CFRPart625,etal. 15 CFRPart902 Administration National OceanicandAtmospheric Commerce Department of Part III 34965 34966 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: for the Atlantic sea scallop fishery and Patricia A. Kurkul, NMFS, 508–281– the Northeast multispecies fisheries National Oceanic and Atmospheric 9331. were prepared by the NEFMC, in Administration consultation with the MAFMC SUPPLEMENTARY INFORMATION: (multispecies and scallops) and the 15 CFR Part 902 Background SAFMC (scallops). Atlantic surf clam In March 1995, President Clinton and ocean quahog fisheries are managed 50 CFR Parts 625, 648, 650, 651, 652, by NMFS under regulations 655, and 657 issued a directive to Federal agencies regarding their responsibilities under implementing the FMP for the Atlantic [Docket No. 960612172±6172±01; I.D. his Regulatory Reinvention Initiative. surf clam and ocean quahog fisheries 051096C] This initiative is part of the National formerly at 50 CFR part 652. This FMP was prepared by the MAFMC in RIN 0648±AI21 Performance Review and calls for comprehensive regulatory reform. The consultation with the NEFMC. Atlantic Fisheries of the Northeastern United President directed all agencies to mackerel, squid, and butterfish fisheries States undertake a review of all their are managed by NMFS under the FMP regulations, with an emphasis on for the Atlantic mackerel, squid, and AGENCY: National Marine Fisheries eliminating or modifying those that are butterfish fisheries of the Northwest Service (NMFS), National Oceanic and Atlantic Ocean, which is implemented Atmospheric Administration (NOAA), obsolete, duplicative, or otherwise in need of reform. This final rule is by regulations formerly at 50 CFR part Commerce. 655. The regulations governing fishing intended to carry out the President’s ACTION: Final rule. for Atlantic mackerel, squid, and directive with respect to those butterfish by vessels other than vessels regulations implementing Northeast SUMMARY: NMFS is consolidating six of the United States are contained in 50 region FMPs and management measures CFR parts governing the marine CFR part 600. This FMP was prepared for scup. fisheries of the Northeast region into by the MAFMC. The Atlantic salmon Currently, regulations implementing one new CFR part. The new part fishery is managed by NMFS under the the FMPs for the Northeast fisheries are contains regulations implementing the FMP for Atlantic salmon, which is contained in six separate CFR parts (50 fishery management plans (FMPs) for: implemented by regulations formerly at CFR parts 625, 650, 651, 652, 655, and summer flounder; Atlantic sea scallops; 50 CFR part 657. This FMP was 657). NMFS, through this rulemaking, Northeast multispecies; Atlantic surf prepared by the NEFMC. clams and ocean quahogs; Atlantic removes those six parts and All of these FMPs were prepared mackerel, squid, and butterfish; and consolidates the regulations contained under the authority of the Magnuson Atlantic salmon and implementing therein into one new part (50 CFR part Fishery Conservation and Management management measures for scup. This 648). This consolidated regulation Act. final rule reorganizes the FMPs’ and provides the public with a single The MAFMC recently submitted to scup management measures into a more reference source for Federal fisheries NMFS Amendment 8 to the FMP for the logical and cohesive order, removes regulations specific to the Northeast summer flounder fishery. That duplicative and outdated provisions, region. The restructuring of six parts amendment would include scup in the and makes technical and editorial into a single part results in one set of management unit of the FMP. The changes to improve readability and regulations that is more concise, clearer, MAFMC requested NMFS to impose clarity, to achieve uniformity in and easier to use than six separate parts. management measures for scup on an regulatory language, and to correct General regulations pertaining to all emergency interim basis pending its errors in the existing regulations. This fisheries and regulations pertaining to requested approval and implementation final rule also amends references to foreign fisheries have been consolidated of Amendment 8. The emergency Paperwork Reduction Act (PRA) and restructured in new 50 CFR part measures imposed by NMFS formerly information collection requirements to 600 by earlier rulemaking. appeared at 50 CFR part 625. reflect the consolidation. The purpose of The summer flounder fishery in the In new part 648, portions of the this final rule is to make the regulations Northwest Atlantic is managed jointly existing regulations that contain more concise, better organized, and by NMFS and the Atlantic States Marine identical or nearly identical provisions thereby easier for the public to use. This Fisheries Commission (Commission) have been combined and restructured action is part of the President’s under the FMP for the summer flounder into similar measures. Paragraph Regulatory Reinvention Initiative. fishery, which is implemented by headings have been added for ease in EFFECTIVE DATE: July 1, 1996, except for regulations formerly at 50 CFR part 625. identifying measures, and regulatory paragraphs (a)(78), (k), and (l) of This FMP was prepared by the Mid- language has been revised to make § 648.14, and subpart H of part 648 Atlantic Fishery Management Council needed technical changes and (§§ 648.124—648.125), which are (MAFMC) in cooperation with corrections and to improve clarity and effective from July 1, through September Commission and the New England consistency. 29, 1996. Fishery Management Council (NEFMC) Section 3507(c)(B)(i) of the PRA ADDRESSES: Comments regarding and the South Atlantic Fishery requires that agencies inventory and burden-hour estimates for collection-of- Management Council (SAFMC). NMFS display a current control number information requirements contained in manages the harvest of sea scallops assigned by the Director, OMB, for each this rule should be sent to Dr. Andrew under the FMP for the Atlantic sea agency information collection. Section A. Rosenberg, Regional Director, 1 scallop fishery, which is implemented 902.1(b) of 15 CFR identifies the Blackburn Drive, Gloucester, MA 01930 through regulations formerly at 50 CFR location of NOAA regulations for which and the Office of Information and part 650. The Northeast multispecies OMB approval numbers have been Regulatory Affairs, Office of fishery is managed by NMFS under issued. Because this final rule recodifies Management and Budget (OMB), regulations implementing the FMP for many recordkeeping and reporting Washington, D.C. 20503 (Attention: the Northeast multispecies fishery requirements, it also revises section NOAA Desk Officer). formerly at 50 CFR part 651. The FMPs 902.1(b) to reference correctly the new Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34967 sections resulting from the exemption = 1.9 hr/response; and (8) 15 CFR CHAPTER IX consolidation. vessel identification = 45 min/response. PART 902ÐNOAA INFORMATION (c) Approved under 0648–0212— Classification COLLECTION REQUIREMENTS UNDER Vessel Logbooks—(1) Vessel log = 5 THE PAPERWORK REDUCTION ACT: This action has been determined to be min/response; (2) shellfish log = 12.5 OMB CONTROL NUMBERS not significant for purposes of E.O. min/response; and (3) pound net log = 12866. 15 min/response. Because this rule makes only 1. The authority citation for part 902 nonsubstantive and technical changes to (d) Approved under 0648–0229— continues to read as follows: Dealer Purchase Reports = 2 min/ existing regulations, no useful purpose Authority: 44 U.S.C. 3501 et seq. would be served by providing advance response. notice and opportunity for public (e) Approved under 0648–0235— 2. In § 902.1, paragraph (b) the table comment. Accordingly, the Assistant Survey of Intent and Capacity—Written is amended by removing in the left Administrator for Fisheries, NOAA, response = 15 min/response; phone = 5 column under 50 CFR, the entries under 5 U.S.C. 553(b)(B), for good cause min/response. ‘‘625.4’’, ‘‘625.5’’, ‘‘625.6’’, ‘‘625.7’’, finds that providing notice and (f) Approved under 0648–0238—ITQ ‘‘625.20’’, ‘‘625.27’’, ‘‘650.4’’, ‘‘650.5’’, opportunity for public comment is Allocation Transfer Request = 5 min/ ‘‘650.6’’, ‘‘650.7’’, ‘‘650.8’’, ‘‘650.24’’, unnecessary. To the extent that the response. ‘‘650.25’’, ‘‘650.26’’, ‘‘650.28’’, ‘‘651.4’’, technical changes made by this rule are (g) Approved under 0648–0240— ‘‘651.5’’, ‘‘651.6’’, ‘‘651.7’’, ‘‘651.8’’, nonsubstantive, they are not subject to Application to Shuck at Sea = 5 min/ ‘‘651.20’’, ‘‘651.21’’, ‘‘651.22’’, ‘‘651.25’’, a 30-day delay in effective date under 5 response. ‘‘651.28’’, ‘‘651.29’’, ‘‘652.4’’, ‘‘652.5’’, U.S.C. 553(d). To the extent that the (h) Approved under 0648–0305—Gear ‘‘652.6’’, ‘‘652.7’’, ‘‘652.9’’, ‘‘652.20’’, technical changes made by this rule are Identification Requirements = 1 min/ ‘‘652.24’’, ‘‘655.4’’ and 655.6’’, and in substantive, the Assistant response. the right column, in corresponding Administrator, under 5 U.S.C. 553(d)(3), positions, the control numbers; and by for good cause finds that it is (i) Approved under 0648–0306— Vessel Identification Requirements = 45 adding, in numerical order, the impracticable, unnecessary, and following entries to read as follows: contrary to the public interest to delay min/response. their effective date for 30 days. The (j) Approved under 0648–0307— § 902.1 OMB control numbers assigned technical changes do not require any Vessel Monitoring and Communications pursuant to the Paperwork Reduction Act. changes in the conduct of fishery Requirements (VTS) = 5 sec/response. * * * * * participants and thus a 30-day delay in The estimated response times include (b) * * * effective date is unnecessary. Further to the time needed for reviewing delay their effectiveness would make it instructions, searching existing data CFR part or section extremely difficult for the affected sources, gathering and maintaining the Current OMB control where the information number (all numbers public to use and understand the data needed, and completing and collection requirement begin with 0648±) regulations and, thus, such a delay reviewing the collection of information. is located would be impracticable and contrary to Send comments regarding burden the public interest. estimates, or any other aspect of these ***** Notwithstanding any other provision data collections, including suggestions 50 CFR of law, no person is required to respond for reducing the burden, to NMFS and to, nor shall any person be subject to a OMB (see ADDRESSES). ***** penalty for failure to comply with a List of Subjects 648.4 ...... ±0202, ±0212 collection of information subject to the 648.5 ...... ±0202 requirements of the PRA, unless that 15 CFR Part 902 648.6 ...... ±0202 collection of information displays a 648.7 ...... ±0018, ±0212 and currently valid OMB Control Number. Reporting and recordkeeping ±0229 The following collection-of- requirements. 648.8 ...... ±0306, ±0229 information requirements for Northeast 50 CFR Parts 625, 648, and 651 648.9 ...... ±0202 and ±0307 fisheries have been approved by OMB: 648.10 ...... ±0202 (a) Approved under 0648–0018— Fisheries, Fishing, Reporting and 648.11 ...... ±0202 Processed Products Family of Forms— recordkeeping requirements. 648.15 ...... ±0202 648.53 ...... ±0202 (1) Fishery products: Fish meal oil = 9.6 50 CFR Parts 650, 652, and 655 min/response; (2) fishery products U.S 648.70 ...... ±0238 Processors and wholesalers: 3.5 min/ Fisheries, Reporting and 648.74 ...... ±0240 response; (3) small processors = 6.6 recordkeeping requirements. 648.80 ...... ±0202 min/response; (4) large processors = 648.81 ...... ±0202 50 CFR Part 657 3.85 min/response; and (5) additional 648.82 ...... ±0202 responses in mandatory fisheries = 6.6 Fisheries, Fishing. 648.84 ...... ±0305 648.100 ...... ±0202 min/response. Dated: June 24, 1996. (b) Approved under 0648–0202— 648.106 ...... ±0202 Northeast Permit Family of Forms—(1) Gary Matlock, Vessel permit (initial) = 30 min/ Program Management Officer, National * * * * * response; (2) vessel permit (renewal) 5 Marine Fisheries Service. 3. Part 648 is added effective July 1, min/response; (3) appeal permit denial For the reasons set out in the 1996, except for paragraphs (a)(78), (k), = 30 min/response; (4) operator permit preamble, 15 CFR chapter IX and, under and (l) of § 648.14 and subpart H = 1 hr/response; (5) dealer permit = 5 the authority of 16 U.S.C. 1801 et seq., (§§ 648.124—648.125), which are min/response; (6) observer deployments 50 CFR chapter VI are amended as effective from July 1, through September 2 min/response; (7) experimental fishing follows: 29, 1996, to read as follows: 34968 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

PART 648ÐFISHERIES OF THE 648.88 Open access permit restrictions. Atlantic salmon means Salmo salar. NORTHEASTERN UNITED STATES 648.89 Recreational and charter/party Atlantic sea scallop or scallop means restrictions. Placopecten magellanicus, throughout Subpart AÐGeneral Provisions 648.90 Framework specifications. its range. Subpart GÐManagement Measures for the Black sea bass means Centropristis Sec. Summer Flounder Fishery striata. 648.1 Purpose and scope. Blowfish (puffer) means any species 648.2 Definitions. 648.100 Catch quotas and other restrictions. 648.101 Closures. in the family Tetraodontidae. 648.3 Relation to other laws. Bluefish means Pomotomus saltatrix. 648.4 Vessel permits. 648.102 Time restrictions. 648.5 Operator permits. 648.103 Minimum fish sizes. Bushel (bu) means a standard unit of 648.6 Dealer/processor permits. 648.104 Gear restrictions. volumetric measurement deemed to 648.7 Recordkeeping and reporting 648.105 Possession restrictions. hold 1.88 ft3 (53.24 L) of surf clams or requirements. 648.106 Sea turtle conservation. ocean quahogs in the shell. 648.8 Vessel identification. Subpart HÐManagement Measures for the Cage means a container with a 648.9 VTS requirements. Scup Fishery standard unit of volumetric 648.10 DAS notification requirements. 3 648.124 Gear restrictions. measurement containing 60 ft (1,700 648.11 At-sea sea sampler/observer 648.125 Minimum fish sizes. L). The outside dimensions of a coverage. standard cage generally are 3 ft (91 cm) 648.12 Experimental fishing. Authority: 16 U.S.C. 1801 et seq. 648.13 Transfers at sea. wide, 4 ft (122 cm) long, and 5 ft (152 648.14 Prohibitions. Subpart AÐGeneral Provisions cm) high. 648.15 Facilitation of enforcement. Chafing gear or cookies, with respect § 648.1 Purpose and scope. 648.16 Penalties. to the scallop fishery, means steel, (a) This part implements the fishery rubberized or other types of donut rings, Subpart BÐManagement Measures for management plans for the Atlantic disks, washers, twine, or other material the Atlantic Mackerel, Squid, and mackerel, squid, and butterfish fisheries attached to or between the steel rings of Butterfish Fisheries (Atlantic Mackerel, Squid, and a sea scallop dredge. Butterfish FMP); Atlantic salmon Charter or party boat means any 648.20 Maximum OYs. (Atlantic Salmon FMP); the Atlantic sea vessel that carries passengers for hire to 648.21 Procedures for determining initial annual amounts. scallop fishery (Atlantic Sea Scallop engage in recreational fishing and, with 648.22 Closure of the fishery. FMP (Scallop FMP)); the Atlantic surf respect to multispecies, that is not 648.23 Gear restrictions. clam and ocean quahog fisheries fishing under a DAS. (Atlantic Surf Clam and Ocean Quahog Combination vessel means a vessel Subpart CÐManagement Measures for FMP); the Northeast multispecies that has fished in any one calendar year Atlantic Salmon fishery (NE Multispecies FMP); and the with scallop dredge gear and otter trawl summer flounder fishery (Summer gear during the period 1988 through 648.40 Prohibition on possession. Flounder FMP). These FMPs and the 1990, and that is eligible for an Subpart DÐ Management Measures for regulations in this part govern the allocation of individual DAS under the the Atlantic Sea Scallop Fishery conservation and management of NE Multispecies FMP and has applied fisheries of the northeastern United for or been issued a limited access 648.50 Shell-height standard. States. scallop permit. 648.51 Gear and crew restrictions. (b) This part governs domestic fishing Commercial fishing or fishing 648.52 Possession restrictions. only. Foreign fishing is governed under commercially means fishing that is 648.53 DAS allocations. subpart F of part 600 of this chapter. intended to, or results in, the barter, 648.54 State waters exemption. trade, transfer, or sale of fish. 648.55 Framework adjustments to § 648.2 Definitions. Commission means the Atlantic States management measures. In addition to the definitions in the Marine Fisheries Commission. Subpart EÐManagement Measures for the Magnuson Act and in § 600.10 of this Conger eel means Conger oceanicus. Atlantic Surf Clam and Ocean Quahog chapter, the terms used in this part have Cunner means Tautogolabrus Fisheries the following meanings: adspersus. 648.70 Annual individual allocations. Alewife means Alosa Council means the New England 648.71 Catch quotas. pseudoharengus. Fishery Management Council (NEFMC) 648.72 Minimum surf clam size. American lobster or lobster means for the Atlantic sea scallop and the NE 648.73 Closed areas. Homarus americanus. multispecies fisheries or the Mid- 648.74 Shucking at sea. American shad means Alosa Atlantic Fishery Management Council 648.75 Cage identification. sapidissima. (MAFMC) for the Atlantic mackerel, Subpart FÐManagement Measures for the Atlantic butterfish or butterfish means squid, and butterfish; the Atlantic surf NE Multispecies Fishery Peprilus triacanthus. clam and ocean quahog; and the 648.80 Regulated mesh areas and Atlantic croaker means summer flounder fisheries. restrictions on gear and methods of Micropogonias undulatus. Day(s)-at-sea (DAS), with respect to fishing. Atlantic mackerel or mackerel means the NE multispecies and scallop 648.81 Closed areas. Scomber scombrus. fisheries, means the 24-hour periods of 648.82 Effort-control program for limited Atlantic Mackerel, Squid, and time during which a fishing vessel is access vessels. Butterfish Monitoring Committee means absent from port in which the vessel 648.83 Minimum fish sizes. the committee made up of staff intends to fish for, possess or land; or 648.84 Gear-marking requirements and gear restrictions. representatives of the MAFMC and the fishes for, possesses, or lands regulated 648.85 Flexible Area Action System. NEFMC, and the Northeast Regional species or scallops. 648.86 Possession restrictions. Office and NEFSC of NMFS. The Dealer means any person who 648.87 Sink gillnet requirements to reduce MAFMC Executive Director or a receives, for a commercial purpose harbor porpoise takes. designee chairs the Committee. (other than solely for transport on land), Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34969 from the owner or operator of a vessel Handline or handline gear means NEFSC, the USCG, an industry issued a valid permit under this part, fishing gear that is released by hand and representative, and no more than two any species of fish, the harvest of which consists of one main line to which is representatives from each affected is managed by this part. attached no more than two leaders for coastal state appointed by the Dredge or dredge gear, with respect to a total of no more than three hooks. Commission. the scallop fishery, means gear Handlines are retrieved only by hand, NEFSC means the Northeast Fisheries consisting of a mouth frame attached to not by mechanical means. Science Center, NMFS. a holding bag constructed of metal rings, Harbor porpoise means Phocoena Net tonnage (NT) means the net or any other modification to this design, phocoena. tonnage specified on the USCG that can be or is used in the harvest of Harbor Porpoise Review Team (HPRT) documentation for a vessel. scallops. means a team of scientific and technical Northeast (NE) multispecies or Dredge bottom, with respect to experts appointed by the NEFMC to multispecies means the following scallops, means the rings and links review, analyze, and propose harbor species: found between the bail of the dredge porpoise take mitigation alternatives. American plaice—Hippoglossoides and the club stick, which, when fishing, Herring means Atlantic herring, platessoides. would be in contact with the sea bed. Clupea harengus, or blueback herring, Atlantic cod—Gadus morhua. This includes the triangular shaped Alosa aestivalis. Haddock—Melanogrammus aeglefinus. portions of the ring bag commonly Hickory shad means Alosa mediocris. Ocean pout—Macrozoarces americanus. known as ‘‘diamonds.’’ Hook gear means fishing gear that is Pollock—Pollachius virens. comprised of a hook or hooks attached Redfish—Sebastes marinus. Dredge top, with respect to the scallop Red hake—Urophycis chuss. fishery, means the mesh panel in the top to a line and includes, but is not limited to, longline, setline, jigs, troll line, rod Silver hake (whiting)—Merluccius of a dredge and immediately adjacent bilinearis. rings and links found between the bail and reel, and line trawl. White hake—Urophycis tenuis. of the dredge, the club stick, and the Illex means Illex illecebrosus (short- Windowpane flounder—Scophthalmus two side panels. The bail of the dredge finned or summer squid). aquosus. is the rigid structure of the forward John Dory means Zenopsis conchifera. Winter flounder—Pleuronectes Land means to begin offloading fish, portion of the dredge that connects to americanus. to offload fish, or to enter port with fish. Witch flounder—Glyptocephalus the warp and holds the dredge open. Liner means a piece of mesh or any cynoglossus. The club stick is the rigid bar at the tail other material rigged inside or outside Yellowtail flounder—Pleuronectes of the dredge bag that is attached to the the main or outer net or dredge that ferrugineus. rings. restricts the mesh or ring size or Northern shrimp means Pandalus Dredge vessel, with respect to the otherwise reduces escapement. borealis. scallop fishery, means any fishing vessel Link, with respect to the sea scallop Ocean quahog means the species that is equipped for fishing using dredge fishery, means the material, usually Arctica islandica. gear and that is capable of catching made of a 3⁄8-inch (10-mm) or 7⁄16-inch Offload or offloading means to begin scallops. (11-mm) diameter metal rod, that joins to remove, to remove, to pass over the Exempted gear, with respect to the NE two adjacent rings within the ring bag rail, or otherwise take away fish from multispecies fishery, means gear that is of a dredge. any vessel. For purposes of the surf deemed to be not capable of catching NE Loligo means Loligo pealei (long- clam and ocean quahog fishery, it means multispecies and includes: Pelagic hook finned or bone squid). to separate physically a cage from a and line, pelagic longline, spears, rakes, Longhorn sculpin means vessel, such as by removing the sling or diving gear, cast nets, tongs, harpoons, Myoxocephalus octodecimspinosus. wire used to remove the cage from the weirs, dipnets, stop nets, pound nets, Longline gear means fishing gear that harvesting vessel. pelagic gillnets, pots and traps, purse is or is designed to be set horizontally, Operator means the master, captain, seines, shrimp trawls (with a properly either anchored, floating, or attached to or other individual on board a fishing configured grate as defined under this a vessel, and that consists of a main or vessel, who is in charge of that vessel’s part), and midwater trawls. ground line with three or more gangions operations. Fishing trip or trip means a period of and hooks. Out of the multispecies fishery or DAS time during which fishing is conducted, Menhaden means Atlantic menhaden, program means the period of time beginning when the vessel leaves port Brevoortia tyrannus. during which a vessel is absent from and ending when the vessel returns to Midwater trawl gear means trawl gear port and is not fishing for regulated port. that is designed to fish for, is capable of species under the NE multispecies DAS Fishing year means: fishing for, or is being used to fish for program. (1) For the scallop fishery, from pelagic species, no portion of which is Pair trawl or pair trawling means to March 1 through the last day of designed to be or is operated in contact tow a single net between two vessels for February of the following year. with the bottom at any time. the purpose of, or that is capable of, (2) For the NE multispecies fishery, Monkfish or anglerfish means Lophius catching NE multispecies. from May 1 through April 30 of the americanus. Pelagic hook or longline gear means following year. Mullet means any species in the fishing gear that is not fixed, nor (3) For all other fisheries in this part, family Mugilidae. designed to be fixed, nor anchored to from January 1 through December 31. Multispecies Monitoring Committee the bottom and that consists of FMP means fishery management plan. means a team of scientific and technical monofilament main line (as opposed to Fourspot flounder means Paralichthys staff appointed by the NEFMC to a cable main line) to which gangions are oblongus. review, analyze, and recommend attached. Gross registered tonnage (GRT) means adjustments to the management Personal use, with respect to the surf the gross registered tonnage specified on measures. The team consists of staff clam or ocean quahog fishery, means the USCG documentation for a vessel. from the NEFMC and the MAFMC, harvest of surf clams or ocean quahogs Hagfish means Myxine glutinosa. NMFS’ Northeast Regional Office, the for use as bait, for human consumption, 34970 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations or for other purposes (not including sale Scallop dredge vessel means any Surf clams means Atlantic surf clams or barter) in amounts not to exceed 2 bu fishing vessel, other than a combination of the species Spisula solidissima. (106.48 L) per person per fishing trip. vessel, that uses or is equipped to use Swordfish means Xiphias gladius. Postmark means independently scallop dredge gear. Tautog (blackfish) means Tautoga verifiable evidence of date of mailing, Scup means Stenotomus chrysops. onitas. such as U.S. Postal Service postmark, Sea Scallop Plan Development Team Tied up to the dock, with respect to United Parcel Service (U.P.S.) or other (PDT) means a team of technical experts NE multispecies, means to tie-up at a private carrier postmark, certified mail appointed by the NEFMC. dock, on a mooring, or in a harbor. receipt, overnight mail receipt, or Sea raven means Hemitripterus Tilefish means Lopholatilus receipt received upon hand delivery to americanus. chamaeleonticeps. an authorized representative of NMFS. Searobin means any species of the Target total allowable catch (TAC) Prior to leaving port, with respect to family Triglidae. means the annual domestic harvest Shucking or to shuck means opening the call-in notification system for NE targets for regulated species. or to open a scallop, surf clam, or ocean Transfer means to begin to remove, to multispecies, means prior to the last quahog and removing the meat or the remove, to pass over the rail, or to dock or mooring in port from which a adductor muscle from the shell. otherwise take away fish from any vessel departs to engage in fishing, Shucking machine means any vessel and move them to another vessel. including the transport of fish to mechanical device that automatically Trawl sweep means the total length of another port. removes the meat or the adductor the footrope on a trawl net that is Processor means a person who muscle from a scallop, surf clam, or directly attached to the webbing of a receives surf clams or ocean quahogs for ocean quahog shell. net. a commercial purpose and removes Sink gillnet or bottom-tending gillnet Upon returning to port, for purposes them from a cage. means with respect to the NE of the call-in notification system for the Purse seine gear means an encircling multispecies fishery, any gillnet, NE multispecies fishery, means the first net with floats on the top edge, weights anchored or otherwise, that is designed point when a vessel ties up at a dock or and a purse line on the bottom edge, to be, or is fished on or near the bottom mooring in a port at the end of a fishing and associated gear, or any net designed in the lower third of the water column. trip. to be, or capable of being, used in such Skate means any species of the family Vessel length means the length fashion. Rajidae. specified on the USCG documentation Recreational fishing means fishing Smooth dogfish means Mustelis canis. for a vessel or on the state registration that is not intended to, nor results in the Sorting machine means any for a vessel not required to be barter, trade, or sale of fish. mechanical device that automatically documented under title 46 U.S.C., if the Recreational fishing vessel, with sorts whole scallops by shell height, state length is verified by an authorized respect to the scup fishery, means any size, or other physical characteristics. officer or NMFS official. vessel from which no fishing other than Spiny dogfish means Squalus Vessel Tracking System (VTS) means recreational fishing is conducted. acanthias. a vessel tracking system as set forth in Charter and party boats are considered Spot means Leiostomus xanthurus. § 648.9 and approved by NMFS for use Square mesh, with respect to the NE recreational fishing vessels for purposes by scallop and NE multispecies vessels, multispecies fishery, means mesh in of the scup minimum size requirement. as required by this part. Regional Director means the Director, which the horizontal bars of the mesh VTS unit means a device installed on run perpendicular to the long axis of the Northeast Region, NMFS, or a designee. board a vessel used for vessel tracking net so when the net is placed under a Regulated species means the subset of and transmitting the vessel’s position as strain the mesh remains open to a NE multispecies that includes Atlantic required by this part. square-like shape. Square mesh can be cod, witch flounder, American plaice, Weakfish means Cynoscion regalis. formed by hanging diamond mesh ‘‘on yellowtail flounder, haddock, pollock, Whiting means Merluccius bilinearis. the square,’’ if the resulting mesh winter flounder, windowpane flounder, conforms with the above description of § 648.3 Relation to other laws. redfish, and white hake. square mesh. (a) The relation of this part to other Reporting month means the period of Squid means Loligo pealei or Illex laws is set forth in § 600.705. time beginning at 0001 hours local time illecebrosus. (b) Nothing in these regulations on the first day of each calendar month Standard tote means a box typically supersedes more restrictive state and ending at 2400 hours local time on constructed of plastic, designed to hold management measures for any of the the last day of each calendar month. 100 lb (45.3 kg) of fish plus ice, and that species referenced in § 648.1 and, for Reporting week means the period of has a liquid capacity of 70 L, or a Atlantic salmon, more restrictive local time beginning at 0001 local time on volume of not more than 4,320 cubic in management measures. Sunday and ending at 2400 hours local (2.5 cubic ft or 70.79 cubic cm). time the following Saturday. Substantially similar harvesting § 648.4 Vessel permits. Re-rig or re-rigged means physical capacity means the same or less GRT (a) Fishery specific vessel permit alteration of the vessel or its gear in and vessel length. information. (1) NE multispecies vessels. order to transform the vessel into one Summer flounder means Paralichthys Any vessel of the United States, capable of fishing commercially for a dentatus. including a charter or party boat, must species in the applicable fishery. Summer Flounder Monitoring have been issued and have on board a Rigged hooks means hooks that are Committee means a committee made up valid multispecies permit to fish for, baited, or only need to be baited, in of staff representatives of the MAFMC, possess or land multispecies in or from order to be fished. Unsecured, unbaited NEFMC, and SAFMC, the NMFS the EEZ. Recreational vessels and hooks and gangions are not considered Northeast Regional Office, the NEFSC, vessels fishing for NE multispecies to be rigged. the Southeast Science Center, and the exclusively in state waters are exempt Rod and reel means a hand-held Commission. The MAFMC Executive from this requirement. (including rod holder) fishing rod with Director or a designee chairs the (i) Limited access multispecies a manually operated reel attached. committee. permits—(A) Eligibility. To be eligible to Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34971 apply for a limited access multispecies whenever it is bought, sold, or denied such permit may appeal the permit, as specified in § 648.82, in 1996 otherwise transferred, unless there is a denial to the Regional Director within and thereafter, a vessel must have been written agreement, signed by the 30 days of the notice of denial. Any issued a limited access multispecies transferor/seller and transferee/buyer, or such appeal must be based on one or permit for the preceding year, must be other credible written evidence, more of the following grounds, must be replacing a vessel that was issued a verifying that the transferor/seller is in writing, and must state the grounds limited access multispecies permit for retaining the vessel’s fishing and permit for the appeal: the preceding year, or must qualify for history for purposes of replacing the (i) The information used by the a 1996 limited access multispecies vessel. Regional Director was based on hook-gear permit under this paragraph (E) Replacement vessels. To be mistaken or incorrect data. (a)(1)(i). Vessels qualifying for 1996 eligible for a limited access permit (ii) The applicant was prevented by limited access multispecies hook-gear under this section, the replacement circumstances beyond his/her control permits are qualified only for that vessel must meet the following criteria from meeting relevant criteria. limited access permit category. A vessel and any applicable criteria under (iii) The applicant has new or is eligible for a 1996 limited access paragraph (a)(1)(i)(F) of this section: additional information. multispecies hook-gear permit, (1) The replacement vessel’s (2) Appeal review. The Regional provided: horsepower may not exceed by more Director will appoint a designee who (1) The vessel was issued a 1995 open than 20 percent the horsepower of the will make the initial decision on the access multispecies hook-gear permit vessel that was initially issued a limited appeal. The appellant may request a and the owner or operator of the vessel access permit as of the date the initial review of the initial decision by the submitted to the Regional Director, no vessel applied for such permit. Regional Director by so requesting in later than January 26, 1996, fishing log (2) The replacement vessel’s length, writing within 30 days of the notice of reports dated between June 1, 1994, and GRT, and NT may not exceed by more the initial decision. If the appellant does June 1, 1995, when fishing with hook than 10 percent the length, GRT, and NT not request a review of the initial gear under the open access hook-gear of the vessel that was initially issued a decision within 30 days, the initial permit, documenting landings of at least limited access permit as of the date the decision shall become the final 500 lb (226.8 kg) of NE multispecies initial vessel applied for such permit. administrative action of the Department finfish, or its equivalent in numbers of For purposes of this paragraph of Commerce. Such review will be fish; or (a)(1)(i)(E)(2), a vessel not required to be conducted by a hearing officer (2) The vessel is replacing such a documented under title 46 U.S.C. will appointed by the Regional Director. The vessel. be considered to be 5 NT. For hearing officer shall make findings and (B) Application/renewal restrictions. undocumented vessels, GRT does not a recommendation to the Regional Owners of vessels must apply for a apply. Director which shall be advisory only. limited access multispecies hook-gear (F) Upgraded vessel. A vessel may be Upon receiving the findings and a permit before September 1, 1996, to upgraded, whether through refitting or recommendation, the Regional Director receive an automatic mailing of an replacement, and still be eligible for or will issue a final decision on the appeal. application to renew their permit in be eligible to retain or renew a limited The Regional Director’s decision is the 1997 and to be assured that their permit access permit, only if the upgrade final administrative action of the application will be processed within 30 complies with the following: Department of Commerce. days. Vessel owners applying after (1) The vessel’s horsepower may be (3) Status of vessels pending appeal. December 31, 1996, will be ineligible to increased, whether through refitting or A vessel denied a limited access apply for an initial limited access replacement, only once. Such an multispecies hook-gear permit may fish multispecies hook-gear permit. To increase may not exceed 20 percent of under the limited access multispecies renew or apply for a limited access the horsepower of the vessel initially hook-gear category, provided that the multispecies permit, a completed issued a limited access permit as of the denial has been appealed, the appeal is application must be received by the date the initial vessel applied for such pending, and the vessel has on board a Regional Director by the first day of the permit. letter from the Regional Director fishing year for which the permit is (2) The vessel’s length, GRT, and NT authorizing the vessel to fish under the required. Failure to renew a limited may be increased, whether through limited access hook-gear category. The access multispecies permit in any year refitting or replacement, only once. Any Regional Director will issue such a letter bars the renewal of the permit in increase in any of these three for the pendency of any appeal. Any subsequent years. specifications of vessel size may not such decision is the final administrative (C) Qualification restriction. Unless exceed 10 percent of the respective action of the Department of Commerce the Regional Director determines to the specification of the vessel initially on allowable fishing activity, pending a contrary, no more than one vessel may issued a limited access permit as of the final decision on the appeal. The letter qualify, at any one time, for a limited date the initial vessel applied for such of authorization must be carried on access permit based on that or another permit. If any of these three board the vessel. If the appeal is finally vessel’s fishing and permit history. If specifications is increased, any increase denied, the Regional Director shall send more than one vessel owner claims in the other two must be performed at a notice of final denial to the vessel eligibility for a limited access permit, the same time. This type of upgrade may owner; the authorizing letter becomes based on one vessel’s fishing and permit be done separately from an engine invalid 5 days after receipt of the notice history, the Regional Director will horsepower upgrade. of denial. determine who is entitled to qualify for (G) Consolidation restriction. Limited (I) Limited access permit restrictions. the permit and the DAS allocation access permits and DAS allocations may (1) A vessel may be issued a limited according to paragraph (a)(1)(i)(D) of not be combined or consolidated. access multispecies permit in only one this section. (H) Appeal of denial of permit. (1) category during a fishing year. Vessels (D) Change in ownership. The fishing Eligibility. Any applicant eligible to may not change limited access and permit history of a vessel is apply for an initial limited access multispecies permit categories during presumed to transfer with the vessel multispecies hook-gear permit who is the fishing year, except as provided in 34972 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations paragraph (a)(1)(i)(I)(2) of this section. A and permit history, the CPH also amount of in-shell scallops (50 bu vessel issued a limited access preserves such fishing privileges. Any (176.2 L)) per trip, except vessels that multispecies hook-gear permit may not decision regarding the issuance of a fish exclusively in state waters for change its limited access permit CPH for a qualifying vessel that has scallops, must have been issued and category at any time. applied for or been issued previously a carry on board a valid limited access (2) The owner of a vessel issued a limited access permit is a final agency scallop permit. limited access multispecies permit may action subject to judicial review under (A) Eligibility. To be eligible to apply request a change in permit category, 5 U.S.C. 704. An application for a CPH for a limited access scallop permit, a unless otherwise restricted by paragraph must be received by the Regional vessel must have been issued a limited (a)(1)(i)(I)(1) of this section. In 1996, a Director by the beginning of the fishing access scallop permit for the preceding vessel owner has one opportunity to year for which it is required. year, or the vessel must be replacing a request a change in permit category by Information requirements for the CPH vessel that has been issued a limited submitting an application to the application are the same as those for a access scallop permit for the preceding Regional Director by August 14, 1996. If limited access permit with any request year. a complete application is not submitted for information about the vessel being (B) Application/renewal restrictions. by that date, the vessel must fish only applicable to the qualifying vessel that To renew or apply for a limited access in the DAS program assigned for the has been sunk, destroyed, or transferred. scallop permit, a completed application remainder of the 1996 fishing year. Any Vessel permit applicants who have been must be received by the Regional DAS that a vessel uses prior to a change issued a CPH and who wish to obtain Director by the first day of the fishing in permit category will be counted a vessel permit for a replacement vessel year for which the permit is required. against its allocation received under any based upon the previous vessel history Failure to renew a limited access scallop subsequent permit category. For 1997 may do so pursuant to this paragraph permit in any year bars the renewal of and beyond, the owner of a limited (a)(1)(i)(J). the permit in subsequent years. access multispecies vessel eligible to (K) Abandonment or voluntary (C) Qualification restriction. See request a change in permit category relinquishment of permits. If a vessel’s paragraph (a)(1)(i)(C) of this section. must elect a category prior to the start limited access permit for a particular (D) Change in ownership. See of each fishing year and will have one fishery is voluntarily relinquished to the paragraph (a)(1)(i)(D) of this section. opportunity to request a change in Regional Director, or abandoned (E) Replacement vessels. See permit category by submitting an through failure to renew or otherwise, paragraph (a)(1)(i)(E) of this section. application to the Regional Director no limited access permit for that fishery (F) Upgraded vessel. See paragraph within 45 days of issuance of the may be re-issued or renewed based on (a)(1)(i)(F) of this section. vessel’s permit. After that date, the that vessel’s history or to any vessel (G) Consolidation restriction. See vessel must remain in that permit relying on that vessel’s history. paragraph (a)(1)(i)(G) of this section. category for the duration of the fishing (L) Restriction on permit splitting. A (H) Percentage ownership restrictions. year. limited access multispecies permit may (1) For any vessel acquired after March (3) With the exception of combination not be issued to a vessel or its 1, 1994, a vessel owner is not eligible to vessels, sea scallop dredge vessels are replacement, or remain valid, if the be issued a limited access scallop not eligible for limited access vessel’s permit or fishing history has permit for the vessel if the issuance of multispecies permits. been used to qualify another vessel for the permit will result in the vessel (J) Confirmation of Permit History. another Federal fishery. owner, or any person who is a Notwithstanding any other provisions of (ii) Open access permits. Subject to shareholder or partner of the vessel this part, a person who does not the restrictions in § 648.88, a U.S. vessel owner, having an ownership interest in currently own a fishing vessel, but who that has not been issued a limited access limited access scallop vessels in excess has owned a qualifying vessel that has multispecies permit is eligible for an of 5 percent of the number of all limited sunk, been destroyed, or transferred to open access multispecies handgear or access scallop vessels at the time of another person, may apply for and charter/party permit. A U.S. vessel that permit application. receive a Confirmation of Permit History has been issued a valid limited access (2) Vessel owners who were initially (CPH) if the fishing and permit history scallop permit, but that has not been issued a 1994 limited access scallop of such vessel has been retained issued a limited access multispecies permit, or were issued or renewed a lawfully by the applicant. To be eligible permit, is eligible for an open access limited access scallop permit for a to obtain a CPH, the applicant must scallop multispecies possession limit vessel in 1995 and thereafter in show that the qualifying vessel meets permit. The owner of a vessel issued an compliance with the ownership the eligibility requirements, as open access permit may request a restrictions in paragraph (a)(2)(i)(H)(1) applicable, in this part. Issuance of a different open access permit category by of this section, are eligible to renew valid and current CPH preserves the submitting an application to the such permit(s), regardless of whether eligibility of the applicant to apply for Regional Director at any time. the renewal of the permits will result in or renew a limited access permit for a (2) Atlantic sea scallop vessels—Any the 5 percent ownership restriction replacement vessel based on the vessel of the United States that fishes being exceeded. qualifying vessel’s fishing and permit for, possesses, or lands Atlantic sea (3) Having an ownership interest history at a subsequent time, subject to scallops in quantities greater than 40 lb includes, but is not limited to, persons the replacement provisions specified in (18.14 kg) shucked, or 5 bu (176.2 L) of who are shareholders in a vessel owned this section. A CPH must be applied for in-shell scallops per trip, except vessels by a corporation, who are partners and received on an annual basis in order that fish exclusively in state waters for (general or limited) to a vessel owner, or for the applicant to preserve the fishing scallops, must have been issued and who, in any way, partly own a vessel. rights and limited access eligibility of carry on board a valid scallop permit. (I) Limited access permit restrictions. the qualifying vessel. If fishing (i) Limited access scallop permits. A vessel may be issued a limited access privileges have been assigned or Any vessel of the United States that scallop permit in only one category allocated previously under this part, possesses or lands more than 400 lb during a fishing year. The owner of a based on the qualifying vessel’s fishing (181.44 kg) of shucked, or the equivalent vessel issued a limited access scallop Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34973 permit must elect a permit category for permits issued to vessels that catch allowance specified in paragraph that vessel prior to the start of each involuntarily leave the fishery may not (a)(5)(i) of this section, if it meets any of fishing year and will have one be combined to create larger the following criteria: opportunity to request a change in replacement vessels. (1) The vessel landed and sold at least permit category by submitting an (ii) Party and charter boat permits. 20,000 lb (9.07 mt) of Loligo squid or application to the Regional Director Any party or charter boat is eligible for butterfish in any 30 consecutive day within 45 days of issuance of the a permit to fish for summer flounder, period between August 13, 1981, and vessel’s permit. After this date, the other than a summer flounder August 13, 1993. vessel must remain in that permit moratorium permit, if it is carrying (2) The vessel is replacing such a category for the duration of the fishing passengers for hire. Such vessel must vessel and meets the requirements of year. Any DAS that a vessel uses prior observe the possession limits specified paragraph (a)(3)(i)(C) of this section. to a change in permit category will be in § 648.105. (B) Application/renewal restrictions. counted against its allocation received (iii) Exemption permits. Owners of No one may apply for an initial Loligo under any subsequent permit category. summer flounder vessels seeking an squid and butterfish moratorium permit (J) Confirmation of Permit History. See exemption from the minimum mesh for a vessel after: paragraph (a)(1)(i)(J) of this section. requirement under the provisions of (1) May 2, 1997. (K) Abandonment or voluntary § 648.104(b)(1) must apply to the (2) The owner retires the vessel from relinquishment of permits. See Regional Director under paragraph (c) of the fishery. paragraph (a)(1)(i)(K) of this section. this section at least 7 days prior to the (C) Replacement vessels. See (ii) General scallop permit. Any vessel date they wish the permit to become paragraph (a)(3)(i)(C) of this section. of the United States that is not in effective. The applicant must mark (D) Appeal of denial of permit. (1) possession of a limited access scallop ‘‘Exemption Permit Request’’ on the Any applicant denied a moratorium permit, and that possesses, or lands per permit application at the top. A permit permit may appeal to the Regional trip, more than 40 lb (18.14 kg) and less issued under this paragraph (a)(3)(iii) Director within 30 days of the notice of than or including 400 lb (181.44 kg) of does not meet the requirements of denial. Any such appeal shall be in shucked meats, or the equivalent paragraph (a)(3)(i) of this section, but is writing. The only ground for appeal is amount of in-shell scallops (5 and 50 bu subject to the other provisions of this that the Regional Director erred in (176.2 L and 176.2 L), respectively), section. Persons issued an exemption concluding that the vessel did not meet except vessels that fish exclusively in permit must surrender it to the Regional the criteria in paragraph (a)(5)(i)(A)(1) of state waters for scallops, must carry on Director at least 1 day prior to the date this section. The appeal shall set forth board a valid general scallop permit. they wish to fish not subject to the the basis for the applicant’s belief that (3) Summer flounder vessels. Any exemption. The Regional Director may the Regional Director’s decision was vessel of the United States that fishes for impose temporary additional procedural made in error. or retains summer flounder in the EEZ requirements by publishing a (2) The appeal may be presented, at must have been issued and carry on notification in the Federal Register. the option of the applicant, at a hearing board a valid summer flounder permit, (4) Surf clam and ocean quahog before an officer appointed by the except for vessels other than party or vessels.—Any vessel of the United Regional Director. charter vessels that observe the States that fishes for surf clams or ocean (3) The hearing officer shall make a possession limit set forth in § 648.105. quahogs, except vessels taking surf recommendation to the Regional (i) Moratorium permits (applicable clams and ocean quahogs for personal Director. through 1997). (A) Eligibility. To be use or fishing exclusively within state (4) The decision on the appeal by the eligible to apply for a moratorium waters, must have been issued and carry Regional Director is the final decision of permit to fish for and retain summer on board a valid surf clam or ocean the Department of Commerce. flounder in excess of the possession quahog permit, respectively. (ii) Incidental catch permits. Any limit in § 648.105 in the EEZ, a vessel (5) Mackerel, squid, and butterfish vessel of the United States may obtain must have been issued a summer vessels—Beginning on January 1, 1997, a permit to fish for or retain up to 2,500 flounder moratorium permit in a any vessel of the United States, lb (1.13 mt) of Loligo squid or butterfish previous year or be replacing a vessel including party or charter vessels, that as an incidental catch in another that was issued a moratorium permit for fishes for, possesses, or lands mackerel, directed fishery. The incidental catch a previous year. squid, or butterfish in or from the EEZ, allowance may be revised by the (B) Application/renewal restriction. must have been issued and carry on Regional Director, based upon a No one may apply for a summer board a valid Loligo and butterfish recommendation by the Council, flounder moratorium permit for a vessel moratorium permit, incidental catch following the procedure set forth in after: permit, mackerel and Illex permit or § 648.21. (1) The owner retires the vessel from party/charter permit. This requirement (iii) Mackerel and Illex squid permits. the fishery. does not apply to recreational fishing Any vessel of the United States may (2) The vessel fails to land any vessels. Until January 1, 1997, vessels obtain a permit under this section to summer flounder at least once within that have been issued 1995 Federal fish for or retain Atlantic mackerel or any 52-consecutive-week period. mackerel, squid, and butterfish permits Illex squid in or from the EEZ. (C) Replacement vessels. To be and are not otherwise subject to permit (iv) Party and charter boat permits. eligible for a moratorium permit, the sanctions due to enforcement The owner of any party or charter boat replacement vessel must be replacing a proceedings, may fish for, possess, or must obtain a permit to fish for or retain vessel of substantially similar harvesting land mackerel, squid, or butterfish in or in or from the EEZ mackerel, squid, or capacity that is judged unseaworthy by from the EEZ. butterfish while carrying passengers for the USCG, for reasons other than lack of (i) Loligo squid and butterfish hire. maintenance, or that involuntarily left moratorium permits. (A) Eligibility. A (b) Permit conditions. Vessel owners the fishery during the moratorium. Both vessel is eligible for a moratorium who apply for a fishing vessel permit the entering and replaced vessels must permit to fish for and retain Loligo squid under this section must agree as a be owned by the same person. Vessel or butterfish in excess of the incidental condition of the permit that the vessel 34974 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations and vessel’s fishing activity, catch, and moratorium permits under this part (B) If the length, GRT, or NT was pertinent gear (without regard to shall provide information with the changed or a contract to change the whether such fishing occurs in the EEZ application sufficient for the Regional length, GRT, or NT been entered into or landward of the EEZ, and without Director to determine whether the vessel prior to May 1, 1996, such that it is regard to where such fish or gear are meets the applicable eligibility different from that stated in the vessel’s possessed, taken, or landed), are subject requirements specified in this section. most recent application for a Federal to all requirements of this part, unless (2) Information requirements. (i) An fisheries permit, sufficient exempted from such requirements application for a permit issued under documentation to ascertain the different under this part. All such fishing this section, in addition to the length, GRT, or NT. However, the activities, catch, and pertinent gear will information specified in paragraph (c)(1) upgrade must be completed within 1 remain subject to all applicable state of this section, also must contain at least year from the date when the contract for requirements. Except as otherwise the following information, and any the upgrade was signed. provided in this part, if a requirement other information required by the (iii) An application for a multispecies of this part and a management measure Regional Director: Vessel name; owner permit must also contain a copy of the required by a state or local law differ, name, mailing address, and telephone vendor installation receipt from a NMFS any vessel owner permitted to fish in number; USCG documentation number certified VTS vendor as described in the EEZ for any species managed under and a copy of the vessel’s current USCG § 648.9, if the vessel has been issued a this part must comply with the more documentation or, for a vessel not limited access multispecies restrictive requirement. Owners and required to be documented under title Combination Vessel permit or operators of vessels fishing under the 46 U.S.C., the vessel’s state registration individual DAS category permit, or if terms of a summer flounder moratorium number and a copy of the current state the applicant elects to use a VTS unit, permit must also agree, as a condition registration; a copy of the vessel’s although not required. of the permit, not to land summer current party/charter boat license (if (iv) An application for a limited flounder in any state that the Regional applicable); home port and principal access scallop permit must also contain Director has determined no longer has port of landing; length overall; GRT; NT; the following information: (A) For every person named by commercial quota available. A state not engine horsepower; year the vessel was applicants for limited access scallop receiving an allocation of summer built; type of construction; type of permits pursuant to paragraph (c)(2)(i) flounder shall be deemed to have no propulsion; approximate fish hold of this section, the names of all other commercial quota available. Owners or capacity; type of fishing gear used by vessels in which that person has an operators fishing for surf clams and the vessel; number of crew; number of ownership interest and for which a ocean quahogs within waters under the party or charter passengers licensed to limited access scallop permit has been jurisdiction of any state that requires carry (if applicable); permit category; if cage tags are not subject to any issued or applied for. the owner is a corporation, a copy of the (B) If applying for full-time or part- conflicting Federal minimum size or current Certificate of Incorporation or time limited access scallop permit, or if tagging requirements. If a surf clam and other corporate papers showing the date opting to use a VTS unit, though not ocean quahog requirement of this part of incorporation and the names of the required, a copy of the vendor differs from a surf clam and ocean current officers of the corporation, and installation receipt from a NMFS- quahog management measure required the names and addresses of all approved VTS vendor as described in by a state that does not require cage shareholders owning 25 percent or more § 648.9. tagging, any vessel owner or operator of the corporation’s shares; if the owner (C) If applying to fish under the small permitted to fish in the EEZ for surf is a partnership, a copy of the current dredge program set forth under clams and ocean quahogs must comply Partnership Agreement and the names § 648.51(e), an annual declaration into with the more restrictive requirement and addresses of all partners; if there is the program. while fishing in state waters. However, more than one owner, names of all (v) An application for a surf clam and surrender of a surf clam and ocean owners having a 25-percent interest or ocean quahog permit must also contain quahog vessel permit by the owner by more; the name and signature of the the pump horsepower. certified mail addressed to the Regional owner or the owner’s authorized (d) Fees. The Regional Director may Director allows an individual to comply representative; and permit number of charge a fee to recover administrative with the less restrictive state minimum any current or, if expired, previous expenses of issuing a permit required size requirement, so long as fishing is Federal fishery permit issued to the under this section. The amount of the conducted exclusively within state vessel. fee is calculated in accordance with the waters. (ii) An application for an initial procedures of the NOAA Finance (c) Vessel permit applications—(1) limited access multispecies hook-gear Handbook, available from the Regional General. Applicants for a permit under permit must also contain the following Director, for determining administrative this section must submit a completed information: costs of each special product or service. application on an appropriate form (A) If the engine horsepower was The fee may not exceed such costs and obtained from the Regional Director. changed or a contract to change the is specified with each application form. The application must be signed by the engine horsepower had been entered The appropriate fee must accompany owner of the vessel, or the owner’s into prior to May 1, 1996, such that it each application; if it does not, the authorized representative, and be is different from that stated in the application will be considered submitted to the Regional Director at vessel’s most recent application for a incomplete for purposes of paragraph (e) least 30 days before the date on which Federal fisheries permit before May 1, of this section. Any fee paid by an the applicant desires to have the permit 1996, sufficient documentation to insufficiently funded commercial made effective. The Regional Director ascertain the different engine instrument shall render any permit will notify the applicant of any horsepower. However, the engine issued on the basis thereof null and deficiency in the application pursuant replacement must be completed within void. to this section. Vessel owners who are 1 year of the date of when the contract (e) Issuance. (1) Except as provided in eligible to apply for limited access or for the replacement engine was signed. subpart D of 15 CFR part 904, the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34975

Regional Director shall issue a permit for reissuance, the name of the vessel, remain subject to all applicable state or within 30 days of receipt of the and the fishing permit number assigned. local requirements. Further, such application, unless the application is An application for a reissued permit operators must agree, as a condition of deemed incomplete for the following will not be considered a new this permit, that, if the permit is reasons: application. The fee for a reissued suspended or revoked pursuant to 15 (i) The applicant has failed to submit permit shall be the same as for an initial CFR part 904, the operator cannot be a complete application. An application permit. aboard any fishing vessel issued a is complete when all requested forms, (k) Transfer. Permits issued under this Federal fisheries permit or any vessel information, documentation, and fees, if part are not transferable or assignable. A subject to Federal fishing regulations applicable, have been received and the permit will be valid only for the fishing while the vessel is at sea or engaged in applicant has submitted all applicable vessel and owner for which it is issued. offloading. If a requirement of this part reports specified in § 648.7; (l) Display. The permit must be and a management measure required by (ii) The application was not received carried, at all times, on board the vessel state or local law differ, any operator by the Regional Director by the for which it is issued, and must be issued a permit under this part must applicable deadline set forth in this maintained in legible condition. The comply with the more restrictive section; permit shall be subject to inspection requirement. (iii) The applicant and applicant’s upon request by any authorized official. (d) Information requirements. An vessel failed to meet all applicable (m) Sanctions. The Assistant applicant must provide at least all the eligibility requirements set forth in this Administrator may suspend, revoke, or following information and any other section; modify, any permit issued or sought information required by the Regional (iv) The applicant applying for a under this section. Procedures Director: Name, mailing address, and limited access multispecies combination governing enforcement-related permit telephone number; date of birth; hair vessel or individual DAS permit, a full- sanctions or denials are found at subpart color; eye color; height; weight; social time or part-time limited access scallop D of 15 CFR part 904. security number (optional); and permit, or electing to use a VTS, has § 648.5 Operator permits. signature of the applicant. The applicant failed to meet all of the VTS (a) General. Any operator of a vessel must also provide two recent (no more requirements specified in §§ 648.9 and than 1 year old), color, passport-size 648.10; or fishing for or possessing sea scallops in excess of 40 lb (18.1 kg), NE photographs. (v) The applicant has failed to meet (e) Fees. Same as § 648.4(d). any other application requirements multispecies, Atlantic mackerel, squid (f) Issuance. Except as provided in stated in this part. or butterfish harvested in or from the subpart D of 15 CFR part 904, the (2) Incomplete applications. Upon EEZ, or issued a permit for these species Regional Director shall issue an receipt of an incomplete or improperly under this part, must have and carry on operator’s permit within 30 days of executed application for any permit board a valid operator permit issued receipt of a completed application, if the under this part, the Regional Director under this section. An operator permit criteria specified herein are met. Upon shall notify the applicant of the issued pursuant to part 649 shall satisfy receipt of an incomplete or improperly deficiency in the application. If the the permitting requirement of this executed application, the Regional applicant fails to correct the deficiency section. This requirement does not Director will notify the applicant of the within 30 days following the date of apply to operators of recreational deficiency in the application. If the notification, the application will be vessels. applicant fails to correct the deficiency considered abandoned. (b) Operator permit application. (f) Change in permit information. Any Applicants for a permit under this within 30 days following the date of change in the information specified in section must submit a completed notification, the application will be paragraph (c)(2) of this section must be application on an appropriate form considered abandoned. submitted by the applicant in writing to provided by the Regional Director. The (g) Expiration. Same as § 648.4(g). the Regional Director within 15 days of application must be signed by the (h) Duration. A permit is valid until the change, or the permit is void. applicant and submitted to the Regional it is revoked, suspended or modified (g) Expiration. A permit expires upon Director at least 30 days before the date under 15 CFR part 904, or otherwise the renewal date specified in the permit. upon which the applicant desires to expires, or the applicant has failed to (h) Duration. A permit will continue have the permit made effective. The report a change in the information on in effect unless it is revoked, suspended, Regional Director will notify the the permit application to the Regional or modified under 15 CFR part 904, or applicant of any deficiency in the Director as specified in paragraph (k) of otherwise expires, or ownership application, pursuant to this section. this section. changes, or the applicant has failed to (c) Condition. Vessel operators who (i) Reissuance. Reissued permits, for report any change in the information on apply for an operator’s permit under otherwise valid permits, may be issued the permit application to the Regional this section must agree as a condition of by the Regional Director when requested Director as specified in paragraph (f) of this permit that the operator and in writing by the applicant, stating the this section. However, the Regional vessel’s fishing, catch, crew size, and need for reissuance and the Federal Director may authorize the continuation pertinent gear (without regard to operator permit number assigned. An of a permit if the new owner so requests. whether such fishing occurs in the EEZ applicant for a reissued permit must Applications for permit continuations or landward of the EEZ, and without also provide two recent, color, passport- must be addressed to the Regional regard to where such fish or gear are size photos of the applicant. An Director. possessed, taken, or landed) are subject application for a reissued permit will (i) Alteration. Any permit that has to all requirements of this part while not be considered a new application. An been altered, erased, or mutilated is fishing in the EEZ or on board a vessel appropriate fee may be charged. invalid. for which a permit is issued under (j) Transfer. Permits issued under this (j) Reissuance. Permits may be issued § 648.4, unless exempted from such part are not transferable or assignable. A by the Regional Director when requested requirements under § 648.12. The vessel permit is valid only for the person to in writing by the owner, stating the need and all such fishing, catch, and gear will whom it is issued. 34976 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(k) Change in permit application application is complete when all (i) Summer flounder, scallop, NE information. Notice of a change in the requested forms, information, and multispecies and squid, mackerel and permit holder’s name, address, or documentation have been received and butterfish dealers must provide: Name telephone number must be submitted in the applicant has submitted all and mailing address of dealer, dealer writing to, and received by, the Regional applicable reports specified in § 648.7 number, name and permit number of the Director within 15 days of the change in during the 12 months immediately vessels from which fish are landed or information. If written notice of the preceding the application. Upon receipt received, dates of purchases, pounds by change in information is not received by of an incomplete or improperly species, price by species, and port the Regional Director within 15 days, executed application, the Regional landed. If no fish are purchased during the permit is void. Director will notify the applicant of the the week, a report so stating must be (l) Alteration. Same as § 648.4(i). deficiency in the application. If the submitted. All report forms must be (m) Display. Any permit issued under applicant fails to correct the deficiency signed by the dealer or other authorized this part must be maintained in legible within 30 days following the date of individual. condition and displayed for inspection notification, the application will be (ii) Surf clam and ocean quahog upon request by any authorized officer considered abandoned. processors and dealers must provide: or NMFS official. (f) Expiration. Same as § 648.4(g). Date of purchase or receipt; name, (n) Sanctions. Vessel operators with (g) Duration. A permit is valid until it permit number and mailing address; suspended or revoked permits may not is revoked, suspended, or modified number of bushels by species; cage tag be aboard a federally permitted fishing under 15 CFR part 904, or otherwise numbers; allocation permit number; vessel in any capacity while the vessel expires, or ownership changes, or the vessel name and permit number; price is at sea or engaged in offloading. applicant has failed to report any per bushel by species. Dealers must also Procedures governing enforcement change in the information on the permit report disposition of surf clams or ocean related permit sanctions and denials are application to the Regional Director as quahogs, including name and permit found at subpart D of 15 CFR part 904. required by paragraph (j) of this section. number of recipients. Processors must (o) Vessel owner responsibility. Vessel (h) Reissuance. Reissued permits, for also report size distribution and meat owners are responsible for ensuring that otherwise valid permits, may be issued yield per bushel by species. their vessels are operated by an by the Regional Director when requested (2) Annual report. All persons individual with a valid operator’s in writing by the applicant, stating the required to submit reports under permit issued under this section. need for reissuance and the Federal paragraph (a)(1) of this section are dealer permit number assigned. An required to submit the following § 648.6 Dealer/processor permits. application for a reissued permit will information on an annual basis, on (a) General. All NE multispecies, not be considered a new application. An forms supplied by the Regional Director: scallop, summer flounder, surf clam and appropriate fee may be charged. (i) Summer flounder, scallop, NE ocean quahog dealers, and surf clam and (i) Transfer. Permits issued under this multispecies, and squid, mackerel and ocean quahog processors must have part are not transferable or assignable. A butterfish dealers must complete the been issued and have in their permit is valid only for the person to ‘‘Employment Data’’ section of the possession a permit for such species whom, or other business entity to Annual Processed Products Reports; issued under this section. As of January which, it is issued. completion of the other sections of that 1, 1997, all mackerel, squid, and (j) Change in application information. form is voluntary. Reports must be butterfish dealers must have been issued Same as § 648.5(k). submitted to the address supplied by and have in their possession a valid (k) Alteration. Same as § 648.4(i). the Regional Director. dealers permit for those species. (l) Display. Same as § 648.5(m). (ii) Surf clam and ocean quahog (b) Dealer/processor permit (m) Federal versus state requirements. processors and dealers must provide the applications. Same as § 648.5(b). If a requirement of this part differs from average number of processing plant (c) Information requirements. a fisheries management measure employees during each month of the Applications must contain at least the required by state law, any dealer issued year just ended; average number of following information, and any other a Federal dealer permit must comply employees engaged in production of information required by the Regional with the more restrictive requirement. processed surf clam and ocean quahog Director: Company name, place(s) of (n) Sanctions. Same as § 648.4(m). products, by species, during each month business (principal place of business if of the year just ended; plant capacity to applying for a surf clam and ocean § 648.7 Recordkeeping and reporting process surf clam and ocean quahog quahog permit), mailing address(es) and requirements. shellstock, or to process surf clam and telephone number(s), owner’s name, (a) Dealers—(1) Weekly report. ocean quahog meats into finished dealer permit number (if a renewal), Federally-permitted dealers must send products, by species; an estimate, for the name and signature of the person by mail to the Regional Director, or next year, of such processing capacities; responsible for the truth and accuracy of official designee, on a weekly basis on and total payroll for surf clam and ocean the application, a copy of the certificate forms supplied by or approved by the quahog processing, by month. If the of incorporation if the business is a Regional Director a report of fish plant processing capacities described in corporation, and a copy of the purchases, except that surf clam and this paragraph (a)(2)(ii) change more Partnership Agreement and the names ocean quahog dealers or processors are than 10 percent during any year, the and addresses of all partners if the required only to report surf clam and processor shall promptly notify the business is a partnership. ocean quahog purchases. If authorized Regional Director. (d) Fees. Same as § 648.4(d). in writing by the Regional Director, (b) Vessel owners—(1) Fishing Vessel (e) Issuance. Except as provided in dealers may submit reports Log Reports—(i) Owners of vessels subpart D of 15 CFR part 904, the electronically or through other media. issued summer flounder moratorium, Regional Director will issue a permit at The following information, and any scallop, multispecies, or mackerel, any time during the fishing year to an other information required by the squid, and butterfish permits. The applicant, unless the applicant fails to Regional Director, must be provided in owner or operator of any vessel issued submit a completed application. An the report: a vessel permit for summer flounder Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34977 moratorium, scallops, NE multispecies, squid or butterfish permit, in which required reports and records at their or, as of January 1, 1997, a mackerel, case a fishing log report is required for principal place of business. squid, or butterfish vessel permit, must each trip regardless of species retained. (f) Submitting reports—(1) Dealer or maintain on board the vessel, and If authorized in writing by the Regional processor reports. Weekly dealer or submit, an accurate daily fishing log Director, vessel owners may submit processor reports must be received or report for all fishing trips, regardless of reports electronically, for example, by postmarked, if mailed, within 3 days species fished for or taken, on forms using a VTS or other media. At least the after the end of each reporting week. supplied by or approved by the Regional following information, and any other Each dealer will be sent forms and Director. If authorized in writing by the information required by the Regional instructions, including the address to Regional Director, vessel owners or Director, must be provided: Vessel which to submit reports, shortly after operators may submit reports name; USGC documentation number (or receipt of a dealer permit. If no fish or electronically, for example by using a state registration number, if fish product was purchased during a VTS or other media. At least the undocumented); permit number; date/ week, a report so stating must be following information, and any other time sailed; date/time landed; trip type; submitted. Annual reports for a calendar information required by the Regional number of crew; number of anglers; gear year must be submitted to NMFS Director, must be provided: Vessel fished; quantity and size of gear; chart Statistics, and must be postmarked by name; USCG documentation number (or area fished; average depth; latitude/ February 10 of the following year. state registration number, if longitude (or loran station and Contact the Regional Director for the undocumented); permit number; date/ bearings); average tow time duration; address of NMFS Statistics. time sailed; date/time landed; trip type; count, by species, of all species landed (2) Fishing vessel log reports. Fishing number of crew; number of anglers (if a or discarded; port and state landed; and log reports must be received or charter or party boat); gear fished; vessel operator’s name, signature, and postmarked, if mailed, within 15 days quantity and size of gear; mesh/ring operator permit number (if applicable). after the end of the reporting month. size; chart area fished; average depth; (c) When to fill out a log report. Log Each owner will be sent forms and latitude/longitude (or loran station and reports required by paragraph (b)(1)(i) of instructions, including the address to bearings); total hauls per area fished; this section must be filled out, except which to submit reports, shortly after average tow time duration; pounds, by for information required but not yet receipt of a Federal fisheries permit. If species, of all species landed or ascertainable, before offloading or no fishing trip is made during a month, discarded; dealer permit number; dealer landing has begun. All information must a report so stating must be submitted. name; date sold; port and state landed; be filled out before starting the next Annual reports must be submitted to and vessel operator’s name, signature, fishing trip. Log reports required by NMFS Statistics and must be and operator permit number (if paragraph (b)(1)(ii) of this section must postmarked by February 10 of the applicable). be filled out before landing any surf following year. (ii) Surf clam and ocean quahog clams or ocean quahogs. Log reports (3) At-sea purchasers, receivers, or vessel owners and operators. The owner required by paragraph (b)(1)(iii) of this processors. All persons purchasing, or operator of any vessel conducting any section must be filled out, except for receiving, or processing any summer surf clam and ocean quahog fishing information required but not yet flounder or mackerel, squid, and operations, except those conducted ascertainable, before offloading or butterfish at sea for landing at any port exclusively in waters of a state that landing has begun. All information of the United States must submit requires cage tags or when he/she has required in paragraph (b)(1)(iii) of this information identical to that required by surrendered the surf clam and ocean section must be filled out for each paragraph (a)(1) or (a)(2) of this section, quahog fishing vessel permit, shall as applicable, and provide those reports maintain, on board the vessel, an fishing trip by the end of each fishing trip. to the Regional Director or designee on accurate daily fishing log for each the same frequency basis. fishing trip, on forms supplied by the (d) Inspection. All persons required to Regional Director, showing at least: submit reports under this section, upon § 648.8 Vessel identification. Name and permit number of the vessel, the request of an authorized officer, or (a) Vessel name and official number. total amount in bushels of each species by an employee of NMFS designated by Each fishing vessel subject to this part taken, date(s) caught, time at sea, the Regional Director to make such and over 25 ft (7.6 m) in registered duration of fishing time, locality fished, inspections, must make immediately length must: crew size, crew share by percentage, available for inspection copies of the (1) Affix permanently its name on the landing port, date sold, price per bushel, required reports that have been port and starboard sides of the bow and, buyer, tag numbers from cages used, submitted, or should have been if possible, on its stern. quantity of surf clams and ocean submitted, and the records upon which (2) Display its official number on the quahogs discarded, and allocation the reports were based. At any time port and starboard sides of the permit number. during or after a trip, owners and deckhouse or hull, and on an (iii) Owners of party and charter operators must make immediately appropriate weather deck so as to be boats. The owner of any party or charter available for inspection the fishing log clearly visible from enforcement vessels boat issued a summer flounder permit reports currently in use, or to be and aircraft. The official number is the other than a moratorium permit and submitted. USCG documentation number or the carrying passengers for hire shall (e) Record retention. Copies of vessel’s state registration number for maintain on board the vessel, and reports, and records upon which the vessels not required to be documented submit, an accurate daily fishing log reports were based, must be retained under title 46 U.S.C. report for each charter or party fishing and be available for review for 1 year (b) Numerals. Except as provided in trip that lands summer flounder, unless after the date of the last entry on the paragraph (d) of this section, the official such a vessel is also issued a summer report. Copies of fishing log reports number must be displayed in block flounder moratorium permit, a sea must be retained and available for arabic numerals in contrasting color at scallop permit, a multispecies permit, review for 1 year after the date of the least 18 inches (45.7 cm) in height for or, as of January 1, 1997, a mackerel, last entry on the log. Dealers must retain fishing vessels over 65 ft (19.8 m) in 34978 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations registered length, and at least 10 inches (1) The VTS shall be tamper proof, NMFS requests and in a variety of (25.4 cm) in height for all other vessels i.e., shall not permit the input of false media (tape, floppy, etc.). over 25 ft (7.6 m) in registered length. positions; furthermore, if a system uses (c) Operating requirements. All The registered length of a vessel, for satellites to determine position, satellite required VTS units must transmit a purposes of this section, is that selection should be automatic to signal indicating the vessel’s accurate registered length set forth in USCG or provide an optimal fix and should not position at least every hour, 24 hours a state records. be capable of being manually day, throughout the year. (c) Duties of owner. The owner of each overridden by any person aboard a vessel subject to this part shall ensure fishing vessel or by the vessel owner. (d) Presumption. If a VTS unit fails to transmit an hourly signal of a vessel’s that— (2) The VTS shall be fully automatic position, the vessel shall be deemed to (1) The vessel’s name and official and operational at all times, regardless have incurred a DAS, or fraction thereof, number are kept clearly legible and in of weather and environmental for as long as the unit fails to transmit good repair. conditions. (2) No part of the vessel, its rigging, a signal, unless a preponderance of (3) The VTS shall be capable of its fishing gear, or any other object evidence shows that the failure to obstructs the view of the official number tracking vessels in all U.S. waters in the transmit was due to an unavoidable from any enforcement vessel or aircraft. Atlantic Ocean from the shoreline of malfunction or disruption of the (d) Non-permanent marking. Vessels each coastal state to a line 215 nm transmission that occurred while the carrying recreational fishing parties on a offshore and shall provide position vessel was declared out of the scallop per capita basis or by charter must use accuracy to within 400 m (1,300 ft). fishery or NE multispecies fishery, as markings that meet the above (4) The VTS shall be capable of applicable, or was not at sea. transmitting and storing information requirements, except for the (e) Replacement. Should a VTS unit requirement that they be affixed including vessel identification, date, require replacement, a vessel owner permanently to the vessel. The non- time, and latitude/longitude. must submit documentation to the permanent markings must be displayed (5) The VTS shall provide accurate Regional Director, within 3 days of in conformity with the above hourly position transmissions every day installation and prior to the vessel’s requirements. of the year. In addition, the VTS shall (e) New Jersey surf clam or ocean allow polling of individual vessels or next trip, verifying that the new VTS quahog vessels. Instead of complying any set of vessels at any time and unit is an operational approved system with paragraph (a) of this section, surf receive position reports in real time. For as described under paragraph (a)(1) of clam or ocean quahog vessels licensed the purposes of this specification, ‘‘real this section. under New Jersey law may use the time’’ shall constitute data that reflect a (f) Access. As a condition to obtaining appropriate vessel identification delay of 15 minutes or less between the a limited access scallop or multispecies markings established by that state. displayed information and the vessel’s permit, all vessel owners must allow actual position. NMFS, the USCG, and their authorized § 648.9 VTS requirements. (6) The VTS shall be capable of officers or designees access to the (a) Approval. The Regional Director providing network message vessel’s DAS and location data obtained will annually approve VTSs that meet communications between the vessel and from its VTS at the time of or after its the minimum performance criteria shore. The VTS shall allow NMFS to transmission to the vendor or receiver, specified in paragraph (b) of this initiate communications or data transfer as the case may be. section. Any changes to the performance at any time. criteria will be published annually in (g) Tampering. Tampering with a the Federal Register and a list of (7) The VTS vendor shall be capable VTS, a VTS unit, or a VTS signal, is approved VTSs will be published in the of transmitting position data to a NMFS- prohibited. Tampering includes any Federal Register upon addition or designated computer system via a activity that is likely to affect the unit’s deletion of a VTS from the list. In the modem at a minimum speed of 9600 ability to operate properly, signal, or event that a VTS is deleted from the list, baud. Transmission shall be in ASCII accuracy of computing the vessel’s vessel owners that purchased a VTS text in a file format acceptable to NMFS. position fix. (8) The VTS shall be capable of unit that is part of that VTS prior to § 648.10 DAS notification requirements. publication of the revised list will be providing vessel locations relative to considered to be in compliance with the international boundaries and fishery (a) VTS Demarcation Line. The VTS requirement to have an approved unit, management areas. Demarcation Line is defined by straight unless otherwise notified by the (9) The VTS vendor shall be capable lines connecting the following Regional Director. of archiving vessel position histories for coordinates in the order stated (a copy (b) Minimum VTS performance a minimum of 1 year and providing of a map showing the line is available criteria. The basic required features of transmission to NMFS of specified from the Regional Director upon the VTS are as follows: portions of archived data in response to request):

VTS DEMARCATION LINE

Description N. Long. W. Lat.

1. Northern terminus point (Canada landmass) ...... 45°03′ 66°47′ 2. A point east of West Quoddy Head Light ...... 44°48.9′ 66°56.1′ 3. A point east of Little River Light ...... 44°39.0′ 67°10.5′ 4. Whistle Buoy ``8BI'' (SSE of Baker Island) ...... 44°13.6′ 68°10.8′ 5. Isle au Haut Light ...... 44°03.9′ 68°39.1′ 6. Pemaquid Point Light ...... 43°50.2′ 69°30.4′ 7. A point west of Halfway Rock ...... 43°38.0′ 70°05.0′ 8. A point east of Cape Neddick Light ...... 43°09.9′ 70°34.5′ Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34979

VTS DEMARCATION LINEÐContinued

Description N. Long. W. Lat.

9. Merrimack River Entrance ``MR'' Whistle Buoy ...... 42°48.6′ 70°47.1′ 10. Halibut Point Gong Buoy ``1AHP'' ...... 42°42.0′ 70°37.5′ 11. Connecting reference point ...... 42°40′ 70°30′ 12. Whistle Buoy ``2'' off Eastern Point ...... 42°34.3′ 70°39.8′ 13. The Graves Light (Boston) ...... 42°21.9′ 70°52.2′ 14. Minots Ledge Light ...... 42°16.2′ 70°45.6′ 15. Farnham Rock Lighted Bell Buoy ...... 42°05.6′ 70°36.5′ 16. Cape Cod Canal Bell Buoy ``CC'' ...... 41°48.9′ 70°27.7′ 17. A point inside Cape Cod Bay ...... 41°48.9′ 70°05′ 18. Race Point Lighted Bell Buoy ``RP'' ...... 42°04.9′ 70°16.8′ 19. Peaked Hill Bar Whistle Buoy ``2PH'' ...... 42°07.0′ 70°06.2′ 20. Connecting point, off Nauset Light ...... 41°50′ 69°53′ 21. A point south of Chatham ``C'' Whistle Buoy ...... 41°38′ 69°55.2′ 22. A point in eastern Vineyard Sound ...... 41°30′ 70°33′ 23. A point east of Martha's Vineyard ...... 41°22.2′ 70°24.6′ 24. A point east of Great Pt. Light, Nantucket ...... 41°23.4′ 69°57′ 25. A point SE of Sankaty Head, Nantucket ...... 41°13′ 69°57′ 26. A point west of Nantucket ...... 41°15.6′ 70°25.2′ 27. Squibnocket Lighted Bell Buoy ``1'' ...... 41°15.7′ 70°46.3′ 28. Wilbur Point (on Sconticut Neck) ...... 41°35.2′ 70°51.2′ 29. Mishaum Point (on Smith Neck) ...... 41°31.0′ 70°57.2′ 30. Sakonnet Entrance Lighted Whistle Buoy ``SR'' ...... 41°25.7′ 71°13.4′ 31. Point Judith Lighted Whistle Buoy ``2'' ...... 41°19.3′ 71°28.6′ 32. A point off Block Island Southeast Light ...... 41°08.2′ 71°32.1′ 33. Shinnecock Inlet Lighted Whistle Buoy ``SH'' ...... 40°49.0′ 72°28.6′ 34. Scotland Horn Buoy ``S'', off Sandy Hook (NJ) ...... 40°26.5′ 73°55.0′ 35. Barnegat Lighted Gong Buoy ``2'' ...... 39°45.5′ 73°59.5′ 36. A point east of Atlantic City Light ...... 39°21.9′ 74°22.7′ 37. A point east of Hereford Inlet Light ...... 39°00.4′ 74°46′ 38. A point east of Cape Henlopen Light ...... 38°47′ 75°04′ 39. A point east of Fenwick Island Light ...... 38°27.1′ 75°02′ 40. A point NE of Assateague Island (VA) ...... 38°00′ 75°13′ 41. Wachapreague Inlet Lighted Whistle Buoy ``A'' ...... 37°35.0′ 75°33.7′ 42. A point NE of Cape Henry ...... 36°55.6′ 75°58.5′ 43. A point east of Currituck Beach Light ...... 36°22.6′ 75°48′ 44. Oregon Inlet (NC) Whistle Buoy ...... 35°48.5′ 75°30′ 45. Wimble Shoals, east of Chicamacomico ...... 35°36′ 75°26′ 46. A point SE of Cape Hatteras Light ...... 35°12.5′ 75°30′ 47. Hatteras Inlet Entrance Buoy ``HI'' ...... 35°10′ 75°46′ 48. Ocracoke Inlet Whistle Buoy ``OC'' ...... 35°01.5′ 76°00.5′ 49. A point east of Cape Lookout Light ...... 34°36.5′ 76°30′ 50. Southern terminus point ...... 34°35′ 76°41′

(b) VTS notification. Multispecies in § 648.9(a). If a vessel has already been under the DAS program, unless the vessels issued an individual DAS or issued a limited access permit without vessel’s owner or authorized combination permit, scallop vessels providing such documentation, the representative declares the vessel out of issued a full-time or part-time limited Regional Director shall allow at least 30 the scallop or NE multispecies fishery, access scallop permit, or scallop vessels days for the vessel to instal an as applicable, for a specific time period fishing under the small dredge program operational VTS unit that meets the by notifying the Regional Director specified in § 648.51(e), or vessels minimum performance criteria specified through the VTS prior to the vessel issued a limited access multispecies or in § 648.9(b), or as modified as specified leaving port. scallop permit and whose owners elect in § 648.9(a), and to provide (2) Part-time scallop vessels may not to fish under the VTS notification of this documentation of such installation to fish in the DAS allocation program paragraph (b), unless otherwise the Regional Director. The VTS unit unless they declare into the scallop authorized or required by the Regional shall be subject to the following fishery for a specific time period by Director under § 648.9(a), must have requirements and presumption: notifying the Regional Director through installed on board an operational VTS (1) Multispecies vessels issued an the VTS. unit that meets the minimum individual DAS or combination permit, (3) Notification that the vessel is not performance criteria specified in scallop vessels issued a full-time or under the DAS program must be § 648.9(b), or as modified as specified in part-time limited access scallop permit, received prior to the vessel leaving port. § 648.9(a). Owners of such vessels must or vessels issued a limited access A change in status of a vessel cannot be provide documentation to the Regional multispecies or scallop permit and made after the vessel leaves port or Director at the time of application for a whose owners elect to fish under the before it returns to port on any fishing limited access permit that the vessel has VTS notification of this paragraph (b), trip. an operational VTS unit that meets the that have crossed the VTS Demarcation (4) DAS for vessels that are under the minimum performance criteria specified Line specified under paragraph (a) of VTS notification requirements of this in § 648.9(b), or as modified as specified this section, are deemed to be fishing paragraph (b) are counted beginning 34980 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations with the first hourly location signal continue to accrue as long as the vessel name and permit number, and received showing that the vessel crossed vessel’s gillnet gear remains in the beginning and ending dates of the the VTS Demarcation Line leaving port. water. A trip concludes and accrual of exemption period. A trip concludes and accrual of DAS DAS ends for a gillnet vessel when the (ii) Remain under the exemption for a ends with the first hourly location vessel returns to port with all of its minimum of 7 days. signal received showing that the vessel gillnet gear that was in the water on (iii) If, under the exemption for a crossed the VTS Demarcation Line upon board, the phone call has been received, minimum of 7 days and wishing to its return to port. and confirmation has been given by the withdraw earlier than the designated (5) If the VTS is not available or not Regional Director. end of the exemption period, notify the functional, and if authorized by the (4) The Regional Director will furnish Regional Director of early withdrawal Regional Director, a vessel owner must a phone number for DAS notification from the program by calling the provide the notifications required by call-ins upon request. Regional Director, providing the vessel’s paragraphs (b)(1), (2), and (3) of this (5) Any vessel that possesses or lands name and permit number and the name section by using the call-in notification per trip more than 400 lb (181.44 kg) of and phone number of the caller, and system described under paragraph (c) of scallops, and any vessel issued a limited stating that the vessel is withdrawing this section, instead of using the VTS access multispecies permit subject to from the exemption. The vessel may not system. the DAS program and call-in leave port to fish in the EEZ until 48 (c) Call-in notification. Owners of requirement, that possesses or lands hours after notification of early vessels issued limited access regulated species, except as provided in withdrawal is received by the Regional multispecies permits who are § 648.83, shall be deemed in the DAS Director. participating in a DAS program and who program for purposes of counting DAS, (iv) The Regional Director will furnish are not required to provide notification regardless of whether the vessel’s owner a phone number for call-ins upon using a VTS, owners of scallop vessels or authorized representative provided request. qualifying for a DAS allocation under adequate notification as required by the occasional category and who have paragraph (b) of this section. § 648.11 At-sea sea sampler/observer not elected to fish under the VTS (d) Temporary authorization for use coverage. notification requirements of paragraph of the call-in system. The Regional (a) The Regional Director may request (b) of this section, and vessels fishing Director may authorize or require, on a any vessel holding a mackerel, squid, pending an appeal as specified in temporary basis, the use of the call-in and butterfish; scallop; NE multispecies; § 648.4(a)(1)(i)(H)(3) are subject to the system of notification specified in or summer flounder permit to carry a following requirements: paragraph (c) of this section. If use of NMFS-approved sea sampler/observer. (1) Prior to the vessel leaving port, the the call-in system is authorized or If requested by the Regional Director to vessel owner or authorized required, the Regional Director shall carry an observer or sea sampler, a representative must notify the Regional notify affected permit holders through a vessel may not engage in any fishing Director that the vessel will be letter, notification in the Federal operations in the respective fishery participating in the DAS program or the Register, or other appropriate means. unless an observer or sea sampler is on charter/party fishery by calling the (e) Charter/party multispecies vessels. board, or unless the requirement is Regional Director and providing the Charter/party multispecies vessels that waived. following information: Owner and caller are not fishing under a multispecies (b) If requested by the Regional name and phone number, vessel’s name DAS must declare into and out of the Director to carry an observer or sea and permit number, type of trip to be charter/party fishery, providing sampler, it is the responsibility of the taken, and that the vessel is beginning notification under paragraph (b) of this vessel owner to arrange for and facilitate a trip. For NE multispecies vessels, the section, must remain in the charter/ observer or sea sampler placement. port of departure also must be specified. party fishery for a minimum of 24 hours Owners of vessels selected for sea A DAS or a vessel’s participation in the after declaring into the fishery, and are sampler/observer coverage must notify charter/party fishery begins once the subject to the restrictions in § 648.89. the appropriate Regional or Science and call has been received and a (f) Scallop vessels fishing under Research Director, as specified by the confirmation number is given by the exemptions. Vessels fishing under the Regional Director, before commencing Regional Director. exemptions provided by § 648.54 (a) any fishing trip that may result in the (2) The confirmation number given by and/or (b) must notify the Regional harvest of resources of the respective the Regional Director must be kept on Director by VTS notification or through fishery. Notification procedures will be board for the duration of the trip and call-in notification as follows: specified in selection letters to vessel must be provided to an authorized (1) VTS notification. (i) Notify the owners. officer upon request. Regional Director, via their VTS, prior to (c) The Regional Director may waive (3) Upon the vessel’s return to port, the vessel’s first trip under the state the requirement to carry a sea sampler the vessel owner or owner’s waters exemption program, that the or observer if the facilities on a vessel representative must call the Regional vessel will be fishing exclusively in for housing the observer or sea sampler, Director and notify him/her that the trip state waters; and or for carrying out observer or sea has ended by providing the following (ii) Notify the Regional Director, via sampler functions, are so inadequate or information: Owner and caller name their VTS, prior to the vessel’s first unsafe that the health or safety of the and phone number, vessel’s name and planned trip in the EEZ, that the vessel observer or sea sampler, or the safe permit number, and that the vessel has is to resume fishing under the vessel’s operation of the vessel, would be ended a trip. For NE multispecies DAS allocation. jeopardized. vessels, the port of landing also must be (2) Call-in notification. (i) Notify the (d) An owner or operator of a vessel specified. A DAS ends for all but vessels Regional Director by calling the on which a NMFS-approved sea fishing with gillnet gear when the call Regional Director and providing the sampler/observer is embarked must: has been received and confirmation following information at least 7 days (1) Provide accommodations and food given by the Regional Director. For prior to fishing under the exemption: that are equivalent to those provided to vessels fishing with gillnet gear, DAS Owner and caller name and address, the crew. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34981

(2) Allow the sea sampler/observer § 648.12 Experimental fishing. (c) All persons are prohibited from access to and use of the vessel’s The Regional Director may exempt transferring or attempting to transfer NE communications equipment and any person or vessel from the multispecies or scallops from one vessel personnel upon request for the requirements of subparts B (Atlantic to another vessel, except in accordance transmission and receipt of messages mackerel, squid, and butterfish), D (sea with paragraph (b) of this section. related to the sea sampler’s/observer’s scallops), E (surf clams and ocean duties. quahogs), F (NE multispecies) or G § 648.14 Prohibitions. (3) Provide true vessel locations, by (summer flounder) of this part for the (a) In addition to the general latitude and longitude or loran conduct of experimental fishing prohibitions specified in § 600.725 of coordinates, as requested by the beneficial to the management of the this chapter, it is unlawful for any observer/sea sampler, and allow the sea resources or fishery managed under that person to do any of the following: sampler/observer access to and use of subpart. The Regional Director shall (1) Fail to report to the Regional the vessel’s navigation equipment and consult with the Executive Director of Director within 15 days any change in personnel upon request to determine the the MAFMC regarding such exemptions the information contained in an vessel’s position. for the Atlantic mackerel, squid, and applicable vessel, operator, or dealer/ processor permit application. (4) Notify the sea sampler/observer in butterfish and the summer flounder (2) Falsify or fail to affix and maintain a timely fashion of when fishing fisheries. vessel markings as required by § 648.8. operations are to begin and end. (a) The Regional Director may not grant such an exemption unless he/she (3) Make any false statement in (5) Allow for the embarking and connection with an application, debarking of the sea sampler/observer, determines that the purpose, design, and administration of the exemption is declaration, or report under this part. as specified by the Regional Director, (4) Fail to comply in an accurate and ensuring that transfers of observers/sea consistent with the objectives of the respective FMP, the provisions of the timely fashion with the log report, samplers at sea are accomplished in a reporting, record retention, inspection, safe manner, via small boat or raft, Magnuson Act, and other applicable law, and that granting the exemption and other requirements of § 648.7, or during daylight hours as weather and submit or maintain false information in sea conditions allow, and with the will not: (1) Have a detrimental effect on the records and reports required to be kept agreement of the sea samplers/ or filed under § 648.7. observers involved. respective resources and fishery; (2) Cause any quota to be exceeded; or (5) Alter, erase, or mutilate any permit (6) Allow the sea sampler/observer (3) Create significant enforcement issued under this part. free and unobstructed access to the problems. (6) Alter, erase, mutilate, duplicate or vessel’s bridge, working decks, holding (b) Each vessel participating in any cause to be duplicated, or steal any cage bins, weight scales, holds, and any other exempted experimental fishing activity tag issued under this part. space used to hold, process, weigh, or is subject to all provisions of the (7) Tamper with, damage, destroy, store fish. respective FMP, except those alter, or in any way distort, render (7) Allow the sea sampler/observer to necessarily relating to the purpose and useless, inoperative, ineffective, or inspect and copy any the vessel’s log, nature of the exemption. The exemption inaccurate the VTS, VTS unit, or VTS communications log, and records will be specified in a letter issued by the signal required to be installed on or associated with the catch and Regional Director to each vessel transmitted by vessel owners or distribution of fish for that trip. participating in the exempted activity. operators required to use a VTS by this (e) The owner or operator of a summer This letter must be carried on board the part. flounder vessel, if requested by the sea vessel seeking the benefit of such (8) Assault, resist, oppose, impede, sampler/observer also must: exemption. harass, intimidate, or interfere with or (1) Notify the sea sampler/observer of (c) Experimental fishing for surf clams bar by command, impediment, threat, or any sea turtles, marine mammals, or ocean quahogs will not require an coercion either a NMFS-approved summer flounder, or other specimens allocation permit. observer or sea sampler aboard a vessel taken by the vessel. conducting his or her duties aboard a § 648.13 Transfers at sea. (2) Provide the sea sampler/observer vessel, or an authorized officer (a) Only vessels issued a Loligo and with sea turtles, marine mammals, conducting any search, inspection, butterfish moratorium permit under summer flounder, or other specimens investigation, or seizure in connection § 648.4(a)(5) and vessels issued a taken by the vessel. with enforcement of this part. mackerel, squid, and butterfish (9) Refuse to carry an observer or sea (3) Provide storage for biological incidental catch permit and authorized sampler if requested to do so by the specimens, including cold storage if in writing by the Regional Director to do Regional Director. available, and retain such specimens on so, may transfer or attempt to transfer (10) To refuse reasonable assistance to board the vessel as instructed by the sea Loligo or butterfish from one vessel to either a NMFS-approved observer or sea sampler/observer, until retrieved by another vessel. sampler conducting his or her duties authorized NMFS personnel. (b) Vessels issued a multispecies aboard a vessel. (f) NMFS may accept observer permit under § 648.4(a)(1) or a scallop (11) Fish for surf clams or ocean coverage funded by outside sources if: permit under § 648.4(a)(2) are quahogs in any area closed to surf clam (1) All coverage conducted by such prohibited from transferring or or ocean quahog fishing. observers is determined by NMFS to be attempting to transfer any fish from one (12) Fish for, take, catch, harvest or in compliance with NMFS’ observer vessel to another vessel, except that land any species of fish regulated by guidelines and procedures. vessels issued a multispecies permit this part in or from the EEZ, unless the (2) The owner or operator of the under § 648.4(a)(1) and specifically vessel has a valid and appropriate vessel complies with all other authorized in writing by the Regional permit issued under this part and the provisions of this part. Director to do so, may transfer species permit is on board the vessel and has (3) The observer is approved by the other than regulated species from one not been surrendered, revoked, or Regional Director. vessel to another vessel. suspended. 34982 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(13) Purchase, possess or receive for a of the notification requirements (34) Operate or act as an operator of commercial purpose or attempt to specified in § 648.15(b). a vessel fishing for or possessing NE purchase possess or receive for a (26) Fish for, retain, or land both surf multispecies in or from the EEZ, or commercial purpose any species clams and ocean quahogs in or from the holding a multispecies permit without regulated under this part unless in EEZ on the same trip. having been issued and possessing a possession of a valid dealer permit (27) Fish for, retain, or land ocean valid operator’s permit. issued under this part, except that this quahogs in or from the EEZ on a trip (35) Fish with, use, or have on board prohibition does not apply to species designated as a surf clam fishing trip within the area described in that are purchased or received from a under § 648.15(b), or fish for, retain, or § 648.80(a)(1), nets of mesh whose size vessel not issued a permit under this land surf clams in or from the EEZ on is smaller than the minimum mesh size part and fishing exclusively in state a trip designated as an ocean quahog specified in § 648.80(a)(2), except as waters. fishing trip under § 648.15(b). provided in § 648.80(a) (3) through (6), (14) Produce, or cause to be produced, (28) Fail to offload any surf clams or (a)(8), (a)(9), (d), (e) and (i), or unless the cage tags required under this part ocean quahogs harvested in the EEZ vessel has not been issued a without written authorization from the from a trip discontinued pursuant to multispecies permit and fishes for NE Regional Director. § 648.15(b) prior to commencing fishing multispecies exclusively in state waters. (15) Tag a cage with a tag that has operations in waters under the (36) Fish with, use, or have available been rendered null and void or with a jurisdiction of any state. for immediate use within the area tag that has been previously used. (29) Land or possess any surf clams or described in § 648.80(b)(1), nets of mesh (16) Tag a cage of surf clams with an ocean quahogs harvested in or from the size smaller than the minimum size ocean quahog cage tag or tag a cage of EEZ in excess of, or without, an specified in § 648.80(b)(2), except as ocean quahogs with a surf clam cage tag. individual allocation. provided in § 648.80 (b)(3), (d), (e), and (17) Possess, import, export, transfer, (30) Transfer any surf clams or ocean (i), or unless the vessel has not been land, have custody or control of any quahogs harvested in or from the EEZ to issued a multispecies permit and fishes species of fish regulated pursuant to this any person for a commercial purpose, for multispecies exclusively in state part that do not meet the minimum size other than transport, without a surf clam waters. provisions in this part, unless such or ocean quahog processor or dealer (37) Fish with, use, or have available species were harvested exclusively permit. for immediate use within the area within state waters by a vessel not (31) Fish for, possess, or land NE described in § 648.80(c)(1), nets of mesh issued a permit under this part or whose multispecies, unless: size smaller than the minimum size permit has been surrendered in (i) The NE multispecies are being specified in § 648.80(c)(2), except as accordance with applicable regulations. fished for or were harvested in or from provided in § 648.8 (c)(3), (d), (e), and (18) Possess an empty cage to which the EEZ by a vessel holding a valid (i), or unless the vessel has not been a cage tag required by § 648.75 is affixed multispecies permit under this part, or issued a multispecies permit and fishes or possess any cage that does not a letter under § 648.4(a)(1), and the for NE multispecies exclusively in state contain surf clams or ocean quahogs and operator on board such vessel has been waters. to which a cage tag required by § 648.75 issued an operator’s permit and has a (38) Enter or be in the area described is affixed. valid permit on board the vessel; in § 648.81(a)(1) on a fishing vessel, (19) Land or possess, after offloading, (ii) The NE multispecies were except as provided in § 648.81(a) (2) and any cage holding surf clams or ocean harvested by a vessel not issued a (d). quahogs without a cage tag or tags multispecies permit that fishes for NE (39) Enter or be in the area described required by § 648.75, unless the person multispecies exclusively in state waters; in § 648.81(b)(1) on a fishing vessel, can demonstrate the inapplicability of or except as provided by § 648.81(b)(2). the presumption set forth in (iii) The NE multispecies were (40) Enter or be in the area described § 648.75(t)(1)(iii). harvested in or from the EEZ by a in § 648.81(c)(1), on a fishing vessel, (20) Sell null and void tags. recreational fishing vessel. except as provided in § 648.81 (c)(2) and (21) Shuck surf clams or ocean (32) Land, offload, remove, or (d)(2). quahogs harvested in or from the EEZ at otherwise transfer, or attempt to land, (41) Fail to comply with the gear- sea, unless permitted by the Regional offload, remove or otherwise transfer marking requirements of § 648.84. Director under the terms of § 648.74. multispecies from one vessel to another (42) Fish within the areas described in (22) Receive for a commercial purpose vessel, unless both vessels have not § 648.80(a)(4) with nets of mesh smaller other than transport, surf clams or ocean been issued multispecies permits and than the minimum size specified in quahogs harvested in or from the EEZ, both fish exclusively in state waters, or § 648.80(a)(2), unless the vessel is whether or not they are landed under an unless authorized in writing by the issued and possesses on board an allocation under § 648.70, unless issued Regional Director. authorizing letter issued under a dealer/processor permit under this (33) Sell, barter, trade, or otherwise § 648.80(a)(4)(i). part. transfer; or attempt to sell, barter, trade, (43) Violate any of the provisions of (23) Land unshucked surf clams or or otherwise transfer for a commercial § 648.80(a)(4), (5), (8), or (9). A violation ocean quahogs harvested in or from the purpose any NE multispecies from a of any of these paragraphs is a separate EEZ in containers other than cages from trip, unless the vessel is holding a violation. vessels capable of carrying cages. multispecies permit, or a letter under (44) Fish for, land, or possess NE (24) Offload unshucked surf clams or § 648.4(a)(1), and is not fishing under multispecies harvested by means of pair ocean quahogs harvested in or from the the charter/party vessel restrictions trawling or with pair trawl gear, except EEZ from vessels not capable of carrying specified in § 648.89, or unless the NE under the provisions of § 648.80(d), or cages other than directly into cages. multispecies were harvested by a vessel unless the vessels that engaged in pair (25) Fish for surf clams or ocean without a multispecies permit that trawling have not been issued quahogs in the EEZ without giving prior fishes for NE multispecies exclusively multispecies permits and fish for NE notification, or fail to comply with any in state waters. multispecies exclusively in state waters. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34983

(45) Fish for, harvest, possess, or land applicable to a vessel issued a purchase, possess, or receive for a in or from the EEZ northern shrimp, multispecies permit. commercial purpose, in the capacity of unless such shrimp were fished for or (56) Possess, or land per trip, scallops a dealer, scallops taken from a fishing harvested by a vessel meeting the in excess of 40 lb (18.14 kg) of shucked, vessel that were harvested in or from the requirements specified in § 648.80(a)(3). or 5 bu (176.2 L) of in-shell scallops, EEZ, unless issued, and in possession (46) Violate any terms of a letter unless: of, a valid scallop dealer’s permit. authorizing experimental fishing (i) The scallops were harvested by a (63) Purchase, possess, or receive for pursuant to § 648.12 or fail to keep such vessel that has been issued and carries commercial purposes, or attempt to letter on board the vessel during the on board a general or limited access purchase or receive for commercial period of the experiment. scallop permit; or purposes, scallops caught by a vessel (47) Fish for the species specified in (ii) The scallops were harvested by a other than one issued a valid limited § 648.80 (d) or (e) with a net of mesh vessel that has not been issued a scallop access or general scallop permit unless size smaller than the applicable mesh permit and fishes for scallops the scallops were harvested by a vessel size specified in § 648.80(a) (2), (b)(2), or exclusively in state waters. that has not been issued a scallop (c)(2), or possess or land such species, (57) Fish for, possess, or land per trip, permit and fishes for scallops unless the vessel is in compliance with scallops in excess of 400 lb (181.44 kg) exclusively in state waters. the requirements specified in § 648.80 of shucked, or 50 bu (176.2 L) of in-shell (64) Operate or act as an operator of (d) or (e), or unless the vessel has not scallops, unless: a vessel fishing for or possessing any been issued a multispecies permit and (i) The scallops were harvested by a species of fish regulated by this part in fishes for NE multispecies exclusively vessel that has been issued and carries or from the EEZ, or issued a permit in state waters. on board a limited access scallop pursuant to this part, without having (48) Violate any provision of § 648.88. permit, or a letter under been issued and possessing a valid (49) Violate any of the restrictions on § 648.4(b)(2)(viii)(F); or operator’s permit. (ii) The scallops were harvested by a fishing with scallop dredge gear (65) Possess in or harvest from the vessel that has not been issued a scallop specified in § 648.80(h). EEZ summer flounder, either in excess permit and fishes for scallops (50) Violate any of the provisions of of the possession limit specified in exclusively in state waters. § 648.80(i). § 648.105, or before or after the time (58) Fish for, possess, or land per trip, period specified in § 648.102, unless the (51) Obstruct or constrict a net as scallops in excess of 40 lb (18.14 kg) of vessel was issued a summer flounder described in § 648.80(g) (1) or (2). shucked, or 5 bu (176.2 L) of in-shell moratorium permit and the moratorium (52) Enter, be on a fishing vessel in, scallops, unless: or fail to remove gear from the EEZ (i) The scallops were harvested by a permit is on board the vessel and has portion of the areas described in vessel with an operator on board who not been surrendered, revoked, or § 648.81 (f)(1) through (h)(1) during the has been issued an operator’s permit suspended. time period specified, except as and the permit is on board the vessel (66) Possess nets or netting with mesh provided in § 648.81(d), (f)(2), (g)(2), and is valid; or not meeting the minimum mesh and (h)(2). (ii) The scallops were harvested by a requirement of § 648.104 if the person (53) Possess, land, or fish for vessel that has not been issued a scallop possesses summer flounder harvested in regulated species, except winter permit and fishes for scallops or from the EEZ in excess of the flounder as provided for in accordance exclusively in state waters. threshold limit of § 648.105(a). with § 648.80(i) and from or within the (59) Have a shucking or sorting (67) Purchase or otherwise receive, areas described in § 648.80(i), while in machine on board a vessel that shucks except for transport, summer flounder possession of scallop dredge gear on a scallops at sea, while in possession of from the owner or operator of a vessel vessel not fishing under the scallop DAS more than 400 lb (181.44 kg) of shucked issued a summer flounder moratorium program as described in § 648.53, or scallops, unless that vessel has not been permit, unless in possession of a valid fishing under a general scallop permit, issued a scallop permit and fishes summer flounder dealer permit. unless the vessel and the dredge gear exclusively in state waters. (68) Purchase or otherwise receive for conform with the stowage requirements (60) Land, offload, remove, or commercial purposes summer flounder of § 648.51 (a)(2)(ii) and (e)(2), or unless otherwise transfer, or attempt to land, caught by other than a vessel with a the vessel has not been issued a offload, remove or otherwise transfer, summer flounder moratorium permit multispecies permit and fishes for NE scallops from one vessel to another, not subject to the possession limit of multispecies exclusively in state waters. unless that vessel has not been issued a § 648.105. (54) Possess or land fish caught with scallop permit and fishes exclusively in (69) Purchase or otherwise receive for nets of mesh smaller than the minimum state waters. a commercial purpose summer flounder size specified in § 648.51, or with (61) Sell, barter or trade, or otherwise landed in a state after the effective date scallop dredge gear on a vessel not transfer, or attempt to sell, barter or published in the Federal Register fishing under the scallop DAS program trade, or otherwise transfer, for a notifying permit holders that described in § 648.54 of this chapter, or commercial purpose, any scallops from commercial quota is no longer available fishing under a general scallop permit, a trip whose catch is 40 lb (18.14 kg) of in that state. unless said fish are caught, possessed or shucked scallops or less, or 5 bu (176.1 (70) Fail to comply with any sea turtle landed in accordance with §§ 648.80 L) of in-shell scallops, unless the vessel conservation measure specified in and 648.86, or unless the vessel has not has been issued a valid general or § 648.106, including any sea turtle been issued a multispecies permit and limited access scallop permit, or the conservation measure implemented by fishes for NE multispecies exclusively scallops were harvested by a vessel that notification in the Federal Register in in state waters. has not been issued a scallop permit and accordance with § 648.106(d). (55) Purchase, possess, or receive as a fishes for scallops exclusively in state (71) Use any vessel of the United dealer, or in the capacity of a dealer, waters. States for taking, catching, harvesting, regulated species in excess of the (62) Purchase, possess, or receive for fishing for, or landing any Atlantic possession limit specified in § 648.86 a commercial purpose, or attempt to salmon taken from or in the EEZ. 34984 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(72) Transfer, directly or indirectly, or specified in § 648.86(c) after using up (3) Possess or land NE multispecies attempt to transfer to any vessel any the vessel’s annual DAS allocation or during the time period specified in Atlantic salmon taken in or from the when not participating under the DAS § 648.86(a)(2). EEZ. program pursuant to § 648.82, unless (e) In addition to the general (73) Take and retain, or land more otherwise exempted under prohibitions specified in § 600.725 of mackerel, squid, and butterfish than § 648.82(b)(3) or § 648.89. this chapter and in paragraphs (a) specified under a notice issued under (2) If required by § 648.10 to have a through (d) of this section, it is unlawful § 648.22. VTS unit: for any person owning or operating a (74) Possess nets or netting with mesh (i) Fail to have a certified, operational, vessel issued a multispecies possession not meeting the minimum size and functioning VTS unit that meets the limit permit for scallops to possess or requirement of § 648.23 and not stowed specifications of § 648.9 on board the land more than the possession limit of in accordance with the requirements of vessel at all times. regulated species specified at § 648.88(c) § 648.23, if in possession of Loligo (ii) Fail to comply with the or to possess or land regulated species harvested in or from the EEZ. notification, replacement, or any other when not fishing under a scallop DAS. (75) Transfer Loligo or butterfish requirements regarding VTS usage as (f) In addition to the general within the EEZ, unless the vessels specified in § 648.10(a). prohibitions specified in § 600.725 of participating in the transfer have been (3) Combine, transfer, or consolidate this chapter and in paragraph (a) of this issued valid Loligo and butterfish DAS allocations. section, it is unlawful for any person moratorium permits or valid letters of (4) Fish for, possess, or land NE owning or operating a vessel issued a authorization from the Regional multispecies with or from a vessel that limited access scallop permit or a Director. has had the horsepower of such vessel general scallop permit under (76) Purchase, possess or receive for a or its replacement upgraded or § 648.4(a)(2) to land, or possess at or commercial purpose, or attempt to increased in excess of the limitations after landing, in-shell scallops smaller purchase, possess, or receive for a specified in § 648.4(a)(1)(i) (E) and (F). than the minimum shell height commercial purpose, in the capacity of (5) Fish for, possess, or land NE specified in § 648.50(a). a dealer, except for transport on land, multispecies with or from a vessel that (g) In addition to the general mackerel, squid, and butterfish taken has had the length, GRT, or NT of such prohibitions specified in § 600.725 of from a fishing vessel unless issued, and vessel or its replacement increased or this chapter and the prohibitions in possession of a valid mackerel, squid, upgraded in excess of limitations specified in paragraphs (a) through (f) of and butterfish fishery dealer permit. specified in § 648.4(a)(1)(i) (E) and (F). this section, it is unlawful for the owner (77) Purchase or otherwise receive for (6) Fail to comply with any or operator of a charter or party boat a commercial purpose, mackerel, squid, requirement specified in § 648.10. issued a multispecies permit, or of a and butterfish caught by other than a (7) Possess or land per trip more than recreational vessel, as applicable, to: vessel issued a mackerel, squid, and the possession limit specified under (1) Fish with gear in violation of the butterfish permit, unless the vessel has § 648.8 if the vessel has been issued a restrictions specified in § 648.89(a). not been issued a permit under this part limited access multispecies permit. (2) Possess cod and haddock in excess and fishes exclusively within the waters (8) Fail to comply with the of the possession limits specified in under the jurisdiction of any state. restrictions on fishing and gear specified § 648.89(c). (78) Land any scup harvested in or in § 648.82(b)(4), if the vessel has been (3) Sell, trade, barter, or otherwise from the EEZ in fillet form with the skin issued a limited access multispecies transfer, or attempt to sell, trade, barter removed. hook-gear permit. or otherwise transfer, NE multispecies (79) Violate any other provision of (9) Fail to declare, and be, out of the for a commercial purpose as specified in this part, the Magnuson Act, or any NE multispecies fishery as required by § 648.89(d). regulation, notice, or permit issued § 648.82(g), using the procedure (h) In addition to the general under the Magnuson Act. described under § 648.82(h), as prohibitions specified in § 600.725 of (b) In addition to the general applicable. this chapter and in paragraphs (a) and prohibitions specified in § 600.725 of (10) Land, or possess on board a (g) of this section, it is unlawful for any this chapter and in paragraph (a) of this vessel, more than the possession limit of person owning or operating a vessel section, it is unlawful for any person winter flounder specified in § 648.86(b), issued a limited access scallop permit owning or operating a vessel holding a or violate any of the other provisions under § 648.4(a)(2) to do any of the multispecies permit, issued an specified of § 648.86(b). following: operator’s permit, or issued a letter (d) In addition to the general (1) Possess, or land per trip, more under § 648.4(a)(1)(i)(H)(3), to land, or prohibitions specified in § 600.725 of than 400 lb (181.44 kg) of shucked, or possess on board a vessel, more than the this chapter and in paragraphs (a), (b), 50 bu (176.2 L) of in-shell scallops after possession limits specified in and (c) of this section, it is unlawful for using up the vessel’s annual DAS § 648.86(a), or violate any of the other any person owning or operating a vessel allocation or when not participating provisions of § 648.86. issued a multispecies handgear permit under the DAS program pursuant to (c) In addition to the general to do any of the following: § 648.10, unless exempted from DAS prohibitions specified in § 600.725 of (1) Possess, at any time during a trip, allocations as provided in § 648.54. this chapter and in paragraphs (a) and or land per trip, more than the (2) Land scallops on more than one (b) of this section, it is unlawful for any possession limit of regulated species trip per calendar day after using up the person owning or operating a vessel specified in § 648.88(a), unless the vessel’s annual DAS allocation or when issued a limited access multispecies regulated species were harvested by a not participating under the DAS permit or a letter under charter or party vessel. program pursuant to § 648.10, unless § 648.4(a)(1)(i)(H)(3), to do any of the (2) Use, or possess on board, gear exempted from DAS allocations as following: capable of harvesting NE multispecies, provided in § 648.55. (1) Fish for, possess at any time other than rod and reel or handline, (3) Fail to have an approved, during a trip, or land per trip more than while in possession of, or fishing for, NE operational, and functioning VTS unit the possession limit of regulated species multispecies. that meets the specifications of § 648.9 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34985 on board the vessel at all times, unless minimum sizes smaller than those (i) In addition to the general the vessel is not subject to the VTS specified in § 648.51(b)(3). prohibitions specified in § 600.725 of requirements specified in § 648.10. (15) Possess more than 40 lb (18.14 this chapter and in paragraphs (a), (f), (4) If the vessel is not subject to VTS kg) of shucked, or 5 bu (176.2 L) of in- and (g) of this section, it is unlawful for requirements specified in § 648.10(a), shell scallops, or participate in the DAS any person owning or operating a vessel fail to comply with the requirements of allocation program, while in possession issued a general scallop permit to do the call-in system specified in of dredge gear that uses links between any of the following: § 648.10(b). rings of the gear or ring configurations (1) Possess, or land per trip, more (5) Combine, transfer, or consolidate that do not conform to the specifications than 400 lb (181.44 kg) of shucked, or DAS allocations. described in § 648.51(b)(4)(ii). 50 bu (176.2 L) of in-shell scallops. (6) Have an ownership interest in (16) Possess more than 40 lb (18.14 (2) Possess more than 40 lb (18.14 kg) more than 5 percent of the total number kg) of shucked, or 5 bu (176.2 L) of in- of shucked, or 5 bu (176.2 L) of in-shell of vessels issued limited access scallop shell scallops, or participate in the DAS scallops while in possession of, or fish permits, except as provided in allocation program, while in possession for scallops with, dredge gear that has § 648.4(a)(2)(i)(H). of dredge gear that uses cookies or a maximum combined dredge width (7) Fish for, possess, or land scallops chafing gear, or other gear, means, or exceeding 31 ft (9.4 m), measured at the with or from a vessel that has had the devices on the top half of a dredge that widest point in the bail of each dredge, horsepower of such vessel or its obstruct the openings in or between the except as specified in § 648.51(b)(1). replacement upgraded or increased in rings, except as specified in (3) Possess more than 40 lb (18.14 kg) excess of the limitations specified in § 648.51(b)(4). of shucked, or 5 bu (176.1 L) of in-shell § 648.4(a)(2)(i) (E) or (F). (17) Participate in the DAS allocation scallops while in possession of, or fish (8) Fish for, possess, or land scallops program with more than the number of for scallops with, dredge gear that uses with or from a vessel that has had the persons specified in § 648.51(c), net or net material on the top half of the length, GRT, or NT of such vessel or its including the operator, on board when dredge of a minimum mesh size smaller replacement increased or upgraded in the vessel is not docked or moored in than that specified in § 648.51(b)(2). (4) Possess more than 40 lb (18.14 kg) excess of limitations specified in port, unless otherwise authorized by the of shucked, or 5 bu (176.1 L) of in-shell § 648.4(a)(2)(i) (E) or (F). Regional Director. (9) Possess more than 40 lb (18.14 kg) scallops while in possession of, or fish (18) Fish under the small dredge of shucked, or 5 bu (176.2 L) of in-shell for scallops with, dredge gear containing program specified in § 648.51(e), with, scallops or participate in the DAS rings that have minimum sizes smaller or while in possession of, a dredge that allocation program, while in possession than those specified in § 648.51(b)(3). exceeds 10.5 ft (3.2 m) in overall width, of trawl nets that have a maximum (5) Possess more than 40 lb (18.14 kg) as measured at the widest point in the sweep exceeding 144 ft (43.9 m), as of shucked, or 5 bu (176.2 L) of in-shell bail of the dredge. measured by the total length of the scallops while in possession of, or fish (19) Fish under the small dredge footrope that is directly attached to the for scallops with, dredge gear that uses program as specified in § 648.51(e) with webbing of the net, except as specified links between rings of the gear or ring more than five persons, including the in § 648.51(a)(2)(iii). configurations that do not conform to (10) Fish under the DAS allocation operator, aboard the vessel, unless the specifications described in program with, or have available for otherwise authorized by the Regional § 648.51(b)(4)(ii). immediate use, trawl nets of mesh Director. (6) Possess more than 40 lb (18.14 kg) smaller than the minimum size (20) Have a shucking or sorting of shucked, or 5 bu (176.2 L) of in-shell specified in § 648.51(a)(2). machine on board a vessel that shucks scallops while in possession of, or fish (11) Fish under the DAS allocation scallops at sea while fishing under the for scallops with, dredge gear that uses program with trawl nets that use chafing DAS allocation program, unless cookies or chafing gear, or other gear, gear or other means or devices that do otherwise authorized by the Regional means, or devices on the top half of a not meet the requirements of Director. dredge that obstruct the openings in or § 648.51(a)(3). (21) Refuse or fail to carry an observer between the rings, except as specified in (12) Possess more than 40 lb (18.14 if requested to do so by the Regional § 648.51(b)(4). kg) of shucked, or 5 bu (176.2 L) of in- Director. (7) Fish for, or land, more than 40 lb shell scallops or participate in the DAS (22) Fail to provide an observer with (18.14 kg) of scallops on more than one allocation program, while in possession required food, accommodations, access, trip per calendar day. of dredge gear that has a maximum and assistance, as specified in § 648.11. (j) In addition to the general combined dredge width exceeding 31 ft (23) Fail to comply with any prohibitions specified in § 600.725 of (9.4 m), measured at the widest point in requirement for declaring in and out of this chapter and in paragraph (a) of this the bail of each dredge, except as the DAS allocation program as specified section, it is unlawful for any person specified in § 648.51(b)(1). in § 648.10. owning or operating a vessel issued a (13) Possess more than 40 lb (18.14 (24) Fail to comply with any summer flounder permit (including kg) of shucked, or 5 bu (176.1 L) of in- requirement for participating in the DAS moratorium permit) to do any of the shell scallops, or fish under the DAS Exemption Program as specified in following: allocation program, while in possession § 648.54. (1) Possess 100 lb or more (45.4 kg or of dredge gear that uses net or net (25) Fish with, possess on board, or more) of summer flounder between May material on the top half of the dredge of land scallops while in possession of 1 and October 31, or 200 lb or more a minimum mesh size smaller than that trawl nets, when fishing for scallops (90.7 kg or more) of summer flounder specified in § 648.51(b)(2). under the DAS allocation program, between November 1 and April 30, (14) Possess more than 40 lb (18.14 unless exempted as provided for in unless the vessel meets the minimum kg) of shucked, or 5 bu (176.1 L) of in- § 648.51(f). mesh size requirement specified in shell scallops, or fish under the DAS (26) Fail to comply with the § 648.104(a), or is fishing in the allocation program, while in possession restriction on twine top described in exempted area with an exemption of dredge gear containing rings that have § 648.51(b)(4)(iv). permit as specified in § 648.104(b)(1), or 34986 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations holds an exemption permit and is in minimum mesh requirement specified (3) Take, retain, or land mackerel, transit from the exemption area with in § 648.124(a), unless the nets or squid, or butterfish after a total closure nets properly stowed as specified in netting are stowed in accordance with specified under § 648.22. § 648.104(f), or is fishing with exempted § 648.23(b). (4) Fish with or possess nets or gear specified in § 648.104(b)(2). (3) Engage in recreational fishing in netting that do not meet the minimum (2) Possess summer flounder in other the EEZ while simultaneously mesh requirement for Loligo specified in than a box specified in § 648.105(d) if conducting commercial fishing § 648.23(a), or that are modified, fishing with nets having mesh that does operations. obstructed, or constricted, if subject to not meet the minimum mesh-size (l) It is unlawful for the owner or the minimum mesh requirement, unless requirement specified in § 648.104(a), operator of any recreational fishing the nets or netting are stowed in unless the vessel is fishing pursuant to vessel, including party or charter boats, accordance with § 648.23(b) or the the exemptions specified in to possess scup harvested in or from the vessel is fishing under an exemption § 648.104(b). EEZ smaller than the minimum size specified in § 648.23(a). (3) Land summer flounder for sale in limit for recreational fishermen (5) Transfer squid or butterfish at sea a state after the effective date of the specified in § 648.125(b). to another vessel, unless that other notification in the Federal Register (m) It is unlawful for the owner and vessel has been issued a valid Loligo notifying permit holders that operator of a party or charter boat issued squid and butterfish fishery moratorium commercial quota is no longer available a summer flounder permit (including permit or a letter of authorization by the in that state. moratorium permit), when the boat is Regional Director. (4) Fish with or possess nets or carrying passengers for hire or carrying (6) Fail to comply with any measures netting that do not meet the minimum more than three crew members if a implemented pursuant to § 648.21. mesh requirement, or that are modified, charter boat or more than five members (7) Carry passengers for hire while obstructed or constricted, if subject to if a party boat, to: fishing commercially under a mackerel, the minimum mesh requirement (1) Possess summer flounder in excess squid, and butterfish fishery permit. specified in § 648.104, unless the nets or of the possession limit established (8) Fail to carry on board a letter of netting are stowed in accordance with pursuant to § 648.105. authorization, if fishing in an § 648.104(f). (2) Fish for summer flounder other experimental fishery pursuant to (5) Fish with or possess nets or than during a season specified pursuant § 648.12. netting that do not meet the minimum to § 648.102. (q) It is unlawful for the owner and mesh requirement, or that are modified, (3) Sell or transfer summer flounder to operator of a party or charter boat issued obstructed or constricted, if fishing with another person for a commercial a mackerel, squid, and butterfish fishery an exempted net described in § 648.104, purpose. permit (including a moratorium permit), unless the nets or netting are stowed in (n) It is unlawful to violate any terms when the boat is carrying passengers for accordance with § 648.104(f). of a letter authorizing experimental hire, to do any of the following: (6) Fish west or south, as appropriate, fishing pursuant to § 648.12 or to fail to (1) Violate any recreational fishing of the line specified in § 648.104(b)(1) if keep such letter aboard the vessel measures established pursuant to exempted from the minimum mesh during the time period of the § 648.21(d). requirement specified in § 648.104 by a experimental fishing. (2) Sell or transfer mackerel, squid, or summer flounder exemption permit. (o) In addition to the general butterfish to another person for a (7) Sell or transfer to another person prohibitions specified in § 600.725 of commercial purpose. for a commercial purpose, other than this chapter and in paragraph (a) of this (r) It is unlawful for any person to transport, any summer flounder, unless section, it is unlawful for any person violate any terms of a letter authorizing the transferee has a valid summer owning or operating a vessel issued a experimental fishing pursuant to flounder dealer permit. surf clam and ocean quahog permit or § 648.11 or to fail to keep such letter on (8) Carry passengers for hire, or carry issued a surf clam and ocean quahog board the vessel during the period of the more than three crew members for a allocation permit under § 648.70, to experiment. charter boat or five crew members for a land or possess any surf clams or ocean (s) Any person possessing or landing party boat, while fishing commercially quahogs in excess of, or without, an per trip, scallops in excess of 40 lb pursuant to a summer flounder individual allocation, or to transfer any (18.14 kg) of shucked, or 5 bu (176.1 L) moratorium permit. surf clams or ocean quahogs to any of in-shell scallops, at or prior to the (k) In addition to the general person for a commercial purpose other time when those scallops are received or prohibitions specified in § 600.725 of than transport, unless that person has a possessed by a dealer, is subject to all this chapter, it is unlawful for any surf clam and ocean quahog processor/ of the scallop prohibitions specified in person owning or operating a vessel dealer permit. this section, unless the scallops were fishing commercially for scup that are (p) In addition to the general harvested by a vessel without a scallop harvested in or from the EEZ, to do any prohibitions specified in § 600.725 of permit that fishes for scallops of the following: this chapter, it is unlawful for any exclusively in state waters. Any person, (1) Possess 4,000 lb or more (1,814.4 person owning or operating a vessel regardless of the quantity of scallops kg or more) of scup harvested in or from issued a valid mackerel, squid, and possessed or landed, is subject to the the EEZ, unless the vessel meets the butterfish fishery permit, or issued an prohibitions of paragraphs (a)(4) minimum mesh size requirement operator’s permit, to do any of the through (7), (10), (11), (68), (69), (71), specified in § 648.124(a). following: (72), (73), and (87) of this section. (2) Fish with or possess nets or (1) Possess more than the incidental (t) For purposes of this section, the netting in the EEZ that do not meet the catch allowance of Loligo or butterfish, following presumptions apply: minimum mesh requirement, or that are unless issued a Loligo squid and (1) Surf clams and ocean quahogs. (i) modified, obstructed, constricted, or butterfish fishery moratorium permit. Possession of surf clams or ocean constructed with mesh in which the (2) Take, retain, or land mackerel, quahogs on the deck of any fishing bars entering or exiting the knots twist squid, or butterfish in excess of a trip vessel in closed areas, or the presence around each other, if subject to the allowance specified under § 648.22. of any part of a vessel’s gear in the water Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34987 in closed areas, or the presence of any were harvested by a vessel not issued a Subpart BÐManagement Measures for part of a vessel’s gear in the water more permit under this part and fishing the Atlantic Mackerel, Squid, and than 12 hours after an announcement exclusively within state waters. This Butterfish Fisheries closing the entire fishery becomes presumption does not apply to fish effective, is prima facie evidence that being sorted on deck. § 648.20 Maximum optimum yield (OYs). The OYs specified pursuant to such vessel was fishing in violation of (5) Mackerel, squid, and butterfish. § 648.21 during a fishing year may not the provisions of the Magnuson Act and All mackerel and butterfish possessed exceed the following amounts: these regulations. on board a party or charter boat issued (ii) Surf clams or ocean quahogs (a) Mackerel—that quantity of a mackerel, squid, and butterfish fishery landed from a trip for which notification mackerel that is less than or equal to the was provided under § 648.15(b) or permit are deemed to have been allowable biological catch (ABC) in U.S. § 648.70(b) are deemed to have been harvested from the EEZ. waters specified pursuant to § 648.21. harvested in the EEZ and count against § 648.15 Facilitation of enforcement. (b) Loligo—36,000 mt (79,362,000 lb). the individual’s annual allocation. (c) Illex—30,000 mt (66,135,000 lb). (iii) Surf clams or ocean quahogs (a) General. See § 600.504 of this (d) Butterfish—16,000 mt (35,272,000 found in cages without a valid state tag chapter. lb). are deemed to have been harvested in (b) Special notification requirements the EEZ, and to be part of an § 648.21 Procedures for determining initial applicable to surf clam and ocean annual amounts. individual’s allocation, unless such quahog vessel owners and operators. (1) individual demonstrates that he/she has (a) Initial recommended annual Vessel owners or operators are required specifications. The Atlantic Mackerel, surrendered his/her surf clam and ocean to call the NMFS Office of Law quahog vessel permit issued under Squid, and Butterfish Monitoring Enforcement nearest to the point of Committee (Monitoring Committee) § 648.4 and has conducted fishing offloading (contact the Regional Director operations exclusively within waters shall meet annually to develop and for locations and phone numbers) and recommend the following specifications under the jurisdiction of any state. Surf accurately provide the following clams and ocean quahogs in cages with for consideration by the Mackerel, information prior to the departure of Squid, and Butterfish Committee of the a Federal tag or tags, issued and still their vessel from the dock to fish for surf valid pursuant to this section, affixed MAFMC: (1) Initial OY (IOY), domestic clams or ocean quahogs in the EEZ: thereto are deemed to have been annual harvest (DAH), and domestic Name of the vessel; NMFS permit harvested by the individual allocation annual processing (DAP) for the squids; number assigned to the vessel; expected holder to whom the tags were issued or (2) IOY, DAH, DAP, and bycatch level date and time of departure from port; transferred under § 648.70(d)(2) or of the total allowable level of foreign whether the trip will be directed on surf § 648.75(b). fishing (TALFF), if any, for butterfish; (2) Scallops. Scallops that are clams or ocean quahogs; expected date, and (3) IOY, DAH, DAP, joint venture possessed or landed at or prior to the time, and location of landing; and name processing (JVP), if any, and TALFF, if time when the scallops are received by of the individual providing notice. any, for mackerel. The Monitoring a dealer, or scallops that are possessed (2) Owners or operators that have Committee may also recommend that by a dealer, are deemed to be harvested given notification of a fishing trip under certain ratios of TALFF, if any, for from the EEZ, unless the preponderance this paragraph (b) who decide to cancel mackerel to purchases of domestic of all submitted evidence demonstrates or postpone the trip prior to departure harvested fish and/or domestic that such scallops were harvested by a must immediately provide notice of processed fish be established in relation vessel without a scallop permit and cancellation by telephone to the Office to the initial annual amounts. fishing exclusively for scallops in state of Law Enforcement to which the (b) Guidelines. As the basis for its waters. original notification was provided. A recommendations under paragraph (a) (3) Summer flounder. All summer separate notification shall be provided of this section, the Monitoring flounder possessed aboard a party or for the next fishing trip. Owners or Committee shall review available data charter boat issued a summer flounder operators that discontinue a fishing trip pertaining to: Commercial and permit are deemed to have been in the EEZ must immediately provide recreational landings, discards, current harvested from the EEZ. notice of discontinuance by telephone estimates of fishing mortality, stock (4) NE multispecies. (i) Regulated to the Office of Law Enforcement to status, the most recent estimates of species possessed for sale that do not which the original notification was recruitment, virtual population analysis meet the minimum sizes specified in provided. The owner or operator results, levels of noncompliance by § 648.83 for sale are deemed to have providing notice of discontinuance shall harvesters or individual states, impact been taken or imported in violation of advise of any changes in landing time or of size/mesh regulations, results of a these regulations, unless the port of landing. The owner or operator survey of domestic processors and joint preponderance of all submitted discontinuing a fishing trip in the EEZ venture operators of estimated mackerel evidence demonstrates that such fish must return to port and offload any surf processing capacity and intent to use were harvested by a vessel not issued a clams or ocean quahogs prior to that capacity, results of a survey of permit under this part and fishing commencing fishing operations in the fishermen’s trade associations of exclusively within state waters. This waters under the jurisdiction of any estimated mackerel harvesting capacity presumption does not apply to fish state. and intent to use that capacity, and any being sorted on deck. other relevant information. The (ii) Regulated species possessed for (3) The vessel permits, the vessel, its specifications recommended pursuant sale that do not meet the minimum sizes gear, and catch shall be subject to to paragraph (a) of this section must be specified in § 648.83 for sale are deemed inspection upon request by an consistent with the following: taken from the EEZ or imported in authorized officer. (1) Squid. (i) The ABC for any fishing violation of these regulations, unless the year must be either the maximum OY § 648.16 Penalties. preponderance of all submitted specified in § 648.20, or a lower amount, evidence demonstrates that such fish See § 600.735. if stock assessments indicate that the 34988 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations potential yield is less than the establishing an ABC less than the specifications will not be exceeded and maximum OY. maximum OY for the fishing year. This providing a 30-day public comment (ii) IOY is a modification of ABC level represents the modification of period. If the proposed specifications based on social and economic factors. maximum OY to reflect biological and differ from those recommended by the (2) Mackerel. (i) Mackerel ABC must ecological factors. If the stock is able to MAFMC, the reasons for any differences be calculated from the formula ABC = support a harvest level equivalent to the shall be clearly stated and the revised S ¥ C ¥ T, where C is the estimated maximum OY, the ABC must be set at specifications must satisfy the criteria catch of mackerel in Canadian waters that level. set forth in this section. The MAFMC’s for the upcoming fishing year; S is the (ii) IOY is a modification of ABC recommendations shall be available for mackerel spawning stock size at the based on social and economic factors. inspection at the office of the Regional beginning of the year for which quotas The IOY is composed of a DAH and Director during the public comment are specified; and T, which must be bycatch TALFF that is equal to 0.08 period. equal to or greater than 900,000 mt percent of the allocated portion of the (2) On or about December 15 of each (1,984,050,000 lb), is the spawning stock mackerel TALFF. year, the Assistant Administrator will size that must be maintained in the year (c) Recommended measures. Based on make a final determination concerning following the year for which quotas are the review of the data described in the specifications for each species and specified. paragraph (a) of this section, the any measures necessary to assure that (ii) IOY is a modification of ABC, Monitoring Committee will recommend the specifications will not be exceeded based on social and economic factors, to the Squid, Mackerel, and Butterfish contained in the Federal Register and must be less than or equal to ABC. Committee the measures it determines notification. After the Assistant (iii) IOY is composed of DAH and are necessary to assure that the Administrator considers all relevant TALFF. DAH, DAP, and JVP must be specifications are not exceeded from the data and any public comments, projected by reviewing data from following measures: notification of the final specifications sources specified in paragraph (a) of this (1) Commercial quotas. and any measures necessary to assure section and other relevant data, (2) The amount of Loligo and that the specifications will not be including past domestic landings, butterfish that may be retained, exceeded and responses to the public projected amounts of mackerel possessed and landed by vessels issued comments will be published in the necessary for domestic processing and the incidental catch permit specified in Federal Register. If the final for joint ventures during the fishing § 648.4(a)(5). specification amounts differ from those year, projected recreational landings, (3) Commercial minimum fish sizes. recommended by the MAFMC, the and other data pertinent for such a (4) Commercial trip limits. reason(s) for the difference(s) must be projection. The JVP component of DAH (5) Commercial seasonal quotas. clearly stated and the revised is the portion of DAH that domestic (6) Minimum mesh sizes. specifications must be consistent with processors either cannot or will not use. (7) Commercial gear restrictions. the criteria set forth in paragraph (b) of In addition, IOY is based on the criteria (8) Recreational harvest limit. this section. set forth in the Magnuson Act, (9) Recreational minimum fish size. (e) Inseason adjustments. The (10) Recreational possession limits. specifically section 201(e), and on the specifications established pursuant to (11) Recreational season. this section may be adjusted by the following economic factors: (d) Annual fishing measures. (1) The (A) Total world export potential by Regional Director, in consultation with Squid, Mackerel, and Butterfish mackerel producing countries. the MAFMC, during the fishing year by (B) Total world import demand by Committee shall review the publishing notification in the Federal mackerel consuming countries. recommendations of the Monitoring Register stating the reasons for such an (C) U.S. export potential based on Committee. Based on these action and providing a 30-day comment expected U.S. harvests, expected U.S. recommendations and any public public comment period. consumption, relative prices, exchange comment received thereon, the Squid, rates, and foreign trade barriers. Mackerel, and Butterfish Committee § 648.22 Closure of the fishery. (D) Increased/decreased revenues to shall recommend to the MAFMC (a) General. The Assistant the United States from foreign fees. appropriate specifications and any Administrator shall close the directed (E) Increased/decreased revenues to measures necessary to assure that the mackerel or Loligo or Illex squid or U.S. harvesters (with/without joint specifications will not be exceeded. The butterfish fishery in the EEZ when U.S. ventures). MAFMC shall review these fishermen have harvested 80 percent of (F) Increased/decreased revenues to recommendations and based on the the DAH, of that fishery if such closure U.S. processors and exporters. recommendations and any public is necessary to prevent the DAH from (G) Increases/decreases in U.S. comment received thereon, the MAFMC being exceeded. The closure shall harvesting productivity due to shall recommend to the Regional remain in effect for the remainder of the decreases/increases in foreign harvest. Director appropriate specifications and fishing year, with incidental catches (H) Increases/decreases in U.S. any measures necessary to assure that allowed as specified in paragraph (c) of processing productivity. the specifications will not be exceeded. this section, until the entire DAH is (I) Potential impact of increased/ The MAFMC’s recommendations must attained. When the Regional Director decreased TALFF on foreign purchases include supporting documentation, as projects that DAH will be attained for of U.S. products and services and U.S.- appropriate, concerning the any of the species, the Assistant caught fish, changes in trade barriers, environmental, economic, and social Administrator shall close the fishery in technology transfer, and other impacts of the recommendations. The the EEZ to all fishing for that species, considerations. Regional Director shall review the and the incidental catches specified in (3) Butterfish. (i) If the Monitoring recommendations, and on or about paragraph (c) of this section will be Committee’s review indicates that the November 1 of each year, shall publish prohibited. stock cannot support a level of harvest notification in the Federal Register (b) Notification. Upon determining equal to the maximum OY, the proposing specifications and any that a closure is necessary, the Assistant Monitoring Committee shall recommend measures necessary to assure that the Administrator will notify, in advance of Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34989 the closure, the Executive Directors of section, any net, or any piece of net, not have an effective mesh opening of the MAFMC, NEFMC, and SAFMC; mail with a mesh size less than 17⁄8 inches less than 4.5 inches (11.43 cm), notification of the closure to all holders (48 mm) diamond mesh or any net, or diamond mesh, inside stretch measure. of mackerel, squid, and butterfish any piece of net, with mesh that is ‘‘Top of the regulated portion of the net’’ fishery permits at least 72 hours before rigged in a manner that is inconsistent means the 50 percent of the entire the effective date of the closure; provide with such minimum mesh size, when regulated portion of the net that (in a adequate notice of the closure to the vessel is landward of the specified hypothetical situation) would not be in recreational participants in the fishery; coordinates. contact with the ocean bottom during a and publish notification of closure in (b) Definition of ‘‘not available for tow if the regulated portion of the net the Federal Register. immediate use.’’ A net that can be were laid flat on the ocean floor. For the (c) Incidental catches. During the shown not to have been in recent use purpose of this paragraph (d), head closure of a directed fishery, the trip and that is stowed in conformance with ropes are not to be considered part of limit for the species for which the one of the following methods is the top of the regulated portion of a fishery is closed is 10 percent, by considered to be not available for trawl net. weight, of the total amount of fish on immediate use: board for a vessel with a Loligo/ (1) Below deck stowage. (i) It is stored Subpart CÐManagement Measures for butterfish moratorium permit or Illex or below the main working deck from Atlantic Salmon a mackerel commercial permit. During a which it is deployed and retrieved; period of closure of the directed fishery (ii) The towing wires, including the § 648.40 Prohibition on possession. for Loligo or butterfish, the trip limit for leg wires, are detached from the net; and (a) Incidental catch. All Atlantic a vessel with an incidental catch permit (iii) It is fan-folded (flaked) and bound salmon caught incidental to a directed for those species is 10 percent, by around its circumference. fishery for other species in the EEZ must weight, of the total amount of fish on (2) On-deck stowage. (i) It is fan- be released in such a manner as to board, or the allowed level of incidental folded (flaked) and bound around its insure maximum probability of survival. catch specified in § 648.4(e)(2), circumference; (b) Presumption. The possession of whichever is less. (ii) It is securely fastened to the deck Atlantic salmon is prima facie evidence or rail of the vessel; and that such Atlantic salmon were taken in § 648.23 Gear restrictions. (iii) The towing wires, including the violation of this regulation. Evidence (a) Mesh restrictions and exemptions. leg wires, are detached from the net. that such fish were harvested in state Owners or operators of otter trawl (3) On-reel stowage. (i) It is on a reel waters, or from foreign waters, or from vessels possessing Loligo harvested in or and it’s entire surface is covered with aquaculture enterprises, will be from the EEZ may only fish with nets canvas or other similar material that is sufficient to rebut the presumption. This having a minimum mesh size of 17⁄8 securely bound; presumption does not apply to fish inches (48 mm) diamond mesh, inside (ii) The towing wires, including the being sorted on deck. stretch measure, applied throughout the leg wires, are detached from the net; and entire net, unless they are fishing during (iii) The codend is removed and Subpart DÐManagement Measures for the months of June, July, August, and stored below deck. the Atlantic Sea Scallop Fishery September for Illex seaward of the (4) Other methods of stowage. Any § 648.50 Shell-height standard. following coordinates (copies of a map other method of stowage authorized in depicting this area are available from writing by the Regional Director and (a) Minimum shell height. The the Regional Director upon request): published in the Federal Register. minimum shell height for in-shell (c) Mesh obstruction or constriction. scallops that may be landed, or Point N. Lat. W. Long. The owner or operator of a fishing possessed at or after landing, is 3.5 vessel shall not use any combination of inches (89 mm). Shell height is a M1 ...... 43°58.0′ 67°22.0′ mesh or liners that effectively decreases straight line measurement from the M2 ...... 43°50.0′ 68°35.0′ ° ′ ° ′ the mesh size below the minimum mesh hinge to the outermost part of the shell, M3 ...... 43 30.0 69 40.0 that is, the edge farthest away from the M4 ...... 43°20.0′ 70°00.0′ size, except that a liner may be used to M5 ...... 42°45.0′ 70°10.0′ close the opening created by the rings in hinge. M6 ...... 42°13.0′ 69°55.0′ the rearmost portion of the net, (b) Compliance and sampling. M7 ...... 41°00.0′ 69°00.0′ provided the liner extends no more than Compliance with the minimum shell- M8 ...... 41°45.0′ 68°15.0′ 10 meshes forward of the rearmost height standard will be determined by M9 ...... 42°10.0′ 67°10.0′ portion of the net. inspection and enforcement at or after M10 ...... 41°18.6′ 66°24.8′ (d) Net obstruction or constriction. landing, including the time when the ° ′ ° ′ M11 ...... 40 55.5 66 38.0 The owner or operator of a fishing scallops are received or possessed by a M12 ...... 40°45.5′ 68°00.0′ M13 ...... 40°37.0′ 68°00.0′ vessel shall not use any device, gear, or dealer or person acting in the capacity M14 ...... 40°30.0′ 69°00.0′ material, including, but not limited to, of a dealer as follows: An authorized M15 ...... 40°22.7′ 69°00.0′ nets, net strengtheners, ropes, lines, or officer will take samples of 40 scallops M16 ...... 40°18.7′ 69°40.0′ chafing gear, on the top of the regulated each, at random, from the total amount M17 ...... 40°21.0′ 71°03.0′ portion of a trawl net that results in an of scallops in possession. The person in ° ′ ° ′ M18 ...... 39 41.0 72 32.0 effective mesh opening of less than 17⁄8 possession of the scallops may request ° ′ ° ′ M19 ...... 38 47.0 73 11.0 inches (48 mm) diamond mesh, inside that as many as 10 samples (400 M20 ...... 38°04.0′ 74°06.0′ M21 ...... 37°08.0′ 74°46.0′ stretch measure. Net strengtheners scallops) be examined as a sample M22 ...... 36°00.0′ 74°52.0′ (covers), splitting straps and/or bull group. A sample group fails to comply M23 ...... 35°45.0′ 74°53.0′ ropes or wire may be used, provided with the standard if more than 10 M24 ...... 35°28.0′ 74°52.0′ they do not constrict the top of the percent of all scallops sampled are less regulated portion of the net to less than than the shell height specified. The total Vessels fishing under this exemption an effective mesh opening of 17⁄8 inches amount of scallops in possession will be may not have available for immediate (48 mm), diamond mesh, inside stretch deemed in violation of this subpart and use, as defined in paragraph (b) of this measure. Net strengtheners (covers) may subject to forfeiture, if the sample group 34990 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations fails to comply with the standard. All ropes shall not be considered part of the (ii) Link restrictions. No more than scallops will be subject to inspection top of the trawl net. double links between rings shall be used and enforcement, in accordance with (ii) Mesh obstruction or constriction. in or on all parts of the dredge bag, these compliance and sampling A fishing vessel may not use any mesh except the dredge bottom. No more than procedures, up to and including the configuration, mesh construction, or triple linking shall be used in or on the time when a dealer receives or possesses other means on or in the top of the net, dredge bottom portion and the scallops for a commercial purpose. as defined in paragraph (a)(3)(i) of this diamonds. Damaged links that are section, if it obstructs the meshes of the connected to only one ring, i.e., § 648.51 Gear and crew restrictions. net in any manner. ‘‘hangers,’’ are allowed, unless they (a) Trawl vessel gear restrictions. (iii) A fishing vessel may not use or occur between two links that both Trawl vessels in possession of more possess a net capable of catching couple the same two rings. Dredge rings than 40 lb (18.14 kg) of shucked, or 5 scallops in which the bars entering or may not be attached via links to more bu (176.2 L) of in-shell scallops, trawl exiting the knots twist around each than four adjacent rings. Thus, dredge vessels fishing for scallops, and trawl other. rings must be rigged in a configuration vessels issued a limited access scallop (b) Dredge vessel gear restrictions. All such that, when a series of adjacent permit under § 648.4(a)(2), while fishing dredge vessels fishing for or in rings are held horizontally, the under or subject to the DAS allocation possession of more than 40 lb (18.14 kg) neighboring rings form a pattern of program for scallops and authorized to of shucked, or 5 bu (176.2 L) of in-shell horizontal rows and vertical columns. fish with or possess on board trawl nets scallops, and all dredge vessels issued a (A copy of a diagram showing a pursuant to § 648.51(f), must comply limited access scallop permit and schematic of a legal dredge ring pattern with the following: is available upon request to the Office (1) Maximum sweep. The trawl sweep fishing under the DAS Program, with of the Regional Director). of nets in use by or available for the exception of hydraulic clam dredges (iii) Dredge or net obstructions. No immediate use, as specified in and mahogany quahog dredges in material, device, net, dredge, ring, or paragraph (a)(2)(iii) of this section, shall possession of 400 lb (181.44 kg) of link configuration or design shall be not exceed 144 ft (43.9 m) as measured scallops, or less, must comply with the used if it results in obstructing the by the total length of the footrope that following restrictions: release of scallops that would have is directly attached to the webbing of (1) Maximum dredge width. The passed through a legal sized and the net. combined dredge width in use by or in (2) Net requirements—(i) Minimum possession on board such vessels shall configured net and dredge, as described mesh size. The mesh size for any scallop not exceed 31 ft (9.4 m) measured at the in this part, that did not have in use any trawl net in all areas shall not be smaller widest point in the bail of the dredge, such material, device, net, dredge, ring than 5.5 inches (13.97 cm). except as provided under paragraph (e) link configuration or design. (ii) Mesh stowage. Same as of this section. However, component (iv) Twine top restrictions. Vessels § 648.23(b). parts may be on board the vessel such issued limited access scallop permits (iii) Measurement of mesh size. Mesh that they do not conform with the that are fishing for scallops under the size is measured by using a wedge- definition of ‘‘dredge or dredge gear’’ in DAS Program are also subject to the shaped gauge having a taper of 2 cm in § 648.2, i.e., the metal ring bag and the following restrictions: 8 cm and a thickness of 2.3 mm, mouth frame, or bail, of the dredge are (A) If a vessel is rigged with more inserted into the meshes under a not attached, and such that no more than one dredge, or if rigged with only pressure or pull of 5 kg. The mesh size than one complete spare dredge could one dredge, such dredge is greater than is the average of the measurements of be made from these components parts. 8 ft (2.44 m) in width, there must be at any series of 20 consecutive meshes for (2) Minimum mesh size. (i) The mesh least seven rows of non-overlapping nets having 75 or more meshes, and 10 size of net material on the top of a steel rings unobstructed by netting or consecutive meshes for nets having scallop dredge in use by or in any other material, between the fewer than 75 meshes. The mesh in the possession of such vessels shall not be terminus of the dredge (club stick) and regulated portion of the net will be smaller than 5.5 inches (13.97 cm). the net material on the top of the dredge measured at least five meshes away (ii) Mesh size is measured as provided (twine top). from the lacings running parallel to the in paragraph (a)(2)(iii) of this section. (B) For vessels rigged with only one long axis of the net. (3) Minimum ring size. (i) The inside dredge, and such dredge is less than 8 (3) Chafing gear and other gear ring size of a scallop dredge in use by ft (2.44 m) in width, there must be at obstructions—(i) Net obstruction or or in possession of such vessels shall least four rows of non-overlapping steel constriction. A fishing vessel may not not be smaller than 3.5 inches (89 mm). rings unobstructed by netting or any use any device or material, including, (ii) Ring size is determined by other material between the club stick but not limited to, nets, net measuring the shortest straight line and the twine top of the dredge. (A copy strengtheners, ropes, lines, or chafing passing through the center of the ring of a diagram showing a schematic of a gear, on the top of a trawl net, except from one inside edge to the opposite legal dredge with twine top is available that one splitting strap and one bull inside edge of the ring. The from the Regional Director upon rope (if present), consisting of line and measurement shall not include normal request). rope no more than 3 inches (7.62 cm) in welds from ring manufacturing or links. (c) Crew restrictions. Limited access diameter, may be used if such splitting The rings to be measured will be at least vessels participating in or subject to the strap and/or bull rope does not constrict five rings away from the mouth, and at scallop DAS allocation program may in any manner the top of the trawl net. least two rings away from other rigid have no more than seven people aboard, ‘‘The top of the trawl net’’ means the 50 portions of the dredge. including the operator, when not percent of the net that (in a hypothetical (4) Chafing gear and other gear docked or moored in port, unless situation) would not be in contact with obstructions—(i) Chafing gear participating in the small dredge the ocean bottom during a tow if the net restrictions. No chafing gear or cookies program specified in paragraph (e) of were laid flat on the ocean floor. For the shall be used on the top of a scallop this section, or otherwise authorized by purpose of this paragraph (a)(3), head dredge. the Regional Director. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34991

(d) Sorting and shucking machines. eligible for a letter of authorization to L) of in-shell scallops, with not more (1) Shucking machines are prohibited use trawl nets, a vessel may not have than one scallop trip allowable in any on all limited access vessels fishing fished for scallops with a scallop dredge calendar day. under the scallop DAS program or any from January 1, 1988, to the present, (b) Owners or operators of vessels vessel in possession of more than 400 lb except pursuant to a letter of without a scallop permit, except vessels (181.44 kg) of scallops, unless the vessel authorization issued pursuant to fishing for scallops exclusively in state has not been issued a limited access paragraph (f)(3) of this section. Only waters, are prohibited from possessing scallop permit and fishes exclusively in vessels that were issued 1995 limited or landing per trip, more than 40 lb state waters. access scallop permits or that were (18.14 kg) of shucked, or 5 bu (176.2 L) (2) Sorting machines are prohibited eligible to be issued such a permit, and of in-shell scallops. Owners or operators on limited access vessels fishing under for which a determination has been of vessels without a scallop permit are the scallop DAS program that shuck made in 1995, except as provided in prohibited from selling, bartering, or scallops at sea. paragraph (f)(4) of this section, are trading scallops harvested from Federal (e) Small dredge program restrictions. eligible to receive a letter of waters. Any vessel owner whose vessel is authorization. assigned to either the part-time or (3) Authorization to use trawl nets. § 648.53 DAS allocations. occasional category may request, in the Vessels determined to have met the (a) Assignment to DAS categories. For application for the vessel’s annual criteria set forth in paragraph (f)(2) of each fishing year, each vessel issued a permit, to be placed in one category this section for a letter of authorization limited access scallop permit shall be higher. Vessel owners making such a shall be issued a letter of authorization assigned to the DAS category (full-time, request will be placed in the appropriate by the Regional Director. Such letter part-time, or occasional) it was assigned category for the entire year, if they agree must be carried on board the vessel at in the preceding fishing year. Limited to comply with the following all times. In subsequent years, eligibility access scallop permits will indicate restrictions, in addition to and for this exemption will be indicated on which category the vessel is assigned to. notwithstanding other restrictions of the vessel’s permit. Vessels are prohibited from fishing for, this part, when fishing under the DAS (4) Authorization to use trawl nets by landing per trip, or possessing more program described in § 648.53, or in replacement vessels. To be eligible for a than 400 lb (181.44 kg) of shucked, or possession of more than 400 lb (181.44 letter of authorization to use trawl nets, 50 bu (176.2 L) of in-shell scallops once kg) of shucked, or 50 bu (176.2 L) of in- any replacement vessel of a vessel their allocated number of DAS, as shell scallops: authorized to fish for scallops with specified under paragraph (b) of this (1) The vessel must fish exclusively trawl nets must meet the eligibility section, are used up. with one dredge no more than 10.5 ft requirements of paragraph (f)(2) of this (b) DAS allocations. Each vessel (3.2 m) in width. section and have on board a valid letter qualifying for one of the three categories (2) The vessel may not have more of authorization issued under paragraph specified in paragraph (a) of this section than one dredge on board or in use. (f)(3) of this section. The letter of shall be allocated, annually, the (3) The vessel may have no more than authorization must be requested at the maximum number of DAS it may five people, including the operator, on time the vessel owner initially applies participate in the limited access scallop board. for a permit for the replacement vessel. fishery, according to its category. A (f) Restrictions on use of trawl nets— vessel whose owner/operator has (1) Prohibition on use of trawl nets. § 648.52 Possession restrictions. declared it out of the scallop fishery Vessels issued a limited access scallop (a) Owners or operators of vessels pursuant to the provisions of § 648.10, permit fishing for scallops under the with a limited access scallop permit that or has used up its allocated DAS, may DAS allocation program may not fish have declared out of the DAS program leave port without being assessed a with, possess on board, or land scallops as specified in § 648.10, or have used up DAS, so long as it does not possess or while in possession of trawl nets, unless their DAS allocations and vessels land more than 400 lb (181.44 kg) of such vessels have on board a valid letter possessing a general scallop permit, shucked, or 50 bu (176.2 L) of in-shell of authorization to use trawl nets issued unless exempted under the state waters scallops, and complies with the other under paragraphs (f)(2) and (3) of this exemption program described under requirements of this part. The annual section. § 648.54, are prohibited from possessing allocations of DAS for each category of (2) Eligibility for a letter of or landing per trip more than 400 lb vessel for the fishing years indicated are authorization to use trawl nets. To be (181.44 kg) of shucked, or 50 bu (176.2 as follows:

1995±96 1998±99 DAS category and 1997±98 and 2000+ 1996±97 1999±2000

Full-time ...... 182 164 142 120 Part-time ...... 82 66 57 48 Occasional ...... 16 14 12 10

(c) Adjustments in annual DAS (d) End-of-year carry-over. Limited (e) Accrual of DAS. DAS shall accrue allocations. Adjustments or changes in access vessels with unused DAS on the in hourly increments, with all partial annual DAS allocations, if required to last day of February of any year may hours counted as full hours. meet fishing mortality reduction goals, carry over a maximum of 10 DAS into (f) Good Samaritan credit. Limited may be made following a reappraisal the next year. At no time may more than access vessels fishing under the DAS and analysis under the framework 10 DAS be carried over. program and that spend time at sea provisions specified in § 648.55. assisting in a USCG search and rescue operation or assisting the USCG in 34992 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations towing a disabled vessel, and that can fisheries and scallop conservation findings and recommendations to the document the occurrence through the programs that do not jeopardize the NEFMC. In its report to the NEFMC, the USCG, will not accrue DAS for the time fishing mortality/effort reduction PDT shall provide the appropriate documented. objectives of the Scallop FMP. These rationale and economic and biological states must immediately notify the analysis for its recommendation, § 648.54 State waters exemption. Regional Director of any changes in utilizing the most current catch, effort, (a) DAS exemption. Any vessel issued their respective scallop conservation and other relevant data from the fishery. a limited access scallop permit is program. The Regional Director will (c) After receiving the PDT findings exempt from the DAS requirements review these changes and, if a and recommendations, the NEFMC shall specified in § 648.54(c) while fishing determination is made that the state’s determine whether adjustments to, or exclusively landward of the outer conservation program jeopardizes the additional management measures are boundary of a state’s waters, provided fishing mortality/effort reduction necessary to meet the goals and the vessel complies with paragraphs (c) objectives of the Scallop FMP, or that objectives of the Scallop FMP. After through (f) of this section. the state no longer has a scallop fishery, considering the PDT’s findings and (b) Gear restriction exemption—(1) the Regional Director shall publish a recommendations, or at any other time, Limited access permits. Any vessel final rule in the Federal Register if the NEFMC determines that issued a limited access scallop permit amending this paragraph (b)(3)(iii) to adjustments to, or additional that is exempt from the DAS eliminate the exemption for that state. management measures are necessary, it requirements of § 648.53(c) under The Regional Director may determine shall develop and analyze appropriate paragraph (a) of this section is also that other states have scallop fisheries management actions over the span of at exempt from the gear restrictions and scallop conservation programs that least two NEFMC meetings. The NEFMC specified in § 648.51 (a), (b), and (e) (1) do not jeopardize the fishing mortality/ shall provide the public with advance and (2) while fishing exclusively effort reduction objectives of the Scallop notice of the availability of both the landward of the outer boundary of the FMP. In such case, the Regional Director proposals and the analyses, and waters of a state that has been shall publish a final rule in the Federal opportunity to comment on them prior determined by the Regional Director Register amending this paragraph to and at the second NEFMC meeting. under paragraph (b)(3) of this section to (b)(3)(iii) to provide the exemption for The NEFMC’s recommendation on have a scallop fishery and a scallop such states. adjustments or additions to management conservation program that does not (c) Notification requirements. Vessels measures must come from one or more jeopardize the fishing mortality/effort fishing under the exemptions provided of the following categories: reduction objectives of the Scallop FMP, by paragraphs (a) and/or (b) of this (1) DAS changes. provided the vessel complies with section must notify the Regional (2) Shell height. paragraphs (c) through (f) of this section. Director in accordance with the (3) Offloading window reinstatement. (2) General permits. Any vessel issued provisions of § 648.10(f). (4) Effort monitoring. a general scallop permit is exempt from (d) Restriction on fishing in the EEZ. (5) Data reporting. the gear restrictions specified in A vessel fishing under a state water’s (6) Trip limits. § 648.51 (a), (b), and (e) (1) and (2) while exemption may not fish in the EEZ (7) Gear restrictions. fishing exclusively landward of the during that time. (8) Permitting restrictions. outer boundary of the waters of a state (e) Duration of exemption. An (9) Crew limits. that has been determined by the exemption expires upon a change in the (10) Small mesh line. Regional Director under paragraph (b)(3) vessel’s name or ownership. (11) Onboard observers. of this section to have a scallop fishery (f) Applicability of other provisions of (12) Any other management measures and a scallop conservation program that this part. A vessel fishing under the currently included in the FMP. does not jeopardize the fishing exemptions provided by paragraphs (a) (d) After developing management mortality/effort reduction objectives of and/or (b) of this section remains actions and receiving public testimony, the Scallop FMP, provided the vessel subject to all other requirements of this the NEFMC shall make a complies with paragraphs (d) through (f) part. recommendation to the Regional of this section. Director. The NEFMC’s (3) State eligibility for gear exemption. § 648.55 Framework adjustments to recommendation must include (i) A state is eligible to have vessels management measures. supporting rationale and, if management fishing exclusively landward of the (a) Annually, upon request from the measures are recommended, an analysis outer boundary of the waters of that NEFMC, but at a minimum in the years of impacts and a recommendation to the state exempted from the gear 1996 and 1999, the Regional Director Regional Director on whether to publish requirements specified in § 648.51 (a), will provide the NEFMC with the management measures as a final (b), and (e) (1) and (e)(2), if it has a information on the status of the scallop rule. If the NEFMC recommends that the scallop fishery and a scallop resource. management measures should be conservation program that does not (b) Within 60 days of receipt of that published as a final rule, the NEFMC jeopardize the fishing mortality/effort information, the NEFMC PDT shall must consider at least the following reduction objectives of the Scallop FMP. assess the condition of the scallop factors and provide support and (ii) The Regional Director shall resource to determine the adequacy of analysis for each factor considered: determine which states have a scallop the total allowable DAS reduction (1) Whether the availability of data on fishery and which of those states have schedule, described in § 648.53(b), to which the recommended management a scallop conservation program that achieve the target fishing mortality rate. measures are based allows for adequate does not jeopardize the fishing In addition, the PDT shall make a time to publish a proposed rule, and mortality/effort reduction objectives of determination whether other resource whether regulations have to be in place the Scallop FMP. conservation issues exist that require a for an entire harvest/fishing season. (iii) Maine, New Hampshire, and management response in order to meet (2) Whether there has been adequate Massachusetts have been determined by the goals and objectives outlined in the notice and opportunity for participation the Regional Director to have scallop Scallop FMP. The PDT shall report its by the public and members of the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34993 affected industry in the development of registered holders who were assigned an § 648.71 Catch quotas. the NEFMC’s recommended allocation by November 1. The total (a) Surf clams. The amount of surf management measures. number of bushels of allocation shall be clams that may be caught annually by (3) Whether there is an immediate divided by 32 to determine the fishing vessels subject to these need to protect the resource. appropriate number of cage tags to be regulations will be specified by the (4) Whether there will be a continuing issued or acquired under § 648.75. Assistant Administrator, on or about evaluation of management measures Amounts of allocation 0.5 or smaller December 1 of each year, within the adopted following their promulgation as created by this division shall be range of 1.85 to 3.4 million bu (98.5 to a final rule. rounded downward to the nearest whole 181 million L). (e) If the NEFMC’s recommendation number and amounts of allocation (1) Establishing quotas. (i) Prior to the includes adjustments or additions to greater than 0.5 created by this division beginning of each year, the MAFMC, management measures, and if, after shall be rounded upward to the nearest following an opportunity for public reviewing the NEFMC’s whole number so that allocations are comment, will recommend to the recommendation and supporting specified in whole cages. An allocation Assistant Administrator quotas and information: permit is only valid for the entity for estimates of DAH and DAP within the (1) The Regional Director concurs which it is issued. ranges specified. In selecting the quota, with the NEFMC’s recommended (2) The Regional Director may, after the MAFMC shall consider current stock management measures and determines publication of a fee notification in the assessments, catch reports, and other that the recommended management Federal Register, charge a permit fee relevant information concerning: measures may be published as a final before issuance of the permit to recover (A) Exploitable and spawning biomass rule based on the factors specified in administrative expenses. Failure to pay relative to the OY. paragraph (d) of this section, the action the fee will preclude issuance of the will be published in the Federal permit. (B) Fishing mortality rates relative to Register as a final rule; or (b) Transfers—(1) Allocation the OY. (2) The Regional Director concurs percentage. Subject to the approval of (C) Magnitude of incoming with the NEFMC’s recommendation and the Regional Director, part or all of an recruitment. determines that the recommended allocation percentage may be (D) Projected effort and corresponding management measures should be transferred, in amounts equivalent to catches. published first as a proposed rule, the not less than 160 bu (8,500 L) (i.e., 5 (E) Geographical distribution of the action will be published as a proposed cages) in the year in which the transfer catch relative to the geographical rule in the Federal Register. After is made, to any person eligible to own distribution of the resource. additional public comment, if the a documented vessel under the terms of (F) Status of areas previously closed Regional Director concurs with the 46 U.S.C. 12102(a). Approval of a to surf clam fishing that are to be NEFMC recommendation, the action transfer by the Regional Director and for opened during the year and areas likely will be published as a final rule in the a new allocation permit reflecting that to be closed to fishing during the year. Federal Register; or transfer may be requested by submitting (ii) The quota shall be set at that (3) The Regional Director does not a written application for approval of the amount that is most consistent with the concur, the NEFMC will be notified, in transfer and for issuance of a new objectives of the Atlantic Surf Clam and writing, of the reasons for the non- allocation permit to the Regional Ocean Quahog FMP. The Assistant concurrence. Director at least 10 days before the date Administrator may set quotas at (f) Nothing in this section is meant to on which the applicant desires the quantities different from the MAFMC’s derogate from the authority of the transfer to be effective, in the form of a recommendations only if he/she can Secretary to take emergency action completed transfer log supplied by the demonstrate that the MAFMC’s under section 305(e) of the Magnuson Regional Director. The transfer is not recommendations violate the national Act. effective until the new holder receives standards of the Magnuson Act and the a new or revised annual allocation objectives of the Atlantic Surf Clam and Subpart EÐManagement Measures for permit from the Regional Director. An Ocean Quahog FMP. application for transfer may not be made the Atlantic Surf Clam and Ocean (2) Report. Prior to the beginning of between October 15 and December 31 of Quahog Fisheries each year, the Regional Director shall each year. § 648.70 Annual individual allocations. (2) Cage tags. Cage tags issued prepare a written report, based on the (a) General. (1) For each fishing year, pursuant to § 648.75 may be transferred latest available stock assessment report the Regional Director shall determine in quantities of not less than 5 tags at prepared by NMFS, data reported by the allocation of surf clams and ocean any one time, subject to the restrictions harvesters and processors according to quahogs for each vessel owner issued an and procedure specified in paragraph these regulations, and other relevant allocation for the preceding fishing year, (b)(1) of this section; provided that data. The report will include by multiplying the quotas specified for application for such cage tag transfers consideration of: each species by the Regional Director may be made at any time before (i) Exploitable biomass and spawning under § 648.71 by the allocation December 10 of each year and the biomass relative to OY. percentage, specified for that owner on transfer is effective upon the receipt by (ii) Fishing mortality rates relative to the allocation permit for the preceding the transferee of written authorization OY. fishing year, adjusted to account for any from the Regional Director. (iii) Magnitude of incoming transfer pursuant to paragraph (b) of this (3) Review. If the Regional Director recruitment. section. These allocations shall be made determines that the applicant has been (iv) Projected effort and in the form of an allocation permit issued a Notice of Permit Sanction for corresponding catches. specifying for each species the a violation of the Magnuson Act that has (v) Status of areas previously closed to allocation percentage and the allocation not been resolved, he/she may decline surf clams fishing that are to be opened in bushels. Such permits shall be issued to approve such transfer pending during the year and areas likely to be on or before December 15, to the resolution of the matter. closed to fishing during the year. 34994 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(vi) Geographical distribution of the adverse environmental conditions no (c) Procedure. (1) The Regional catch relative to the geographical longer exist. If additional areas are Director may hold a public hearing on distribution of the resource. identified by the Assistant the proposed closure or reopening of (3) Public review. Based on the Administrator as being contaminated by any area under paragraph (a) or (b) of information presented in the report, and the introduction or presence of this section. The Assistant in consultation with the MAFMC, the hazardous materials or pollutants, they Administrator shall publish notification Assistant Administrator shall propose may be closed by the Assistant in the Federal Register of any proposed an annual surf clam quota and an Administrator in accordance with area closure or reopening, including any annual ocean quahog quota and shall paragraph (c) of this section. The areas restrictions on harvest in a reopened publish them in the Federal Register. closed are: area. Comments on the proposed closure Comments on the proposed annual (1) Boston Foul Ground. The waste or reopening may be submitted to the quotas may be submitted to the Regional disposal site known as the ‘‘Boston Foul Regional Director within 30 days after Director within 30 days after Ground’’ and located at 42°25′36 N. lat., publication. The Assistant publication. The Assistant 70°3500 W. long., with a radius of 1 nm Administrator shall consider all Administrator shall consider all in every direction from that point. comments and publish the final comments, determine the appropriate (2) New York Bight. The polluted area notification of closure or reopening, and annual quotas, and publish the annual and waste disposal site known as the any restrictions on harvest, in the quotas in the Federal Register on or ‘‘New York Bight Closure’’ and located Federal Register. Any adjustment to about December 1 of each year. at 40°2504 N. lat., 73°4238 W. long., and harvest restrictions in a reopened area (b) Ocean quahogs. The amount of with a radius of 6 nm in every direction shall be made by notification in the ocean quahogs that may be caught by from that point, extending farther Federal Register. The Regional Director fishing vessels subject to these northwestward, westward, and shall send notice of any action under regulations shall be specified annually southwestward between a line from a this paragraph (c)(1) to each surf clam by the Assistant Administrator, on or point on the arc at 40°3100 N. lat., and ocean quahog processor and to each about December 1, within the range of 73°4338 W. long., directly toward surf clam and ocean quahog permit 4 to 6 million bu (213 to 319.4 million Atlantic Beach Light in New York to the holder. L), following the same procedures set limit of state territorial waters of New (2) If the Regional Director forth in paragraph (a) of this section for York; and a line from a point on the arc determines, as the result of testing by surf clams. at 40°1948 N. lat., 73°4542 W. long., to state, Federal, or private entities, that a closure of an area under paragraph (a) § 648.72 Minimum surf clam size. a point at the limit of the state territorial waters of New Jersey at 40°1400 N. lat., of this section is necessary to prevent (a) Minimum length. The minimum 73°5542 W. long. any adverse effects fishing may have on length for surf clams is 4.75 inches (3) 106 Dumpsite. The toxic industrial the public health, he/she may close the (12.065 cm). dump site known as the ‘‘106 area for 60 days by publication of (b) Determination of compliance. No Dumpsite’’ and located between notification in the Federal Register, more than 50 surf clams in any cage 38°4000 and 39°0000 N. lat. and without prior comment or public may be less than 4.75 inches (12.065 between 72°0000 and 72°3000 W. long. hearing. If an extension of the 60-day cm) in length. If more than 50 surf clams (b) Areas closed because of small surf closure period is necessary to protect in any inspected cage of surf clams are clams. Areas may be closed because the public health, the hearing and notice less than 4.75 inches (12.065 cm) in they contain small surf clams. requirements of paragraph (c)(1) of this length, all cages landed by the same (1) Closure. The Assistant section shall be followed. vessel from the same trip are deemed to Administrator may close an area to surf be in violation of the minimum size § 648.74 Shucking at sea. clams and ocean quahog fishing if he/ restriction. (a) Observers. (1) The Regional (c) Suspension. Upon the she determines, based on logbook Director may allow the shucking of surf recommendation of the MAFMC, the entries, processors’ reports, survey clams or ocean quahogs at sea if he/she Regional Director may suspend cruises, or other information, that the determines that an observer carried annually, by publication in the Federal area contains surf clams of which: aboard the vessel can measure Register, the minimum shell-height (i) Sixty percent or more are smaller accurately the total amount of surf standard, unless discard, catch, and than the minimum size (4.5 inches clams and ocean quahogs harvested in survey data indicate that 30 percent of (11.43 cm)); and the shell prior to shucking. the surf clams are smaller than 4.75 (ii) Not more than 15 percent are (2) Any vessel owner may apply in inches (12.065 cm) and the overall larger than 5.5 inches (13.97 cm) in size. writing to the Regional Director to shuck reduced shell height is not attributable (2) Reopening. The Assistant surf clams or ocean quahogs at sea. The to beds where the growth of individual Administrator may reopen areas or parts application shall specify: Name and surf clams has been reduced because of of areas closed under paragraph (b)(1) of address of the applicant, permit number density dependent factors. this section if he/she determines, based of the vessel, method of calculating the (d) Measurement. Length is measured on survey cruises or other information, amount of surf clams or ocean quahogs at the longest dimension of the surf that: harvested in the shell, vessel clam shell. (i) The average length of the dominant dimensions and accommodations, and (in terms of weight) size class in the area length of fishing trip. § 648.73 Closed areas. to be reopened is equal to or greater (3) The Regional Director shall (a) Areas closed because of than 4.75 inches (12.065 cm); or provide an observer to any vessel owner environmental degradation. Certain (ii) The yield or rate of growth of the whose application is approved. The areas are closed to all surf clam and dominant shell-height class in the area owner shall pay all reasonable expenses ocean quahog fishing because of adverse to be reopened would be significantly of carrying the observer on board the environmental conditions. These areas enhanced through selective, controlled, vessel. will remain closed until the Assistant or limited harvest of surf clams in the (4) Any observer shall certify at the Administrator determines that the area. end of each trip the amount of surf Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34995 clams or ocean quahogs harvested in the (b) Issuance. The Regional Director tag or tags, issued and still valid shell by the vessel. Such certification will issue a supply of tags to each pursuant to this section, affixed thereto shall be made by the observer’s individual vessel owner qualifying for are deemed to have been harvested by signature on the daily fishing log an allocation under § 648.70 prior to the the individual allocation holder to required by § 648.7. beginning of each fishing year or he/she whom the tags were issued under (b) Conversion factor. (1) Based on the may specify, in the Federal Register, a § 648.75(b) or transferred under recommendation of the MAFMC, the vendor from whom the tags shall be § 648.70(b). Regional Director may allow shucking at purchased. The number of tags will be sea of surf clams or ocean quahogs, with based on the owner’s allocation. Each Subpart FÐManagement Measures for or without an observer, if he/she tag represents 32 bu (1,700 L) of the NE Multispecies Fishery determines a conversion factor for allocation. (c) Expiration. Tags will expire at the § 648.80 Regulated mesh areas and shucked meats to calculate accurately restrictions on gear and methods of fishing. the amount of surf clams or ocean end of the fishing year for which they quahogs harvested in the shell. are issued, or if rendered null and void All vessels fishing for, harvesting, possessing, or landing NE multispecies (2) The Regional Director shall in accordance with 15 CFR part 904. (d) Return. Tags that have been in or from the EEZ and all vessels publish notification in the Federal rendered null and void must be holding a multispecies permit must Register specifying a conversion factor returned to the Regional Director, if comply with the following minimum together with the data used in its possible. mesh size, gear, and methods of fishing calculation for a 30-day comment (e) Loss. Loss or theft of tags must be requirements, unless otherwise period. After consideration of the public reported by the owner, numerically exempted or prohibited. comments and any other relevant data, identifying the tags to the Regional the Regional Director may publish final (a) Gulf of Maine/Georges Bank Director by telephone as soon as the loss (GOM/GB) Regulated Mesh Area.—(1) notification in the Federal Register or theft is discovered and in writing specifying the conversion factor. Area definition. The GOM/GB Regulated within 24 hours. Thereafter, the Mesh Area (copies of a map depicting (3) If the Regional Director makes the reported tags shall no longer be valid for determination specified in paragraph the area are available from the Regional use under this part. Director upon request) is that area: (b)(1) of this section, he/she may (f) Replacement. Lost or stolen tags (i) Bounded on the east by the U.S.- authorize the vessel owner to shuck surf may be replaced by the Regional Canada maritime boundary, defined by clams or ocean quahogs at sea. Such Director if proper notice of the loss is straight lines connecting the following authorization shall be in writing and be provided by the person to whom the points in the order stated: carried aboard the vessel. tags were issued. Replacement tags may be purchased from the Regional Director § 648.75 Cage identification. GULF OF MAINE/GEORGES BANK or a vendor with a written authorization (a) Tagging. Before offloading, all from the Regional Director. REGULATED MESH AREA cages that contain surf clams or ocean (g) Transfer. See § 648.70(b)(2). quahogs must be tagged with tags (h) Presumptions. Surf clams and Point N. Lat. W. Long. acquired annually under paragraph (b) ocean quahogs found in cages without a G1 ...... (1)(1) of this section. A tag must be fixed on valid state tag are deemed to have been G2 ...... 43°58′ 67°22′ or as near as possible to the upper harvested in the EEZ and to be part of G3 ...... 42°53.1′ 67°44.4′ crossbar of the cage for every 60 ft 3 an individual’s allocation, unless the G4 ...... 42°31′ 67°28.1′ (1,700 L), or portion thereof, of the cage. individual demonstrates that he/she has G5 ...... 41°18.6′ 66°24.8′ A tag or tags must not be removed until surrendered his/her Federal vessel 1 The intersection of the shoreline and the the cage is emptied by the processor, at permit issued under § 648.4(a)(4) and U.S.-Canada Maritime Boundary. which time the processor must conducted fishing operations promptly remove and retain the tag(s) exclusively within waters under the (ii) Bounded on the south by straight for collection or disposal as specified by jurisdiction of any state. Surf clams and lines connecting the following points in the Regional Director. ocean quahogs in cages with a Federal the order stated:

Point N. Lat. W. Long. Approximate loran C bearings

G6 ...... 40°55.5′ 66°38′ 5930±Y±30750 and 9960±Y±43500. G7 ...... 40°45.5′ 68°00′ 9960±Y±43500 and 68°00′ W. lat. G8 ...... 40°37′ 68°00′ 9960±Y±43450 and 68°00′ W. lat. G9 ...... 40°30′ 69°00′ NL3 ...... 40°22.7′ 69°00′ NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′ G11 ...... 40°50′ 70°00′ G12 ...... 1 70°00′ 1 Northward to its intersection with the shoreline of mainland Massachusetts.

(2) Gear restrictions. (i) Minimum seine, midwater trawl, or purse seine on nets or pieces of nets smaller than 3 ft mesh size. Except as provided in a vessel or used by a vessel fishing (0.9 m) x 3 ft (0.9 m), (9 ft2 (0.81 m2)), paragraphs (a)(2) (iii) and (i) of this under a DAS in the NE multispecies or to vessels that have not been issued section, and unless otherwise restricted DAS program in the GOM/GB Regulated a multispecies permit and that are under paragraphs (a) (2)(ii) and (5) of Mesh Area is 6-inch (15.24-cm) square fishing exclusively in state waters. this section, the minimum mesh size for or diamond mesh throughout the entire (ii) Large-mesh vessels. When fishing any trawl net, sink gillnet, Scottish net. This restriction does not apply to 34996 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations minimum mesh size for any sink gillnet SMALL MESH NORTHERN SHRIMP FISH- nets in the Cultivator Shoal Whiting on a vessel or used by a vessel fishing ERY EXEMPTION AREAÐContinued Fishery Exemption Area with a mesh under a DAS in the large-mesh DAS size smaller than the minimum size program specified in § 648.82(b) (6) and Point N. Lat. W. Long. specified, if the vessel complies with (7) is 7-inch (17.78-cm) diamond mesh the requirements specified in paragraph throughout the entire net. The minimum G1 ...... (1)(1) (a)(4)(i) of this section. The Cultivator mesh size for any trawl net on a vessel 1 Northward along the irregular U.S.-Canada Shoal Whiting Fishery Exemption Area or used by a vessel fishing under a DAS maritime boundary to the shoreline. (copies of a map depicting the area are available from the Regional Director in the large-mesh DAS program is 8- (i) Restrictions on fishing for, upon request) is defined by straight inch (20.32-cm) diamond mesh possessing, or landing fish other than lines connecting the following points in throughout the entire net. This shrimp. A vessel fishing in the northern the order stated: restriction does not apply to nets or shrimp fishery described in this section pieces of nets smaller than 3 ft (0.9 m) under this exemption may not fish for, 2 2 CULTIVATOR SHOAL WHITING FISHERY x 3 ft (0.9 m), (9 ft (0.81 m )), or to possess on board, or land any species of vessels that have not been issued a fish other than shrimp, except for the EXEMPTION AREA multispecies permit and that are fishing following, with the restrictions noted, as Point N. Lat. W. Long. exclusively in state waters. allowable bycatch species: Longhorn (iii) Other gear and mesh exemptions. sculpin; silver hake—up to two standard C1 ...... 42°10′ 68°10′ The minimum mesh size for any trawl totes; monkfish and monkfish parts—up C2 ...... 41°30′ 68°41′ net, sink gillnet, Scottish seine, to 10 percent, by weight, of all other CI4 ...... 41°30′ 68°30′ midwater trawl, or purse seine on a species on board; and American C3 ...... 41°12.8′ 68°30′ vessel or used by a vessel when fishing C4 ...... 41°05′ 68°20′ lobster—up to 10 percent, by weight, of ° ′ ° ′ in the GOM/GB Regulated Mesh Area C5 ...... 41 55 67 40 all other species on board or 200 C1 ...... 42°10′ 68°10′ while not under the NE multispecies lobsters, whichever is less. DAS program, but when under one of (ii) Requirement to use a finfish (i) Requirements. (A) A vessel fishing the exemptions specified in paragraphs excluder device (FED). A vessel must in the Cultivator Shoal Whiting Fishery (a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (d), (e), have a rigid or semi-rigid grate Exemption Area under this exemption (h), and (i) of this section, is set forth in consisting of parallel bars of not more must have a letter of authorization the respective paragraph specifying the than 1-inch (2.54-cm) spacing that issued by the Regional Director on board exemption. Vessels that are not fishing excludes all fish and other objects, and may not fish for, possess on board, under one of these exemptions, under except those that are small enough to or land any species of fish other than the scallop state waters exemption pass between its bars into the codend of whiting, except for the following, with specified in § 648.54, or under a NE the trawl, secured in the trawl, forward the restrictions noted, as allowable multispecies DAS, are prohibited from of the codend, in such a manner that it bycatch species: Longhorn sculpin; fishing in the GOM/GB regulated mesh precludes the passage of fish or other monkfish and monkfish parts—up to 10 area. objects into the codend without the fish percent, by weight, of all other species (3) Small Mesh Northern Shrimp or objects having to first pass between on board; and American lobster—up to Fishery Exemption Area. Vessels subject the bars of the grate, in any net with 10 percent by weight of all other species to the minimum mesh size restrictions mesh smaller than the minimum size on board or 200 lobsters, whichever is specified in paragraph (a)(2) of this specified in paragraph (a)(2) of this less. section may fish for, harvest, possess, or section. The net must have a outlet or (B) All nets must comply with a land northern shrimp in the Small Mesh hole to allow fish or other objects that minimum mesh size of 3-inch (7.62 cm) Northern Shrimp Fishery Exemption are too large to pass between the bars of square or diamond mesh applied to the Area with nets with a mesh size smaller the grate to exit out of the net. The first 160 meshes counted from the than the minimum size specified, if the aftermost edge of this outlet or hole terminus of the net. vessel complies with the requirements must be at least as wide as the grate at (C) Fishing is confined to a season of of paragraphs (a)(3) (i) through (iii) of the point of attachment. The outlet or June 15 through October 31, unless this section. The Small Mesh Northern hole must extend forward from the grate otherwise specified by notification in Shrimp Fishery Exemption Area is toward the mouth of the net. A funnel the Federal Register. defined by straight lines connecting the of net material is allowed in the (D) When transiting through the following points in the order stated lengthening piece of the net forward of GOM/GB Regulated Mesh Area (copies of a map depicting the area are the grate to direct catch towards the specified under paragraph (a)(1) of this available from the Regional Director grate. (Copies of a schematic example of section, any nets with a mesh size upon request): a properly configured and installed FED smaller than the minimum mesh size are available from the Regional Director specified in paragraph (a)(2) of this SMALL MESH NORTHERN SHRIMP upon request.) section must be stowed in accordance (iii) Time restrictions. A vessel may with one of the methods specified in FISHERY EXEMPTION AREA only fish under this exemption during § 648.23(b). the northern shrimp season, as (ii) Sea sampling. The Regional Point N. Lat. W. Long. established by the Commission. The Director shall conduct periodic sea SM1 ...... 41°35′ 70°00′ northern shrimp season is December 1 sampling to determine if there is a need SM2 ...... 41°35′ 69°40′ through May 30, or as modified by the to change the area or season SM3 ...... 42°49.5′ 69°40′ Commission. designation, and to evaluate the bycatch SM4 ...... 43°12′ 69°00′ (4) Cultivator Shoal Whiting Fishery of regulated species, especially SM5 ...... 43°41′ 68°00′ Exemption Area. Vessels subject to the haddock. G2 ...... 43°58′ 67°22′; (the U.S.- minimum mesh size restrictions (iii) Annual review. The NEFMC shall Canada maritime specified in paragraph (a)(2) of this conduct an annual review of data to Boundary). section may fish with, use, or possess determine if there are any changes in Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34997 area or season designation necessary, mesh size for any trawl net, Scottish bars of the codend and extension piece and to make appropriate seine, purse seine, or midwater trawl in for vessels greater than 45 ft (13.7 m) in recommendations to the Regional use, or available for immediate use as length. Director following the procedures described in § 648.23(b) by a vessel (i) The SB/JL Juvenile Protection Area specified in § 648.90 of this part. fishing in the following area is 6-inch (copies of a map depicting the area are (5) Stellwagen Bank/Jeffreys Ledge (15.24-cm) square or diamond mesh in available from the Regional Director (SB/JL) Juvenile Protection Area. Except the last 50 bars of the codend and upon request) is defined by straight as provided in paragraphs (a)(3), (d), (e), extension piece for vessels 45 ft (13.7 m) lines connecting the following points in and (h) of this section, the minimum in length and less, and in the last 100 the order stated:

STELLWAGEN BANK JUVENILE PROTECTION AREA

Approximate Loran Point N. Lat. W. Long. coordinates

SB1 ...... 42°34.0′ 70°23.5′ 13737 44295 SB2 ...... 42°28.8′ 70°39.0′ 13861 44295 SB3 ...... 42°18.6′ 70°22.5′ 13810 44209 SB4 ...... 42°05.5′ 70°23.3′ 13880 44135 SB5 ...... 42°11.0′ 70°04.0′ 13737 44135 SB1 ...... 42°34.0′ 70°23.5′ 13737 44295

JEFFREYS LEDGE JUVENILE PROTECTION AREA

Approximate Loran Point N. Lat. W. Long. coordinates

JL1 ...... 43°12.7′ 70°00.0′ 13369 44445 JL2 ...... 43°09.5′ 70°08.0′ 13437 44445 JL3 ...... 42°57.0′ 70°08.0′ 13512 44384 JL4 ...... 42°52.0′ 70°21.0′ 13631 44384 JL5 ...... 42°41.5′ 70°32.5′ 13752 44352 JL6 ...... 42°34.0′ 70°26.2′ 13752 44300 JL7 ...... 42°55.2′ 70°00.0′ 13474 44362 JL1 ...... 43°12.7′ 70°00.0′ 13369 44445

(ii) Fishing for northern shrimp in the paragraph (a)(2) of this section may or can be reduced to, less than 5 SB/JL Juvenile Protection Area is transit through the GOM/GB Regulated percent, by weight, of total catch and allowed, subject to the requirements of Mesh Area defined in paragraph (a)(1) of that such exemption will not jeopardize paragraph (a)(3) of this section. this section with nets on board with a fishing mortality objectives. In (6) Transiting. (i) Vessels fishing in mesh size smaller than the minimum determining whether exempting a the Small Mesh Northern Shrimp mesh size specified and with small fishery may jeopardize meeting fishing Fishery Exemption Area and in Small mesh exempted species on board, mortality objectives, the Regional Mesh Area 1/Small Mesh Area 2, as provided that the following conditions Director may take into consideration specified in paragraphs (a) (3) and (8) of are met: factors such as, but not limited to, this section, may transit through the SB/ (A) All nets with a mesh size smaller juvenile mortality. A fishery can be JL Juvenile Protection Area defined in than the minimum mesh size specified defined, restricted, or allowed by area, paragraph (a)(5) of this section with nets in paragraph (a)(2) of this section are gear, season, or other means determined on board that do not conform to the stowed in accordance with one of the to be appropriate to reduce bycatch of requirements specified in paragraph methods specified in § 648.23(b). regulated species. An existing (a)(2) or (a)(5) of this section, provided (B) A letter of authorization issued by exemption may be deleted or modified that the nets are stowed in accordance the Regional Director is on board. if the Regional Director determines that with one of the methods specified in (C) Vessels do not fish for, possess on the catch of regulated species is equal to § 648.23(b). board, or land any fish, except when or greater than 5 percent, by weight, of (ii) Vessels subject to the minimum fishing in the areas specified in total catch, or that continuing the mesh size restrictions specified in paragraphs (a)(4), (a)(9), (b), and (c) of exemption may jeopardize meeting paragraph (a)(2) of this section may this section. Vessels may retain fishing mortality objectives. Notification transit through the Small Mesh exempted small mesh species as of additions, deletions or modifications Northern Shrimp Fishery Exemption provided in paragraphs (a)(4)(i), (a)(9)(i), will be made through issuance of a rule Area defined in paragraph (a)(3) of this (b)(3), and (c)(3) of this section. section with nets on board with a mesh (7) Addition or deletion of in the Federal Register. size smaller than the minimum size exemptions. (i) An exemption may be (ii) The NEFMC may recommend to specified, provided that the nets are added in an existing fishery for which the Regional Director, through the stowed in accordance with one of the there are sufficient data or information framework procedure specified in methods specified in § 648.23(b), and to ascertain the amount of regulated § 648.90(b), additions or deletions to provided the vessel has no fish on species bycatch, if the Regional Director, exemptions for fisheries, either existing board. after consultation with the NEFMC, or proposed, for which there may be (iii) Vessels subject to the minimum determines that the percentage of insufficient data or information for the mesh size restrictions specified in regulated species caught as bycatch is, Regional Director to determine, without 34998 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations public comment, percentage catch of percent, by weight, of all other species when fishing in Small Mesh Area 2. A regulated species. on board. vessel may not fish for, possess on (iii) The Regional Director may, using (C) A limit on the possession of board, or land any species of fish other the process described in either lobsters of 10 percent, by weight, of all than: Butterfish, dogfish, herring, paragraph (a)(7)(i) or (ii) of this section, other species on board or 200 lobsters, mackerel, ocean pout, scup, squid, authorize an exemption for a white hake whichever is less. silver hake, and red hake, except for the fishery by vessels using regulated mesh (D) A limit on the possession of skate following species, with the restrictions or skate parts in the Southern New or hook gear. Determination of the noted, as allowable bycatch species: percentage of regulated species caught England regulated mesh area described Longhorn sculpin; monkfish and in such fishery shall not include white in paragraph (a)(10) of this section of 10 monkfish parts—up to 10 percent, by hake. percent, by weight, of all other species (iv) Exempted fisheries authorized on board. weight, of all other species on board; under this paragraph (a)(7) are subject, (8) Small Mesh Area 1/Small Mesh and American lobster—up to 10 percent, at minimum, to the following Area 2. Vessels subject to the minimum by weight, of all other species on board restrictions: mesh size restrictions specified in or 200 lobsters, whichever is less. These (A) With the exception of fisheries paragraph (a)(2) of this section may fish areas are defined by straight lines authorized under paragraph (a)(7)(iii) of with or possess nets with a mesh size connecting the following points in the this section, a prohibition on the smaller than the minimum size order stated (copies of a map depicting possession of regulated species. specified from July 15 through October these areas are available from the (B) A limit on the possession of 31 when fishing in Small Mesh Area 1, Regional Director upon request): monkfish or monkfish parts of 10 and from January 1 through June 30

SMALL MESH AREA 1

Approximate Loran C Point N. Lat. W. Long. bearings

. SM1 ...... 43°03′ 70°27′ 13600 25910 SM2 ...... 42°57′ 70°22′ 13600 25840 SM3 ...... 42°47′ 70°32′ 13720 25840 SM4 ...... 42°45′ 70°29′ 13710 25810 SM5 ...... 42°43′ 70°32′ (1) 25810 SM6 ...... 42°44′ 70°39′ 13780 (1) SM7 ...... 42°49′ 70°43′ 13780 25910 SM8 ...... 42°50′ 70°41′ 13760 25910 SM9 ...... 42°53′ 70°43′ 13760 25935 SM10 ...... 42°55′ 70°40′ 25935 (1) SM11 ...... 42°59′ 70°32′ (1) 25910 SM1 ...... 43°03′ 70°27′ 13600 25910 1 3-mile line

SMALL MESH AREA 2

Approximate Loran C Point N. Lat. W. Long. bearings

SM13 ...... 43°20.3′ 69°59.4′ 13320 44480 SM14 ...... 43°25.9′ 69°45.6′ 13200 44480 SM15 ...... 42°49.5′ 69°40′ 13387.5 44298 SM16 ...... 42°41.5′ 69°40′ 13430 44260 SM17 ...... 42°34.9′ 70°00′ 13587 44260 SM13 ...... 43°20.3′ 69°59.4′ 13320 44480

(9) Nantucket Shoals dogfish fishery connecting the following points in the (i) Requirements. (A) A vessel fishing exemption area. Vessels subject to the order stated: in the Nantucket Shoals Dogfish Fishery minimum mesh size restrictions Exemption Area under the exemption specified in paragraph (a)(2) of this NANTUCKET SHOALS DOGFISH must have on board a letter of section may fish with, use, or possess EXEMPTION AREA authorization issued by the Regional nets of mesh smaller than the minimum Director and may not fish for, possess size specified in the Nantucket Shoals Point N. Lat. W. Long. on board, or land any species of fish Dogfish Fishery Exemption Area, if the other than dogfish, except as provided NS1 ...... 41°45′ 70°00′ under paragraph (a)(9)(i)(D) of this vessel complies with the requirements ° ′ ° ′ NS2 ...... 41 45 69 20 section. specified in paragraph (a)(9)(i) of this ° ′ ° ′ NS3 ...... 41 30 69 20 (B) Fishing is confined to June 1 section. The Nantucket Shoals Dogfish ° ′ ° ′ Cl1 ...... 41 30 69 23 through October 15. Fishery Exemption Area (copies of a NS5 ...... 41°26.5′ 69°20′ ° ′ ° ′ (C) When transitting the GOM/GB map depicting this area are available NS6 ...... 40 50 69 20 regulated mesh area, specified under from the Regional Director upon NS7 ...... 40°50′ 70°00′ ° ′ ° ′ paragraph (a)(1) of this section, any nets request) is defined by straight lines NS1 ...... 41 45 70 00 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34999 minimum mesh size specified in immediate use in accordance with available for immediate use in paragraph (a)(2) of this section must be § 648.23(b) by a vessel fishing under a accordance with § 648.23(b), and stowed and unavailable for immediate DAS in the multispecies DAS program provided that regulated species were not use in accordance with § 648.23(b). in the SNE regulated mesh area, is 6- harvested by nets of mesh size smaller (D) The following species may be inch (15.24-cm) square or diamond than the minimum mesh size specified retained, with the restrictions noted, as mesh throughout the entire net. This in paragraph (b)(2)(i) of this section. allowable bycatch species in the restriction does not apply to vessels that Vessels fishing for the exempted species Nantucket Shoals Dogfish Fishery have not been issued a multispecies identified in paragraph (b)(3)(i) of this Exemption Area: Longhorn sculpin; permit and that are fishing exclusively section may also possess and retain the silver hake—up to two standard totes; in state waters. following species, with the restrictions monkfish and monkfish parts—up to 10 (ii) Large Mesh vessels. When fishing noted, as incidental take to these percent, by weight, of all other species in the SNE regulated mesh area, the exempted fisheries: Conger eels; on board; American lobster—up to 10 minimum mesh size for any sink gillnet searobins; black sea bass; red hake; percent, by weight, of all other species on a vessel, or used by a vessel, fishing tautog (blackfish); blowfish; cunner; on board or 200 lobsters, whichever is under a DAS in the Large Mesh DAS John Dory; mullet; bluefish; tilefish; less; and skate or skate parts—up to 10 program specified in § 648.82(b) (6) and longhorn sculpin; fourspot flounder; percent, by weight, of all other species (7) is 7-inch (17.78-cm) diamond mesh alewife; hickory shad; American shad; on board. throughout the entire net. The minimum blueback herring; sea ravens; Atlantic (E) A vessel fishing in the Nantucket mesh size for any trawl net on a vessel croaker; spot; swordfish; monkfish and Shoals Dogfish Fishery Exemption Area or used by a vessel fishing under a DAS monkfish parts—up to 10 percent, by under the exemption must comply with in the Large Mesh DAS program is 8- weight, of all other species on board; any additional gear restrictions inch (20.32-cm) diamond mesh American lobster—up to 10 percent, by specified in the letter of authorization throughout the entire net. This weight, of all other species on board or issued by the Regional Director. restriction does not apply to nets or 200 lobsters, whichever is less; and (ii) Sea sampling. The Regional pieces of nets smaller than 3 ft (0.9 m) skate and skate parts—up to 10 percent, Director may conduct periodic sea x 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to by weight, of all other species on board. sampling to determine if there is a need vessels that have not been issued a (4) Addition or deletion of to change the area or season multispecies permit and that are fishing exemptions. Same as paragraph (a)(7) of designation, and to evaluate the bycatch exclusively in state waters. this section. of regulated species. (iii) Other gear and mesh exemptions. (c) Mid-Atlantic (MA) Regulated Mesh (b) Southern New England (SNE) The minimum mesh size for any trawl Area—(1) Area definition. The MA Regulated Mesh Area—(1) Area net, sink gillnet, Scottish seine, Regulated Mesh Area (copies of a map definition. The SNE Regulated Mesh midwater trawl, or purse seine in use or depicting this area are available from Area (copies of a map depicting this available for immediate use, as the Regional Director upon request) is area are available from the Regional described under § 648.23(b), by a vessel that area bounded on the east by a line Director upon request) is that area: when not fishing under the NE running from the Rhode Island ° ′ (i) bounded on the east by straight multispecies DAS program and when shoreline along 71 47.5 W. long. to its lines connecting the following points in fishing in the SNE regulated mesh area intersection with the 3-nm line, south the order stated: is specified under the exemptions set along the 3-nm line to Montauk Point, forth in paragraphs (b)(3), (c), (e), (h), southwesterly along the 3-nm line to the ° ′ SOUTHERN NEW ENGLAND REGULATED and (i) of this section. Vessels that are intersection of 72 30 W. long., and MESH AREA not fishing in one of these exemption south along that line to the intersection programs, with exempted gear (as of the outer boundary of the EEZ. Point N. Lat. W. Long. defined under this part), or under the (2) Gear restrictions—(i) Minimum scallop state waters exemption specified mesh size. Except as provided in G5 ...... 41°18.6′ 66°24.8′ in § 648.54, or under a NE multispecies paragraphs (c)(3) and (i) of this section, G6 ...... 40°55.5′ 66°38′ DAS, are prohibited from fishing in the and unless otherwise restricted under G7 ...... 40°45.5′ 68°00′ SNE regulated mesh area. paragraph (c)(2)(ii) of this section, the G8 ...... 40°37′ 68°00′ (3) Exemptions—(i) Species minimum mesh size for any trawl net, G9 ...... 40°30.5′ 69°00′ exemptions. Vessels subject to the sink gillnet, Scottish seine, purse seine NL3 ...... 40°22.7′ 69°00′ ° ′ ° ′ minimum mesh size restrictions or midwater trawl not stowed or not NL2 ...... 40 18.7 69 40 specified in paragraph (b)(2) of this unavailable for immediate use as NL1 ...... 40°50′ 69°40′ G11 ...... 40°50′ 70°00′ section may fish for, harvest, possess, or described in § 648.23(b), by a vessel G12 ...... 1 70°00′ land butterfish, dogfish, herring, fishing under a DAS in the NE mackerel, ocean pout, scup, shrimp, multispecies DAS program in the MA 1 Northward to its intersection with the squid, summer flounder, silver hake, Regulated Mesh Area shall be that shoreline of mainland Massachusetts. and weakfish with nets with a mesh size specified at § 648.104(a). This restriction (ii) bounded on the west by the smaller than the minimum size does not apply to vessels that have not eastern boundary of the Mid-Atlantic specified in the SNE Regulated Mesh been issued a multispecies permit and Regulated Mesh Area. Area, provided such vessels comply that are fishing exclusively in state (2) Gear restrictions—(i) Minimum with the requirements specified in waters. mesh size. Except as provided in paragraph (b)(3)(ii) of this section. (ii) Large mesh vessels. When fishing paragraphs (b)(2) (iii) and (i) of this (ii) Possession and net stowage in the MA Regulated Mesh Area, the section, and unless otherwise restricted requirements. Vessels may possess minimum mesh size for any sink gillnet under paragraph (b)(2)(ii) of this section, regulated species while in possession of on a vessel, or used by a vessel, fishing the minimum mesh size for any trawl nets with mesh smaller than the under a DAS in the Large Mesh DAS net, sink gillnet, Scottish seine, purse minimum size specified in paragraph program specified in § 648.82(b) (6) and seine or midwater trawl, not stowed and (b)(2)(i) of this section, provided that (7) is 7-inch (17.78-cm) diamond mesh not unavailable in use or available for such nets are stowed and are not throughout the entire net. The minimum 35000 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations mesh size for any trawl net on a vessel, blueback herring, mackerel, or (ii) A fishing vessel may not use a net or used by a vessel, fishing under a DAS menhaden; and capable of catching multispecies if the in the Large Mesh DAS program is 8- (4) The vessel does not fish for, bars entering or exiting the knots twist inch (20.32-cm) diamond mesh possess, or land NE multispecies. around each other. throughout the net. This restriction does (f) Mesh measurements—(1) Gillnets. (3) Pair trawl prohibition. No vessel not apply to nets or pieces of nets Beginning October 15, 1996, mesh size may fish for NE multispecies while pair smaller than 3 ft (0.9 m) x 3 ft (0.9 m), of gillnet gear shall be measured by trawling, or possess or land NE (9 ft2 (0.81 m2)), or to vessels that have lining up five consecutive knots multispecies that have been harvested not been issued a multispecies permit perpendicular to the float line and, with by means of pair trawling. and that are fishing exclusively in state a ruler or tape measure, measuring ten (h) Scallop vessels. (1) Except as waters. consecutive measures on the diamond, provided in paragraph (h)(2) of this (3) Net stowage exemption. Vessels inside knot to inside knot. The mesh section, a scallop vessel that possesses may possess regulated species while in shall be the average of the a limited access scallop permit and possession of nets with mesh smaller measurements of ten consecutive either a multispecies combination vessel than the minimum size specified in measures. permit or a scallop multispecies paragraph (c)(2)(i) of this section, (2) All other nets. With the exception possession limit permit, and that is provided that such nets are stowed and of gillnets, mesh size shall be measured fishing under a scallop DAS allocated are not available for immediate use in by a wedged-shaped gauge having a under § 648.53, may possess and land accordance with § 648.23(b), and taper of 2 cm in 8 cm and a thickness up to 300 lb (136.1 kg) of regulated provided that regulated species were not of 2.3 mm, inserted into the meshes species, provided it has at least one harvested by nets of mesh size smaller under a pressure or pull of 5 kg. standard tote on board, unless otherwise (i) Square-mesh measurement. Square than the minimum mesh size specified restricted by § 648.86(a)(2). in paragraph (c)(2)(i) of this section. mesh in the regulated portion of the net is measured by placing the net gauge (2) Combination vessels fishing under (4) Additional exemptions. The a NE multispecies DAS are subject to Regional Director may, using the along the diagonal line that connects the largest opening between opposite the gear restrictions specified in process described in either paragraph § 648.80 and may possess and land (a)(7) (i) or (ii) of this section, authorize corners of the square. The square mesh size is the average of the measurements unlimited amounts of regulated species. an exemption for a white hake fishery Such vessels may simultaneously fish by vessels using regulated mesh or hook of 20 consecutive adjacent meshes from the terminus forward along the long axis under a scallop DAS. gear. Determination of the percentage of (i) State waters winter flounder regulated species caught in such a of the net. The square mesh is measured at least five meshes away from the exemption. Any vessel issued a fishery shall not include white hake. multispecies permit may fish for, (d) Midwater trawl gear exemption. lacings of the net. (ii) Diamond-mesh measurement. possess, or land winter flounder while Fishing may take place throughout the fishing with nets of mesh smaller than fishing year with midwater trawl gear of Diamond mesh in the regulated portion of the net is measured running parallel the minimum size specified in mesh size less than the applicable paragraphs (a)(2), (b)(2), and (c)(2) of minimum size specified in this section, to the long axis of the net. The mesh size is the average of the measurements this section, provided that: provided that: (1) The vessel has on board a (1) Midwater trawl gear is used of any series of 20 consecutive meshes. The mesh is measured at least five certificate approved by the Regional exclusively; Director and issued by the state agency (2) When fishing under this meshes away from the lacings of the net. authorizing the vessel’s participation in exemption in the GOM/GB and SB/JL (g) Restrictions on gear and methods the state’s winter flounder fishing Areas, the vessel has on board a letter of fishing—(1) Net obstruction or program and is in compliance with the of authorization issued by the Regional constriction. A fishing vessel shall not applicable state laws pertaining to Director; use any device or material, including, minimum mesh size for winter flounder. (3) The vessel only fishes for, but not limited to, nets, net possesses, or lands Atlantic herring, strengtheners, ropes, lines, or chafing (2) Fishing is conducted exclusively blueback herring, mackerel, or squid in gear, on the top of a trawl net, except in the waters of the state from which the areas south of 42°20′ N. lat.; and that one splitting strap and one bull certificate was obtained. Atlantic herring, blueback herring, or rope (if present), consisting of line and (3) The state’s winter flounder plan mackerel in areas north of 42°20′ N. lat; rope no more than 3 inches (7.62 cm) in has been approved by the Commission and diameter, may be used if such splitting as being in compliance with the (4) The vessel does not fish for, strap and/or bull rope does not constrict Commission’s winter flounder fishery possess, or land NE multispecies. in any manner the top of the trawl net. management plan. (e) Purse seine gear exemption. ‘‘The top of the trawl net’’ means the 50 (4) The state elects, by a letter to the Fishing may take place throughout the percent of the net that (in a hypothetical Regional Director, to participate in the fishing year with purse seine gear of situation) would not be in contact with exemption program described by this mesh size smaller than the applicable the ocean bottom during a tow if the net section. minimum size specified in this section, were laid flat on the ocean floor. For the (5) The vessel does not enter or transit provided that: purpose of this paragraph (g)(1), head the EEZ. (1) The vessel uses purse seine gear ropes are not considered part of the top (6) The vessel does not enter or transit exclusively; of the trawl net. the waters of another state, unless such (2) When fishing under this (2) Mesh obstruction or constriction. other state is participating in the exemption in the GOM/GB and SB/JL (i) A fishing vessel may not use any exemption program described by this areas, the vessel has on board an mesh configuration, mesh construction, section and the vessel is enrolled in that authorizing letter issued by the Regional or other means on or in the top of the state’s program. Director; net, as defined in paragraph (g)(1) of this (7) The vessel, when not fishing under (3) The vessel only fishes for, section, if it obstructs the meshes of the the DAS program, does not fish for, possesses, or lands Atlantic herring, net in any manner. possess, or land more than 500 lb (226.8 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35001 kg) of winter flounder, and has at least CLOSED AREA II (C) The vessel has no gear other than one standard tote on board. rod and reel or handline gear on board. (8) The vessel does not fish for, Point N. Lat. W. Long. (d) Transitting. Vessels may transit Closed Area I, the Nantucket Lightship possess, or land any species of fish other ClI1 ...... 41°00′ 67°20′ Closed Area, the NE Closure Area, the than winter flounder and the exempted ° ′ ° ′ ClI2 ...... 41 00 66 35.8 Mid-coast Closure Area, and the small mesh species specified under ° ′ ° ′ G5 ...... 41 18.6 66 24.8 (the Massachusetts Bay Closure Area, as U.S.-Canada paragraphs (a)(3)(i), (a)(8)(iii), (b)(3), and defined in paragraphs (a)(1), (c)(1), (c)(3) of this section when fishing in the Maritime Boundary) (f)(1), (g)(1), and (h)(1), respectively, of areas specified under paragraphs (a)(3), ° ′ ° ′ this section, provided that their gear is (a)(8), (b)(1), and (c)(1) of this section, ClI3 ...... 42 22 67 20 (the U.S.-Canada stowed in accordance with the respectively. Vessels fishing under this Maritime provisions of paragraph (e) of this exemption in New York and Boundary) section. Connecticut state waters may also ClI1 ...... 41°00′ 67°20′ (e) Gear stowage requirements. possess and retain skate as incidental Vessels transitting the closed areas must take in this fishery. (2) Paragraph (b)(1) of this section stow their gear as follows: (9) The vessel complies with all other does not apply to persons on fishing (1) Nets. In accordance with one of applicable requirements. vessels or fishing vessels fishing with the methods specified in § 648.23(b) and gears as in paragraph (a)(2) (i) or (ii) of capable of being shown not to have been § 648.81 Closed areas. this section, or that are transitting the in recent use. area, provided— (2) Scallop dredges. The towing wire (a) Closed Area I. (1) No fishing vessel (i) The operator has determined that is detached from the scallop dredge, the or person on a fishing vessel may enter, there is a compelling safety reason; and towing wire is reeled up onto the winch, fish, or be in the area known as Closed (ii) The vessel’s fishing gear is stowed and the dredge is secured and covered Area I (copies of a map depicting this in accordance with the requirements of so that it is rendered unusable for area are available from the Regional paragraph (e) of this section. fishing. Director upon request), as defined by (c) Nantucket Lightship Closed Area. (3) Hook gear (other than pelagic). All straight lines connecting the following (1) No fishing vessel or person on a anchors and buoys are secured and all points in the order stated, except as fishing vessel may enter, fish, or be in hook gear, including jigging machines, specified in paragraphs (a)(2) and (d) of the area known as the Nantucket is covered. this section: Lightship Closed Area (copies of a map (4) Sink gillnet gear. All nets are depicting this area are available from covered with canvas or other similar CLOSED AREA I the Regional Director upon request), as material and lashed or otherwise defined by straight lines connecting the securely fastened to the deck or rail, and Point N. Lat. W. Long. following points in the order stated, all buoys larger than 6 inches (15.24 cm) in diameter, high flyers, and anchors are ° ′ ° ′ except as specified in paragraphs (c)(2) CI1 ...... 41 30 69 23 and (d) of this section: disconnected. CI2 ...... 40°45′ 68°45′ (f) NE Closure Area. (1) From August CI3 ...... 40°45′ 68°30′ NANTUCKET LIGHTSHIP CLOSED AREA 15 through September 13, no fishing CI4 ...... 41°30′ 68°30′ vessel or person on a fishing vessel may ° ′ ° ′ CI1 ...... 41 30 69 23 Point N. Lat. W. Long. enter, fish, or be, and no fishing gear capable of catching NE multispecies, (2) Paragraph (a)(1) of this section G10 ...... 40°50′ 69°00′ unless otherwise allowed in this part ° ′ ° ′ does not apply to persons on fishing CN1 ...... 40 20 69 00 may be, in the area known as the NE CN2 ...... 40°20′ 70°20′ Closure Area (copies of a map depicting vessels or fishing vessels— ° ′ ° ′ CN3 ...... 40 50 70 20 this area are available from the Regional (i) Fishing with or using pot gear G10 ...... 40°50′ 69°00′ Director upon request), as defined by designed and used to take lobsters, or straight lines connecting the following pot gear designed and used to take points in the order stated, except as hagfish, and that have no other gear on (2) Paragraph (c)(1) of this section specified in paragraphs (d) and (f)(2) of board capable of catching NE does not apply to persons on fishing this section: multispecies; or vessels or fishing vessels— (ii) Fishing with or using pelagic hook (i) Fishing with gear as in paragraph NORTHEAST CLOSURE AREA or longline gear or harpoon gear, (a)(2) (i) or (ii) of this section; provided that there is no retention of (ii) Fishing with or using dredge gear Point N. Lat. W. Long. designed and used to take surf clams or regulated species, and provided that ocean quahogs, and that have no other NE1 ...... (1) 68°55.0′ there is no other gear on board capable gear on board capable of catching NE NE2 ...... 43°29.6′ 68°55.0′ of catching NE multispecies. ° ′ ° ′ multispecies; or NE3 ...... 44 04.4 67 48.7 (b) Closed Area II. (1) No fishing NE4 ...... 44°06.9′ 67°52.8′ (iii) Classified as charter, party or ° ′ ° ′ vessel or person on a fishing vessel may NE5 ...... 44 31.2 67 02.7 recreational vessel, provided that— NE6 ...... (1) 67°02.7′ enter, fish, or be in the area known as (A) If the vessel is a party or charter Closed Area II (copies of a map vessel, it has a letter of authorization 1 Maine shoreline. depicting this area is available from the issued by the Regional Director on (2) Paragraph (f)(1) of this section Regional Director upon request), as board; does not apply to persons on fishing defined by straight lines connecting the (B) Fish harvested or possessed by the vessels or fishing vessels: following points in the order stated, vessel are not sold or intended for trade, (i) That have not been issued a except as specified in paragraph (b)(2) of barter or sale, regardless of where the multispecies permit and that are fishing this section: fish are caught; and exclusively in state waters; 35002 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

(ii) That are fishing with or using MASSACHUSETTS BAY CLOSURE AREAÐ permit; limited access multispecies exempted gear as defined under this Continued hook-gear permit; limited access part, excluding midwater trawl gear, multispecies gillnet permit that has not provided that there is no other gear on Point N. Lat. W. Long. also been issued a DAS permit; or a board capable of catching NE limited access multispecies small vessel multispecies; or MB7 ...... 42°00′ (1) (less than or equal to 45 ft (13.7 m)) (iii) That are classified as charter, 1 Massachusetts shoreline. permit and that is larger than 20 ft (6.1 party, or recreational. 2 Cape Cod shoreline. m) in length as determined by its most (g) Mid-coast Closure Area. (1) From recent permit application, as of July 1, November 1 through December 31, no (2) Paragraph (h)(1) of this section 1996, shall be initially assigned to the fishing vessel or person on a fishing does not apply to persons on fishing fleet DAS category. vessel may enter, fish, or be, and no vessels or fishing vessels that meet the (3) Small vessel category—(i) DAS fishing gear capable of catching criteria in paragraph (f)(2)(i), (ii), or (iii) allocation. A vessel qualified and multispecies, unless otherwise allowed of this section. electing to fish under the small vessel in this part, may be in the area known § 648.82 Effort-control program for limited category may retain cod, haddock, and as the Mid-coast Closure Area, as access vessels. yellowtail flounder, combined up to 300 defined by straight lines connecting the (a) General. A vessel issued an limited lb (136.1 kg) per trip without being following points in the order stated, access multispecies permit may not fish subject to DAS restrictions. Such a except as specified in paragraphs (d) for, possess, or land regulated species, vessel is not subject to a possession and (g)(2) of this section (copies of a except during a DAS as allocated under limit for other NE multispecies. (ii) Initial assignment. A vessel issued map depicting this area are available and in accordance with the applicable a valid limited access multispecies from the Regional Director upon DAS program described in this section, request): permit and fishing under the small unless otherwise provided in these vessel category (less than or equal to 45 regulations. MID-COAST CLOSURE AREA ft (13.7 m)) permit as of July 1, 1996, (b) DAS program—permit categories, and that is 20 ft (6.1 m) or less in length allocations and initial assignments to Point N. Lat. W. Long. as determined by the vessel’s last categories. Beginning with the 1996 application for a permit, shall be MC1 ...... 42°30′ (1) fishing year, all limited access initially assigned to the small vessel MC2 ...... 42°30′ 70°15′ multispecies permit holders shall be ° ′ ° ′ category. Any other vessel may elect to MC3 ...... 42 40 70 15 assigned to one of the following DAS switch into this category, as provided MC4 ...... 42°40′ 70°00′ permit categories according to the for in § 648.4(a)(1)(i)(I)(2), if such vessel MC5 ...... 43°00′ 70°00′ criteria specified. Permit holders may MC6 ...... 43°00′ 69°30′ meets or complies with the following: ° ′ ° ′ request a change in permit category for (A) The vessel is 30 ft (9.1 m) or less MC7 ...... 43 15 69 30 the 1996 fishing year and all fishing MC8 ...... 43°15′ 69°00′ in length overall as determined by MC9 ...... (2) 69°00'W years thereafter, as specified in measuring along a horizontal line drawn § 648.4(a)(1)(i)(I)(2). Each fishing year from a perpendicular raised from the 1 Massachusetts shoreline. shall begin on May 1 and extend 2 Maine shoreline. outside of the most forward portion of through April 30 of the following year. the stem of the vessel to a perpendicular (2) Paragraph (g)(1) of this section (1) Individual DAS category—(i) DAS raised from the after most portion of the does not apply to persons on fishing allocation. A vessel fishing under the stern. vessels or fishing vessels that meet the individual DAS category shall be (B) If construction of the vessel was criteria in paragraph (f)(2)(i), (ii), or (iii) allocated 65 percent of its initial 1994 begun after May 1, 1994, the vessel must of this section. allocation baseline, as established under be constructed such that the quotient of (h) Massachusetts Bay Closure Area. Amendment 5 to the NE Multispecies the overall length divided by the beam (1) During the period March 1 through FMP, for the 1996 fishing year and 50 is not less than 2.5. March 30, no fishing vessel or person on percent of its initial allocation baseline (C) Acceptable verification for vessels a fishing vessel may enter, fish, or be in; for the 1997 fishing year and beyond, as 20 ft (6.1 m) or less in length shall be and no fishing gear capable of catching calculated under paragraph (d)(1) of this USCG documentation or state NE multispecies, unless otherwise section. registration papers. For vessels over 20 allowed in this part, may be in the area (ii) Initial assignment. Any vessel ft (6.1 m) in length, the measurement of known as the Massachusetts Bay issued a valid limited access length must be verified in writing by a Closure Area (copies of a map depicting multispecies individual DAS permit, qualified marine surveyor, or the this area are available from the Regional including any vessel also issued a builder, based on the vessel’s Director upon request), as defined by limited access multispecies gillnet construction plans, or by other means straight lines connecting the following permit, as of July 1, 1996, shall be determined acceptable by the Regional points in the order stated, except as initially assigned to the individual DAS Director. A copy of the verification must specified in paragraphs (d) and (h)(2) of category. accompany an application for a this section: (2) Fleet DAS category—(i) DAS multispecies permit. allocation. A vessel fishing under the (D) Adjustments to the small vessel MASSACHUSETTS BAY CLOSURE AREA fleet DAS category shall be allocated category requirements, including 116 DAS (139 DAS multiplied by the changes to the length requirement, if Point N. Lat. W. Long. proration factor of 0.83) for the 1996 required to meet fishing mortality goals, fishing year and 88 DAS for the 1997 MB1 ...... 42°30′ (1) may be made by the Regional Director MB2 ...... 42°30′ 70°30′ fishing year and beyond. following framework procedures of MB3 ...... 42°12′ 70°30′ (ii) Initial assignment. Any vessel § 648.90. MB4 ...... 42°12′ 70°00′ issued a valid fleet DAS permit, (4) Hook-gear category—(i) DAS MB5 ...... (2) 70°00′ including any vessel also issued a allocation. Any vessel issued a valid MB6 ...... 42°00′ (2) limited access multispecies gillnet limited access multispecies hook-gear Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35003 permit shall be allocated 116 DAS (139 that is initially assigned to the than 10 percent of the vessel’s total DAS multiplied by the proration factor individual DAS, fleet DAS, or small landings were comprised of regulated of 0.83) for the 1996 fishing year and 88 vessel category may request and be species, minus any days for such trips DAS for the 1997 fishing year, and granted a switch into this category as in which a scallop dredge was used; beyond. A vessel fishing under this specified in § 648.4(a)(1)(i)(I)(2). (ii) Exclude the year of least NE category in the DAS program must meet (7) Large Mesh Fleet DAS category— multispecies DAS; and or comply with the following while (i) DAS allocation. A vessel fishing (iii) If 2 years of multispecies DAS are fishing for, in possession of, or landing, under the large mesh fleet DAS category remaining, average those years’ DAS; or regulated species: shall be allocated 129 DAS (155 DAS (iv) If only 1 year remains, use that (A) Vessels, and persons on such multiplied by the proration factor of year’s DAS. vessels, are prohibited from possessing 0.83) for the 1996 fishing year and 120 (2) Appeal of DAS allocation. (i) gear other than hook gear on board the DAS for the 1997 fishing year, and Initial allocations of individual DAS to vessel. beyond. To be eligible to fish under the those vessels authorized to appeal under (B) Vessels, and persons on such large mesh fleet DAS category, a vessel paragraph (c) of this section may be vessels, are prohibited from fishing, while fishing under this category must appealed to the Regional Director if a setting, or hauling back, per day, or fish with gillnet gear with a minimum request to appeal is received by the possessing on board the vessel, more mesh size of 7-inch (17.78-cm) diamond Regional Director no later than July 31, than 4,500 rigged hooks. An unbaited mesh or with trawl gear with a 1996, or 30 days after the initial hook and gangion that has not been minimum mesh size of 8-inch (20.32- allocation is made, whichever is later. secured to the ground line of the trawl cm) diamond mesh, as described under Any such appeal must be in writing and on board a vessel is deemed to be a § 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). be based on one or more of the replacement hook and is not counted (ii) Initial assignment. No vessel shall following grounds: toward the 4,500-hook limit. A ‘‘snap- be initially assigned to the large mesh (A) The information used by the on’’ hook is deemed to be a replacement fleet DAS category. Any vessel that is Regional Director was based on hook if it is not rigged or baited. initially assigned to the individual DAS, mistaken or incorrect data. (ii) Initial assignment. No vessel shall fleet DAS, or small vessel category may (B) The applicant was prevented by be initially assigned to the hook-gear request and be granted a switch into this circumstances beyond his/her control category. Any vessel that meets the category as specified in from meeting relevant criteria. qualifications specified in § 648.4(a)(1)(i)(I)(2). (C) The applicant has new or § 648.4(a)(1)(ii) may apply for and (c) 1996 DAS appeals. (1) Previously additional information. obtain a permit to fish under this exempted vessels. A vessel that was (ii) The Regional Director will appoint category. issued a valid 1995 limited access a designee who will make an initial (5) Combination vessel category—(i) multispecies permit, and that has been decision on the written appeal. DAS allocation. A vessel fishing under fishing under the small vessel (less than (iii) If the applicant is not satisfied the combination vessel category shall be or equal to 45 ft (13.7 m)), hook-gear, or with the initial decision, the applicant allocated 65 percent of its initial 1994 gillnet categories, is eligible to appeal its may request that the appeal be allocation baseline, as established under allocation of DAS, if it has not presented at a hearing before an officer Amendment 5 to the FMP, for the 1996 previously done so, as described under appointed by the Regional Director. fishing year and 50 percent of its initial paragraph (d)(2) of this section. Each (iv) The hearing officer shall present allocation baseline for the 1997 fishing vessel’s initial allocation of DAS will be his/her findings to the Regional Director year and beyond, as calculated under considered to be 176 DAS for purposes and the Regional Director will make a paragraph (d)(1) of this section. of this appeal (i.e., the fleet DAS decision on the appeal. The Regional (ii) Initial assignment. A vessel issued category baseline prior to the 1996–1997 Director’s decision on this appeal is the a valid limited access multispecies reductions). final administrative decision of the permit qualified to fish as a combination (2) Exempted gillnet vessels that held Department of Commerce. vessel as of July 1, 1996, shall be an individual DAS permit. A vessel that (3) Status of vessels pending appeal of assigned to the combination vessel was issued a valid 1995 limited access DAS allocations. While a vessel’s category. multispecies permit and that has been individual DAS allocation is under (6) Large Mesh Individual DAS fishing under both the gillnet and appeal, the vessel may fish under the category—(i) DAS allocation. A vessel individual DAS categories, is eligible to fleet DAS category until the Regional fishing under the large mesh individual appeal its allocation of gillnet DAS, as Director has made a final determination DAS category shall be allocated a DAS described under paragraph (d)(2) of this on the appeal. Any DAS spent fishing increase of 12 percent in year one and section. Each vessel’s initial allocation for regulated species by a vessel while of 36 percent in year two beyond the of DAS will be considered to be 176 that vessel’s initial DAS allocation is DAS allocations specified in paragraph DAS for purposes of this appeal (i.e., the under appeal, shall be counted against (b)(1)(i) of this section (this includes the fleet DAS category baseline prior to the any DAS allocation that the vessel may proration factor for 1996). To be eligible 1996–1997 reductions). ultimately receive. to fish under the large mesh individual (d) Individual DAS allocations—(1) (e) Accrual of DAS. Same as DAS category, a vessel while fishing Calculation of a vessel’s individual § 648.53(e). under this category must fish with DAS. The DAS assigned to a vessel for (f) Good Samaritan credit. Same as gillnet gear with a minimum mesh size purposes of determining that vessel’s § 648.53(f). of 7-inch (17.78-cm) diamond mesh or annual allocation under the individual (g) Spawning season restrictions. A with trawl gear with a minimum mesh DAS program is calculated as follows: vessel issued a valid small vessel permit size of 8-inch (20.32-cm) diamond (i) Count the total number of the under paragraph (b)(3) of this section mesh, as described under § 648.80 vessel’s NE multispecies DAS for the may not fish for, possess, or land (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). years 1988, 1989, and 1990. NE regulated species from March 1 through (ii) Initial assignment. No vessel shall multispecies DAS are deemed to be the March 20 of each year. Any other vessel be initially assigned to the large mesh total number of days the vessel was issued a limited access multispecies individual DAS category. Any vessel absent from port for a trip where greater permit must declare out and be out of 35004 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations the regulated NE multispecies for a 20- fish and are not offered or intended for marked at the extremity of the deviation day period between March 1 and May sale, trade, or barter. with an additional marker, which must 31 of each fishing year using the (2) Recreational, party, and charter display two or more visible streamers notification requirements specified in vessels may possess fillets less than the and may either be attached to or § 648.10. If a vessel owner has not minimum size specified, if the fillets are independent of the gear. declared and been out for a 20-day taken from legal-sized fish and are not § 648.85 Flexible Area Action System. period between March 1 and May 31 of offered or intended for sale, trade or each fishing year on or before May 12 barter. (a) The Chair of the Multispecies of each such year, the vessel is (c) Adjustments. (1) At any time when Oversight Committee, upon learning of prohibited from fishing for, possessing information is available, the NEFMC the presence of discard problems or landing any regulated species after will review the best available mesh associated with large concentrations of May 11 of such year for the number of selectivity information to determine the juvenile, sublegal, or spawning days needed to fulfill the 20-day appropriate minimum size for the multispecies, shall determine if the requirement. species listed in paragraph (a) of this situation warrants further investigation (h) Declaring DAS and 20-day blocks. section, except winter flounder, and possible action. In making this A vessel’s owner or authorized according to the length at which 25 determination, the Committee Chair representative shall notify the Regional percent of the regulated species would shall consider the amount of discard of Director of a vessel’s participation in the be retained by the applicable minimum regulated species, the species targeted, DAS program and declaration of its 20- mesh size. the number and types of vessels day out period of the NE multispecies (2) Upon determination of the operating in the area, the location and fishery, using the notification appropriate minimum sizes, the NEFMC size of the area, and the resource requirements specified in § 648.10. shall propose the minimum fish sizes to condition of the impacted species. If he/ (i) Adjustments in annual DAS be implemented following the she determines it is necessary, the allocations. Adjustments in annual DAS procedures specified in § 648.90. Committee Chair will request the allocations, if required to meet fishing (3) Additional adjustments or changes Regional Director to initiate a fact mortality goals, may be made by the to the minimum fish sizes specified in finding investigation to verify the Regional Director following the paragraph (a) of this section, and situation and publish notification in the framework procedures of § 648.90. exemptions as specified in paragraph (b) Federal Register requesting public of this section, may be made at any time comments in accordance with the § 648.83 Minimum fish sizes. after implementation of the final rule as procedures therefor in Amendment 3 to (a) Minimum fish sizes. (1) Minimum specified under § 648.90. the NE Multispecies FMP. fish sizes for recreational vessels and (b) After examining the facts, the charter/party vessels that are not fishing § 648.84 Gear-marking requirements and Regional Director shall, within the under a NE multispecies DAS are gear restrictions. deadlines specified in Amendment 3, specified in § 648.89. All other vessels (a) Bottom-tending fixed gear, provide the technical analysis required are subject to the following minimum including, but not limited to gillnets by Amendment 3. fish sizes (TL): and longlines, designed for, capable of, (c) The NEFMC shall prepare an or fishing for NE multispecies must economic impact analysis of the MINIMUM FISH SIZES (TL) have the name of the owner or vessel, potential management options under or the official number of that vessel consideration within the deadlines Species Size (Inches) permanently affixed to any buoys, specified in Amendment 3. gillnets, longlines, or other appropriate (d) Copies of the analysis and reports Cod ...... 19 (48.3 cm) gear so that the name of the owner or prepared by the Regional Director and Haddock ...... 19 (48.3 cm) vessel or official number of the vessel is the NEFMC shall be made available for Pollock ...... 19 (48.3 cm) public review at the NEFMC’s office and Witch flounder (gray sole) .... 14 (35.6 cm) visible on the surface of the water. Yellowtail flounder ...... 13 (33.0 cm) (b) Bottom-tending fixed gear, the Committee shall hold a meeting/ American plaice (dab) ...... 14 (35.6 cm) including, but not limited to gillnets or public hearing, at which time it shall Winter flounder (blackback) 12 (30.48 cm) longline gear, must be marked so that review the analysis and reports and Redfish ...... 9 (22.9 cm) the westernmost end (measuring the request public comments. Upon review half compass circle from magnetic south of all available sources of information, (2) The minimum fish size applies to through west to, and including, north) the Committee shall determine what the whole fish or to any part of a fish of the gear displays a standard 12-inch course of action is warranted by the while possessed on board a vessel, (30.5-cm) tetrahedral corner radar facts and make a recommendation, except as provided in paragraph (b) of reflector and a pennant positioned on a consistent with the provisions of this section, and to whole fish only, staff at least 6 ft (1.8 m) above the buoy. Amendment 3 to the Regional Director. after landing. Fish or parts of fish must The easternmost end (meaning the half (e) By the deadline set in Amendment have skin on while possessed on board compass circle from magnetic north 3 the Regional Director shall either a vessel and at the time of landing in through east to, and including, south) of accept or reject the Committee’s order to meet minimum size the gear need display only the standard recommendation. If the recommended requirements. ‘‘Skin on’’ means the 12-inch (30.5-cm) tetrahedral radar action is consistent with the record entire portion of the skin normally reflector positioned in the same way. established by the fact-finding report, attached to the portion of the fish or fish (c) Continuous gillnets must not impact analysis, and comments received parts possessed. exceed 6,600 ft (2,011.7 m) between the at the public hearing, he/she shall (b) Exceptions. (1) Each person aboard end buoys. accept the Committee’s a vessel issued a limited access permit (d) In the GOM/GB regulated mesh recommendation and implement it and fishing under the DAS program may area specified in § 648.80(a), gillnet gear through notification in the Federal possess up to 25 lb (11.3 kg) of fillets set in an irregular pattern or in any way Register and by notice sent to all vessel that measure less than the minimum that deviates more than 30° from the owners holding multispecies permits. size, if such fillets are from legal-sized original course of the set must be The Regional Director shall also use Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35005 other appropriate media, including, but is less. Winter flounder on board a (c) Framework adjustment. (1) At least not limited to, mailings to the news vessel subject to this possession limit annually, the Regional Director will media, fishing industry associations and must be separated from other species of provide the NEFMC with the best radio broadcasts, to disseminate fish and stored so as to be readily available information on the status of information on the action to be available for inspection in standard Gulf of Maine harbor porpoise, implemented. totes. including estimates of abundance and (f) Once implemented, the Regional (c) Other possession restrictions. estimates of bycatch in the sink gillnet Director shall monitor the affected area Vessels are subject to any other fishery. Within 60 days of receipt of that to determine if the action is still applicable possession limit restrictions information, the NEFMC’s HPRT shall warranted. If the Regional Director of this part. complete a review of the data, assess the determines that the circumstances adequacy of existing regulations, under which the action was taken, § 648.87 Sink gillnet requirements to reduce harbor porpoise takes. evaluate the impacts of other measures based on the Regional Director’s report, that reduce harbor porpoise take and, if (a) Areas closed to sink gillnets. the NEFMC’s report, and the public necessary, recommend additional Section 648.81(f) through (h) sets forth comments, are no longer in existence, measures in light of the NEFMC’s harbor closed area restrictions to reduce the he/she shall terminate the action by porpoise mortality reduction goals. In take of harbor porpoise consistent with notification in the Federal Register. addition, the HPRT shall make a the harbor porpoise mortality reduction (g) Actions taken under this section determination on whether other will ordinarily become effective upon goals. (b) Additional areas closed to sink conservation issues exist that require a the date of filing with the Office of the management response to meet the goals Federal Register. The Regional Director gillnets. All persons owning or operating vessels must remove all of and objectives outlined in the NE may determine that facts warrant a Multispecies FMP. The HPRT shall delayed effective date. their sink gillnet gear from, and may not use, set, haul back, fish with, or possess report its findings and § 648.86 Possession restrictions. on board, unless stowed in accordance recommendations to the NEFMC. (a) Haddock—(1) NE multispecies with the requirements of § 648.23(b), a (2) After receiving and reviewing the DAS vessels. A vessel issued a limited sink gillnet in the EEZ portion of the HPRT’s findings and recommendations, access multispecies permit that is areas and for the times specified in the NEFMC shall determine whether fishing under a NE multispecies DAS paragraphs (b)(1) and (2) of this section, adjustments or additional management may land or possess on board up to and all persons owning or operating measures are necessary to meet the goals 1,000 lb (453.6 kg) of haddock provided vessels issued a limited access and objectives of the NE Multispecies it has at least one standard tote on multispecies permit must remove all of FMP. If the NEFMC determines that board. Haddock on board a vessel their sink gillnet gear from, and may not adjustments or additional management subject to this possession limit must be use, set, haul back, fish with, or possess measures are necessary, or at any other separated from other species of fish and on board, unless stowed in accordance time in consultation with the HPRT, it stored so as to be readily available for with the requirements of § 648.23(b), a shall develop and analyze appropriate inspection. sink gillnet in the EEZ portion of the management actions over the span of at (2) Scallop dredge vessels. (i) No areas and for the times specified in least two NEFMC meetings. person owning or operating a scallop paragraphs (b)(1) and (2) of this section. (3) The NEFMC may request, at any dredge vessel issued a multispecies (1) Mid-coast Closure Area. From permit may land haddock from, or time, that the HPRT review and make March 25 through April 25 of each recommendations on any harbor possess haddock on board, a scallop fishing year, the restrictions and dredge vessel, from January 1 through porpoise take reduction measures or requirements specified in paragraph develop additional take reduction June 30. (a)(2) of this section apply to the Mid- proposals. (ii) No person owning or operating a coast Closure area, as defined under scallop dredge vessel without a § 648.81(g)(1). (4) The NEFMC shall provide the multispecies permit may possess (2) Cape Cod South Area Closure. public with advance notice of the haddock in, or harvested from, the EEZ, From March 1 through March 10 of each availability of the proposals, appropriate from January 1 through June 30. fishing year, the restrictions and rationale, economic and biological (iii) From July 1 through December requirements specified under paragraph analyses, and opportunity to comment 31, scallop dredge vessel or persons (a)(2) of this section shall apply to the on them prior to and at the second owning or operating a scallop dredge area known as the Cape Cod South NEFMC meeting. The NEFMC’s vessel that is fishing under a scallop Closure Area (copies of a map depicting recommendation on adjustments or DAS allocated under § 648.53 may land this area are available from the Regional additions to management measures or possess on board up to 300 lb (136.1 Director upon request), which is the must come from one or more of the kg) of haddock provided the vessel has area bounded by straight lines categories specified under at least one standard tote on board. connecting the following points in the § 648.90(b)(1). Haddock on board a vessel subject to order stated. (5) If the NEFMC recommends that this possession limit must be separated the management measures should be from other species of fish and stored so CAPE COD SOUTH CLOSURE AREA issued as a final rule, the NEFMC must as to be readily available for inspection. consider at least the factors specified in (b) Winter flounder. A vessel issued a Point N. Lat. W. Long. limited access multispecies permit that § 648.90(b)(2). is fishing in the MA regulated mesh area CCS1 ...... (1) 71°45′ W (6) The Regional Director may accept, and is not fishing under a NE CCS2 ...... 40°40′ N 71°45′ W reject, or with NEFMC approval, modify multispecies DAS, may land, or possess CCS3 ...... 40°40′ N 70°30′ W the NEFMC’s recommendation, 2 ° ′ on board, winter flounder up to 10 CCS4 ...... ( ) 70 30 W including the NEFMC’s percent, by weight, of all other species 1 RI shoreline. recommendation to issue a final rule, as on board, or 200 lb (90.7 kg), whichever 2 MA shoreline. specified under § 648.90(b)(3). 35006 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

§ 648.88 Open access permit restrictions. multispecies charter/party permit is § 648.89 Recreational and charter/party (a) Handgear permit. A vessel issued subject to the restrictions on gear, restrictions. a valid open access multispecies recreational minimum fish sizes and (a) Recreational gear restrictions. handgear permit is subject to the prohibitions on sale specified in Persons aboard charter or party vessels following restrictions: § 648.89, and any other applicable permitted under this part and not (1) The vessel may possess and land provisions of this part. fishing under the DAS program, and recreational fishing vessels in the EEZ, up to 300 lb (136.1 kg) of cod, haddock, (c) Scallop multispecies possession and yellowtail flounder, combined, per are prohibited from fishing with more limit permit. A vessel that has been trip, and unlimited amounts of the other than two hooks per line and one line per issued a valid open access scallop NE multispecies, provided that it does angler and must stow all other fishing multispecies possession limit permit not use or possess on board gear other gear on board the vessel as specified than rod and reel or handlines while in may possess and land up to 300 lb under §§ 648.23(b) and 648.81(e) (2), (3), possession of, fishing for, or landing NE (136.1 kg) of regulated species when and (4). multispecies, and provided it has at fishing under a scallop DAS allocated (b) Recreational minimum fish sizes— least one standard tote on board. under § 648.53, provided the vessel does (1) Minimum fish sizes. Persons aboard (2) A vessel may not fish for, possess, not fish for, possess, or land haddock charter or party vessels permitted under or land regulated species from March 1 from January 1 through June 30 as this part and not fishing under the DAS through March 20 of each year. specified under § 648.86(a)(2)(i), and program, and recreational fishing (b) Charter/party permit. A vessel that provided the vessel has at least one vessels in the EEZ, are subject to has been issued a valid open access standard tote on board. minimum fish sizes (TL) as follows:

MINIMUM FISH SIZES (TL)

Inches Species 1996 1997+

Cod ...... 20 (50.8 cm) 21 (53.3 cm) Haddock ...... 20 (50.8 cm) 21 (53.3 cm) Pollock ...... 19 (48.3 cm) 19 (48.3 cm) Witch flounder (gray sole) ...... 14 (35.6 cm) 14 (35.6 cm) Yellowtail flounder ...... 13 (33.0 cm) 13 (33.0 cm) American plaice (dab) ...... 14 (35.6 cm) 14 (35.6 cm) Winter flounder (blackback) ...... 12 (30.5 cm) 12 (30.5 cm) Redfish ...... 9 (22.9 cm) 9 (22.9 cm)

(2) Exception. Vessels may possess transfer for a commercial purpose, or to options it develops are expected to meet fillets less than the minimum size attempt to sell, barter, trade, or the NE Multispecies FMP goals and specified, if the fillets are taken from otherwise transfer for a commercial objectives. The MSMC may review the legal-sized fish and are not offered or purpose, NE multispecies caught or performance of different user groups or intended for sale, trade or barter. landed by charter or party vessels fleet sectors in developing options. The (c) Possession restrictions. Each permitted under this part not fishing range of options developed by the person on a recreational vessel may not under a DAS or a recreational fishing MSMC may include any of the possess more than 10 cod and/or vessels fishing in the EEZ. management measures in the NE haddock, combined, in or harvested § 648.90 Framework specifications. Multispecies FMP, including, but not from the EEZ. limited to: Annual target TACs, which (a) Annual review. The Multispecies (1) For purposes of counting fish, must be based on the projected fishing Monitoring Committee (MSMC) shall fillets will be converted to whole fish at mortality levels required to meet the meet on or before November 15 of each the place of landing by dividing fillet goals and objectives outlined in the NE year to develop target TACs for the number by two. If fish are filleted into Multispecies FMP for the 10 regulated upcoming fishing year and options for a single (butterfly) fillet, such fillet shall species; DAS changes; possession limits; NEFMC consideration on any changes, be deemed to be from one whole fish. gear restrictions; closed areas; (2) Cod and haddock harvested by adjustment or additions to DAS permitting restrictions; minimum fish recreational vessels with more than one allocations, closed areas, or other sizes; recreational fishing measures; and person aboard may be pooled in one or measures necessary to achieve the NE any other management measures more containers. Compliance with the Multispecies FMP goals and objectives. currently included in the NE possession limit will be determined by (1) The MSMC shall review available Multispecies FMP. dividing the number of fish on board by data pertaining to: Catch and landings, the number of persons aboard. If there DAS and other measures of fishing (3) The NEFMC shall review the is a violation of the possession limit on effort, survey results, stock status, recommended target TACs and all of the board a vessel carrying more than one current estimates of fishing mortality, options developed by the MSMC and person, the violation shall be deemed to and any other relevant information. other relevant information, consider have been committed by the owner and (2) Based on this review, the MSMC public comment, and develop a operator. shall recommend target TACs and recommendation to meet the NE (3) Cod and haddock must be stored develop options necessary to achieve Multispecies FMP objective that is so as to be readily available for the FMP goals and objectives, which consistent with other applicable law. If inspection. may include a preferred option. The the NEFMC does not submit a (d) Restrictions on sale. It is unlawful MSMC must demonstrate through recommendation that meets the NE to sell, barter, trade, or otherwise analysis and documentation that the Multispecies FMP objectives and is Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35007 consistent with other applicable law, FMP goals and objectives, the Regional (ii) Whether there has been adequate the Regional Director may adopt any Director may publish as a proposed rule notice and opportunity for participation option developed by the MSMC, unless one of the options reviewed and not by the public and members of the rejected by the NEFMC, as specified in rejected by the NEFMC, provided that affected industry in the development of paragraph (a)(5) of this section, the option meets the FMP objective and the NEFMC’s recommended provided that the option meets the NE is consistent with other applicable law. management measures. Multispecies FMP objective and is If, after considering public comment, (iii) Whether there is an immediate consistent with other applicable law. the Regional Director decides to approve need to protect the resource. (4) Based on this review, the NEFMC the option published as a proposed rule, (iv) Whether there will be a shall submit a recommendation to the the action will be published as a final continuing evaluation of management Regional Director of any changes, rule in the Federal Register. measures adopted following their adjustments or additions to DAS (b) Within season management action. implementation as a final rule. allocations, closed areas or other The NEFMC may, at any time, initiate (3) Regional Director action. If the measures necessary to achieve the NE action to add or adjust management NEFMC’s recommendation includes Multispecies FMP’s goals and measures if it finds that action is adjustments or additions to management objectives. Included in the NEFMC’s necessary to meet or be consistent with measures and, after reviewing the recommendation will be supporting the goals and objectives of the NE NEFMC’s recommendation and documents, as appropriate, concerning Multispecies FMP. supporting information: the environmental and economic (1) Adjustment process. After a (i) If the Regional Director concurs impacts of the proposed action and the management action has been initiated, with the NEFMC’s recommended other options considered by the the NEFMC shall develop and analyze management measures and determines NEFMC. appropriate management actions over that the recommended management (5) If the NEFMC submits, on or the span of at least two NEFMC measures should be issued as a final before January 7, a recommendation to meetings. The NEFMC shall provide the rule based on the factors specified in the Regional Director after one NEFMC public with advance notice of the paragraph (b)(2) of this section, the meeting, and the Regional Director availability of both the proposals and measures will be issued as a final rule concurs with the recommendation, the the analysis, and opportunity to in the Federal Register. Regional Director shall publish the comment on them prior to and at the (ii) If the Regional Director concurs NEFMC’s recommendation in the second NEFMC meeting. The NEFMC’s with the NEFMC’s recommendation and Federal Register as a proposed rule. The recommendation on adjustments or determines that the recommended Federal Register notification of the additions to management measures management measures should be proposed action will provide a 30-day must come from one or more of the published first as a proposed rule, the public comment period. The NEFMC following categories: DAS changes, measures will be published as a may instead submit its recommendation effort monitoring, data reporting, proposed rule in the Federal Register. on or before February 1, if it chooses to possession limits, gear restrictions, After additional public comment, if the follow the framework process outlined closed areas, permitting restrictions, Regional Director concurs with the in paragraph (b) of this section and crew limits, minimum fish sizes, NEFMC recommendation, the measures requests that the Regional Director onboard observers, minimum hook size will be issued as a final rule in the publish the recommendation as a final and hook style, the use of crucifiers in Federal Register. rule. If the Regional Director concurs the hook-gear fishery, fleet sector shares, (iii) If the Regional Director does not that the NEFMC’s recommendation recreational fishing measures, area concur, the NEFMC will be notified in meets the NE Multispecies FMP closures and other appropriate measures writing of the reasons for the non- objective and is consistent with other to mitigate marine mammal concurrence. applicable law, and determines that the entanglements and interactions, and any (c) Emergency action. Nothing in this recommended management measures other management measures currently section is meant to derogate from the should be published as a final rule, the included in the FMP. authority of the Secretary to take action will be published as a final rule (2) NEFMC recommendation. After emergency action under section 305(e) in the Federal Register. If the Regional developing management actions and of the Magnuson Act. Director concurs that the receiving public testimony, the NEFMC recommendation meets the FMP shall make a recommendation to the Subpart GÐManagement Measures for objective and is consistent with other Regional Director. The NEFMC’s the Summer Flounder Fisheries applicable law and determines that a recommendation must include proposed rule is warranted, and, as a supporting rationale and, if management § 648.100 Catch quotas and other result, the effective date of a final rule measures are recommended, an analysis restrictions. falls after the start of the fishing year on of impacts and a recommendation to the (a) Annual review. The Summer May 1, fishing may continue. However, Regional Director on whether to issue Flounder Monitoring Committee shall DAS used by a vessel on or after May the management measures as a final review the following data on or before 1 will be counted against any DAS rule. If the NEFMC recommends that the August 15 of each year to determine the allocation the vessel ultimately receives management measures should be issued allowable levels of fishing and other for that year. as a final rule, the NEFMC must restrictions necessary to achieve a (6) If the Regional Director concurs in consider at least the following factors fishing mortality rate (F) of 0.41 in 1996, the NEFMC’s recommendation, a final and provide support and analysis for 0.30 in 1997, and 0.23 in 1998 and rule shall be published in the Federal each factor considered: thereafter, provided the allowable levels Register on or about April 1 of each (i) Whether the availability of data on of fishing in 1996 and 1997 may not year, with the exception noted in which the recommended management exceed 18,518,830 lb (8,400 mt), unless paragraph (a)(5) of this section. If the measures are based allows for adequate such fishing levels have an associated F NEFMC fails to submit a time to publish a proposed rule, and of 0.23: Commercial and recreational recommendation to the Regional whether regulations have to be in place catch data; current estimates of fishing Director by February 1 that meets the for an entire harvest/fishing season. mortality; stock status; recent estimates 35008 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations of recruitment; virtual population implement a coastwide commercial amount of quota to be transferred or analysis results; levels of quota and recreational harvest limit and combined. noncompliance by fishermen or additional management measures for the (1) Within 10 working days following individual states; impact of size/mesh commercial fishery, and will publish a the receipt of the letter(s) from the states regulations; sea sampling and winter proposed rule in the Federal Register by involved, the Regional Director shall trawl survey data or, if sea sampling February 15 to implement additional notify the appropriate state officials of data are unavailable, length frequency management measures for the the disposition of the request. In information from the winter trawl recreational fishery, if he/she evaluating requests to transfer a quota or survey and mesh selectivity analyses; determines that such measures are combine quotas, the Regional Director impact of gear other than otter trawls on necessary to assure that the applicable shall consider whether: the mortality of summer flounder; and specified F will not be exceeded. After (i) The transfer or combination would any other relevant information. considering public comment, the preclude the overall annual quota from (b) Recommended measures. Based on Regional Director will publish a final being fully harvested. this review, the Summer Flounder rule in the Federal Register to (ii) The transfer addresses an Monitoring Committee shall recommend implement the measures necessary to unforeseen variation or contingency in to the Demersal Species Committee of assure that the applicable specified F the fishery. the MAFMC and the Commission the will not be exceeded. (iii) The transfer is consistent with the following measures to assure that the F objectives of the Summer Flounder FMP (d) Distribution of annual quota. (1) and Magnuson Act. specified in paragraph (a) of this section The annual commercial quota will be will not be exceeded: (2) The transfer of quota or the distributed to the states, based upon the combination of quotas will be valid only (1) Commercial quota set from a range following percentages: of 0 to the maximum allowed to achieve for the calendar year for which the request was made and will be effective the specified F. ANNUAL COMMERCIAL QUOTA SHARES (2) Commercial minimum fish size. upon the filing by NMFS of a notice of (3) Minimum mesh size. the approval of the transfer or Share (4) Recreational possession limit set State (percent) combination with the Office of the from a range of 0 to 15 summer flounder Federal Register. to achieve the specified F. Maine ...... 0.04756 (3) A state may not submit a request (5) Recreational minimum fish size. New Hampshire ...... 0.00046 to transfer quota or combine quotas if a (6) Recreational season. Massachusetts ...... 6.82046 request to which it is party is pending (7) Restrictions on gear other than Rhode Island ...... 15.68298 before the Regional Director. A state otter trawls. Connecticut ...... 2.25708 may submit a new request when it (8) Adjustments to the exempted area New York ...... 7.64699 receives notice that the Regional boundary and season specified in New Jersey ...... 16.72499 Delaware ...... 0.01779 Director has disapproved the previous § 648.104(b)(1) by 30-minute intervals of request or when notice of the approval latitude and longitude and 2-week Maryland ...... 2.03910 Virginia ...... 21.31676 of the transfer or combination has been intervals, respectively, based on data North Carolina ...... 27.44584 filed at the Office of the Federal specified in paragraphs (a) (8) and (10) Register. of this section to prevent discarding of (4) If there is a quota overage among sublegal sized summer flounder in (2) All summer flounder landed for sale in a state shall be applied against states involved in the combination of excess of 10 percent, by weight. quotas at the end of the fishing year, the (c) Annual fishing measures. The that state’s annual commercial quota, regardless of where the summer overage will be deducted from the Demersal Species Committee shall following year’s quota for each of the review the recommendations of the flounder were harvested. Any overages of the commercial quota landed in any states involved in the combined quota. Summer Flounder Monitoring The deduction will be proportional, Committee. Based on these state will be deducted from that state’s annual quota for the following year. based on each state’s relative share of recommendations and any public the combined quota for the previous comment, the Demersal Species (e) Quota transfers and combinations. year. A transfer of quota or combination Committee shall recommend to the Any state implementing a state of quotas does not alter any state’s MAFMC measures necessary to assure commercial quota for summer flounder percentage share of the overall quota that the applicable specified F will not may request approval from the Regional specified in paragraph (d) of this be exceeded. The MAFMC shall review Director to transfer part or all of its section. these recommendations and, based on annual quota to one or more states. Two the recommendations and any public or more states implementing a state § 648.101 Closures. comment, recommend to the Regional commercial quota for summer flounder (a) EEZ closure. The Regional Director Director measures necessary to assure may request approval from the Regional shall close the EEZ to fishing for that the applicable specified F will not Director to combine their quotas, or part summer flounder by commercial vessels be exceeded. The MAFMC’s of their quotas, into an overall regional for the remainder of the calendar year recommendations must include quota. Requests for transfer or by publishing notification in the supporting documentation, as combination of commercial quotas for Federal Register if he/she determines appropriate, concerning the summer flounder must be made by that the inaction of one or more states environmental and economic impacts of individual or joint letter(s) signed by the will cause the applicable F specified in the recommendations. The Regional principal state official with marine § 648.100(a) to be exceeded, or if the Director shall review these fishery management responsibility and commercial fisheries in all states have recommendations and any expertise, or his/her previously named been closed. The Regional Director may recommendations of the Commission. designee, for each state involved. The reopen the EEZ if earlier inaction by a After such review, the Regional Director letter(s) must certify that all pertinent state has been remedied by that state, or will publish a proposed rule in the state requirements have been met and if commercial fisheries in one or more Federal Register by October 15 to identify the states involved and the states have been reopened without Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35009 causing the applicable specified F to be the terminus of the codend to the head trip. If the Regional Director makes such exceeded. rope, excluding any turtle excluded a determination, he/she shall publish a (b) State quotas. The Regional device extension. notice in the Federal Register Director will monitor state commercial (2) Mesh sizes are measured by a terminating the exemption for the quotas based on dealer reports and other wedge-shaped gauge having a taper of 2 remainder of the calendar year. available information and shall cm in 8 cm and a thickness of 2.3 mm (c) Net modifications. No vessel determine the date when a state inserted into the meshes under a subject to this part shall use any device, commercial quota will be harvested. pressure or pull of 5 kg. The mesh size gear, or material, including, but not The Regional Director shall publish is the average of the measurement of any limited to nets, net strengtheners, ropes, notification in the Federal Register series of 20 consecutive meshes for nets lines, or chafing gear, on the top of the advising a state that, effective upon a having 75 or more meshes, and 10 regulated portion of a trawl net; except specific date, its commercial quota has consecutive meshes for nets having that, one splitting strap and one bull been harvested and notifying vessel and fewer than 75 meshes. The mesh in the rope (if present) consisting of line or dealer permit holders that no regulated portion of the net is measured rope no more than 3 inches (7.2 cm) in commercial quota is available for at least five meshes away from the diameter may be used if such splitting landing summer flounder in that state. lacings, running parallel to the long axis strap and/or bull rope does not of the net. constrict, in any manner, the top of the § 648.102 Time restrictions. (b) Exemptions. The minimum mesh- regulated portion of the net, and one Vessels that are not eligible for a size requirements specified in paragraph rope no greater than 0.75 inches (1.9 moratorium permit under § 648.4(a)(3) (a)(1) of this section do not apply to: cm) in diameter extending the length of and fishermen subject to the possession (1) Vessels issued a summer flounder the net from the belly to the terminus of limit may fish for summer flounder from moratorium permit and fishing from the codend along the top, bottom, and January 1 through December 31. This November 1 through April 30 in the each side of the net. ‘‘Top of the time period may be adjusted pursuant to ‘‘exemption area,’’ which is east of the regulated portion of the net’’ means the the procedures in § 648.100. line that follows 72°30.0’ W. long. until 50 percent of the entire regulated it intersects the outer boundary of the portion of the net that (in a hypothetical § 648.103 Minimum fish sizes. EEZ. Vessels fishing with a summer situation) will not be in contact with the (a) The minimum size for summer flounder exemption permit shall not ocean bottom during a tow if the flounder is 13 inches (33 cm) TL for all fish west of the line. Vessels issued a regulated portion of the net were laid vessels issued a moratorium permit permit under § 648.4(a)(3)(iii) may flat on the ocean floor. For the purpose under § 648.4(a)(3), except on board transit the area west or south of the line, of this paragraph (c), head ropes shall party and charter boats carrying if the vessel’s fishing gear is stowed in not be considered part of the top of the passengers for hire or carrying more a manner prescribed under § 648.100(e), regulated portion of a trawl net. A vessel than three crew members, if a charter so that it is not ‘‘available for immediate shall not use any means or mesh boat, or more than five crew members, use’’ outside the exempted area. The configuration on the top of the regulated if a party boat; Regional Director may terminate this portion of the net, as defined in (b) The minimum size for summer exemption if he/she determines, after a § 648.104(e), if it obstructs the meshes of flounder is 14 inches (35.6 cm) TL for review of sea sampling data, that vessels the net or otherwise causes the size of all vessels that do not qualify for a fishing under the exemption are the meshes of the net while in use to moratorium permit, or party and charter discarding more than 10 percent, by diminish to a size smaller than the boats holding moratorium permits, but weight, of their entire catch of summer minimum specified in § 648.100(a). fishing with passengers for hire or flounder per trip. If the Regional (d) Mesh obstruction or constriction. carrying more than three crew members, Director makes such a determination, (1) A fishing vessel may not use any if a charter boat, or more than five crew he/she shall publish notification in the mesh configuration, mesh construction, members, if a party boat. Federal Register terminating the or other means on or in the top of the (c) The minimum sizes in this section exemption for the remainder of the net, as defined in paragraph (c) of this apply to whole fish or to any part of a exemption season. section, that obstructs the meshes of the fish found in possession, e.g., fillets. (2) Vessels fishing with a two-seam net in any manner. These minimum sizes may be adjusted otter trawl fly net with the following (2) No person on any vessel may pursuant to the procedures in § 648.100. configuration, provided that no other possess or fish with a net capable of nets or netting with mesh smaller than catching summer flounder in which the § 648.104 Gear restrictions. 5.5 inches (14.0 cm) are on board: bars entering or exiting the knots twist (a) General. (1) Otter trawlers whose (i) The net has large mesh in the around each other. owners are issued a summer flounder wings that measures 8 inches (20.3 cm) (e) Stowage of nets. Otter trawl vessels permit and that land or possess 100 or to 64 inches (162.6 cm). retaining 100 lb (45.3 kg) or more of more lb (45.4 or more kg) of summer (ii) The first body section (belly) of summer flounder from May 1 through flounder from May 1 through October the net has 35 or more meshes that are October 31, or 200 lb (90.6 kg) or more 31, or 200 lb or more (90.8 kg or more) at least 8 inches (20.3 cm). of summer flounder from November 1 of summer flounder from November 1 (iii) The mesh decreases in size through April 30, and subject to the through April 30, per trip, must fish throughout the body of the net to 2 minimum mesh size requirement of with nets that have a minimum mesh inches (5 cm) or smaller towards the paragraph (a)(1) of this section may not size of 5.5-inch (14.0-cm) diamond terminus of the net. have ‘‘available for immediate use’’ any mesh or 6-inch (15.2-cm) square mesh (3) The Regional Director may net or any piece of net that does not applied throughout the codend for at terminate this exemption if he/she meet the minimum mesh size least 75 continuous meshes forward of determines, after a review of sea requirement, or any net, or any piece of the terminus of the net, or, for codends sampling data, that vessels fishing net, with mesh that is rigged in a with less than 75 meshes, the minimum- under the exemption, on average, are manner that is inconsistent with the mesh-size codend must be a minimum discarding more than 1 percent of their minimum mesh size requirement. A net of one-third of the net, measured from entire catch of summer flounder per that is stowed in conformance with one 35010 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations of the methods specified in § 648.23(b) under parts 217, 222, and 227 of this thereof, after consultation with the and that can be shown not to have been title. Such suspensions and temporary MAFMC, the Director of the State of in recent use is considered to be not regulations will be issued by North Carolina Division of Marine ‘‘available for immediate use.’’ publication in the Federal Register and Fisheries, and the marine fisheries will be effective for a specified period agency of any other affected state, by § 648.105 Possession restrictions. of time, not to exceed 1 year. publishing notification in the Federal (a) No person shall possess more than (a) Sea turtle handling and Register. The Regional Director shall eight summer flounder in, or harvested resuscitation. The sea turtle handling take such action if he/she determines a from, the EEZ unless that person is the and resuscitation requirements specified closure is necessary to avoid owner or operator of a fishing vessel in § 227.72(e)(1) (i) and (ii) of this title jeopardizing the continued existence of issued a summer flounder moratorium apply with respect to sea turtles any species listed under the ESA. The permit. Persons aboard a commercial incidentally taken by a vessel fishing for determination of the impact on sea vessel that is not eligible for a summer summer flounder. turtles must be based on turtle flounder moratorium permit are subject (b) Sea turtle monitoring and mortalities and projections of turtle to this possession limit. The owner, assessment program. (1) The Regional mortality by the NMFS monitoring and operator, and crew of a charter or party Director will establish a monitoring and assessment program. A closure will be boat issued a summer flounder assessment program, in cooperation applicable to those areas specified in the moratorium permit are not subject to the with the MAFMC and the State of North notification and for the period specified possession limit when not carrying Carolina, to measure the incidental take in the notification. The Regional passengers for hire and when the crew of sea turtles in the summer flounder Director will provide as much advance size does not exceed five for a party boat fishery, monitor compliance with notice as possible, consistent with the and three for a charter boat. required conservation measures by requirements of the ESA, and will have (b) If whole summer flounder are trawlers, and predict interactions the closure announced on channel 16 of processed into fillets, the number of between the fishery and sea turtles to the marine VHF radio. A closure may fillets will be converted to whole prevent turtle mortalities. prohibit all fishing operations, may summer flounder at the place of landing (2) A scientifically designed, observer- prohibit the use of certain gear, may by dividing the fillet number by two. If based monitoring program in require that gear be stowed, or may summer flounder are filleted into single accordance with § 648.11 may be used impose similar types of restrictions on (butterfly) fillets, each fillet is deemed to gather scientific data measuring the fishing activities. The prohibitions, to be from one whole summer flounder. incidental take of turtles by trawlers in restrictions, and duration of the closure (c) Summer flounder harvested by the summer flounder fishery and to will be specified in the notification. vessels subject to the possession limit report turtle distribution and (e) Reopening of the fishery. (1) The with more than one person on board abundance. Regional Director may reopen the may be pooled in one or more (3) A cooperative sea turtle summer flounder fishery in the EEZ, or containers. Compliance with the daily monitoring and assessment program any part thereof, after consultation with possession limit will be determined by utilizing a variety of information, the MAFMC, the Director of the State of dividing the number of summer including aerial and vessel surveys; North Carolina Division of Marine flounder on board by the number of onboard observers; individually tagged Fisheries, and the marine fisheries persons on board, other than the captain turtles; physical parameters, such as sea agency of any other affected state, by and the crew. If there is a violation of surface temperatures, and reports from publishing notification in the Federal the possession limit on board a vessel the sea turtle stranding network; and Register. The Regional Director may carrying more than one person, the other relevant and reliable information, reopen the summer flounder fishery in violation shall be deemed to have been will assess and predict turtle the EEZ, or any part thereof, if committed by the owner and operator. distribution, abundance, movement additional sea turtle conservation (d) Owners and operators of otter patterns, and timing to provide measures are implemented and if trawl vessels issued a permit under information to NMFS to prevent turtle projections of NMFS’ sea turtle § 648.4(a)(3) that fish with or possess mortality caused by the summer monitoring program indicate that such nets or pieces of net on board that do flounder fishery. measures will ensure that continued not meet the minimum mesh (c) Required use of Turtle Excluder operation of the summer flounder requirements and that are not stowed in Devices (TED). The Regional Director fishery is not likely to jeopardize the accordance with § 648.104(f), may not will require the use of a NMFS- continued existence of any species retain 100 lb (45.3 kg) or more of approved TED by any vessels engaged in listed under the ESA. summer flounder from May 1 through summer flounder fishing operations and (2) The Regional Director may reopen October 31, or 200 lb (90.6 kg) or more utilizing trawl gear on or after October the summer flounder fishery in the EEZ, of summer flounder from November 1 15 as necessary to protect sea turtles. or any part thereof, if the sea turtle through April 30. Summer flounder on The Regional Director will publish monitoring program indicates changed board these vessels must be stored so as notification in the Federal Register with conditions and if projections of the sea to be readily available for inspection in the specific time period. Descriptions of turtle monitoring program indicate that standard 100-lb (45.3-kg) totes or fish NMFS-approved TEDs can be found in NMFS can ensure that continued boxes having a liquid capacity of 18.2 § 227.72(e)(4) of this title. This operation of the summer flounder gal (70 L), or a volume of not more than requirement applies to vessels within fishery is not likely to jeopardize the 4,320 in 3 (2.5 ft 3 or 70.79 cm 3). the EEZ bounded on the north by a line continued existence of any species along 37°05′ N. lat., bounded on the listed under the ESA. § 648.106 Sea turtle conservation. south by a line along 33°35′ N. lat., and (f) Additional sea turtle conservation This section will be suspended during bounded on the east by a line 7 nm from measures. (1) The Regional Director may the effectiveness of any temporary the shoreward boundary of the EEZ. impose additional sea turtle regulations issued to regulate incidental (d) Closure of the fishery. The conservation measures, including tow- take of sea turtles in the summer Regional Director may close the summer time requirements, in the EEZ, after flounder under authority of the ESA flounder fishery in the EEZ, or any part consultation with the MAFMC, the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35011

Director of the State of North Carolina purposes. Research must be approved the word ‘‘scup’’ for the words ‘‘summer Division of Marine Fisheries, and the by the Regional Director, and it must not flounder.’’ marine fisheries agency of any other be likely to jeopardize the continued (d) Stowage of nets. Otter trawl affected state, by publishing notification existence of any species listed under the vessels retaining 4,000 pounds or more in the Federal Register. The Regional ESA. The Regional Director will impose (1,814.4 or more kg) of scup harvested Director shall take such action if he/she such conditions as he/she determines in or from the EEZ, and subject to the determines further measures are necessary to ensure adequate turtle minimum mesh requirement specified necessary to avoid jeopardizing the protection during experimental projects. in paragraph (a) of this section may not continued existence of any species Individual authorizations may be issued have available for immediate use any listed under the ESA or if such action in writing. Authorizations applying to net, or any piece of net, not meeting the would allow reopening of the summer multiple vessels will be published in minimum mesh size requirement, or flounder fishery in the EEZ. The the Federal Register. mesh that is rigged in a manner that is determination of the impact on sea inconsistent with the minimum mesh Subpart HÐManagement Measures for turtles must be based on turtle size. A net that conforms to the the Scup Fishery mortalities and projections of turtle specifications specified in § 648.23(b) mortality by the NMFS monitoring and § 648.124 Gear restrictions. and that can be shown not to have been assessment program. (a) General. Otter trawl vessels that in recent use is considered to be not (2) Consistent with the procedures land or possess 4,000 lb or more ‘‘available for immediate use.’’ specified in § 648.10, the Regional (1,814.4 kg or more) of scup harvested § 648.125 Minimum fish sizes. Director may require that all or a certain in or from the EEZ must fish with nets portion of the vessels engaged in fishing that have a minimum mesh size of 4 (a) The minimum size for scup is 9 for summer flounder carry observers, inches (10.2 cm) applied throughout the inches (22.9 cm) TL for all vessels consistent with the requirements of codend for at least 75 continuous engaged in commercial fishing. § 648.10, to gather data on incidental meshes forward of the terminus of the (b) The minimum size for scup is 7 capture of sea turtles and to monitor net, or, for codends with less than 75 inches (17.8 cm) TL for all vessels that compliance with required conservation meshes, the minimum-mesh-size are engaged in recreational fishing. measures. This requirement may apply codend must be a minimum of one-third (c) The minimum size applies to to certain types of vessels, certain areas, of the net, measured from the terminus whole fish or any part of a fish found or during certain times of the year. of the codend to the center of the head in possession, e.g., fillets. (g) Experimental projects. rope, excluding any turtle excluder Notwithstanding paragraphs (a) through device extension. PARTS 625, 650, 651, 652, 655, AND (f) of this section, the Regional Director (b) Mesh-size measurement. Mesh 657Ð[REMOVED] may authorize summer flounder fishing, sizes will be measured according to the 4. Parts 625, 650, 651, 652, 655, and as a part of experimental projects to procedure described in § 648.104(a)(2). 657 are removed. measure turtle capture rates, to monitor (c) Net modification and mesh turtle abundance, to test alternative gear obstruction and constriction. Same as [FR Doc. 96–16660 Filed 7–1–96; 8:45 am] or equipment, or for other research § 648.104 (c) and (d) except substitute BILLING CODE 3510±22±P federal register July 3,1996 Wednesday 24 CFRParts203and206 Mitigation Procedures;InterimRule Single FamilyMortgageInsurance;Loss Housing-Federal HousingCommissioner; Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part IV 35013 35014 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND sponsor, and a person is not required to Overview of HUD’s Approach URBAN DEVELOPMENT respond to, a collection of information unless the collection displays a valid The techniques to be employed under Office of the Assistant Secretary for control number. HUD’s new foreclosure alternatives/loss Housing-Federal Housing mitigation approach implemented by Commissioner; Single Family II. Background this rule will include special Mortgage InsuranceÐLoss Mitigation Summary of Legislative Changes forbearance plans, loan modifications, Procedures partial claims, preforeclosure sales, This interim rule implements section deeds in lieu of foreclosure, and similar 24 CFR Parts 203 and 206 407 of The Balanced Budget tools. These approaches generally fall [Docket No. FR±4032±I±01] Downpayment Act, I (Pub. L. 104–99, into two broad categories—(a) those approved January 26, 1996) which (if utilized successfully) would RIN 2502±AG72 (Downpayment Act), which amended result in curing the default and retaining AGENCY: Office of the Assistant sections 204 and 230 of the National homeownership, and (b) those which Secretary for Housing—Federal Housing Housing Act. The amendment of section would result in the relinquishment of Commissioner, HUD. 230 eliminated the current HUD homeownership, by means of a sale to ACTION: Interim rule. programs for Temporary Mortgage a third party or by a voluntary Assistance Payments and Assignment of SUMMARY: This interim rule amends 24 conveyance of the property by deed in Mortgages at §§ 203.640 - 203.660 of 24 CFR part 203 to eliminate the Mortgage lieu of foreclosure. CFR. This amendment did not become Assignment Program and to provide that The Department has decided to effective until the passage of The HUD may: recompense mortgagees for implement a comprehensive approach Omnibus Consolidated Rescissions and using mortgage foreclosure alternatives, toward promoting alternatives to Appropriations Act of 1996 (Pub. L. such as special forbearance, loan foreclosure, as well as loss mitigation, 104–134, approved April 26, 1996). modifications, and deeds in lieu of which enhances lender flexibility in However, this Appropriations Act foreclosure; pay the mortgagee a partial dealing with the circumstances in provided that mortgagors who had claim which would be applied to the which homeowners find themselves. applied for relief under the Assignment arrearage of a defaulted mortgage; and This approach describes a series of Program before April 26, 1996 will be accept assignment of a mortgage which servicing actions and strategies that may governed by the requirements of section the mortgagee has modified to cure the be used singly or in combination to 230 before the amendments made by the default. meet those objectives; provides Downpayment Act. DATES: Effective Date: August 2, 1996. insurance benefits to lenders that Comments due date: September 3, 1996. To continue to provide foreclosure evaluate mortgagors with delinquent ADDRESSES: Interested persons are alternatives for mortgagors, the and defaulted loans and choose invited to submit comments regarding Downpayment Act amended sections appropriate steps which—when this interim rule to the Rules Docket 204 and 230 of the National Housing successful—result in outcomes other Clerk, Office of General Counsel, Room Act to promote foreclosure alternatives than foreclosure of the mortgage; and 10278, Department of Housing and and loss mitigation tools to be used by establishes the groundwork for Urban Development, 451 Seventh Street, mortgagees. Section 204 was amended Departmental monitoring of lenders’ S.W., Washington, D.C. 20410. to provide that the Secretary may efforts. Communications should refer to the recompense mortgagees for their actions above docket number and title. A copy to provide mortgage foreclosure End of Assignment Program of each communication submitted will alternatives, such as special forbearance, be available for public inspection and loan modifications, and deeds in lieu of In October, 1995, the General copying between 7:30 a.m. and 5:30 foreclosure. Section 230 was amended Accounting Office (GAO) issued a report p.m. weekdays at the above address. to provide that the Secretary may pay to Congress regarding HUD’s Mortgage FAXED comments will not be accepted. the mortgagee a partial claim which Assignment Program. After analyzing FOR FURTHER INFORMATION CONTACT: would be applied to the arrearage of a over 68,000 mortgages assigned to HUD Joseph McCloskey, Director, Single defaulted mortgage. In addition, Section since 1989, the GAO estimated that the Family Servicing Division, Room 9178, 230 was amended to provide that the loss to FHA per assigned mortgage Department of Housing and Urban Secretary may accept assignment of a would be $49,000, compared to the Development, 451 7th Street, SW., mortgage which the mortgagee has estimated $27,000 FHA would have lost Washington, DC 20410, (202) 708–1672, modified to cure the default and where had the loan not entered the Assignment or, TTY for hearing and speech repooling of the loan is not possible. Program. The GAO noted that to offset impaired, (202) 708–4594. (These are This procedure is to be distinguished these losses, FHA was required to not toll-free numbers.) from forbearance relief for defaulted charge higher mortgage insurance premiums to new mortgagors. As a SUPPLEMENTARY INFORMATION: loans, as well as from the former Mortgage Assignment Program. It result of the GAO report, Congress, as I. Paperwork Reduction Act Statement should be noted that the Downpayment discussed above, has amended section The Department is seeking approval Act permitted, but did not require, the 230 of the National Housing Act to end of the information collection Secretary to establish these partial claim the Mortgage Assignment Program with requirements contained in § 203.605 by and assignment procedures. Further, the respect to the intake of new applicants the Office of Management and Budget in Downpayment Act provided that no into that program. Therefore, references accordance with the Paperwork decision by the Secretary to exercise or to the Assignment Program are amended Reduction Act of 1995 (44 U.S.C. 3501– forego exercising his authority under or removed accordingly in the following 3520). The OMB control number will be section 230 and the new authority under sections: 203.350, 203.355, 203.402a, published in the Federal Register upon section 204 shall be subject to judicial 203.438, 203.500, 203.604, 203.606, approval. An agency may not conduct or review. 203.640–203.660, and 203.664–203.666. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35015

Early Default Counseling interim rule to enable the Department to to initiate foreclosure, even while The Department emphasizes that early consider any comments before making simultaneously considering the various intervention coupled with the use of them effective in a final rule. Thus, the loss mitigation tools. Also, under default counseling are effective reduction from nine to six months for current regulations the foreclosure techniques for curing defaulted taking action upon default of a mortgage initiation time frame is stayed when the mortgages. A successful servicing in § 203.355, and the amendment to the mortgagor has entered into a special strategy by a mortgagee takes into provision in § 203.402(f) for varying the forbearance agreement or has consideration each defaulted mortgage percentage of foreclosure costs or the commenced participation in the pre- costs of acquiring a property that are foreclosure sales procedure. individually. Based on the reimbursed, are made to apply only after The Department specifically requests circumstances involved, the mortgagee March 1, 1997. Each of these changes is public comments on this proposed time executes a plan which will eliminate the discussed below in this preamble. frame. The rule expressly provides for a default and prevent a foreclosure. In an In certain cases foreclosure may be delayed implementation of the six- effort to clarify misunderstandings of avoided where the mortgagor’s sale of month time limit to permit notice and various alternatives available to the property is facilitated by the comment on this change. homeowners whose mortgages are in a assumption of the mortgage by a credit- Varying the Percentage of Costs defaulted status, and to reduce delays in worthy, owner-occupant purchaser. Reimbursed obtaining assistance, HUD Handbook Although not included in this interim 4330.1 REV–5, Administration of rule, procedures to facilitate the use of Section 203.402(f) currently provides Insured Home Mortgages, continues to assumptions as a type of ‘‘preforeclosure for 2⁄3 reimbursement of foreclosure and require lenders to refer those sale’’ are being considered by HUD for acquisition costs on mortgage insurance homeowners to HUD-approved housing future implementation. Finally, this rule claims. This regulation would amend counseling agencies early in the default amends the regulations to provide for that section to allow HUD to vary the period. the increased flexibility in the use of percentage of reimbursement by Actions To Promote Foreclosure these foreclosure alternative tools, as administrative issuance such as a Alternatives/Loss Mitigation described below. Mortgagee Letter. The percentage may be based on individual mortgagee Section 407(a) of the Downpayment Reduction of Time for Taking Action performance in mitigating loss. The Act amended section 204(a) of the Concerning the reduction of the Department specifically requests public National Housing Act to provide that foreclosure initiation time frame from comments on this proposed change in HUD may pay insurance benefits to the nine months to six months, in 1991 the reimbursement for foreclosure costs. mortgagee to recompense the mortgagee Department proposed to reduce the time The rule has expressly provided for a for its actions to provide an alternative frame for lenders to initiate foreclosure delayed implementation of the to the foreclosure of a mortgage that is from twelve months to six months (56 amendment in order to provide for in default. These actions may include Fed. Reg. 19212, April 25, 1991). Public notice and comment on this change. The special forbearance, loan modification, comments received indicated that the same change has also been incorporated and/or deeds in lieu of foreclosure, all six-month deadline could not into the Home Equity Conversion upon terms and conditions as the reasonably be met due to several reasons Mortgage (HECM) rule at mortgagee shall determine in the including compliance with the HUD § 206.129(d)(2)(ii). mortgagee’s sole discretion, within Assignment Program, administrative guidelines provided by HUD. matters, State law requirements 1. Special Forbearance The current regulations already regarding notice, and the desire to Section 203.614 currently provides provide for most of these foreclosure encourage workout or forbearance the conditions under which mortgagees alternative or loss mitigation actions. agreements with mortgagors. may enter into special forbearance Therefore, § 203.501 of the regulations, The Department believes that the agreements with mortgagors. This governing loss mitigation, is amended to biggest obstacle to initiating foreclosure interim rule amends § 203.614 to provide cross references to these various within six months was the requirement provide lenders with more flexibility in foreclosure alternative actions available to process borrower applications for administering special forbearance, with to mortgagees. To clarify that the claim acceptance into the HUD Assignment the exception that partial claims will file requirements at § 203.365(c) include Program. Since the Assignment Program not be permitted when forbearance is claims involving these loss mitigation is no longer an option for those extended for more than 18 months. actions, a new § 203.605 is added to mortgagors who did not apply for Rather than including requirements in specify that mortgagees must document assignment relief on or before April 25, the rule, HUD will provide special that they have considered—beginning 1996, HUD now believes that a forbearance guidelines in Mortgagee no later than when three full monthly shortened time frame is workable. As Letters and handbooks. A statutory installments due on the mortgage are evidenced by this rule, HUD also desires requirement remains, pursuant to unpaid, and continuing with monthly to encourage workout and forbearance section 204(a) of the National Housing reevaluations while the loan remains in agreements with mortgagors. However, Act, that a default must be due to default—all loss mitigation options to HUD believes that early intervention is circumstances beyond the mortgagor’s determine which, if any, are appropriate necessary for effective loss mitigation control for additional note rate interest before initiating foreclosure. In addition, and that a workout must be established to be paid should a mortgage insurance a new § 203.412 is added to the before six months of arrearage has claim be filed after an unsuccessful regulations to provide that the Secretary accumulated, wherever possible. special forbearance agreement. may pay insurance benefits to encourage With regard to State legal notice In addition, § 203.471, which mortgagees to pursue these loss requirements, there should not be a provides for the conditions under which mitigation techniques. problem meeting the six month time mortgagees may enter into special Some of the provisions to promote frame, because under the new forbearance agreements in the case of loss mitigation are given a delayed procedures, HUD will generally permit 203(k) rehabilitation loans, is amended implementation date in the text of this mortgagees to make timely preparations to be consistent with the amendment to 35016 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

§ 203.614. Finally, as noted above, a mortgage. Nor would this approach be mortgages as the origination date. new § 203.412 is added to the available to a mortgagor who could not Ginnie Mae will provide its issuers with regulations to provide, among other make at least a full monthly mortgage specific instructions and requirements things, that HUD may pay the mortgagee payment after the forbearance period. for this process. Therefore, HUD for its actions in entering into special It is expected that repayment terms of encourages mortgagees to make forbearance agreements under § 203.614. the subordinate mortgage will vary increased use of loan modifications or At this time, HUD intends to issue a depending on the income and debts of recastings to avoid foreclosure and will Mortgagee Letter specifying that this the mortgagor. The subordinate shortly provide detailed guidance in a amount will be $100. mortgage may call for repayment Mortgagee Letter. A new § 203.412 is commencing at a future date before added to the regulations to provide, 2. Partial Claims maturity of the insured mortgage, or among other things, that HUD may pay Section 407(b) of the Downpayment may not require repayment until a the mortgagee for its actions in Act amended section 230(a) of the transfer of ownership of the property or modifying or recasting the mortgage and National Housing Act to provide that payoff of the insured mortgage. HUD repooling it. The payment would the Secretary may establish a program guidelines will likely specify that include reimbursement for any for payment of a partial claim to a subordinate mortgages must be interest necessary title examination and/or title mortgagee that agrees to apply the claim free. insurance policy endorsement. amount to payment of a defaulted single Mortgagees can file for a partial claim In addition, § 203.616 of the family mortgage. The amended section under the new § 203.414 if the regulations is being amended to allow 230(a) provides that such payment shall mortgagor is able to resume full monthly recasting of mortgages even where the be in an amount determined by the payments, but not pay off the arrearage. mortgage is not in default, by agreement Secretary, and shall not exceed an The claim amount will be the amount of of the parties, although loss mitigation amount equivalent to 12 monthly the payments in arrears, including costs claims are permitted only with respect mortgage payments plus any costs related to the default as established by to mortgages in default. This related to the default that are approved HUD. The new regulation also permits amendment will allow willing by the Secretary. In addition, the the Secretary to require the mortgagee to mortgagees, especially state or local amended section 230(a) provides that be responsible for servicing the housing authorities or portfolio lenders, the mortgagor shall agree to repay this subordinate mortgage and provides that to recast a mortgage where there may be amount to the Secretary, and that the servicing mortgagees may be an imminent default if the mortgage is Secretary may pay the mortgagee in compensated for activities that they not recast, but where no default has yet connection with any activities that the perform on behalf of the Secretary. occurred. This procedure, in turn, can mortgagee is required to undertake 3. Modifications/Recastings prevent adverse impacts on mortgagors’ concerning repayment by the mortgagor credit ratings. A conforming amendment of the amount owed to the Secretary. Mortgagees currently have the is made to § 203.342. The authority to New §§ 203.371 and 203.414 are authority under § 203.616 of the allow recasting of mortgages where the added to the regulations to provide that regulations to modify defaulted mortgage is not in default is based on the mortgagee may apply for a partial mortgages, in certain cases, for the the Secretary’s inherent broad authority claim after a period of forbearance. The purpose of changing the amortization to operate the insurance programs, and partial claim will be in the amount of provisions by recasting the total unpaid is not based on the authority contained the arrearage accumulated during the amount due over the remaining term of in sections 204 or 230 of the National forbearance period. The lender shall the mortgage, or over a term extending Housing Act, as amended. Those two apply this amount to the mortgage to not more than 10 years beyond the sections generally refer only to bring it current and the mortgagor shall original maturity date. In most cases, mortgages in default. It should be noted be required to execute a subordinate mortgagees cannot utilize this authority that, pursuant to the National Housing mortgage in favor of the Secretary in the because of secondary mortgage market Act, if a mortgage insurance claim is amount of the partial claim. The restrictions. Approximately 95% of eventually filed, the unpaid principal forbearance period may be extended FHA-insured mortgages are pooled in balance paid on the claim will be based until the arrearage equals the equivalent Government National Mortgage on the modified amount only where of 12 monthly mortgage payments. The Association (Ginnie Mae) mortgage there had been a default caused by equivalent of twelve monthly payments backed securities. The pool circumstances beyond the mortgagor’s for mortgages with varying monthly requirements prevent the mortgagee control, as defined by the Secretary. payments, such as adjustable rate from keeping the mortgage in the pool In rare circumstances, the mortgagee mortgages (ARMS), graduated payment if the terms of the mortgage are may not be able to repool the modified mortgages (GPMS) and growing equity modified. Thus, to modify the terms of or recast mortgage. In such situations, mortgages (GEMS), will be calculated by the mortgage, Ginnie Mae issuers must HUD will now be able to approve the multiplying 12 times the monthly buy the mortgage out of the Ginnie Mae assignment to HUD of a mortgage mortgage payment due on the date of pool. modified after default. Section 407(b) of default. The Department expects to Ginnie Mae requirements generally the Downpayment Act amended section issue guidelines to assure that such have prevented the repooling of a 230(b) of the National Housing Act to forbearances do not extend beyond 18 modified mortgage if more than 24 provide that HUD may accept calendar months. Similarly, guidelines months have elapsed since the date of assignment of a mortgage if the mortgage will provide that mortgagees may file a the first scheduled payment under the was in default and the mortgagee has partial claim only after the borrower has mortgage. To facilitate FHA’s loss modified the mortgage to cure the been delinquent for at least 4 months. mitigation efforts, Ginnie Mae has default and to provide for mortgage Mitigation of losses through forbearance agreed to permit the removal of payments within the reasonable ability with a subordinate mortgage would not mortgages that are 90 days or more past of the mortgagor to pay, at interest rates be available to borrowers who had the due from Ginnie Mae pools so that the not exceeding current market interest financial capacity to modify the mortgages can be modified and repooled rates. HUD is also required to arrange mortgage or obtain a new refinanced using the date of modification of the for servicing of the assigned mortgage by Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35017 a mortgagee, which may include the III. Other Matters Justification for Interim Rulemaking assigning mortgagee. Regulatory Planning and Review The Omnibus Consolidated Section 203.350 of the regulations is Rescissions and Appropriations Act of amended to provide for assignment of This interim rule has been reviewed 1996 (the Act) directs the Department to mortgages under the requirements just in accordance with Executive Order issue interim regulations to implement noted, and § 203.404 of the regulations 12866, issued by the President on section 407 of the Downpayment Act is amended to provide for the amounts September 30, 1993 (58 FR 51735, within 30 days of the date of enactment the mortgagee will be reimbursed on October 4, 1993). Any changes to the of the Act. such an assignment claim. rule resulting from this review are List of Subjects 4. Pre-foreclosure Sales available for public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 24 CFR Part 203 Section 203.370 of the regulations, Office of the Rules Docket Clerk. which provides for pre-foreclosure Hawaiian Natives, Home sales, is amended to remove the Environmental Impact improvement, Indians—lands, Loan reference to the now obsolete programs—housing and community A Finding of No Significant Impact development, Mortgage insurance, Assignment Program. Section 203.402 of with respect to the environment has the regulations currently provides in Reporting and recordkeeping been made in accordance with HUD requirements, Solar energy. paragraphs (l) and (s) that HUD will regulations at 24 CFR part 50, which reimburse the mortgagee for the costs of implement section 102(2)(C) of the 24 CFR Part 206 an appraisal and a title search. Section National Environmental Policy Act of Aged, Condominiums, Loan 203.402(t) provides HUD will pay the 1969. The Finding of No Significant programs—housing and community mortgagee an administrative fee, as Impact is available for public inspection development, Mortgage insurance, authorized by the Secretary, for the between 7:30 a.m. and 5:30 p.m. Reporting and recordkeeping mortgagee’s role in facilitating a weekdays in the Office of the Rules requirements. successful pre-foreclosure sale. Docket Clerk. Presently, HUD is reimbursing Accordingly, parts 203 and 206 of title mortgagees for reasonable and Regulatory Flexibility Act 24 of the Code of Federal Regulations customary costs of the appraisal and are amended as follows: The Secretary, in accordance with title search, and $1,000 as the provisions of the Regulatory Flexibility PART 203ÐSINGLE FAMILY administrative fee for each successful Act (5 U.S.C. 605(b)), has reviewed this MORTGAGE INSURANCE pre-foreclosure sale. The selling interim rule before publication and by mortgagor is also paid a consideration 1. The authority citation for part 203 approving it certifies that it will not from gross sales proceeds of up to is revised to read as follows: have a significant economic impact on $1,000, depending on the length of time a substantial number of small entities. Authority: 12 U.S.C. 1709, 1710, 1715b, it takes to close the sale. HUD intends Most of the economic impact of the and 1715u; 42 U.S.C. 3535(d). to continue these reimbursement interim rule will affect the Department, amounts for the present, although they 2. Section 203.342 is revised to read which stands to benefit from the are subject to change in the future. as follows: successful implementation of the loss 5. Deeds in Lieu of Foreclosure mitigation techniques addressed by the § 203.342 Recasting of mortgage. interim rule. If a mortgage is recast pursuant to Section 203.402(p) of the regulations § 203.616 subsequent to a finding by the currently provides that in a conveyance Executive Order 12612, Federalism mortgagee that the default was due to claim the Secretary will reimburse the circumstances beyond the mortgagor’s mortgagee an amount approved by the HUD has determined, in accordance with Executive Order 12612, control, as defined by HUD, the Secretary that was paid to the mortgagor principal amount of the mortgage, as as consideration for the execution of a Federalism, that this interim rule will not have a substantial, direct effect on modified, shall be considered to be the deed in lieu of foreclosure. This amount ‘‘original principal balance of the is currently a maximum of $500. This the States or on the relationship between the Federal government and mortgage’’ as that term is used in interim rule amends § 203.402(p) to § 203.401. provide that the Secretary may also pay the States, or on the distribution of the mortgagee an administrative fee for power or responsibilities among the § 203.350 [Removed] its role in facilitating a successful deed various levels of government, since the 3. In § 203.350, the following are in lieu of foreclosure. HUD intends to interim rule involves primarily removed: issue a Mortgagee Letter specifying that relationships between the Department a. The ‘‘Effective Date Note (1); this amount shall not exceed $250. Also, and private entities. b. The ‘‘Effective Date Note (2)’’; this rule amends § 203.402(s) to clarify Executive Order 12606, The Family c. The second undesignated center that, as part of a conveyance claim, HUD heading ‘‘ASSIGNMENT OF will reimburse the mortgagee for the HUD has determined that this interim MORTGAGE’’; cost of a title search involved in rule would have only an indirect impact d. The ‘‘Effective Date Note (3); determining whether it is feasible to on family formation, maintenance, and e. All text of the second version of accept a deed in lieu of foreclosure. general well-being within the meaning § 203.350, which includes paragraphs HUD intends to issue a Mortgagee Letter of Executive Order 12606, The Family, (a) through (d) and the information specifying that this amount shall not because it would assist mortgagors in collection parenthetical; and exceed $250. This rule also amends the maintaining ownership of their f. The FR source ‘‘[52 FR 6914, Mar. Home Equity Conversion Mortgage properties. To the extent such 5, 1987]. (HECM) rule at § 206.129(d)(2)(i) to mortgagors consist of families, the 3a. In the remaining § 203.350, the conform to the revised language of impact would be beneficial. As such, no section heading and paragraph (a) are § 203.402(s). further review is necessary. revised, to read as follows: 35018 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

§ 203.350 Assignment of mortgage. have been discovered, to be vacant or (3) The mortgagor is able to resume (a) Assignment of modified mortgages abandoned; but no later than the making full monthly mortgage pursuant to section 230, National number of months from the date of payments; Housing Act. HUD may accept an default as provided in paragraph (a) of (4) The mortgagor is not financially assignment of any mortgage covering a this section. The mortgagee must not able to make sufficient additional one-to-four family residence if the delay foreclosure on vacant or payments to repay the arrearage within following requirements are met: abandoned property because of the a time specified by HUD; and requirements of § 203.606. (1) The mortgage was in default; (5) The mortgagor is not financially (2) The mortgagee has modified the (c) Prohibition of foreclosure within able to support monthly mortgage mortgage under § 203.616 to cure the time limits. If the laws of the State in payments on a modified mortgage or on default and to provide for mortgage which the mortgaged property is a refinanced mortgage in which the total payments within the reasonable ability located, or Federal bankruptcy law: arrearage is included. of the mortgagor to pay, at an interest * * * * * rate not exceeding current market (c) Repayment of the subordinate lien. (g) Pre-foreclosure sale procedure. The mortgagor must execute a mortgage interest rates; and Within 60 days of the end of a (3) Such other conditions that HUD in favor of HUD with terms and mortgagor’s participation in the pre- conditions acceptable to HUD for the may prescribe, which may include the foreclosure sale procedure, or within the requirement that the mortgagee continue amount of the partial claim under time limit described in paragraph (a) of § 203.414(a). HUD may require the to be responsible for servicing the this section, whichever is later, if no mortgage. mortgagee to be responsible for closing of an approved pre-foreclosure servicing the subordinate mortgage on * * * * * sale has occurred, the mortgagee must behalf of HUD. 4. In § 203.355: obtain a deed in lieu of foreclosure, with (d) Application for insurance benefits. a. The introductory text of paragraph title being taken in the name of the Along with the prescribed application (a) and paragraph (a)(2) are revised; mortgagee or the Secretary, or for partial claim insurance benefits, the b. Paragraphs (a)(3) through (a)(6) are commence foreclosure. The end-of- mortgagee shall forward to HUD the added; and participation date is defined as: c. Paragraphs (b), the introductory text original credit and security instruments * * * * * of paragraph (c) and the introductory required by paragraph (c) of this section. text of paragraph (g) are revised; and (h) Special forbearance. If the 7. In § 203.402, paragraphs (f), (p) and d. Paragraph (h) is added, to read as mortgagor fails to meet the requirements (s) are revised to read as follows: follows: of a special forbearance under § 203.614 and the failure continues for 60 days, § 203.402 Items included in paymentÐ § 203.355 Acquisition of property. the mortgagee must commence conveyed and non-conveyed properties. (a) In general. Upon default of a foreclosure within the time limit * * * * * mortgage, except as provided in described in paragraph (a) of this (f) Foreclosure costs or costs of paragraphs (b) through (h) of this section or 90 days after the mortgagor’s acquiring the property otherwise section, the mortgagee shall take one of failure to meet the special forbearance (including costs of acquiring the the following actions within nine requirements. property by the mortgagee and of months from the date of default, or § 203.370 [Amended] conveying and evidencing title to the within any additional time approved by property to HUD, but not including any the Secretary or authorized by 5. In § 203.370, paragraph (c)(3) is costs borne by the mortgagee to correct §§ 203.345 or 203.346. For mortgages removed, and paragraphs (c)(4) and title defects) actually paid by the where the date of default is on or after (c)(5) are redesignated as paragraphs mortgagee and approved by HUD, in an March 1, 1997, the mortgagee shall take (c)(3) and (c)(4). amount not in excess of two-thirds of one of the following actions within six 6. A new § 203.371 is added before such costs or $75, whichever is the months of the date of default or within the undesignated center heading greater. For mortgages insured on or such additional time approved by HUD ‘‘CONDITION OF PROPERTY’’, to read after March 1, 1997, the Secretary will or authorized by §§ 203.345 or 203.346: as follows: reimburse a percentage of foreclosure * * * * * § 203.371 Partial claim. costs or costs of acquiring the property, (2) Enter into a special forbearance which percentage shall be determined agreement under § 203.614; (a) General. Notwithstanding the in accordance with such conditions as (3) Complete a refinance of the conveyance, sale or assignment the Secretary shall prescribe. Where the mortgage under § 203.43(c); requirements for payment of a claim foreclosure involves a mortgage sold by (4) Complete a modification of the elsewhere in this part, HUD will pay the Secretary on or after August 1, 1969, mortgage under § 203.616; partial FHA insurance benefits to or a mortgage executed in connection (5) Complete an assumption under mortgagees after a period of forbearance, with the sale of property by the § 203.512; or the maximum length of which HUD will Secretary on or after such date, the (6) Commence foreclosure. prescribe, and in accordance with this mortgagee shall be reimbursed (in (b) Vacant or abandoned property. section. addition to the amount determined With respect to defaulted mortgages on (b) Requirements. The following under the foregoing) for any extra costs vacant or abandoned property, if the conditions must be met for payment of incurred in the foreclosure as a result of mortgagee discovers, or should have a partial claim: a defect in the mortgage instrument, or discovered, that the property is vacant (1) The mortgage has been delinquent a defect in the mortgage transaction or or abandoned, the mortgagee must for at least 4 months or such other time a defect in title which existed at or prior commence foreclosure within the later prescribed by HUD; to the time the mortgage (or its of 120 days after the date the property (2) The amount of the arrearage has assignment by the Secretary) was filed became vacant, or 60 days after the date not exceeded the equivalent of 12 for record, if the mortgagee establishes the property is discovered, or should monthly mortgage payments; to the satisfaction of the Commissioner Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35019 that such extra costs are over and above (c) Recasting or modification of denial of insurance benefits, but a those customarily incurred in the area. defaulted mortgages under § 203.616, pattern of refusal or failure to comply * * * * * where the mortgagee is not reimbursed will be cause for withdrawal of HUD’s (p) An amount approved by HUD and under § 203.405(a); approval of a mortgagee. It is the intent paid to the mortgagor as consideration (d) Refinancing under § 203.43(c). of the Department that no mortgagee for the execution of a deed in lieu of commence foreclosure or acquisition of § 203.413 [Reserved] foreclosure and, if authorized by HUD, a property until the requirements of this an administrative fee approved by HUD § 203.414 Amount of paymentÐpartial subpart have been followed. paid to the mortgagee for its role in claims. 16. Section 203.501 is amended by facilitating a successful deed in lieu of (a) Claim amount. Where a claim for adding at the end of the section the foreclosure, not to be subject to the partial insurance benefits is filed in following two sentences: payment of debenture interest thereon. accordance with § 203.371, the amount § 203.501 Loss mitigation. * * * * * of the insurance benefits shall consist of ** * Such actions include, but are (s) Reasonable costs of the title search the arrearage accumulated during the not limited to, deeds in lieu of ordered by the mortgagee, in accordance forbearance period, not to exceed an foreclosure under § 203.357, pre- with procedures prescribed by HUD, to amount equivalent to 12 monthly foreclosure sales under § 203.370, determine the status of a mortgagor mortgage payments, and any costs partial claims under § 203.414, meeting all other criteria for approval to prescribed by HUD related to the assumptions under § 203.512, special participate in the pre-foreclosure sale default. forbearance under §§ 203.471 and procedure, or to determine if a (b) Servicing fee. The claim may also 203.614, and recasting of mortgages mortgagor meets the criteria for include a payment for activities, such as under § 203.616. HUD may prescribe approval of the mortgagee’s acceptance servicing the subordinate mortgage, conditions and requirements for the of a deed in lieu of foreclosure. which HUD may require. appropriate use of these loss mitigation * * * * * 12. In § 203.438, paragraph (c) is revised to read as follows: actions, concerning such matters as § 203.402a [Amended] owner-occupancy, extent of previous 8. In § 203.402a, paragraph (b)(1) is § 203.438 Mortgages on Indian land defaults, prior use of loss mitigation, removed and paragraphs (b)(2) and insured pursuant to section 248 of the and evaluation of the mortgagor’s National Housing Act. (b)(3) are redesignated as paragraphs income, credit and property. (b)(1) and (b)(2). * * * * * 17. In § 203.552, paragraph (a) 9. In § 203.404, paragraph (a)(3) is (c) Foreclosure by HUD. HUD may introductory text is revised to read as revised, and new paragraphs (a)(5) and initiate foreclosure proceedings with follows: (a)(6) are added, to read as follows: respect to any mortgage acquired under this section in a tribal court, a court of § 203.552 Fees and charges after endorsement. § 203.404 Amount of paymentÐassigned competent jurisdiction or Federal mortgages. district court. If the mortgagor remains (a) The mortgagee may collect * * * * * on the property following foreclosure, reasonable and customary fees and (a) * * * HUD may seek an eviction order from charges from the mortgagor after (3) Reimbursement for such costs and the court hearing the foreclosure action. insurance endorsement only as attorney’s fees as HUD finds were 13. Section 203.471 is revised to read provided in this paragraph (a). The properly incurred in connection with as follows: mortgagee may not collect these fees or the defaulted mortgage and its charges from the mortgagor if the modification and assignment to HUD. § 203.471 Special forbearance. mortgagee has been or will be * * * * * If the mortgagee finds that a default is reimbursed by the Secretary for the (5) An administrative fee to the due to circumstances beyond the services for which the fees or charges mortgagee for modifying the mortgage. mortgagor’s control, as defined by the are assessed. (6) A fee for servicing the mortgage Secretary, the mortgagee may grant * * * * * assigned to HUD, if HUD requires such special forbearance relief to the servicing. mortgagor in accordance with the § 203.604 [Amended] * * * * * conditions prescribed by the Secretary. 18. In § 203.604, paragraphs (e)(2) (iii) 10–11. New §§ 203.412 and 203.414 14. In § 203.473 paragraph (a) is and (iv) are removed, and paragraph are added before the undesignated revised to read as follows: (e)(2)(v) is redesignated as paragraph (e)(2)(iii). center heading ‘‘CERTIFICATE OF § 203.473 Claim procedure. CLAIM’’, and § 203.413 is reserved, to 19. A new § 203.605 is added to read (a) A claim for insurance benefits on read as follows: as follows: a loan secured by a first mortgage shall § 203.412 Payment for foreclosure be made, and insurance benefits shall be § 203.605 Loss mitigation evaluation. alternative actions. paid, as provided in §§ 203.350 through No later than when three full monthly Notwithstanding the conveyance, 203.414. installments due on the mortgage are sale, or assignment requirements for * * * * * unpaid, the mortgagee shall evaluate all payment of a claim elsewhere in this 15. Section 203.500 is revised to read of the loss mitigation techniques part, HUD may pay the mortgagee, in as follows: provided at § 203.501 to determine accordance with procedures prescribed which, if any, are appropriate, and shall by HUD, for the following foreclosure § 203.500 Mortgage servicing generally. reevaluate monthly thereafter. The alternative actions, in such amounts as This subpart identifies servicing mortgagee shall maintain HUD determines: practices of lending institutions that documentation of such evaluations. (a) Assumptions under § 203.512; HUD considers acceptable for mortgages Should a claim for mortgage insurance (b) Special forbearance under insured by HUD. Failure to comply with benefits later be filed, the mortgagee §§ 203.471 and 203.614; this subpart shall not be a basis for shall maintain this documentation in 35020 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations the claim file under the requirements of mortgagee must notify HUD of such accept assignment under § 203.350(d) § 203.365(c). modification in a format prescribed by the mortgagee must submit documents 20. In § 203.606, paragraph (a) is HUD within 30 days of the execution of showing that the requirements of amended by adding at the end the the modification agreement. § 203.604 have been met. following sentence, and the introductory text of paragraph (b) is §§ 203.640 through 203.660 [Removed] PART 206ÐHOME EQUITY revised, to read as follows: 23. All versions of §§ 203.640 through CONVERSION MORTGAGE 203.660 are removed. INSURANCE § 203.606 Pre-foreclosure review. 24. Section 203.664 is revised to read (a) * * * In addition, prior to as follows: 27. The authority citation for part 206 initiating any action required by law to continues to read as follows: foreclose the mortgage, the mortgagee § 203.664 Processing defaulted mortgages on property located on Indian land. Authority: 12 U.S. C. 1715b, 1715z–1720; shall notify the mortgagor in a format 42 U.S.C. 3535(d). prescribed by the Secretary that the Before a mortgagee requests that the mortgagor is in default and the Secretary accept assignment under 28. In § 206.129, paragraphs (d)(2)(i) mortgagee intends to foreclose unless § 203.350(b) of a mortgage insured and (d)(2)(ii) are revised to read as the mortgagor cures the default. pursuant to section 248 of the National follows: (b) If the mortgagee determines that Housing Act (§ 203.43h), the mortgagee any of the following conditions has been must submit documents showing that § 206.129 Payment of claim. met, the mortgagee may initiate the requirements of § 203.604 have been * * * * * foreclosure without the delay in met. (d) * * * foreclosure required by paragraph (a) of 25. Section 203.665 is revised to read (2)(i) Items listed in § 203.402 (a), (b), this section: as follows: (c), (d), (e), (g), (j), and (s), and * * * * * § 204.322(l) of this chapter. 21. Section 203.614 is revised to read § 203.665 Processing defaulted mortgages on property located on Hawaiian home as follows: (ii) Foreclosure costs or costs of lands. acquiring the property actually paid by § 203.614 Special forbearance. Before a mortgagee requests the the mortgagee and approved by HUD, in If the mortgagee finds that a default is Secretary to accept assignment under an amount not in excess of two-thirds of due to circumstances beyond the § 203.350(c) of a mortgage insured such costs or $75, whichever is the mortgagor’s control, as defined by HUD, pursuant to section 247 of the National greater. For mortgages insured after the mortgagee may grant special Housing Act (§ 203.43i), the mortgagee March 1, 1997, HUD may reimburse a forbearance relief to the mortgagor in must submit documents showing that percentage of foreclosure costs or costs accordance with the conditions the requirements of § 203.604 have been of acquiring the property, which prescribed by HUD. met. percentage shall be determined in 22. Section 203.616 is revised to read 26. In § 203.666 paragraph (b) is accordance with such conditions as as follows: revised, and paragraphs (c) and (d) are HUD shall prescribe. removed, to read as follows: § 203.616 Recasting of mortgage. * * * * * The mortgagee may modify a § 203.666 Processing defaulted mortgages Dated: June 5, 1996. mortgage for the purpose of changing on property in Allegany Reservation of Nicolas P. Retsinas, the amortization provisions by recasting Seneca Nation of Indians. Assistant Secretary for Housing-Federal the total unpaid amount due over the * * * * * Housing Commissioner. remaining term of the mortgage or a (b) Claims through assignment. Before [FR Doc. 96–16869 Filed 7–2–96; 8:45 am] term not exceeding 360 months. The a mortgagee requests the Secretary to BILLING CODE 4210±27±P federal register July 3,1996 Wednesday Program TechnicalAssistance;Notice and IndianHousingTenantOpportunities Availability forFY1996thePublic Public andIndianHousing:Funding Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part V 35021 35022 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

DEPARTMENT OF HOUSING AND www.hud.gov/pih. This NOFA cannot The amount of funding provided under URBAN DEVELOPMENT be used as the application. this NOFA was appropriated for the Comments on the proposed program in the Omnibus Consolidated [Docket No. FR±4066±N±01] information collection requirements Rescissions and Appropriations Act of Office of the Assistant Secretary for must refer to the NOFA for FY 1996 for 1996 (Pub. L. 104–134, 110 Stat. 1321; Public and Indian Housing; NOFA for the Public and Indian Housing Tenant approved April 26, 1996). Opportunities Program Technical FY 1996 for the Public and Indian B. Statutory Background Housing Tenant Opportunities Assistance (FR–4066), and must be sent to: Reports Liaison Officer, Office of Program Technical Assistance Section 122 of the Housing and Community Relations and Involvement, Community Development Act of 1987 AGENCY: Office of the Assistant Department of Housing and Urban (Pub. L. 100–42, approved February 5, Secretary for Public and Indian Development, 451 7th Street, SW, Room 1988) amended the United States Housing, HUD. 4112, Washington, DC 20410–3600. Housing Act of 1937 (1937 Act) by ACTION: Notice of funding availability FOR FURTHER INFORMATION CONTACT: adding a new section 20 (42 U.S.C. for FY 1996. Christine Jenkins or Barbara J. 1437r) (section 20). Section 20 states as Armstrong, Office of Community part of its purpose the encouragement of SUMMARY: HUD is announcing the Relations and Involvement, Department ‘‘increased resident management of availability of $15 million for Fiscal of Housing and Urban Development, public housing projects [and the Year 1996 under the Public and Indian 451 Seventh Street, SW., Room 4112, provision of funding] . . . to promote Housing Tenant Opportunities Program Washington, D.C. 20410; telephone: formation and development of resident (TOP). HUD reinvented resident (202) 708–3611. All Indian Housing management entities’’ (Sec. 20(a)). management and created the TOP to applicants may contact Tracy Outlaw, Under Section 20(f)(1): expand the range of the resident- Office of Native American Programs, managed activities, so that resident Department of Housing and Urban .. . [T]he Secretary shall provide financial assistance to resident management organizations can set priorities based on Development, 451 Seventh Street, SW, corporations or resident councils that obtain, the needs in their communities. The Room B–133, Washington, D.C. 20410; by contract or otherwise, technical assistance program provides assistance to Resident telephone: (202) 755–0088. For hearing- for the development of resident management Councils (RCs), Resident Management and speech-impaired persons, these entities, including the formation of such Corporations (RMCs) Resident numbers may be accessed via TTY (text entities, the development of the management Organizations (ROs) and National telephone) by calling the Federal capability of newly formed or existing Resident Organizations (NROs), Information Relay Service at 1–800– entities, the identification of the social Regional Resident Organizations 877–8339. (Other than the ‘‘800’’ TTY support needs of residents of public housing (RROs), and Statewide Resident number, telephone numbers are not toll- projects, and the securing of such support. Organizations (SROs), to fund training free.) Under Section 20(f)(2), this financial and other tenant opportunities, such as SUPPLEMENTARY INFORMATION: assistance may not exceed $100,000 the formation of such entities, with respect to any public housing identification of the relevant social Paperwork Reduction Act Statement project. Section 20 is implemented in 24 support needs, and securing of such The information collection CFR part 950, subpart O (for Indian support for residents of public and requirements contained in this notice housing), and part 964 (for public Indian housing. The NOFA discusses have been approved by the Office of housing). The rules set forth, among eligibility, funding amounts, selection Management and Budget (OMB) in other things, the policies, procedures, criteria, how to apply for funding, and accordance with the Paperwork and requirements of resident the selection process, and includes an Reduction Act of 1995 (44 U.S.C. 3501– participation and management of public appendix setting out the Consultant/ 3520), and have been assigned OMB and Indian housing. Trainer Checklist. control number 2577–0087. An agency The TOP meets the need in many DATES: Application kits may be may not conduct or sponsor, and a communities for business development, requested beginning July 3, 1996. The person is not required to respond to, a education, job training and application deadline will be specified in collection of information unless the development, social services, and the application kit, and will be firm as collection displays a valid control opportunities for other self-help to date and time. Applicants will have number. Because this OMB control initiatives. The program enables at least 30 days from today’s publication number will be expiring later this year, resident entities to establish priorities, of the NOFA to prepare and submit their the Department is soliciting comments, based on the efforts in their public and applications. as required under 5 CFR 1320.8(d), Indian housing communities, that are The separate deadline for comments before submitting the information aimed at furthering economic lift and on the information collection collection requirements contained in independence. Financial assistance in requirements is September 3, 1996. this NOFA to OMB for renewal of the the form of technical assistance grants is ADDRESSES: To obtain a copy of the control number in accordance with 5 provided by the Secretary to resident application kit, please write the CFR 1320.10. Information on the grantees to prepare for management Resident Initiatives Clearinghouse, Post estimated information collection burden activities in their housing development Office Box 6424, Rockville, MD 20850, is provided under the heading, Other (hereinafter referred to as TOP technical or call the toll free number 1–800–955– Matters, at the end of this notice. assistance grants). The TOP technical 2232. Requests for application kits must I. Purpose and Description assistance grants are available for ‘‘the include your name, mailing address development of resident management (including zip code), telephone number A. Authority entities, including the formation of such (including area code), and should refer Section 20, United States Housing Act entities, the development of the to document FR–4066. Applicants may of 1937 (42 U.S.C. 1437r); sec. 7(d), management capability of newly formed access the TOP Application Kit through Department of Housing and Urban or existing entities, the identification of HUD’s World Wide Web site at http:// Development Act (42 U.S.C. 3535(d)). the social support needs of residents of Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35023 public housing projects and the securing purpose of the training programs/ Tasks 1 through 4 of the TOP Work of such support.’’ performance standards is to facilitate Plan. (The TOP Work Plan is included Residents may use TOP technical positive outcomes, products or in the TOP Application Kit). assistance grants for training related to deliverables such as jobs, businesses, The HA; other nonprofits; and any TOP initiative. The results from and services. The applicant must select Federal, State, or local government organizations in training have been and implement the training programs/ resources may serve as the consultant/ significant and multifaceted. For performance standards of choice in trainer; however, the identified source example, resident-managed activities accordance with the needs of the that intends to establish a contract with have resulted in economic development, community. The training programs/ the RC/RMC/RO must register with resident self-sufficiency, improved performance standards are not all- HUD prior to executing a contract. living conditions, and enhanced social inclusive, and grantees may work with (4) HUD encourages all interested services for residents (i.e., child care the HUD Field Offices to establish other consultants/trainers to register to and other youth projects). TOP will training programs/performance participate in the TOP by completing provide public and Indian housing standards to meet their needs, provided the Consultant/Trainer Checklist residents the opportunity to be trained that the results would be measurable. included as an Appendix to this NOFA and move toward responsible roles in (See Section I.Q of this NOFA). and mailing it to the following address: their communities. The training will (2) All TOP grantees must adhere to Department of Housing and Urban aim to enhance the functioning of the the new travel policy established by Development, Office of Public and resident council as well as develop HUD. The policy ensures that all travel Indian Housing, Office of Resident skills to engage in resident-managed funded under TOP is directed toward Involvement, 451 7th Street, SW, Room activities in its community. The the successful completion of the 4112, Washington, D.C. 20410. Department strongly encourages required TOP Work Plan/Performance The TOP grantee may select the HA resident entities to develop a Standards and time frames as explained as the consultant/trainer, however, the partnership with their public housing in Section I.Q of this NOFA. The travel HA must register to be included in the agency or Indian housing authority policy sets a maximum amount of TOP database. Grantees may invite other (hereafter jointly referred to as ‘‘HA’’). $5,000 over the 3- to 5-year period of the familiar consultants/trainers to register The Department is committed to grant. Requests for funds beyond the in the TOP database. building a real partnership among HAs, limit of $5,000 must be approved by the (5) After completion of Tasks 1 residents, and HUD. local HUD Office. All grantees must through 4 of the TOP Work Plan, the In FY 1996, $15 million is available attend a HUD-sponsored TOP RC/RMO/RO may hire a consultant/ to public and Indian housing RCs/ orientation training prior to expending trainer to assist in the implementation RMCs/ROs, of which $500,000 is set- TOP funds, with the exception of funds of Tasks 5 through 7 of the TOP Work aside for NROs/RROs/SROs to provide needed to attend the training. If the Plan. The grantees must follow 24 CFR technical assistance and training grantee’s grant agreement is executed 84, which implements OMB Circular A– activities under the TOP program. and the organization is properly 110 and prescribes standards and Today, approximately 905 resident established in the Line of Credit Control policies essential to ensure open and groups throughout the country are in System/Voice Response System free competition for the proper training under this program. HUD (LOCCS/VRS), the grantee must draw execution of procurement transactions supports the tenant opportunities down the total amount needed to attend when selecting a consultant/trainer. movement, as well as other self- the training. If the grantee’s grant HUD will make available the source list sufficiency and improvement programs agreement is not executed and the of registered consultant/trainers upon designed to benefit public and Indian organization is not properly established request, for use in a competitive housing residents. HUD’s Office of in the LOCCS/VRS, the grantee may solicitation for consultant services to Community Relations and Involvement request the HA to advance the assist the RC/RMC/RO in implementing has the responsibility of delivering a organization the total amount needed to TOP Work Plan Tasks 5 through 7 of the variety of resident initiative programs, attend the HUD orientation training. TOP Work Plan. The amount allowed with assistance from a network of The grantee must reimburse the HA for hiring an individual consultant for Community Relations and Involvement when the organization is properly this purpose shall not exceed 50 percent Specialists (CRIs) in HUD’s field established in the LOCCs/VRS. of the total grant award or $50,000, structure. The CRIs are available to This travel policy is not applicable to whichever is less. HUD Field Offices provide direct assistance to residents NROs/RROs/SROs. HUD will be will monitor this process to ensure and resident groups interested in developing a travel policy that compliance with these requirements. resident initiatives programs. establishes guidelines for NROs/RROs/ (6) Applicants shall not solicit any SROs in the near future. proposals for application preparation or C. Termination and Enforcement of (3) To ensure the successful a training and technical assistance Grant Award implementation of the TOP Work plan contract prior to receiving a TOP grant All grant awards may be terminated if activities, RCs/RMCs/ROs are required award. This year HUD is eliminating the a recipient materially fails to comply to determine the need to contract for ‘‘full-service’’ and ‘‘separation of with the terms and conditions of an outside consulting/training services, application preparation’’ approaches to award in accordance with Revised OMB after considering their own capacity. be used by grantees for obtaining Circular A–110 and 24 CFR part 84 Each RC/RMC/RO is encouraged to consultant services. The full-service (§§ 84.60, 84.61, and 84.62). make maximum use of its HA; approach allowed RCs/RMCs/ROs to nonprofits; or other Federal, State, or solicit competitive proposals for D. New Features of This NOFA local government resources for technical consultants to assist in the preparation (1) All applicants are required to assistance and training needs. All Basic of the application and included submit a TOP Work Plan that includes Grantees may use up to $15,000 to provisions for a training and technical TOP-specific training programs/ obtain a consultant/trainer from the assistance contract without another performance standards for TOP database of registered consultant/ competitive process if the RCs/RMCs/ implementing the TOP grant. The trainers for assistance in implementing ROs were selected to receive a grant. 35024 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The separation of application activities proposed by the applicant. the activities proposed in the TOP preparation from consultant work to be This process facilitates the expeditious application are not duplicative. performed after the award of a grant execution of a TOP Technical (6) All applicants will have an approach allowed an applicant to solicit Assistance Grant (TOP TAG) for those opportunity to correct technical competitive proposals and contract with applicants that are selected to receive deficiencies that are curable in this a Consultant-Trainer/Housing funding (see Section I.H., TOP application submission as provided for Management specialist for the Technical Assistance Grant Agreement). in this NOFA. development of an application for The kit also includes narratives, F. Funding technical assistance. If the applicant certifications, and forms. was selected for funding, the (4) A specific certification form is As noted, $15 million was Consultant/Trainer/Housing included in the application kit that appropriated in FY 1996 for the TOP. Of Management Specialist had to compete requires each RC/RMC/RO to certify that this amount, $25,000 has been allocated again through an open and free it has held a democratic election. The to one RC not funded in the FY 1995 procurement process for a training and certification must be signed by an funding cycle because of a HUD technical assistance contract. authorized representative of the local technical error. The remainder of the (7) All NROs/RROs/SROs must be HA and/or an independent third party funds is being made available on a registered as a nonprofit organization at monitor. (Not applicable to Indian ROs competitive basis under this NOFA to the time of application submission. or NROs/RROs/SROs). applicants that submit timely NROs/RROs/SROs must list in the (5) The information listed below is applications and are selected for application the name of the RCs/RMCs/ regarding all HOPE I (lead or joint) funding. Under section 20(f)(2), this ROs that the organization will train or applicants: financial assistance may not exceed provide technical assistance and must All applications that are submitted by $100,000 with respect to any public provide letters of support from each HOPE I (lead or joint) grantees will be housing project. entity identified in the application. The screened. A cross-check will be made Of the remaining $14,975,000 in NROs/RROs/SROs cannot list RCs/ against the HOPE I Planning grants and funds, $500,000 will be awarded to RMC/ROs that have received a HOPE I Implementation grants, to assure NROs, RROs, and SROs. The purpose of maximum of $100,000. compliance with section 20(f)(4) of the these grants is to provide technical (8) HUD no longer allows the 1937 Act, which states: ‘‘The Secretary assistance to public and Indian housing formation of Partnership Paradigm may not provide financial assistance residents desiring either to establish a Technical Assistance (PPTA) under this subsection to any resident RC/RMC/RO where one does not exist organizations or the Technical management corporation or resident or to organize an inactive RC/RMC/RO. With the remaining $14,475,000, the Assistance Organizations (TAOs). council with respect to which assistance Department will provide two types of Therefore, no PPTA or TAO for the development or formation of grants to RCs/RMCs/ROs: (1) Basic applications will be considered for a such entity is provided under title III.’’ Grants; and (2) Additional Grants. TOP grant. HOPE I Planning and Implementation (9) HUD has included eligible grantees were required to propose plans Basic Grants activities for the elderly or disabled to establish a RC, RMC, or cooperative persons. (See section I.K(5) of this All RCs/RMCs/ROs that have been in association where one did not exist for NOFA). existence for several years, and new (10) All RCs/RMCs/ROs, city-wide/ the proposed homeownership site, emerging groups that meet eligibility jurisdiction-wide organizations and including the development or formation requirements (see Definitions, Section NROs/RROs/SROs previously funded of that entity. In addition, HOPE I Full I.I of the NOFA), may apply for a Basic the maximum of $100,000 under the Planning and Implementation grant Grant for up to $100,000. All grantees TOP cannot reapply for funding under applicants were expected to include in will access the TOP grant funds through this NOFA. This decision was made in their applications all eligible activities the LOCCS/VRS. accordance with section 20(f)(2), which necessary to make their proposed To ensure the progress of the grantees, states ‘‘the financial assistance provided homeownership program feasible (even each grantee will be allowed to draw under this subsection with respect to if some of the proposed activities were down through LOCCS/VRS only the any public housing project may not to be carried out with non-HOPE I specific amount of funding needed to exceed $100,000.’’ This section would funds, such as resident management complete the tasks and subtasks also prohibit an award to NROs/RROs/ funds). Consequently, in reviewing TOP specified in the TOP Work Plan. The SROs if the resident organizations being grant applications, for all applicants grantee must complete all activities served have received the maximum who are HOPE I (lead or joint) grantees under Tasks 1 through 4 in the TOP amount of $100,000. the following rules apply: Work Plan prior to advancing to TOP Rule 1. An applicant for TOP funds Work Plan Tasks 5 through 7 and E. Other Features of This NOFA that has received a HOPE I Full receiving additional funds. (1) RCs/RMCs/ROs that have duly Planning or Implementation grant (as a The local HUD Field Office or Area elected boards may receive up to lead or joint applicant) may not also Office of Native American Programs $100,000. receive a TOP grant, unless the (ONAP) will be responsible for (2) All applicants that are selected for applicant proposed in its HOPE I approving the TOP Work Plan and funding (including NROs/RROs/SROs) application to use TOP funding to carry permitting grantees access to the will access the grant funds through the out those activities. LOCCS/VRS. LOCCS/VRS as explained in Section I.F, Rule 2. An applicant for TOP funds ‘‘Funding,’’ of this NOFA. that has received a HOPE I Mini Additional Grants (3) An application kit is required as Planning grant (as a lead or joint Any RC/RMC/RO selected for a the formal submission to apply for applicant) may not receive a TOP grant Resident Management(RM)/TOP grant funding. The kit includes information for any activity proposed for funding in in FYs 1988–1995 (including a mini on the preparation of a TOP Work Plan/ the HOPE I grant. Mini Planning grant grant for start-up activities) that Performance Standards and Budget for applicants may apply for a TOP grant if received less than a total of $100,000 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35025 may apply for an Additional Grant not proposed activities approved for (2) It may be established by more than to exceed (including previous grants) funding. The grant agreement will one resident council, so long as each the total statutory maximum of contain all administrative documents such council: $100,000. and forms needed to execute the grant. (a) Approves the establishment of the To ensure the progress of the grantees, No funds can be drawn down by a corporation; and each grantee will be allowed to draw grantee until the grant agreement is (b) Has representation on the Board of down from LOCCS/VRS only the executed by the local HUD Field Office Directors of the corporation. specific amount of funding needed to or Area ONAP. (3) It shall have an elected Board of complete the tasks and subtasks I. Definitions Directors, and elections must be held at specified in the TOP Work Plan. Each least once every 3 years; Additional Grant grantee must provide The following definitions apply to (4) Its by-laws shall require the Board a progress report that will indicate public housing, as provided in 24 CFR of Directors to include resident accomplishments and the remaining 964.115 and 964.120: representatives of each resident council tasks to be completed. The local HUD Resident Council (RC). An involved in establishing the corporation; incorporated or unincorporated Field Office or Area ONAP will be include qualifications to run for office, nonprofit organization or association responsible for approving the TOP Work frequency of elections, procedures for that shall consist of persons residing in Plan and permitting grantees access to recall, and term limits if desired; public housing and must meet each of the LOCCS/VRS. (5) Its voting members shall be heads the following requirements in order to Each Additional Grant applicant must of households (any age) and other receive official recognition from the HA/ demonstrate the need for additional residents at least 18 years of age and HUD, and be eligible to receive funds funding by submitting evidence of whose name appears on the lease of a for resident council activities, and completing specific activities. An unit in public housing represented by stipends for officers for their related Additional Grant applicant may receive the resident management corporation; costs for volunteer work in public a higher score if most of the activities (6) Where a resident council already listed in Section I.O(1) of this NOFA are housing: (1) It may represent residents residing exists for the development, or a portion completed and documentation is of the development, the resident included as evidence. in scattered site buildings, in areas of contiguous row houses; or in one or management corporation shall be NROs/SROs/RROs Grants more contiguous buildings; in a approved by the resident council board and a majority of the residents. If there The purpose of this grant is to provide development; or in a combination of is no resident council, a majority of the technical assistance to public and these buildings or developments. residents of the public housing Indian housing residents desiring either (2) It must adopt written procedures development it will represent must to establish a RC/RMC/RO where one such as by-laws, or a constitution which approve the establishment of such a does not exist or to organize an inactive provides for the election of residents to corporation for the purposes of RC/RMC/RO. The awards will be the governing board by the voting managing the project; and competitive, using the Rating Factors in membership of the residents residing in (7) It may serve as both the resident Section I.P of this NOFA, and applicants public housing on a regular basis but at management corporation and the must meet eligibility requirements. The least once every 3 years. The written resident council, so long as the local HUD Field Office or Area ONAP procedures must provide for the recall corporation meets the requirements of will be responsible for approving the of the resident board by the voting this part for a resident council. TOP Work Plan and determining the membership. These provisions shall The following definitions apply to ability of the grantee to access the allow for a petition or other expression Indian Housing, as defined in 24 CFR LOCCS/VRS. of the voting membership’s desire for a Each NRO/RRO/SRO must be recall election, and set the number of part 950: registered as a nonprofit organization at percentage of voting membership Resident Management Corporation the time of application submission. (‘‘threshold’’) who must be in agreement (RMC). An entity that proposes to enter NROs/RROs/SROs must list in the in order to hold a recall election. This into, or enters into, a contract to manage application the name of the RCs/RMCs/ threshold shall not be less than 10 IHA property. The corporation shall ROs that the organization will train or percent of the voting membership. have each of the following provide technical assistance, and (3) It must have a democratically characteristics: provide letters of support from each elected governing board that is elected (1) It shall be a nonprofit organization entity identified in the application. The by the voting membership. At a that is incorporated under the laws of NROs/RROs/SROs cannot list RCs/ minimum, the governing board should the State or Indian tribe in which it is RMC/ROs that have already received the consist of five elected board members. located; maximum of $100,000. The voting membership must consist of (2) It may be established by more than heads of households (any age) and other one resident organization, so long as G. Fair Housing Act Requirement residents at least 18 years of age or older each such organization both approves No grantee may discriminate based on and whose name appears on a lease for the establishment of the corporation and race, national origin, religion, color, the unit in the public housing that the has representation on the Board of familial status, disability, or sex in the resident council represents. Directors of the corporation; provision of any benefits or services. Resident Management Corporation (3) It shall have an elected Board of (RMC). An entity that consists of Directors; H. TOP Technical Assistance Grant residents residing in public housing (4) Its by-laws shall require the Board Agreement must have each of the following of Directors to include representatives of Grant awards will be made through a characteristics in order to receive each resident organization involved in TOP Technical Assistance Grant official recognition by the HA and HUD: establishing the corporation; Agreement which defines the legal (1) It shall be a nonprofit organization (5) Its voting members are required to framework for the relationship between that is validly incorporated under the be residents of the project or projects it HUD and a resident grantee for the laws of the State in which it is located; manages; and 35026 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

(6) It shall be approved by the organization or association for public or operated by the same HA within the resident organization. If there is no Indian housing that meets the following city) may represent more than one RC/ organization, a majority of the requirements: RMC/RO within an HA and apply households of the project or projects (1) It is Statewide; jointly for a TOP grant. However, the shall approve the establishment of such (2) It has experience in providing city-wide organization cannot represent an organization. start-up and capacity-building training any RC/RMC/RO that has received Resident Organization (RO). A to residents and resident organizations; Resident Management (RM)/TOP Resident Organization (or ‘‘Resident and technical assistance funding totalling Council’’ as defined in Section 20 of the (3) Public or Indian housing residents $100,000 in previous years. The Act) is an incorporated or representing different geographical individual developments under the unincorporated nonprofit organization locations in the State must comprise the umbrella of the city-wide organization or association that meets each of the majority of the board of directors. may apply for a separate grant only if following criteria: J. Eligibility the activities that are included in the (1) It shall consist of residents only, individual development’s application and only residents may vote; Only organizations that meet the are not the same activities that are (2) If it represents residents in more definition of a RC/RMC/RO or a NRO/ included in the city-wide organization’s than one development or in all of the RRO/SRO, as set forth under the Section application, and as long as no public developments of an IHA, it shall fairly I.I, ‘‘Definitions,’’ of this NOFA will be housing development receives more represent residents from each eligible for funding under this NOFA. than $100,000. All applications will be development that it represents; The local HUD Field Office or Area screened for duplicative activities. (3) It shall adopt written procedures ONAP will screen applications to (8) A jurisdiction-wide organization providing for the election of specific determine compliance with the (consisting of members from RCs/RMCs/ officers on a regular basis; and following: ROs who reside in housing (4) It shall have a democratically (1) Only public and Indian housing developments that are owned and elected governing board. The voting RCs/RMCs/ROs and NROs/SROs/RROs operated by the same HA within that membership of the board shall consist are eligible to apply for this grant. The HA’s jurisdiction, other than a city-wide solely of the residents of the local HAs, Section 8 developments, or organization making an application in development or developments that the other federally subsidized housing accordance with paragraph (7) in this RO represents. communities are not eligible to apply. Section I.I) may be formed for the The following definitions apply to (2) An RC/RMC/RO must have a purpose of advising the HA Board of NROs/RROs/SROs applicants: democratically elected governing board Commissioners or Executive Directors (Note: A NRO/RRO/SRO must be to be eligible for funding. The applicant in all areas of HA operations. In that incorporated as a nonprofit organization at will be required to complete a case, the jurisdiction-wide organization the time of application submission to be certification of resident council board may apply for a grant to carry out eligible for funding under this NOFA.) election, which must be notarized and jurisdiction-wide programs. National Resident Organization signed by the local HA or an Jurisdiction-wide organization (NRO). An incorporated nonprofit independent third-party monitor. (Not applicants may receive up to the organization or association for public applicable to Indian ROs and NROs/ maximum total of $100,000, provided and Indian housing that meets each of RROs/SROs.) no public housing development the following requirements: (3) A RC/RMC/RO will receive included in its application receives (1) It is national (i.e., conducts consideration for a Basic Grant based on more than a total of $100,000 of TOP activities or provides services in at least the rating factors contained in Section funding. two HUD Areas or two States); I.N of this NOFA. (9) An NRO/SRO/RRO that is (2) It has experience in providing (4) A RC/RMC/RO selected for organized to provide technical start-up and capacity-building training funding in FYs 1988–1995 that received assistance to RCs/RMCs/ROs may to residents and resident organizations; less than the statutory maximum of receive grants up to the maximum total and $100,000 may apply for an Additional of $100,000, provided no public housing (3) Public or Indian housing residents Grant not to exceed (including previous development included in its application representing different geographical grants) the total statutory maximum of receives more than a total of $100,000 locations in the country must comprise $100,000. Grantees that were awarded of TOP funding. An NRO/SRO/RRO the majority of the board of directors. the maximum total amount of $100,000 previously funded for $100,000 cannot Regional Resident Organization in FYs 1988–1995 are not eligible to reapply for funding under this NOFA, (RRO). An incorporated nonprofit apply. because of the statutory limitation of organization or association for public or (5) A RC/RMC/RO will receive $100,000. Indian housing that meets each of the consideration for an Additional Grant following requirements: based on the rating factors contained in K. Eligible Activities (1) It is regional (i.e., not limited by Section I.O of this NOFA. Activities for which funding under HUD Areas, including Tribal Areas); (6) Only one application will be this NOFA may be provided to an and considered for funding from an eligible RC/RMC/RO or NRO/RRO/SRO (2) It has experience in providing individual development. If more than include any combination of, but are not start-up and capacity-building training one application is received from a limited to, the following: to residents and resident organizations; development, only the application from (1) Resident Capacity Building: and the duly elected RC/RMC/RO will be • Training board members in (3) Public or Indian housing residents considered. All other applications will community organizing, board representing different geographical be rejected. development, and leadership training; locations in the region must comprise (7) A city-wide organization and the majority of the board of directors. (consisting of members from RCs/RMCs/ • Determining the feasibility of the Statewide Resident Organization ROs who reside in housing TOP initiatives for a specific (SRO). An incorporated nonprofit developments that are owned and development. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35027

(2) Resident Management: (5) Social Support Services (such as • Hiring trainers or other experts. By • Building and strengthening its self-sufficiency; youth initiatives; and law, resident grantees must ensure that capacity as an organization (e.g., elderly/handicapped activities): all training is provided by a qualified establishing operating/planning • Conducting feasibility studies to public housing management specialist committees and block/building captains determine training and social services (Consultant/Trainer) or the local HA. To to carry out specific organizational needs; ensure the successful implementation of tasks, developing by-laws, etc.); • Coordinating support services; the TOP Work Plan activities, the RCs/ • developing a cohesive relationship Training for programs such as child RMCs/ROs are required to determine the between the residents and the local care, early childhood development, need to contract for outside consulting/ community; and building a partnership parent involvement, volunteer services, training services, after considering their with the HA; parenting skills, and before- and after- own capacity. The RCs/RMCs/ROs are • school programs; encouraged to make maximum use of Training residents, as potential • employees of an RMC, in skills directly Training programs on health, their HA, nonprofits, or other Federal, nutrition, and safety; related to the operation, management, State, or local government resources for • Conducting workshops for youth maintenance and financial systems of a technical assistance and training needs. services, child abuse and neglect project; All Basic Grantees may use up to • prevention, and tutorial services, in $15,000 to obtain a consultant/trainer Training of residents with respect to partnership with community-based fair housing and equal opportunity from the TOP database of registered organizations, such as local Boys and consultant/trainers for assistance in requirements, including the residents’ Girls Clubs, YMCA/YWCA, Boys/Girls rights under the housing program, implementing Tasks 1 through 4 of the Scouts, Campfire, Big Brothers/Big TOP Work Plan. (The TOP Work Plan is procedures for reporting violations, all Sisters, 4–H Clubs, etc.; and civil rights-related program • included in the TOP Application Kit.) Training in the development of The HA, other nonprofits, Federal, requirements, requirements for strategies to implement youth programs reasonable accommodation, and State or local government resources may successfully. For example, assessing the serve as the consultant/trainer; however, alleviating architectural barriers. needs and problems of the youth; • the identified source that intends to Gaining assistance in negotiating improving youth initiatives that are management contracts and in related establish a contract with the RC/RMC/ currently active; and training youth, RO must register with HUD prior to contract monitoring and management housing authority staff, and RCs/RMCs/ procedures, and designing a long-range executing a contract. ROs on youth initiatives and program After completion of Tasks 1 through planning system related to contracts; activities. 4 of the TOP Work Plan, the RC/RMO/ and • Developing a plan to establish a • RO may hire a consultant/trainer to Assisting in the actual creation of a congregate meal program for seniors, assist in the implementation of Tasks 5 RC/RMC/RO, such as consulting and including seniors living in a family through 7 of the TOP Work Plan. The acquiring legal assistance to incorporate, project; • grantees must follow 24 CFR 84, which prepare by-laws, draft a corporate Developing a plan to establish a implements OMB Circular A–110 and charter, and apply for nonprofit status. transportation system that would prescribes standards and policies (3) Resident Management Business provide transportation of residents to essential to ensure open and free Development: senior and youth activities and activities • competition for the proper execution of Economic development training for persons with disabilities; and procurement transactions when • Training programs in developing a related to resident management and selecting a consultant/trainer. HUD will resident newspaper that would be technical assistance for job training and make available the source list of placement in RC/RMC/RO written by and for residents. (6) General: registered consultant/trainers upon developments; request, for use in a competitive • • Training required on HUD Technical assistance and training in solicitation for consultant services to business development related to regulations and policies governing the operation of low-income public and assist the RC/RMC/RO in implementing resident management, through TOP Work Plan Tasks 5 through 7 of the feasibility and market studies; Indian housing, financial management, capacity building to develop the TOP Work Plan. The amount allowed development of business plans; for hiring an individual consultant for affirmative outreach activities; and necessary skills to assume management responsibilities at the project, and this purpose shall not exceed 50 percent innovative financing methods, of the total grant award or $50,000, including revolving loan funds; and property management; • Training in accessing other funding whichever is less. HUD Field Offices • Legal advice in establishing sources; will monitor this process to ensure resident management-required business • Developing training programs/ compliance with these requirements. entities. performance standards and assessment • Rental or lease of a car, van, or bus (4) Partnerships: by resident grantees to attend training • procedures to measure the success of Training that is required to the RC/RMC/RO; related to the TOP initiatives; and establish a partnership between the HA • Gaining assistance in acquiring • Stipends, as provided in this and the residents. RCs/RMCs/ROs under fidelity bonding and insurance, but not paragraph. Officers and members of a the same HA’s jurisdiction may wish to the cost of the bonding and insurance; RC/RMC/RO will only receive stipends come together jointly, pool grant funds, • Assessing potential management for participating in or receiving training and hire a consultant who will provide functions or tasks that the RC/RMC/RO under the TOP, subject to the technical assistance and training related might undertake; availability of funds, if the following to building a partnership with the HA • Training in resident management- applies: and assist in implementing activities in related skills, such as computer and (i) The RCs/RMCs/ROs have the TOP program. clerical (payroll clerk/records completed at least two training • Other partnerships developed by management) skills; programs/performance standards, one of the local residents/HA in the • Resident management-related which must be the training program/ community. employment training and counseling; performance standard listed as number 35028 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices one in the Work Plan/Training furniture). In addition, a reasonable (2) Purchase or rental of land or Programs/Performance Standards portion of funds may be applied to the buildings or any improvements to land section (see Work Plan/Training acquisition of equipment, such as or buildings; Programs/Performance Standards, computer hardware and copying (3) Activities not directly related to Section I.Q of this NOFA). The stipends machines. A grantee must justify the the TOP initiatives, e.g., lead-based should be used for additional costs need for this equipment in relationship paint testing and abatement and incurred during the training programs, to implementing the TOP initiatives. operating capital for economic such as childcare and transportation • Travel directly related to the development activities; costs; or successful completion of the required (4) Purchase of any vehicle (car, van, (ii) RCs/RMCs/ROs are being trained TOP Work Plan. All grantees must bus, etc.) or any other property, other to implement resident management adhere to the travel policy established than as described under paragraph (9) of activities only, and the officers and by HUD and must have received TOP Section I.K, ‘‘Eligible Activities,’’ of this members of the resident entity are orientation training prior to spending NOFA, unless approved by HUD within 3 to 6 months of establishing a any TOP funds, with the exception of Headquarters or the local HUD Field dual/full management contract with the funds needed to attend a HUD- Office; PHA/IHA. Generally, no more than 10 sponsored TOP orientation training. The (5) Architectural and engineering fees; percent of the grant funds should be policy sets travel costs at a maximum (6) Payment of salaries for routine used for this purpose. amount of $5,000 per RC/RMC/RO (not project operations, such as security and (7) Capacity building and training to applicable to NROs/RROs/SROs). maintenance, or for RC/RMC/RO staff, facilitate resident participation in the • Child care expenses for individual except that a reasonable amount of grant Comprehensive Grant Program. staff and board members, in cases where funds may be used to hire a person to (8) Implementation of activities by a staff or board members who need child coordinate the TOP grant activities or RC/RMC/RO associated with the care are involved in training-related coordinate on-site social services; operation and maintenance of the public activities associated with the (7) Payment of fees for lobbying and Indian housing project. Examples of development of resident management services; eligible activities in this category that entities. Not more than 2 percent of the (8) Any fraudulent or wasteful have not been mentioned previously total grant amount (0.02 times the grant expenditures or expenditures otherwise are: award amount) may be used for incurred contrary to HUD program • Designing and implementing expenses to support child care needs. regulations or directives will be financial management systems that (10) For NROs/RROs/SROs only: considered ineligible expenditures, include provisions for budgeting, Organizing and establishing upon appropriate determination by an accounting, and auditing; democratically elected and effective audit by HUD Field Office staff, and • Designing and implementing the RCs/RMCs/ROs: HUD will reduce the grantee’s grant for TOP travel policy and personnel • Identify inactive RCs/RMCs/ROs the amount expended; and policies; performance standards for that have RM/TOP grants and provide (9) Any activity otherwise eligible measuring staff productivity; policies local training and technical assistance to under this NOFA for which funds are and procedures covering organizational enable the organizations to implement being provided from any other source. structure, such as recordkeeping, the RM/TOP Work Plan; M. Selection Process maintenance, insurance, occupancy, • Assist residents in organizing a RC/ and management information systems; RMC/RO and provide appropriate Each application for a grant award any other recognized functional training and technical assistance (i.e., that is submitted in a timely manner, as responsibilities relating to property incorporation, nonprofit status, by-laws, specified in the application kit, to the management, in general, and public and elections; buildings, floor, and block appropriate local HUD field office or Indian housing management, in captains; leadership training; form a Area Office of Native American particular; and responsibilities relating partnership with the HA; develop and Programs (ONAP) (see Appendix to this to any TOP initiative; implement a needs assessment survey). NOFA) and that otherwise meets the • Identifying the social support needs This list is not inclusive. requirements of this NOFA, will be of residents, and the securing of that • Provide training and technical evaluated. An application for either a support by hiring a services coordinator. assistance to the resident organizations Basic Grant or an Additional Grant must The services coordinator should identify in accomplishing any of the eligible receive a minimum score of 50 points a plan to provide short-term technical activities related to the TOP initiatives. (out of the maximum of 110 points) to assistance, assess, coordinate, and assist • Provision of training must be be eligible for funding. NROs/RROs/ in implementing the services needed by performed within the jurisdiction of the SROs must receive a minimum score of the residents, such as health clinics, day resident organization. This will require 50 points (out of a maximum of 110) to care, and security; and the trainer to be a local person or entity. be considered for funding. The local • Assessing potential homeownership All NROs/RROs/SROs must be Field Office or Area ONAP will transfer opportunities for residents within knowledgeable and adhere to all all RC/RMC/RO applications to a grant public and Indian housing or anywhere policies that relate to the RC/RMC/RO. review site for processing by a Grants in the community. Management Team. Upon completion of (9) Administrative costs necessary for L. Ineligible Activities the review, all applications will be the implementation of activities Ineligible items or activities include, placed in an overall nationwide ranking outlined in paragraphs (1) through (8) of but are not limited to, the following: order and funded until all funds are this Section I.K, ‘‘Eligible Activities,’’ of (1) Entertainment, including exhausted. the NOFA. Appropriate administrative associated costs such as food and costs include, but are not limited to, the beverages, except normal per diem for N. Rating Factors—Basic Grants following items or activities: meals related to travel performed in An application for funding for a Basic • Telephone, telegraph, printing, and connection with implementing the TOP Grant will be reviewed based on the sundry nondwelling equipment (such as Work Plan. (See TOP Travel Notice for following Rating Factors (maximum of office supplies, computer software, and more specific guidance.) 110 points, including 10 bonus points). Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35029

(1) DESCRIBE THE ACTIVITIES AND Points will be given if the applicant can ORGANIZATIONS, OR OTHER GOALS OF THE RC/RMC/RO AND THE provide a narrative describing any PUBLIC/PRIVATE SECTOR GROUPS COMMUNITY (Maximum Points: 25): additional partnerships the RC/RMC/RO (Maximum Points: 15) • A high score (Maximum Points: 25) has developed with the housing • A high score (Maximum Points: 15) is received where the RC/RMC/RO authority in order to implement other is received where the RC/RMC/RO identifies activities and describes the programs or initiatives such as Section provides copies of letters of support goals of the community. The applicant 3 initiatives, HUD’s Drug Elimination discussing specific assistance from three includes a detailed and structured plan Program, Youth Sports Program, or more entities (e.g., State/Tribal/local for addressing the needs and Comprehensive Grant (CGP), or other government, community organizations, accomplishing the overall goals of the related initiatives. The narrative or other public/private sector groups). RC/RMC/RO. describing the additional partnerships • A medium score (Maximum Points: • A medium score (Maximum Points: must be signed by both the HA’s 7) is received where the RC/RMC/RO 12) is received where the RC/RMC/RO Executive Director and a member of the provides letters of support from two identifies activities and describes the RC’s/RMC’s/RO’s Board. The narrative entities. goals of the community, but the plan to cannot include activities that are listed • A low score (Maximum Points: 3) is address the needs and accomplish the in the letter of support provided by the received where the RC/RMC/RO fails to goals is general. local HA. provide any letters of support, but • A low score (Maximum Points: 5) is • A high score (Maximum Points: 25) support of the State/Tribal/local received where the RC/RMC/RO does is received where the RC/RMC/RO government, community organizations, not identify any activities and the plan provides a letter of support from the or other public/private sector groups is to address the needs and accomplish the local HA that shows evidence that the mentioned in the narrative. goals of the community is unclear. HA and RC/RMC/RO have been working • A score of zero (0 points) is • A score of zero (0 points) will be in partnership for at least 2 years, and received where the RC/RMC/RO fails to given if the applicant fails to respond to the HA has provided opportunities and submit a letter of support or this factor. services such as training, contracts for documentation of its efforts to obtain (2) EVIDENCE OF SUPPORT BY services, transportation, and other in- support from the State/Tribal/local DEVELOPMENT’S RESIDENTS AND kind services. (The letter must be signed government, community organizations, RESIDENT INVOLVEMENT IN THE by the local HA Executive Director.) or other public/private sector groups. RC’s/RMC’s/RO’s ACTIVITIES There must be evidence that the HA has (5) CAPABILITY OF RC/RMC/RO IN (Maximum Points: 25): committed to support the RC/RMC/RO HANDLING FINANCIAL RESOURCES • A high score (Maximum Points: 25) activities under the TOP program and (Maximum Points: 10). This factor can is received where the RC/RMC/RO has assisted in the preparation of the be demonstrated by including previous describes support by the residents and RC/RMC/RO’s application for funding. experience of the RC/RMC/RO or by provides documentation that shows The partnership must also be evidenced providing an explanation of how the support and the involvement of the by submitting a copy of an executed financial resources will be obtained: residents in the RC’s/RMC’s/RO’s Memorandum of Understanding (MOU). • A high score (Maximum Points: 10) activities. An applicant must submit a • A medium score (Maximum Points: is received where the RC/RMC/RO copy of a petition or other 12) is received where either: (i) The RC/ provides evidence of having 2 or more documentation (e.g., membership list) RMC/RO provides a letter of support years of experience in handling showing 75–100 percent of support and from the HA that states its support of financial resources and has adequate involvement of the residents, minutes of the RC’s/RMC’s/RO’s activities, but accounting procedures in place or lacks the RC’s/RMC’s/RO’s recent monthly there is no evidence of a commitment to experience but has provided an meeting, and the attendance log. assist the RC/RMC/RO in implementing acceptable plan (i.e., hiring the HA or • A medium score (Maximum Points: the TOP Work Plan or of a partnership other private organizations) to develop 12) is received where the RC/RMC/RO established between the HA and the the financial controls. describes support by the residents and residents; or (ii) the RC/RMC/RO • A medium score (Maximum Points: the documentation of support includes provides detailed documents (e.g., 5) is received where the RC/RMC/RO a petition or other documentation (e.g., copies of correspondence exchanged provides evidence of having 1 year of membership list) showing 50 percent of with the HA, summaries of meetings experience in handling financial support and involvement of the held with the HA, and summaries of resources, but no accounting procedures residents. efforts made to establish a partnership are established and no acceptable plan • A low score (5 points) is received with the HA) indicating that the has been provided to hire the HA or where the RC/RMC/RO describes residents have made a substantial effort other private organizations to develop support by the residents and the to establish a partnership with the HA, the financial controls. documentation of support includes but the HA will not support the RC’s/ • A low score (Maximum Points: 2) is documentation (e.g., petition, RMC’s/RO’s activities. received where the RC/RMC/RO membership list) showing less than 50 • A low score (Maximum Points: 5) is provides evidence of having less than 1 percent of support and involvement of received if the applicant mentions HA year of experience in handling financial the residents. support or obstacles encountered in resources. • A score of zero (0 points) is attempting to build a partnership with • A score of zero (0 points) is received where the RC/RMC/RO fails to the HA. received where the RC/RMC/RO has no provide documentation of support by • A score of zero (0 points) is experience in handling financial the development’s residents and received where the RC/RMC/RO fails to resources and there is clearly no support is not mentioned in the submit a letter of support or accounting system or procedures narrative. documentation of its efforts to obtain established. (3) EVIDENCE THAT THE RC/RMC/ HA support. RO HAS A PARTNERSHIP WITH THE (4) EVIDENCE THAT THE RC/RMC/ O. Rating Factors—Additional Grants HA: (Maximum Points: 25 + 10 bonus RO HAS SUPPORT OF STATE/TRIBAL/ An application for funding for an points). Under this factor, 10 Bonus LOCAL GOVERNMENT, COMMUNITY Additional Grant will be reviewed based 35030 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices on the following Rating Factors activities listed under ‘‘high score’’ of other related initiatives. The narrative (maximum 110 points, including 10 this factor. describing the additional partnerships bonus points). • A low score (Maximum Points: 10) must be signed by both the HA’s (1) EVIDENCE OF is received where the RC/RMC/RO Executive Director and a member of the ACCOMPLISHMENTS AND NEED FOR submits evidence of completing two of RC’s/RMC’s/RO’s Board. The narrative ADDITIONAL FUNDING (Maximum the activities listed under ‘‘high score’’ cannot include activities that are listed Points: 30): of this factor, but does not submit a in the letter of support provided by the • A high score (Maximum Points: 30) summary that includes local HA. is received where the RC/RMC/RO accomplishments and a description of • A high score (Maximum Points: 25) provides a summary that includes need for additional funding. is received where the RC/RMC/RO • accomplishments and a description of A score of zero (0 points) is given provides a letter of support from the need for additional funding. Applicant if the applicant does not submit a local HA that shows evidence that the must also provide evidence that shows summary that includes HA and RC/RMC/RO have been working the completion of all of the activities accomplishments and a description of in partnership for at least 2 years, and listed below, therefore demonstrating need for additional funding or evidence the HA has provided opportunities and progress and a need for additional of accomplishing any of the activities services such as training, contracts for funding: listed under ‘‘high score’’ of this factor. services, transportation, and other in- (a) Developed an active community (2) EVIDENCE OF SUPPORT BY kind services. (The letter must be signed organization that includes DEVELOPMENT’S RESIDENTS AND by the local HA Executive Director.) democratically elected officers RESIDENT INVOLVEMENT IN THE There must be evidence that the HA has (example: election certification signed RC’s/RMC’s/RO’s ACTIVITIES committed to support the RC/RMC/RO by the local HA and/or an independent (Maximum Points: 25): activities under the TOP program and • A high score (Maximum Points: 25) third-party organization and minutes of has assisted in the preparation of the is received where the RC/RMC/RO meetings); RC/RMC/RO’s application for funding. describes support by the residents and (b) Developed by-laws pursuant to 24 The partnership must also be evidenced provides documentation that shows CFR part 950, subpart O, or 24 CFR part by submitting a copy of an executed support and the involvement of the 964, whichever is applicable, that Memorandum of Understanding (MOU). govern the operation of the organization residents in the RC’s/RMC’s/RO’s • A medium score (Maximum Points: (example: a copy of the RC’s/RMC’s/ activities. An applicant must submit a 12) is received where either: (i) the RC/ RO’s by-laws); copy of a petition or other (c) Developed floor/block captains or documentation (e.g., membership list) RMC/RO provides a letter of support residential community groups and showing 75–100 percent of support and from the HA that states its support of program committees that are in training involvement of the residents, minutes of the RC’s/RMC’s/RO’s activities, but or had training to carry out specific the RC’s/RMC’s/RO’s recent monthly there is no evidence of a commitment to tasks (example: a copy of a list that meeting, and the attendance log. assist the RC/RMC/RO in implementing includes the floor/block captains or • A medium score (Maximum Points: the TOP Work Plan or of a partnership residential community groups and 12) is received where the RC/RMC/RO established between the HA and the program committees, and training plan describes support by the residents and residents; or (ii) the RC/RMC/RO or certificate of completion of training); the documentation of support includes provides detailed documents (e.g., (d) Developed a basic financial a petition or other documentation (e.g., copies of correspondence exchanged management and accounting system that membership list) showing 50 percent of with the HA, summaries of meetings will provide effective control over and support and involvement of the held with the HA, and summaries of accountability for all grant funds; residents. efforts made to establish a partnership (example: a certification that the • A low score (5 points) is received with the HA) indicating that the accounting system is developed); where the RC/RMC/RO describes residents have made a substantial effort (e) Developed a Memorandum of support by the residents and the to establish a partnership with the HA, Understanding (MOU) between the RC/ documentation of support includes but the HA will not support the RC’s/ RMC/RO and HA that states the documentation (e.g., petition, RMC’s/RO’s activities. • elements of their relationship and membership list) showing less than 50 A low score (Maximum Points: 5) is delineates what support the HA will percent of support and involvement of received if the applicant mentions HA provide to the resident organization the residents. support or obstacles encountered in (e.g., on-the-job training, technical • A score of zero (0 points) is attempting to build a partnership with assistance, equipment, space, received where the RC/RMC/RO fails to the HA. transportation, etc.) and the activities to provide documentation of support by • A score of zero (0 points) is be conducted by the RC/RMC/RO the development’s residents and received where the RC/RMC/RO fails to (example: a copy of an executed MOU support is not mentioned in the submit a letter of support or between the RC/RMC/RO and HA); and narrative. documentation of its efforts to obtain (f) Evidence of completing a course of (3) EVIDENCE THAT THE RC/RMC/ HA support. TOP-related training (example: a copy of RO HAS A PARTNERSHIP WITH THE (4) EVIDENCE THAT THE RC/RMC/ the certificate or letter from the HA: (Maximum Points: 25 + 10 bonus RO HAS THE SUPPORT OF THE consultant/trainer that indicates the points). Under this factor, 10 Bonus STATE/TRIBAL/LOCAL successful completion of training by the Points will be given if the applicant can GOVERNMENT, COMMUNITY RC/RMC/RO). provide a narrative describing any ORGANIZATIONS, OR OTHER • A medium score (Maximum Points: additional partnerships the RC/RMC/RO PUBLIC/PRIVATE SECTOR GROUPS 20) is received where the RC/RMC/RO has developed with the housing (Maximum Points: 20) provides a summary that includes authority in order to implement other • A high score (Maximum Points: 20) accomplishments and a description of programs or initiatives such as Section is received where the RC/RMC/RO need for additional funding and submits 3 initiatives, HUD’s Drug Elimination provides copies of letters from three or evidence of completing four of the Program, Youth Sports Program, CGP, or more entities (e.g., State/Tribal/local Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35031 government, community organizations, receive training/technical assistance in capability to identify and provide local or other public/private sector groups). the application. training and to coordinate activities of • A medium score (Maximum Points: • A high score (Maximum Points: 20) the local training provider. 10) is received where the RC/RMC/RO is received where the NRO/RRO/SRO • A medium score (Maximum Points: provides letters of support from two provides a detailed plan that clearly 5) is received where the applicant entities. describes methods for facilitating the provides a general description of its • A low score (Maximum Points: 5) is creation of a strong partnership among capability to identify and provide local received where the RC/RMC/RO the HAs, residents, and other local training. provides a letter of support from one organizations. The plan includes the • A score of zero (0 points) is entity. advantages of the partnership to the received where the applicant does not P. Rating Factors—NROs/RROs/SROs residents and the community. clearly state its capability to identify An application for funding will be • A medium score (Maximum Points: and provide local training. reviewed based on the following Rating 10) is received where the NRO/RRO/ (5) CAPABILITY OF HANDLING Factors (maximum of 110 points, SRO provides a general outline of FINANCIAL RESOURCES. This factor including 10 bonus points). methods for facilitating the creation of can be demonstrated through previous (1) DESCRIBE THE GOALS AND a strong partnership among the HA, experience, adequate financial control OBJECTIVES OF THE NRO/RRO/SRO residents, and other local organizations. procedures, or similar evidence, or by (Maximum Points: 30): • A score of zero (0 Points) is an explanation of how such capability • A high score (Maximum Points: 30) received where the NRO/RRO/SRO will be obtained. (Maximum Points: 10): is received where the NRO/RRO/SRO provides a plan that is not clear. • A high score (Maximum Points: 10) provides a detailed plan clearly (4) TRAINING EXPERIENCE: is received where the NRO/RRO/SRO describing methods for accomplishing (4a) EVIDENCE OF PRIOR RESIDENT provides evidence of having 2 or more the overall goals and objectives of TRAINING EXPERIENCE. This factor years of experience in handling organizing and training RCs/RMCs/ROs can be demonstrated by the support of financial resources and has adequate in the TOP initiatives. Applicants the RCs/RMCs/ROs. The letters of accounting procedures in place. should also provide a description of the support should indicate the type and • A medium score (Maximum Points: proposed training, identify selected quality of prior training and how the 5) is received where the NRO/RRO/SRO trainers, and submit support letters from training is being used by the RC/RMC/ provides evidence of having less than 2 selected trainers and a list of RCs/ RO. (Maximum Points: 20) years of experience in handling RMCs/ROs that will receive training. • A high score (Maximum Points: 20) financial resources or has provided a • A medium score (Maximum Points: is received where the applicant provides plan for developing financial controls 15) is received where the NRO/RRO/ documentation that shows support by that are adequate. SRO provides a general outline of the residents (i.e., letters of support and • A score of zero (0 points) is proposed methods for accomplishing a list that includes each RC/RMC/RO received where the NRO/RRO/SRO has the goals and objectives of organizing that the NRO/RRO/SRO has provided no experience in handling financial and training RCs/RMCs/ROs in the TOP training or technical assistance. The list matters and does not submit evidence initiatives. must also include the type of contract that shows that an adequate accounting • A score of zero (0 points) is the NRO/RROs/SRO has established system is in place or under received where the NRO/RRO/SRO does with each RC/RMC/RO). development. • not clearly state the goals and objectives A medium score (Maximum Points: Q. Top Work Plan/Training Programs/ of the TOP initiative. 10) is received where the applicant Performance Standards (2) EVIDENCE OF SUPPORT BY provides documentation that is limited NRO/RRO/SRO BOARD OF to a list that includes the RCs/RMCs/ Each applicant is required to submit DIRECTORS. (Maximum Points: 10): ROs to which the NRO/RRO/SRO has a TOP Work Plan that includes TOP- • A high score (Maximum Points: 10) provided training or technical related activities that clearly show is received where the NRO/RRO/SRO assistance. The list must also include accomplishment of the RC’s/RMC’s/ provides documentation that shows the type of contract the NRO/RRO/SRO RO’s goals within 3–5 years. The budget support from its board of directors, as has established with each RC/RMC/RO. should include costs that are needed to evidenced by a board resolution, • Low score (Maximum Points: 5) is implement each activity and training minutes of meetings, and letters of received where the applicant fails to program/performance standard included support. provide documentation of support by in the TOP Work Plan. The projected • A medium score (Maximum Points: the development’s residents, but budget should not exceed the maximum 5) is received where the NRO/RRO/SRO support is mentioned. amount of $100,000. The TOP Work provides documentation of support that (4b) EVIDENCE OF THE CAPABILITY Plan should also include training is limited to minutes of meetings or TO PROVIDE LOCAL TRAINING. The programs, against which HUD will letters of support. applicant should demonstrate the ability measure performance standards based • Low score (Maximum Points: 2) is to sustain the training and technical on task accomplishments and time received where the NRO/RRO/SRO fails assistance through provision of local or frames; for example, how detailed is the to provide documentation of support, on-site trainers and to coordinate these TOP Work Plan; what is the time frame but support is mentioned. activities throughout the grant period. for accomplishing the tasks; what (3) DESCRIPTION OF A PLAN TO The applicant should also demonstrate resources will be used to accomplish FACILITATE THE CREATION OF A that the residents will have access to these tasks, etc. Therefore, it is essential PARTNERSHIP(S) AMONG THE HA, continued training and technical that training programs/performance RESIDENTS, AND OTHER LOCAL assistance through the local provider standards and time frames be designed ORGANIZATIONS. (Maximum Points: after the completion of the grant period. to produce results. Grantees are required 20 + 10 bonus points) Ten Bonus Points (Maximum Points: 10): to complete at least two training will be given if the applicant can • A high score (Maximum Points: 10) programs/performance standards, one of provide a letter of support from the local is received where the applicant provides which must be the training program/ HA of each RC/RMC/RO identified to a detailed plan clearly showing its performance standard listed below as 35032 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices number ‘‘1.’’ These training programs/ 2. Develop strategies to decrease outreach activities and innovative performance standards are not all- crime and violence by creating a sense financing methods involving revolving inclusive, and grantees may work with of community responsibility and loan funds and legal advice in the HUD Field Office and the local HA common concerns. establishing a resident-managed to select other training programs/ This training program must be in business entity. performance standards to meet their place within 6 months of completing 6. Train residents in areas related to specific needs; however, the results TOP Work Plan Tasks 1 through 4; social support needs. must be measurable. Time frames for the however, the results may take much This training program must be in suggested training programs/ longer. By completing the first training place within 24 months of completing performance standards listed below are activity listed in number 1, above, there TOP Work Plan Tasks 1 through 4. This flexible, up to the limit established in may be automatic progress made on this training activity may involve feasibility each activity. Failure to meet the time training activity, because crime and studies to determine training and social frames may result in default of the violence decreases when a sense of support needs; training in management- Technical Assistance Grant (TAG) community begins to develop. related employment training and Agreement. Whenever the RC/RMC/RO Community and caring, combined with counseling; coordination of support hires a trainer or other expert for appropriate law enforcement, are the services; training for programs such as training/technical assistance, the best tools against crime. child care, early childhood training/technical assistance must be 3. Train residents to develop a tutorial development, parent involvement, provided by a qualified housing and scholarship program using a ‘‘Board volunteer services, parenting skills, and management specialist, Consultant/ of Very Important Persons (VIP),’’ such before and after school programs; and Trainer, the HA, or other sources as Accountants, Bankers, Lawyers, training programs on health, nutrition knowledgeable about the program. officials in public/private agencies/ and safety. organizations, to provide opportunities 7. Train residents in the development Training Programs/Performance for educational attainment needed to of strategies to implement successfully a Standards perform resident-managed functions, youth program that will address the including through institutions of higher The training programs/performance needs of the youth, such as reducing learning. standards include, but are not limited crime, drug use, violence, and teenage to: This training program must be in place within 12 to 19 months of pregnancy. 1. Train block/building/floor captains, This training program must be in members of the RC/RMC/RO board, and completing TOP Work Plan Tasks 1 through 4. This training activity may not place within 18 months of completing other interested residents to increase its TOP Work Plan Tasks 1 through 4; capacity as an organization. Examples be appropriate for every resident. The HA and grantee should work closely to however, results may take longer. This may include, but are not limited to, training activity could involve, for establishing operating/planning develop strategies that fit the needs of the residents living in public/Indian example, the needs and problems of committees and block/building/floor youth; improving youth initiatives that captains to carry out specific housing. 4. Train residents in areas related to are currently active; and training youth, organization tasks and developing a resident-owned businesses and provide housing authority staff, resident cohesive relationship between the technical assistance for job training and management corporations, and resident residents and the local community. placement in the RMC development. councils on youth initiatives and The training program must begin This can be accomplished by using program activities. within 3–6 months after the TAG programs, such as the Section 3 jobs 8. Train residents in the management Agreement has been executed. All initiative or, for IHAs, Indian preference of public and Indian housing grantees must perform this training in accordance with 24 CFR Part 950.175 developments. activity in a timely manner, because it and Section 7(b) of the Indian Self This training program must be in serves to focus the resident community Determination and Education place within 24 months of completing and will broaden participation by Assistance Act (25 U.S.C. 450e(b)). TOP Work Plan Tasks 1 through 4. This providing specific training to a large This training program must be in training activity requires residents to body of residents. place within 18 to 24 months of establish a partnership with the HA, The following HUD requirements and completing TOP Work Plan Tasks 1 receive training relating to property training elements can be included in a through 4. This training activity may be management, and establish a dual/full training program: achievable if developed in conjunction management contract with the HA. The • 24 CFR part 964 and part 950 with the Section 3 technical assistance dual management contract allows (Public/Indian Housing). initiative and the Comprehensive Grant residents to work jointly with the HA in • Training in civil rights Program. The training strategy preparation for managing certain requirements, including those for developed to implement the first functions in the development. The full persons with disabilities. training activity listed in number 1, management contract allows residents • Procedures and guidelines above, can facilitate a practical to manage certain functions at the governing TOP. approach to economic development and development. Training may involve • Organization development. job training. skills directly related to the operation, • Conflict resolution and mediation. 5. Train and provide technical management, maintenance, and • Techniques on planning and assistance to residents in resident- financial systems of a project; training of conducting organizational meetings. managed business development. residents with respect to fair housing • HUD regulations and policies This training program must be in requirements; negotiating management governing the operation of low-income place within 12 to 18 months of contracts; designing a long-range housing, which includes CGP, Section completing TOP Work Plan Tasks 1 planning system; and training on HUD 3, etc. through 4. This training activity would regulations and policies governing the • Procurement and contracting; involve feasibility and market studies, operation of low-income public financial management. development of business plans, housing. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35033

9. Train residents to develop a TASK 5—Assist resident groups in applications must be received by the homeownership plan under section 5(h) implementing a strategy for developing local HUD Field Office no later than (of the United States Housing Act of TOP initiatives selected by the RC/ 3:00 p.m. (local time) on the deadline 1937) or an equivalent program. RMC/RO. date listed in the application kit. In the This training program must be in interest of fairness to all competing R. HUD Notification place within 18 months of completing applicants, any application that is TOP Work Plan Tasks 1 through 4. HUD will publish a listing of all received after the deadline date and Training would involve determining successful applicants in the Federal time will be considered ineligible. feasibility for homeownership by Register, for public information. Applicants should take this practice residents, including assessing the II. Checklist of Application Submission into account and make early submission feasibility of other housing (including Requirements of their materials to avoid any risk of HUD-owned or -held single or loss of eligibility brought about by multifamily) affordable for purchase by The application kit, which includes unanticipated delays or other delivery- residents. the NOFA, will contain a list of all related problems. HUD will date-stamp This training activity may result in application submission requirements to incoming applications to evidence residents developing a homeownership complete the application process. (timely or late) receipt, and, upon plan under the 5(h) (section 5(h) of the III. Application Process request, will provide an United States Housing Act of 1937, 42 acknowledgement of receipt. Facsimile U.S.C. 1437c(h)(5)) or an equivalent A. Actions Preceding Application and telegraphic applications are not Submission program and submitting the plan to authorized and will not be considered. HUD for approval. Consistent with this NOFA, HUD may HUD also encourages an applicant to direct a HA to notify its existing RCs/ submit a copy of the application to the General Top Work Plan Outline (for RMCs/ROs of this funding opportunity. HA for the jurisdiction in which the RC/ Basic and Additional Applicants) It is important for residents to be RMC/RO is located. (The TOP Work Plan in its entirety is advised that, even in the absence of a (2) Development. The application provided in the TOP Application Kit.) RC/RMC/RO, the opportunity exists to must contain the following information: TASK 1—Organize public housing establish a RC/RMC/RO before applying (a) RCs/RMCs/ROs: Name and address community and outreach to formulate for funding. If no RC/RMC/RO exists for of the RC/RMC/RO. Name and title of basis to implement TOP initiatives. any of the developments, HUD the board members of the RC/RMC/RO TASK 2—Develop operating encourages every HA to post this NOFA and date of the last election. A copy of procedures for grant administration. in a prominent location within the HA’s the RC’s/RMC’s/RO’s organizational TASK 3—Develop memorandum of main office, as well as in each documents (board resolution, charter, understanding (MOU) between the RC/ development’s office. articles of incorporation (if RMC/RO and the HA based on incorporated)) and by-laws, narratives B. Application Submission and collaborative principles, to empower the for all rating factors (Basic or Additional Development public housing community to Grant), support letters, evidence needed implement TOP initiatives. (1) Submission. An application kit is for certain rating factors, forms, TASK 4—Develop a plan to obtain required as the formal submission to certifications, assurances, TOP Work technical assistance and training to apply for funding. The kit includes the Plan, budget, and training programs/ implement TOP initiatives. overview of the TOP program, performance standards information. TASK 5—Contract with consultant/ application requirements, forms, Name and phone number of a contact trainer to obtain required training, certifications, assurances, worksheets, person (in the event further information guidance, and technical assistance in selection criteria, TOP Work Plan, and or clarification is needed during the TOP initiatives. budget information. An application kit application review process). Name, TASK 6—Design, development, and may be obtained by writing the Resident address, and phone number of the HA implementation of resident and/or Initiatives Clearinghouse, P.O. Box for the applicant’s jurisdiction, to which property management initiatives. 6091, Rockville, MD 20850, or by calling inquiries may be addressed concerning TASK 7—Design, development, and the toll-free number: 1–800–955–2232. the application. implementation of self-sufficiency Requests for application kits must (b) NROs/RROs/SROs: Name and programs. include your name, mailing address address of the applicant. Name, title, TASK 8—Miscellaneous activities/ (including zip code), and telephone and telephone number of a contact expenditures. number (including area code), and person (in the event further information TASK 9—Travel. should refer to document FR–4066. or clarification is needed during the Applications may be requested application review process). Name and General Top Work Plan Outline (for beginning July 3, 1996. Applicants may title of the board members and date of NROs/RROs/SROs) access the TOP Application Kit through last election. A copy of the articles of (The TOP Work Plan in its entirety is HUD’s World Wide Web at http:// incorporation and nonprofit documents provided in the TOP Application Kit.) www.hud.gov/pih. Each RC/RMC/RO (i.e., by-laws, tax-exempt status or other TASK 1—Develop and implement an and NRO/RRO/SRO must submit its organizational documents). Each NRO/ outreach strategy. application to the local HUD Field RRO/SRO is required to list in the TASK 2—Organize resident groups. Office or, in the case of an IHA, to the application the RCs/RMCs/ROs that the TASK 3—Assist in organizing appropriate HUD Office of Native organization will train or provide residents around concerns and issues of American Programs, listed in the technical assistance to, and to provide the TOP and other PIH programs as Appendix to this NOFA. letters of support from each RC/RMC/ appropriate. Each applicant must submit the RO identified in the application. In TASK 4—Develop strategies and original and two copies of its addition, the application should include implement a plan to ensure an effective application. The Appendix lists the name and address of the HA for any partnership among RCs/RMCs/ROs, addresses of HUD Field Offices that will jurisdiction in which the applicant HAs, and the NROs/RROs/SROs. accept a completed application. All proposes to organize new or inactive 35034 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

RCs/RMCs/ROs and a proposed properly established in the LOCCS/VRS, approved TOP workplan/budget. schedule of activities. the grantee may request the HA to Grantees shall submit the report on a (c) For all applicants: advance the organization the total semiannual basis for the periods ending • The name of any development for amount needed to attend the HUD June 30 and December 31. The reports which the funds are proposed to be orientation training. The grantee must must be submitted to HUD within 30 used; reimburse the HA when the days after the end of each semiannual • A summary of the program organization is properly established in reporting period. No grant payments proposed in the application. Also the LOCCS/VRS. will be approved for drawdown through include in the summary the proposed the Line of Credit Control System/Voice length of time, in months, needed to A. Training Requirements Response System (LOCCS) for grantees complete TOP activities (i.e., 24 months, (1) RC/RMC/RO grantees are required with overdue progress reports. 36 months, etc). The maximum length to to have training, and NRO/SRO/RRO complete all activities is 5 years; grantees are requested to provide C. OMB Procurement Requirements • The application must be signed by training, in the areas listed below, but (1) The resident grantees must follow an authorized member of the board of the amount and scope of training will 24 CFR part 84, which implements OMB the RC/RMC/RO or NRO/RRO/SRO (not depend on the resident groups’ goals. Circulars A–110 and A–122, prescribing the HA), and must include a resolution For example, training required to standards and policies essential to the from the RC/RMC/RO or NRO/RRO/SRO assume property management is more proper execution of procurement stating that it agrees to comply with the extensive than training needed to transactions, including standards of terms and conditions established under establish a landscaping enterprise. The conduct for resident grantees’ this program and under 24 CFR parts required training areas are: employees, officers, or agents engaged 964 (for public housing) and 950 (for (a) HUD regulations and policies in procurement actions, to avoid any Indian housing); and governing the operation of low-income conflict of interest. • Assurances (e.g., board resolution housing, which includes the part 900 (2) To ensure the successful or certificate) that the RC/RMC/RO or series of 24 CFR; Section 3 (of the implementation of the TOP Work Plan NRO/RRO/SRO will comply with all Housing and Urban Development Act of activities, the RC/RMC/RO is required to applicable Federal laws, Executive 1968, 12 U.S.C. 1701u), implemented in determine the need to contract for Orders, regulations, and policies 24 CFR part 135; other Fair Housing Act outside consulting/training services, governing this program, including all requirements; and applicable civil rights after considering its own capacity. Each applicable civil rights laws, regulations, laws as implemented for public housing RC/RMC/RO is encouraged to make and program requirements. (24 CFR part 964) and Indian housing maximum use of its HA, nonprofits, or (3) HA Support. HUD is in full (24 CFR part 950); other Federal, State, or local government support of a cooperative relationship (b) Financial management, including resources for technical assistance and between each RC/RMC/RO and its HA. budgetary and accounting principles training needs. To ensure the successful A resident organization is urged to and techniques, in accordance with implementation of the TOP Work Plan involve its HA in the application Federal guidelines, including OMB activities, each Basic Grantee may use planning and submission process. This Circulars A–110 (and implementing up to $15,000 to obtain a consultant/ can be achieved through meetings to regulations at 24 CFR part 84) and trainer from the TOP database of discuss resident concerns and objectives A–122, which contain Federal registered consultant/trainers for and how best to translate these administrative requirements for grants, assistance in implementing Tasks 1 objectives into activities in the and A–133, relating to audit through 4 of the TOP Work Plan. application. The RC/RMC/RO is also requirements for nonprofit (3) HUD encourages all interested encouraged to obtain a letter of support organizations; consultants/trainers to register to from the HA, indicating to what extent (c) Capacity building to develop the participate in the TOP by completing the HA supports the proposed activities necessary skills to assume management the Consultant/Trainer Checklist listed by the RC/RMC/RO and how the responsibilities at the project; and included as an appendix to this NOFA HA will assist the RC/RMC/RO. To (d) Based on the goals of the RC/RMC/ and mailing it to the following address: foster partnership, HUD encourages RO, property management or any TOP Department of Housing and Urban NROs/RROs/SROs to obtain letters of activities training that is required. Development, Office of Public and support from the local HA of each RC/ (2) Each grantee must ensure that this Indian Housing, Office of Resident RMC/RO identified in the application to training is provided by a qualified Involvement, 451 7th Street, SW Room receive training/technical assistance. housing management specialist 4112, Washington, D.C. 20410. (Consultant/Trainer) or the local HA. The TOP grantee may select the HA IV. Training and Procurement The RC/RMC/RO may spend up to to serve as the consultant/trainer; Requirements $15,000 to hire an individual consultant however, the HA must register to be All grantees must adhere to the to assist in implementing the TOP Work included in the TOP database. Grantees training and procurement requirements Plan Tasks 1 through 4. The total may invite other familiar consultants/ established by HUD. All grantees must allowed for hiring an individual trainers to register in the TOP database. attend a HUD-sponsored TOP consultant to assist in implementing the (4) After completion of Tasks 1 orientation training before spending TOP Work Plan Tasks 5 through 7 shall through 4 of the TOP Work Plan, the TOP funds, with the exception of funds not exceed 50 percent of the total award RC/RMO/RO may hire a consultant/ needed to attend the training. If the to the grantee or $50,000, whichever is trainer to assist in the implementation grantee’s grant agreement is executed less. of Tasks 5 through 7 of the TOP Work and the organization is properly Plan. The grantees must follow 24 CFR established in the LOCCS/VRS, the B. Reporting Requirements 84, which implements OMB Circular A– grantee must draw down the total Grantees participating in TOP are 110 and prescribes standards and amount needed to attend the training. If required to submit Semiannual Reports policies essential to ensure open and the grantee’s grant agreement is not Form (HUD) 52370, which will evaluate free competition for the proper executed and the organization is not the progress in carrying out the execution of procurement transactions, Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35035 when selecting a consultant/trainer. Department is required by the FOIA to It will have no meaningful impact on HUD will make available the source list make an independent evaluation of the States or their political subdivisions. of registered consultant/trainers upon information. E. Documentation and Public Access request, for use in a competitive HUD suggests that an applicant provide a basis, when possible, for its Requirements; Applicant/Recipient solicitation for consultant services to Disclosures: HUD Reform Act assist the RC/RMC/RO in implementing belief that confidential treatment is TOP Work Plan Tasks 5 through 7 of the appropriate; general assertions or Documentation and public access TOP Work Plan. The amount allowed blanket requests for confidentiality, requirements. Pursuant to Section 102 for hiring an individual consultant for without more information, are of limited of the Department of Housing and Urban this purpose shall not exceed 50 percent value to the Department in making Development Reform Act of 1989 (42 of the total grant award or $50,000, determinations concerning the release of U.S.C. 3537a) (HUD Reform Act), HUD whichever is less. HUD Field Offices information under FOIA. The will ensure that documentation and will monitor this process to ensure Department is required to segregate other information regarding each compliance with these requirements. disclosable information from non- application submitted pursuant to this disclosable items, so an applicant NOFA are sufficient to indicate the basis V. Corrections to Deficient Applications should be careful to identify each upon which assistance was provided or HUD will notify an applicant in portion of the application for which denied. This material, including any writing of any technical deficiencies in confidential treatment is requested. letters of support, will be made the application. Any deficiency capable The Department emphasizes that the available for public inspection for a 5- of cure will involve only items not presence or absence of comments or year period beginning not less than 30 necessary for HUD to assess the merits earmarking regarding confidential days after the award of the assistance. of an application against the Rating information will have no bearing on the Materials will be made available in Factors specified in this NOFA. For evaluation of applications submitted in accordance with the Freedom of example, signatures needed on certain response to this solicitation. Information Act (5 U.S.C. 552) and HUD’s implementing regulations at 24 forms, certifications, TOP Work Plan, B. Environmental Impact budget, and other required forms may be CFR part 15. In addition, HUD will considered curable deficiencies. All In accordance with 40 CFR 1508.4 of include the recipients of assistance applicants, including NROs/RROs/ the regulations of the Council on pursuant to this NOFA in a Federal SROs, must submit corrections to the Environmental Quality and 24 CFR Register notice of recipients of HUD local HUD Field Office (including Area 50.20(b) of the HUD regulations, the assistance awarded on a competitive ONAPs, as appropriate) within 14 policies and procedures contained in basis. (See section 102 and 24 CFR part calendar days from the date of HUD’s this rule relate only to technical 4, subpart A, as published on April 1, letter notifying the applicant of any assistance and, therefore, are 1996 (61 FR 14448).) technical deficiency. If corrections are categorically excluded from the Disclosures. HUD will make available received by the local Field Office after requirements of the National to the public for 5 years all applicant the 14-day time frame, the applications Environmental Policy Act. disclosure reports (HUD Form 2880) submitted in connection with this will be considered incomplete and will C. Executive Order 12606, The Family not be considered for funding. NOFA. Update reports (also Form 2880) After the application due date, The General Counsel, as the will be made available along with the applicants will not have an opportunity Designated Official under Executive applicant disclosure reports, but in no to submit independently information Order 12606, The Family, has case for a period less than 3 years. All omitted from the application that determined that this notice does not reports—both applicant disclosures and directly relates to the rating factors have potential for significant impact on updates—will be made available in contained in the sections on rating family formation, maintenance, and accordance with the Freedom of factors in this NOFA (sections I.N–I.P.), general well-being, and, thus, is not Information Act (5 U.S.C. 552) and so as to enhance the merits of the subject to review under the Order. No HUD’s implementing regulations at 24 application. HUD encourages all significant change in existing HUD CFR part 15. applicants to submit all documents with policies or programs will result from promulgation of this notice, as those F. Prohibition Against Advance their applications before the due date, Information on Funding Decisions so that applicants will not be affected by policies and programs relate to family concerns. HUD’s regulation implementing the technical deficiency period. section 103 of the Department of D. Executive Order 12612, Federalism VI. Other Matters Housing and Urban Development The General Counsel, as the Reform Act of 1989 (42 U.S.C. 3537a) A. Freedom of Information Act Designated Official under section 6(a) of (Reform Act), codified as 24 CFR part 4, Applications submitted in response to Executive Order 12612, Federalism, has applies to the funding competition this NOFA are subject to disclosure determined that the policies contained announced today. The requirements of under the Freedom of Information Act in this notice will not have substantial the rule continue to apply until the (FOIA). To assist the Department in direct effects on States or their political announcement of the selection of determining whether to release subdivisions, or on the relationship successful applicants. information contained in an application between the Federal government and HUD employees involved in the in the event a FOIA request is received, the States, or on the distribution of review of applications and in the an applicant may, through clear power and responsibilities among the making of funding decisions are earmarking or otherwise, indicate those various levels of government. As a restrained by part 4 from providing portions of its application that it result, the notice is not subject to review advance information to any person believes should not be disclosed. The under the Order. The NOFA will fund (other than an authorized employee of applicant’s views will be used solely to technical assistance and activities for HUD) concerning funding decisions, or aid the Department in preparing its resident management and other TOP from otherwise giving any applicant an response to a FOIA request; the initiatives of public and Indian housing. unfair competitive advantage. Persons 35036 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices who apply for assistance in this for the proper performance of the This Notice also lists the following competition should confine their functions of the agency, including information: inquiries to the subject areas permitted whether the information will have Title of Proposal: NOFA for FY 1996 under 24 CFR part 4. practical utility; for the Public and Indian Housing Applicants or employees who have (2) Evaluate the accuracy of the Tenant Opportunities Program— ethics-related questions should contact agency’s estimate of the burden of the Technical Assistance. the HUD Office of Ethics (202) 708–3815 proposed collection of information; (TTY/Voice) (this is not a toll-free (3) Enhance the quality, utility, and Description of the Need for the number). Any HUD employee who has clarity of the information to be Information and Proposed Use: This specific program questions, such as collected; and information collection is required in whether particular subject matter can be (4) Minimize the burden of the connection with the issuance of this discussed with persons outside the collection of information on those who NOFA, announcing the availability of Department, should contact the are to respond; including through the $15 million to Resident Councils (RCs)/ appropriate Field Office Counsel or use of appropriate automated collection Resident Management Corporations Headquarters counsel for the program to techniques or other forms of information (RMCs)/Resident Organizations (ROs), which the question pertains. technology, e.g., permitting electronic of which $500,000 is set-aside for submission of responses. National Resident Organizations G. Information Collection Burden Interested persons are invited to (NROs)/Regional Resident Organizations The Department is soliciting submit comments regarding the (RROs)/Statewide Resident comments, as required under 5 CFR information collection requirements in Organizations (SROs) to provide 1320.8(d), before submitting the this proposal. Comments must be technical assistance and training information collection requirements received within 60 days from the date activities under the TOP program. contained in this NOFA to OMB for of this proposal. Comments must refer Form Number: None. renewal of the control number in to the proposal by name and docket accordance with 5 CFR 1320.10. The number (FR–4066–N–01) and must be Members of Affected Public: State and Department is seeking comments from sent to: Reports Liaison Officer, Office local governments. members of the public and affected of Community Relations and Estimation of the Total Number of agencies concerning the proposed Involvement, Department of Housing Hours Needed to Prepare the collection of information to: and Urban Development, 451 7th Street, Information Collection including (1) Evaluate whether the proposed SW, Room 4112, Washington, DC Number of Respondents, Frequency of collection of information is necessary 20410–3600. Response, and Hours of Response:

Num- ber of Fre- Hours re- quency per re- Burden spond- of re- sponse hours ents sponses

Application Development ...... 5225 10 41 21,422 Total Estimated Burden Hours: 21,422.

H. Drug-Free Workplace Certification drug-free workplace requirements in Authority: 42 U.S.C. 1437r; 42 U.S.C. accordance with the Act and with 3535(d). The Drug-Free Workplace Act of 1988 HUD’s rules at 24 CFR part 24, subpart Dated: June 27, 1996. (42 U.S.C. 701) requires grantees of F. federal agencies to certify that they will Catalog of Federal Domestic Assistance Michael B. Janis, provide drug-free workplaces. Each General Deputy Assistant Secretary for Public potential recipient under this NOFA The Catalog of Federal Domestic and Indian Housing. must certify that it will comply with Assistance program number is 14.853. BILLING CODE 4210±33±P Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35037 35038 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

BILLING CODE 4210±33±C Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35039

Appendix B—Names, Addresses, and Atlanta, Georgia 30303–3388, (404) 331– Minnesota State Office Telephone Numbers of HUD Field Offices 5136 Public Housing Division, 220 2nd St. South, Accepting Applications for Tenant Alabama State Office Bridge Place Building, Minneapolis, Opportunities Program Technical Assistance Minnesota 55401–2195, (612) 370–3000 Public Housing Division, Beacon Ridge Massachusetts State Office Tower, 600 Beacon Parkway West, Suite Cincinnati Area Office Public Housing Division, Room 375, Thomas 300, Birmingham, Alabama 35209–3144, Public Housing Division, 525 Vine St., 7th P. O’Neill, Jr. Federal Building, 10 (205) 290–7617 Floor, Cincinnati, Ohio 45202–3188, (513) Causeway Street, Boston, Massachusetts 684–2884 02222–1092, (617) 565–5234 Kentucky State Office Public Housing Division, P.O. Box 1044, 601 Cleveland Area Office Connecticut State Office W. Broadway, Louisville, Kentucky 40201– Public Housing Division, Renaissance Public Housing Division, First Floor, 330 1044, (502) 582–6163 Building, 1350 Euclid Ave., 5th Floor, Main St., Hartford, Connecticut 06106– Cleveland, Ohio 44115–1815, (216) 522– 1860, (203) 240–4523 Mississippi State Office 4058 Public Housing Division, Dr. A. H. McCoy New Hampshire State Office Ohio State Office Federal Building, 100 West Capitol St., Public Housing Division, Norris Cotton Suite 910, Jackson, Mississippi 39269– Public Housing Division, 200 North High Federal Building, 275 Chestnut St., 1096, (601) 965–5308 Street, Columbus, Ohio 43215–2499, (614) Manchester, New Hampshire 03101–2487, 469–5737 North Carolina State Office (603) 666–7681 Wisconsin State Office Public Housing Division, Koger Building, Rhode Island State Office Public Housing Division, Henry S. Reuss 2306 W. Meadowview Rd., Greensboro, Federal Plaza, 310 W. Wisconsin Ave., Public Housing Division, Sixth Floor, 10 North Carolina 27407–3707, (910) 547– Suite 1380, Milwaukee, Wisconsin 53203– Weybosset Street, Providence, Rhode 4001 Island 02903–3234, (401) 528–5351 2289, (414) 297–3214 Caribbean Office New York State Office Texas State Office Public Housing Division, New San Juan Public Housing Division, 1600 Public Housing Division, 26 Federal Plaza, Office Building, 159 Carlos E. Chardon New York, New York 10278–0068, (212) Throckmorton, P.O. Box 2905, Fort Worth, Ave., San Juan, Puerto Rico 00918–1804, Texas 76113–2905, (817) 885–5401 264–6500 (809) 766–6121 Houston Area Office Buffalo Area Office South Carolina State Office Public Housing Division, Norfolk Tower, Public Housing Division, 465 Main Street, Public Housing Division, Strom Thurmond 2211 Norfolk, Suite 200, Houston, Texas Lafayette Court, 5th Floor, Buffalo, New Federal Building, 1835 Assembly St., 77098–4096, (713) 834–3274 York 14203–1780, (716) 551–5755 Columbia, South Carolina 29201–2480, San Antonio Area Office New Jersey State Office (803) 765–5592 Public Housing Division, Washington Square Public Housing Division, One Newark Knoxville Area Office Building, 800 Dolorosa St., San Antonio, Center, Thirteenth Floor, Newark, New Public Housing Division, John J. Duncan Texas 78207–4563, (210) 229–6783 Jersey 07102–5260, (201) 622–7900 Federal Building, 710 Locust St. 3rd Floor, Arkansas State Office Washington, D.C. Office Knoxville, Tennessee 37902–2526, (615) 545–4384 Public Housing Division, TCBY Tower, 425 Public Housing Division, 820 First St. N.E., West Capitol Ave., Little Rock, Arkansas Suite 300, Washington, D.C. 20002–4502, Tennessee State Office 72201–3488, (501) 324–5931 (202) 275–9200 Public Housing Division, 251 Cumberland Louisiana State Office Pennsylvania State Office Bend Drive, Suite 200, Nashville, Tennessee 37228–1803, (615) 736–5213 Public Housing Division, Fisk Federal Public Housing Division, 100 Penn Square Building, 1661 Canal St., Suite 3100, New East, Philadelphia, Pennsylvania 19107– Jacksonville Area Office Orleans, Louisiana 70112–2887, (504) 589– 3390, (215) 656–0579 Public Housing Division, Southern Bell 7200 Maryland State Office Tower, 301 West Bay Street, Suite 2200, New Mexico State Office Jacksonville, Florida 32202–5121, (904) Public Housing Division, City Crescent Public Housing Division, 625 Truman Street 232–2626 Building, 10 South Howard St., 5th Floor, N.E., Albuquerque, NM 87110–6443, (505) Baltimore, Maryland 21202–2505, (410) Illinois State Office 262–6463 962–2520 Public Housing Division, Ralph Metcalfe Oklahoma State Office Pittsburgh Area Office Federal Building, 77 West Jackson Public Housing Division, 500 W. Main Street, Public Housing Division, 339 Sixth Avenue, Boulevard, Chicago, Illinois 60604–3507, 3rd Floor, Oklahoma City, OK 73102–3202, Pittsburgh, Pennsylvania 15222–2515, (312) 353–5680 (405) 553–7559 (412) 644–6428 Michigan State Office Nebraska State Office Virginia State Office Public Housing Division, Patrick V. Public Housing Division, 10909 Mill Valley Public Housing Division, The 3600 Centre, McNamara Federal Building, 477 Michigan Rd., Omaha, Nebraska 68154–3955, (402) 3600 West Broad St., P.O. Box 90331, Ave., Detroit, Michigan 48226–2592, (313) 492–3100 Richmond, Virginia 23230–0331, (804) 226–7900 278–4559 St. Louis Area Office Indiana State Office Public Housing Division, Robert A. Young West Virginia State Office Public Housing Division, 151 North Delaware Federal Building, 1222 Spruce St. Room Public Housing Division, 405 Capitol St., St., Indianapolis, Indiana 46204–2526, 3207, St. Louis, Missouri 63103–2836, Suite 708, Charleston, West Virginia (317) 226–6303 (314) 539–6583 25301–1795, (304) 347–7000 Grand Rapids Area Office Kansas/Missouri State Office Georgia State Office Public Housing Division, Trade Center Public Housing Division, Room 200, Gateway Public Housing Division, Richard B. Russell Building, 50 Louis, N.W., Grand Rapids, Tower II, 400 State Avenue, Kansas City, Federal Building, 75 Spring Street, S.W., Michigan 49503–2648, (616) 456–2127 Kansas 66101–2406, (913) 551–5462 35040 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Iowa State Office Oregon State Office Programs, 8P, First Interstate Tower North, Public Housing Division, Federal Building, Public Housing Division, Cascade Building, 633 17th Street, Denver, Colorado 80202– 210 Walnut St., Rm. 239, Des Moines, Iowa 400 Southwest Sixth Ave., Suite 700, 3607, (303) 672–5462 50309–2155, (515) 284–4512 Portland, Oregon 97204–1596, (503) 326– Serves: California, Nevada, Arizona, and 2661 Colorado State Office New Mexico: Public Housing Division, 633 17th Street, Washington State Office Mr. Raphael Mecham, Administrator, First Interstate Tower North, Denver, (Alaska public housing applicants send Southwest Office of Native American Colorado 80202–3607, (303) 672–5440 applications to address below) Programs, Two Arizona Center, 9 OIP, 400 N. Fifth Street, Suite 1650, Phoenix, California State Office Public Housing Division, Suite 360, Seattle Federal Office Building, 909 First Avenue, Arizona 85004, (602) 379–4156 Public Housing Division, Philip Burton Seattle, Washington 98104–1000, (206) Administrator, Southwest Office of Native Federal Building & U.S. Courthouse, 450 220–5292 American Programs, Albuquerque Division Golden Gate Avenue, P.O. Box 36003, San of Native American Programs, 9EPIDI, Francisco, California 94102–3448, (415) Native American Program Offices 556–4752 Albuquerque Plaza, 201 3rd Street, NW, Serves: All States East of the Mississippi Suite 1830, Albuquerque, NM 87102–3368, Hawaii State Office River and Iowa: (505) 766–1372 Mr. Frances Harjo, Administrator, Eastern/ Public Housing Division, 7 Waterfront Plaza, Serves: Washington, Idaho, and Oregon: 500 Ala Moana Blvd., Suite 500, Honolulu, Woodlands Office of Native American Hawaii 96813–4918, (808) 522–8185 Programs, 5P, 77 W. Jackson Boulevard, Mr. Jerry Leslie, Administrator, Northwest 24th Floor, Chicago, Illinois 60604–3507, Office of Native American Programs, 10PI, Los Angeles Area Office (312) 353–1282 or 1–800–735–3239, TDD— Seattle Federal Office Building, 909 First Public Housing Division, 1615 W. Olympic 1–800–927–9275 or (312) 886–3741 Avenue, Suite 300, Seattle, Washington Blvd., Los Angeles, California 90015–3801, Serves: Oklahoma, Kansas, Missouri, 98104, (206) 220–5270 (213) 251–7122 Texas, Arkansas, and Louisiana: Serves: Alaska: Sacramento, California Office Mr. Wayne Simms, Administrator, Southern Mr. Marlin Knight, Administrator, Alaska Plains Office of Native American Programs, Office of Native American Programs, Public Housing Division, 777 12th St., Suite 6.7P, 500 W. Main Street, Suite 400, 200, Sacramento, California 95814–1997, Oklahoma City, OK 73102–3202, (405) 10.1PI, University Plaza Building, 949 East (916) 551–1351 553–7520 36th Avenue, Suite 401, Anchorage, Alaska Arizona State Office Serves: Colorado, Montana, the Dakotas, 99508–4399, (907) 271–4633 Public Housing Division, Two Arizona Nebraska, Utah, and Wyoming: [FR Doc. 96–17007 Filed 7–2–96; 8:45 am] Center, 400 N. 5th St., Suite 1600, Phoenix, Mr. Vernon Haragara, Administrator, BILLING CODE 4210±33±P Arizona 85004–2361, (602) 379–4434 Northern Plains Office of Native American federal register July 3,1996 Wednesday Effluent GuidelinePlan;Notice Protection Agency Environmental Part VI 35041 35042 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

ENVIRONMENTAL PROTECTION provides that a reasonable fee may be f. Iron and Steel Manufacturing AGENCY charged for copying. 2. Ongoing Studies a. Photographic Processing FOR FURTHER INFORMATION CONTACT: Eric [FRL 5527±5] b. Chemical Formulators and Packagers Strassler, EPA Engineering and Analysis 3. Future Studies Division, telephone 202–260–7150. a. Coal Mining RIN 2040±AC86 SUPPLEMENTARY INFORMATION: b. Feedlots c. Stormwater Discharges Effluent Guidelines Plan I. Regulated Entities d. Hospitals II. Legal Authority AGENCY: e. Ore Mining and Dressing Environmental Protection III. Introduction Agency (EPA). f. Glass Manufacturing A. Purpose of Today’s Notice g. Canmaking ACTION: Notice of Proposed Effluent B. Overview of Today’s Notice h. Organic Chemicals, Plastics and Guidelines Plan. IV. Effluent Guidelines Program Background Synthetic Fibers A. Statutory Framework i. Pulp, Paper and Paperboard SUMMARY: Today’s notice announces the B. Components of an Effluent Guideline j. Generic Effluent Guideline Issues Agency’s proposed plans for developing Regulation D. Other Rulemaking Actions new and revised effluent guidelines, C. Development of Effluent Guideline 1. Leather Tanning and Finishing Regulations which regulate industrial discharges to 2. Ore Mining and Dressing D. NRDC Litigation and Consent Decree 3. Marine Discharges from Vessels of the surface waters and to publicly owned V. Today’s Proposed Effluent Guidelines Plan treatment works. Section 304(m) of the Armed Forces A. Effluent Guidelines Currently Under VI. Recommendations of the Effluent Clean Water Act requires EPA to Development Guidelines Task Force 1. Schedule for Ongoing Rulemaking publish a biennial Effluent Guidelines A. Data Sources 2. Changes in Rulemaking Scope, Plan. The Agency requests comment on B. Criteria for Selecting Industries for Schedules and/or Organization the proposal and will publish a final Preliminary Studies plan following the close of the comment a. Metal Products and Machinery b. Pulp, Paper and Paperboard C. Design of Preliminary Studies period. c. Pharmaceutical Manufacturing VII. Request for Comments DATES: Comments must be received on d. Transportation Equipment Cleaning VIII. Economic Impact Assessment; Executive or before August 2, 1996. B. Process for Selection of New Effluent Order 12866 Guideline Regulations Appendix A—Promulgated Effluent ADDRESSES: Submit comments in 1. Selection Criteria and Data Sources Guidelines writing to: Water Docket Clerk (4101), a. Selection Criteria Appendix B—Current and Future U.S. Environmental Protection Agency, b. Data Sources Rulemaking Projects 401 M Street, SW., Washington, DC 2. New Rulemaking Activities Appendix C—Preliminary Studies 20460. The public record for this notice a. Iron and Steel Manufacturing I. Regulated Entities is available for review in the EPA Water b. Other Rules Docket, Room 2616 Mall, 401 M Street, C. Preliminary Studies Today’s proposed plan does not SW., Washington, DC. For access to 1. Recently Completed Studies contain regulatory requirements and a. Petroleum Refining Docket materials, call (202) 260–3027 b. Metal Finishing does not provide specific definitions for between 9 a.m. and 3 p.m. for an c. Textile Mills each industrial category. Entities appointment. The EPA public d. Inorganic Chemicals potentially affected by decisions information regulation (40 CFR Part 2) e. Steam Electric Power Generating regarding the final plan are listed below.

Category of entity Examples of potentially affected entities

Industry ...... Pulp, Paper and Paperboard; Pesticide Formulating, Packaging and Repackaging; Coastal Oil and Gas Extrac- tion; Centralized Waste Treatment; Pharmaceutical Manufacturing; Metal Products and Machinery; Landfills and Incinerators; Industrial Laundries; Transportation Equipment Cleaning; Iron and Steel Manufacturing; Coal Mining; Feedlots; Hospitals; Ore Mining and Dressing; Glass Manufacturing; Canmaking

To determine whether your facility dischargers to be covered by new Plan (59 FR 44234, August 26, 1994). would be regulated, you should regulations. The categories are: Pulp, Paper and carefully examine the applicability III. Introduction Paperboard; Pesticide Chemicals criteria in the appropriate proposed rule (Formulating, Packaging and (previously published or forthcoming). A. Purpose of Today’s Notice Repackaging); Coastal Oil and Gas Citations for previously published Today’s notice announces the Extraction; Centralized Waste proposed rules and schedules for Agency’s proposed biennial plan Treatment; Pharmaceutical forthcoming proposed rules are pursuant to sec. 304(m). EPA invites the Manufacturing; Metal Products and provided in Appendix B of today’s public to comment on the proposed Machinery, Phases 1 and 2; Landfills notice. plan, and following the close of the and Incinerators; Industrial Laundries; comment period the Agency will and Transportation Equipment II. Legal Authority publish a final plan. Cleaning. Today’s notice is published under the B. Overview of Today’s Notice 2. Begin development of revised effluent guidelines for the Iron and Steel authority of section 304(m) of the Clean The Agency proposes to develop Water Act, 33 U.S.C. 1314(m), which effluent limitation guidelines and Manufacturing category. requires EPA to publish a biennial standards (‘‘effluent guidelines’’) as 3. Initiate three preliminary studies to Effluent Guidelines Plan, schedule follows: assist in determining whether new or review and revision of existing 1. Continue development of 10 rules revised rules should be developed for regulations and identify categories of listed in the 1994 Effluent Guidelines particular categories. Each preliminary Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35043 study will generally take approximately performance for an industrial category. Section 402 of the CWA provides for two years to complete. For conventional pollutants listed under the issuance of permits to direct 4. Complete preliminary studies on sec. 304(a)(4), sec. 301(b)(2)(E) directs dischargers under NPDES. These the Photographic Processing and the achievement of effluent limitations permits, which are required by sec. 301, Chemical Formulating and Packaging based on the performance of best are issued either by EPA or by a State industries. conventional pollutant control agency approved to administer the 5. Plan for development of seven technology (BCT). The Act requires that NPDES program. Individual NPDES additional effluent guidelines, either BCT limitations be established in light permits must incorporate applicable new or revised. The point source of a two-part ‘‘cost-reasonableness’’ test. technology-based limitations contained categories to be covered by these The test, which assesses the relative in guidelines and standards for the guidelines will be identified in future costs of conventional pollutant industrial category in question. Where biennial Effluent Guidelines Plans. removals, is described in detail in the EPA has not promulgated applicable EPA’s current plan is to begin Federal Register notice promulgating technology-based effluent guidelines for development of one additional rule in the final BCT rule on July 9, 1986 (51 an industry, sec. 402(a)(1)(B) provides 1996 and two rules each year from 1997 FR 24974). that the permit must incorporate such to 1999, with proposed rules published Both BPT and BCT regulations apply conditions as the Administrator between 1998 and 2001, and final action only to direct dischargers, i.e., those determines are necessary to carry out taken between 2000 and 2003 facilities that discharge directly into the provisions of the Act. In other respectively. waters of the United States. In general, words, the permit writer uses best regulations are not developed to control professional judgment (BPJ) to establish IV. Effluent Guidelines Program conventional pollutants discharged by technology-based limitations for the Background indirect dischargers because the POTWs dischargers. A. Statutory Framework receiving those wastes normally provide Indirect dischargers are regulated by adequate treatment of these types of the general pretreatment regulations (40 The Federal Water Pollution Control pollutants or they can be adequately CFR Part 403), local discharge limits Act (FWPCA) of 1972 (Pub. L. 92–500, controlled through local pretreatment developed pursuant to Part 403, and Oct. 18, 1972) (the ‘‘Act’’) established a limits. categorical pretreatment standards for program to restore and maintain the For the toxic pollutants listed in sec. new and existing sources (PSNS and integrity of the nation’s waters. To 307(a), and for nonconventional PSES) covering specific industrial implement the Act, Congress directed pollutants, secs. 301(b)(2)(A), (C), (D) categories. These categorical standards EPA to issue effluent limitation and (F) direct the achievement of under sections 307(b) and (c) apply to guidelines, pretreatment standards, and effluent limitations requiring the discharge of pollutants from non- new source performance standards for application of best available technology domestic sources which interfere with industrial dischargers. These regulations economically achievable (BAT). Effluent or pass through publicly owned were to be based principally on the limitations based on BAT are to treatment works (POTWs), and are degree of effluent reduction attainable represent at a minimum the best control enforced by POTWs or by State or through the application of control technology performance in the Federal authorities. The categorical technologies. industrial category that is pretreatment standards for existing The 1977 amendments to the FWPCA, technologically and economically sources covering specific industries are known as the Clean Water Act achievable. generally analogous to the BAT Amendments (Pub. L. 95–217, Dec. 27, In addition to limitations for existing limitations imposed on direct 1977) (CWA), added an additional level direct dischargers, EPA also establishes dischargers. The standards for new of control for conventional pollutants new source performance standards sources are generally analogous to such as biochemical oxygen demand (NSPS) under sec. 306 of the Act, based NSPS. (BOD) and total suspended solids (TSS), on the best available demonstrated To ensure that effluent guidelines and stressed additional control of 65 control technology, processes operating remain current with the state of the toxic compounds or classes of methods, or other alternatives. NSPS industry and with available control compounds (from which EPA later apply to new direct dischargers. technologies, section 304(b) of the Act developed a list of 126 specific ‘‘priority Generally the NSPS limitations are to be provides that EPA shall revise the pollutants’’). To further strengthen the as stringent, or more stringent than BAT effluent guidelines at least annually if toxics control program, sec. 304(e), limitations for existing sources within appropriate. In addition, section 301(d) added by the 1977 amendments, the industry category or subcategory. provides that EPA shall review and if authorized the Administrator to Although the limitations are based on appropriate, revise any effluent establish management practices to the performance capability of particular limitation required by section 301(b)(2). control toxic and hazardous pollutants control technologies, including in some in plant site runoff, spillage or leaks, cases in-process controls, dischargers B. Components of an Effluent Guideline sludge or waste disposal, and drainage may meet their requirements using Regulation from raw material storage. whatever combination of control The principal components of effluent The effluent guidelines promulgated methods they choose, such as guideline regulations are numerical by EPA reflect the several levels of manufacturing process or equipment wastewater discharge limitations regulatory stringency specified in the changes, product substitution, and controlling specified pollutants for a Act, and they also focus on different water re-use and recycling. The given industry. These are typically types of pollutants. Section 301(b)(1)(A) limitations and standards are concentration-based limits (specified in directs the achievement of effluent implemented in permits issued through units such as milligrams of pollutant per limitations requiring application of best the National Pollutant Discharge liter of water) or production-based mass practicable control technology currently Elimination System (NPDES) pursuant limits (specified in units such as available (BPT). In general, effluent to sec. 402 of the Act for point sources milligrams of pollutant per unit of limitations based on BPT represent the discharging directly to the waters of the production). Numerical limits also cover average of the best treatment technology United States. parameters such as pH and temperature. 35044 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

A guideline often subcategorizes an questionnaires solicit detailed and the projected costs for these industry based on differences in raw information necessary to assess the options. The Agency considers the materials, manufacturing processes, statutory rulemaking factors costing information and economic data characteristics of the wastewaters, or (particularly technological and gathered from the survey and other type of product manufactured; in some economic achievability of available sources in its economic impact analysis, cases, non-water quality environmental controls), water use, production and then selects one or more of the impacts or other appropriate factors that processes, and wastewater treatment options as the basis for a rulemaking justify the imposition of specialized and disposal practices. A significant proposal. It also develops assessments requirements on the subcategorized portion of the Agency’s questionnaires of the environmental impact of the facilities are used as a basis. EPA typically seek information necessary to industry discharges, and may conduct a develops a set of effluent limitations for assess the economic achievability of a regulatory impact analysis as well. each category or subcategory at each prospective regulation. The Regulatory Flexibility Act of level of control (BPT, BAT, etc.) that is Generally, the Agency defines its site 1980, as amended by the Small Business addressed in the guideline. visits and wastewater sampling effort Regulatory Enforcement Fairness Act of A guideline also may prescribe Best based on information received in 1996 (SBREFA) (Title III of Pub.L. 104– Management Practices (‘‘BMPs’’) in response to the questionnaires. While 121, March 29, 1996), requires that EPA addition to or in lieu of numerical the questionnaire provides information conduct regulatory flexibility analyses limits. BMPs may include, for example, about production processes, water uses for rules which have a significant requirements addressing the and, in general terms, what is found in impact on a substantial number of small minimization or prevention of storm the industry’s wastewater, on-site entities. These analyses are to assess the water runoff, plant maintenance sampling and detailed monitoring data impact of the rule on small entities and schedules and requirements addressing are used to characterize the pollutants consider alternative ways of reducing the training of plant personnel. found in discharges. Site visits are also those impacts. Section 344 of SBREFA used to assess manufacturing processes, also requires EPA to organize a ‘‘small C. Development of Effluent Guideline wastewater generation, pollutant control business advocacy review panel’’ for Regulations technologies, pollution prevention each rule where a regulatory flexibility EPA has accumulated substantial opportunities (e.g., process changes), analysis is required. experience and expertise in the course and potential non-water quality impacts Prior to publishing a proposed rule, of preparing 51 effluent guidelines. This of effluent guidelines (i.e., air emissions, EPA usually conducts a public meeting section of the notice summarizes the sludge generation, energy usage). to discuss the Agency’s findings and various tasks which the Agency In developing a list of pollutants of describe the general outlines of the rule. typically undertakes in an effluent concern for an industry, EPA initially Following publication, a hearing is guideline rulemaking. will study wastewater samples for all conducted during the public comment EPA begins work on an effluent pollutants that can be measured by period, and supplemental notices of guideline rulemaking project by recognized analytical methods. new data may be published, if tentatively defining the scope and Currently over 457 pollutants or appropriate. dimensions of the industry category. analytes can be measured by these The Agency’s outreach efforts to The Agency determines the size of the methods. This includes the subset of improve the regulatory development category as it has been defined, using all 126 pollutants known as ‘‘priority’’ process have involved some industries available sources of information. Given pollutants developed pursuant to CWA subject to effluent guidelines. One such the diversity of regulatory categories, no sec. 307(a). EPA will develop new special effort is the Common Sense single source suffices to establish size. analytical methods to cover additional Initiative (CSI), a committee established At various times, EPA has used one or pollutants as necessary. For example, under the Federal Advisory Committee more of the following sources: standard the Agency has developed new methods Act (FACA)(Pub.L. 92–463). Through published sources, information for use in the Pesticides, Pulp and CSI, EPA has brought together federal, available through trade associations, Paper, Pharmaceuticals, and Offshore state, and local government data purchased from the Dun and Oil and Gas effluent guidelines. (EPA representatives, environmental interest Bradstreet, Inc. data base, other publicly generally proposes any new methods for and environmental justice leaders, labor available data bases, U.S. Census Bureau public comment concurrently with the representatives, and industry executives data, other U.S. Government proposed rule.) to examine the full range of information, and any available EPA data Most of the effluent sampling and environmental requirements affecting base. If a category is very large and/or analysis that has been conducted six pilot industries. These six teams are diverse, the Agency will determine specifically to support effluent exploring comprehensive strategies for whether it can be broken down into guideline regulations promulgated to environmental protection which include appropriate categories or subcategories. date has been conducted by EPA. On regulatory and voluntary approaches on If more than one subcategory can be occasion, however, these activities have which all can agree. Two of the six identified, the Agency may need to been pursued on a cooperative basis teams, Metal Finishing and Iron and establish priorities for regulation. with industry parties. For example, EPA Steel, are discussing effluent guidelines EPA works with interested and numerous pulp and paper issues as well as other regulations. EPA stakeholders early in the regulation manufacturers participated in looks forward to receiving development process. State and local cooperative efforts to sample and recommendations from these CSI teams. regulatory officials familiar with the analyze effluent, wastewater treatment industry are consulted, and business sludge, and pulp from domestic mills D. NRDC Litigation and Consent Decree associations and citizen groups are also that bleach chemical pulp in their EPA has developed today’s proposed invited to share information. production processes. Effluent Guidelines Plan pursuant to a Regulatory information about industry EPA conducts engineering and consent decree in NRDC et al v. Browner categories is obtained by EPA largely statistical analyses of the technical data (D.D.C. Civ. No. 89–2980, January 31, through its survey questionnaires, site to develop control and treatment 1992, as modified). The Decree commits visits and wastewater sampling. Survey options for the pollutants of concern, EPA to schedules for proposing and Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35045 taking final action on effluent The Decree also required EPA to V. Today’s Proposed Effluent guidelines, and also for conducting establish the Effluent Guidelines Task Guidelines Plan preliminary studies. Some of the Force, an advisory committee, to A. Effluent Guidelines Currently Under industry categories to be regulated are formulate recommendations for Development specified in the Decree. For the improvements to the effluent guidelines remaining required rulemakings, program. The Agency created the Task 1. Schedule for Ongoing Rulemaking EPA retains the discretion to select Force in 1992. The Task Force has held guidelines for development based on several public meetings and has begun The Agency is currently in the Agency priorities. to present recommendations to the EPA process of developing new or revised EPA will use the results of the Administrator. The work of the Task effluent guidelines for 10 categories. preliminary studies and other Force is discussed further in Section V (These categories were listed in the information (such as public comments of today’s notice. Agency’s 1994 Effluent Guidelines and recommendations from state and Plan.) The categories and actual or local governments) to select industries Since 1992, EPA and NRDC have Consent Decree dates for proposal and for future regulation. The Decree agreed to several modifications of the final action are set forth in Table 1. requires the Agency to study eleven Decree consisting of deadline extensions industries. for certain rules.

TABLE 1.ÐEFFLUENT GUIDELINES CURRENTLY UNDER DEVELOPMENT

Proposal Final action Category Consent de- Consent de- cree or actual cree

Pulp, Paper and Paperboard ...... 12/17/93 (1) Pesticide Formulating, Packaging, and Repackaging ...... 4/14/94 9/96 Centralized Waste Treatment ...... 1/27/95 2 9/96 Coastal Oil and Gas Extraction ...... 2/17/95 10/96 Pharmaceutical Manufacturing ...... 5/2/95 2 8/96 Metal Products and Machinery, Phase ...... 15/30/95 2,3 9/96 Industrial Laundries ...... 2 12/96 2 12/98 Transportation Equipment Cleaning ...... 2 12/96 2 12/98 Landfills and Incinerators ...... 2 3/97 2 3/99 Metal Products and Machinery, Phase 2 ...... 3 12/97 2,3 12/99 1 The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree. 2 EPA is discussing extensions to Consent Decree dates with NRDC. 3 EPA is considering merging Phases 1 and 2 of the Metal Products and Machinery rule. See discussion below.

The Agency has only recently phases of the MP&M category. The able to provide more substantive data on received funding for Fiscal Year 1996, classification of a facility as MP&M implementation issues. and funding restrictions may affect Phase 1 or Phase 2 should not affect its EPA invites comment on the merits of rulemaking schedules. EPA is ability to treat its wastewater to a given combining the two phases into one rule. discussing extensions to all the Consent level. b. Pulp, Paper and Paperboard. EPA Decree dates with NRDC, for both • The complexities of having issued the proposed Pulp, Paper and budgetary reasons and specific policy, different effluent limits across the two Paperboard ‘‘Cluster Rules’’, covering technical and administrative issues in phases (for the same pollutant and level both effluent guidelines and National some regulations. of control) would be avoided. Having Emission Standards for Hazardous Air one set of effluent limits for the MP&M Pollutants (NESHAP), on December 17, 2. Changes in Rulemaking Scope, category greatly simplifies 1993 (40 CFR part 430, 58 FR 66078). Schedules and/or Organization implementation for POTWs and The proposed effluent guidelines were a. Metal Products and Machinery. compliance for facilities. organized into 12 subcategories. EPA is considering merging Phases 1 • Merging these rules would allow EPA plans to promulgate final effluent and 2 of the Metal Products and EPA to use POTW survey data being guidelines for two subcategories later Machinery rule. The Phase 1 proposed collected for Phase 2 to develop more this year: Bleached Papergrade Kraft and rule, covering seven industry sectors, precise estimates of the administrative Soda (proposed Subpart B), and was published on May 30, 1995 (60 FR burden for all sectors, and to consider Papergrade Sulfite (proposed Subpart 28209). Such a merger would mean that aggregated environmental impacts and E). At least eight of the remaining EPA would not proceed with a final rule compliance costs. subcategories will be addressed in a for Phase 1, but would issue a new • Opportunities to explore alternative final rule expected in 1997: Unbleached proposal covering both phases (15 permitting requirements such as BMPs Kraft; Semi-Chemical; Mechanical Pulp; sectors total) and promulgate a final rule would be enhanced. Non-Wood Chemical Pulp; Secondary covering both phases. • The additional time needed for a Fiber Deink; Secondary Fiber Non- There are several reasons why a single combined rule would allow more Deink; Fine and Lightweight Papers final rule for this category would be extensive stakeholder involvement. For from Purchased Pulp; Tissue, Filter, desirable: example, members of the Metal Non-Woven, and Paperboard from • The same basis and applied metals Finishing CSI team have expressed Purchased Pulp (proposed Subparts C, as well as the same manufacturing and interest in working with EPA on F, G, H, I, J, K and L, respectively). Two wastewater treatment unit operations obtaining additional data, and POTWs remaining subcategories, Dissolving typically are used throughout both and NPDES permit authorities will be Kraft (proposed Subpart A) and 35046 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Dissolving Sulfite (proposed Subpart D), Last year EPA decided to exclude available for each category, and can be will be addressed in a subsequent rule. aircraft exterior cleaning and de-icing used to calculate the total priority toxic c. Pharmaceutical Manufacturing. from the current effluent guidelines pounds-equivalent discharged. These EPA published a proposed rule for the development effort because of other have been among the most useful Pharmaceutical Manufacturing Category Agency requirements recently indicators for selecting categories for on May 2, 1995 (60 FR 21592). In that promulgated under the stormwater effluent guidelines. The toxic pounds- notice, the Agency stated that it is program (60 FR 51215, September 29, equivalent (developed for most of the required by the Clean Air Act 1995). New stormwater permits 126 priority pollutants and hundreds of Amendments of 1990 (CAAA) to applicable to airports require nonconventional pollutants) are promulgate NESHAP regulations by implementation of pollution prevention calculated using the mass loading of a 1997; no NESHAP regulations were plans to control stormwater discharges. pollutant (measured in pounds), proposed along with the water EPA anticipates that the stormwater multiplied by a weighting factor for regulations. permit program will reduce, and may each pollutant based on toxicity and In developing the proposed effluent eliminate the need for a specific effluent potential for bioaccumulation. The guidelines and standards, EPA guideline covering these discharges. individual values are then summed to coordinated its efforts to make sure that The Agency will track the provide the category value. the rule would be consistent, within the effectiveness of stormwater pollution The second broad criterion EPA uses constraints of the governing statutes, prevention efforts to control deicing in selecting industries for development with the forthcoming air emissions discharges and other airport stormwater of effluent guidelines is the ‘‘utility’’ or standards. The Agency’s analysis of runoff and decide later if an effluent ‘‘usefulness’’ of the regulation. This industry wastewater showed a guideline is necessary for aircraft factor reflects the fact that, even in the substantial portion consists of volatile exterior cleaning and de-icing. absence of a national effluent guideline, organic compounds which pose a risk to B. Process for Selection of New Effluent a discharger of pollutants into waters of human health through increased Guideline Regulations the United States must obtain an NPDES exposure to carcinogens and increased permit incorporating technology-based exposure to systemic toxicants from Section 304(m) does not specify effluent limits. Permit writers at atmospheric exposure. criteria that the Agency should use to facilities not covered by national The Agency intends to propose the select categories for regulation by guidelines are directed to use Best NESHAP in November 1996, and effluent guidelines. For the first Effluent Professional Judgment in determining promulgate the standards in November Guidelines Plan, published January 2, what technology-based limits are 1997. The current Consent Decree for 1990 (55 FR 80), EPA listed criteria it appropriate. (A roughly analogous effluent guidelines requires had used to select categories. The 1992 situation exists with respect to the promulgation for the pharmaceutical consent decree, while specifying some development of ‘‘local limits’’ for those industry by August 1996. While EPA’s of the categories to be regulated, allows facilities discharging into POTWs). At original intent was to issue separate air the Agency flexibility in selecting future some facilities, however, development and water rules utilizing a common categories for regulation, and does not of BPJ permits by individual permit technology basis, the Agency is specify selection criteria. Therefore EPA writers may be especially difficult due considering the merits of jointly intends to continue to use selection to the complexity of wastestreams, promulgating the air and water criteria such as those listed in the 1990 presence of pollutants with poorly regulations by the 1997 CAAA deadline. plan. understood treatability characteristics, The Agency believes that a single 1. Selection Criteria and Data Sources or other factors. National effluent promulgation of industry standards will guidelines may be especially a. Selection Criteria. EPA considers be beneficial in terms of consistency appropriate for such facilities and the three kinds of criteria for selection of and clarity, and will result in more categories of which they are a part. categories: environmental factors, utility integrated multi media regulatory Promulgation of new and revised to states and POTWs, and economic controls. EPA also believes that these categorical pretreatment standards was impacts. The environmental factors benefits would outweigh benefits that the first recommendation in ‘‘National allow the Agency to compare the might be obtained from a slightly earlier Pretreatment Program: Report to discharges of various categories to promulgation of the effluent guidelines Congress’’ (EPA 21W–4004, July 1991). approximate risk to human health and alone. In assessing the utility or usefulness the environment. The specific factors EPA invites public comment on the of a national effluent guideline, EPA used have included: typically looks at a variety of factors. merits of simultaneous promulgation of • Total priority pollutants discharged air and water standards for this Among these are: (lbs/day). • industry. • Total pollutants discharged (lbs/ Average priority pollutants d. Transportation Equipment discharged per facility; day). • Cleaning. EPA began development of • Total priority toxic pounds- Average priority toxic pounds- effluent guidelines for the equivalent discharged (lbs/day). equivalent discharged per facility; Transportation Equipment Cleaning • Number of carcinogens present in • Number of discharging facilities. industry assuming that the scope would discharges. The number of priority pollutants include effluent generated from the • Number of facilities discharging to discharged per facility and the toxic interior cleaning of tank trucks, rail tank water quality-impaired receiving waters. pounds-equivalent levels are considered cars, and tank barges, and the exterior • Number of documented cases of as relative indicators of plant cleaning and de-icing of aircraft. sediment contamination. complexity. The number of discharging However, as a result of data collection Data for all of the above factors may facilities signifies the greater impact of and analysis, the Agency has decided to not be available for all of the categories a guideline on a large-population limit the scope of the rule to effluent under consideration. EPA has found category, in reducing permit writing generated from tank and container that an estimate of the total priority workload and implementing permit interior cleaning. pollutants discharged is usually limitations on a timely basis. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35047

The economic impact factors consist Contaminant Point Source Inventory: synopsis of recent technical and of cost and economic achievabilty of Analysis of Facility Release Data’’ economic information on a category of additional controls, and investment (Draft, May 1996). dischargers. The Preliminary Data cycle. The cost and economic • Reviews of variance requests and Summaries are not used directly as a achievability factor is an estimate based petitions. basis for rulemaking, but are used in the on the Agency’s projection of what the • Public comments. Agency’s determination of which ‘‘best available technology’’ would be in EPA continues to rely on these data categories most require preparation of a new or revised regulation, and the sources for effluent guidelines planning. new or revised effluent guidelines. impacts of such costs on the industry. The Effluent Guidelines Task Force has (They also may be expanded to become The investment cycle factor is a developed recommendations on use of guidance documents for NPDES permit consideration of the timing of an data sources for selecting industries. writers and POTWs.) industry’s capital investments in These recommendations are discussed A Preliminary Study typically collects equipment. This is based on an below. data on the following: assumption that if there is a periodic • The products manufactured and/or 2. New Rulemaking Activities equipment replacement cycle for an services provided by an industry; industry, the economic impact of a new The 1992 consent decree requires that • Number, types and geographic or revised regulation may be less if the EPA begin rulemaking on two categories location of facilities; compliance period coincides with the in 1996, and start work on two more in • Destination of discharges (directly replacement cycle. These economic 1997. to surface waters, indirectly to POTWs, factors are difficult to estimate in the a. Iron and Steel Manufacturing. EPA or both); absence of detailed questionnaire data has decided to develop revisions for the • Characterization of the wastewater and other information that are gathered Iron and Steel Manufacturing category discharges and identification of during a regulation development (40 CFR part 420). This decision is pollutants present in the wastestreams project, but EPA attempts to assemble based on consideration of a preliminary (e.g., mean concentrations of pollutants, some economic projections during its data summary on the category recently wastewater volumes, mass loadings); preliminary studies. prepared by the Agency. Initial • Sampling and analytical methods These criteria are groups of factors development of a proposed rule will employed to ascertain the presence and that the Agency considers and weighs in begin later this year, with proposal concentration of pollutants in the setting rulemaking priorities. The scheduled for December 2000 and wastewater; criteria can not be applied promulgation scheduled for December • Source reduction, recycling and mechanically. In applying the criteria 2002. The preliminary data summary is pollution control technologies in use and selecting categories of dischargers discussed below in section IV.C.1. and potentially applicable to the for the preparation of new or revised b. Other Rules. EPA has not yet industry; • guidelines, the Agency uses selected additional rulemaking projects. Non-water quality environmental considerable judgment grounded in its EPA is not proposing specific industrial impacts associated with wastewater expertise in the regulation of the categories for selection in today’s notice. treatment in the industry (e.g., air discharge of pollutants and the However, based on the above discussion emissions, wastewater treatment administration of the Clean Water Act of data sources, the Agency may choose sludges, and other wastes including and other authorities that address the next categories from the following hazardous wastes); • pollution of the nation’s waters. list: Cost of control technologies in The Effluent Guidelines Task Force • Petroleum Refining. place and cost estimates for additional has developed recommendations on • Textile Mills. controls; • criteria for selecting industries for • Inorganic Chemicals. Cost-effectiveness of reduction of preliminary studies. The • Steam Electric Power Generating. toxic and nonconventional pollutants; • • recommendations are discussed in Photographic Processing. Estimates of water quality impacts • section V below. Chemical Formulators and of discharges within the subject b. Data Sources. The Agency Packagers. industry; • • evaluates which categories should be Other categories being considered Economic assessment (current subject to new or revised effluent for preliminary studies. Recent, ongoing financial condition of firms in the guidelines using the following sources and future preliminary studies are industry, industry expansion or of information: discussed briefly in Section IV.C of reduction trends, size characterization • Recommendations from NPDES today’s notice. The public is invited to of firms, impact of estimated treatment permit writers in its own regional comment on these categories, as well as costs on representative facilities). offices and State agencies. recommending other categories for The type and level of detail of • Recommendations from POTWs development of new or revised effluent information varies among the and the Association of Metropolitan guidelines. Preliminary Data Summaries, depending on the data available to the Agency Sewerage Agencies (AMSA). C. Preliminary Studies • Preliminary studies of industries, when each document is prepared and which are discussed further in section The purpose of a Preliminary Study is whether the industry is covered by an IV.C of today’s notice. to indicate whether and to what extent existing effluent guideline. For example, • Rulemaking records from existing an industry discharges toxic and some of the Summaries have effluent guidelines, which document nonconventional pollutants, and to comprehensive, primary data on the unresolved issues from past rulemaking provide a basis for comparison with number and location of the discharging activity for some categories. other industries for purposes of facilities while others contain estimates • Other EPA reports, such as the assigning priorities for regulation. The drawn from secondary data sources. annual Toxic Release Inventory (TRI), results of a Preliminary Study for an However, the Summaries represent the ‘‘An Overview of Sediment Quality in industry are published in a Agency’s best characterization of the United States’’ (EPA 905/9–88–002, ‘‘Preliminary Data Summary.’’ The industries at the time the summaries are June 1987), and ‘‘National Sediment Preliminary Data Summary presents a compiled. As additional data are 35048 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices acquired, they are factored into the • Long term average data collected also discussed then-current efforts in evaluation process. Consequently, the from seven U.S. refineries during the the development of the Metal Products Preliminary Data Summaries are also Canadian study; and Machinery (MP&M) rule. Because subject to revision. The Agency has • EPA’s Permit Compliance System the MP&M rule was expected to made the Summaries available to the (PCS) covering 138 direct discharging significantly overlap in coverage with public and intends to continue to do so. refineries for 1992. the Metal Finishing rule, the A preliminary assessment of the 1. Recently Completed Studies preliminary data summary deferred pollutant loadings and potential water additional technical, economic and a. Petroleum Refining. The BAT quality impacts of discharges from environmental assessment of the regulations for the Petroleum Refining petroleum refining facilities to surface industry. category were promulgated in 1982 at 40 waters and POTWs, using readily c. Textile Mills. The Textile Mills CFR part 419. The preliminary data available data and information sources regulations were promulgated in 1982 at summary, completed in 1994, compared on refinery wastewater volume and 40 CFR part 410. EPA completed its data collected by EPA in 1992 and 1993 constituents, annual loadings and study of the industry in 1995. The with data collected for the 1982 rule in average concentration, are estimated in numbers of establishments engaged in the late 1970s. the summary. In addition, potential the manufacture of textile products were Historically, U.S. petroleum refineries aquatic life and human health impacts estimated at nearly 6,000. have been large water users. The are summarized based on a review of Approximately 35 to 50 percent are industry has changed significantly since documented environmental impacts and engaged in wet processing (dyeing, the previous rulemaking with regard to a review of the physical-chemical finishing, printing and coating), and at patterns of water usage and product properties and toxicity of pollutants least 90 percent of these sources formulations. Many of the refineries associated with wastewater discharges discharge their process wastewater to studied use well below 50 percent of the from the petroleum refining industry. POTWs. Water conservation programs flows predicted by the Agency’s 1982 EPA’s categorization of the 98 developed by textile facilities have BPT and BAT flow models, with some pollutants of interest, based on their fate reduced the total volume of wastewater refineries as low as 15 percent of their and impact, indicated that discharged through more efficient use of water use rates predicted by the BPT approximately one quarter of the process water. Compared with 1980, the flow model. (The BAT regulations did pollutants exhibit high or moderate industry in 1993 averaged 22 percent not require any further flow reductions; acute toxicity to aquatic life. EPA less water per pound of fiber processed. however, as a result of litigation, the classifies 23 of the pollutants as A survey of POTWs afforded a review of 1986 amendment to BAT and NSPS potential carcinogens, while 52 are the pretreatment technologies and incorporated additional flow reduction recognized as human systemic innovative pollution prevention as part of the basis for limitations for toxicants. Of the pollutants of concern, techniques that are currently being phenol and total chromium.) 41 have EPA-assigned concentration Refineries have modified product limits for drinking water protection. employed by textile users of POTWs. formulations such as gasoline to comply Approximately half of the pollutants are Pollutant parameters in textile process with Clean Air Act requirements expected to biodegrade fast or wastewater were characterized before covering volatile organic compounds moderately fast in oxygenated water. and after treatment. Available data and lead. Such manufacturing process However, several highly to moderately indicated: (1) Few organic priority changes have led to modifications of toxic pollutants are resistant to pollutants were identified consistently wastewater collection systems, which biodegradation or only slowly and, when detected, were quantified at may still be underway at some facilities. biodegrade. Whole effluent toxicity very low concentrations (less than 100 A summary of the treatment (WET) tests done at 47 petroleum ppb); and (2) metal parameters technologies that are identified as refining facilities in Texas, Louisiana, consistently detected at low levels currently in place is presented in the and Oklahoma showed approximately include: copper, chromium, and zinc. report. Of the 27 refineries studied, 20 40 percent failed at least one WET test At textile operations using metallized are direct dischargers and 7 are indirect for acute, chronic, or sublethal effects. dyes, copper, chromium or nickel are dischargers. All of the 20 direct Tests conducted at five refineries in the often chelated by organic ligands to discharging refineries have some form of San Francisco Bay region were in form water-soluble metal complexes. biological treatment. Three have sand compliance with chronic WET test While their solubility limits the removal filtration and one facility has an in-plant requirements. Twenty petroleum of such metal complexes during activated carbon system in addition to refining facilities are identified by States biological treatment, complexation also biological treatment. as point sources impairing (or suppresses the immediate and A summary of the effluent data contributing to impairment of) water subsequent bioavailability (toxicity) of collected from six refineries visited as quality and are included on their CWA metal species in the treated wastewater. part of this study compares the Section 304(l) ‘‘Short List’’, which Although most textile facilities pollutants covered by BPT with the identifies facilities discharging to engaged in wet processing discharge concentrations used as a basis to impaired water bodies. Three cases of their wastewater to POTWs, a survey of develop the BPT limitations in 1974. sediment contamination are identified POTWs with textile users did not Effluent concentration data are also with petroleum refineries based on a identify any general operational summarized for a number of other 1987 report. problems that could be related to the pollutants, including pollutants covered b. Metal Finishing. The Metal lack of categorical pretreatment by the current effluent guidelines. These Finishing regulations were promulgated standards for this industry. In the data were obtained from the following in 1983 at 40 CFR part 433. The absence of categorical pretreatment sources: preliminary data summary, completed standards, each POTW surveyed has • Average concentration data (over a in 1994, briefly summarized the Metal developed local limits for those one year period) collected during Finishing regulations and a related parameters it has determined must be Environment Canada’s ‘‘Seven category, Electroplating, promulgated in controlled to assure compliance with its Refineries Study’’ conducted in 1989; 1981 at 40 CFR part 413. The summary own NPDES permit. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35049

d. Inorganic Chemicals. The Inorganic weighted surface water releases are from water quality based on their CWA Chemicals regulations were priority pollutants and approximately Section 304(l) ‘‘short list.’’ promulgated in 1982 (Phase 1) and 1984 30 percent of POTW transfers are from Due to many changes that have (Phase 2) at 40 CFR part 415. EPA priority pollutants. States, in developing occurred in this industry since the 1982 completed its study of the industry in lists of point sources impairing water rule, the current guidelines and 1994. EPA identified approximately 51 quality under sec. 304(l), identified 27 standards do not address issues such as: chlor-alkali facilities, 47 inorganic inorganic chemical manufacturing • ‘‘Non-utilities’’, mainly comprised pigment facilities, 140 industrial gas facilities. Inorganic chemical of cogenerators and renewable fuel facilities, and 422 other inorganic manufacturing ranks first among 40 burners, chemical manufacturing facilities. These industrial categories as a source of • Combined cycle generators, with are believed to represent nearly potential sediment contaminants in a gas turbine exhaust heat driving a steam complete coverage of this category in 1995 draft EPA report (‘‘National turbine, • the United States. Inorganic chemicals Sediment Contaminant Point Source Use of bromine and other biocides are mostly used by major manufacturing Inventory: Analysis of Release Data for in place of chlorine, • Zebra mussel control strategies, and industries to produce automobiles, steel, 1992’’, EPA Office of Science and • paper, petroleum products, and housing Technology, May 1995 draft). EPA also Wastewaters from a growing materials. reports 12 cases of possible sediment population of non-steam electric EPA identified 30 inorganic contamination associated with inorganic generators. f. Iron and Steel Manufacturing. The pollutants and their compounds (13 chemical manufacturing. priority and 17 nonconventional) as e. Steam Electric Power Generating. Iron and Steel Manufacturing pollutants of interest in the wastewater The Steam Electric Power Generating regulations were promulgated in 1982 at discharges from inorganic chemical regulations were promulgated in 1982 at 40 CFR part 420 and amended in 1984. manufacturing facilities. These include 40 CFR part 423. The Preliminary Data EPA completed its study of the industry 15 metals, one metal oxide, two non- Summary for the Steam Electric Point in 1995. The industry has consolidated metallic elements, five inorganic acids, Source Category was completed in 1995. and modernized in the past fifteen and seven other inorganic compounds. The 1982 Guidelines and Standards are years. Integrated mills continue to An analysis of 1992 data from PCS currently being applied to about 900 ‘‘down-size’’ to reflect changes in the indicates that permit limits for copper utility steam electric facilities, and demand of different steels and to remain and zinc are exceeded most frequently potentially to over one thousand non- competitive. ‘‘Mini-mills’’ continue to of the 12 metals examined. A chemical utility steam electric generators. Steam grow due to their ability to make higher load analysis of the data shows that zinc electric generation is by far the Nation’s quality steels. Coking operations are represents the vast majority of total largest industrial water user, estimated declining due to changes in iron-making discharge quantity (about 70 percent) at over 110 trillion (110 × 1012) gallons processes. Continuous casting is now followed by chromium and nickel. A per year. the norm for the industry due to the one-year chemical load analysis of Pollutants of concern for this industry higher energy efficiency of the process surface water releases and transfers to include chlorine, mercury, arsenic, over the traditional piecemeal casting POTWs of inorganic chemicals using copper, zinc and lead. EPA estimates a operations. These changes are believed 1992 TRI data shows that 5.4 million total annual pollutant load of 22 million to be fostered by domestic and world pounds are being released to surface pounds, of which 727 thousand pounds competition. waters and 27.1 million pounds are are priority pollutants, based on 1992 The 300 industry facilities are being transferred to POTWs. Ammonia, PCS data. Chlorine and iron represent becoming more efficient. This has led to ammonium nitrate and ammonium the vast majority of total loads, being 34 substantial changes in how the industry sulfate represent the vast majority of and 40 percent respectively. Zinc and operates. Pollutant loadings are down total releases, with ammonia being copper represent the majority of priority due to improved recycle rates on many reported most frequently. Mercury was pollutant loads, respectively comprising unit operations, more efficient the most frequently reported metal in 37 and 28 percent of the total. When processing of conventional operations, discharges from the 1992 TRI facilities. arranged by toxic weighted pounds elimination of obsolete processes, The total discharge of priority pollutants chlorine is found to be the most improved computerization of from the Inorganic Chemicals significant pollutant, comprising 70 manufacturing, changes in market Manufacturing Category is estimated at percent of total toxic pounds-equivalent. demands, and improved treatment 0.51 million pounds per year. Mercury and arsenic contribute the processes. Many better-performing mills EPA’s categorization of the 30 greatest number of toxic pounds- are discharging wastewater loadings far pollutants of interest, based on their equivalent among the priority below EPA’s current standards. potential environmental fate and pollutants. These estimated pollutant However, not all of the industry has impact, indicates that one-third of the loading represent only 361 of the 910 kept pace with the improved operations pollutants (10 of 30), primarily metals in U.S. steam electric utility plants or pollution prevention opportunities. their elemental form, are highly toxic to operating in 1992, due to insufficient Forty mills are included on the sec. aquatic life. The Agency has set data for the excluded facilities. 304(l) ‘‘short list’’, and a number of drinking water maximum contaminant The Steam Electric Industry ranks mills continue to discharge in excess of level standards for approximately one- third among 44 industrial categories as current effluent guidelines. Facilities in third of the pollutants (11 of 30), and a source of potential sediment impact. 10 of the 12 subcategories discharge about half (16 of 30) have been Categorization of the 53 pollutants of some toxic and nonconventional identified as human systemic toxicants. interest based on their environmental pollutants that are not covered in the EPA classifies arsenic, cadmium, and fate and impact indicate that 22 of the current regulation. Changes made by the lead as Class A, B1, and B2 carcinogens, 53 are highly or moderately toxic to industry in its cold forming operations respectively. Calculated toxic weighted aquatic life. A review of documented have rendered some current standards loads, based on toxicity and environmental impacts shows that inapplicable, and some elements of the bioaccumulation potential, indicate that States identify 39 steam electric current regulation are obsolete. Many approximately 40 percent of the facilities as point sources impairing better-performing mills are discharging 35050 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices wastewater loadings far below EPA’s facilities. EPA will continue to review The Agency is considering whether current standards (e.g., § 420.01(b), these data and develop a profile of the development of additional technical involving centralized waste treatment). industry’s discharges. information and guidance on Revised effluent guidelines for the characterizing stormwater discharges 3. Future Studies Iron and Steel industry could result in and evaluating the efficacy of controls a substantial reduction in pollutants EPA intends to begin three would be useful to discharging facilities discharged: as much as 29 million preliminary studies in 1996. Studies are in complying with permit requirements. pounds per year of total suspended being considered on the following EPA may conduct a study to explore solids, 6.9 million pounds of oil and subjects: what kinds of documentation would be grease, and 710,000 pounds of a. Coal Mining. Regulations for the helpful. For example, the Agency could ammonia-N. Coal Mining category were promulgated develop a compilation of municipal in 1982 at 40 CFR part 434. The Agency 2. Ongoing Studies stormwater control techniques is aware of several issues that have appropriate for specific situations, along a. Photographic Processing. The emerged subsequent to the rulemaking with cost models and cost-effectiveness Photographic regulations were or that were not resolved in the analyses. promulgated in 1976 for BPT (direct promulgated rule. These include the d. Hospitals. BPT regulations for the dischargers) only, at 40 CFR part 459. question of whether there should be Hospitals category were promulgated in Subsequent to promulgation of the BPT separate subcategories for remining 1976 at 40 CFR part 460. EPA published rule, EPA collected some additional operations and western coal mines; a Preliminary Data Summary on the information to support development of whether limitations on manganese Hospitals category in 1989. The 1989 BAT, NSPS and pretreatment standards, discharges should be revised; whether summary reported that there were 6,870 but no additional rules were the criteria for ‘‘bond release’’ as registered hospitals in the United States promulgated. As of 1980, the Agency defined at 40 CFR 434.11(d) should be as of 1985, and approximately 97 estimated that 99 percent of 11,000 revised; and whether discharges related percent of these were indirect photographic processing facilities were to methane gas production should be indirect dischargers. Several POTWs dischargers. A principal pollutant of regulated in Part 434. concern from hospital discharges has have recommended that EPA develop b. Feedlots. Regulations for the been silver, emanating from processing categorical standards for indirect Feedlots category were promulgated in of x-ray images. While some hospitals dischargers. While processing facilities 1974 at 40 CFR part 412. The effluent employ silver recovery systems, a are believed to be widely dispersed guidelines, which apply to feedlots of national PSES limitation for silver may across the United States, POTW efforts 1,000 or more animal units (AUs), be useful to some POTWs in promoting vary considerably. Some POTWs have contain limitations requiring no fuller control of silver discharges. implemented local limits for silver and discharge of process wastewater Recommended silver management perhaps other pollutants, while others pollutants, based on treatment of wastes practices developed by the photographic have no specific mechanisms for this in lagoons or holding ponds. The industry may be reviewed for relevancy industry. Agency is aware of several issues which to addressing hospital discharges. EPA is reviewing the pollutants of could be explored in a preliminary Additionally, the Agency may explore concern (such as silver, cyanide, and study. These include: discharges associated with procedures chromium), what technologies are • Changes in industry (e.g., there has for deactivation of infectious waste, available for controlling discharges and been an increase in recent years in the including discharges from scrubber POTWs’ efforts to address the number of large corporate hog farms) discharges by means of local limits or • The ability of facilities to comply water of on-site incinerators. other mechanisms. In addition to using technology that was the basis for e. Ore Mining and Dressing. Most working with states and POTWs, the the 1974 effluent guidelines during portions of the Ore Mining and Dressing Agency is consulting with business chronic rainfall and snowmelt runoff category were promulgated in 1982 at 40 associations in the review of industry- events CFR part 440. (Subpart M, Gold Placer recommended silver management • Regulatory coverage of livestock Mining Subcategory, was promulgated practices. markets in 1988). EPA may study issues b. Chemical Formulators and • Proper runoff control structure stemming from a pending action Packagers. Chemical formulators and dewatering to maintain free-board and affecting some gold mines under packagers (CFP) purchase concentrated land disposal of contained runoff by Subpart J (see section IV.D.2 of today’s chemical products from chemical techniques consistent with non-point notice), and may also examine the need manufacturers, and mix or otherwise source controls. for revised analytical methods for formulate and/or package them into c. Stormwater Discharges. Stormwater cyanide, which affects multiple end-use products for sale to consumers, discharges are explicitly addressed in subcategories in part 440. businesses and institutions. CFP several effluent guidelines, such as f. Glass Manufacturing. BPT facilities are similar to pesticide Fertilizer Manufacturing (40 CFR Part regulations for the Glass Manufacturing formulating, packaging and repackaging 418) and Coal Mining (40 CFR part 434). category were promulgated in 1974 at 40 (PFPR) facilities in that some discharge In addition, discharges associated with CFR part 426. The Agency is aware of wastewater, while others have no industrial activity and from municipal changes in industry manufacturing discharge. However, some CFP facilities separate stormwater sewer systems practices since 1974 that may affect are not covered by either the impending serving a population of 100,000 or more wastewater discharge characteristics, PFPR final rule, the Organic Chemicals, are subject to NPDES stormwater and revisions to the effluent guidelines Plastics and Synthetic Fibers (OCPSF) permitting requirements at 40 CFR may be appropriate. For example, there category (40 CFR part 414), nor the 122.21 and 122.26. The stormwater are new processes for manufacturing Inorganic Chemicals category (40 CFR permit program is being implemented light bulbs and fiber optics, and there part 415). by EPA and States utilizing the NPDES has been a substantial increase in In the course of developing the PFPR regulations and permits, including production of float glass, while plate rule, EPA acquired some data on CFP individual, general and sector permits. glass manufacturing has declined. Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35051

g. Canmaking. Regulations for the effluent guidelines have been raised in 2. Ore Mining and Dressing Canmaking subcategory of the Coil the context of recently proposed EPA is proposing to exempt a waste Coating category were promulgated in regulations. Several of these suggestions stream from existing effluent guidelines 1983 at 40 CFR part 465, Subpart D. One involve implementation of effluent for the Copper, Lead, Zinc, Gold, Silver of the pollutant parameters included in guidelines, while others directly impact and Molybdenum Ores Subcategory of this subcategory is Total Toxic Organics the content of effluent guideline the Ore Mining and Dressing Category (TTO). EPA’s inclusion of the TTO limit regulations. These suggestions include (40 CFR part 440, Subpart J). The was based on the industry’s use of can such things as allowing certification in Agency published a proposed rule on sealant compounds. The Agency has lieu of monitoring for specified February 12, 1996 (61 FR 5364). received reports from some POTWs that pollutants under defined circumstances, Dewatered tailings generated by the industry may no longer be using these defining Best Management Practices in Alaska-Juneau (A–J) gold mine project compounds, but POTWs continue to near Juneau, Alaska would be affected require TTO monitoring because the concert with concentration-based limitations as an alternative to mass- by this proposal. The use of limitation remains in the regulation. impoundments or ‘‘tailings ponds’’ was EPA may investigate the TTO issue to based limitations, considering exemptions for indirect dischargers an important component of the determine whether a revision to the technology basis of the existing below a cut-off point defined in terms limitation is appropriate. regulations, which were promulgated in h. Organic Chemicals, Plastics and of either flow or pollutant loadings, and 1982. EPA is proposing this exemption Synthetic Fibers. Regulations for the allowing a reduced sampling frequency based on the results of a preliminary OCPSF category were promulgated in (e.g., once a year) for indirect review of the technology basis for the 1987 at 40 CFR part 414. EPA may dischargers under defined existing regulations that appear to show conduct a retrospective study of the circumstances. EPA is aware of a great that, because of the severe topographic industry’s actual compliance strategies interest in some of these suggestions by and climatic conditions that exist at the and incurred costs for complying with the regulated community and local A–J site, the use of a tailings the final regulation in comparison to the governments and may conduct a study impoundment is impractical. If Agency’s projected technology bases to evaluate the potential effects of constructed, an extraordinary amount of and estimated costs of compliance used implementing these suggestions. wet weather runoff would flow into the for developing the regulation. The impoundment which would make it Agency establishes end-of-pipe D. Other Rulemaking Actions impracticable to treat the mill tailings. numerical standards based on the 1. Leather Tanning and Finishing In addition, construction of a massive performance of specific waste tailings impoundment may result in management and wastewater treatment EPA is promulgating minor revisions long-term environmental degradation unit operations. Individual plants may to pretreatment standards for existing and there are safety concerns with a select appropriate wastewater and new sources applicable to certain pond of this size. management practices and treatment facilities in the Leather Tanning and This proposal opens the way for the alternatives to comply with the Finishing point source category (40 CFR detailed evaluation of alternatives for numerical standards. This study would part 425). The facilities involved treatment of the tailings. The discharge identify the selected in-plant and end- discharge process wastewaters to of tailings from the A–J project to of-pipe wastewater treatment unit POTWs. EPA is eliminating the upper marine waters, which otherwise would operations and determine the extent to be prohibited by Subpart J, could which process modifications, source (alkaline) pH limits for facilities in these subcategories. Affected POTWs may still appropriately be evaluated. The reduction, water conservation, and proposal does not in itself authorize or pollution prevention were used to meet elect to set an alternative upper (alkaline) pH limit based on local endorse any method of tailings the numerical standards. The study treatment or disposal. The discharge of circumstances. EPA is promulgating would identify the actual costs incurred tailings to marine waters would require these changes as a ‘‘direct’’ final rule in to comply with the regulation and final revision of Subpart J under the compare them to the Agency’s estimated order to provide prompt proposal. EPA will evaluate all engineering costs of compliance. This implementation, which will allow comments and information received information may assist the Agency in facilities to minimize any potential prior to making a final determination, improving the accuracy of its general hazards to worker safety and health that which the Agency currently expects to approach to estimating the engineering may occur in the absence of this rule. do by the end of 1996. costs of compliance. This regulation is being promulgated 3. Marine Discharges from Vessels of the i. Pulp, Paper and Paperboard. The in response to a petition submitted by proposed rule for the Pulp, Paper and Armed Forces a trade association for the leather Paperboard Category included BPT, BCT tanning industry, the Leather Industries Section 325 of the National Defense and NSPS for conventional pollutants of America. The petition requests the Authorization Act for Fiscal Year 1996 for six of the proposed subcategories (Pub. L. 104–106, February 10, 1996) (Subparts G, H, I, J, K, and L), but did Agency to consider relaxing the upper pH limit for certain indirect dischargers. amended the Clean Water Act by adding not address toxic and nonconventional sec. 312(n), which requires EPA and the pollutant discharges. EPA is aware of The Agency is making a minor amendment to these regulations, Department of Defense (DOD) to: increased activity in the secondary fiber • Determine discharges from vessels and deinking segments of the industry, provided that such an amendment of the armed forces requiring control and may conduct a study focusing on would not adversely affect POTW • Promulgate performance standards toxic and nonconventional pollutant operations or receiving water quality. for marine pollution control discharges from these and other mills in This minor amendment would not affect • Promulgate regulations governing these subcategories. the other rulemakings described in design, construction, installation and j. Generic Effluent Guideline Issues. A today’s notice. EPA is not planning use of marine pollution controls. number of suggestions which could other revisions to the Leather Tanning EPA is currently developing a plan affect numerous existing or planned regulations. with DOD to comply with sec. 312(n). 35052 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The amendment requires the discharge B. Criteria for Selecting Industries for information on other industries in determination within two years of Preliminary Studies developing Effluent Guidelines Plans. enactment, promulgation of The Task Force supported EPA’s use VIII. Economic Impact Assessment; performance standards within two years of total toxic pounds-equivalent Executive Order 12866 of discharge determination, and discharged as one of the principal promulgation of other regulations Today’s notice proposes a plan for the selection criteria. Other criteria that review and revision of existing effluent within one year after promulgation of EPA has used in previous Effluent standards. guidelines and for the selection of Guidelines Plans were supported with priority industries for new regulations. VI. Recommendations of the Effluent varying degrees of emphasis, and This notice is not a ‘‘rule’’ and does not Guidelines Task Force several new factors were recommended. establish any requirements; therefore, The recommendations included using no economic impact assessment has The Effluent Guidelines Task Force number of facilities and flow (including been prepared. EPA will provide was established by EPA to recommend establishing a cutoff below which economic impact analyses or regulatory improvements to the effluent guidelines alternatives to establishing effluent impact analyses, as appropriate, for all program. The Task Force consists of guidelines will be developed); giving of the future effluent guideline members appointed by the Agency from priority to industries not covered by rulemakings developed by the Agency. industry, citizen groups, state and local existing guidelines; giving priority to Under Executive Order 12866 (58 FR government, the academic and scientific industries targeted for regulations by 51735, October 4, 1993), the Agency communities, and EPA’s Office of other EPA programs (e.g. air, solid must determine whether the regulatory waste); giving priority to service Research and Development. The Task action is ‘‘significant’’ and therefore industries; and priority to industries Force was created to offer advice to the subject to Office of Management and which are at or near the beginning of EPA Administrator on the long-term Budget (OMB) review and the their investment cycles. strategy for the effluent guidelines requirements of the Executive Order. program, and particularly to provide C. Design of Preliminary Studies The Order defines ‘‘significant regulatory action’’ as one that is likely recommendations on a process for The Task Force recommended that in to result in a rule that may: expediting the promulgation of effluent cases where an industry and its issues (1) Have an annual effect on the guidelines. It is chartered as a are documented, EPA should proceed economy of $100 million or more or subcommittee of the National Advisory directly to rulemaking rather than adversely affect in a material way the Council for Environmental Policy and conducting an intermediate preliminary economy, a sector of the economy, Technology (NACEPT), the external study. This should only be done where productivity, competition, jobs, the policy advisory board to the there is a preponderance of already environment, public health or safety, or Administrator, pursuant to the Federal assimilated information indicating full State, local, or tribal governments or rulemaking is appropriate, or in cases Advisory Committee Act (FACA). communities; where stakeholders have clearly The Task Force has developed (2) Create a serious inconsistency or indicated that effluent guidelines are recommendations on three topics otherwise interfere with an action taken needed. Where there is uncertainty pertinent to EPA’s effluent guidelines or planned by another agency; about the extent of industrial discharges planning process: data sources, criteria (3) Materially alter the budgetary and comparability to other categories, a for selecting industries for preliminary impact of entitlements, grants, user fees, study should be conducted. studies, and the design of studies. or loan programs or the rights and VII. Request for Comments obligations of recipients thereof; or A. Data Sources (4) Raise novel legal or policy issues EPA invites public comment on its arising out of legal mandates, the The Task Force generally agreed with plans for development of effluent President’s priorities, or the principles EPA on the sources of data that are guidelines and preliminary studies. set forth in the Executive Order. appropriate for comparing categories. It Comments will be accepted until It has been determined that this plan encouraged EPA to consider information August 2, 1996. In particular, the is not a ‘‘significant regulatory action’’ supplied by POTWs, AMSA, States, and Agency is interested in data that would under the terms of Executive Order facilitate category-wide comparisons of trade associations. Reviews of technical 12866 and is therefore not subject to industries with regard to discharge literature and the Toxic Release OMB review. Inventory (for basic identification of characteristics, treatment practices and industry sources and locations) were effects on water quality. In addition to Dated: June 27, 1996. also recommended. the industries discussed or listed in Carol M. Browner, today’s notice, EPA will consider Administrator.

APPENDIX AÐPROMULGATED EFFLUENT GUIDELINES [``Promulgation'' refers to the date of promulgation of BAT controls unless otherwise noted. Minor amendments or corrections are not shown.]

Revised Rule (P: Pro- posal F: Final Action) Category 40 CFR Part Promulgation or Study Completion (S)

Aluminum Forming ...... 467 10/83 Asbestos Manufacturing ...... 427 2/74 Battery Manufacturing ...... 461 3/84 Builder's Paper and Board Mills 1 ...... 431 12/86 (BCT) Carbon Black Manufacturing ...... 458 1/78 Cement Manufacturing ...... 411 8/79 (BCT) Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35053

APPENDIX AÐPROMULGATED EFFLUENT GUIDELINESÐContinued [``Promulgation'' refers to the date of promulgation of BAT controls unless otherwise noted. Minor amendments or corrections are not shown.]

Revised Rule (P: Pro- posal F: Final Action) Category 40 CFR Part Promulgation or Study Completion (S)

Coal Mining ...... 434 10/82 Coil Coating ...... 465 12/82 Canmaking Subcategory ...... 11/83 Copper Forming ...... 468 8/83 Dairy Products Processing ...... 405 6/86 (BCT) Electroplating ...... 413 1/81 (PSES) Electrical and Electronic Components ...... 469 4/83 Explosives Manufacturing ...... 457 3/76 Feedlots ...... 412 2/74 Ferroalloy Manufacturing ...... 424 7/86 (BCT) Fertilizer Manufacturing ...... 418 8/79 (BCT) Fruits and Vegetables Processing ...... 407 7/86 (BCT) Glass Manufacturing ...... 426 7/86 (BCT) Grain Mills ...... 406 7/86 (BCT) Gum and Wood Chemicals ...... 454 5/76 (BPT) Hospitals ...... 460 5/76 (BPT) S 1989 Ink Formulating ...... 447 7/75 Inorganic Chemicals ...... 415 6/82 S 1994 Iron and Steel Manufacturing ...... 420 5/82 S 1995 Leather Tanning and Finishing ...... 425 11/82 Meat Products ...... 432 7/76 (BCT) Metal Finishing ...... 433 7/83 S 1994 Metal Molding and Casting (Foundries) ...... 464 10/85 Mineral Mining and Processing ...... 436 7/77 (BPT) Nonferrous Metals Forming ...... 471 8/85 Nonferrous Metals Manufacturing ...... 421 6/84 Oil and Gas Extraction ...... 435 Offshore Subcategory ...... 3/4/93 Coastal Subcategory ...... 11/79 (BPT) P 2/17/95; F 10/96 Other Subcategories ...... 11/79 (BPT) Ore Mining and Dressing ...... 440 12/82 Gold Placer Mining Subcategory ...... 5/88 Organic Chemicals, Plastics and Synthetic Fibers ...... 414 11/87 Paint Formulating ...... 446 7/75 S 1989 Paving and Roofing Materials ...... 443 7/75 Pesticide Chemicals ...... 455 Manufacturing ...... 9/28/93 Formulating, Packaging, Repackaging ...... 4/78 (BPT) P 4/14/94; F 9/96 Petroleum Refining ...... 419 10/82 S 1993 Pharmaceutical Manufacturing ...... 439 10/83 P 5/2/95; F 11/97 2 Phosphate Manufacturing ...... 422 6/76 Photographic Processing ...... 459 7/76 (BPT) S 1996 Plastics Molding and Forming ...... 463 12/84 Porcelain Enameling ...... 466 11/82 Pulp, Paper and Paperboard ...... 430 12/86 (BCT) P 12/17/93; F 1 Rubber Manufacturing ...... 428 2/74 Seafood Processing ...... 408 7/86 (BCT) Soap and Detergent Manufacturing ...... 417 4/74 Steam Electric Power Generating ...... 423 11/82 S 1995 Sugar Processing ...... 409 7/86 (BCT) Textile Mills ...... 410 9/82 S 1994 Timber Products Processing ...... 429 1/81 Notes: 1 EPA proposed merging part 431 with part 430 in the proposed Pulp, Paper and Paperboard rule on 12/17/93. The Pulp, Paper and Paper- board rulemaking is not covered by the January 31, 1992 consent decree. 2 EPA is discussing extensions to Consent Decree dates with NRDC.

APPENDIX BÐCURRENT AND FUTURE RULEMAKING PROJECTS

Category Proposed Final

Pulp, Paper and Paperboard ...... 12/17/93 (1) (58 FR 66078) Pesticide Formulating, Packaging and Repackaging ...... 4/14/94 9/96 (59 FR 17850) Centralized Waste Treatment ...... 1/27/95 2 9/96 (60 FR 5464) 35054 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

APPENDIX BÐCURRENT AND FUTURE RULEMAKING PROJECTSÐContinued

Category Proposed Final

Coastal Oil and Gas Extraction ...... 2/17/95 10/96 (60 FR 9428) Pharmaceutical Manufacturing ...... 5/2/95 2 8/96 (60 FR 21592) Metal Products and Machinery, Phase 1 ...... 5/30/95 2,3 9/96 (60 FR 28209) Industrial Laundries ...... 2 12/96 2 12/98 Transportation Equipment Cleaning ...... 2 12/96 2 12/98 Landfills and Incinerators ...... 2 5/97 2 5/99 Metal Products and Machinery, Phase 2 ...... 2 12/97 2,3 12/99 Iron and Steel Manufacturing ...... 2 12/98 2 12/00 1 category ...... 2 12/98 2 12/00 2 categories ...... 2 12/99 2 12/01 2 categories ...... 2 12/00 2 12/02 2 categories ...... 2 8/01 2 12/03 Notes: 1 The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree. 2 EPA is discussing extensions to Consent Decree dates with NRDC. 3 EPA is considering merging Phases 1 and 2 of the Metal Products and Machinery rule. See discussion above.

APPENDIX CÐPRELIMINARY STUDIES

Category Complete

Petroleum Refining ...... 1993 Metal Finishing ...... 1993 Textile Mills ...... 1994 Inorganic Chemicals ...... 1994 Steam Electric Power Generating ...... 1995 Iron and Steel Manufacturing ...... 1995 Photographic Processing ...... 1996 Chemical Formulators and Packagers ...... 1996 Three studies ...... 1997 (see discussion in Section IV.C.3)

[FR Doc. 96–17030 Filed 7–2–96; 8:45 am] BILLING CODE 6560±50±P federal register July 3,1996 Wednesday Analysis; ProposedRuleandNotice Hydraulic SystemCertificationTestsand and ProposedAdvisoryCircularfor for TransportationCategoryAirplanes, With EuropeanAirworthinessStandards Airworthiness StandardsToHarmonize Revision ofHydraulicSystems 14 CFRPart25 Federal AviationAdministration Transportation Department of Part VII 35055 35056 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration (FAA), Mahinder K. Wahi, Flight Test and Office of Rulemaking, ARM–1, 800 Federal Aviation Administration Systems Branch, ANM–111, Transport Independence Avenue, S.W., Airplane Directorate, Aircraft Washington, D.C. 20591 or by calling 14 CFR Part 25 Certification Service, FAA, 1601 Lind (202) 267–9680. Communications must [Docket No. 28617; Notice 96±6] Avenue SW., Renton, WA 98055–4056; identify the notice number or docket telephone (206) 227–2142; facsimile number of this notice. RIN 2120±AF79 (206) 227–1320. Persons interested in being placed on a mailing list for future rulemaking Revision of Hydraulic Systems SUPPLEMENTARY INFORMATION: documents should also request a copy of Airworthiness Standards To Comment Invited Advisory Circular No. 11–2A, Notice of Harmonize With European Proposed Rulemaking Distribution Airworthiness Standards for Transport Interested persons are invited to System, which describes the application Category Airplanes participate in this proposed rulemaking by submitting such written data, views, procedure. AGENCY: Federal Aviation or arguments as they may desire. Background Administration (FAA), DOT. Comments relating to any The airworthiness standards for ACTION: Notice of proposed rulemaking. environmental, energy, or economic impact that might result from adopting transport category airplanes are SUMMARY: This document proposes to the proposals contained in this notice contained in 14 CFR part 25. amend the airworthiness standards for are invited. Substantive comments Manufacturers of transport category transport category airplanes to should be accompanied by cost airplanes must show that each airplane harmonize hydraulic systems design estimates. Commenters should identify they produce of a different type design and test requirements with standards the regulatory docket or notice number complies with the relevant standards of proposed for the European Joint and submit comments in triplicate to part 25. These standards apply to Aviation Requirements (JAR). These the Rules Docket address above. All airplanes manufactured within the U.S. proposals were developed in comments received on or before the for use by U.S. registered operators and cooperation with the Joint Aviation closing date for comments will be to airplanes manufactured in other Authorities (JAA) of Europe and the considered by the Administrator before countries and imported under a bilateral U.S. and European aviation industry taking action on this proposed airworthiness agreement. In Europe, the Joint Aviation through the Aviation Rulemaking rulemaking. The proposals contained in Requirements (JAR) were developed by Advisory Committee (ARAC). These this notice may be changed in light of the Joint Aviation Authorities (JAA) to changes are intended to benefit the comments received. All comments provide a common set of airworthiness public interest by standardizing certain received will be available in the Rules standards for use within the European requirements, concepts, and procedures Docket, both before and after the aviation community. The airworthiness contained in the airworthiness comment period closing date, for standards for European type standards without reducing, but examination by interested persons. A certification of transport category potentially enhancing, the current level report summarizing each substantive airplanes, JAR–25, are based on part 25 of safety. public contact with FAA personnel concerning this rulemaking will be filed of Title 14. Airplanes certificated to the DATES: Comments must be received on JAR–25 standards, including airplanes or before October 1, 1996. in the docket. Persons wishing the FAA to acknowledge receipt of their manufactured in the U.S. for export to ADDRESSES: Comments on this notice comments must submit with those Europe, receive type certificates that are may be mailed in triplicate to: Federal comments a self-addressed, stamped accepted by the aircraft certification Aviation Administration, Office of the postcard on which is stated: ‘‘Comments authorities of 23 European countries. Chief Counsel, Attention: Rules Docket to Docket No. 28617.’’ The postcard will Although part 25 and JAR–25 are very (AGC–200), Docket No. 28617, 800 be date stamped and returned to the similar, they are not identical. Independence Avenue SW., commenter. Differences between the FAR and the Washington, DC 20591; or delivered in JAR can result in substantial additional triplicate to: Room 915G, 800 Availability of the NPRM costs when airplanes are type Independence Avenue SW., An electronic copy of this document certificated to both standards. These Washington, DC 20591. may be downloaded using a modem and additional costs, however, frequently do Comments delivered must be marked suitable communications software from not bring about an increase in safety. Docket No. 28617. Comments may also the FAA regulations section of the For example, part 25 and JAR–25 may be sent electronically to the following Fedworld electronic bulletin board use different means to accomplish the internet address: service (telephone: 703–321–3339), the same safety intent. In this case, the [email protected]. Comments Federal Register’s electronic bulletin manufacturer is usually burdened with may be examined in Room 915G board service (telephone 202–512– meeting both requirements, although the weekdays, except Federal holidays, 1661), or the FAA’s Aviation level of safety is not increased between 8:30 a.m. and 5:00 p.m. In Rulemaking Advisory Committee correspondingly. Recognizing that a addition, the FAA is in maintaining an Bulletin Board service (telephone: 202– common set of standards would not information docket of comments in the 267–5948). only economically benefit the aviation Transport Airplane Directorate (ANM– Internet users may reach the FAA’s industry, but would also maintain the 100), Federal Aviation Administration, web page at http://www.faa.gov or the necessary high level of safety, the FAA Northwest Mountain Region, 1601 Lind Federal Register’s web page at http:// and JAA consider harmonization to be Avenue SW., Renton, WA 98055–4056. www.access.gpo/su–docs for access to a high priority. Comments in the information docket recently published rulemaking In 1988, the FAA, in cooperation with may be examined weekdays, except documents. the JAA and other organizations Federal holidays, between 7:30 a.m. and Any person may obtain a copy of this representing the American and 4:00 p.m. notice of submitting a request to the European aerospace industries, began a Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 35057 process to harmonize the airworthiness an advisory committee and the consequences of failures (e.g. requirements of the United States and recommendation. pressure vessel failure). The proposed the airworthiness requirements of The activities of the ARAC will not, load factors, ranging between 1.5 and Europe, especially in the areas of Flight however, circumvent the public 4.0, relate to the design operating Test and Structures. rulemaking procedures. After an ARAC pressure (DOP) and would apply to In 1992, the FAA harmonization effort recommendation is received and found tubes, fittings, pressure vessels was undertaken by the ARAC. A acceptable by the FAA, the agency containing gas at high pressure (e.g., working group of industry and proceeds with the normal public accumulators) and at low pressure (e.g. government hydraulic systems rulemaking procedures. Any ARAC hydraulic reservoirs), hoses, and all specialists of Europe and the United participation in a rulemaking package other elements. States was chartered by notice in the will be fully disclosed in the public By adopting these JAR minimum Federal Register (57 FR 58843, docket. factors of safety standards which currently are not specifically stated in December 12, 1992). The working group Discussion of the Proposals was tasked to develop a draft notice of the FAR, the FAA intends to maintain proposed rulemaking (NPRM) and any The FAA proposes to amend an existing level of safety because § 25.1435 to harmonize this section with collateral documents, such as advisory normal U.S. Industry practices meet or JAR–25. The JAA intend to publish a circulars, concerning new or revised exceed these standards. Notice of Proposed Amendment (NPA), requirements for hydraulic systems, and DOP is the normal maximum steady also developed by the Hydraulic the associated test conditions for pressure. Excluded are reasonable Systems Harmonization Working Group, hydraulic systems, installed in transport tolerances and transient pressure effects to revise JAR–25 as necessary to ensure category airplanes (§ 25.1435). The JAA such as may arise from acceptable pump harmonization in those areas for which is to develop a similar proposal to ripple or reaction to system functioning the proposed amendments differ from amend JAR–25, as necessary, to achieve or flow demands that may affect fatigue. the current JAR–25, Change 14. When it harmonization. In localized areas of systems and system is published, the NPA will be placed in elements the DOP may be different from The rulemaking proposal contained in the docket for this rulemaking. the DOP for the system as a whole due this notice is based on a Generally, the FAA proposes to: (1) to the range or normally anticipated recommendation developed by the Add appropriate existing-JAR airplane operational, dynamic and Hydraulic Systems Harmonization requirements to achieve harmonization; environmental conditions. Such Working Group, and was presented to (2) Move some of the existing regulatory differences would be required to be the FAA by the ARAC as a text to an advisory circular; (3) taken into account. The term ‘‘design recommendation. Consolidate and/or separate operating pressure’’ would be discussed The Aviation Rulemaking Advisory requirement subparagraphs for clarity; in AC 25.1435–1. Committee and (4) Revise airplane static proof Proposal 2. The FAA proposes to pressure test requirements to require a redesignate the current § 25.1435(a)(1) The ARAC was formally established complete functional (dynamic) airplane as § 25.1435(a)(2), delete the word by the FAA on January 22, 1991 (56 FR test at a lower pressure. A new proposed ‘‘loads’’ from ‘‘pressure loads’’ (‘‘loads’’ 2190) to provide advice and Advisory Circular (AC) 25.1435–1 has is redundant) and edit some text to recommendations concerning the full been developed by the ARAC to ensure avoid repetition. The term ‘‘limit range of the FAA’s safety-related consistent application of these proposed structural load’’, and a recommended rulemaking activity. This advice was revised standards. Public comments minimum time to hold pressure would sought to develop better rules in less concerning the AC 25.1435–1 are be discussed in AC 25.1435–1. overall time using fewer FAA resources invited by separate notice published Proposal 3. The FAA proposes to than are currently needed. The elsewhere in this issue of the Federal redesignate the current § 25.1435(a)(2) committee provides the opportunity for Register. The JAA intend to publish an as a new § 25.1435(a)(3), delete the word the FAA to obtain firsthand information Advisory Material Joint (AMJ), also ‘‘loads’’ from ‘‘pressure loads’’ (‘‘loads’’ and insight from interested parties developed by the Harmonization is redundant) and edit some text to regarding proposed new rules or Working Group, to accompany their avoid repetition. The term ‘‘ultimate revisions of existing rules. NPA. The proposed AC and the structural load’’ and a minimum time to There are 64 member organizations on proposed AMJ contain harmonized hold pressure would be discussed in AC the committee, representing a wide advisory information. The following is a 25.1435–1. range of interests within the aviation discussion of the specific proposals Proposal 4. The FAA proposes to add community. Meetings of the committee prescribed in this NPRM. a new § 25.1435(a)(4) that would are open to the public, except as Proposal 1. The FAA proposes to contain the current requirements of authorized by section 10(d) of the replace current § 25.1435(a)(1) to add § 25.1435(b)(2)(i) and (b)(2)(ii) regarding Federal Advisory Committee Act. the existing requirements of JAR induced loads, pressure transients, and The ARAC establishes working groups 25.1435(a)(10) and associated Appendix fatigue as well as the current JAR to develop proposals to recommend to K requirements regarding design load 25.1435(a)(11) requirements regarding the FAA for resolving specific issues. factors for proof and ultimate pressure fatigue design considerations Tasks assigned to working groups are conditions for elements of the hydraulic accounting for fluctuating or repeated published in the Federal Register. system (see proposal 2 below regarding external or internal loads and pressure Although working group meetings are current § 25.1435(a)(1)). The proof and transients. These loads could be not generally open to the public, all ultimate pressure conditions would be structurally or environmentally interested parties are invited to defined as the design operating pressure induced. By delineating these participate as working group members. times the factors of safety. This would requirements, the FAA intends to Working groups report directly to the be done to address unusually high ensure that each element is designed to ARAC, and the ARAC must accept a pressures which may be seen in service, provide fatigue resistance capability working group proposal before that material defects and differences, consistent with anticipated element proposal can be presented to the FAA as manufacturing/construction tolerances usage, thus maintaining the current 35058 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules level of safety. The terms ‘‘fatigue’’, and requirement, but it was characterized as existing JAR 25.1435(c) requirements ‘‘externally induced loads’’ would be both containing arbitrary pressure regarding use of flammable hydraulic discussed in AC 25.1435–1. transient limits and unnecessary fluid and fire protection. A discussion Proposal 5. The FAA proposes to add because the intent is covered under of the term ‘‘flammable hydraulic fluid’’ a new § 25.1435(a)(5) that would § 25.1309. The requirement was would be included in AC 25.1435–1. contain the current requirements of therefore deleted from § 25.1435. The Proposal 10. The FAA proposes to § 25.1435(b)(2)(i) through (b)(2)(v), proposed version deletes the arbitrary add a new § 25.1435(b)(5), containing except those addressed under proposal limits but would require that the intent the current JAR 25.1435(d) requirements 4 above, as well as parts of the current be specifically addressed by that the airplane manufacturer must JAR 25.1435 (a)(5) and (a)(6) § 25.1435(b)(2) to ensure consideration specify the approved hydraulic fluid(s) requirements addressing excessive of the pressure and volume related suitable to be used in the system(s) and vibration, abrasion, corrosion, transients that are unique to the ensure that the system(s) meet the mechanical damage, and the ability to hydraulic systems. There would be no applicable placarding requirements of withstand inertia loads. These impact on level of safety since an the current § 25.1541. Although it is a requirements would be consolidated existing industry practice is being standard U.S. industry practice to and simplified by stating that each adopted. An acceptable means of identify the compatible hydraulic fluid element must be designed to perform as compliance with § 25.1435(b)(2) would on each component’s name plate, the intended under all environmental be included in AC 25.1435–1. practice may not be universal. In order conditions for which the airplane is Proposal 8. The FAA proposes to add to minimize the potential use of certificated. An acceptable means of a new § 25.1435(b)(3) which would incompatible fluids, seals, etc. in any compliance would be included in AC contain a modified version of the system, it is necessary to include this 25.1435–1. existing JAR 25.1435(a)(5) requirements requirement. A discussion of mixability Proposal 6. The FAA proposes to add regarding the means to minimize of hydraulic fluids would be included a modified version of the existing JAR harmful or hazardous concentrations of in AC 25.1435–1. 25.1435(a)(2) as § 25.1435(a)(1), the hydraulic fluid or vapors, if Proposal 11. Current § 25.1435(b)(2) requiring means to indicate appropriate liberated in any form, into the crew and requirements for hydraulic system system parameters at a flight passenger compartments during flight. compliance by test and analysis would crewmember station if (1) the system Prior to Amendment 25–72, § 25.1435 be separated into §§ 25.1435 (c), (c)(1) performs a function necessary for contained an identical requirement. It and (c)(2); the list of environmental continued safe flight and landing, or (2) was considered at the time that factors [current § 25.1435 (b)(2)(ii) in the event of hydraulic system § 25.831(b) covers this requirement through (b)(2)(v)] would be moved to malfunction, corrective action by the under a general statement that the AC 25.1435–1; and, text in the crew is required to ensure continued ventilation air must be free of hazardous aforementioned sections would be safe flight and landing. The existing JAR or harmful gases or vapors. However, clarified. In addition, analysis would be 25.1435(a)(2) requires fluid quantity and § 25.831(b) specifies allowable limits for permitted in place of or to supplement pressure indication under specified carbon monoxide and carbon dioxide, testing, where shown to be reliable and circumstances; prior to Amendment 25– but no other products. It could be appropriate. A discussion on endurance 72, § 25.2435 contained an identical construed that those two gases are the and fatigue testing, and simulated requirement. It was considered at the only hazardous products. Section failures would be included in AC time that this requirement is covered by 25.1435 would therefore be revised to 25.1435–1. § 25.1309(c), which requires that state the specific requirement with Proposal 12. Current § 25.1435(b)(1) warning information must be provided respect to the hydraulic fluid or vapors. requirements for static testing of a to alert the crew to unsafe system The JAR requirement currently states, complete hydraulic system to 1.5 times operating conditions, and to enable in relevant part, that ‘‘there must be a the design operating pressure (without them to take appropriate corrective means to prevent harmful or hazardous deformation of any part of the system action, and the § 25.1435 requirement concentration of fluid. * * *’’ In that would prevent performance of was therefore deleted. It is, however, recognition of the fact that absolute intended function) would be replaced now recognized that there is value in prevention of such concentrations is not with a new § 25.1435(c)(3) requirement defining indication requirements for an achievable objective, the FAA that ‘‘the complete hydraulic system hydraulic systems and implications of proposes that the hydraulic system must must be functionally tested on the their loss. The existing level of safety have ‘‘means to minimize the release of airplane over the range of motion of all would not be impacted since the FAA harmful or hazardous concentrations associated user systems.’’ Also, the is proposing the adopt an existing ** *’’ To show compliance with this section would require that ‘‘the test industry practice. The term requirement, an applicant would have must be conducted at the system relief ‘‘appropriate system parameters’’ would to show, both that the likelihood of pressure or 1.25 times the DOP if a be discussed in AC 25.1435–1. (Note: releases has been minimized, and that, system pressure relief device is not part see proposal 12 below with respect to if there is such a release, the of the system design.’’ This proposal status of current § 25.1435(b)(1) concentrations from the release would reflected the recently granted petition requirements). also be minimized. The level of safety for exemption to the Boeing Company, Proposal 7. The FAA proposes to would remain unaffected because it’s an Regulatory Docket No. 27384. The replace the current § 25.1435(b)(2) by existing industry practice to address this petition, any comments received, and a adding a modified version of the current issue. An acceptable means of copy of the final disposition are filed in JAR 25.1435 (a)(4) and (a)(7) to require compliance with § 25.1435(b)(3) and a the assigned regulatory docket and are that each system have means to ensure discussion of the terms ‘‘harmful’’ and available for examination in the Rules that system pressures remain within the ‘‘hazardous’’ would be included in AC Docket (AGC 200), room 915G, FAA design capabilities of each element. 25.1435–1. Headquarters Building (FOB 10A), 800 Prior to Amendment 25–72, § 25.1435 Proposal 9. The FAA proposes to Independence Avenue SW., contained a requirement that was redesignate the existing § 25.1435(c) as Washington, DC 20591; telephone (202) identical to the current JAR § 25.1435(b)(4); this is identical to the 267–3132. A discussion on relief Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 35059 pressure settings and an acceptable proposed changes would increase standards would ensure that current means of compliance with harmonization and commonality safety levels are retained. § 25.1435(c)(3) would be included in AC between American and European Proposal 11. There would be no 25.1435–1. airworthiness standards. Harmonization additional costs associated with these The FAA considers that the proposed would eliminate unnecessary revisions. The use of analysis in lieu of functional (i.e., dynamic) test more duplication of airworthiness or supplemental to testing may reduce closely approximates actual operating requirements, thus reducing certification costs in some cases. conditions than the existing static test. manufacturers’ certification costs. One Proposal 12. Most manufacturers of This is because for the static test, several manufacturer of part 25 large airplanes part 25 airplanes would not experience parts of the system and associated relief estimated such cost-savings could range additional costs associated with valves (including return lines) may need between $60,000 and 600,000 per type dynamic testing of hydraulic systems. In to be disabled to allow system certification (pertaining to hydraulic fact, testing time and associated costs pressurization at 1.5 times the design systems only); a manufacturer of part 25 could be reduced to some small extent operating pressure because the relief small airplanes estimated such savings since, unlike static testing, the proposed valves are designed to open at a at $30,000 to $90,000 per type dynamic testing would not entail pressure lower than 1.5 times the design certification; Potential safety benefits disabling any system(s) or otherwise operating pressure. Although the resulting from specification of minimum reconfiguring the airplane. One proposed test pressure would be lower accepted standards would supplement manufacturer of part 25 large airplanes than 1.5 times the design operating these cost-savings. estimated potential savings between pressure, all elements would still be Proposal 1. These changes codify $100,000 and $200,000 per type required to be able to withstand at least existing industry standards. As such, certification in this regard (another 1.5 times the design operating pressure they would not result in additional costs estimated such savings at only $25,000). per current § 25.1435(a)(2) (proposed for most manufacturers, However, one However, a manufacturer of part 25 § 25.1435(a)(3)), at least retaining and manufacturer of small transport category small transport category airplanes potentially enhancing the current level airplanes estimated increased testing estimates $25,000 in additional testing, of safety by identification of additional costs of approximately $25,000 per type analysis, and report preparation costs dynamic interference problems. certification Codification of the per type certification attributable to this proposal. The proposed requirements Regulatory Evaluation Summary proposed standards would ensure that current safety levels are retained. would at least retain, and potentially Regulatory Evaluation, Regulatory Proposals 2, 3, and 9. There would be enhance, the current level of safety by Flexibility Determination, and Trade no additional costs associated with identification of additional dynamic Impact Assessment these minor changes. interference problems. Changes to federal regulations must Proposal 4. Although some of the Summary of Costs and Benefits undergo several economic analyses. changes described are new requirements Manufacturers of part 25 small First, Executive Order 12866 directs in the FAR, most American airplanes could experience additional Federal agencies to promulgate new manufacturers of large transport costs totalling approximately $50,000 regulations or modify existing category airplanes are already in per type certification resulting from regulations only if the potential benefits compliance with the similar current proposals 1 (design load factors) and 12 to society outweigh the potential costs. European standards, which had to be (dynamic testing). The estimated Second, the Regulatory Flexibility Act met in order to market airplanes in JAA $30,000–$90,000 harmonization cost of 1980 requires agencies to analyze the member countries. The modified testing savings, coupled with potential safety economic impact of regulatory changes and analysis regime is already in place. benefits from proposals 4 and 12, would on small entities. Finally, the Office of Initial first-time costs have already been exceed these costs. Management and Budget directs incurred; such costs have diminished in For manufacturers of part 25 large agencies to assess the effect of recent certifications. Consequently, airplanes, the cost differential could regulatory changes on international actual incremental costs would be range from a $25,000–$200,000 trade. In conducting these assessments, negligible. One manufacturer, however, reduction (resulting from proposal 12) the FAA has determined that this indicated that additional testing and to a $100,000–$200,000 increase proposed rule: (1) Would generate analysis costs, ranging between (resulting from proposal 4). The benefits exceeding its costs and is not $100,000 and $200,000 per type proposal 12 cost savings coupled with ‘‘significant’’ as defined in Executive certification, would be incurred for the the estimated $60,000–$600,000 Order 12866; (2) Is not ‘‘significant’’ as first one or two type certifications. harmonization cost savings would defined in DOT’s Policies and Learning curve efficiencies would likely exceed the additional costs of proposal Procedures; (3) would not have a reduce these costs thereafter. 4; potential safety benefits from significant impact on a substantial Manufacturers of small transport proposals 4 and 12 would supplement number of small entities; and (4) would category airplanes, on the other hand, the cost-savings. lessen restraints on international trade. expect no or negligible additional costs The FAA finds the proposed rule, These analyses, available in the docket, attributable to the new fatigue-related therefore, to be cost-beneficial for both are summarized below. proposals. Codification of the proposed part 25 small and large transport Although several revisions would be standards would ensure that minimum manufacturers. made to § 25.1435, only three of them acceptable fatigue requirements are would impose additional costs (see specified with potential for safety Regulatory Flexibility Determination below—proposals 1, 4, and 12, with the enhancement. The Regulatory Flexibility Act of 1980 latter having potential cost savings for Proposals 5, 6, 7, 8, and 10. These (RFA) was enacted by Congress to some manufacturers). Most of the changes codify existing industry ensure that small entities are not changes codify current industry practice standards and would not result in unnecessarily or disproportionately or conform § 25.1435 to corresponding additional certification/production burdened by government regulations. sections of the JAR. Adoption of the costs. Codification of the proposed The RFA requires a Regulatory 35060 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules

Flexibility Analysis if a rule would have Paperwork Reduction Act Element Proof Ultimate a significant economic impact, either In accordance with the Paperwork (xDOP) (xDOP) detrimental or beneficial, on a Reduction Act of 1980 (Pub. L. 96–511), substantial number of small entities. 1. Tubes & fittings ...... 1.5 3.0 there are no requirements for 2. Pressure vessels FAA Order 2100.14A, Regulatory information collection associated with Flexibility Criteria and Guidance, containing gas: this proposed rule. High pressure (e.g., prescribes standards for complying with accumulators) ...... 3.0 4.0 RFA review requirements in FAA Conclusion Low pressure (e.g., rulemaking actions. The order defines Because the proposed changes to reservoirs) ...... 1.5 3.0 ‘‘small entities’’ in terms of size standardize specific hydraulic systems 3. Hoses ...... 2.0 4.0 thresholds, ‘‘significant economic test requirements of part 25 are not 4. All other elements ..... 1.5 2.0 impact’’ in terms of annualized cost expected to result in substantial threshold, and ‘‘substantial number’’ as economic cost, the FAA has determined (2) Withstand, without deformation a number which is not less than eleven that this proposed regulation would not that would prevent it from performing and which is more than one-third of the be significant under Executive Order its intended function, the design small entities subject to the proposed or 12866. Because this is an issue which operating pressure in combination with final rule. has not prompted a great deal of public limit structural loads that may be The proposed rule would affect concern, the FAA has determined that imposed; manufacturers of transport category this action is not significant under DOT (3) Withstand, without rupture, the airplanes produced under future new Regulatory Policies and Procedures (44 design operating pressure multiplied by airplane type certifications. For FR 11034, February 25, 1979). In a factor of 1.5 in combination with manufacturers, Order 2100.14A addition since there are no small ultimate structural load that can specifies a size threshold for entities affected by this proposed reasonably occur simultaneously; classification as a small entity as 75 or rulemaking, the FAA certifies, under the (4) Withstand the fatigue effects of all fewer employees. Since no transport criteria of the Regulatory Flexibility Act, cyclic pressures, including transients, category airplane manufacturer has 75 that this rule, if adopted, will not have and associated externally induced loads, or fewer employees, the proposed rule a significant economic impact, positive taking into account the consequences of would not have a significant economic or negative, on a substantial number of element failure; and (5) Perform as intended under all impact on a substantial number of small small entities. An initial regulatory environmental conditions for which the manufacturers. evaluation of the proposal, including a airplane is certificated. Regulatory Flexibility Determination International Trade Impact Assessment (b) System design. Each hydraulic and Trade Impact Analysis, has been The proposed rule would not system must: placed in the docket. A copy may be constitute a barrier to international (1) Have means located at a flightcrew obtained by contacting the person trade, including the export of American station to indicate appropriate system identified under FOR FURTHER airplanes to foreign countries, and the parameters. INFORMATION CONTACT. import of foreign airplanes into the (i) It performs a function necessary for United States. Instead, the proposed List of Subjects in 14 CFR Part 25 continued safe flight and landing; or (ii) In the event of hydraulic system changes to the FAR would harmonize Aircraft, Aviation safety, Reporting malfunction, corrective action by the with corresponding existing or proposed and recordkeeping requirements. standards in the JAR, thereby lessening crew to ensure continued safe flight and restraints on trade. The Proposed Amendments landing is necessary; (2) Have means to ensure that system Federalism Implications Accordingly, the Federal Aviation Administration proposes to amend 14 pressures, including transient pressures The amended regulations proposed in CFR part 25 as follows: and pressures from fluid volumetric this rulemaking would not have changes in elements that are likely to substantial direct effects on the States, PART 25ÐAIRWORTHINESS remain closed long enough for such on the relationship between the national STANDARDSÐTRANSPORT changes to occur, are within the design government and the States, or on the CATEGORY AIRPLANES capabilities of each element, such that distribution of power and they meet the requirements defined in responsibilities among the various 1. The authority citation for part 25 § 25.1435(a)(1) through (a)(5); levels of government. Therefore, in continues to read as follows: (3) Have means to minimize the accordance with Executive Order 12612, Authority: 49 U.S.C. 106(g), 40113, 44701, release of harmful of hazardous it is determined that this proposal 44702, 44704. concentrations of hydraulic fluid or would not have sufficient federalism 2. Section 25.1435 is revised to read vapors into the crew and passenger implications to warrant preparing a as follows: compartments during flight; Federalism Assessment. (4) Meet the applicable requirements § 25.1435 Hydraulic systems. of §§ 25.863, 25.1183, 25.1185, and International Compatibility (a) Element design. Each element of 25.1189 if a flammable hydraulic fluid In keeping with U.S. obligations the hydraulic system must be designed is used; and under the Convention on International to: (5) Be designed to use any suitable Civil Aviation, it is FAA policy to (1) Withstand the proof pressure hydraulic fluid specified by the airplane comply with International Civil without leakage or permanent manufacturer, which must be identified Aviation Organization (ICAO) standards deformation that prevents it from by appropriate markings as required by and recommended practices to the performing its intended function, and § 25.1541. maximum extent practicable. The FAA the ultimate pressure without rupture. (c) Tests. To demonstrate compliance has determined that this rule does not The proof and ultimate pressures are with § 25.1435 and support compliance conflict with any international defined in terms of the design operating with § 25.1309, tests must be conducted agreement of the United States. pressure (DOP) as follows: on the hydraulic system(s), and/or Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Proposed Rules 35061 subsystem(s) and elements, except that performance, fatigue, and endurance the system relief pressure 1.25 times the analysis may be used in place of or to tests representative of airplane ground DOP if a system pressure relief device supplement testing, where the analysis flight operations. is not part of the system design. is shown to be reliable and appropriate. (2) The complete system must be Clearances between hydraulic system All internal and external influences tested to determine proper functional elements and other systems or structural must be taken into account to an extent performance and relation to the other elements must remain adequate and necessary to evaluate their effects, and systems, including simulation of there must be no detrimental effects. to assure reliable system and element relevant failure conditions, and to Issued in Washington, DC, on June 26, functioning and integration. Failure or support or validate element design. 1996. unacceptable deficiency of an element (3) The complete hydraulic system(s) Ava L. Robinson, or system must be corrected and be must be functionally tested on the sufficiently retested, where necessary. airplane in normal operation over the Acting Director, Aircraft Certification Service. (1) The system(s), subsystem(s), or range of motion of all associated user [FR Doc. 96–17034 Filed 7–2–96; 8:45 am] element(s) must be subjected to systems. The test must be conducted at BILLING CODE 4910±13±M 35062 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The advisory material made available Comments Invited via this notice was developed by the Federal Aviation Administration Hydraulic Systems Harmonization A copy of the subject AC may be Working Group to ensure that the Proposed Advisory Circular 25.1435±1, obtained by contacting the person harmonized standards would be Hydraulic System Certification Tests named above under FOR FURTHER interpreted and applied consistently. It and Analysis INFORMATION CONTACT. Interested was presented to the FAA by the ARAC persons are invited to comment on the as a recommendation. AGENCY: Federal Aviation proposed AC by submitting such written Administration, DOT. data, views, or arguments as they may Part 25 of the Federal Aviation Regulations (FAR) prescribes the United ACTION: Notice of availability of desire. Commenters must identify the States airworthiness standards for proposed advisory circular (AC) title of the AC and submit comments in transport category airplanes. Proposed 25.1435–1 and request for comments. triplicate to the address specified above. All comments received on or before the AC 25.1435–1 provides guidelines that the FAA has found acceptable to SUMMARY: This notice announces the closing date for comments will be demonstrate compliance with those availability of and requests comments considered by the Transport Standards airworthiness standards for hydraulic on proposed Advisory Circular (AC) Staff before issuing the final AC. systems. Revisions to part 25 are being 25.1435–1, Hydraulic System Discussion proposed by the FAA in a notice of Certification Tests and Analysis. This proposed rulemaking published AC provides guidance on acceptable In 1988, the FAA, in cooperation with elsewhere in this issue of the Federal means, but not the only means, of the European Joint Aviation Authorities Register. That notice also describes the demonstrating compliance with the (JAA) and other organizations use of the Aviation Rulemaking requirements of § 25.1435 and related representing the American and Advisory Committee to develop both the regulations pertaining to hydraulic European aerospace industries, began a proposed revisions to part 25 and the systems. The proposed AC complements process to harmonize the airworthiness requirements of the United States and proposed AC 25.1435–1. revisions to the airworthiness standards the airworthiness requirements of that are being proposed by a separate Proposed AC 25.1435–1 provides Europe. notice. This notice provides interested additional guidance material and one In 1992, the harmonization effort was means, but not the only means, of persons an opportunity to comment on undertaken by the Aviation Rulemaking the proposed AC. complying with the part 25 revisions Advisory Committee (ARAC). A proposed in Notice No. 96–[insert notice DATES: Comments must be received on working group of industry and number of NPRM entitled, ‘‘Revision of or before October 1, 1996. government hydraulic systems Hydraulic Systems Airworthiness specialists of Europe and the United ADDRESSES: Send all comments on the Standards to Harmonize with European States was chartered by notice in the proposed AC to the Federal Aviation Airworthiness Standards for Transport Federal Register (57 FR 58843, Administration, Attention: Mahinder K. Category Airplanes’’) published in the December 12, 1992). The working group Wahi, Flight Test and Systems Branch, same edition of the Federal Register]. was tasked to develop a draft notice of ANM–111, Transport Airplane Issuance of the AC 25.1435–1 is proposed rulemaking (NPRM) and any Directorate, Aircraft Certification contingent on final adoption of the collateral documents such as advisory Service, FAA, 1601 Lind Avenue SW., proposed revision to part 25. circulars concerning new or revised Renton, WA 98055–4056. Comments Issued in Renton, Washington, on February may be examined at the above address requirements for hydraulic systems and the associated test conditions for 29, 1996. between 7:30 a.m. and 4:00 p.m. hydraulic systems installed in transport James V. Devany, weekdays, except Federal holidays. category airplanes (§ 25.1435). The JAA Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: is to develop a similar proposal to Directorate, Aircraft Certification Service, Jan Thor, Regulations Branch, ANM– amend the Joint Aviation Requirements ANM–100. 114, at the above address, telephone (JAR) as necessary, to achieve [FR Doc. 96–17035 Filed 7–2–96; 8:45 am] (206) 227–2127. harmonization. BILLING CODE 4910±13±M federal register July 3,1996 Wednesday Vessels; FinalRule Navigation SafetyEquipmentforTowing 33 CFRPart164 Coast Guard Transportation Department of Part VIII 35063 35064 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION A detailed review of marine-safety that the two terms will be confused, issues related to uninspected towing because ‘‘gear’’ as used in paragraph (a) Coast Guard vessels appears in the notice of is a general term for the equipment and proposed rulemaking (NPRM) entitled systems to be inspected onboard the 33 CFR Part 164 ‘‘Navigation Safety Equipment for vessel and is further qualified in the [CGD 94±020] Towing Vessels’’ published on subordinate, numbered paragraphs. November 3, 1995 (60 FR 55890). One comment stated that the term RIN 2115±AE91 This final rule constitutes part of a ‘‘rivers and Western Rivers’’ as used in paragraph 2 of the Discussion of Navigation Safety Equipment for comprehensive initiative by the Coast Proposed Rules of the preamble was Towing Vessels Guard to improve navigational safety for towing vessels. While other regulatory confusing. The comment also noted that AGENCY: Coast Guard, DOT. efforts are concentrating on reporting of the proposed rule expanded the ACTION: Final rule. casualties, on licensing, and on training definition of ‘‘Western Rivers’’ to on radar, this rule helps ensure that the include waters not covered for purposes SUMMARY: The Coast Guard here requires mariner piloting a towing vessel has of the Inland Navigation Rules. The that towing vessels carry and properly adequate equipment to safely navigate comment recommended that the use equipment such as radars, the waters being transited. It will definition of ‘‘other designated compasses, marine charts or maps, and impose the following: (1) Requirements waterways’’ be consistent with that in publications and that they carefully for carriage of radars, searchlights, 33 CFR 89.25. The Coast Guard agrees choose, inspect, and maintain towlines. radios, compasses, swing-meters, echo and has removed the term ‘‘river’’ from This final rule is necessary as part of a depth-sounding devices, electronic the definitions in § 164.70. The Coast comprehensive initiative to improve position-fixing devices, marine charts or Guard has also expanded the definition navigational safety for towing vessels. maps, and publications; (2) of ‘‘Western Rivers’’ to include all The purpose of requiring navigational- requirements for proper use of this waters specified by §§ 89.25 and 89.27, safety equipment on towing vessels is to navigational equipment; (3) and has added the words ‘‘and such help prevent another catastrophic train requirements for maintenance, other, similar waters as are designated wreck such as that of the Sunset Limited inspection, and serviceability of by the COTP.’’ in Alabama during September, 1993, towlines, towing gear, and terminal Four comments recommended that and another spill such as that off Puerto gear; and (4) general requirements for the definition of river include the Gulf Rico during January, 1994. navigational safety. Intracoastal Waterway (GIWW). By DATES: This rule is effective on August Thirty-seven letters were received in including all waters specified by 2, 1996. The Director of the Federal response to the NPRM. The Coast Guard §§ 89.25 and 89.27 in the definition of Register approves as of August 2, 1996 has considered all of the comments and, ‘‘Western Rivers’’, the Coast Guard has the incorporation by reference of certain in some instances, revised the proposed included the GIWW. This change publications listed in this rule. rule as appropriate. One comment should eliminate any confusion over the ADDRESSES: Unless otherwise indicated, requested that a public meeting be held. applicability of this rule on the GIWW. One comment commended the Coast documents referred to in this preamble The Coast Guard determined that a Guard for its efforts to exempt vessels are available for inspection or copying public meeting was unnecessary for this engaged in assistance towing. The Coast at the office of the Executive Secretary, rulemaking because the comments Guard acknowledges and appreciate this Marine Safety Council (G–LRA/3406), received were substantive and comment. U.S. Coast Guard Headquarters, 2100 represented all aspects of both the Four comments noted the vast Second Street SW., Washington, DC industry and the public. The other differences between the marine- 20593–0001, between 8 a.m. and 3 p.m., comments have been grouped by issue assistance industry and the tug and Monday through Friday, except Federal and are discussed as follows: barge industry. They also stated that few holidays. The telephone number is (202) Discussion of Comments and Changes marine-assistance firms’ vessels would 267–1477. meet the criteria for exclusion offered by FOR FURTHER INFORMATION CONTACT: Mr. 1. General the Coast Guard. They recommended Edward LaRue, Navigation Rules Seven comments supported and that the applicability of this final rule be Division (G–MOV–3), (202) 267–0416, applauded the Coast Guard in its efforts changed from towing vessels of 8 meters or LCDR Suzanne Englebert, Project to improve safety in the towing (26.25 feet) or more in length to towing Development Division (G–MSR–2), industry. The Coast Guard vessels of 12 meters (39.4 feet) or more Office of Marine Safety and acknowledges and appreciates these in length. The Coast Guard, knowing Environmental Protection, (202) 267– comments. and understanding the differences 6490. One comment recommended that the between the marine-assistance and the SUPPLEMENTARY INFORMATION: Coast Guard verify the availability of tug and barge industries, asked its radar standards from the Radio Towing Safety Advisory Committee Regulatory History Technical Commission for Maritime (TSAC) to research the possibility of a Soon after the fatal accident on Services (RTCM). The comment claimed regulatory threshold based on a risk September 22, 1993, near Mobile, either that the standards are unavailable analysis. A risk analysis was done by a Alabama, in which a barge collided with or that the RTCM is exhibiting an TSAC working group; after reviewing a railroad bridge and caused the Sunset unwillingness to provide them. The the analysis, which was in turn based Limited to plunge into a bayou, the Coast Guard verified that the standards on both historical data and analysis of Secretary of Transportation directed that are readily available from the RTCM. forces, the Coast Guard agrees with the the Coast Guard and the Federal One comment recommended that the comments and has applied this rule Railroad Administration review the term ‘‘gear’’ in § 164.80(a) be defined only to towing vessels of 12 meters (39.4 circumstances of the accident and because it may be confused with feet) or more in length rather than to undertake initiatives to minimize the ‘‘terminal gear.’’ The Coast Guard those of 8 meters (26.25 feet) or more in risk of any similar tragedy in the future. reviewed § 164.80(a) and does not agree length. This analysis by TSAC is Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35065 available in the docket, as described authority of the COTP. The COTP will early and meaningful public earlier in this preamble. This change base the decision for exemption on such participation in its development. should exempt the vast majority of things as routes, traffic, and capabilities Six comments stated that Coast Guard vessels engaged in the marine-assistance of vessels. rules pertaining to towing vessels, now industry from the requirements of this One comment raised the issue of on the books, already provide rule. moving an exempted vessel from one navigational safety when properly Four comments proposed that fleeting area to another. The comment enforced and followed. They also stated § 164.01(b)(2) contain a definition for a asked whether permission would be that more rules do not guarantee disabled vessel as follows: ‘‘Disabled needed and, if so, how it would be additional safety or prevention of vessel means a vessel that is in need of obtained and whether it would have to accidents, especially in instances of assistance, whether docked, underway, be reverified with the new COTP for any major neglect by operators of towing aground, sunk or abandoned. Disabled different fleeting area. After review, the vessels. Until now, few and minimal vessel does not include a barge or any Coast Guard does not see the need to rules have applied to towing vessels 12 vessel [that] is not regularly operated grant permission for an exempted vessel meters in length or over. This final rule under its own power.’’ The comments to move from one fleeting area to is based in large measure on the general assert that, if this definition is accepted, another if it is not engaged in towing, industry standard of care and sets a then any comments by marine- but it does see the need to reverify the reasonable threshold consistent with assistance firms become academic since exemption if the fleeting area is in a this standard. This rule should raise the marine-assistance vessels will no longer different COTP zone. In any case, the performance, of the few owners and as affected by this final rule. This rule, owner, master, or operator of a towing operators who are hazardous, to that especially since the Coast Guard has vessel engaged in towing from one standard of care. changed the length of affected vessels fleeting area to another would have to One comment questioned the Coast from 8 to 12 meters, exempts the bulk request an exemption in accordance Guard’s ability to enforce its rules. This of vessels engaged in marine with § 164.01(b)(4) of this final rule. final rule requires towboats to carry assistance—helping people in disabled Three comments recommended that certain equipment and gear that usually vessels on rivers, bays, or oceans. towing vessels covered by this final rule are permanently installed. The Coast However, the Coast Guard must be become inspected vessels. They also Guard anticipates that the verification of careful not to exempt vessels that are recommended that all towing gear on onboard, operational equipment and performing commercial towing, even if these vessels be inspected by the Coast appropriately maintained gear will be the vessels are owned or operated by Guard or an approved classification achievable. marine-assistance firms. The Coast (‘‘class’’) society. They recognized the Guard does not accept the four 2. Carriage of navigational equipment time and financial constraints of annual comments’ definition of ‘‘disabled boardings and recommended that a. Radar vessel’’ and has not amended the rule in towing vessels obtain certificates of the recommended manner. Two comments noted that proposed Four comments concerned inspection from entities such as § 164.01(b)(1) may conflict with exemptions. Two recommended approved class societies or from the § 165.803(m)(2)(i), which requires radar- extending the proposed exemptions in National Association of Marine equipped fleeting boats, and with § 164.01 to small, private work boats or Surveyors. They also recommended that § 165.803(m)(2)(v), which requires tow boats involved in limited towing an initial exam occur within 24 months continuous radar surveillance during inside a limited geographical area, as of the effective date of the rule and that periods of restricted visibility. The other exemptions extend to work boats the certificate be renewed every five Coast Guard finds no conflict. A vessel operating in fleeting areas and years thereafter. Inspection of towing that may not be required, under shipyards. A third recommended that vessels has been studied by the Coast § 164.01(b)(1), to carry radar, may the COTP be able to exempt vessels Guard and is outside the scope of this nonetheless be required, under under certain traffic conditions and in rulemaking. § 165.803(m)(2), to carry radar when restricted operating areas. The fourth One comment recommended that engaged in the activities described recommended that the Coast Guard § 164.01 be modified to exempt vessels there. devise a method for exemption using used in response-related activities, Two comments recommended that the speed and draft because of the including training, as well as vessels of Coast Guard establish very limited local differences in speeds and drafts between opportunity, such as fishing vessels areas where towing would be permitted assistance vessels and tugs and engaged in those activities. The without radar-equipped towboats; this pushboats. Seven comments comment continued that an exemption should prevent non-radar-equipped recommended adding provision to should not apply to those vessels fleeting vessels from traveling large § 164.01 specifying that the actually engaged in traditional towing distances. The Coast Guard agrees that responsibility for determining activities but only to those vessels used towing without radar should be applicability of an exemption besides solely in oil-spill response. The Coast conducted only within a company’s with the COTP. In addition, they Guard agrees and has amended § 164.01 fleeting area. Any other type of recommended a formal process to so it exempts vessels used solely for operations should be referred to the request a waiver. While it would be pollution response. COTP for approval or exemption, if impossible to cover every possible One comment alleged delay in the applicable. exemption scenario, the Coast Guard rulemaking. It held the neglect of the Six comments concurred with radar agrees that an exemption process should Coast Guard, as it thought, as required equipment, yet expressed be established and that the final representative of the discharge of its opposition to the development of exemption authority should rest with responsibilities in support of the Oil minimum performance standards by a the COTP. The Coast Guard has Pollution Act of 1990 (OPA 90) and third-party technical organization. They amended § 164.01 to specify the urged the Coast Guard to quickly recommended that the Coast Guard availability of exemptions, the process institute this final rule. The Coast Guard develop the standards with assistance of to request them, and the final granting notes that this rulemaking allowed for representatives from towing companies. 35066 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

The RTCM, which developed radar manufacturers need time to gear up to night use and that other navigational standards, consists of members from RTCM standards. equipment, such as Long Range Aid to industry, government, and Navigation (LORAN) or Global b. Searchlight manufacturers. The Coast Guard did Positioning System (GPS), need external participate in the development of the Three comments supported a power. The Coast Guard notes the radar standards and maintains that the requirement for a searchlight. Two exception, yet will not allow the standards are reasonable. recommended that the language in substituting of a fluxgate compass for a One comment concurred with the § 164.72(a)(2) better define the magnetic one in this final rule. The radar requirement, but raised concerns searchlight’s capability. One called for fluxgate compass requires power to about radar’s being on harbor boats an effective beam of twice the length of operate; a magnetic compass does not, because of limited space in the pilot the tow; the other called for an effective and can be viewed with a flashlight house, excessive vibration, and the beam of three to four times the length should the vessel experience a power constant facing and unfacing of tows. of the tow. The Coast Guard agrees with failure. Harbor operations may qualify for an a better defined capability for the One comment wanted to know exemption that can be granted by the searchlight and has amended whether the Coast Guard was going to COTP. Masters, owners, and operators § 164.72(a)(2) to indicate a capability of adopt ‘‘standards’’ for swing-meters. At may present their particular operations illuminating objects at a distance of at the present time, the Coast Guard does to the COTP to consider for exemption. least two times the length of the tow. not see the need to adopt ‘‘standards’’ Three comments supported the radar For vessels towing astern, this for swing-meters. requirement, but recommended that it requirement should be met for the Two comments supported a be for two marine radars. They also length of tow used during transits on requirement for a magnetic compass, but recommended that the grace period be waters subject to Inland Navigation also wanted a requirement for a reduced from 96 to 48 hours before Rules. gyrocompass equipped with an audible notice to the COTP of the lack of an course-change indicator; they also c. Radios operating radar. The Coast Guard recommended that both requirements disagrees. On smaller vessels there may Two comments supported a cover towing vessels on Western Rivers not be enough room for two radar requirement for radios. They also as well as on all other waters. The Coast consoles and their antennas. For some supported a requirement for either a Guard does not agree with the operations, it may also be cost- backup power source for a permanently requirement of a gyrocompass on all tug prohibitive. The Coast Guard has installed radio or a separate, portable, boats operating on all navigable waters determined that a grace period of 96 battery-powered VHF–FM marine radio of the U.S. It has set a swing-meter or hours is generous while it still secures with a capability of 24-hour continuous magnetic compass as the minimum safety. use. The Coast Guard notes the support; because either is cost-effective for all One comment recommended that for however, technical requirements such operators including small companies. an owner or operator of an existing as those relating to power source are Two comments recommended that radar some means of determining established by the Federal towing vessels pushing ahead and whether the existing radar conforms to Communications Commission (FCC). operating on Western Rivers be RTCM standards needs to be developed. Three comments observed that in equipped with an audible swing-meter; No formal certificate or sticker is affixed April, 1992, the FCC lifted the this would be in addition to, not instead to the radar. The comment asked requirement that vessel captains and of, the magnetic compass proposed in whether the Coast Guard would develop operators must have Restricted § 164.72(a)(4)(i). The Coast Guard a list of approved radars, and Radiotelephone operators’ permits. The disagrees with the recommendation. recommended a list and some type of comments questioned whether One or the other should be more than labelling requirement. Once the RTCM § 164.72(a)(3) is incompatible with the sufficient to aid the vessel in its standards are referred to in this final FCC ruling. The Coast Guard verified operations. rule, manufacturers will market radars with the FCC that the lifting of the One comment recommended that that meet them. Manufacturers’ self- requirement affected only § 164.72(a)(4) be modified, to allow a certification is presently used noncompulsory vessels (those not gyroscope. The Coast Guard has not set successfully with regard to performance required by convention, statute, or a gyroscope as an equivalent to a standards adopted by the International regulation to have ship radio-station magnetic compass, because a gyroscope Maritime Organization (IMO). The licenses). This final rule still supports relies on an outside power source. deferred effective dates should provide the requirement to have Restricted One comment opposed the enough time to determine whether an Radiotelephone operators’ permits. requirement because a compass or existing radar meets standards, and the swing-meter would not aid a harbor boat d. Compasses and Swing-meters Coast Guard expects lists of standards to working in a small harbor or a fleeting be developed by various interested Three comments took exception to area. Note that this final rule lets a parties. vessels’ not being able to carry a vessel owner or operator seek from the Two comments recommended fluxgate compass in lieu of a magnetic COTP an exemption from this reducing the grace period for having a compass. They pointed out that some requirement. radar that meets the display and tugs cannot use a card-type magnetic stabilization requirements. One compass, because of the magnetic field e. Echo Depth-Sounding Device recommended from 5 to 3 years; the in the pilot house due to electric Three comments supported the other recommended from 4 to 2 years. welding. They noted that a fluxgate requirement. Two recommended The Coast Guard has not implemented compass is approximately 1/20th the compliance within 1 year from the either of these timelines, because an cost of a gyrocompass. They challenged effective date of this final rule; the other accelerated implementation could put the reasoning of disallowing a fluxgate recommended compliance within 2 too much of an economic burden on compass because it requires an external years. One comment also recommended owners or operators with small power source. They stated that most the installation of two sounding devices. businesses. In addition, radar card-type compasses have light bulbs for The Coast Guard disagrees with bringing Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35067 compliance forward from 5 years to 1 partially agrees and has cast the final hydrographic standards similar to those year. It notes that, while taken rule to include NTMs published by the used by NOS, and that are applicable to individually navigation equipment is Defense Mapping Agency. LNMs have a vessel’s transit. relatively inexpensive, taken remained because they are available for One comment did not support the cumulatively the costs are not Western Rivers. requirement of a chart or map and felt negligible. The 5-year implementation One comment recommended that a it an excessive burden on those vessels schedule is intended to lessen the towing vessel on the Western Rivers be that work in the same operating area. impact of multiple requirements. The authorized to carry either a current The Coast Guard does not agree. Vessels Coast Guard agrees that in some edition of, or a currently corrected, river are required only to have charts or maps circumstances two sounding devices map from the U.S. Army Corps of for their areas of operation, so the may be desirable; in general, however, Engineers (ACOE). It also recommended number of charts or maps to maintain one should give the operator or master creating a new definition for ‘‘currently should be minimal: the smaller the area, adequate depth information. corrected’’, which would apply to the fewer the charts or maps. The local Five comments disagreed with Western Rivers and allow currently information these charts or maps exempting tows on Western Rivers from corrected charts to be used up to 5 years provide to operate is valuable and having sounding devices; they stated after their date of publication. The Coast should assist them in verification of there should be no exemptions. One of Guard agrees and has amended the their position along their voyages. definition of ‘‘currently corrected’’ to the five also stated that, at a minimum, h. Publications sounding devices should be installed on include current editions of ACOE river vessels that move environmentally maps and currently corrected editions One comment noted that proposed threatening cargoes. The Coast Guard provided it has not been over 5 years § 164.72(b)(3) restated the requirement holds that depth sounders are not so since their publication. of 33 CFR 88.05 that self-propelled useful in pooled water as they are in One comment recommended that vessels of 12 meters or more must have open water where depths vary greatly. § 164.72(b)(1)(i) be revised to reflect that on board and maintain for ready On towboats pushing ahead, they would ‘‘All towing vessels, both inland and reference a copy of the Inland be located too far aft to provide even a seagoing, are required * * *.’’ This Navigation Rules. It recommended that last-minute warning of shallow water. section already covers ‘‘each towing this section be removed. The Coast The Coast Guard has maintained the vessel.’’ The only variation allowed is in Guard agrees, and it does not appear in exemption as proposed. § 164.72(b)(1)(ii), which accommodates this final rule. One comment disagreed that a different routes. Two comments disagreed with the sounding device should be placed on One comment suggested that other selection of nautical publications that every towing vessel. It recommended sources of charts or maps, such as the proposed rule would have required that ship-docking tugs operating in chartbooks published by State to be on board. They stated that some, harbors, lakes, rivers, and bays be authorities or commercial publishers, be such as NTMs, were good but did not exempted from the requirement. Again, approved. The Coast Guard disagrees. need to be physically on board. They the owner or operator of a vessel may Although these charts or maps may be also felt that the Coast Pilot was of little seek an exemption from this updated annually, they conform to no use to a captain in local waters; the requirement. hydrographic standard and therefore are captain’s ‘‘local knowledge’’ was of far not recognized by the Coast Guard as greater value. It is not the intent of the f. Electronic Position-Fixing Device legal charts. In addition, these charts are Coast Guard that a vessel maintain a No comments concerned the usually advertised as ‘‘not for huge library of nautical publications. requirement for an electronic position- navigation.’’ Rather, the Coast Guard is requiring fixing device. Six comments opposed requiring those publications that most prudent towing vessels to be equipped with mariners would retain on board their g. Marine Charts or Maps charts or maps that both are published vessels. The final rule also provides that One comment recommended that the by the National Ocean Service (NOS), latitude for an owner or operator to have words ‘‘reasonably available’’ remain in the ACOE, or another authority and are only those publications or extracts from the definition of ‘‘currently corrected.’’ either current editions or currently publications for the area(s) to be This would allow for a delay in the corrected charts or maps. They argued transited. The number of publications or entry of corrections because of late that, for lack of funding to the NOS, U.S. extracts required to be on board is receipt of Notices to Mariners (NTMs). waterways are not regularly charted or minimal, and should not be a burden to The Coast Guard agrees, and the mapped and stated that it is therefore the owner or operator; and the wording remains. unrealistic to require current editions or publications or extracts do provide Three comments recommended that currently corrected charts or maps. They valuable port-specific information. § 164.72(b)(1) require the carriage of further recommended that the rule current or currently corrected charts or should include British Admiralty Charts 3. Proper Use of Navigational maps and that, to this end, the as a possible alternative. NOS procures Equipment definition for ‘‘currently corrected’’ excellent nautical products, and the Two comments recommended that the change. The Coast Guard agrees with the Coast Guard will continue to require tug and barge industry adopt a system concept of allowing either current their use. However, the Coast Guard also where three qualified watchstanders or editions or currently corrected editions recognizes that there are charts operators are always on board. Two of charts and maps; however, it has produced by foreign governments of others also recommended that on all achieved this end without amending the U.S. waters, such as British Admiralty towing vessels, especially on those on definition. charts, that are legally sufficient and oceangoing and coastwise transits, at Three comments recommended that could be acceptable alternatives. The least one crewmember be a licensed § 164.72(b)(2) refer to NTMs, but not to Coast Guard has amended the rule as engineer. These are manning issues not Local Notices to Mariners (LNMs), proposed to include charts published by within the scope of this rulemaking. because of the impossibility of ensuring a foreign government that will make safe Three comments recommended that delivery of LNMs. The Coast Guard navigation possible, that are based on the licensing system be restructured 35068 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations similar to that for vessels of unlimited has outlined minimum factors for also asked whether this provision would tonnage, so that an individual would proper maintenance. The owner should require a monitor of tow-wire tension have to serve as a mate before becoming base each vessel’s PMS on the owner’s with data-recording capability. The a master on tugs greater than 8 meters. experience and expertise and on the Coast Guard has reviewed the recording Two other comments strongly manufacturers’ recommendations and requirements and, with the exception of recommended that training standards be suggestions rather than use one that on shock loading, finds them to be incorporated either into the navigational prescribed by the Coast Guard. reasonable and valuable for the sections of the final rule or into a new Two comments recommended that assessment of the towline’s history. It section in part 164. The Coast Guard has this final rule direct the carriage aboard never intended to require monitors of published an NPRM entitled, ‘‘Licensing the towing vessel of manufacturers’ tow-wire tension, and it has removed and Manning for Officers of Towing maintenance requirements and wear the reference to shock loading. Vessels’’ (61 FR 31332, June 19, 1996) specifications for towlines. The Coast One comment recommended that and invites comments to that docket on Guard agrees with TSAC that the § 164.74(a)(3)(iv)(G) be revised to read these issues. requirements and specifications can be ‘‘Results of a tensile test taken to One comment recommended that, located in a company office, at a repair confirm the residual strength of the when in pilotage waters, all tank barges facility, or on the vessel, and deems it towline, if necessary.’’ The comment that are over a certain minimum (1,000 appropriate to allow this flexibility. noted that tensile testing is an integral tons) and are subject to Federal Four comments recommended that component of towline inspection and jurisdiction have to be under the the Coast Guard specify sizes for towing maintenance. But an operator may just direction and control of a pilot holding wires. Two recommended that it as well determine that a towline or a Federal license or pilotage establish minimum standards to ensure segment of towline must be removed endorsement for the waters being that the size of the wire, the bollard pull without conducting a tensile test: It traversed. It further recommended that of the tug, and the maneuverability of should not be implied that a tensile test this requirement include the towing the tug and tow are properly matched. must be conducted in every instance. vessels propelling these barges. The Two others recommended that The Coast Guard concurs and, although placement of pilots in charge of barges § 164.74(a)(1) include graphs or tables to it has not adopted the suggested and onboard tugs is another issue of assist the master, owner, or operator in wording, in this final rule has revised manning not within the scope of this determining minimum breaking strength the proposed wording. rulemaking. of a towline and that these graphs or Two comments recommended that the tables be guidelines, not minimum Coast Guard clarify the applicability to 4. Maintenance, Inspection, and standards. The Coast Guard has terminal gear of § 164.74(b)(4), which Serviceability of Towlines and Terminal determined that manufacturers’ would have required a method for Gear published specifications should provide emergency release of towlines. One Two comments recommended that the the owner, master, or operator with the stated that the final rule should clarify responsibility for towing gear used in information needed to properly whether this wording applies to pushing ahead or towing alongside determine a towline’s strength and synthetic towlines or towlines belong to just one party, the master or appropriate use. The towing industry is employed without a winch and should the operator. They stated that not diverse, operating in many different also specify whether the winch-brake making the master or the operator solely environments. By not specifying sizes, requirement of § 164.74(b)(7) will satisfy responsible might cause some decision the Coast Guard has provided a flexible the requirement of paragraph (b)(4) for between the owner and either the format to allow companies to assess a tugboat outfitted with a tow winch. master or the operator, or result in no their operations and choose their The Coast Guard has clarified the one’s being responsible. The Coast towlines appropriately. release requirement by removing the Guard disagrees. As for vessels towing Two comments recommended that term ‘‘emergency.’’ This requirement is astern, for vessels towing alongside or every towing vessel operating on oceans intended to ensure some manner of pushing ahead the owner is included or coastwise be required to have an safety disengaging the towline. If a with the master or operator so that the emergency tow wire and that this rule vessel has a winch, letting the cable run responsibility is ‘‘several’’: Rests on prescribe its maintenance and repair. off the drum will be acceptable. If a each. If the owner and the master or The Coast Guard disagrees. 33 CFR part vessel uses synthetic line, an axe will be operator are the same, then the 155 already requires emergency acceptable provided there is a protected responsibility rests on one individual. If towlines aboard large oil barges; but area where the person can stand while a company owns a fleet, then it is duplicate towlines now appear releasing the line. The winch-brake appropriate that the company have unnecessary aboard most barges, since requirement is separate from this adequate maintenance policies and the competent repair of most towlines, releasing requirement: It ensures that appropriately empower the master or at sea, is feasible. By recognizing and winch speed can be controlled, even if operator to ensure the requirements are dictating the minimum acceptable power is lost. met. In this way, all parties have a share repair, § 164.74(a)(2) should avoid Two comments recommended that the of the responsibility for failing to meet incompetent repair such as that which towing-gear standards be more stringent the requirements—one for liability, caused the grounding of the T/B than proposed. They considered the either or both of the others for their MORRIS J. BERMAN and yet also avoid wording in § 164,74 too ambiguous, licenses. the costly alternative of requiring especially the term ‘‘appropriate.’’ They Two comments recommended that duplicate towlines. recommended that what is appropriate every owner of a towing vessel be One comment felt that it would be should be some standard such as the required to have a prescribed Preventive difficult, if not impossible, to keep AWO Responsibile Carrier Program, the Maintenance System (PMS) for all records on towlines. Two recommended U.S. Navy Standards, or some towing gear; this PMS should include that the reference to ‘‘shock loading’’ in manufacturers’ recommendations. They maintenance and inspection schedules proposed § 164.74(a)(3)(iv)(C) be urged that to be valid the final rule and a supply system that provides spare eliminated because the phenomenon is should incorporate specific standards by parts. In this final rule the Coast Guard difficult to define or quantify. All three reference or spell them out. The Coast Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35069

Guard has not made this rule more extended voyage. They contended that operable radar. Section 164.82 of this specific than proposed, because it any periodic tests or inspections might final rule outlines clearly that an owner applies to a diverse industry and fall mid-voyage while, in practice, all as well as an operator or master must because no current standards adequately tests and inspections fall either upon consider the conditions before leaving address every towing-vessel embarkation or, by harbor tugs engaged port or continuing a transit once arrangement. The Coast Guard has in essentially continuous service, upon equipment fails—one for avoiding allowed the owners and operators the change of crew (weekly or biweekly). liability and each of the others for flexibility of developing their own They asserted that industry practices are keeping the license. maintenance standards, but has outlined consistent with dictates of prudent One comment raised the question specific, minimal criteria to ensure an navigation. The Coast Guard agrees, and whether the COTP really wanted to irreducible measure of safety. has revised § 164.80 to ratify this know if a small assistance-towing Six comments stated that the frequency of tests and inspections. vessel’s radar was inoperable in requirements for towlines and terminal Three comments expressed confusion accordance with § 164.82(d). The Coast gear in general were not appropriate for over § 164.80(a)(2) due to the term Guard has changed the applicability of small assistance-towing vessels. Other ‘‘vessel-control alarms’’, which to them this final rule so most assistance-towing comments objected in particular to connoted autopilot or steering-system vessels are exempt from the rule. Those requirements on thimbles, poured alarms. They stated that few towing 12 meters in length and over that also sockets, wire cables, shackles, and metal vessels have either of these. They operate as commercial towing vessels fittings, because these items could recommended either clarifying the remain subject to it, and should. The damage light boats and injure personnel meaning or changing the requirement to Coast Guard has reviewed the reporting aboard disabled vessels; on the use of ‘‘vessel’s installed alarm systems.’’ The requirements and values reports of cotter pins or other means to secure Coast Guard has kept the wording as defective radars on all towing vessels of connections of terminal gear, because proposed. If steering-system alarms or 12 meters or more in length engaged in such items are unacceptable and even autopilot alarms are installed, it is commercial towing. dangerous; and on testing towlines and appropriate to test them before Three comments recommend that maintaining elaborate records of departing from port; however, this final § 164.82 include the option of towlines’ history, because these items rule does not require installation of telephoning the COTP and requesting a impose a disproportionate burden. The additional alarms. deviation for an inoperative radar. Coast Guard has determined that these One comment questioned whether Section 164.82(c) of this final rule requirements are not appropriate for § 164.80(b) should require that allows a phoned-in request for most small assistance-towing vessels. It navigational equipment be checked by deviation; but, because of the legal has amended the applicability of this vessels under 1,600 GT. The Coast nature of this type of request, it also final rule from vessels of 8 meters in Guard did not propose to require this requires a written follow-up. length to vessels of 12 meters in length measure for towing vessels under 1,600 One comment recommended keeping and over. It developed these GT in the NPRM; however, it did state the words ‘‘Failure of redundant * * * ’’ requirements to ensure that towlines that this equipment must be operational. in § 164.82(d). The Coast Guard concurs remain intact and attached during It is logical to include a test of this and has kept them. towing especially for those equipment for these vessels and it is Two comments recommended combinations of tugs and barges that consistent with the intent of the inserting the words ‘‘after entering a pose greater risk to the waterways. rulemaking. The Coast Guard has added port’’ behind ‘‘96 hours’’ in § 164.82(d) a test of this equipment for towing because it is probable that a radar would 5. Navigation; Tests and Inspections; vessels under 1,600 GT. fail during a sea voyage and would be Maintenance, Failure, and Reporting Two comments stated that proposed inoperative more than 96 hours before a Two comments expressed the opinion § 164.82 should be more stringent. One technician could get aboard. The two that § 164.80 was not appropriate for urge that § 164.82(d) have language also felt that such a requirement would small assistance-towing vessels, since strong enough to obligate a towing create a burden because it would mean applying the same criteria to a 1,600- vessel’s operator to moor or anchor the that the vessel has to request a deviation gross-ton (GT) vessel as to an 8–GT vessel if, in the operator’s judgment, from each COTP as the vessel passes vessel is not reasonable (least of all proceeding without radar would through the zones. Information of an when the latter uses an outboard motor). jeopardize the safety of the tow, of other inoperative radar is critical when a The Coast Guard has determined that vessels, or of the environment; at a vessel is under way, and services of a § 164.80 indeed should not apply to minimum, a tow of environmentally technician should not be difficult to small assistance-towing vessels. It has hazardous cargoes should have to moor obtain, least of all in the zones; amended the applicability of this rule in hours of darkness when the towing therefore, the Coast Guard has not from vessels 8 meters in length to vessel’s radar is inoperative. One amended this requirement from the vessels of 12 meters in length and over. comment held that personnel who order NPRM. This change exempts smaller assistance- a vessel to depart with a broken radar One comment noted that, if this final towing vessels, yet covers larger are ordering a ‘‘less seaworthy’’ vessel to rule applied to foreign-flag vessels assistance-towing vessels (also engaged go to sea and should be held responsible towing in U.S. waters, it would mandate in commercial towing), which pose for doing so. The Coast Guard wrote this equipment not now required by treaty greater risk to the waterways. requirement to ensure that towing such as the International Convention for Three comments noted that proposed vessels’ owners, operators, and masters the Safety of Life at Sea 74/78 (SOLAS), § 164.80 would have required vessel address and correct equipment as amended; the comment argued that to operators to inspect and test equipment problems. But it is not necessarily impose regulations as a requirement of before departure from port or at least unsafe to operate without a radar in port entry without agreement of the IMO weekly. They supposed that the intent some areas and weather. The operator or would be inappropriate. The comment was to compel routine, walk-through master certainly risks his or her license offered as an example the proposed inspections of a towing vessel’s vital if he or she operates in poor weather, at requirement for an illuminated swing- systems before its embarking on an night, or in congested traffic without an meter or magnetic compass: It is 35070 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations conceivable (though unlikely) that a Guard has changed the language on those vessels engaged in commercial foreign-flag towing vessel not subject to inspecting and testing in this final rule towing. It applies to all of the latter SOLAS would not have a compass. The to reflect companies’ procedures. The vessels 12 meters (39.25 feet) or greater Coast Guard has determined that it Coast Guard sees no need for an OCMI’s in length operating in U.S. waters. could not require less in this final rule special approval of a company’s These vessels will have to retain without defaulting on its duty to protect individual process. However, the manufacturing specifications on the U.S. navigable waters from the risk process must record at least the tests towlines and regularly maintain and posed by towing vessels. These vessels and inspections required by this rule. inspect the towlines. They will have to can seek from the COTP an exemption A final comment recommended that carry updated charts or maps and if they enter U.S. navigable waters retroreflective material be placed on publications, marine radar, and without the required equipment. By both sides of barges to aid in seeing the searchlights. Some (depending on requiring this equipment, the Coast barges, especially of a large tow. This is service) will also have to carry magnetic Guard ensures that these vessels will be outside the scope of this rulemaking, compasses or swing-meters, depth- adequately equipped while operating in but is under consideration by the sounders, and electronic position-fixing U.S. navigable waters or, at a minimum, Navigation Safety Advisory Council devices. that the COTP will be aware of their (NAVSAC). If found to be feasible, it Summary of Benefits substandard state. may be the subject of a separate The principal benefits of this final 6. Logs rulemking or of standard agreed to by government and industry. rule will be to enhance the safety of One comment recommended that the navigation and reduce the risk of final rule require maintenance of more- Incorporation by Reference collisions, allisions, and groundings. comprehensive logbooks; the proposed The Director of the Federal Register The allision in September, 1993, of a rule would have authorized has approved the material in § 164.03 tow with a fixed railroad bridge near maintenance of a simple ‘‘diary’’, which for incorporation by reference under 5 Mobile, Alabama, established the the comment held insufficient because U.S.C. 552 and 1 CFR Part 51. The necessity of navigational-safety it could not prove that vessel personnel material is available as indicated in that equipment for towing vessels. These comply with the work-hour limitations section. navigational-safety measures will of 46 U.S.C. 8104 and would not offer reduce damage to the human and a comprehensive list of items to take Regulatory Evaluation natural environments by increasing the account of. The same comment This final rule is not a significant number of tools at the disposal of a recommended that, because of the regulatory action under section 3(f) of vessel operator, thereby decreasing the illiteracy of some operators, log books Executive Order 12866, and does not likelihood of an accident. should have a minimal number of items require an assessment of potential costs The preliminary findings of studies that could be answered by initial, check- and benefits under section 6(a)(3) of that prepared after the derailment of the marks, or numbers rather than call for Order. It has not been reviewed by the Sunset Limited indicate that many long, narrative paragraphs. The same Office of Management and Budget under owners and operators of towing vessels comment recommended that § 164.78(b) that Order. It is not significant under the voluntarily equip their vessels with be streamlined to require a log entry regulatory policies and procedures of much of the proposed equipment here only when a pre-departure test or the Department of Transportation (DOT) required. Review of the kind and inspection indicated a failure or (44 FR 11040; February 26, 1979). amount of equipment voluntarily malfunction of a component; this A final Regulatory Evaluation under installed suggests the desirability of the approach would be consistent with paragraph 10e of the regulatory policies industry’s taking these measures. In industry practice and would minimize and procedures of DOT has been addition, reliability and performance of unnecessary paperwork. The Coast prepared and is available in the docket modern navigational equipment has Guard considers it appropriate for for inspection or copying where improved, which also suggests that companies to determine the method of indicated under ADDRESSES. This final mariners can have available to them, at recordkeeping that meets the rule applies to all commercial towing falling cost, valued, accurate requirements in this rule and their own vessels 12 meters or greater in length. information. The benefits of each piece needs and that suits the capability of the An estimated 4,686 existing towing of equipment are as follows: operators and masters they employ. vessels currently operate on U.S. waters A marine surface-navigation radar is (Again, manning and rest hours are not and are affected by this rule. The Coast an essential piece of navigational-safety within the scope of this rule.) To ensure Guard estimates that the one-time cost equipment. Not only does it aid in compliance with this rule, the Coast of implementing this rule is $28 million. detecting and avoiding other vessels; it Guard requires a record of tests even if Summaries of the comments to the helps in constricted waterways and nothing fails. In the interest of NPRM on its regulatory evaluation, of during periods of decreased visibility. minimizing these reports, the Coast the anticipated benefits of this final A searchlight also helps in restricted Guard has not dictated the format of the rule, and of the estimated cost of this waterways, and is essential in checking entry and will allow companies to rule follow: the condition of tows and warning other continue to use their established vessels of the presence of towlines. procedures. Summary of Comments A magnetic compass indicates One comment recommended that the Two comments held the statement headings, which are critical to safe local Officer in Charge of Marine ‘‘this rule would not result of a navigation of a vessel in open waters. It Inspection (OCMI) be authorized to significant economic impact on a allows dead-reckoning in restricted approve a company’s individual safety- substantial number of small entities’’ visibility, enables the vessel to fix its certification process in lieu of entirely false. They noted that the cost position, helps the vessel to determine establishing a new and inflexible regime to upgrade a marine-assistance vessel the effect of winds and currents, and of logging and reporting for ensuring valued at $30,000 would be substantial. tells the rate of turn for the tow. that vessels’ systems, gear, and the like This rule in final form does not affect A swing-meter, or rate-of-turn are inspected and tested. The Coast marine-assistance vessels; it affects only indicator, tells the rate of turn for the Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35071 towing vessel itself, which is valuable between 12 and 20 meters totals $17.4 Title: Navigation Safety Equipment for for every vessel pushing ahead and is million; this comes to about $7,000 a Towing Vessels. critical for every large, multiple-barge vessel. The average cost for smaller Need for Information: This final rule tow pushing ahead. TSAC has indicated vessels, paradoxically, is higher than will require the mariner to log or the considerable value of this device to that for larger ones because the Coast otherwise record information necessary every vessel pushing ahead. Guard’s estimating methodology for the safe operation of the vessel, A depth-sounder decreases the risk of assumes that a larger proportion of including (1) Updating navigational grounding. It provides immediate smaller vessels do not already carry the charts or maps and publications to information on depth, and also helps fix required navigational-safety equipment. ensure that they accurately reflect local the vessel’s position. This final rule will impose recurring conditions; (2) keeping documentation An electronic position-fixing device costs in following years. There will be on the vessel’s towline to verify its has become a basic navigational tool on three annual components of recurring strength and recording regular board both offshore and coastal vessels. costs: updates, deviations, and towline inspections of it to ensure that it It supplants plotting by traditional testing. (a) Estimated cost of updates is remains sound; (3) recording tests of the means, for which few towing vessels $468,000 a year for the purchase of new navigation and towing equipment to have either the time or the personnel. editions of charts or maps and ensure that they are functioning Charts or maps, and publications, publications as necessary. (b) Estimated properly; and (4) requesting a deviation have always been a basic navigational costs of deviations is about $43,000 a from the COTP if the vessel’s radar is tool. They give detailed, recent year, assuming 1,072 of them a year. inoperative to ensure that this essential information on obstructions, routes, This number is low because the rule equipment is repaired. These bridge clearances, communication will allow 96 hours to make any recordkeeping requirements are channels, river currents, and hazards to necessary repairs. This is to decrease the thoroughly consistent with good navigation. burden on industry, especially on small commercial practice and the dictates of Finally, owners’ and operators’ entities. (c) Finally, estimated cost of good seamanship for safe navigation and retention of manufacturers’ data on the towline testing is about $300 a test. At maintenance of critical navigational- breaking strength of towlines, together 937 tests a year (20 percent of vessels), safety equipment. with minimal standards of inspection this component will be $281,000 a year. Proposed Use of Information and serviceability, will help ensure that These three annual components of The primary use of this information towlines remain intact throughout recurring costs will total $792,000. transits and are of the appropriate sizes will be to ensure that the mariner or configurations. The desirability of Small Entities records information necessary for the keeping tugs made up to their barges The costs to small entities will not be safe operation and maintenance of the appears self-evident. significant, because, unlike the vessel. The secondary use will be to All of these measures serve essentially proposed rule, this final rule exempts help Coast Guard inspectors determine the same purpose: to increase towing vessels of less than 12 meters in whether a vessel is in compliance or, in navigational safety for towing vessels length, certain yard and fleeting craft, the case of a casualty, whether failure to and barges on U.S. waters. Although the assistance-towing vessels, and comply with this final rule contributed Coast Guard recognizes that many pollution-response vessels; because of to the casualty. The Coast Guard has no prudent operators already practice the large number of vessels already in specific plan to collect these data for them, this rule will codify them, compliance; and because of the phase- statistical analysis. provide basic performance standards for Frequency of Response: The various in periods for several provisions. the equipment, and compel compliance information called for by this final rule Therefore, the Coast Guard certifies for vessels not conforming to the sound will be recorded at different intervals. under section 605(b) of the Regulatory practices of the majority of the industry. Updates of charts or maps and Flexibility Act (5 U.S.C. 601 et seq.) that The benefits from these measures are publications under § 164.72(b) bill occur this rule will not have a significant significant, but the Coast Guard cannot at least weekly. Towline verification economic impact on a substantial quantify them from available data. will entail, for each towline, keeping a number of small entities. Summary of Costs record of the initial manufacturing data Collection of Information indefinitely. Entries in inspection logs The present value of the one-time or other documentation for towlines Under the Paperwork Reduction Act costs to the towing industry of installing under § 164.74(a) will entail recording (44 U.S.C. 3501 et seq.), the Office of the required navigational equipment is, at least monthly. The recording under Management and Budget (OMB) reviews on a very conservative estimate, just § 164.78(b) of tests and inspection of each rule that contains a collection-of- under $28 million. This estimate is equipment will be frequent, and information requirement to determine based on Coast Guard research. It consistent with the underway schedule whether the practical value of the assumes that a high proportion of of the vessel. Finally, the submittal of information is worth the burden vessels do not already carry the requests for deviations under imposed by its collection. Collection-of- equipment, and does not factor in the § 164.82(d) should occur infrequently, information requirements include difference in requirements for the only when certain navigational-safety reporting, recordkeeping, notification, difference in routes. Therefore, although equipment fails and remains inoperative and other, similar requirements. it does not include costs for for greater than 96 hours. maintenance and repair, the Coast This final rule contains collection-of- Burden Estimate: 302,663 hours. Guard expects that the actual value of information requirements in the Respondents: 4,686 owners, masters, the costs to the industry will run following sections: 164.72(b), 164.74(a) or operators of towing vessels. appreciably lower than $28 million. 164.78(b), and 164.82(d). The following Average Burden Hours a respondent: The estimated one-time cost of towing particulars apply: 64.6 annual hours a respondent. vessels 20 meters (65.62 feet) or more in DOT No.: 2115. Persons need not respond to an length totals $10.2 million; this comes OMB Control No.: 2115–0628. information collection unless it displays to about $4,600 a vessel. That for those Administration: U.S. Coast Guard. a currently valid control number from 35072 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations (2) RTCM Paper 194–93/ OMB. This final rule contains upon written request, may, in writing, SC104–STD, RTCM Rec- information collections that have been exempt a vessel from § 164.72 for a ommended Standards for approved by OMB. specified route if he or she decides that Differential NAVSTAR GPS exempting it would not allow its unsafe Service, Version 2.1, 1994 ... 164.43 Federalism (3) RTCM Paper 71–95/SC112– navigation under anticipated STD, RTCM Recommended The Coast Guard has analyzed this conditions. final rule under the principles and Standards for Marine Radar Equipment Installed on criteria contained in Executive Order 3. Section 164.03 is amended by revising paragraph (b) to read as follows: Ships of Less Than 300 Tons 12612 (October 26, 1987) and has Gross Tonnage, Version 1.1, determined that this rule does not have § 164.03 Incorporation by reference. October 10, 1995 ...... 164.72 sufficient implications for federalism to (4) RTCM Paper 191–93/ warrant the preparation of a Federal * * * * * SC112–X, RTCM Rec- Assessment. (b) The materials approved for ommended Standards for incorporation by reference in this part Maritime Radar Equipment Environment and the sections affected are as follows: Installed on Ships of 300 Tons Gross Tonnage and The Coast Guard considered the American Petroleum Institute environmental impact of this final rule Upwards, Version 1.2, De- (API), 1220 L Street NW., cember 20, 1993 ...... 164.72 and concluded that, under paragraphs Washington, DC 20005 2.B.2.e(34) (d) and (e) of Commandant API Specification 9A, Speci- 4. Sections 164.70, 164.72, 164.74, Instruction M16475.1B, this rule is fication for Wire Rope, Sec- 164.76, 164.78, 164.80, and 164.82 categorically excluded from further tion 3, Properties and Tests added to read as follows: environmental documentation. A for Wire and Wire Rope, § 164.70 Definitions. ‘‘Categorical Exclusion Determination’’ May 28, 1984 ...... 164.74 is available in the docket for inspection American Society for Testing For purposes of §§ 164.72 through or copying where indicated under and Materials (ASTM), 1916 164.82, the term— Race Street, Philadelphia, PA ADDRESSES. Current edition means the most recent 19103 published version of a publication, List of Subjects in 33 CFR Part 164 ASTM D4268–93, Standard chart, or map required by § 164.72. Test Method for Testing Currently corrected edition means a Marine safety, Navigation (water), Fiber Ropes ...... 164.74 Reporting and recordkeeping current or previous edition of a Cordage Institute, 350 Lincoln publication required by § 164.72, requirements, Waterways, Incorporation Street, Hingham, MA 02043 corrected with changes that come from by reference. CIA–3, Standard Test Methods For the reasons set out in the for Fiber Rope Including Notices to Mariners (NTMs) or Notices preamble, the Coast Guard amends 33 Standard Terminations, Re- to Navigation reasonably available and CFR part 164 as follows: vised, June 1980 ...... 164.74 that apply to the vessel’s transit. Hand- International Maritime Organiza- annotated river maps from the U.S. PART 164ÐNAVIGATION SAFETY tion (IMO), 4 Albert Embank- Army Corps of Engineers (ACOE) are REGULATIONS ment, London SE1 7SR, U.K. currently corrected editions if issued IMO Resolution A342(IX), Rec- within the previous 5 years. 1. The authority citation for part 164 ommendation on Perform- Great Lakes means the Great Lakes is revised to read as follows: ance Standards for Auto- and their connecting and tributary matic Pilots, adopted No- Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. waters including the Calumet River as vember 12, 1975 ...... 164.13 2103, 3703; 49 CFR 1.46. Sec. 164.13 also far as the Thomas J. O’Brien Lock and International Telecommuni- issued under 46 U.S.C. 8502. Sec. 164.61 also Controlling Works (between miles 326 issued under 46 U.S.C. 6101. cation Union Radiocommuni- cation Bureau (ITU–R), Place and 327), the Chicago River as far as the 2. In § 164.01, paragraph (b) is added de Nations CH–1211 Geneva east side of the Ashland Avenue Bridge to read as follows: 20 Switzerland (between miles 321 and 322), and the (1) ITU–R Recommendation Saint Lawrence River as far east as the § 164.01 Applicability. M.821, Optional Expansion lower exit of Saint Lambert Lock. * * * * * of the Digital Selective-Call- Swing-meter means an electronic or (b) Sections 164.70 through 164.82 of ing System for Use in the electric device that indicates the rate of this part apply to each towing vessel of Maritime Mobile Service, turn of the vessel on board which it is 12 meters (39.4 feet) or more in length 1992 ...... 164.43 installed. operating in the navigable waters of the (2) ITU–R Recommendation Towing vessel means a commercial United States other than the St. M.825, Characteristics of a Transponder System Using vessel engaged in or intending to engage Lawrence Seaway; except that a towing Digital Selective-Calling in pulling, pushing or hauling vessel is exempt from the requirements Techniques for Use with alongside, or any combination of of § 164.72 if it is— Vessel Traffic Services and pulling, pushing, or hauling alongside. (1) Used solely within a limited Ship-to-Ship Identification, Western Rivers means the Mississippi geographic area, such as a fleeting-area 1992 ...... 164.43 River, its tributaries, South Pass, and for barges or a commercial facility, and Radio Technical Commission for Southwest Pass, to the navigational- used solely for restricted service, such Maritime Services, 655 Fif- demarcation lines dividing the high seas as making up or breaking up larger tows; teenth Street, NW., Suite 300, from harbors, rivers, and other inland Washington, DC 20005 (2) Used solely for assistance towing waters of the United States, and the Port (1) RTCM Paper 12–78/DO– as defined by 46 CFR 10.103; Allen-Morgan City Alternative Route, (3) Used solely for pollution response; 100, Minimum Performance Standards, Loran C Receiv- and that part of the Atchafalaya River or ing Equipment, 1977 ...... 164.41 above its junction with the Port Allen- (4) Any other vessel exempted by the Morgan City Alternative Route Captain of the Port (COTP). The COTP, Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35073 including the Old River and the Red (3) VHF–FM Radio. An installation or detail to make safe navigation of the River and those waters specified by multiple installations of VHF–FM radios areas possible. §§ 89.25 and 89.27 of this chapter, and as prescribed by part 26 of this chapter (ii) The charts or maps must be such other, similar waters as are and 47 CFR part 80, to maintain a either— designated by the COTP. continuous listening watch on the (A) Current editions or currently designated calling channel, VHF–FM corrected editions, if the vessel engages § 164.72 Navigational-safety equipment, Channel 13 (except on portions of the charts or maps, and publications required in towing exclusively on navigable on towing vessels. Lower Mississippi River, where VHF– waters of the U.S., including Western FM Channel 67 is the designated calling Rivers; or (a) Except as provided by § 164.01(b), channel), and to separately monitor the (B) Currently corrected editions, if the each towing vessel must be equipped International Distress and Calling vessel engages in towing seaward of with the following navigational-safety Channel, VHF–FM Channel 16, except navigable waters of the U.S. or more equipment: when transmitting or receiving traffic on than three nautical miles from shore on (1) Marine Radar. By August 2, 1997, other VHF–FM channels or when the Great Lakes. a marine radar that meets the following participating in a Vessel Traffic Service applicable requirements: (iii) The charts or maps may be, (VTS) or monitoring a channel of a VTS. instead of charts or maps required by (i) For a vessel of less than 300 tons (Each U.S. towing vessel of 26 feet gross tonnage that engages in towing on paragraphs (b)(1) (i) and (ii) of this (about 8 meters) or more in length, section, currently corrected marine navigable waters of the U.S., including except a public vessel, must hold a ship- Western Rivers, the radar must meet— charts or maps, or applicable extracts, radio-station license for radio published by a foreign government. (A) The requirements of the Federal transmitters (including radar and Communications Commission (FCC) These charts or maps, or applicable EPIRBs), and each operator must hold a extracts, must contain information specified by 47 CFR part 80; and restricted operator’s license or higher. (B) RTCM Standard for Marine Radar similar to that on the charts or maps To get an application for either license, required by paragraphs (b)(1) (i) and (ii) Equipment Installed on Ships of Less call (800) 418–FORM or (202) 418– Than 300 Tons Gross Tonnage, RTCM of this section, be of large enough scale, FORM, or write to the FCC; Wireless and have enough detail to make safe Paper 71–95/SC112–STD, Version 1.1, Bureau, Licensing Division; 1270 display Category II and stabilization navigation of the areas possible, and Fairfield Road; Gettysburg, PA 17325– must be currently corrected. Category Bravo. 7245.) (ii) For a vessel of less than 300 tons (3) General publications. A currently (4) Magnetic Compass. Either— corrected edition of, or an applicable gross tonnage that engages in towing (i) An illuminated swing-meter or an seaward of navigable waters of the U.S. currently corrected extract from, each of illuminated car-type magnetic steering the following publications for the area or more than three nautical miles from compass readable from the vessel’s main shore on the Great Lakes, the radar must to be transited: steering station, if the vessel engages in (i) If the vessel is engaged in towing meet— towing exclusively on Western Rivers; (A) The requirements of the FCC exclusively on Western Rivers— or (A) U.S. Coast Guard Light List; specified by 47 CFR part 80; and (ii) An illuminated card-type (B) Applicable Notices to Navigation (B) RTCM Standard for Marine Radar magnetic steering compass readable published by the ACOE, or Local Equipment Installed on Ships of Less from the vessel’s main steering station. Notices to Mariners (LNMs) published Than 300 Tons Gross Tonnage, RTCM (5) Echo Depth-Sounding Device. By by the Coast Guard, for the area to be Paper 71–95/SC112–STD, Version 1.1, August 2, 2001, an echo depth-sounding transited, when available; and display Category I and stabilization device readable from the vessel’s main Category Alpha. steering station, unless the vessel (C) River-current tables published by (iii) For a vessel of 300 tons gross engages in towing exclusively on the ACOE or a river authority, if tonnage or more that engages in towing, Western Rivers. available. the radar must meet RTCM (6) Electronic Position-Fixing Device. (ii) If the vessel is engaged other than Recommended Standards for Marine An electronic position-fixing device, in towing exclusively on Western Radar Equipment Installed on Ships of either a LORAN–C receiver or a satellite Rivers— 300 Tons Gross tonnage and Upwards, navigational system such as the Global (A) Coast Guard Light List; RTCM Paper 191–93/SC112–X, Version Positioning System (GPS) as required by (B) Notices to Mariners published by 1.2. § 164.41, if the vessel engages in towing the Defense Mapping Agency, or LNMs (iv) A vessel with an existing radar seaward of navigable waters of the U.S. published by the Coast Guard; must meet the applicable requirements or more than three nautical miles from (C) Tidal-current tables published by of paragraphs (a)(1) (i) through (iii) of shore on the Great Lakes. the NOS, or river-current tables this section by August 2, 1998; except (b) Each towing vessel must carry on published by the ACOE or a river that a vessel with an existing radar must board and maintain the following: authority: meet the display and stabilization (1) Charts or maps. Marine charts or (D) Tide tables published by the NOS; requirements of paragraph (a)(1)(ii)(B) of maps of the areas to be transited, and this section by August 2, 2001. published by the National Ocean (E) U.S. Coast Pilot. (2) Searchlight. A searchlight, Service (NOS), the ACOE, or a river (c) Table 164.72, following, directable from the vessel’s main authority that satisfy the following summarizes the navigational-safety steering station and capable of requirements: equipment, charts or maps, and illuminating objects at a distance of at (i) The charts or maps must be of a publications required for towing vessels least two times the length of the tow. large enough scale and have enough of 12 meters or more in length: 35074 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

TABLE 164.72.ÐEQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS OF TOWING VESSELS OF 12 METERS OR MORE IN LENGTH

Waters seaward of navigable waters Western rivers U.S. navigable waters other than West- and 3 NM or more from shore on the ern rivers Great Lakes

Marine Radar: Towing vessels RTCM Paper 71±95/SC112±STD Ver- RTCM Paper 71±95/SC112±STD Ver- RTCM Paper 71±95/SC112±STD Ver- of less than sion 1.1, Display Category II 1 Sta- sion 1.1, Display Category II 1 Sta- sion 1.1, Display Category I 2 Sta- 300 GT. bilization Category BRAVO. bilization Category BRAVO. bilization Category ALPHA. Towing vessels RTCM Paper 191±93/SC112±X Version RTCM Paper 191±93/SC112±X Version RTCM Paper 191±93/SC112±X Version of 300 GT or 1.2.1 1.2.1 1.2.1 more. Searchlight ...... X ...... X ...... X. VHF±FM radio X ...... X ...... X. Magnetic com- X 3 ...... X ...... X. pass. Swing-meter .... X 3 ...... Echo depth- ...... X ...... X. sounding de- vice. Electronic posi- X. tion-fixing de- vice. Charts or maps (1) Large enough scale ...... (1) Large enough scale ...... (1) Large enough scale. (2) Current edition or currently corrected (2) Current edition or currently corrected (2) Currently corrected edition. edition. edition. General publi- (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List. cations. (2) Notices to Navigation or Local Notice (2) Local Notices to Mariners ...... (2) Local Notices to Mariners. to Mariners. (3) River-current Tables ...... (3) Tidal-current Tables ...... (3) Tidal-current Tables. (4) Tide Tables ...... (4) Tide Tables. (5) U.S. Coast Pilot ...... (5) U.S. Coast Pilot.

NOTES: 1 Towing vessels with existing radar must meet this requirement by August 2, 1998. 2 Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the display and stabilization re- quirement until August 2, 2001. 3 A towing vessel may carry either a swing-meter or a magnetic compass.

§ 164.74 Towline and terminal gear for (ii) Spliced with a thimble, or have a in company files of a record of each towing astern. poured socket at its end; and retest of the towline’s minimum (a) Towline. The owner, master, or (iii) Free of wire clips except for breaking strength as determined by a operator of each vessel towing astern temporary repair, for which the towline class society authorized in § 157.04 of shall ensure that the strength of each must have a thimble and either five wire this chapter or by a tensile test that towline is adequate for its intended clips or as many wire clips as the meets API Specification 9A, Section 3; service, considering at least the manufacturer specifies for the nominal ASTM D4268–93; or Cordage Institute following factors: diameter and construction of the CIA 3, Standard Test Methods; (1) The size and material of each towline, whichever is more. towline must be— (iii) Conducting visual inspections of (3) The condition of each towline the towline in accordance with the (i) Appropriate for the horsepower or must be monitored through the— manufacturer’s recommendations, or at bollard pull of the vessel; (i) Keeping on board the towing vessel least monthly, and whenever the (ii) Appropriate for the static loads or in company files of a record of the serviceability of the towline is in doubt and dynamic loads expected during the towline’s initial minimum breaking (the inspections being conducted by the intended service; strength as determined by the (iii) Appropriate for the sea owner, master, or operator, or by a manufacturer, by a classification conditions expected during the person on whom the owner, master, or (‘‘class’’) society authorized in § 157.04 intended service; operator confers the responsibility to (iv) Appropriate for exposure to the of this chapter, or by a tensile test that meets API Specification 9A, take corrective measures appropriate for marine environment and to any the use of the towline); chemicals used or carried on board the Specification for Wire Rope, Section 3; (iv) Evaluating the serviceability of vessel; ASTM D4268–93, Standard Test Method (v) Appropriate for the temperatures for Testing Fiber Ropes; or Cordage the whole towline or any part of the of normal stowage and service on board Institute CIA 3, Standard Test Methods towline, and removing the whole or part the vessel; for Fiber Rope Including Standard from service either as recommended by (vi) Compatible with associated Terminations; the manufacturer or a class society navigational-safety equipment; and (ii) If the towline is purchased from authorized in § 157.04 of this chapter or (vii) Appropriate for the likelihood of another owner, master, or operator of a in accordance with a replacement mechanical damage. vessel with the intent to use it as a schedule developed by the owner, (2) Each towline as rigged must be— towline or if it is retested for any reason, master, or operator that accounts for at (i) Free of knots; keeping on board the towing vessel or least the— Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35075

(A) Nautical miles on, or time in ahead shall ensure that the face wires, the main steering gear from the service of, the towline; spring lines, and push gear used— alternative power supply, if installed; a (B) Operating conditions experienced (a) Are appropriate for the vessel’s verification of the rudder-angle by the towline; horsepower; indicator relative to the actual position (C) History of loading of the towline; (b) Are appropriate for the of the rudder; and a visual inspection of (D) Surface condition, including arrangement of the tow; the steering gear and its linkage. corrosion and discoloration, of the (c) Are frequently inspected; and (2) Navigational equipment. A test of towline; (d) Remain serviceable. all installed navigational equipment. (E) Amount of visible damage to the (3) Communications. Operation of all towline; § 164.78 Navigation under way: Towing vessels. internal vessel control communications (F) Amount of material deterioration and vessel-control alarms, if installed. indicated by measurements of diameter (a) The owner, master, or operator of each vessel towing shall ensure that (4) Lights. Operation of all and, if applicable, measurements of lay navigational lights and all searchlights. extension of the towline; and each person directing and controlling the movement of the vessel— (5) Terminal gear. Visual inspection (G) Point at which a tensile test of tackle; of connections of bridle and proves the minimum breaking strength (1) Understands the arrangement of the tow and the effects of maneuvering towing pendant, if applicable; of chafing of the towline inadequate by the gear; and of the winch brake, if standards of paragraph (a)(1) of this on the vessel towing and on the vessel, barge, or object being towed; installed. section, if necessary; and (6) Propulsion systems. Visual (v) Keeping on board the towing (2) Can fix the position of the vessel using installed navigational equipment, inspection of the spaces for main vessel or in company files of a record of propulsion machinery, of machinery, the material condition of the towline aids to navigation, geographic reference- and of devices for monitoring when inspected under paragraphs points, and hydrographic contours; (3) Does not fix the position of the machinery. (a)(3)(iii) and (iv) of this section. Once (b) The owner, master, or operator of this record lapses for three months or vessel using buoys alone (Buoys are aids to navigation placed in approximate each towing vessel of 1,600 GT or more more, except when a vessel is laid up or shall ensure that the following tests of out of service or has not deployed its positions either to alert mariners to equipment occur at the frequency towline, the owner, master, or operator hazards to navigation or to indicate the required by § 164.25 and that the shall retest the towline or remove it orientation of a channel. They may not following inspections of gear occur from service. maintain exact charted positions, before the vessel embarks on a voyage (b) Terminal gear. The owner, master, because strong or varying currents, of more than 24 hours or when each or operator of each vessel towing astern heavy seas, ice, and collisions with new master or operator assumes shall ensure that the gear used to vessels can move or sink them or set command: control, protect, and connect each them adrift. Although they may (1) Navigational equipment. Tests of towline meets the following criteria: corroborate a position fixed by other (1) The material and size of the means, they cannot fix a position; onboard equipment as required by terminal gear are appropriate for the however, if no other aids are available, § 164.25. (2) Terminal gear. Visual inspection strength and anticipated loading of the buoys alone may establish an estimated of tackle; of connections of bridle and towline and for the environment; position.); (2) Each connection is secured by at (4) Evaluates the danger of each towing pendant, if applicable; of chafing least one nut with at least one cotter pin closing visual or radar contact; gear; and of the winch brake, if or other means of preventing its failure; (5) Knows and applies the variation installed. (3) The lead of the towline is and deviation, where a magnetic § 164.82 Maintenance, failure, and appropriate to prevent sharp bends in compass is fitted and where charts or reporting. maps have enough detail to enable this the towline from fairlead blocks, chocks, (a) Maintenance. The owner, master, type of correction; or tackle; or operator of each towing vessel shall (6) Knows the speed and direction of (4) There is provided a method, maintain operative the navigational- the current, set, drift, and tidal state for whether mechanical or non-mechanical, safety equipment required by § 164.72. the area to be transited; and that does not endanger operating (b) Failure. If any of the navigational- personnel but that easily releases the (7) Proceeds at a speed prudent for the weather, visibility, traffic density, tow safety equipment required by § 164.72 towline; fails during a voyage, the owner, master, (5) The towline is protected from draft, possibility of wake damage, speed or operator of the towing vessel shall abrasion or chafing by chafing gear, of the current, and local speed-limits. exercise due diligence to repair it at the lagging, or other means; (b) The owner, master, or operator of (6) Except on board a vessel towing in each vessel towing shall ensure that the earliest practicable time. He or she shall ice on Western Rivers or one using a tests and inspections required by enter its failure in the log or other towline of synthetic or natural fiber, § 164.80 are conducted and that the record carried on board. The failure of there is fitted a winch that evenly spools results are entered in the log or other equipment, in itself, does not constitute and tightly winds the towline; and record carried on board. a violation of this rule; nor does it (7) If a winch is fitted, there is constitute unseaworthiness; nor does it attached to the main drum a brake that § 164.80 Tests and inspections. obligate an owner, master, or operator to has holding power appropriate for the (a) The owner, master, or operator of moor or anchor the vessel. However, the horsepower or bollard pull of the vessel each towing vessel of less than 1,600 GT owner, master, or operator shall and can be operated without power to shall ensure that the following tests and consider the state of the equipment— the winch. inspections of gear occur before the along with such factors as weather, vessel embarks on a voyage of more than visibility, traffic, and the dictates of § 164.76 Towline and terminal gear for 24 hours or when each new master or good seamanship—in deciding whether towing alongside and pushing ahead. operator assumes command: it is safe for the vessel to proceed. The owner, master, or operator of (1) Steering-systems. A test of the (c) Reporting. The owner, master, or each vessel towing alongside or pushing steering-gear-control system; a test of operator of each towing vessel whose 35076 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations equipment is inoperative or otherwise (3) Any characteristics of the vessel (1) The initial notice and request for impaired while the vessel is operating that affect or restrict the a deviation and an authorization may be within a Vessel Traffic Service (VTS) maneuverability of the vessel, such as spoken, but the request must also be Area shall report the fact as required by arrangement of cargo, trim, loaded written. The written request must 33 CFR 161.124. (33 CFR 161.124 condition, under-keel clearance, and explain why immediate repair is requires that each user of a VTS report speed.) impracticable, and state when and by to the Vessel Traffic Center as soon as (d) Deviation and authorization. The whom the repair will be made. practicable: owner, master, or operator of each (2) The COTP, upon receiving even a towing vessel unable to repair within 96 spoken request, may grant a deviation (1) Any absence or malfunction of hours an inoperative marine radar vessel-operating equipment for and an authorization from any of the required by § 164.72(a) shall so notify provisions of §§ 164.70 through 164.82 navigational safety, such as propulsion the Captain of the Port (COTP) and shall machinery, steering gear, radar, for a specified time if he or she decides seek from the COTP both a deviation that they would not impair the safe gyrocompass, echo depth-sounding or from the requirements of this section other sounding device, automatic navigation of the vessel under and an authorization for continued anticipated conditions. dependent surveillance equipment, or operation in the area to be transited. navigational lighting; Failure of redundant navigational-safety Dated: June 26, 1996. (2) Any condition on board the vessel equipment, including but not limited to J.C. Card, likely to impair navigation, such as failure of one of two installed radars, Rear Admiral, U.S. Coast Guard, Chief, shortage of personnel or lack of current where each satisfies § 164.72(a), does Marine Safety and Environmental Protection. nautical charts or maps, or publications; not necessitate either a deviation or an [FR Doc. 96–16892 Filed 7–2–96; 8:45 am] and authorization. BILLING CODE 4910±14±M federal register July 3,1996 Wednesday Against Germany Restrict TitleVIITradeActionTaken Germany UnderTitleVIIandModifyor Delegation ofAuthorityToIdentify Presidential DeterminationNo.96±36Ð The President Part IX 35077

35079

Federal Register Presidential Documents Vol. 61, No. 129

Wednesday, July 3, 1996

Title 3— Presidential Determination No. 96-36 of June 28, 1996

The President Delegation of Authority To Identify Germany Under Title VII and Modify or Restrict Title VII Trade Action Taken Against Germany

Memorandum for the United States Trade Representative

By the authority vested in me by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to the United States Trade Representative the powers granted the President: (1) in section 305(g)(1)(A) of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2515(g)(1)(A) (the ‘‘Act’’)), to formally identify Germany as a country that discriminates against U.S. products or services in government procurement of heavy electrical equipment; and (2) in section 305(g)(2) of the Act to impose, modify, or restrict sanctions in response to the discrimination so identified.You are authorized and di- rected to publish this memorandum in the Federal Register. œ–

THE WHITE HOUSE, Washington, June 28, 1996. [FR Doc. 96–17241 Filed 7–2–96; 11:40 am] Billing code 3190–01–P federal register July 3,1996 Wednesday Trade AgreementsActof1979;Notice Determination UnderSection305ofthe Representative States Trade Office oftheUnited Part X 35081 35082 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

OFFICE OF THE UNITED STATES hereby determine that immediate If the 60-day period of consultations TRADE REPRESENTATIVE imposition of the sanctions specified in specified in the statute is not successful section 305(g)(1)(B) of the Act would in resolving U.S. concerns, the President Determination Under Section 305 of harm the public interest of the United is required to make this determination. the Trade Agreements Act of 1979 States, and accordingly postpone Although the United States held imposition of those sanctions so that consultations with the Commission of AGENCY: Office of the United States they will take effect September 30, 1996. the European Communities, Trade Representative. representing Germany, to address the ACTION: Determination Under Section Reasons for a Determination practices cited in the Title VII report, 305 of the Trade Agreements Act of U.S. concerns have not yet been 1979. On April 30, 1996, in the Administration’s annual report to the addressed by Germany in a satisfactory manner. Therefore, pursuant to the Pursuant to section 305(g)(1) of the Congress under Title VII of the Omnibus requirements of the statute, I have Trade Agreements Act of 1979, as Trade and Competitiveness Act of 1988 determined to identify Germany. amended (19 U.S.C. 2515(g)(1)(A)), and (section 305 of the Trade Agreements However, in light of progress in these the authority vested in me by the Act of 1979, as amended), the consultations, I am postponing President pursuant to Presidential Administration identified Germany for implementation of the sanctions until Determination 96–36, I hereby identify discrimination in the procurement of September 30, 1996, to provide an Germany as a country that maintains in heavy electrical equipment. Specifically opportunity to resolve remaining U.S. government procurement, a significant cited was the failure of Germany to concerns by then. and persistent pattern or practice of implement the provisions of the 1993 discrimination against United States U.S.-European Union (EU) This determination shall be published products or services which results in Memorandum of Understanding on in the Federal Register. identifiable harm to United States Government Procurement (MOU), Ambassador Charlene Barshefsky, businesses. Pursuant to section 305(g)(2) which requires Germany, among other Acting United States Trade Representative. of the Trade Agreements Act of 1979, as things, to give U.S. suppliers access to [FR Doc. 96–17240 Filed 7–2–96; 11:33 am] amended, on behalf of the President, I an effective remedies system. BILLING CODE 3110±01±M i

Reader Aids Federal Register Vol. 61, No. 129 Wednesday, July 3, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 39...... 34767 Laws 3 CFR 71 ...... 34391, 34393, 34394, Public Laws Update Services (numbers, dates, etc.) 523±6641 Administrative Orders: 34395, 34396, 34397, 34398, For additional information 523±5227 Presidential Determinations: 34769 No. 96±36 of June 28, Presidential Documents 1996 ...... 35075 15 CFR Executive orders and proclamations 523±5227 902 ...... 34570, 34930, 34966 The United States Government Manual 523±5227 5 CFR Proposed Rules: Other Services 530...... 34713 922...... 33876 531...... 34713 Electronic and on-line services (voice) 523±4534 534...... 34713 19 CFR Privacy Act Compilation 523±3187 550...... 34713 10...... 33845 523±5229 TDD for the hearing impaired 575...... 34713 12...... 33845 581...... 34713 102...... 33845 ELECTRONIC BULLETIN BOARD 582...... 34713 134...... 33845 630...... 34713 Free Electronic Bulletin Board service for Public Law numbers, 21 CFR 7 CFR Federal Register finding aids, and list of documents on public 177...... 34370 inspection. 202±275±0920 400...... 34367 178...... 33846 868...... 34714 FAX-ON-DEMAND 452...... 34726 1493...... 33825 520...... 34727 You may access our Fax-On-Demand service. You only need a fax Proposed Rules: 522...... 34727 machine and there is no charge for the service except for long 300...... 34379 529...... 34727 distance telephone charges the user may incur. The list of 319...... 34379 558...... 34727 documents on public inspection and the daily Federal Register’s 1240...... 34385 table of contents are available using this service. The document 24 CFR 9 CFR numbers are 7050-Public Inspection list and 7051-Table of 203...... 35024 Contents list. The public inspection list will be updated 112...... 33840 206...... 35014 immediately for documents filed on an emergency basis. 113...... 33840 25 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON Proposed Rules: FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1...... 34386 10...... 34371 public inspection may be viewed and copied in our office located 3...... 34386, 34389 Proposed Rules: at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 11...... 34747 21...... 33876 telephone number is: 301±713±6905 391...... 34747 45...... 34399 152...... 34400 12 CFR FEDERAL REGISTER PAGES AND DATES, JULY 324...... 33842 28 CFR 33825±34366...... 1 Proposed Rules: 42...... 34729 34367±34712...... 2 207...... 33874 Proposed Rules: 218...... 34749 34713±35082...... 3 31...... 34770 220...... 33874 221...... 33874 29 CFR 250...... 34749 Ch. XXVI...... 34002 327...... 34751 Ch. XL...... 34002 2509...... 33847 14 CFR 2520...... 33847 1...... 34508 2550...... 33847 25...... 34716 Proposed Rules: 29...... 33963 Ch. XIV ...... 34405 39 ...... 33874, 34368, 34718 61...... 34508 30 CFR 71 ...... 33843 33844, 33845, 256...... 34730 34720, 34721, 34722, 34723 91...... 34508 33 CFR 121...... 34508, 34927 125...... 34508 164...... 35064 135...... 34508, 34927 334...... 34732 141...... 34508 Proposed Rules: 142...... 34508 154...... 34775 211...... 34724 155...... 34775 213...... 34724 Proposed Rules: 38 CFR 25...... 35056 1...... 33850 ii Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Reader Aids

Proposed Rules: 67...... 33856 50 CFR 1...... 33878 Proposed Rules: 622...... 34930 40 CFR 67...... 33882 625...... 34966 630...... 34746 9...... 33851, 34202 46 CFR 638...... 34930 55...... 34202 111...... 34927 641...... 34930 63...... 34140 642...... 34785 70...... 34733 47 CFR 645...... 34930 71...... 34202 20...... 33859 646...... 34930 180...... 34739, 34741 647...... 34930 257...... 34253 22...... 34375 24...... 33850 648...... 34966 261...... 34252 650...... 34966 271...... 34252 36...... 34375 73 ...... 34368, 34743, 34744 651...... 34966 Proposed Rules: 90...... 34375 652...... 34966 80...... 34775 653...... 34930 Proposed Rules: 81...... 33879 655...... 34966 Ch. I ...... 34405 90...... 34778 657...... 34966 260...... 33881 73 ...... 34406, 34407, 34784, 658...... 34930 261...... 33881 34785 659...... 34930 262...... 33881 76...... 34408, 34409 660...... 34570 661...... 34570 264...... 33881 49 CFR 268...... 33881 663...... 34570 269...... 33881 1...... 34745 669...... 34930 271...... 33881 233...... 33871 670...... 34930 235...... 33871 679...... 34377 42 CFR 236...... 33871 680...... 34570 Proposed Rules: 571...... 33891 681...... 34570 410...... 34614 Proposed Rules: 683...... 34570 415...... 34614 1...... 33886 685...... 34570 8...... 33886 697...... 34746 44 CFR 192...... 34410, 34413 Proposed Rules: 65...... 33852, 33854 195...... 34410, 34413 642...... 34785 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Reader Aids iii

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published 6-11- HOUSING AND URBAN INTERIOR DEPARTMENT Fishery conservation and 96 DEVELOPMENT Indian Affairs Bureau management: Wisconsin; comments due DEPARTMENT Mortgage and loan insurance Delaware Indians of Western Bering Sea and Aleutian by 7-11-96; published 6- programs: Oklahoma, Delaware Islands groundfish; 11-96 Indians, and Indians of San comments due by 7-8-96; Air quality planning purposes; Home equity conversion Pasqual Band; membership published 6-12-96 designation of areas: mortgage insurance rolls; CFR parts removed; Gulf of Mexico reef fish; Idaho; correction; comments demonstration; use of published 6-3-96 comments due by 7-8-96; due by 7-12-96; published direct endorsement published 5-14-96 6-12-96 program; comments due TRANSPORTATION by 7-9-96; published 5-10- DEPARTMENT National Weather Service; Clean Air Act: modernization criteria; 96 Organization, functions, and Acid rain provisions-- comments due by 7-8-96; INTERIOR DEPARTMENT authority delegations: Direct sale elimination and published 6-6-96 Surface Mining Reclamation Commandant, Coast Guard; independent power and Enforcement Office COMMODITY FUTURES producers written published 7-3-96 Federal regulatory review: TRADING COMMISSION guarantee program; TRANSPORTATION Contract markets: comments due by 7-8- Permanent program and DEPARTMENT abandoned mine land Trading cards and trading 96; published 6-6-96 Federal Aviation reclamation plan records; correction of Direct sale elimination and Administration submissions; comments erroneous information; independent power due by 7-8-96; published Airworthiness directives: procedures; comments producers written 5-8-96 McDonnell Douglas; due by 7-8-96; published guarantee program; published 5-29-96 6-6-96 comments due by 7-8- Permanent program and 96; published 6-6-96 abandoned mine land CONSUMER PRODUCT reclamation plan COMMENTS DUE NEXT SAFETY COMMISSION Drinking water: submissions: WEEK Consumer Product Safety Act: National primary drinking Ohio; comments due by 7- Multi-purpose lighters; child- water regulations-- 11-96; published 6-11-96 AGRICULTURE resistance standard; Lead and copper; Virginia; comments due by DEPARTMENT rulemaking petition; comments due by 7-11- 7-11-96; published 6-11- comments due by 7-8-96; 96; published 4-12-96 Agricultural Marketing 96 published 5-7-96 Service FEDERAL JUSTICE DEPARTMENT ENERGY DEPARTMENT COMMUNICATIONS Federal Bureau of Agricultural commodities; U.S. COMMISSION grade standards and other Federal Energy Regulatory Investigation selected regulations; Commission Common carrier services: Communications Assistance removal from CFR; Federal Electric utilities (Federal Power Telecommunications Act of for Law Enforcement Act of regulatory reform; comment Act): 1996; implementation-- 1994; cost recovery period extension; comments Open access same-time Local competition regulations; comments due due by 7-9-96; published 3- information system provisions; comments by 7-9-96; published 5-10- 11-96 (formerly real-time due by 7-8-96; 96 Limes grown in Florida and information networks) and published 7-2-96 JUSTICE DEPARTMENT imported; comments due by standards of conduct for Radio stations; table of Civil Liberties Act redress 7-8-96; published 6-26-96 public utilities assignments: provisions: iv Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Reader Aids

Persons of Japanese Ports and waterways safety: Omnibus Transportation VETERANS AFFAIRS ancestry San Diego Bay, CA; Employee Testing Act of DEPARTMENT Individuals who relocated security zone; comments 1991-- to Japan as minors due by 7-8-96; published Preemployment alcohol Disabilities rating schedule: during World War II; 5-23-96 testing requirements; guidelines; comments TRANSPORTATION comments due by 7-8- Fibromyalgia; comments due due by 7-12-96; DEPARTMENT 96; published 5-9-96 by 7-8-96; published 5-7- published 6-12-96 Federal Aviation TRANSPORTATION 96 LABOR DEPARTMENT Administration DEPARTMENT Occupational Safety and Air carrier certification and Federal Railroad Health Administration operations: Administration Shipyard employment safety Omnibus Transportation LIST OF PUBLIC LAWS and health standards: Employee Testing Act of Omnibus Transportation Fire Protection in Shipyard 1991-- Employee Testing Act of 1991: Employment Negotiated Preemployment alcohol This is a list of public bills Rulemaking Advisory testing requirements; Preemployment alcohol from the 104th Congress Committee; meeting; comments due by 7-8- testing requirements; which have become Federal comments due by 7-8-96; 96; published 5-9-96 comments due by 7-8-96; laws. It may be used in published 5-9-96 published 6-6-96 Airworthiness directives: conjunction with ``P L U S'' LIBRARY OF CONGRESS Beech; comments due by 7- Rail passenger equipment (Public Laws Update Service) safety standards; comments Copyright Office, Library of 8-96; published 5-30-96 on 202±523±6641. The text of Congress due by 7-9-96; published 6- Boeing; comments due by laws is not published in the Copyright licenses; 7-8-96; published 5-9-96 17-96 Federal Register but may be subscription digital Learjet; comments due by TRANSPORTATION ordered in individual pamphlet transmissions; notice and 7-8-96; published 5-30-96 DEPARTMENT form (referred to as ``slip recordkeeping; comments McDonnell Douglas; Federal Transit laws'') from the due by 7-12-96; published comments due by 7-8-96; Administration 5-13-96 published 5-9-96 Superintendent of Documents, Omnibus Transportation SECURITIES AND New Piper Aircraft, Inc.; U.S. Government Printing Employee Testing Act of Office, Washington, DC 20402 EXCHANGE COMMISSION comments due by 7-8-96; 1991: Securities, etc.: published 5-3-96 (phone, 202±512±2470). Preemployment alcohol Independent Offices Airworthiness Directives: testing requirements; Appropriations Act fees; New Piper Aircraft, Inc.; H.R. 3029/P.L. 104±151 elimination; comments due comments due by 7-8-96; comments due by 7-8-96; by 7-8-96; published 5-22- published 5-3-96 published 5-9-96 To designate the United 96 Class E airspace; comments TRANSPORTATION States courthouse in TRANSPORTATION due by 7-8-96; published 5- DEPARTMENT Washington, District of DEPARTMENT 22-96 National Highway Traffic Columbia, as the ``E. Barrett Coast Guard TRANSPORTATION Safety Administration Prettyman United States Drawbridge operations: DEPARTMENT Fuel economy program, Courthouse''. (July 1, 1996; New York; comments due Federal Highway automotive; semi-annual 110 Stat. 1383) by 7-12-96; published 5- Administration reports; comments due by 13-96 Motor carrier safety standards: 7-12-96; published 5-13-96 Last List June 5, 1996