11–15–95 wednesday vol. 60 no. 220 november 15, … · contents federal register iii vol. 60,...

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WednesdayNovember 15, 1995Vol. 60 No. 220

Pages 57313–57532

11–15–95

Briefings on How To Use the Federal RegisterFor information on briefings in Washington, DC, seeannouncement on the inside cover of this issue.

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FEDERAL REGISTER Published daily, Monday through Friday,(not published on Saturdays, Sundays, or on official holidays), bythe Office of the Federal Register, National Archives and RecordsAdministration, Washington, DC 20408, under the Federal RegisterAct (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and theregulations of the Administrative Committee of the Federal Register(1 CFR Ch. I). Distribution is made only by the Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC20402.The Federal Register provides a uniform system for makingavailable to the public regulations and legal notices issued byFederal agencies. These include Presidential proclamations andExecutive Orders and Federal agency documents having generalapplicability and legal effect, documents required to be publishedby act of Congress and other Federal agency documents of publicinterest. Documents are on file for public inspection in the Officeof the Federal Register the day before they are published, unlessearlier filing is requested by the issuing agency.The seal of the National Archives and Records Administrationauthenticates this issue of the Federal Register as the official serialpublication established under the Federal Register Act. 44 U.S.C.1507 provides that the contents of the Federal Register shall bejudicially noticed.

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Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995

WASHINGTON, DC[Two Sessions]

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WHERE: Office of the Federal Register ConferenceRoom, 800 North Capitol Street, NW.,Washington, DC (3 blocks north of UnionStation Metro)

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Contents Federal Register

III

Vol. 60, No. 220

Wednesday, November 15, 1995

Agency for Health Care Policy and ResearchNOTICESMedical technology assessments:

Lung volume reduction surgery, 57432–57433

Agriculture DepartmentSee Animal and Plant Health Inspection ServiceSee Food and Consumer ServiceSee Rural Utilities Service

Animal and Plant Health Inspection ServiceRULESExportation and importation of animals and animal

products:Pork and pork products from Mexico transiting United

States, 57313–57315

Centers for Disease Control and PreventionNOTICESMeetings:

Disease, Disability, and Injury Prevention and Controlspecial emphasis panel, 57433

Vital and Health Statistics National Committee, 57433Passenger cruise ships; sanitation inspections; fees, 57433–

57434

Coast GuardRULESPorts and waterways safety:

East River, NY; safety zone, 57341–57342Long Island Sound, NY; safety zone

Yale party fireworks, 57342–57343NOTICESCommittees; establishment, renewal, termination, etc.:

Chemical Transportation Advisory Committee, 57475–57476

Commerce DepartmentSee Economic Analysis BureauSee International Trade AdministrationSee National Oceanic and Atmospheric Administration

Committee for the Implementation of Textile AgreementsNOTICESCotton, wool, and man-made textiles:

Costa Rica, 57406Guatemala, 57403–57404Merchandise shipments in excess of agreement limits,

57404Taiwan, 57405–57406Ukraine, 57405United Mexican States, 57404–57405

Special access and special regime programs; participationdenial:

New Continental Sportswear, 57406–57407

Comptroller of the CurrencyRULESInformation availability and release; municipal securities

dealers, Securities Exchange Act disclosures, andnational banks financial information disclosure, 57315–57333

Corporation for National and Community ServiceNOTICESMeetings:

Civilian Community Corps Advisory Board, 57403

Economic Analysis BureauRULESInternational services surveys:

Foreign direct investments in U.S.—BE–82; transactions between U.S. financial services

providers and unaffiliated foreign persons, 57335–57337

Education DepartmentNOTICESAgency information collection activities under OMB

review:Proposed agency information collection activities;

comment request, 57407Individuals with disabilities:

National Institute on Disability and RehabilitationResearch; long-range rehabilitative research plan;hearings and comment request, 57407–57408

Employment and Training AdministrationNOTICESAgency information collection activities under OMB


comment request, 57456–57457

Energy DepartmentSee Federal Energy Regulatory CommissionSee Hearings and Appeals Office, Energy DepartmentNOTICESAtomic energy agreements; subsequent arrangements;

correction, 57408Floodplain and wetlands protection; environmental review

determinations; availability, etc.:Middlesex Sampling Plant Site, NJ, 57408–57409

Environmental Protection AgencyRULESClean Air Act:

State operating permits programs—Alabama, 57346–57352North Carolina, 57357–57361West Virginia, 57352–57357

Pesticides; tolerances in food, animal feeds, and rawagricultural commodities:

Avermectin B1 and its delta-8,9-isomer, 57364–57365Metalaxyl, 57361–57364

PROPOSED RULESAir pollution; standards of performance for new stationary

sources:Industrial-commercial-institutional steam generating

units, 57373–57375Pesticides; tolerances in food, animal feeds, and raw

agricultural commodities:1,2-ethanediamine, polymer with oxirane and

methyloxirane, 57377–57379

IV Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole (propiconazole), 57375–57377

Benzamide (pronamide), 57379–57382Superfund program:

Toxic chemical release reporting community right-to-know—

Hydrochloric acid, 57382–57386NOTICESAgency information collection activities under OMB

review, 57416–57417Pesticide, food, and feed additive petitions:

Nihon Nohyaku Co., Ltd., et al., 57419–57422Zeneca AG Products et al., 57422–57423

Pesticide registration, cancellation, etc.:DowElanco et al., 57417–57418Sankyo Co., 57418–57419

Toxic and hazardous substances control:Premanufacture notices receipts, 57498–57524

Executive Office of the PresidentSee Trade Representative, Office of United States

Federal Aviation AdministrationRULESAir carrier certification and operations:

Advanced qualification program (SFAR No. 58);termination date

Correction, 57334Omnibus Transportation Employee Testing Act of 1991—

Preemployment alcohol testing requirementsuspension; correction, 57335

Airworthiness directives:New Piper Aircraft, Inc., 57333–57334

Colored and Alaskan Federal airways, 57334–57335NOTICESExemption petitions; summary and disposition, 57476–

57477Meetings:

Aviation Rulemaking Advisory Committee, 57477Passenger facility charges; applications, etc.:

San Jose, CA, et al., 57478–57479

Federal Communications CommissionRULESCommon carrier services:

Multipoint distribution service and instructionaltelevision fixed service, including electronic andcompetitive bidding; filing procedures

Reconsideration petition, 57365–57368Radio stations; table of assignments:

New Mexico, 57368–57369Tennessee et al., 57368

NOTICESPersonal communications services:

Broadband PCS C block auction; FCC Form 175application software; new features, 57424

Television broadcasting:Commercial video dialtone system; cable services rates—

Dover Township, NJ, 57424–57428

Federal Energy Regulatory CommissionNOTICESElectric rate and corporate regulation filings:

Pacific Gas & Electric Co. et al., 57410–57413Environmental statements; availability, etc.:

Consumers Power Co. et al., 57413Georgia Power Co., 57409

Paiute Pipeline Co., 57413Applications, hearings, determinations, etc.:

Northern Border Pipeline Co., 57409South Georgia Natural Gas Co. et al., 57410Tennessee Gas Pipeline Co., 57409Viking Gas Transmission Co., 57410Williston Basin Interstate Pipeline Co., 57410

Federal Reserve SystemNOTICESApplications, hearings, determinations, etc.:

Bourbon Bancshares, Inc., 57428Eastern Bank Corp. et al., 57428–57429Huntington Bancshares, Inc., 57429Societe Generale et al., 57430Stewart, Robert H., Jr., et al., 57429–57430

Federal Trade CommissionNOTICESPremerger notification waiting periods; early terminations,

57430–57432

Fish and Wildlife ServicePROPOSED RULESEndangered and threatened species:

Black-footed ferrets—Aubrey Valley, AZ; experimental population, 57387–

57396Importation, exportation, and transportation of wildlife:

General provisions and general permit procedures,57386–57387

Food and Consumer ServiceNOTICESAgency information collection activities under OMB


comment request, 57397

Food and Drug AdministrationRULESFood additives:

Adhesive coatings and components—Silver chloride-coated titanium dioxide, 57338–57339

Organization, functions, and authority delegations:Center for Drug Evaluation and Research, 57337–57338

NOTICESFood additive petitions:

Sasol Alpha Olefins, 57434Meetings:

Biopharmaceuticals and other biotechnology derivedproducts; development and manufacture; regulatorypolicy issues; public workshops, 57434–57435

Foreign Claims Settlement CommissionNOTICESMeetings; Sunshine Act, 57482

Health and Human Services DepartmentSee Agency for Health Care Policy and ResearchSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Health Care Financing AdministrationSee Inspector General Office, Health and Human Services

DepartmentSee National Institutes of HealthSee Program Support CenterSee Public Health Service

VFederal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

NOTICESScientific misconduct findings; administrative actions:

Weiser, Weishu Y., Ph.D., 57448

Health Care Financing AdministrationSee Inspector General Office, Health and Human Services

DepartmentNOTICESAgency information collection activities under OMB


comment request, 57435Medicare and Medicaid:

Program issuances and coverage decisions; quarterlylisting, 57435–57448

Hearings and Appeals Office, Energy DepartmentNOTICESPetroleum violation escrow funds; excess determinations,

57413–57416

Housing and Urban Development DepartmentRULESMortgage and loan insurance programs:

Single family mortgages nonjudicial foreclosure, 57484–57496

NOTICESOrganization, functions, and authority delegations:

General Counsel et al., 57526

Inspector General Office, Health and Human ServicesDepartment

NOTICESProgram exclusions; list, 57448–57450

Interior DepartmentSee Fish and Wildlife ServiceSee Land Management BureauSee Minerals Management ServiceSee National Park Service

International Trade AdministrationNOTICESAntidumping:

Industrial phosphoric acid from—Belgium, 57398–57399

Interstate Commerce CommissionNOTICESEnvironmental statements; availability, etc.:

Utah Railway Co. et al., 57456

Justice DepartmentSee Foreign Claims Settlement CommissionSee Juvenile Justice and Delinquency Prevention OfficeRULESExecutive Office for Immigration Review:

Board of Immigration Appeals adjudication procedures;amendments, 57313

Juvenile Justice and Delinquency Prevention OfficeNOTICESMeetings:

Coordinating Council, 57456

Labor DepartmentSee Employment and Training AdministrationSee Occupational Safety and Health Administration

NOTICESAgency information collection activities under OMB



Land Management BureauNOTICESRealty actions; sales, leases, etc.:

Oregon, 57453–57454

Legal Services CorporationNOTICESMeetings; Sunshine Act, 57482

Minerals Management ServiceNOTICESAgency information collection activities under OMB


comment request, 57454

National Highway Traffic Safety AdministrationNOTICESMotor vehicle safety standards:

Nonconforming vehicles—Importation eligibility; determinations, 57479–57480

National Institutes of HealthNOTICESMeetings:

National Institute of Dental Research, 57450National Institute on Deafness and Other Communication

Disorders, 57450Recombinant DNA Advisory Committee, 57528Research Grants Division special emphasis panels, 57450Undergraduate scholarship program for individuals from

disadvantaged backgrounds; development, 57450–57451

Recombinant DNA molecules research:Actions under guidelines

Proposed, 57528–57531

National Oceanic and Atmospheric AdministrationNOTICESOcean and coastal resource management:

National Estuarine Research Reserve System; candidatesite nomination; meeting, 57399–57400

Permits:Endangered and threatened species, 57400–57403Marine mammals, 57402Marine mammals and endangered and threatened species,

57400–57401

National Park ServiceNOTICESEnvironmental statements; availability, etc.:

Carlsbad Caverns National Park, NM, 57454–57455National Register of Historic Places:

Pending nominations, 57455–57456

National Science FoundationNOTICESAgency information collection activities under OMB



VI Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

Nuclear Regulatory CommissionPROPOSED RULESProduction and utilization facilities; domestic licensing:

RuleNet; pilot computer based program establishment tomaximize communication between NRC and public,57370–57372

NOTICESMeetings; Sunshine Act, 57482Regulatory guides; issuance, availability, and withdrawal,

57461–57462Applications, hearings, determinations, etc.:

Niagara Mohawk Power Corp., 57459Petrotomics Co., 57459–57460Portland General Electric Co., 57460–57461

Occupational Safety and Health AdministrationNOTICESMeetings:

Occupational Safety and Health National AdvisoryCommittee, 57458

Office of United States Trade RepresentativeSee Trade Representative, Office of United States

Pension Benefit Guaranty CorporationRULESMultiemployer and single-employer plans:

Valuation of plan benefits, etc.—Interest rates, etc., 57339–57341

PROPOSED RULESPrivacy Act; implementation, 57372–57373NOTICESPrivacy Act:

Systems of records, 57462–57471

Postal ServiceRULESOrganization and administration:

Release of information and records management, 57343–57346

Program Support CenterNOTICESOrganization, functions, and authority delegations:

Human Resources Service et al., 57452–57453

Public Health ServiceSee Agency for Health Care Policy and ResearchSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee National Institutes of HealthNOTICESMeetings:

National Toxicology Program; Scientific CounselorsBoard, 57451–57452

Railroad Retirement BoardNOTICESRailroad Unemployment Insurance Act:

Employer contribution rates, 57471

Rural Utilities ServiceNOTICESEnvironmental statements; availability, etc.:

Tri-State Generation and Transmission Association, Inc.,57397–57398

Securities and Exchange CommissionNOTICESSelf-regulatory organizations; proposed rule changes:

New York Stock Exchange, Inc., 57473–57474Applications, hearings, determinations, etc.:

First American Investment Funds, Inc., et al., 57471–57473

Small Business AdministrationNOTICESDisaster loan areas:

Florida, 57474–57475Pennsylvania et al., 57475

License surrenders:First Legacy Fund, Inc., 57475

Meetings:Specialized Small Business Investment Company

Advisory Council, 57475

State DepartmentNOTICESMeetings:

International Telecommunications Advisory Committee,57475

Textile Agreements Implementation CommitteeSee Committee for the Implementation of Textile

Agreements

Trade Representative, Office of United StatesNOTICESMeetings:

Investment and Services Policy Advisory Committee,57480

Trade Policy and Negotiations Advisory Committee,57481

Transportation DepartmentSee Coast GuardSee Federal Aviation AdministrationSee National Highway Traffic Safety AdministrationNOTICESAviation proceedings:

Agreements filed; weekly receipts, 57476Certificates of public convenience and necessity and

foreign air carrier permits; weekly applications,57476

Treasury DepartmentSee Comptroller of the CurrencyRULESInformation availability and release; municipal securities

dealers, Securities Exchange Act disclosures, andnational banks financial information disclosure, 57315–57333

NOTICESBoycotts, international:

Countries requiring cooperation; list, 57480

Separate Parts In This Issue

Part IIDepartment of Housing and Urban Development, 57484–

57496

Part IIIEnvironmental Protection Agency, 57498–57524

VIIFederal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

Part IVDepartment of Housing and Urban Development, 57526

Part VDepartment of Health and Human Services, National

Institutes of Health, 57528–57531

Reader AidsAdditional information, including a list of public laws,telephone numbers, and finding aids, appears in the ReaderAids section at the end of this issue.

Electronic Bulletin BoardFree Electronic Bulletin Board service for Public Lawnumbers, Federal Register finding aids, and a list ofdocuments on public inspection is available on 202–275–1538 or 275–0920.

CFR PARTS AFFECTED IN THIS ISSUE

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

VIII Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

8 CFR3.......................................57313

9 CFR94.....................................57313

10 CFRProposed Rules:50.....................................57370

12 CFR4.......................................5731510.....................................5731511.....................................5731518.....................................57315

14 CFR39.....................................5733361.....................................5733463.....................................5733465.....................................5733471.....................................57334108...................................57334121 (2 documents) .........57334,

57335135...................................57334

15 CFR801...................................57335

21 CFR5.......................................57337175...................................57338

24 CFR29.....................................57484

29 CFR2619.................................573392676.................................57339Proposed Rules:2607.................................57372

31 CFR1.......................................57315

33 CFR165 (2 documents) .........57341,

57342

39 CFR224...................................57343261...................................57343262...................................57343263...................................57343264...................................57343265...................................57343266...................................57343267...................................57343268...................................57343

40 CFR70 (3 documents) ...........57346,

57352, 57357180 (2 documents) .........57361,

57364Proposed Rules:60.....................................57373180 (3 documents) .........57375,

57377, 57379372...................................57382

47 CFR21.....................................5736573 (2 documents) ............5736874.....................................57365

50 CFRProposed Rules:10.....................................5738613.....................................5738617 (2 documents) ...........57386,

57387

This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.

Rules and Regulations Federal Register

57313

Vol. 60, No. 220


DEPARTMENT OF JUSTICE

8 CFR Part 3

[EOIR No. 110F; AG Order No. 1997–95]

RIN 1125–AA11

Executive Office for ImmigrationReview; Board of Immigration AppealsAdjudication Procedures

AGENCY: Department of Justice.ACTION: Final rule.

SUMMARY: This final rule amends theDepartment’s regulation on the generalauthorities of the Board of ImmigrationAppeals (Board) to expand thecircumstances under which theChairman of the Board may designatethe Chief Attorney Examiner of theExecutive Office for ImmigrationReview (EOIR) as an Alternate BoardMember. This final rule also changes theBoard’s procedure for adjudicatingcertain types of motions, specifically,unopposed motions and motions towithdraw an appeal. This final rule isnecessary to ensure the effective andefficient operation of the Board.EFFECTIVE DATE: This final rule iseffective November 15, 1995.FOR FURTHER INFORMATION CONTACT:Margaret M. Philbin, General Counsel,Executive Office for ImmigrationReview, Suite 2400, 5107 Leesburg Pike,Falls Church, Virginia 22041, telephone(703) 305–0470.SUPPLEMENTARY INFORMATION: The ChiefAttorney Examiner presently serves asan Alternate Board Member in instanceswhere a Board Member or Members areabsent or unavailable and hisparticipation is deemed necessary bythe Chairman. This rule will expand thecircumstances under which theChairman may designate the ChiefAttorney Examiner as an AlternateBoard Member by also enabling theChairman to do so for good cause. This

change will increase the Board’sflexibility and efficiency.

Additionally, this rule changes theprocedure for adjudicating certain typesof motions, specifically, unopposedmotions and motions to withdraw anappeal. Presently, the Chairman maydivide the Board into three-memberpanels and each panel is empowered toreview cases by majority vote. Amajority of the number of BoardMembers authorized to constitute apanel constitutes a quorum for suchpanel. This rule will allow a singleBoard Member or the Chief AttorneyExaminer to adjudicate both motionsthat are unopposed by the non-movingparty and motions that requestwithdrawal of an appeal pending beforethe Board. Motions that are unopposedby the non-moving party and motions towithdraw an appeal do not present acase or controversy requiring review bya three-member panel. Permitting suchmotions to be adjudicated by a singleBoard Member or the Chief AttorneyExaminer will promote the effectivenessand efficiency of the Board’sadjudication process while maintainingappropriate consideration of everymotion filed with the Board.

Compliance with 5 U.S.C. 553 as tonotice of proposed rule making anddelayed effective date is not necessarybecause this rule relates to rules ofagency procedure and practice.

In accordance with 5 U.S.C. 605(b),the Attorney General certifies that thisrule does not have a significant adverseeconomic impact on a substantialnumber of small entities. The AttorneyGeneral has determined that this rule isnot a significant regulatory action underExecutive Order No. 12866, andaccordingly this rule has not beenreviewed by the Office of Managementand Budget. This rule has no Federalismimplications warranting the preparationof a Federalism Assessment inaccordance with Executive Order No.12612. The rule merits the applicablestandards provided in sections 2(a) and2(b)(2) of Executive Order No. 12778.

List of Subjects in 8 CFR Part 3

Administrative practice andprocedure, Immigration, Organizationand functions (Government agencies).

For the reasons set forth in thepreamble, 8 CFR part 3 is amended asfollows:

PART 3—EXECUTIVE OFFICE FORIMMIGRATION REVIEW

Subpart A—Board of ImmigrationAppeals

1. The authority citation for part 3continues to read as follows:

Authority: 5 U.S.C. 301; 8 U.S.C. 1103,1252 note, 1252b, 1362; 28 U.S.C. 509, 510,1746; sec. 2, Reorg. Plan No. 2 of 1950, 3CFR, 1949–1953 Comp., p. 1002.

2. Section 3.1 is amended by addinga new sentence after the 11th sentencein paragraph (a)(1) and revising the 4thsentence in paragraph (a)(2) to read asfollows:

§ 3.1 General authorities.

(a)(1) Organization. * * * In the caseof an unopposed motion or a motion towithdraw an appeal pending before theBoard, a single Board Member or theChief Attorney Examiner may exercisethe appropriate authority of the Board asset out in part 3 that is necessary for theadjudication of such motions before it.* * *

(2) Chairman. * * * The ChiefAttorney Examiner shall serve as anAlternate Board Member when, in theabsence or unavailability of a BoardMember or Members or for other goodcause, his participation is deemednecessary by the Chairman. * * ** * * * *

Dated: November 7, 1995.Janet Reno,Attorney General.[FR Doc. 95–28128 Filed 11–14–95; 8:45 am]BILLING CODE 4410–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health InspectionService

9 CFR Part 94

[Docket No. 95–037–2]

Pork and Pork Products From MexicoTransiting the United States

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Final rule.

SUMMARY: This final rule allows fresh,chilled, and frozen pork and porkproducts from the Mexican State ofChihuahua to transit the United States,

57314 Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Rules and Regulations

under certain conditions, for export toanother country. Previously, we allowedsuch pork and pork products only fromthe Mexican State of Sonora to transitthe United States for export. Otherwise,fresh, chilled, or frozen pork and porkproducts are prohibited movement intothe United States from Mexico becauseof hog cholera in Mexico. Chihuahua,like Sonora, appears to be a low riskarea for hog cholera, and we believe thatfresh, chilled, and frozen pork and porkproducts from Chihuahua can transit theUnited States with minimal risk ofintroducing hog cholera. This actionwill facilitate trade.EFFECTIVE DATE: November 15, 1995.FOR FURTHER INFORMATION CONTACT:Dr. Michael David, Senior StaffVeterinarian, Import/Export Animals,National Center for Import and Export,VS, APHIS, 4700 River Road Unit 39,Riverdale, MD 20737–1231, (301) 734–5034.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94(referred to below as the regulations)prohibit or restrict the importation ofcertain animals and animal productsinto the United States to prevent theintroduction of certain animal diseases.Section 94.9 of the regulations prohibitsthe importation of pork and porkproducts into the United States fromcountries where hog cholera exists,unless the pork or pork products havebeen treated in one of several ways, allof which involve heating or curing anddrying.

Because hog cholera exists in Mexico,pork and pork products from Mexicomust meet the requirements of § 94.9 tobe imported into the United States.However, under § 94.15, pork and porkproducts that are not eligible for entryinto the United States in accordancewith the regulations may transit theUnited States for immediate export ifcertain conditions are met. Prior to theeffective date of this final rule, onlypork and pork products from Sonora,Mexico, were eligible to transit theUnited States in accordance with§ 94.15.

On August 21, 1995, we published inthe Federal Register (60 FR 43409–43411, Docket No. 95–037–1) a proposalto amend the regulations by allowingpork and pork products from theMexican State of Chihuahua to transitthe United States for export under thesame conditions as pork and porkproducts from Sonora.

These conditions were set forth asfollows:

1. Any person wishing to transportpork or pork products from Chihuahuathrough the United States for exportmust first obtain a permit forimportation from the Animal and PlantHealth Inspection Service (APHIS).

2. The pork or pork products must besealed in Chihuahua in a leakproofcontainer, with a serially numbered sealapproved by APHIS. The container mustremain sealed at all times whiletransiting the United States.

3. The person moving the pork orpork products through the United Statesmust inform the APHIS officer at theU.S. port of arrival, in writing, of thefollowing information before the pork orpork products arrive in the UnitedStates: The times and dates that the porkor pork products are expected at theport of arrival in the United States; thetime schedule and route of theshipments through the United States;and the permit number and serialnumbers of the seals on the containers.

4. The pork or pork products musttransit the United States under Customsbond.

5. The pork or pork products must beexported from the United States withinthe time period specified on the permit.

Any pork or pork products exceedingthe time limit specified on the permit ortransiting in violation of any of therequirements of the permit or theregulations may be destroyed orotherwise disposed of at the discretionof the Administrator, APHIS, pursuantto section 2 of the Act of February 2,1903, as amended (21 U.S.C. 111).

We solicited comments concerningour proposal for 60 days ending October20, 1995. We received one comment bythat date. The comment was from adomestic pork industry group. Thecommenter commended the efforts ofMexican State pork producers in theirhog cholera eradication efforts, statedsupport for the principles ofregionalization outlined in the proposedrule, reemphasized the importance ofsurveillance and control measures tominimize the risk of transmitting hogcholera to the United States swinepopulation, and discussed a relatedtrade issue. The commenter did notrecommend any clarification or changesto the proposed rule.

Therefore, based on the rationale setforth in the proposed rule, we areadopting the provisions of the proposalas a final rule, without change. EffectiveDate

This is a substantive rule that relievesrestrictions and, pursuant to theprovisions of 5 U.S.C. 553, may be madeeffective less than 30 days afterpublication in the Federal Register.Immediate implementation of this rule

is necessary to provide relief to thosepersons who are adversely affected byrestrictions no longer found to bewarranted. Therefore, the Administratorof the Animal and Plant HealthInspection Service has determined thatthis rule should be effective uponpublication in the Federal Register.

Executive Order 12866 and RegulatoryFlexibility Act

This rule has been reviewed underExecutive Order 12866. The rule hasbeen determined to be not significant forthe purposes of Executive Order 12866and, therefore, has not been reviewed bythe Office of Management and Budget.

This rule allows fresh, chilled, andfrozen pork and pork products from theMexican State of Chihuahua to transitthe United States, under certainconditions, for export to anothercountry. It has been determined thatChihuahua is a low risk area for hogcholera and has the veterinaryinfrastructure necessary to monitor forthe presence of this disease.

Because Interstate CommerceCommission regulations forbid Mexicancarriers from hauling pork and porkproducts beyond the border zone, smallspecialized U.S. transport companiesand brokerage houses will benefit fromthis rule. The additional economicactivity from such trucking activity isestimated at $195,865 per year,assuming the trucks make 208 total tripsper year (the current level of shipmentsfrom the Mexican State of Sonorathrough the United States).

There appears to be little risk of hogcholera exposure from Mexican porkshipments from Chihuahua through theUnited States. Assuming that properrisk management techniques continue tobe applied in Mexico, and that accidentand exposure risk is minimized byproper handling during transport, therisk of exposure to hog cholera frompork in transit from Mexico through theUnited States is minimal. At a rate of208 trips per year, an accident thatcould lead to an outbreak of hog choleracould be expected once in 4,109,139years. Even at a rate of 1,000 trips peryear, one accident capable of resultingin a United States outbreak of hogcholera could be expected once every854,701 years.

Both the United States and Mexico arenet pork importers. United States porkimports represent approximately 2–3percent of production, and Mexicanimports represent 7–8 percent ofproduction. With favorable incomegrowth expected in Mexico due to tradeliberalization, meat imports, includingpork products, are expected to grow andlimit Mexican pork exports. However,

57315Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Rules and Regulations

facilitating export opportunities for theMexican pork industry may provideincentives for continued efforts toeradicate hog cholera from infectedMexican States.

Under these circumstances, theAdministrator of the Animal and PlantHealth Inspection Service hasdetermined that this action will nothave a significant economic impact ona substantial number of small entities.

Executive Order 12778This rule has been reviewed under

Executive Order 12778, Civil JusticeReform. This rule: (1) Preempts all Stateand local laws and regulations that areinconsistent with this rule; (2) has noretroactive effect; and (3) does notrequire administrative proceedingsbefore parties may file suit in courtchallenging this rule.

Paperwork Reduction ActThis rule contains no new

information collection or recordkeepingrequirements under the PaperworkReduction Act of 1995 (44 U.S.C. 3501et seq.).

List of Subjects in 9 CFR Part 94Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultryand poultry products, Reporting andrecordkeeping requirements.

Accordingly, 9 CFR part 94 isamended as follows:

PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWLPLAGUE), VELOGENICVISCEROTROPIC NEWCASTLEDISEASE, AFRICAN SWINE FEVER,HOG CHOLERA, AND BOVINESPONGIFORM ENCEPHALOPATHY:PROHIBITED AND RESTRICTEDIMPORTATIONS

1. The authority citation for part 94 isrevised to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,134a, 134b, 134c, 134f, 136, and 136a; 31U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR2.17, 2.51, and 371.2(d).

§ 94.15 [Amended]2. In § 94.15, paragraph (b), the

introductory text and paragraph (b)(2)are amended by adding the words‘‘Chihuahua or’’ immediately before theword ‘‘Sonora’’.

Done in Washington, DC, this 2nd day ofNovember 1995.Lonnie J. King,Administrator, Animal and Plant HealthInspection Service.[FR Doc. 95–28127 Filed 11–14–95; 8:45 am]BILLING CODE 3410–34–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of theCurrency

12 CFR Parts 4, 10, 11, and 18

Office of the Secretary

31 CFR Part 1

[Docket No. 95–27]

RIN 1557–AA67

Organization and Functions,Availability and Release of Information,Contracting Outreach Program;Municipal Securities Dealers;Securities Exchange Act DisclosureRules; Disclosure of Financial andOther Information by National Banks;Disclosure of Records

AGENCY: Office of the Comptroller of theCurrency and Office of the Secretary,Treasury.ACTION: Final rule.

SUMMARY: The Office of the Comptrollerof the Currency (OCC) is revising itsrules that describe the agency’sorganization and functions and governthe availability and release ofinformation in order to facilitate theOCC’s interaction with the bankingindustry and the public. The OCC isalso making technical and clarifyingamendments to its rules governingmunicipal securities dealers, disclosuresunder the Securities Exchange Act, andthe disclosure of financial and otherinformation by national banks. Finally,under authority delegated by theDepartment of the Treasury, the OCC ismaking minor changes to certainTreasury rules regarding disclosure ofrecords. This final rule is anothercomponent of the OCC’s RegulationReview Program, which is intended toupdate and streamline OCC regulationsand to reduce unnecessary regulatorycosts and other burdens.EFFECTIVE DATE: January 1, 1996.FOR FURTHER INFORMATION CONTACT:Andrew T. Gutierrez, Attorney,Legislative and Regulatory ActivitiesDivision, (202) 874–5090 (except withrespect to 12 CFR part 4, subpart C);Lester N. Scall, Senior Attorney,Administrative and Internal LawDivision, (202) 874–4460, or Daniel L.Cooke, Attorney, Legislative andRegulatory Activities Division, (202)874–5090 (with respect to 12 CFR part4, subpart C).


The ProposalOn March 27, 1995, the OCC

published a notice of proposed

rulemaking (60 FR 15705) to revise 12CFR part 4—the OCC’s regulations thatdescribe the agency’s organization andfunctions, govern the availability andrelease of information, and implementthe outreach program for potential OCCcontractors.

The proposal sought to further thegoals of the Regulation Review Programby updating, clarifying, reorganizing,and streamlining the regulations whereappropriate to promote better and moreefficient interaction between the OCCand the banking industry and the publicat large. The proposal also madetechnical and clarifying amendments to12 CFR part 10 (municipal securitiesdealers), part 11 (Securities ExchangeAct disclosure rules), part 18 (disclosureof financial and other information bynational banks), and 31 CFR part 1(disclosure of records).

The Final RuleThe final rule implements the

proposal with a few additional changes,which are made generally in response tocomments received. The OCC received atotal of five comment letters: two frombanks, one from a bank tradeorganization, one from a bankconsulting firm, and one from acommunity group. The communitygroup directed its comments to severalaspects of the OCC’s corporateapplication process set forth in 12 CFRpart 5. That same community group hadpreviously submitted substantiallysimilar comments on the notice ofproposed rulemaking proposal to revisepart 5 (59 FR 61304, Nov. 29, 1994).Because many of the issues that thecommunity group’s comments raiserelate to part 5, the OCC is consideringthem in the context of the part 5rulemaking. The remaining fourcomment letters focused exclusively onproposed subparts A, B, and C of 12CFR part 4, which, respectively,describe the agency’s organization andfunctions, govern the disclosure ofinformation under the Freedom ofInformation Act (FOIA), and govern therelease of non-public OCC information.

The following sections summarize theamendments to part 4 and brieflydescribe the changes made to parts 10,11, and 18, and 31 CFR part 1.

Part 4, Subpart A—Organization andFunctions

Purpose (§ 4.1).Proposed § 4.1 explained the purpose

of subpart A—namely, to describe theOCC’s organization and functions andprovide the OCC’s principal addresses.The OCC received no comments on thissection, which is adopted as proposedwith minor stylistic edits.


Office of the Comptroller of theCurrency (§ 4.2).

Proposed § 4.2 described thefunctions of the OCC. The OCC receivedno comments on this section, which isadopted as proposed with minorstylistic edits.

Comptroller of the Currency (§ 4.3).Proposed § 4.3 described the

responsibilities of the Comptroller of theCurrency. The OCC received nocomments on this section, which isadopted as proposed with minorstylistic edits.

Neither the proposal nor the final rulecontains the detailed job descriptions ofOCC positions subordinate to theComptroller of the Currency thatformerly appeared in part 4. Asexplained in the preamble of theproposal, the OCC will continue topublish current and accuratedescriptions of the functions of its majordepartments and divisions in the OCC’sannual report to Congress. The annualreport, required under 12 U.S.C. 14,consists of the four issues of theQuarterly Journal published each year;the first issue contains the Comptroller’sReport of Operations, which describesin detail the functions of the majordepartments and divisions of the OCC.Persons may also contact the OCC’sCommunications Division forinformation concerning the OCC’sorganizational structure.

Washington Office (§ 4.4).Proposed § 4.4 described the

functions and responsibilities of theOCC’s Washington office, and providedits address. The OCC received onecomment on this section, suggesting thatthe regulation be revised to clarifywhich national banks are directlysupervised by the Washington officeand why. This commenter and otherreaders are referred to the Comptroller’sReport of Operations found in theQuarterly Journal, which discussesnational banks supervised by theWashington office (through theMultinational Banking Department andthe Special Supervision Division) to theextent that the information is notconfidential. The Quarterly Journalprovides more current information thanthe OCC’s codified regulations.Accordingly, the OCC adopts thissection as proposed.

District and Field Offices (§ 4.5).Proposed § 4.5 described the

functions and responsibilities of theOCC’s district and field offices, andprovided the office address andgeographical composition of each OCCdistrict. The OCC received no commentson this section, which is adopted asproposed.

Part 4, Subpart B—Availability ofInformation Under the Freedom ofInformation Act.

Purpose and scope (§ 4.11).Proposed § 4.11 explained the

purpose of subpart B—namely, to setforth the standards, policies, andprocedures that the OCC applies inadministering the FOIA to facilitate theOCC’s interaction with the bankingindustry and the public. The proposalalso delineated the scope of subpart Bby briefly describing the sections in thesubpart. The OCC received nocomments on this section, which isadopted as proposed with minorstylistic edits.

Information available under the FOIA(§ 4.12).

Proposed § 4.12 explained that OCCrecords are available to the public inaccordance with the FOIA, exceptrecords that the FOIA exempts fromdisclosure. The proposal set forth thenine FOIA exemptions. Additionally,the proposal incorporated a ‘‘specialexclusion’’ provision found in the FOIAthat authorizes an agency to treatrecords as excluded from FOIA’scoverage in certain circumstances wheredisclosure of the existence of therecords may interfere with criminal lawenforcement proceedings. Onecommenter expressed concerns aboutthe propriety of the FOIA specialexclusion, and suggested that the OCCadopt a means of nondisclosure thatdoes not involve a misrepresentation.

To date, the OCC has not relied on theFOIA special exclusion. Under currentOCC practice, whenever the OCCreceives a request for records incircumstances where disclosure of theexistence of those types of records mayinterfere with criminal law enforcementproceedings, the OCC indicates that itwill neither confirm nor deny theexistence of those records, regardless ofwhether those records exist. Because theOCC believes that its current practice issufficient to prevent the disclosure ofthe existence of these types of records,the OCC has determined that it is notnecessary to include the FOIA specialexclusion in its regulations, and hasomitted the proposed language on thespecial exclusion.

The proposal also stated that, on acase-by-case basis, even if a record isexempt from disclosure under the FOIA,the OCC may decide in its discretion notto apply the exemption to the requestedrecord. One commenter suggested thatthe OCC add to this discretionarydisclosure provision a cross-reference toproposed section 4.16 (predisclosurenotice for confidential commercialinformation) to clarify that the OCC will

not override the predisclosure noticerequirements of that section. The OCChas added appropriate language inresponse to this comment.

Publication in the Federal Register(§ 4.13).

Proposed § 4.13 clarified that the OCCpublishes in the Federal Registerproposed and final rules, and certainnotices and policy statements ofconcern to the general public. The OCCreceived no comments on this section,which is adopted as proposed withminor stylistic edits.

Public inspection and copying(§ 4.14).

Proposed § 4.14 clarified that the OCCmakes certain information readilyavailable from the CommunicationsDivision for public inspection andcopying, including: (1) Final orders,agreements, or other enforceabledocuments issued in the adjudication ofan OCC enforcement case; (2) finalopinions issued in the adjudication ofan OCC enforcement case; (3) statementsof general policy or interpretations ofgeneral applicability not published inthe Federal Register; (4) administrativestaff manuals or instructions to staff thatmay affect a member of the public; (5)a current index identifying eachdocument described in items (1)–(4) thatthe OCC issued, adopted, orpromulgated after July 4, 1967 (a dateset under 5 U.S.C. 552(a)(2)); (6) a listof OCC publications available; and (7) alist of forms available from the OCC,and specific forms and instructions.

The OCC received no comments onthis section. However, the OCC isclarifying item (7) with a footnoteindicating that some forms that nationalbanks use, such as the ConsolidatedReport of Condition and Income (FFIEC031–034), may not be available from theOCC. The OCC will provide informationon where persons may obtain theseforms and instructions upon request.Moreover, for the sake of completeness,the OCC is adding three items to the listof records available from theCommunications Division under thissection, numbering them as follows: (8)public Community Reinvestment Actperformance evaluations; (9) publicsecurities-related filings required under12 CFR part 11 or 16; and (10) publiccomment letters regarding a proposedrule.

Finally, the OCC is adding item (11):public files (as defined at 12 CFR 5.9)with respect to pending applicationsdescribed in part 5 of its regulations.Under the proposed rule (and the formerrule), public files were available only byspecific written request under theprocedures set forth in proposed § 4.15(former § 4.17a). The OCC has added


1 The OCC’s authority to prescribe this subpartderives from 5 U.S.C. 301 and 552 and recentjudicial interpretations of the bank examinationprivilege. This authority was discussed in detail inthe proposal. See 60 FR 15705, 15708.

item (11) to § 4.14 to indicate that publicfiles will be readily available for publicinspection and copying from LicensingManager at the appropriate districtoffice at the address listed in § 4.5(a).

Specific requests for records (§ 4.15).Proposed § 4.15 clarified that any

OCC record not exempt from disclosureis available to any person upon specificrequest. The proposal set forth thestandards, policies, and procedures thatapply to a request for records or anadministrative appeal of a denial of arequest for records. The OCC receivedno comments on this section. However,the OCC has decided to make publicfiles with respect to corporateapplications available under the lessformal provisions of § 4.14 rather thanthis section (see discussion of § 4.14,above). Accordingly, the OCC hasremoved references to the availability ofpublic files from this section.

Predisclosure notice for confidentialcommercial information (§ 4.16).

Proposed § 4.16 explained thepredisclosure notice procedures that theOCC follows, in accordance withExecutive Order 12600 (3 CFR, 1987Comp., p. 235), when the OCC receivesa request for records that arguably areexempt from disclosure underexemption 4 of the FOIA as confidentialcommercial information. 5 U.S.C.552(b)(4). See proposed § 4.12(b)(4). Onecommenter suggested that the OCCextend the predisclosure noticerequirements of this section to requestsfor disclosure of information for whichthe submitter has requestedconfidentiality pursuant to FOIAexemption 6 (unwarranted invasion ofpersonal privacy) or expectsconfidentiality under FOIA exemption 8(bank examination reports and relatedrecords). The OCC is not aware of, andthe commenter did not identify, anyproblems that warrant extending thesespecific procedures beyond the scope ofExecutive Order 12600. Accordingly,this section is adopted as proposed withminor stylistic edits.

It is important to emphasize theOCC’s continuing commitment tomaintaining the confidentiality of bank-related information that is protectedunder FOIA exemption 4, 6, or 8. TheOCC does not disclose under subpart Binformation that falls under those FOIAexemptions. Rather, the OCC releasessuch non-public information only underthe procedures set forth in subpart C.The discussion of subpart C belowaddresses the OCC’s notice proceduresregarding requests for non-publicinformation.

Fees for services (§ 4.17).The proposal set forth the fees that the

OCC assesses for the services it renders

in providing information under theFOIA. The OCC received no commentson this section, which is adopted asproposed with minor stylistic edits.

Part 4, Subpart C—Release of Non-public OCC Information

This subpart contains the OCC’sprocedures for the release of non-publicOCC information and states therestrictions on the dissemination of non-public OCC information.1 The OCCreceived four comments that addressedsubpart C. These comments weregenerally supportive of the proposal.The section-by-section discussion belowsummarizes these comments and thechanges the OCC has incorporated inthe final rule.

Purpose and scope (§ 4.31).Proposed § 4.31 identified the

purposes of subpart C, including theprevention of undue burden on theOCC. One commenter urged that, if onepurpose of the rule is to prevent undueburden on the OCC, another purpose ofthe rule should likewise be to preventundue burden on the banking industryor the public. The OCC agrees with thecommenter that its rules with respect tothe release of non-public OCCinformation should seek to minimizeburden to all participants in the process.The final rule reflects this change andincludes minor conforming changes aswell.

The proposal prescribed the scope ofsubpart C by specifying the types oflitigation to which subpart C appliesand the type of information covered bythe regulation. The OCC received nocomments on the scope of subpart C.

The proposal stated that a request byan agency with authority to investigateviolations of criminal law or a requestby a Federal agency for use in civil oradministrative enforcement proceedingswas not governed by subpart C. Thefinal rule modifies the proposal bystating that requests for non-public OCCinformation by the Board of Governorsof the Federal Reserve System (Board ofGovernors), the Federal DepositInsurance Corporation (FDIC),government agencies of the UnitedStates and foreign governments, stateagencies with authority to investigateviolations of criminal law, and statebank regulatory agencies are governedsolely by § 4.36(c). As described below,§ 4.36(c) generally provides that, whennot prohibited by law, the Comptrollermay make, in the Comptroller’s solediscretion, non-public OCC information

available to these agencies. The finalrule is, therefore, almost identical to theformer rule, § 4.18(b), which also gavethe Comptroller sole discretion to makenon-public OCC information availableto certain agencies. The final rule differsfrom the former provision only in theaddition of two categories of agencies:(1) state agencies with authority toinvestigate violations of criminal law;and (2) state bank regulatory agencies.

Under the final rule, these stateagencies, the Board of Governors, theFDIC, and government agencies of theUnited States and foreign governmentsneed not follow the specific proceduresset forth in subpart C when seeking non-public OCC information. The OCCanticipates that these agencies will,however, consult the subpart Cprocedures for guidance regarding, forexample, confidentiality undertakingsand the type of information the OCCwill need in order to determine whetherto release the information requested.

Definitions (§ 4.32).The proposal provided definitions for

the following terms: ‘‘compelling need,’’‘‘complete request,’’ ‘‘non-public OCCinformation,’’ ‘‘showing that theinformation has high relevance,’’ and‘‘testimony.’’ The OCC received threecomments on these definitions. Twocommenters urged the OCC to make thestandards for the release of informationmore stringent by changing theproposed rule’s definitions of‘‘compelling need’’ and ‘‘showing thatthe information has high relevance.’’One commenter urged the OCC to makethe standards less stringent byredefining these terms.

The OCC has determined that thestandards, as they were proposed, bestreflect the current state of the law andachieve the OCC’s objective ofaccommodating the interests ofrequesters subject to the need to ensureopen communications in the bankexamination and supervision process bypreserving appropriate confidentiality.Therefore, the OCC adopts thedefinitions as they were proposed witha few changes in wording that clarify orstreamline the provisions. For example,the definition of ‘‘compelling need’’ isrevised to reflect that this standardapplies only to requests for testimonyand to substitute the word ‘‘relevant’’for the phrase defining relevance thatappeared in the proposal. The final ruleuses the term ‘‘relevant’’ in place of theterm ‘‘highly relevant,’’ but thesubstance of its definition remains thesame.

The proposal did not retain theprovision in former § 4.18(b) that statedthat examination reports are theproperty of the OCC. See 60 Fed. Reg.


15705, 15709. The OCC received nocomments on this point but has decidedthat the statement is useful informationthat should be retained. Therefore, thestatement is incorporated as part of thedefinition of ‘‘non-public OCCinformation.’’

Requirements for a request of recordsor testimony (§ 4.33).

Proposed § 4.33 specified thesubmissions that requesters mustprovide to the OCC when seeking non-public OCC information. The OCCreceived no comments on this section,which the OCC adopts as proposed withminor changes.

Where to submit a request (§ 4.34).Proposed § 4.34 specified that

requests for non-public OCCinformation, requests for authenticationof a record, and notifications regardingthe issuance of subpoenas or othercompulsory process must be addressedto the OCC’s Litigation Division inWashington, DC. The proposal alsoadded a provision that permits a personwho is requesting public OCCinformation and non-public OCCinformation to submit a combinedrequest for both to the LitigationDivision in Washington, DC. If arequester decides to submit a combinedrequest under this section, the OCC willprocess the combined request under thissubpart and not under subpart B (FOIA).

The OCC received no comments onthis section. For clarity, the OCC addsto the final rule a provision detailingwhere certain government agenciesshould submit a request.

Consideration of requests (§ 4.35).Proposed § 4.35 stated that the

decision to release non-public OCCinformation is at the sole discretion ofthe Comptroller and listed the issuesand factors that the OCC will considerin acting on requests for non-publicOCC information. The proposal alsostated that the OCC may require arequester to submit additionalinformation, or seek information fromother sources, and may respond tocertain requests by authorizing others inpossession of the requested informationto release the information.

One commenter urged the OCC tomodify the proposal to indicate that,when a third-party litigant seeks non-public OCC information and when otherevidence reasonably suited thatlitigant’s need is available from anothersource, a strong presumption exists infavor of finding that the public interestin maintaining the confidentiality of theinformation outweighs the need for it.The OCC agrees with this concern, butbelieves that the availability from othersources of information reasonably suitedto the requester’s need is already

adequately addressed in § 4.35(a)(2)(iii)as a basis for denial of a request.

Three commenters urged the OCC toadd provisions that would ensure that anational bank receives notice whenevera requester seeks non-public OCCinformation about that bank so that thebank may have an opportunity tocomment. One of those commentersurged the OCC to use the procedures forpublicly available information asproposed at § 4.16(b). Anothercommenter urged the OCC to requireany third-party litigant that requestsnon-public OCC information to notify,as a prerequisite for OCC considerationof the request, all other parties to thelitigation and the bank that is thesubject of the information sought.

The OCC recognizes that a nationalbank has a strong interest in the releaseof non-public OCC information thatrelates to the bank and that the bank ismost often in the best position toexplain why the information fallswithin the definition of non-public OCCinformation. For these reasons the OCCadds a new provision to the final rule,§ 4.35(a)(6), that states that, followingreceipt of a request for non-public OCCinformation, the OCC generally notifiesthe national bank that is the subject ofthe request, unless the OCC, in itsdiscretion, determines that to do sowould advantage or prejudice any of theparties in the matter at issue. The OCCis not here applying subpart B’ssubmitter notification procedures,§ 4.16(b), because the scope of the OCC’srelease of information under subpart Cis more limited than its release ofinformation under subpart B.Information disclosed under subpart Benters the public domain and thereforeloses its confidentiality. Informationreleased under subpart C remains theproperty of the OCC and may beprovided only to limited categories ofrequesters or upon the prior approval ofthe OCC. It thus retains its confidentialcharacter. The more detailed proceduresset forth in subpart B are, accordingly,unnecessary.

The final rule adds to the statementthat release of non-public OCCinformation is at the sole discretion ofthe Comptroller an explicit statementclarifying that OCC action on a requestfor non-public OCC informationexhausts administrative remedies fordiscovery of the information. The finalrule also includes several minor changesto the wording of § 4.35.

Persons and entities with access toOCC information; prohibition ondissemination (§ 4.36).

The title to proposed § 4.36 ‘‘Partieswith access to OCC information;restriction on dissemination’’ is changed

in the final rule by replacing the word‘‘restriction’’ with ‘‘prohibition,’’ and byreplacing the word ‘‘Parties’’ with thewords ‘‘Persons and entities,’’ whichbetter reflect the content of the section.

(a) OCC employees or formeremployees. Proposed § 4.36(a),incorporated and clarified theprovisions of former §§ 4.18(a) and 4.19that prohibited OCC employees andformer employees from disseminatingnon-public OCC information withoutprior OCC approval. The proposal alsostated the OCC’s policy of objecting tosubpoenas for non-public OCCinformation, such as employeetestimony, when subpoenas are used inlieu of the request procedures of thissubpart. The OCC received nocomments on § 4.36(a).

The proposal stated that the OCC willattempt to have compulsory processwithdrawn and may register appropriateobjections when an employee or formeremployee receives a subpoena. The finalrule clarifies that the OCC mayintervene in a judicial or administrativeproceeding either to have compulsoryprocess withdrawn or to makeappropriate objections.

The proposal instructed OCCemployees and former employees thatthey must notify the Director of theOCC’s Litigation Division when theyreceive a subpoena for non-public OCCinformation. The final rule clarifies thatthe appropriate District Counsel, or theDirector of the Enforcement andCompliance Division as appropriate,handles subpoenas arising out ofcriminal actions. In all other cases,employees and former employeesshould notify the Director of theLitigation Division. Because time isusually of the essence in these cases,immediate notification of theappropriate OCC personnel is essential,and the OCC has added these provisionsto ensure that notices are directedprecisely. The final rule also makesseveral technical changes.

(b) Non-OCC employees or entities. In§ 4.36(b), the proposal incorporated andclarified the provisions of former § 4.18(b) and (c) that prohibited persons whoare not current or former OCCemployees from disseminating non-public OCC information. Proposed§ 4.36(b) did not address situations inwhich a Federal court has ordereddiscovery of non-public OCCinformation. The final rule incorporatesan express exception for this situationthat permits the subpoenaed person orentity to make the information availableaccording to the Federal court’s order ifthe requester has complied with therequest procedures of this subpart.


The final rule adds a requirement thata person or entity served with asubpoena or request to provide non-public OCC information notify the OCCso that the OCC can intervene in judicialproceedings when appropriate. Thefinal rule requires persons and entitiesto notify the OCC upon receipt ofservice. In addition, the final rulerequires persons and entities requestedto disclose non-public OCC informationto inform the requester of these rulesand, in particular, of the submissionrequirements. The final rule alsorequires persons and entities to notify,at the appropriate time, the court ortribunal that issued process of thesubstance of these rules.

This provision is consistent with theholding of the United States Court ofAppeals for the Sixth Circuit in In reBankers Trust Company, 61 F.3rd 465(6th Cir. 1995). The Sixth Circuit heldthat the Board of Governors of theFederal Reserve System’s (FRB’s)regulation that requires a party ‘‘tocontinually decline to discloseinformation or testimony’’ followingreceipt of a subpoena, order, or otherjudicial process exceeds the FRB’sdelegated authority. Id. at 470.

The OCC’s final rule does not requirea party to continue to refuse to disclosea document or otherwise supplant acourt’s jurisdiction over discovery.Rather, as countenanced by the SixthCircuit in Bankers Trust, this ruleensures that the OCC has ‘‘theopportunity to intervene to protect anyinterests, arguments, or concerns’’ it hasin the production of ‘‘confidentialsupervisory information’’ by requiringthat the OCC be given notice of a requestand, through the request procedures, byproviding the OCC with facts sufficientto respond to process. Id. at 470, n. 6.

Proposed § 4.36(b) permitted nationalbanks to disclose non-public OCCinformation to persons officiallyconnected with the bank as officer,director, employee, attorney, auditor, orindependent auditor. The OCCrequested specific comment on whether‘‘consultants’’ should be included in thelist of bank-connected persons who areeligible to receive OCC examinationreports without first obtaining theexpress approval of the OCC.

Two commenters addressed § 4.36and both urged the OCC to include‘‘consultants’’ in the list of individualseligible to receive examination reportswithout prior OCC approval. Thecommenters noted that many nationalbanks use consultants and that access toexamination reports helps a consultantto assist bank management inresponding to problems and needs. Thecommenters asserted that whether to

release an exam report to a consultantshould fall within the bank’s discretion.

To ensure the confidentiality of examreports released to consultants, onecommenter urged the OCC to attach aform confidentiality agreement to eachexam report. Another commenter urgedthe OCC to attach a statement to eachexam report that explains the report’sconfidential nature and the sanctions fordisseminating the report.

The OCC agrees that the ability of anational bank to benefit from theservices of a consultant will often bemaximized if a bank may provide theconsultant with an exam report.However, the OCC also has an interestin protecting the confidentiality of theexamination process and is concernedthat adding ‘‘consultants’’ to the§ 4.36(b) list without condition couldresult in prohibited dissemination ofnon-public OCC information.Accordingly, the final rule is modifiedto state that a national bank or holdingcompany or a director, officer, oremployee thereof may only release non-public OCC information to a consultantif the consultant: (1) is under a writtencontract to provide services to the bank;and (2) has a written agreement with thebank in which the consultant (i) statesits awareness of, and agreement to abideby, the prohibition on the disseminationof non-public OCC informationcontained in § 4.36(b)(1) of this subpart,and (ii) agrees not to use the non-publicOCC information for any purpose otherthan as provided under its agreement toprovide services to the bank. (Personsnot listed in § 4.36(b) may still seek non-public information pursuant to therequest procedures in § 4.35.) The finalrule also clarifies that the prohibition ondissemination of non-public OCCinformation that is contained in§ 4.36(b)(1) applies to all persons andentities, including consultants, whohave access to non-public OCCinformation under § 4.36(b)(2).

One commenter suggested that anational bank should be permitted toallow exam report access to consultantswho are considering accepting anengagement from the bank. The OCCbelieves that a prospective consultantdoes not have the type of relationshipwith the bank that is appropriate toensure the confidentiality of the non-public OCC information and thereforehas not incorporated this suggestion inthe final rule.

(c) Disclosure to government agencies.Proposed § 4.36(c) incorporated theprovisions of former § 4.18(b) thatgoverned the disclosure of non-publicOCC information to the Board ofGovernors, the FDIC, and certaingovernment agencies of the United

States and foreign governments. Theproposal thereby preserved the OCC’spolicies and procedures for sharinginformation with these agencies and didnot supersede information sharingagreements. The OCC received nocomments on § 4.36(c).

The final rule also preserves theOCC’s information sharing policies andprocedures. However, the final rulemodifies § 4.36(c) to state moreaccurately that, in addition to requestsby the Board of Governors of the FederalReserve System, the Federal DepositInsurance Corporation, and certaingovernment agencies of the UnitedStates and foreign governments,requests by state agencies with authorityto investigate violations of criminal lawand state bank regulatory agencies aregoverned solely by § 4.36(c).

The final rule also clarifies that‘‘testimony’’ is one type of non-publicOCC information that the Comptrollermay make available to these agencies.Though ‘‘testimony’’ was implicit in theproposal because it is included withinthe definition of ‘‘non-public OCCinformation,’’ the proposal did notexpressly mention the term.

Proposed § 4.36(c) stated that all non-public OCC information made availablepursuant to this subpart is OCCproperty. The final rule modifies thisprovision by stating expressly that theOCC may condition the use of non-public OCC information made availableunder this paragraph (disclosure togovernment agencies) on appropriateconfidentiality protections. Thisprovision parallels § 4.37, which appliesto all requests for non-public OCCinformation.

(d) Intention of OCC not to waiverights. Proposed § 4.36(d) stated thatnon-public OCC information does notlose its non-public status when releasedto a person or entity. The OCC receivedno comments on this provision, whichis adopted as proposed.

Restrictions on dissemination ofreleased information (§ 4.37).

The title to proposed § 4.37‘‘Limitation of dissemination of releasedinformation’’ is changed in the final ruleby replacing the word ‘‘Limitation’’ with‘‘Restrictions,’’ which better reflects thecontent of the section.

The proposal permitted the OCC tocondition release of non-public OCCinformation on the issuance of aprotective order and the sealing oftranscripts. The proposal also specifiedthat the OCC may authorize the use ofthe same records or testimony inanother case. The OCC received nocomments on this section, and thereforeadopts the section as proposed. A model


stipulation and protective order areprinted at appendix A to this subpart.

Notification of parties and proceduresfor sharing and using OCC records inlitigation (§ 4.38).

The title to proposed § 4.38‘‘Procedures for sharing and using OCCrecords in litigation’’ is changed in thefinal rule by adding ‘‘Notification ofparties,’’ which reflects the content ofthe section as changed in the final rule.

Proposed § 4.38 required: (1) partiesto a case to share released recordsamong litigants; (2) all requesters toretrieve released non-public OCCinformation from court files; and (3) allparties to destroy non-public OCCinformation covered by a protectiveorder. The proposal also informedrequesters that the OCC willauthenticate its documents for use asevidence. The OCC adopts theseprovisions as proposed.

The OCC adds a provision to the finalrule that requires a litigant who submitsa request to the OCC for the testimonyof an OCC employee or former employeeto notify all other parties to thelitigation. This provision is necessary toensure that other parties who wish todepose the same OCC employee orformer employee will have opportunityto submit a request for testimony to theOCC prior to the deposition of theemployee or former employee, inaccordance with § 4.35(b)(3).

Fees for services (§ 4.39).Proposed § 4.39 set fee schedules that

apply when the OCC provides recordsor authorizes testimony from current orformer employees. The OCC received nocomments on this section, which isadopted, with minor stylistic changes,as proposed.

Part 4, Subpart D—ContractingOutreach Program

The proposal relocated the OCC’srules regarding the minority-, women-,and individuals with disabilities-ownedbusiness contracting outreach programfrom subpart C to subpart D, andrenumbered them. The OCC received nocomments on this subpart. Accordingly,subpart D is adopted as proposed.

The program’s focus is on outreach asa means to enhance the participation by

these businesses in OCC procurements.Except for procurements made pursuantto government-wide special purposeprograms, OCC procurements do notemploy racial, ethnic, or genderclassifications as bases for contractawards. Given its focus on outreach, theOCC does not believe the program isaffected by the recent Supreme Courtdecision in Adarand Contractors, Inc. v.Pena, 63 U.S.L.W. 4523 (U.S. June 12,1995). However, this program, as well asthe government-wide special purposeprograms, will be further reviewed incontext of the overall review of allFederal affirmative action programsrecently initiated pursuant to thePresident’s direction.

Part 10—Municipal Securities Dealers

The proposal eliminated certain formsand instructions from the OCC’s rulesregarding municipal securities dealersbecause it is not necessary to publishthem in the regulation. The OCCreceived no comments on thisamendment, which is adopted asproposed.

Part 11—Securities Exchange ActDisclosure Rules

The proposal made technicalamendments to the OCC’s rulesregarding disclosure under variousprovisions of the Securities ExchangeAct of 1934 (15 U.S.C. 78l, 78m, 78n,78p, and 78w), including updating thereference to the name of the divisionthat receives filings and specifying thedivision that receives requests for copiesof filings. The OCC received nocomments on these amendments, whichare adopted as proposed.

Part 18—Disclosure of Financial andOther Information by National Banks

The proposal made several technicaland conforming amendments to theOCC’s rules regarding annual financialdisclosures by national banks. The onlysignificant amendment involvedconforming the OCC’s rules to languageadopted in the Financial InstitutionsReform, Recovery, and Enforcement Actof 1989 (FIRREA), Pub. L. 101–73, 103Stat. 187, describing persons subject to

administrative enforcement action bythe Federal banking agencies.Specifically, section 901(b) of FIRREAamended 12 U.S.C. 1811 et seq., bysubstituting the term ‘‘institution-affiliated party’’ for the terms‘‘director,’’ ‘‘officer,’’ ‘‘employee,’’‘‘agent,’’ and ‘‘other person participatingin the conduct of the affairs of a bank’’(the term ‘‘institution-affiliated party’’ isdefined at 12 U.S.C. 1813(u)). Theproposal made amendments to theprovision that indicates the partiessubject to administrative action forviolations of part 18, in order toconform that provision to the languageintroduced in section 901(b) of FIRREA.

The OCC received no comments onthese amendments, which are adoptedas proposed.

31 CFR Part 1—Disclosure of Records

The proposal made technicalamendments to appendix J of subpart Aand appendix J of subpart C of part 31to update regulatory informationspecific to the OCC. Subpart A containsthe Department of the Treasury’s FOIArules, and subpart C contains theDepartment of the Treasury’s PrivacyAct rules. The various appendices tosubparts A and C contain standardizedinformation about components of theDepartment of the Treasury, includingofficials and addresses relevant to theimplementation of the FOIA and thePrivacy Act. Appendix J of subpart Aand appendix J of subpart B, entitled‘‘Office of the Comptroller of theCurrency,’’ contain information aboutthe OCC.

The Department of the Treasury, at 31CFR 1.1(d) and 1.20, has authorized thehead of each of its components tosubstitute the officials designated andchange the addresses specified in theappendices corresponding to thatcomponent. Pursuant to this grant ofauthority, the OCC proposed to amendthe OCC administrative information inappendix J of subpart A and appendixJ of subpart C.

The OCC received no comments onthese amendments, which are adoptedas proposed with minor stylistic edits.

DERIVATION TABLE FOR 12 CFR PART 4[This table directs readers to the provisions of the former 12 CFR part 4, if any, on which the revised 12 CFR part 4 is based]

Revised provision Former provision Comments

Subpart A:§ 4.1 ............................................................................................ § 4.1 .................................................... Significantly modified.§§ 4.2–4.5 ................................................................................... § 4.1a .................................................. Significantly modified.

Subpart B:§ 4.11 .......................................................................................... § 4.1 .................................................... Significantly modified.§ 4.12(a) ..................................................................................... § 4.16(a) ............................................. Modified.

(b) .................................................................................... § 4.16(b) ............................................. Modified.


DERIVATION TABLE FOR 12 CFR PART 4—Continued[This table directs readers to the provisions of the former 12 CFR part 4, if any, on which the revised 12 CFR part 4 is based]

Revised provision Former provision Comments

(c) .................................................................................... § 4.16(c) .............................................. Modified.(d) .................................................................................... § 4.16(d) ............................................. Modified.

§ 4.13 .......................................................................................... § 4.14(a) ............................................. Significantly modified.§ 4.14(a)(1)–(4) ................................................................ § 4.15(a)(1)–(4) ................................... Modified.(a)(5) ................................................................................ § 4.15(b) ............................................. Modified.(a)(6) ................................................................................ § 4.14(b) ............................................. Modified.(a)(7) ................................................................................ § 4.13 .................................................. Modified.(a)(8) ................................................................................ § 4.17(b)(2)(ii) ..................................... Modified.(a)(9) ................................................................................ § 4.15(a)(6)–(9) ................................... Modified.(a)(10) .............................................................................. ............................................................. Added.(a)(11) .............................................................................. § 4.17(b)(2)(i)(A) ................................. Significantly modified.(b) .................................................................................... § 4.15(c) .............................................. Modified.(c) .................................................................................... ............................................................. Added.

§ 4.15(a) ..................................................................................... § 4.16(a) ............................................. Modified.(b) .................................................................................... § 4.17(b), (c), and (d)(1) ..................... Significantly modified.(c) .................................................................................... §§ 4.17(d)(2), (d)(3), and (g), and

4.17a(b).Significantly modified.

(d) .................................................................................... §§ 4.17(e) and 4.17a(c) ...................... Modified.(e)(1) ................................................................................ ............................................................. Added (see 5 U.S.C. 552(a)(4)(B)).(e)(2) ................................................................................ § 4.17(f) .............................................. Modified.(f) ..................................................................................... § 4.17a(d) ........................................... Modified.(g) .................................................................................... § 4.17a(a) ........................................... Modified.

§ 4.16 .......................................................................................... § 4.18(d) ............................................. Modified.§ 4.17 .......................................................................................... § 4.17(h) ............................................. Modified.

Subpart C:§ 4.31 .......................................................................................... ............................................................. Added.§ 4.32 .......................................................................................... ............................................................. Added.§ 4.33 .......................................................................................... § 4.19 .................................................. Significantly modified.§ 4.34 .......................................................................................... ............................................................. Added.§ 4.35 .......................................................................................... § 4.19 .................................................. Significantly modified.§ 4.36(a) ..................................................................................... §§ 4.18(a) and 4.19 ............................ Significantly modified.

(b) .................................................................................... §§ 4.18(c) and 7.6025(c) .................... Significantly modified.(c) .................................................................................... § 4.18(b) ............................................. Modified.(d) .................................................................................... ............................................................. Added.

§ 4.37 .......................................................................................... ............................................................. Added.§ 4.38 .......................................................................................... ............................................................. Added.§ 4.39 .......................................................................................... ............................................................. Added.

Subpart D:§§ 4.61–4.66 ............................................................................... §§ 4.61–4.74 ....................................... Renumbered.

Regulatory Flexibility ActIt is hereby certified that this final

rule will not have a significanteconomic impact on a substantialnumber of small entities. Accordingly, aregulatory flexibility analysis is notrequired. This final rule is primarilyclarifying in nature and has no materialimpact on national banks, regardless ofsize.

Executive Order 12866The OCC has determined that this

final rule is not a significant regulatoryaction under Executive Order 12866.

Paperwork Reduction ActThe collection of information

requirements contained in this final rulehave received emergency approval fromthe Office of Management and Budget inaccordance with the PaperworkReduction Act of 1995 (44 U.S.C.3507(d)), under OMB control number1557–0200. Comments on the collectionof information should be sent to the

Office of Management and Budget,Paperwork Reduction Project 1557,Washington, DC 20503, with copies tothe Legislative and Regulatory ActivitiesDivision 1557–0200, Office of theComptroller of the Currency, 250 EStreet, SW, Washington, DC 20219. TheOCC will submit the collection ofinformation requirements contained inthis final rule for renewal of OMBapproval following publication of thisfinal rule.

The collection of informationrequirements in this rule are found in 12CFR 4.33, 4.35, 4.36, 4.37, and 4.38.This information is required to protectnon-public OCC information fromunnecessary disclosure in order toensure that national banks and the OCCengage in a candid dialogue during thebank examination process. Thiscollection accomplishes that endprimarily by providing the OCC withinformation to process requests for non-public OCC information to determine ifsufficient grounds exist for the OCC to

release requested information. Thiscollection also provides the OCC withnotice of requests submitted to nationalbanks for non-public OCC information,which will enable the OCC to intervenein litigation to register objections todisclosure when appropriate.

Respondents are not required torespond to this collection of informationunless it displays a currently valid OMBcontrol number. The likely respondentsare national banks, persons in litigationwith national banks, and formeremployees of the OCC.

Estimated average annual burdenhours per respondent/recordkeeper: 5

Estimated number of respondentsand/or recordkeepers: 180

Estimated total annual reporting andrecordkeeping burden: 894 hours.

Start-up costs to respondents: None.

Unfunded Mandates Act of 1995

The OCC has determined that thisfinal rule will not result in expendituresby state, local, and tribal governments,


or by the private sector, of more than$100 million in any one year.Accordingly, a budgetary impactstatement is not required under section202 of the Unfunded Mandates Act of1995.

List of Subjects

12 CFR Part 4

Administrative practice andprocedure, Confidential businessinformation, Freedom of information,National banks, Organization andfunctions (Government agencies),Reporting and recordkeepingrequirements, Women and minoritybusinesses.

12 CFR Part 10

National banks, Reporting andrecordkeeping requirements, Securities.

12 CFR Part 11

Confidential business information,National banks, Reporting andrecordkeeping requirements, Securities.

12 CFR Part 18

National banks, Reporting andrecordkeeping requirements.

31 CFR Part 1

Confidential business information,Courts, Freedom of information,Government employees, Privacy.

Authority and IssuanceFor the reasons set out in the

preamble, chapter I of title 12, andsubtitle A of title 31, of the Code ofFederal Regulations are amended asfollows:

Comptroller of the Currency

12 CFR CHAPTER I1. Part 4 is revised to read as follows:

PART 4—ORGANIZATION ANDFUNCTIONS, AVAILABILITY ANDRELEASE OF INFORMATION,CONTRACTING OUTREACHPROGRAM

Subpart A—Organization and Functions

Sec.4.1 Purpose.4.2 Office of the Comptroller of the

Currency.4.3 Comptroller of the Currency.4.4 Washington office.4.5 District and field offices.

Subpart B—Availability of InformationUnder the Freedom of Information Act

4.11 Purpose and scope.4.12 Information available under the FOIA.4.13 Publication in the Federal Register.4.14 Public inspection and copying.4.15 Specific requests for records.4.16 Predisclosure notice for confidential

commercial information.4.17 Fees for services.

Subpart C—Release of Non-Public OCCInformation

4.31 Purpose and scope.4.32 Definitions.4.33 Requirements for a request of records

or testimony.4.34 Where to submit a request.4.35 Consideration of requests.4.36 Persons and entities with access to

OCC information; prohibition ondissemination.

4.37 Restrictions on dissemination ofreleased information.

4.38 Notification of parties and proceduresfor sharing and using OCC records inlitigation.

4.39 Fees for services.

Appendix A to Subpart C—ModelStipulation for Protective Order and ModelProtective Order

Subpart D—Minority-, Women-, andIndividuals With Disabilities-OwnedBusiness Contracting Outreach Program;Contracting for Goods and Services

4.61 Purpose.4.62 Definitions.4.63 Policy.4.64 Promotion.4.65 Certification.4.66 Oversight and monitoring.

Authority: 12 U.S.C. 93a. Subpart A alsoissued under 5 U.S.C. 552; Subpart B alsoissued under 5 U.S.C. 552; E.O. 12600 (3CFR, 1987 Comp., p. 235). Subpart C alsoissued under 5 U.S.C. 301, 552; 12 U.S.C.481, 482, 1821(o), 1821(t); 18 U.S.C. 641,1905, 1906; 31 U.S.C. 9701. Subpart D alsoissued under 12 U.S.C. 1833e.

Subpart A—Organization andFunctions

§ 4.1 Purpose.This subpart describes the

organization and functions of the Officeof the Comptroller of the Currency(OCC), and provides the OCC’s principaladdresses.

§ 4.2 Office of the Comptroller of theCurrency.

The OCC supervises and regulatesnational banks and Federal branches

and agencies of foreign banks byexamining these institutions todetermine compliance with applicablelaws and regulations; approving ordenying applications for new charters orfor changes in corporate or bankingstructure; approving or denyingactivities; taking supervisory orenforcement actions; appointingreceivers and conservators; and issuingrules and regulations applicable to theseinstitutions, their subsidiaries, andaffiliates.

§ 4.3 Comptroller of the Currency.

The Comptroller of the Currency(Comptroller), as head of the OCC, isresponsible for all OCC programs andfunctions. The Comptroller is appointedby the President, by and with the adviceand consent of the Senate, for a term offive years. The Comptroller serves as amember of the board of the FederalDeposit Insurance Corporation, amember of the Federal FinancialInstitutions Examination Council, and amember of the board of theNeighborhood ReinvestmentCorporation. The Comptroller is advisedand assisted by OCC staff, who performthe duties and functions that theComptroller directs.

§ 4.4 Washington office.

The Washington office of the OCC isthe main office and headquarters of theOCC. The Washington office directsOCC policy, oversees OCC operations,and is responsible for the directsupervision of certain national banks,including the largest national banks(through its Multinational BankingDepartment) and other national banksrequiring special supervision. TheWashington office is located at 250 EStreet, SW, Washington, DC 20219.

§ 4.5 District and field offices.

(a) District offices. Each district officeof the OCC is responsible for the directsupervision of the national banks andFederal branches and agencies of foreignbanks in its district, with the exceptionof the national banks supervised by theWashington office. The six districtoffices cover the United States, PuertoRico, the Virgin Islands, Guam, and theNorthern Mariana Islands. The officeaddress and the geographicalcomposition of each district follows:

District Office address Geographical composition

Northeastern ............ Office of the Comptroller of the Currency, 1114 Avenue ofthe Americas, Suite 3900, New York, NY 10036.

Connecticut, Delaware, District of Columbia, Maine, Mary-land, Massachusetts, New Hampshire, New Jersey, NewYork, Pennsylvania, Puerto Rico, Rhode Island, Vermont,Virgin Islands


District Office address Geographical composition

Southeastern ........... Office of the Comptroller of the Currency, Marquis OneTower, Suite 600, 245 Peachtree Center Ave., NE, At-lanta, GA 30303.

Alabama, Florida, Georgia, Mississippi, North Carolina,South Carolina, Tennessee, Virginia, West Virginia

Central ..................... Office of the Comptroller of the Currency, One FinancialPlace, Suite 2700, 440 South LaSalle Street, Chicago, IL60605.

Illinois, Indiana, Kentucky, Michigan, Ohio, Wisconsin

Midwestern .............. Office of the Comptroller of the Currency, 2345 GrandAve., Suite 700, Kansas City, MO 64108.

Iowa, Kansas, Minnesota, Missouri, Nebraska, North Da-kota, South Dakota

Southwestern ........... Office of the Comptroller of the Currency, 1600 LincolnPlaza, 500 N. Akard Street, Dallas, TX 75201.

Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

Western ................... Office of the Comptroller of the Currency, 50 FremontStreet, Suite 3900, San Francisco, CA 94105.

Alaska, Arizona, California, Colorado, Guam, Hawaii,Idaho, Montana, Nevada, Northern Mariana Islands, Or-egon, Washington, Wyoming, Utah.

(b) Field offices and duty stations.Field offices and duty stations supportthe bank supervisory responsibilities ofthe district offices.

Subpart B—Availability of InformationUnder the Freedom of Information Act

§ 4.11 Purpose and scope.(a) Purpose. This subpart sets forth

the standards, policies, and proceduresthat the OCC applies in administeringthe Freedom of Information Act (FOIA)(5 U.S.C. 552) to facilitate the OCC’sinteraction with the banking industryand the public.

(b) Scope. (1) This subpart describesthe information that the FOIA requiresthe OCC to disclose to the public(§ 4.12), and the three methods bywhich the OCC discloses thatinformation under the FOIA (§§ 4.13,4.14, and 4.15).

(2) This subpart also sets forthpredisclosure notice procedures that theOCC follows, in accordance withExecutive Order 12600 (3 CFR, 1987Comp., p. 235), when the OCC receivesa request under § 4.15 for disclosure ofrecords that arguably are exempt fromdisclosure as confidential commercialinformation (§ 4.16). Finally, thissubpart describes the fees that the OCCassesses for the services it renders inproviding information under the FOIA(§ 4.17).

(3) This subpart does not apply to arequest for records pursuant to thePrivacy Act (5 U.S.C. 552a). A personrequesting records from the OCCpursuant to the Privacy Act should referto 31 CFR part 1, subpart C, andappendix J of subpart C.

§ 4.12 Information available under theFOIA.

(a) General. In accordance with theFOIA, OCC records are available to thepublic, except the exempt recordsdescribed in paragraph (b) of thissection.

(b) Exemptions from availability. Thefollowing records, or portions thereof,

are exempt from disclosure under theFOIA:

(1) A record that is specificallyauthorized, under criteria established byan Executive order, to be kept secret inthe interest of national defense orforeign policy, and that is properlyclassified pursuant to that Executiveorder;

(2) A record relating solely to theinternal personnel rules and practices ofan agency;

(3) A record specifically exemptedfrom disclosure by statute (other than 5U.S.C. 552b), provided that the statuterequires that the matters be withheldfrom the public in such a manner as toleave no discretion on the issue,establishes particular criteria forwithholding, or refers to particular typesof matters to be withheld;

(4) A record that is privileged orcontains trade secrets, or commercial orfinancial information, furnished inconfidence, that relates to the business,personal, or financial affairs of anyperson (see § 4.16 for noticerequirements regarding disclosure ofconfidential commercial information);

(5) An intra-agency or interagencymemorandum or letter not routinelyavailable by law to a private party inlitigation, including memoranda,reports, and other documents preparedby OCC employees, and records ofdeliberations and discussions atmeetings of OCC employees;

(6) A personnel, medical, or similarrecord, including a financial record, orany portion thereof, where disclosurewould constitute a clearly unwarrantedinvasion of personal privacy;

(7) A record or information compiledfor law enforcement purposes, but onlyto the extent that the OCC reasonablybelieves that producing the record orinformation may:

(i) Interfere with enforcementproceedings;

(ii) Deprive a person of the right to afair trial or an impartial adjudication;

(iii) Constitute an unwarrantedinvasion of personal privacy;

(iv) Disclose the identity of aconfidential source, including a State,local, or foreign agency or authority, orany private institution that furnishedinformation on a confidential basis;

(v) Disclose information furnished bya confidential source, in the case of arecord or information compiled by acriminal law enforcement authority inthe course of a criminal investigation, orby an agency conducting a lawfulnational security intelligenceinvestigation;

(vi) Disclose techniques andprocedures for law enforcementinvestigations or prosecutions, ordisclose guidelines for law enforcementinvestigations or prosecutions if suchdisclosure reasonably could be expectedto risk circumvention of the law; or

(vii) Endanger the life or physicalsafety of any individual;

(8) A record contained in or related toan examination, operating, or conditionreport prepared by, on behalf of, or forthe use of the OCC or any other agencyresponsible for regulating or supervisingfinancial institutions; and

(9) A record containing or relating togeological and geophysical informationand data, including maps, concerningwells.

(c) Discretionary disclosure of exemptrecords. Even if a record is exemptunder paragraph (b) of this section, theOCC may elect, on a case-by-case basis,not to apply the exemption to therequested record. The OCC’s electionnot to apply an exemption to arequested record has no precedentialsignificance as to the application ornonapplication of the exemption to anyother requested record, regardless ofwho requests the record or when theOCC receives the request. The OCC willprovide predisclosure notice tosubmitters of confidential commercialinformation in accordance with § 4.16.

(d) Segregability. The OCC providescopies of reasonably segregable portionsof a record to any person properlyrequesting the record pursuant to § 4.15,after redacting any portion that is


1 Some forms and instructions that national banksuse, such as the Consolidated Report of Conditionand Income (FFIEC 031–034), are not available fromthe OCC. The OCC will provide information onwhere persons may obtain these forms andinstructions upon request.

exempt under paragraph (b) of thissection.

§ 4.13 Publication in the Federal Register.The OCC publishes certain documents

in the Federal Register for the guidanceof the public, including the following:

(a) Proposed and final rules; and(b) Certain notices and policy

statements of concern to the generalpublic.

§ 4.14 Public inspection and copying.(a) Available information. Subject to

the exemptions listed in § 4.12(b), theOCC makes the following informationreadily available for public inspectionand copying:

(1) Any final order, agreement, orother enforceable document issued inthe adjudication of an OCC enforcementcase, including a final order publishedpursuant to 12 U.S.C. 1818(u);

(2) Any final opinion issued in theadjudication of an OCC enforcementcase;

(3) Any statement of general policy orinterpretation of general applicabilitynot published in the Federal Register;

(4) Any administrative staff manual orinstruction to staff that may affect amember of the public as such;

(5) A current index identifying theinformation referred to in paragraphs(a)(1) through (a)(4) of this sectionissued, adopted, or promulgated afterJuly 4, 1967;

(6) A list of available OCCpublications;

(7) A list of forms available from theOCC, and specific forms andinstructions; 1

(8) Any public CommunityReinvestment Act performanceevaluation;

(9) Any public securities-related filingrequired under part 11 or 16 of thischapter;

(10) Any public comment letterregarding a proposed rule; and

(11) The public file (as defined in 12CFR 5.9) with respect to a pendingapplication described in part 5 of thischapter.

(b) Redaction of identifying details. Tothe extent necessary to prevent aninvasion of personal privacy, the OCCmay redact identifying details from anyinformation described in paragraph (a)of this section before making theinformation available for publicinspection and copying.

(c) Addresses. The informationdescribed in paragraphs (a)(1) through

(a)(10) of this section is available fromthe Disclosure Officer, CommunicationsDivision, Office of the Comptroller ofthe Currency, 250 E Street, SW,Washington, DC 20219. The informationdescribed in paragraph (a)(11) of thissection is available from the LicensingManager at the appropriate districtoffice at the address listed in § 4.5(a), orin the case of banks supervised by theMultinational Banking Department,from the Licensing Manager,Multinational Banking, Office of theComptroller of the Currency, 250 EStreet, SW, Washington, DC 20219.

4.15 Specific requests for records.(a) Available information. Subject to

the exemptions described in § 4.12(b),any OCC record is available to anyperson upon specific request inaccordance with this section.

(b) Where to submit request orappeal—(1) General. Except as providedin paragraph (b)(2) of this section, aperson requesting a record or filing anadministrative appeal under this sectionmust submit the request or appeal to theDisclosure Officer, CommunicationsDivision, Office of the Comptroller ofthe Currency, 250 E Street, SW,Washington, DC 20219.

(2) Exceptions—(i) Records at theFederal Deposit Insurance Corporation.A person requesting any of thefollowing records, other than blankforms (see § 4.14(a)(7)), must submit therequest to the Disclosure Group, FederalDeposit Insurance Corporation, 550–17th Street, NW, Washington, DC 20429,(800) 945–2186:

(A) Consolidated Report of Conditionand Income (FFIEC 031, 032, 033, 034);

(B) Annual Report of Trust Assets(FFIEC 001);

(C) Uniform Bank PerformanceReport; and

(D) Special Report.(ii) Records of another agency. When

the OCC receives a request for recordsin its possession that another Federalagency either generated or provided tothe OCC, the OCC promptly informs therequester and immediately forwards therequest to that agency for processing inaccordance with that agency’sregulations.

(c) Request for records—(1) Content ofrequest for records. A person requestingrecords under this section must state, inwriting:

((i) The requester’s full name, address,and telephone number;

(ii) A reasonable description of therecords sought (including sufficientdetail to enable OCC employees who arefamiliar with the subject matter of therequest to locate the records with areasonable amount of effort);

(iii) A statement agreeing to pay allfees that the OCC assesses under § 4.17;

(iv) A description of how therequester intends to use the records, ifa requester seeks placement in a lowerfee category (i.e., a fee category otherthan ‘‘commercial use requester’’) under§ 4.17; and

(v) Whether the requester prefers theOCC to deliver a copy of the records orto allow the requester to inspect therecords at the appropriate OCC office.

(2) Initial determination. The OCC’sDirector of Communications or thatperson’s delegate initially determineswhether to grant a request for OCCrecords.

(3) If request is granted. If the OCCgrants a request for records, in whole orin part, the OCC promptly discloses therecords in one of two ways, dependingon the requester’s stated preference:

(i) The OCC may deliver a copy of therecords to the requester. If the OCCdelivers a copy of the records to therequester, the OCC duplicates therecords at reasonable and proper timesthat do not interfere with their use bythe OCC or preclude other persons frommaking inspections; or

(ii) The OCC may allow the requesterto inspect the records at reasonable andproper times that do not interfere withtheir use by the OCC or preclude otherpersons from making inspections. If theOCC allows the requester to inspect therecords, the OCC may place a reasonablelimit on the number of records that aperson may inspect during a day.

(4) If request is denied. If the OCCdenies a request for records, in whole orin part, the OCC notifies the requesterby mail. The notification is dated andcontains a brief statement of the reasonsfor the denial, sets forth the name andtitle or position of the official makingthe decision, and advises the requesterof the right to an administrative appealin accordance with paragraph (d) of thissection.

(d) Administrative appeal of adenial.—(1) Procedure. A requestermust submit an administrative appeal ofdenial of a request for records in writingwithin 35 days of the date of the initialdetermination. The appeal must includethe circumstances and argumentssupporting disclosure of the requestedrecords.

(2) Appellate determination. TheComptroller or the Comptroller’sdelegate determines whether to grant anappeal of a denial of a request for OCCrecords.

(3) If appeal is granted. If the OCCgrants an appeal, in whole or in part, theOCC treats the request as if it wereoriginally granted, in whole or in part,


by the OCC in accordance withparagraph (c)(3) of this section.

(4) If appeal is denied. If the OCCdenies an appeal, in whole or in part,the OCC notifies the requester by mail.The notification contains a briefstatement of the reasons for the denial,sets forth the name and title or positionof the official making the decision, andadvises the requester of the right tojudicial review of the denial under 5U.S.C. 552(a)(4)(B).

(e) Judicial review—(1) General. If theOCC denies an appeal pursuant toparagraph (d) of this section, or if theOCC fails to make a determinationwithin the time limits specified inparagraph (f) of this section, therequester may commence an action tocompel disclosure of records, pursuantto 5 U.S.C. 552(a)(4)(B), in the UnitedStates district court in:

(i) The district where the requesterresides;

(ii) The district where the requester’sprincipal place of business is located;

(iii) The district where the records arelocated; or

(iv) The District of Columbia.(2) Service of process. In commencing

an action described in paragraph (e)(1)of this section, the requester, in additionto complying with the Federal Rules ofCivil Procedure (28 U.S.C. appendix) forservice upon the United States oragencies thereof, must serve process onthe Chief Counsel or the Chief Counsel’sdelegate at the following location: Officeof the Comptroller of the Currency, 250E Street, SW, Washington, DC 20219.

(f) Time limits—(1) Request. The OCCmakes an initial determination to grantor deny a request for records within 10business days after the date of receipt ofthe request, as described in paragraph(g) of this section, except as stated inparagraph (f)(3) of this section.

(2) Appeal. The OCC makes adetermination to grant or deny anadministrative appeal within 20business days after the date of receipt ofthe appeal, as described in paragraph (g)of this section, except as stated inparagraph (f)(3) of this section.

(3) Extension of time. The time limitsset forth in paragraphs (f)(1) and (2) ofthis section may be extended as follows:

(i) In unusual circumstances. TheOCC may extend the time limits inunusual circumstances for a maximumof 10 business days. If the OCC extendsthe time limits, the OCC provideswritten notice to the person making therequest or appeal, containing the reasonfor the extension and the date on whichthe OCC expects to make adetermination. Unusual circumstancesexist when the OCC requires additionaltime to:

(A) Search for and collect therequested records from field facilities orother buildings that are separate fromthe office processing the request orappeal;

(B) Search for, collect, andappropriately examine a voluminousamount of requested records;

(C) Consult with another agency thathas a substantial interest in thedetermination of the request; or

(D) Allow two or more components ofthe OCC that have substantial interest inthe determination of the request toconsult with each other;

(ii) By agreement. A requester mayagree to extend the time limits for anyamount of time; or

(iii) By judicial action. If a requestercommences an action pursuant toparagraph (e) of this section for failureto comply with the time limits set forthin this paragraph (f), a court withjurisdiction may, pursuant to 5 U.S.C.552(a)(6)(C), allow the OCC additionaltime to complete the review of therecords requested.

(g) Date of receipt of request orappeal. The date of receipt of a requestfor records or an appeal is the date thatOCC Communications Division receivesa request that satisfies the requirementsof paragraph (c)(1) or (d)(1) of thissection, except as provided in § 4.17(d).

§ 4.16 Predisclosure notice for confidentialcommercial information.

(a) Definitions. For purposes of thissection, the following definitions apply:

(1) Confidential commercialinformation means records that arguablycontain material exempt from releaseunder Exemption 4 of the FOIA (5U.S.C. 552(b)(4); § 4.12(b)(4)), becausedisclosure reasonably could causesubstantial competitive harm to thesubmitter.

(2) Submitter means any person orentity that provides confidentialcommercial information to the OCC.This term includes corporations, Stategovernments, foreign governments, andbanks and their employees, officers,directors, and principal shareholders.

(b) Notice to submitter—(1) Whenprovided. In accordance with ExecutiveOrder 12600 (3 CFR, 1987 Comp., p.235), when the OCC receives a requestunder § 4.15(c) or, where appropriate,an appeal under § 4.15(d) for disclosureof confidential commercial information,the OCC provides a submitter withprompt written notice of the receipt ofthat request (except as provided inparagraph (b)(2) of this section) in thefollowing circumstances:

(i) With respect to confidentialcommercial information submitted tothe OCC prior to January 1, 1988, if:

(A) The records are less than 10 yearsold and the submitter designated theinformation as confidential commercialinformation;

(B) The OCC reasonably believes thatdisclosure of the information may causesubstantial competitive harm to thesubmitter; or

(C) The information is subject to aprior express OCC commitment ofconfidentiality; and

(ii) With respect to confidentialcommercial information submitted tothe OCC on or after January 1, 1988, if:

(A) The submitter in good faithdesignated the information asconfidential commercial information;

(B) The OCC designated the class ofinformation to which the requestedinformation belongs as confidentialcommercial information; or

(C) The OCC reasonably believes thatdisclosure of the information may causesubstantial competitive harm to thesubmitter.

(2) Exceptions. The OCC generallydoes not provide notice underparagraph (b)(1) of this section if theOCC determines that:

(i) It will not disclose the information;(ii) The information already has been

disclosed officially to the public;(iii) The OCC is required by law (other

than 5 U.S.C. 552) to disclose theinformation;

(iv) The OCC acquired theinformation in the course of a lawfulinvestigation of a possible violation ofcriminal law;

(v) The submitter had an opportunityto designate the requested informationas confidential commercial informationat the time of submission of theinformation or a reasonable timethereafter and did not do so, unless theOCC has substantial reason to believethat disclosure of the information wouldresult in competitive harm; or

(vi) The OCC determines that thesubmitter’s designation under paragraph(b)(1)(ii)(A) of this section is frivolous;in such case, however, the OCC willprovide the submitter with writtennotice of any final administrativedetermination to disclose theinformation at least 10 business daysprior to the date that the OCC intendsto disclose the information.

(3) Content of notice. The OCC eitherdescribes in the notice the exact natureof the confidential commercialinformation requested or includes withthe notice copies of the records orportions of records containing thatinformation.

(4) Expiration of notice period. TheOCC provides notice under thisparagraph (b) with respect toinformation that the submitter


designated under paragraph (b)(1)(ii)(A)of this section only for a period of 10years after the date of the submitter’sdesignation, unless the submitterrequests and justifies to the OCC’ssatisfaction a specific notice period ofgreater duration.

(5) Certification of confidentiality. Ifpossible, the submitter should supportthe claim of confidentiality with astatement or certification that therequested information is confidentialcommercial information that thesubmitter has not disclosed to thepublic. This statement should beprepared by an officer or authorizedrepresentative if the submitter is acorporation or other entity.

(c) Notice to requester. If the OCCprovides notice to a submitter underparagraph (b) of this section, the OCCnotifies the person requestingconfidential commercial information(requester) that it has provided notice tothe submitter. The OCC also advises therequester that if there is a delay in itsdecision whether to grant or deny accessto the information sought, the delay maybe considered a denial of access to theinformation, and that the requester mayproceed with an administrative appealor seek judicial review. However, therequester may agree to a voluntaryextension of time to allow the OCC toreview the submitter’s objection todisclosure (see § 4.15(f)(3)(ii)).

(d) Opportunity to object todisclosure. Within 10 days afterreceiving notice under paragraph (b) ofthis section, the submitter may providethe OCC with a detailed statement ofobjection to disclosure of theinformation. That statement mustspecify the grounds for withholding anyof the information under any exemptionof the FOIA. Any statement that thesubmitter provides under this paragraph(d) may be subject to disclosure underthe FOIA.

(e) Notice of intent to disclose. TheOCC considers carefully a submitter’sobjection and specific grounds fornondisclosure prior to determiningwhether to disclose the requestedinformation. If the OCC decides todisclose information over the objectionof the submitter, the OCC provides tothe submitter, with a copy to therequester, a written notice that includes:

(1) A statement of the OCC’s reasonsfor not sustaining the submitter’sobjections to disclosure;

(2) A description of the information tobe disclosed;

(3) The anticipated disclosure date,which is not less than 10 business daysafter the OCC mails the written noticerequired under this paragraph (e); and

(4) A statement that the submittermust notify the OCC immediately if thesubmitter intends to seek injunctiverelief.

(f) Notice of requester’s lawsuit.Whenever the OCC receives service ofprocess indicating that a requester hasbrought suit seeking to compel the OCCto disclose information covered byparagraph (b)(1) of this section, the OCCpromptly notifies the submitter.

§ 4.17 Fees for services.(a) Definitions. For purposes of this

section, the following definitions apply:(1) Actual costs means those

expenditures that the OCC incurs inproviding services (including searchingfor, reviewing, and duplicating records)in response to a request for recordsunder § 4.15.

(2) Search means the process oflocating a record in response to arequest, including page-by-page or line-by-line identification of material withina record. The OCC may perform a searchmanually or by electronic means.

(3) Review means the process ofexamining a record located in responseto a request to determine which portionsof that record should be released. It alsoincludes processing a record fordisclosure.

(4) Duplication means the process ofcopying a record in response to arequest. A copy may take the form of apaper copy, microform, audiovisualmaterials, or machine readable material(e.g., magnetic tape or disk), amongothers.

(5) Commercial use requester means aperson who seeks records for a use orpurpose that furthers the commercial,trade, or profit interests of the requesteror the person on whose behalf therequest is made.

(6) Educational institution requestermeans a person who seeks records onbehalf of a public or private educationalinstitution, including a preschool, anelementary or secondary school, aninstitution of undergraduate or graduatehigher education, an institution ofprofessional education, or an institutionof vocational education that operates aprogram of scholarly research.

(7) Noncommercial scientificinstitution requester means a personwho is not a ‘‘commercial userequester,’’ as that term is defined inparagraph (a)(5) of this section, and whoseeks records on behalf of an institutionoperated solely for the purpose ofconducting scientific research, theresults of which are not intended topromote any particular product orindustry.

(8) Requester who is a representativeof the news media means a person who

seeks records for the purpose ofgathering news (i.e., information aboutcurrent events or of current interest tothe public) on behalf of, or a free-lancejournalist who reasonably expects tohave his or her work product publishedor broadcast by, an entity organized andoperated to publish or broadcast news tothe public.

(b) Fees—(1) General. The hourly andper page rate that the OCC generallycharges requesters is set forth in the‘‘Notice of Comptroller of the CurrencyFees’’ (Notice) described in 12 CFR 8.8.Any interested person may request acopy of the Notice from the OCC by mailor may obtain a copy at the locationdescribed in § 4.14(c). The OCC maycontract with a commercial service tosearch for, duplicate, or disseminaterecords, provided that the OCCdetermines that the fee assessed upon arequester is no greater than if the OCCperformed the tasks itself. The OCCdoes not contract out responsibilitiesthat the FOIA provides that the OCCalone may discharge, such asdetermining the applicability of anexemption or whether to waive orreduce a fee.

(2) Fee categories. The OCC assessesa fee based on the fee category in whichthe OCC places the requester. If therequest states how the requester intendsto use the requested records (see§ 4.15(c)(1)(iv)), the OCC may place therequester in a lower fee category;otherwise, the OCC categorizes therequester as a ‘‘commercial userequester.’’ If the OCC reasonablydoubts the requester’s stated intendeduse, or if that use is not clear from therequest, the OCC may place therequester in the ‘‘commercial use’’category or may seek additionalclarification. The fee categories are asfollows:

(i) Commercial use requesters. TheOCC assesses a fee for a requester in thiscategory for the actual cost of search,review, and duplication. A requester inthis category does not receive any freesearch, review, or duplication services.

(ii) Educational institution requesters,noncommercial scientific institutionrequesters, and requesters who arerepresentatives of the news media. TheOCC assesses a fee for a requester in thiscategory for the actual cost ofduplication. A requester in this categoryreceives 100 free pages.

(iii) All other requesters. The OCCassesses a fee for a requester who doesnot fit into either of the above categoriesfor the actual cost of search andduplication. A requester in this categoryreceives 100 free pages and two hoursof free search time.


(3) Special services. The OCC may, inits discretion, accommodate a requestfor special services. The OCC mayrecover the actual cost of providing anyspecial services.

(4) Waiving or reducing a fee. TheOCC may waive or reduce a fee underthis section whenever, in its opinion,disclosure of records is in the publicinterest because the disclosure:

(i) Is likely to contribute significantlyto public understanding of theoperations or activities of thegovernment; and

(ii) Is not primarily in the commercialinterest of the requester.

(5) Fee for unsuccessful search. TheOCC may assess a fee for time spentsearching for records, even if the OCCdoes not locate the records requested.

(c) Payment of fees—(1) General. TheOCC generally assesses a fee when itdelivers the records in response to therequest, if any. A requester must sendpayment within 30 calendar days of thebilling date to the CommunicationsDivision, Office of the Comptroller ofthe Currency, 250 E Street, SW.,Washington, DC 20219.

(2) Fee likely to exceed $25. If theOCC estimates that a fee is likely toexceed $25, the OCC notifies therequester of the estimated fee, unless therequester has indicated in advance awillingness to pay a fee as high as theestimated fee. If so notified by the OCC,the requester may confer with OCCemployees to revise the request toreflect a lower fee.

(3) Fee likely to exceed $250. If theOCC estimates that a fee is likely toexceed $250, the OCC notifies therequester of the estimated fee. In thiscircumstance, the OCC may require, asa condition to processing the request,that the requester:

(i) Provide satisfactory assurance offull payment, if the requester has ahistory of prompt payment; or

(ii) Pay the estimated fee in full, if therequester does not have a history ofprompt payment.

(4) Failure to pay a fee. If therequester fails to pay a fee within 30days of the date of the billing, the OCCmay require, as a condition toprocessing any further request, that therequester pay any unpaid fee, plusinterest (as provided in paragraph (c)(5)of this section), and any estimated fee infull for that further request.

(5) Interest on unpaid fee. The OCCmay assess interest charges on anunpaid fee beginning on the 31st dayfollowing the billing date. The OCCcharges interest at the rate prescribed in31 U.S.C. 3717.

(d) Tolling of time limits. Under thecircumstances described in paragraphs

(c) (2), (3), and (4) of this section, thetime limits set forth in § 4.15(f) (i.e., 10business days from the receipt of arequest for records and 20 business daysfrom the receipt of an administrativeappeal, plus any permissible extension)begin only after the OCC receives arevised request under paragraph (c)(2) ofthis section, an assurance of paymentunder paragraph (c)(3)(i) of this section,or the required payments underparagraph (c)(3)(i) or (c)(4) of thissection.

(e) Aggregating requests. When theOCC reasonably believes that a requesteror group of requesters is attempting tobreak a request into a series of requestsfor the purpose of evading theassessment of a fee, the OCC mayaggregate the requests and assess a feeaccordingly.

Subpart C—Release of Non-PublicOCC Information

§ 4.31 Purpose and scope.(a) Purpose. The purposes of this

subpart are to:(1) Afford an orderly mechanism for

the OCC to process expeditiouslyrequests for non-public OCCinformation, and, when appropriate, forthe OCC to assert evidentiary privilegesin litigation;

(2) Recognize the public’s interest inobtaining access to relevant andnecessary information and thecountervailing public interest ofmaintaining the effectiveness of theOCC supervisory process andappropriate confidentiality of OCCsupervisory information;

(3) Ensure that the OCC’s informationis used in a manner that supports thepublic interest and the interests of theOCC;

(4) Ensure that OCC resources areused in the most efficient mannerconsistent with the OCC’s statutorymission;

(5) Minimize burden on nationalbanks, the public, and the OCC;

(6) Limit the expenditure ofgovernment resources for privatepurposes; and

(7) Maintain the OCC’s impartialityamong private litigants.

(b) Scope. (1) This subpart applies torequests for, and dissemination of, non-public OCC information, includingrequests for records or testimony arisingout of civil lawsuits and administrativeproceedings to which the OCC is not aparty. Lawsuits and administrativeproceedings to which the OCC is not aparty include proceedings in which aFederal agency is a party in oppositionto the private requester.

(2) This subpart does not apply to:

(i) A request for a record or testimonyin a proceeding in which the OCC is aparty; or

(ii) A request for a record that isrequired to be disclosed under theFreedom of Information Act (FOIA) (5U.S.C. 552), as described in § 4.12.

(3) A request for a record or testimonymade by the Board of Governors of theFederal Reserve System, the FederalDeposit Insurance Corporation, agovernment agency of the United Statesor a foreign government, a state agencywith authority to investigate violationsof criminal law, or a state bankregulatory agency is governed solely by§ 4.36(c).

§ 4.32 Definitions.

(a) Complete request means a requestcontaining sufficient information toallow the OCC to make an informeddecision.

(b) Non-public OCC information. Non-public OCC information:

(1) Means information that the OCC isnot required to release under the FOIA(5 U.S.C. 552) or that the OCC has notyet published or made availablepursuant to 12 U.S.C. 1818(u) andincludes:

(i) A record created or obtained by theOCC in connection with the OCC’sperformance of its responsibilities, suchas a record concerning supervision,licensing, regulation, and examinationof a national bank, a bank holdingcompany, or an affiliate;

(ii) A record compiled by the OCC inconnection with the OCC’s enforcementresponsibilities;

(iii) A report of examination,supervisory correspondence, aninvestigatory file compiled by the OCCin connection with an investigation, andany internal agency memorandum,whether the information is in thepossession of the OCC or some otherindividual or entity;

(iv) Confidential OCC informationobtained by a third party or otherwiseincorporated in the records of a thirdparty, including another governmentagency;

(v) Testimony from, or an interviewwith, a current or former OCCemployee, officer, or agent concerninginformation acquired by that person inthe course of his or her performance ofofficial duties with the OCC or due tothat person’s official status at the OCC;and

(vi) Confidential information relatingto operating and no longer operatingnational banks as well as theirsubsidiaries and their affiliates; and

(2) Is the property of the Comptroller.A report of examination is loaned to the


bank or holding company for itsconfidential use only.

(c) Relevant means could contributesubstantially to the resolution of one ormore specifically identified issues in thecase.

(d) Show a compelling need means, insupport of a request for testimony,demonstrate with as much detail as isnecessary under the circumstances, thatthe requested information is relevantand that the relevant material containedin the testimony is not available fromany other source. Sources, withoutlimitation, include the books andrecords of other persons or entities andnon-public OCC records that have been,or might be, released.

(e) Testimony means an interview orsworn testimony on the record.

§ 4.33 Requirements for a request ofrecords or testimony.

(a) Generally—(1) Form of request. Aperson seeking non-public OCCinformation must submit a request inwriting to the OCC. The requester mustexplain, in as detailed a description asis necessary under the circumstances,the bases for the request and how therequested non-public OCC informationrelates to the issues in the lawsuit ormatter.

(2) Expedited request. A requesterseeking a response in less than 60 daysmust explain why the request was notsubmitted earlier and why the OCCshould expedite the request.

(3) Request arising from adversarialmatters. Where the requestedinformation is to be used in connectionwith an adversarial matter:

(i) The OCC generally will require thatthe lawsuit or administrative action hasbeen filed before it will consider therequest;

(ii) The request must include:(A) A copy of the complaint or other

pleading setting forth the assertions inthe case;

(B) The caption and docket number ofthe case;

(C) The name, address, and phonenumber of counsel to each party in thecase; and

(D) A description of any prior judicialdecisions or pending motions in thecase that may bear on the assertedrelevance of the requested information;

(iii) The request must also:(A) Show that the information is

relevant to the purpose for which it issought;

(B) Show that other evidencereasonably suited to the requester’sneeds is not available from any othersource;

(C) Show that the need for theinformation outweighs the public

interest considerations in maintainingthe confidentiality of the OCCinformation and outweighs the burdenon the OCC to produce the information;

(D) Explain how the issues in the caseand the status of the case warrant thatthe OCC allow disclosure; and

(E) Identify any other issue that maybear on the question of waiver ofprivilege by the OCC.

(b) Request for records. If the requestis for a record, the requester mustadequately describe the record orrecords sought by type and date.

(c) Request for testimony—(1)Generally. A requester seekingtestimony:

(i) Must show a compelling need forthe requested information; and

(ii) Should request OCC testimonywith sufficient time to obtain thetestimony in deposition form.

(2) Trial or hearing testimony. Arequester seeking testimony at a trial orhearing must show that a depositionwould not suffice.

§ 4.34 Where to submit a request.(a) A request for non-public OCC

information. A person requestinginformation under this subpart,requesting authentication of a recordunder § 4.38(d), or submitting anotification of the issuance of asubpoena or compulsory process under§ 4.36, shall send the request ornotification to: Office of the Comptrollerof the Currency, 250 E Street, SW,Washington, DC 20219, Attention:Director, Litigation Division.

(b) Combined requests for non-publicand other OCC information. A personrequesting public OCC information andnon-public OCC information under thissubpart may submit a combined requestfor both to the address in paragraph (a)of this section. If a requester decides tosubmit a combined request under thissection, the OCC will process thecombined request under this subpartand not under subpart B of this part(FOIA).

(c) Request by government agencies. Arequest made pursuant to § 4.36(c) mustbe submitted:

(1) In a civil action, to the Director ofthe OCC’s Litigation Division at theWashington, DC office; or

(2) In a criminal action, to theappropriate district counsel or theDirector of the OCC’s Enforcement andCompliance Division at the Washington,DC, office.

§ 4.35 Consideration of requests.(a) In general—(1) OCC discretion.

The OCC decides whether to releasenon-public OCC information based onits weighing of all appropriate factors

including the requestor’s fulfilling of therequirements enumerated in § 4.33.Each decision is at the sole discretion ofthe Comptroller or the Comptroller’sdelegate and is a final agency decision.OCC action on a request for non-publicOCC information exhaustsadministrative remedies for discovery ofthe information.

(2) Bases for denial. The OCC maydeny a request for non-public OCCinformation for reasons that include thefollowing:

(i) The requester was unsuccessful inshowing that the information is relevantto the pending matter;

(ii) The requester seeks testimony andthe requestor did not show a compellingneed for the information;

(iii) The request arises from anadversarial matter and other evidencereasonably suited to the requester’s needis available from another source;

(iv) A lawsuit or administrative actionhas not yet been filed and the requestwas made in connection with potentiallitigation; or

(v) The production of the informationwould be contrary to the public interestor unduly burdensome to the OCC.

(3) Additional information. Arequester must submit a completerequest. The OCC may require therequester to provide additionalinformation to complete a request.Consistent with the purposes stated in§ 4.31, the OCC may inquire into thecircumstances of any case underlyingthe request and rely on sources ofinformation other than the requester,including other parties.

(4) Time required by the OCC torespond. The OCC generally willprocess requests in the order in whichthey are received. The OCC will notifythe requester in writing of the finaldecision. Absent exigent or unusualcircumstances, the OCC will respond toa request within 60 days from the datethat the OCC receives a request that itdeems a complete request. Consistentwith § 4.33(a)(2), the OCC weighs arequest to respond to provideinformation in less than 60 days againstthe unfairness to other requesters whosepending requests may be delayed andthe burden imposed on the OCC by theexpedited processing.

(5) Notice to subject national banks.Following receipt of a request for non-public OCC information, the OCCgenerally notifies the national bank thatis the subject of the requestedinformation, unless the OCC, in itsdiscretion, determines that to do sowould advantage or prejudice any of theparties in the matter at issue.

(b) Testimony. (1) The OCC generallywill not authorize a current OCC


employee to provide expert or opinionevidence for a private party.

(2) The OCC may restrict the scope ofany authorized testimony and may actto ensure that the scope of testimonygiven by the OCC employee adheres tothe scope authorized by the OCC.

(3) Once a request for testimony hasbeen submitted, and before therequested testimony occurs, a party tothe relevant case, who did not join inthe request and who wishes to questionthe witness beyond the scope oftestimony sought by the request, shalltimely submit the party’s own requestfor OCC information pursuant to thissubpart.

(4) The OCC may offer the requesterthe employee’s written declaration inlieu of testimony.

(c) Release of non-public OCCinformation by others. In appropriatecases, the OCC may respond to a requestfor information by authorizing a party tothe case who is in possession of non-public OCC information to release theinformation to the requester. An OCCauthorization to release records does notpreclude the party in possession fromasserting its own privilege, arguing thatthe records are not relevant, or assertingany other argument for which it hasstanding to protect the records fromrelease.

§ 4.36 Persons and entities with access toOCC information; prohibition ondissemination.

(a) OCC employees or formeremployees—(1) Generally. Except asauthorized by this subpart or otherwiseby the OCC, no OCC employee or formeremployee may, in any manner, discloseor permit the disclosure of any non-public OCC information to anyone otherthan an employee of the Comptrollerwho is entitled to the information forthe performance of OCC duties.

(2) Duty of person served. Any OCCemployee or former employeesubpoenaed or otherwise requested toprovide information covered by thissubpart shall immediately notify theOCC as provided in this paragraph. TheOCC may intervene, attempt to have thecompulsory process withdrawn, andregister appropriate objections when anemployee or former employee receives asubpoena and the subpoena requires theemployee or former employee to appearor produce OCC information. Ifnecessary, the employee or formeremployee shall appear as required andrespectfully decline to produce theinformation sought, citing this subpartand United States ex rel. Touhy v.Ragen, 340 U.S. 462 (1951). The OCCemployee or former employee shallimmediately notify the OCC if

subpoenaed or otherwise asked for non-public OCC information:

(i) In a civil action, by notifying theDirector of the OCC—s LitigationDivision at the Washington, DC office;or

(ii) In a criminal action, by notifyingthe appropriate district counsel, fordistrict employees and former districtemployees; or the Director of the OCC’sEnforcement and Compliance Divisionat the Washington, DC office, forWashington employees and formerWashington employees.

(b) Non-OCC employees or entities—(1) Generally. (i) Without OCC approval,no person, national bank, or otherentity, including one in lawfulpossession of non-public OCCinformation under paragraph (b)(2) ofthis section, may disclose informationcovered by this subpart in any manner,except:

(A) After the requester has sought theinformation from the OCC pursuant tothe procedures set forth in this subpart;and

(B) As ordered by a Federal court ina judicial proceeding in which the OCChas had the opportunity to appear andoppose discovery.

(ii) Any person who discloses or usesnon-public OCC information except asexpressly permitted by the Comptrollerof the Currency or as ordered by aFederal court, under paragraph (b)(1)(i)of this section, may be subject to thepenalties provided in 18 U.S.C. 641.

(2) Exception for national banks.When necessary or appropriate for bankbusiness purposes, a national bank orholding company, or any director,officer, or employee thereof, maydisclose non-public OCC information,including information contained in, orrelated to, OCC reports of examination,to a person or organization officiallyconnected with the bank as officer,director, employee, attorney, auditor, orindependent auditor. A national bank orholding company or a director, officer,or employee thereof may also releasenon-public OCC information to aconsultant under this paragraph if theconsultant is under a written contract toprovide services to the bank and theconsultant has a written agreement withthe bank in which the consultant:

(i) States its awareness of, andagreement to abide by, the prohibitionon the dissemination of non-public OCCinformation contained in paragraph(b)(1) of this section; and

(ii) Agrees not to use the non-publicOCC information for any purpose otherthan as provided under its contract toprovide services to the bank.

(3) Duty of person or entity served.Any person, national bank, or other

entity served with a request, subpoena,order, motion to compel, or otherjudicial or administrative process toprovide non-public OCC informationshall:

(i) Immediately notify the Director ofthe OCC’s Litigation Division at theWashington, DC office and inform theDirector of all relevant facts, includingthe documents and informationrequested, so that the OCC mayintervene in the judicial oradministrative action if appropriate;

(ii) Inform the requester of thesubstance of these rules and, inparticular, of the obligation to follow therequest procedures in §§ 4.33 and 4.34;and

(iii) At the appropriate time, informthe court or tribunal that issued theprocess of the substance of these rules.

(4) Actions of the OCC followingnotice of service. Following receipt ofnotice pursuant to paragraph (b)(3) ofthis section, the OCC may direct therequester to comply with §§ 4.33 and4.34, intervene in the judicial oradministrative action, attempt to havethe compulsory process withdrawn, orregister other appropriate objections.

(5) Return of records. The OCC mayrequire any person in possession of OCCrecords to return the records to the OCC.

(c) Disclosure to government agencies.When not prohibited by law, theComptroller may make available to theBoard of Governors of the FederalReserve System, the Federal DepositInsurance Corporation, and, in theComptroller’s sole discretion, to certainother government agencies of the UnitedStates and foreign governments, stateagencies with authority to investigateviolations of criminal law, and statebank regulatory agencies, a copy of areport of examination, testimony, orother non-public OCC information fortheir use, when necessary, in theperformance of their official duties. Allnon-public OCC information madeavailable pursuant to this paragraph isOCC property, and the OCC maycondition its use on appropriateconfidentiality protections, includingthe mechanisms identified in § 4.37.

(d) Intention of OCC not to waiverights. The possession by any of theentities or individuals described inparagraphs (a), (b), and (c) of thissection of non-public OCC informationdoes not constitute a waiver by the OCCof its right to control, or imposelimitations on, the subsequent use anddissemination of the information.

§ 4.37 Restrictions on dissemination ofreleased information.

(a) Records. The OCC may conditiona decision to release non-public OCC


information on entry of a protectiveorder by the court or administrativetribunal presiding in the particular caseor, in non-adversarial matters, on awritten agreement of confidentiality. Ina case in which a protective order hasalready been entered, the OCC maycondition approval for release of non-public OCC information upon theinclusion of additional or amendedprovisions in the protective order. TheOCC may authorize a party whoobtained records for use in one case toprovide them to another party inanother case.

(b) Testimony. The OCC maycondition its authorization of depositiontestimony on an agreement of the partiesto appropriate limitations, such as anagreement to keep the transcript of thetestimony under seal or to make thetranscript available only to the parties,the court, and the jury. Upon request oron its own initiative, the OCC mayallow use of a transcript in otherlitigation. The OCC may require therequester, at the requester’s expense, tofurnish the OCC with a copy of thetranscript. The OCC employee whosedeposition was transcribed does notwaive his or her right to review thetranscript and to note errors.

§ 4.38 Notification of parties andprocedures for sharing and using OCCrecords in litigation.

(a) Responsibility of litigants to notifyparties of a request for testimony. Uponsubmitting a request to the OCC for thetestimony of an OCC employee orformer employee, the requester shallnotify all other parties to the case thata request has been submitted.

(b) Responsibility of litigants to sharereleased records. The requester shallpromptly notify other parties to a caseof the release of non-public OCCinformation obtained pursuant to thissubpart, and, upon entry of a protectiveorder, shall provide copies of OCCinformation, including OCC informationobtained pursuant to § 4.15, to the otherparties.

(c) Retrieval and destruction ofreleased records. At the conclusion ofan action:

(1) The requester shall retrieve anynon-public OCC information from thecourt’s file as soon as the court nolonger requires the information;

(2) Each party shall destroy the non-public OCC information covered by theprotective order; and

(3) Each party shall certify to the OCCthat the non-public OCC informationcovered by the protective order has beendestroyed.

(d) Authentication for use asevidence. Upon request, the OCC

authenticates released records tofacilitate their use as evidence.Requesters who require authenticatedrecords or certificates of nonexistence ofrecords should, as early as possible,request certificates from the OCC’sLitigation Division pursuant to § 4.34(a).

§ 4.39 Fees for services.(a) Fees for records search, copying,

and certification. The requester shallpay a fee to the OCC, or to a commercialcopier under contract to the OCC, forany records search, copying, orcertification in accordance with thestandards specified in § 4.17. The OCCmay require a requester to remitpayment prior to providing therequested information.

(b) Witness fees and mileage. Aperson whose request for testimony of acurrent OCC employee is approvedshall, upon completion of thetestimonial appearance, tenderpromptly to the OCC payment for thewitness fees and mileage. The litigantshall compute these amounts inaccordance with 28 U.S.C. 1821. Alitigant whose request for testimony ofa former OCC employee is approvedshall tender promptly to the witness anywitness fees or mileage due inaccordance with 28 U.S.C. 1821.

Appendix A to Subpart C—ModelStipulation for Protective Order andModel Protective Order

I. Model StipulationCASE CAPTIONMODEL STIPULATION FOR PROTECTIVEORDER

Whereas, counsel for llllll haveapplied to the Comptroller of the Currency(hereinafter ‘‘Comptroller’’) pursuant to 12CFR Part 4, Subpart C, for permission to havemade available, in connection with thecaptioned action, certain records; and

Whereas, such records are deemed by theComptroller to be confidential andprivileged, pursuant to 12 U.S.C. 481; 5U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12CFR 4.12, and Part 4, Subpart C; and

Whereas, following consideration by theComptroller of the application of the abovedescribed party, the Comptroller hasdetermined that the particular circumstancesof the captioned action warrant makingcertain possibly relevant records as denotedin Appendix ‘‘A’’ to this Stipulation [recordsto be specified by type and date] available tothe parties in this action, provided thatappropriate protection of their confidentialitycan be secured;

Therefore, it is hereby stipulated by andbetween the parties hereto, through theirrespective attorneys that they will be boundby the following protective order which maybe entered by the Court without furthernotice.

Dated this l day of ll, 19l.lllllllllllllllllllll

Attorney for PlaintifflllllllllllllllllllllAttorney for Defendant

II. Model Protective OrderCASE CAPTION

MODEL PROTECTIVE ORDERWhereas, counsel for llllll have

applied to the Comptroller of the Currency(hereinafter Comptroller’’) pursuant to 12CFR Part 4, Subpart C, for permission to havemade available, in connection with thecaptioned action, certain records; and

Whereas, such records are deemed by theComptroller to be confidential andprivileged, pursuant to 12 U.S.C. 481; 5U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12CFR 4.12, and Part 4, Subpart C;

Whereas, following consideration by theComptroller of the application of the abovedescribed party, the Comptroller hasdetermined that the particular circumstancesof the captioned action warrant makingcertain possibly relevant records available tothe parties in this action, provided thatappropriate protection of their confidentialitycan be secured;

Now, Therefore, it is Ordered That:1. The records, as denoted in Appendix

‘‘A’’ to the Stipulation for this ProtectiveOrder, upon being furnished [or released foruse] by the Comptroller, shall be disclosedonly to the parties to this action, theircounsel, and the court [and the jury].

2. The parties to this action and theircounsel shall keep such records and anyinformation contained in such recordsconfidential and shall in no way divulge thesame to any person or entity, except to suchexperts, consultants and non-party witnessesto whom the records and their contents shallbe disclosed, solely for the purpose ofproperly preparing for and trying the action.

3. No person to whom information andrecords covered by this Order are disclosedshall make any copies or otherwise use suchinformation or records or their contents forany purpose whatsoever, except inconnection with this action.

4. Any party or other person who wishesto use the information or records or theircontents in any other action shall make aseparate application to the Comptrollerpursuant to 12 CFR Part 4, Subpart C.

5. Should any records covered by thisOrder be filed with the Court or utilized asexhibits at depositions in the captionedaction, or should information or records ortheir contents covered by this Order bedisclosed in the transcripts of depositions orthe trial in the captioned action, suchrecords, exhibits and transcripts shall be filedin sealed envelopes or other sealedcontainers marked with the title of thisaction, identifying each document and articletherein and bearing a statement substantiallyin the following form:CONFIDENTIAL

Pursuant to the Order of the Court datedllllll this envelope containing theabove-identified papers filed by (the name ofthe party) is not to be opened nor thecontents thereof displayed or revealed exceptto the parties to this action or their counselor by further Order of the Court.


6. FOR JURY TRIAL: Any party offeringany of the records into evidence shall offeronly those pages, or portions thereof, that arerelevant and material to the issues to bedecided in the action and shall block out anyportion of any page that contains informationnot relevant or material. Furthermore, thename of any person or entity contained onany page of the records who is not a partyto this action, or whose name is nototherwise relevant or material to the action,shall be blocked out prior to the admissionof such page into evidence. Anydisagreement regarding what portion of anypage that should be blocked out in thismanner shall be resolved by the Court incamera, and the Court shall decide itsadmissibility into evidence.

7. At the conclusion of this action, allparties shall certify to the Comptroller thatthe records covered by this Order have beendestroyed. Furthermore, counsel forllllll, pursuant to 12 CFR 4.38(b),shall retrieve any records covered by thisOrder that may have been filed with theCourt.

So Ordered:lllllllllllllllllllllJudge

Date

Subpart D—Minority- , Women- , andIndividuals With Disabilities-OwnedBusiness Contracting OutreachProgram; Contracting for Goods andServices

§ 4.61 Purpose.Pursuant to the Financial Institutions

Reform, Recovery, and Enforcement Actof 1989, Sec. 1216(c), Pub. L. 101–73,103 Stat. 183, 529 (12 U.S.C. 1833e(c))and consistent with the RehabilitationAct of 1973, as amended (29 U.S.C. 701et seq.), this subpart establishes the OCCMinority- , Women- , and Individualswith Disabilities-Owned BusinessContracting Outreach Program(Outreach Program). The OutreachProgram is intended to ensure that firmsowned and operated by minorities,women, and individuals withdisabilities have the opportunity toparticipate, to the maximum extentpossible, in all contracting activities ofthe OCC.

§ 4.62 Definitions.(a) Minority- and/or women-owned

(small and large) businesses and entitiesowned by minorities and women(MWOB) means firms at least 51 percentunconditionally-owned by one or moremembers of a minority group or by oneor more women who are citizens of theUnited States. In the case of publicly-owned companies, at least 51 percent ofeach class of voting stock must beunconditionally-owned by one or moremembers of a minority group or by oneor more women who are citizens of theUnited States. In the case of a

partnership, at least 51 percent of thepartnership interest must beunconditionally-owned by one or moremembers of a minority group or by oneor more women who are citizens of theUnited States. Additionally, for theforegoing cases, the management anddaily business operations must becontrolled by one or more suchindividuals.

(b) Minority means any AfricanAmerican, Native American (i.e.,American Indian, Eskimo, Aleut andNative Hawaiian), Hispanic American,Asian-Pacific American, orSubcontinent-Asian American.

(c) Individual with disabilities-owned(small and large) businesses and entitiesowned by individuals with disabilities(IDOB) means firms at least 51 percentunconditionally-owned by one or moremembers who are individuals withdisabilities and citizens of the UnitedStates. In the case of publicly-ownedcompanies, at least 51 percent of eachclass of voting stock must beunconditionally-owned by one or moremembers who are individuals withdisabilities and who are citizens of theUnited States. In the case of apartnership, at least 51 percent of thepartnership interest must beunconditionally-owned by one or moremembers who are individuals withdisabilities and citizens of the UnitedStates. Additionally, for the foregoingcases, the management and dailybusiness operations must be controlledby one or more such individuals.

(d) Individual with disabilities meansany person who has a physical ormental impairment that substantiallylimits one or more of such person’smajor life activities, has a record of suchan impairment, or is regarded as havingsuch an impairment. For purposes ofthis part, it does not include anindividual who is currently engaging inthe illegal use of drugs nor anindividual who has a currentlycontagious disease or infection andwho, by reason of such disease orinfection, would constitute a directthreat to the health or safety of otherindividuals or who, by reason of thecurrently contagious disease orinfection, is unable to perform theduties of the job as defined by the IDOB.

(e) Unconditional ownership meansownership that is not subject toconditions or similar arrangementswhich cause the benefits of theOutreach Program to accrue to personsother than the participating MWOB orIDOB.

§ 4.63 Policy.The OCC’s policy is to ensure that

MWOBs and IDOBs have the

opportunity to participate, to themaximum extent possible, in contractsawarded by the OCC. The OCC awardscontracts consistent with the principlesof full and open competition and bestvalue acquisition, and with the conceptof contracting for agency needs at thelowest practicable cost. The OCCensures that MWOBs and IDOBs havethe opportunity to participate fully inall contracting activities that the OCCenters into for goods and services,whether generated by the headquartersoffice in Washington, DC, or any otheroffice of the OCC. Contractingopportunities may include smallpurchase awards, contracts above thesmall purchase threshold, and deliveryorders issued against othergovernmental agency contracts.

§ 4.64 Promotion.(a) Scope. The OCC, under the

direction of the Deputy Comptroller forResource Management, engages inpromotion and outreach activitiesdesigned to identify MWOBs and IDOBscapable of providing goods and servicesneeded by the OCC, to facilitateinteraction between the OCC and theMWOBs and IDOBs community, and toindicate the OCC’s commitment todoing business with that community.The Outreach Program is designed tofacilitate OCC’s participation inbusiness promotion events sponsored byother government agencies and attendedby minorities, women and individualswith disabilities. Once the OCC hasidentified a prospective participant, itwill assist the minority- or women-owned business or individual withdisabilities-owned business inunderstanding the OCC’s needs andcontracting process.

(b) Outreach activities. OCC’sOutreach Program includes thefollowing:

(1) Obtaining various lists anddirectories of MWOBs and IDOBsmaintained by government agencies;

(2) Contacting appropriate firms forparticipation in the OCC’s OutreachProgram;

(3) Participating in businesspromotion events comprised of orattended by MWOBs and IDOBs toexplain OCC contracting opportunitiesand to obtain names of potentialMWOBs and IDOBs;

(4) Ensuring that the OCC contractingstaff understands and actively promotesthis Outreach Program; and

(5) Registering MWOBs and IDOBs inthe Department of the Treasury’sdatabase to facilitate their participationin the competitive procurement processfor OCC contracts. This database is usedby OCC procurement staff to identify


firms to be solicited for OCCprocurements.

§ 4.65 Certification.(a) Objective. To preserve the integrity

and foster the Outreach Program’sobjectives, each prospective MWOB orIDOB must demonstrate that it meets theownership and control requirements forparticipation in the Outreach Program.

(b) MWOB. A prospective MWOB maydemonstrate its eligibility forparticipation in the Outreach Programby:

(1) Submitting a valid MWOBcertification received from anothergovernment agency whose definition ofMWOB is substantially similar to thatspecified in § 4.62(a);

(2) Self-certifying MWOB ownershipstatus by filing with the OCC acompleted and signed certification formas prescribed by the Federal AcquisitionRegulation, 48 CFR 53.301–129; or

(3) Submitting a valid MWOBcertification received from the SmallBusiness Administration.

(c) IDOB. A prospective IDOB maydemonstrate its eligibility forparticipation in the Outreach Programby:

(1) Submitting a valid IDOBcertification received from anothergovernment agency whose definition ofIDOB is substantially similar to thatspecified in § 4.62(c); or

(2) Self-certifying IDOB ownershipstatus by filing with the OCC acompleted and signed certification asprescribed in the Federal AcquisitionRegulation, 48 CFR 53.301–129, andadding an additional certifyingstatement to read as follows:

I certify that I am an individual withdisabilities as defined in 12 CFR 4.62(d), andthat my firm, (Name of Firm) qualifies as anindividual with disabilities-owned businessas defined in 12 CFR 4.62(c).

§ 4.66 Oversight and monitoring.The Deputy Comptroller for Resource

Management shall appoint an OutreachProgram Manager, who shall appoint anOutreach Program Specialist. TheOutreach Program Manager is primarilyresponsible for program advocacy,oversight and monitoring.

PART 10—MUNICIPAL SECURITIESDEALERS

2. The authority citation for part 10 isrevised to read as follows:

Authority: 12 U.S.C. 93a; 15 U.S.C. 78o–4(c)(5), and 78q–78w.

§ 10.1 [Amended]3. In § 10.1, the introductory text is

amended by revising the term‘‘Comptroller of the Currency’’ to read

‘‘Office of the Comptroller of theCurrency (OCC)’’.

§ 10.2 [Amended]4. In § 10.2, paragraph (b) is amended

by revising the term ‘‘Rulemakingboard’’ to read ‘‘Rulemaking Board’’.

5. In § 10.3, paragraph (a) is revised,paragraphs (b) and (c) are amended byrevising the term ‘‘Comptroller of theCurrency’’ to read ‘‘OCC’’, and a newparagraph (d) is added to read asfollows:

§ 10.3 Filing of documents.(a) All documents required to be filed

with the OCC in accordance with thispart are to be filed at the Chief NationalBank Examiner’s Office, Office of theComptroller of the Currency, 250 EStreet, SW, Washington, DC 20219.* * * * *

(d) Forms MSD–4 and MSD–5, withinstructions, may be obtained from theChief National Bank Examiner’s Officeat the address listed in paragraph (a) ofthis section.

§ 10.4 [Amended]6. In § 10.4, paragraphs (a)(1),

(a)(2)(ii), (b)(2)(ii), (c)(1), and (d)(2) areamended by revising the term‘‘Comptroller of the Currency’’ to read‘‘OCC’’, and paragraph (b)(2)(i) isamended by revising the term ‘‘board’’to read ‘‘Board’’.

7. The undesignated centerheadingpreceding § 10.41 is removed.

§ 10.41 [Removed]8. Section 10.41 is removed.

§ 10.42 [Removed]9. Section 10.42 is removed.

PART 11—SECURITIES EXCHANGEACT DISCLOSURE RULES

10. The authority citation for part 11is revised to read as follows:

Authority: 12 U.S.C. 93a; 15 U.S.C. 78l,78m, 78n, 78p, and 78w.

§ 11.1 [Amended]

11. In § 11.1, paragraph (a) isamended in the first sentence byrevising the term ‘‘Comptroller’’ to read‘‘Office of the Comptroller of theCurrency (OCC)’’, and in the secondsentence by revising the term‘‘Comptroller’’ to read ‘‘OCC’’.

§ 11.2 [Amended]

12. In § 11.2, paragraph (a) isamended by revising the term‘‘ ‘Comptroller’ ’’ to read ‘‘ ‘OCC’ ’’, andparagraph (c) is amended by revising theterm ‘‘Comptroller’’ to read ‘‘OCC’’.

13. Section 11.3 is revised to read asfollows:

§ 11.3 Filing requirements and inspectionof documents.

(a) All papers required to be filed withthe OCC pursuant to the 1934 Act orregulations thereunder shall besubmitted in quadruplicate to theSecurities and Corporate PracticesDivision, Office of the Comptroller ofthe Currency, 250 E Street, SW.,Washington, DC 20219. Material may befiled by delivery to the OCC through themail or otherwise. The date on whichpapers are actually received by the OCCshall be the date of filing, if the personor bank filing the papers has compliedwith all applicable requirements.

(b) Copies of registration statements,definitive proxy solicitation materials,reports, and annual reports toshareholders required by this part(exclusive of exhibits) are available fromthe Disclosure Officer, CommunicationsDivision, Office of the Comptroller ofthe Currency, at the address listed inparagraph (a) of this section.

14. In § 11.4, paragraph (a) is revisedto read as follows:

§ 11.4 Filing fees.

(a) The OCC may require filing fees toaccompany certain filings made underthis part before it will accept the filing.The OCC provides an applicable feeschedule for such filings in the ‘‘Noticeof Comptroller of the Currency Fees’’described in 12 CFR 8.8.* * * * *

PART 18—DISCLOSURE OFFINANCIAL AND OTHERINFORMATION BY NATIONAL BANKS


Authority: 12 U.S.C. 93a, 161, and 1818.

§ 18.1 [Amended]

16. In § 18.1, paragraph (a) isamended by revising the term ‘‘Office’ssupervisory efforts’’ to read‘‘supervisory efforts of the Office of theComptroller of the Currency (OCC)’’.

§ 18.4 [Amended]

17. In § 18.4, paragraph (a)(1)(ii) isamended by revising the term ‘‘Nonaccrual Loans and Leases’’ to read‘‘Nonaccrual Loans, Leases, and OtherAssets’’, and paragraph (b) and the textpreceding the statement in paragraph (d)are amended by revising the term‘‘Office’’ to read ‘‘OCC’’ each place itappears.

18. In § 18.5, paragraph (a) is revisedto read as follows:

§ 18.5 Alternative annual disclosurestatements.

* * * * *


(a) In the case of a national bankhaving a class of securities registeredpursuant to section 12 of the SecuritiesExchange Act of 1934 (15 U.S.C. 78l), byits annual report to security holders formeetings at which directors are to beelected;* * * * *

§ 18.9 [Amended]19. Section 18.9 is amended by

revising the term ‘‘Office of theComptroller of the Currency’’ to read‘‘OCC’’.


§ 18.10 Prohibited conduct and penalties.(a) No national bank or institution-

affiliated party shall, directly orindirectly:

(1) Disclose or cause to be disclosedfalse or misleading information in theannual disclosure statement, or omit orcause the omission of material orrequired information in the annualdisclosure statement; or

(2) Represent that the OCC, or anyemployee thereof, has passed upon theaccuracy or completeness of the annualdisclosure statement.

(b) For purposes of this part,institution-affiliated party means:

(1) Any director, officer, employee, orcontrolling stockholder (other than abank holding company) of, or agent for,a national bank;

(2) Any other person who has filed oris required to file a change-in-controlnotice with the OCC under 12 U.S.C.1817(j);

(3) Any shareholder (other than abank holding company), consultant,joint venture partner, and any otherperson as determined by the OCC (byregulation or case-by-case) whoparticipates in the conduct of the affairsof a national bank; and

(4) Any independent contractor(including any attorney, appraiser, oraccountant) who knowingly orrecklessly participates in:

(i) Any violation of any law orregulation;

(ii) Any breach of fiduciary duty; or(iii) Any unsafe or unsound practice,

which caused or is likely to cause morethan a minimal financial loss to, or asignificant adverse effect on, thenational bank.

(c) Conduct that violates paragraph (a)of this section also may constitute anunsafe or unsound banking practice orotherwise serve as a basis forenforcement action by the OCCincluding, but not limited to, theassessment of civil money penaltiesagainst the bank or any institution-affiliated party who violates this part.


31 CFR Subtitle A

PART 1—DISCLOSURE OF RECORDS


Authority: 5 U.S.C. 301 and 31 U.S.C. 321.Subpart A also issued under 5 U.S.C. 552, asamended. Subpart C also issued under 5U.S.C. 552a.

22. Under the authority of 12 U.S.C.93a and 31 CFR 1.1(d), appendix J ofsubpart A of 31 CFR part 1 is amendedby revising paragraphs 2. through 5. toread as follows:

Appendix J—Office of the Comptrollerof the Currency

* * * * *2. Public reading room. The Office of the

Comptroller of the Currency will makematerials available for review on an ad hocbasis when necessary. Contact the DisclosureOfficer, Communications Division, Office ofthe Comptroller of the Currency, 250 E Street,SW, Washington, DC 20219.

3. Requests for records. Initialdeterminations under 31 CFR 1.5(g) whetherto grant requests for records of the Office ofthe Comptroller of the Currency will be madeby the Director of Communications or thatperson’s delegate. Requests may be mailed ordelivered in person to: Disclosure Officer,Communications Division, Office of theComptroller of the Currency, 250 E Street,SW, Washington, DC 20219.

4. Administrative appeal of initialdetermination to deny records. Appellatedeterminations under 31 CFR 1.5(h) withrespect to records of the Office of theComptroller of the Currency will be made bythe Comptroller or the Comptroller’sdelegate. Appeals may be mailed or deliveredin person to: Disclosure Officer,Communications Division, Office of theComptroller of the Currency, 250 E Street,SW, Washington, DC 20219.

5. Delivery of process. Service of processshall be delivered to the Chief Counsel or theChief Counsel’s delegate at the followinglocation: Office of the Comptroller of theCurrency, 250 E Street, SW, Washington, DC20219.

23. Under the authority of 12 U.S.C.93a and 31 CFR 1.20, appendix J ofsubpart C of 31 CFR part 1 is amendedby revising paragraphs 2. through 6. toread as follows:

Appendix J—Office of the Comptrollerof the Currency

* * * * *2. Requests for notification and access to

records and accountings of disclosures.Initial determinations under 31 CFR 1.26whether to grant requests for notification andaccess to records and accountings ofdisclosures for the Office of the Comptrollerof the Currency will be made by the head ofthe organizational unit having immediate

custody of the records requested or thedelegate of that official. This is indicated inthe appropriate system notice in ‘‘Privacy ActIssuances’’ published biennially by the Officeof the Federal Register. Requests forinformation and specific guidance on whereto send requests for records shall be mailedor delivered personally to: Disclosure Officer,Communications Division, Office of theComptroller of the Currency, 250 E Street,SW, Washington, DC 20219.

3. Requests for amendment of records.Initial determinations under 31 CFR 1.27 (a)through (d) whether to grant requests toamend records will be made by theComptroller’s delegate or the head of theorganizational unit having immediatecustody of the records or the delegate of thatofficial. Requests for amendment shall bemailed or delivered personally to: DisclosureOfficer, Communications Division, Office ofthe Comptroller of the Currency, 250 E Street,SW., Washington, DC 20219.

4. Administrative appeal of initialdeterminations refusing amendment ofrecords. Appellate determinations refusingamendment of records under 31 CFR 1.27(e)including extensions of time on appeal, withrespect to records of the Office of theComptroller of the Currency will be made bythe Comptroller of the Currency or theComptroller’s delegate. Appeals shall bemailed or delivered personally to: DisclosureOfficer, Communications Division, Office ofthe Comptroller of the Currency, 250 E Street,SW., Washington, DC 20219.

5. Statements of disagreement. ‘‘Statementsof Disagreement’’ under 31 CFR 1.27(e)(4)(i)shall be filed with the OCC’s Director ofCommunications at the address indicated inthe letter of notification within 35 days of thedate of such notification and should belimited to one page.

6. Service of process. Service of processshall be delivered to the Chief Counsel or theChief Counsel’s delegate at the followinglocation: Office of the Comptroller of theCurrency, 250 E Street, SW., Washington, DC20219.* * * * *

Dated: October 31, 1995.Eugene A. Ludwig,Comptroller of the Currency.[FR Doc. 95–28115 Filed 11–14–95; 8:45 am]BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93–CE–61–AD; Amendment 39–9386; AD 95–20–07]

Airworthiness Directives; The NewPiper Aircraft, Inc. (Formerly PiperAircraft Corporation) PA24, PA28R,PA30, PA32R, PA34, and PA39 SeriesAirplanes; Correction

AGENCY: Federal AviationAdministration, DOT.


ACTION: Final rule; correction.

SUMMARY: This action makes acorrection to Airworthiness Directive(AD) 95–20–07 concerning The NewPiper Aircraft, Inc. (Piper) PA24,PA28R, PA30, PA32R, PA34, and PA39airplanes, which was published in theFederal Register on October 5, 1995 (60FR 52073). That publication incorrectlyreferences who may accomplish theinspections of the left and right maingear side brace studs. The AD currentlyrequires the inspection ‘‘* * * by afacility approved by the FAA. * * *’’The Federal Aviation Administration’sintent is to have this inspectionaccomplished ‘‘by a facility or personauthorized by the FAA. * * *’’ Thisaction corrects the AD to reflect thischange.

EFFECTIVE DATE: November 17, 1995.

FOR FURTHER INFORMATION CONTACT:Christina Marsh, Aerospace Engineer,FAA, Atlanta Aircraft CertificationOffice, Campus Building, 1701Columbia Avenue, suite 2–160, CollegePark, Georgia 30337–2748; telephone(404) 305–7362; facsimile (404) 305–7348.

SUPPLEMENTARY INFORMATION: OnSeptember 28, 1995, the FederalAviation Administration (FAA) issuedAD 95–20–07, Amendment 39–9386 (60FR 52073, October 5, 1995), whichapplies to Piper PA24, PA28R, PA30,PA32R, PA34, and PA39 seriesairplanes. This AD requires repetitivelyinspecting (using dye penetrant ormagnetic particle methods) the maingear side brace studs for cracks, andreplacing any cracked main side bracestud.

The AD incorrectly references whomay accomplish the inspections of theleft and right main gear side brace studs.AD 95–20–07 currently requires theinspection ‘‘* * * by a facilityapproved by the FAA. * * *’’ TheFederal Aviation Administration’sintent is to have this inspectionaccomplished ‘‘by a facility or personauthorized by the FAA. * * *’’ Thisaction corrects the AD to reflect thischange.

Need for Correction

As published, the final regulationshave incorrectly referenced who canaccomplish the main side brace studinspections. The way the finalregulations are currently written willprevent certain qualified mechanicsfrom accomplishing the main side bracestud inspections, which is not theFAA’s intent.

Correction of PublicationAccordingly, the publication of

October 5, 1995 (60 FR 52073) ofAmendment 39–9386; AD 95–20–07,which was the subject of FR Doc. 95–24713, is corrected as follows:

In the last line of the third column onpage 52073, and continuing on the firsttwo lines of the first column on page52074, replace ‘‘* * * accomplished ata facility that is approved by the FAAto perform either dye penetrant ormagnetic particle inspections’’ with‘‘* * * accomplished by a facility orpersons authorized by the FAA toperform either dye penetrant ormagnetic particle inspections.’’

§ 39.13 [Corrected]On page 52075, in the third column,

in § 39.13, in lines 8 through 11 ofparagraph (a) of AD 95–20–07, replace‘‘Inspections must be accomplished by afacility approved by the FAA toaccomplish the applicable inspectionmethod.’’ with ‘‘Inspections must beaccomplished by a facility or personsauthorized by the FAA to accomplishthe applicable inspection method.’’

On page 52077, in the second column,in § 39.13, in lines 4 through 7 ofparagraph (c) of AD 95–20–07, replace‘‘Inspections must be accomplished by afacility approved by the FAA toaccomplish the applicable inspectionmethod.’’ with ‘‘Inspections must beaccomplished by a facility or personsauthorized by the FAA to accomplishthe applicable inspection method.’’

Issued in Kansas City, Missouri, onNovember 8, 1995.Henry A. Armstrong,Acting Manager, Small Airplane Directorate,Aircraft Certification Service.[FR Doc. 95–28146 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–U

14 CFR Parts 61, 63, 65, 108, 121, and135

[Docket No. 25804; SFAR No. 58–1]

RIN 2120–AF00

Advanced Qualification Program

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Final rule; correction.

SUMMARY: This document containscorrections to a final rule published onOctober 3, 1995 (60 FR 51850). Thisaction deletes the words ‘‘AmendmentNo. 61–98, 63–30, 65–39, 108–13, 121–250, and 135–57’’, inadvertently used inthe heading of the document, and addsthe words ‘‘Special Federal AviationRegulation No. 58–1, in the subject line.

EFFECTIVE DATE: September 27, 1995.FOR FURTHER INFORMATION CONTACT: JohnAllen, Advanced Qualification ProgramBranch (AFS–230), Air TransportationDivision, Office of Flight Standards,Federal Aviation Administration, P.O.Box 20027, Dulles International Airport,Washington, DC 20041–2027; telephone(703) 661–0260.

Correction of PublicationIn the final rule on page 51850 in the

issue of Tuesday, October 3, 1995,delete the words ‘‘Amendment No. 61–98, 63–30, 108–13, 121–250, and 135–57’’, from the heading and add to thesubject line the words: ‘‘Special FederalAviation Regulation No. 58–1’’.

Issued in Washington, DC, on November 6,1995.Donald P. Byrne,Assistant Chief Counsel, Regulation Division.[FR Doc. 95–28221 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 95–AAL–2]

Amendment of G–8 and V–328; AK

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Final rule.

SUMMARY: This amendment modifies thedesignations of Colored Federal AirwayG–8 and Alaskan Federal Airway V–328. The FAA is realigning ColoredAirway G–8 to avoid certain restrictedareas. Alaskan Federal Airway V–328 isrealigned from Dillingham, AK, andKipnuk, AK, resulting in a lowerminimum en route altitude (MEA) of9,000 feet. This amendment willenhance the flow of air traffic.EFFECTIVE DATE: 0901 UTC, January 4,1996.FOR FURTHER INFORMATION CONTACT:Norman W. Thomas, Airspace andObstruction Evaluation Branch (ATP–240), Airspace-Rules and AeronauticalInformation Division, Air Traffic Rulesand Procedures Service, FederalAviation Administration, 800Independence Avenue, SW.,Washington, DC 20591; telephone: (202)267–9230.


HistoryOn September 7, 1995, the FAA

proposed to amend part 71 of theFederal Aviation Regulations (14 CFRpart 71) to modify the designations ofColored Airway G–8 and FederalAirway V–328 in Alaska (60 FR 46547).Interested parties were invited to


participate in this rulemakingproceeding by submitting writtencomments on the proposal to the FAA.No comments objecting to the proposalwere received. Except for editorialchanges and a one degree bearingchange to G–8 from ‘‘Campbell LakeNDB 032°’’ to ‘‘Campbell Lake NDB031°’’ and ‘‘Glenallen, AK, NDB 253°’’to ‘‘Glenallen, AK, NDB 255°,’’ thisamendment is the same as that proposedin the notice. Green Colored Federalairways are published in paragraph6009(a) and Alaskan Federal airways arepublished in paragraph 6010(b) of FAAOrder 7400.9C dated August 17, 1995,and effective September 16, 1995, whichis incorporated by reference in 14 CFR71.1. The Colored Federal airway andthe Alaskan Federal airway listed in thisdocument will be publishedsubsequently in the Order.

The Rule

This amendment to part 71 of theFederal Aviation Regulations modifiesColored Federal Airway G–8 byrealigning it to avoid Restricted AreasR–2203A, R–2203B and R–2203C.Realigning Alaskan Federal Airway V–328, as a direct route betweenDillingham, AK, and Kipnuk, AK, willresult in a lower MEA of 9,000 feet. Thisaction will enhance the flow of traffic.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. It, therefore, (1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aregulatory evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this rule will not havea significant economic impact on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.


Airspace, Incorporation by reference,Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, theFederal Aviation Administrationamends 14 CFR part 71, as follows:

PART 71—[AMENDED]


Authority: 49 U.S.C. 106(g), 40103, 40113,40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in14 CFR 71.1 of the Federal AviationAdministration Order 7400.9C, AirspaceDesignations and Reporting Points,dated August 17, 1995, and effectiveSeptember 16, 1995, is amended asfollows:

Paragraph 6009(a)—Green Federal Airways

* * * * *

G–8 [Revised]

From Shemya, AK, NDB, 20 AGL Adak,AK, NDB; 20 AGL Dutch Harbor, AK, NDB;20 AGL INT Dutch Harbor NDB 041° andElfee, AK, NDB 253° bearings; 20 AGL ElfeeNDB; 20 AGL Saldo, AK, NDB; INT SaldoNDB 054° and Kachemak, AK, NDB 269°bearings, to Kachemak NDB. From CampbellLake, AK, NDB; INT Campbell Lake NDB031° and Glenallen, AK, NDB 255° bearings;Glenallen NDB; INT Glenallen NDB 052° andNabesna, AK, NDB 252° bearings; NabesnaNDB.* * * * *

Paragraph 6010(b)—Alaskan VOR FederalAirways

* * * * *

V–328 [Revised]

From Dillingham, AK; to Kipnuk, AK.* * * * *

Issued in Washington, DC, on November 8,1995.Harold W. Becker,Manager, Airspace-Rules and AeronauticalInformation Division.[FR Doc. 95–28220 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–P

Federation Aviation Administration

14 CFR Part 121

[Docket No. 27065, Amendment 121–249]

RIN 2120–AE43

Suspension of PreEmploymentAlcohol Testing Requirement

AGENCY: Federal AviationAdministration, DOT.ACTION: Final rule, correction.

SUMMARY: This document contains acorrection to the final rule published onMay 10, 1995, (60 FR 24765). Thisaction deletes the numbers ‘‘121–237’’,inadvertently used in the heading of thedocument and replaces it with thenumbers ‘‘121–249’’.EFFECTIVE DATE: May 10, 1995.FOR FURTHER INFORMATION CONTACT:Bill McAndrew, (202) 366–6710.

Correction of Publication

In the final rule on page 24765 in theissue of Wednesday, May 10, 1995,delete the numbers ‘‘121–237’’, from theheading and add the numbers ‘‘121–249’’ to the heading.

Issued in Washington, DC, on November 6,1995.Donald P. Byrne,Assistant Chief Counsel, RegulationsDivision.[FR Doc. 95–28222 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 95–0710174–5248–02]

RIN 0691–AA26

International Services Surveys: BE–82Annual Survey of Financial ServicesTransactions Between U.S. FinancialServices Providers and UnaffiliatedForeign Persons

AGENCY: Bureau of Economic Analysis,Commerce.ACTION: Final rule.

SUMMARY: These final rules institute anew international services survey, theBE–82, Annual Survey of FinancialServices Transactions Between U.S.Financial Services Providers andUnaffiliated Foreign Persons, to beconducted by the Bureau of EconomicAnalysis (BEA), U.S. Department ofCommerce. The survey will updateinformation collected on thequinquennial BE–80, Benchmark Surveyof Financial Services TransactionsBetween U.S. Financial ServicesProviders and Unaffiliated ForeignPersons, which was first conducted for1994. Together, the two surveys willproduce continuous annual time seriesof data on financial services that are outof scope of other international servicessurveys. The information is needed,among other purposes, to support tradepolicy initiatives, including tradenegotiations, on financial services andto compile the U.S. balance of paymentsand national income and productaccounts.

The survey will be conducted underthe International Investment and Tradein Services Survey Act and the OmnibusTrade and Competitiveness Act of 1988.The first survey will cover 1995.DATES: These rules will be effectiveDecember 15, 1995.FOR FURTHER INFORMATION CONTACT:


Betty L. Barker, Chief, InternationalInvestment Division (BE–50), Bureau ofEconomic Analysis, U.S. Department ofCommerce, Washington, DC 20230;phone (202) 606–9805.SUPPLEMENTARY INFORMATION: In theAugust 8, 1995 Federal Register,volume 60, No. 152, 60 FR 40336, BEApublished a notice of proposedrulemaking setting forth reportingrequirements for a new survey, the BE–82, Annual Survey of Financial ServicesTransactions Between U.S. FinancialServices Providers and UnaffiliatedForeign Persons. No comments on theproposed rules were received. As aresult, the final rules are the same as theproposed rules.

These final rules amend existing 15CFR 801.9 to implement the newsurvey. The survey will be conducted byBEA under the International Investmentand Trade in Services Survey Act (Pub.L. 94–472, 90 Stat. 2059, 22 U.S.C.3101–3108, as amended) and theOmnibus Trade and CompetitivenessAct of 1988 (Pub. L. 100–418, 15 U.S.C.4908). Section 3103(a) of theInternational Investment and Trade inServices Survey Act provides that ‘‘ThePresident shall, to the extent he deemsnecessary and feasible—* * * (1)conduct a regular data collectionprogram to secure current information* * * related to internationalinvestment and trade in services * * * ;and (5) publish for the use of the generalpublic and United States Governmentagencies periodic, regular, andcomprehensive statistical informationcollected pursuant to this subsection* * * ’’ In Section 3 of Executive Order11961, as amended by Executive Order12518, the President delegated theauthority under the Act as concernsinternational trade in services to theSecretary of Commerce, who hasredelegated it to BEA. The OmnibusTrade and Competitiveness Act of 1988directs that ‘‘The Secretary (ofCommerce) shall ensure that * * *there is included in the Data Bankinformation on service sector activitythat is as complete and timely asinformation on economic activity in themerchandise sector. The Secretary shallundertake a new benchmark survey ofservices transactions, includingtransactions with respect to * * *banking services; (and) brokerageservices. * * * The Secretary shall(also) provide, not less than once a year,comprehensive information on theservice sector of the economy.’’

The major purposes of the survey areto provide the information on financialservices needed in monitoring U.S.services trade, analyzing its effects on

the U.S. economy, formulating U.S.international trade policy, supportingbilateral and multilateral tradenegotiations, compiling the U.S. balanceof payments and national income andproduct accounts, developing U.S.international price indexes for services,assessing U.S. competitiveness ininternational trade in services, andimproving the ability of U.S. businessesto identify and evaluate foreign marketopportunities.

The BE–82 survey will be conductedin years in which the BE–80 benchmarksurvey, or census, is not conducted; thefirst BE–80 survey was for 1994 and thefirst BE–82 survey will be for 1995. TheBE–82 survey will update the dataprovided on the universe of financialservices transactions between U.S.financial services providers andunaffiliated foreign persons obtained inthe BE–80 survey. It covers the sametypes of financial services as the BE–80survey, but the exemption level belowwhich reporting is not required is $5million, compared with $1 million inthe BE–80 survey. Thus, reporting in theBE–82 is required from U.S. financialservices providers who have sales to orpurchases from unaffiliated foreignpersons in all covered financial servicescombined in excess of $5 million duringthe reporting year. Those financialservices providers meeting this criteriamust apply data on the amount of theirsales or purchases of each covered typeof service, disaggregated by country.U.S. financial services providers thathave covered transactions of $5 millionor less during the reporting year areasked to provide, on a voluntary basis,estimates only of their total sales orpurchases of each type of financialservice.

Executive Order 12612These final rules do not contain

policies with Federalism implicationssufficient to warrant preparation of aFederalism assessment under E.O.12612.

Executive Order 12866These final rules have been

determined to be not sufficient forpurposes of E.O. 12866.

Paperwork Reduction ActThe collection of information

requirement in these final rules hasbeen approved by OMB (OMB No.0608–0063).

Public reporting burden for thiscollection of information is estimated tovary from 4 to 150 hours, with anoverall average burden of 7.5 hours.This includes time for reviewing theinstructions, searching existing data

sources, gathering and maintaining thedata needed, and completing andreviewing the collection of information.Comments from the public regarding theburden estimate or any other aspect ofthis collection of information should beaddressed to: Director, Bureau ofEconomic Analysis (BE–1), U.S.Department of Commerce, Washington,DC 20230; and to the Office ofManagement and Budget, Washington,DC 20503, Attention: Desk Officer forthe Department of Commerce.

Regulatory Flexibility Act

The Assistant General Counsel forLegislation and Regulation, Departmentof Commerce, has certified to the ChiefCounsel for Advocacy, Small BusinessAdministration, under the provisions ofthe Regulatory Flexibility Act (5 U.S.C.605(b)), that these final rules will nothave a significant economic impact ona substantial number of small entities.The exemption level for the surveyexcludes most small businesses frommandatory reporting. Reporting isrequired only if total sales or totalpurchases transactions in financialservices with unaffiliated foreignpersons by U.S. financial servicesproviders exceed $5 million during theyear. In addition, international businesstends to be conducted mainly by thelarger companies in a given industry; inthe financial services industry, this isparticularly true, because of the highdegree of consolidation that hasoccurred in that industry in the UnitedStates during the past several years. Inany event, small businesses tend to havespecialized operations and activities, sothose with reportable transactions willlikely not have significant amounts ofdata to report; therefore, the burden onthem will be relatively small.


Balance of payments, Economicstatistics, Foreign trade, Penalties,Reporting and recordkeepingrequirements.

Dated: October 4, 1995.J. Steven Landefeld,Acting Director, Bureau of EconomicAnalysis.

For the reasons set forth in thepreamble, BEA amends 15 CFR part 801,as follows:

PART 801—[AMENDED]

1. The authority citation for 15 CFRpart 801 is revised to read as follows:

Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22U.S.C. 3101–3108; E.O. 11961, 3 CFR, 1977Comp., p. 86 as amended by E.O. 12013, 3CFR, 1977 Comp., p. 147, E.O. 12318, 3 CFR,


1981 Comp., p. 173, and E.O. 12518, 3 CFR,1985 Comp., p. 348.

2. Section 801.9 is amended byadding paragraph (b)(7) to read asfollows:

§ 801.9 Reports required.

* * * * *(b) Annual surveys. * * *(7) BE–82, Annual Survey of

Financial Services TransactionsBetween U.S. Financial ServicesProviders and Unaffiliated ForeignPersons:

(i) A BE–82, Annual Survey ofFinancial Services TransactionsBetween U.S. Financial ServicesProviders and Unaffiliated ForeignPersons, will be conducted coveringcompanies’ 1995 fiscal year and everyyear thereafter except when a BE–80,Benchmark Survey of Financial ServicesTransactions Between U.S. FinancialServices Providers and UnaffiliatedForeign Persons, is conducted (see§ 801.11). All legal authorities,provisions, definitions, andrequirements contained in § 801.1through § 801.8 are applicable to thissurvey. Additional rules and regulationsfor the BE–82 survey are given inparagraphs (b)(7)(i)(A) through (D) ofthis section. More detailed instructionsare given on the report form itself.

(A) Who must report.—(1) Mandatoryreporting. Reports are required fromeach U.S. person who is a financialservices provider or intermediary, orwhose consolidated U.S. enterpriseincludes a separately organizedsubsidiary or part that is a financialservices provider or intermediary, andwho had transactions (either sales orpurchases) directly with unaffiliatedforeign persons in all financial servicescombined in excess of $5,000,000during its fiscal year covered by thesurvey. The $5,000,000 thresholdshould be applied to financial servicestransactions with unaffiliated foreignpersons by all parts of the consolidatedU.S. enterprise combined that arefinancial services providers orintermediaries. Because the $5,000,000threshold applies separately to sales andpurchases, the mandatory reportingrequirement may apply only to sales,only to purchases, or to both sales andpurchases.

(i) The determination of whether aU.S. financial services provider orintermediary is subject to thismandatory reporting requirement maybe judgmental, that is, based on thejudgment of knowledgeable persons in acompany who can identify reportabletransactions on a recall basis, with areasonable degree of certainty, without

conducting a detailed manual recordssearch.

(ii) Reporters who file pursuant to thismandatory reporting requirement mustprovide data on total sales and/orpurchases of each of the covered typesof financial services transactions andmust disaggregate the totals by country.

(2) Voluntary reporting. If, during thefiscal year covered, sales or purchases offinancial services by a firm that is afinancial services provider orintermediary, or by a firm’s subsidiariesor parts combined that are financialservices providers or intermediaries, are$5,000,000 or less, the U.S. person isrequested to provide an estimate of thetotal for each type of service. Provisionof this information is voluntary. Becausethe $5,000,000 threshold appliesseparately to sales and purchases, thisvoluntary reporting option may applyonly to sales, only to purchases, or toboth sales and purchases.

(B) BE–82 definition of financialservices provider. The definition of afinancial services provider used for thissurvey is the same as that used for theBE–80 benchmark survey, as defined in§ 801.11(b).

(C) Covered types of services. The BE–82 survey covers the same types offinancial services transactions that arecovered by the BE–80 benchmarksurvey, as listed in § 801.11(c).

(D) What to file. (1) The BE–82 surveyconsists of Forms BE–82(A) and BE–82(B). Before completing a Form BE–82(B), a consolidated U.S. enterprise(including the top parent and all of itssubsidiaries and parts combined) mustcomplete Form BE–82(A) to determineits reporting status. If the enterprise issubject to the mandatory reportingrequirement, or if it is exempt from themandatory reporting requirement butchooses to report data voluntarily, eithera separate Form BE–82(B) may be filedfor each separately organized financialservices subsidiary or part of theconsolidated U.S. enterprise, or a singleBE–82(B) may be filed, representing thesum of covered transactions by allfinancial services subsidiaries or partsof the enterprise combined.

(2) Reporters that receive the BE–82survey from BEA, but that are notreporting data in either the mandatoryor voluntary section of any Form BE–82(B), must return the Exemption Claim,attached to Form BE–82(A), to BEA.

(ii) [Reserved]

[FR Doc. 95–28229 Filed 11–14–95; 8:45 am]BILLING CODE 3510–EA–M

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Food and Drug Administration

21 CFR Part 5

Delegations of Authority andOrganization; Center for DrugEvaluation and Research

AGENCY: Food and Drug Administration,HHS.

ACTION: Final rule.

SUMMARY: The Food and DrugAdministration (FDA) is amending theregulations for delegations of authorityrelating to the list of FDA officials in theCenter for Drug Evaluation and Research(CDER) with authority to perform all thefunctions of the Commissioner of Foodand Drugs with respect to approval ofnew drug applications and supplementsthereto on drugs for human use. Thisaction is being taken to realign approvalpoints for division-level authorities to amore reasonable and manageablenumber.


FOR FURTHER INFORMATION CONTACT:Rixie L. Scott, Center for Drug

Evaluation and Research (HFD–057), Food and DrugAdministration, 5600 Fishers Lane,Rockville, MD 20857, 301–827–0530; or

Ellen R. Rawlings, Division ofManagement Systems and Policy(HFA–340), Food and DrugAdministration, 5600 Fishers Lane,Rockville, MD 20857, 301–443–4976.

SUPPLEMENTARY INFORMATION: FDA isamending the regulations in § 5.80Approval of new drug applications andtheir supplements (21 CFR 5.80) byrevising § 5.80(a)(1)(iii) and removingparagraph (a)(1)(iv) with the titlestherein to delegate to the Director,Office of Over-the-Counter Drugs,authority to approve new drugapplications and supplements theretoon drugs for human use, except forthose drugs listed in 21 CFR 314.440(b).These changes are being made to realignapproval points for division-levelauthorities to a more reasonable andmanageable number.

Further redelegation of the authoritydelegated is not authorized at this time.Authority delegated to a position by titlemay be exercised by a person officiallydesignated to serve in such position inan acting capacity or on a temporarybasis.


List of Subjects in 21 CFR Part 5Authority delegations (Government

agencies), Imports, Organization andfunctions (Government agencies).

Therefore, under the Federal Food,Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs, 21 CFR part 5 isamended as follows:

PART 5—DELEGATIONS OFAUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFRpart 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,3701–3711a; secs. 2–12 of the Fair Packagingand Labeling Act (15 U.S.C. 1451–1461); 21U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),801–886, 1031–1309; secs. 201–903 of theFederal Food, Drug, and Cosmetic Act (21U.S.C. 321–394); 35 U.S.C. 156; secs. 301,302, 303, 307, 310, 311, 351, 352, 354, 361,362, 1701–1706, 2101, 2125, 2127, 2128 ofthe Public Health Service Act (42 U.S.C. 241,242, 242a, 242l, 242n, 243, 262, 263, 263b,264, 265, 300u–300u–5, 300aa–1, 300aa–25,300aa–27, 300aa–28); 42 U.S.C. 1395y,3246b, 4332, 4831(a), 10007–10008; E.O.11490, 11921, and 12591; secs. 312, 313, 314of the National Childhood Vaccine Injury Actof 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1note).

2. Section 5.80 is amended by revisingparagraph (a)(1)(iii) and by removingparagraph (a)(1)(iv) to read as follows:

§ 5.80 Approval of new drug applicationsand their supplements.

(a)(1) * * *(iii) The Director, Office of Over-the-

Counter Drug Evaluation, CDER, fordrugs under the Director’s jurisdiction.* * * * *

Dated: November 2, 1995.William B. Schultz,Deputy Commissioner for Policy.[FR Doc. 95–28149 Filed 11–14–95; 8:45 am]BILLING CODE 4160–01–F

21 CFR Part 175

[Docket No. 95F–0064]

Indirect Food Additives: Adhesivesand Components of Coatings

AGENCY: Food and Drug Administration,HHS.ACTION: Final rule.

SUMMARY: The Food and DrugAdministration (FDA) is amending thefood additive regulations to provide forthe safe use of silver chloride-coatedtitanium dioxide as a preservative in

polymer latex emulsions in resinousand polymeric coatings intended for usein contact with food. This action is inresponse to a petition filed by JohnsonMatthey Chemicals.DATES: Effective November 15, 1995;written objections and requests for ahearing by December 15, 1995.ADDRESSES: Submit written objections tothe Dockets Management Branch (HFA–305), Food and Drug Administration,rm. 1–23, 12420 Parklawn Dr.,Rockville, MD 20857.FOR FURTHER INFORMATION CONTACT: VirD. Anand, Center for Food Safety andApplied Nutrition (HFS–216), Food andDrug Administration, 200 C St. SW.,Washington, DC 20204, 202–418–3081.SUPPLEMENTARY INFORMATION: In a noticepublished in the Federal Register ofApril 13, 1995 (60 FR 18845), FDAannounced that a food additive petition(FAP 5B4453) had been filed by JohnsonMatthey Chemicals, c/o 1000 PotomacSt. NW., Washington, DC 20007. Thepetition proposed that the food additiveregulations in § 175.300 Resinous andpolymeric coatings (21 CFR 175.300) beamended to provide for the safe use ofsilver chloride-coated titanium dioxideas a preservative in polymer latexemulsions used in resinous andpolymeric coatings intended for use incontact with food.

FDA has evaluated the data in thepetition and other relevant material. Theagency concludes that the proposed useof the additive in resinous andpolymeric coatings intended for use incontact with food is safe and that theregulations in § 175.300 should beamended as set forth below.

In accordance with § 171.1(h) (21 CFR171.1(h)), the petition and thedocuments that FDA considered andrelied upon in reaching its decision toapprove the petition are available forinspection at the Center for Food Safetyand Applied Nutrition by appointmentwith the information contact personlisted above. As provided in 21 CFR171.1(h), the agency will delete from thedocuments any materials that are notavailable for public disclosure beforemaking the documents available forinspection.

The agency has carefully consideredthe potential environmental effects ofthis action. FDA has concluded that theaction will not have a significant impacton the human environment, and that anenvironmental impact statement is notrequired. The agency’s finding of nosignificant impact and the evidencesupporting that finding, contained in an

environmental assessment, may be seenin the Dockets Management Branch(address above) between 9 a.m. and 4p.m., Monday through Friday.

Any person who will be adverselyaffected by this regulation may at anytime on or before December 15, 1995,file with the Dockets ManagementBranch (address above) writtenobjections thereto. Each objection shallbe separately numbered, and eachnumbered objection shall specify withparticularity the provisions of theregulation to which objection is madeand the grounds for the objection. Eachnumbered objection on which a hearingis requested shall specifically so state.Failure to request a hearing for anyparticular objection shall constitute awaiver of the right to a hearing on thatobjection. Each numbered objection forwhich a hearing is requested shallinclude a detailed description andanalysis of the specific factualinformation intended to be presented insupport of the objection in the eventthat a hearing is held. Failure to includesuch a description and analysis for anyparticular objection shall constitute awaiver of the right to a hearing on theobjection. Three copies of all documentsshall be submitted and shall beidentified with the docket numberfound in brackets in the heading of thisdocument. Any objections received inresponse to the regulation may be seenin the Dockets Management Branchbetween 9 a.m. and 4 p.m., Mondaythrough Friday.


Adhesives, Food additives, Foodpackaging.

Therefore, under the Federal Food,Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs and redelegated tothe Director, Center for Food Safety andApplied Nutrition, 21 CFR part 175 isamended as follows:

PART 175—INDIRECT FOODADDITIVES: ADHESIVES ANDCOMPONENTS OF COATINGS

1. The authority citation for 21 CFRpart 175 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of theFederal Food, Drug, and Cosmetic Act (21U.S.C. 321, 342, 348, 379e).

2. Section 175.300 is amended inparagraph (b)(3)(xxxiii) byalphabetically adding a new entry toread as follows:


§ 175.300 Resinous and polymericcoatings.

* * * * *(b) * * *(3) * * *(xxxiii) Miscellaneous materials:

* * * * *Silver chloride-coated titanium dioxide for

use only as a preservative in latexemulsions at a level not to exceed 2.2parts per million (based on silver ionconcentration) in the dry coating.

* * * * *Dated: October 26, 1995.

Janice F. Oliver,Deputy Director for Systems and Support,Center for Food Safety and Applied Nutrition.[FR Doc. 95–28216 Filed 11–14–95; 8:45 am]BILLING CODE 4160–01–F

PENSION BENEFIT GUARANTYCORPORATION

29 CFR Parts 2619 and 2676

Valuation of Plan Benefits in Single-Employer Plans; Valuation of PlanBenefits and Plan Assets FollowingMass Withdrawal; AmendmentsAdopting Additional PBGC Rates

AGENCY: Pension Benefit GuarantyCorporation.ACTION: Final rule.

SUMMARY: This final rule amends thePension Benefit Guaranty Corporation’sregulations on Valuation of PlanBenefits in Single-Employer Plans andValuation of Plan Benefits and PlanAssets Following Mass Withdrawal. Theformer regulation contains the interestassumptions that the PBGC uses tovalue benefits under terminating single-employer plans. The latter regulationcontains the interest assumptions forvaluations of multiemployer plans thathave undergone mass withdrawal. Theamendments set out in this final ruleadopt the interest assumptionsapplicable to single-employer planswith termination dates in December1995, and to multiemployer plans withvaluation dates in December 1995. Theeffect of these amendments is to advisethe public of the adoption of theseassumptions.EFFECTIVE DATE: December 1, 1995.FOR FURTHER INFORMATION CONTACT:Harold J. Ashner, Assistant GeneralCounsel, Office of the General Counsel,Pension Benefit Guaranty Corporation,1200 K Street, NW., Washington, DC20005, 202–326–4024 (202–326–4179for TTY and TDD).SUPPLEMENTARY INFORMATION: This ruleadopts the December 1995 interest

assumptions to be used under thePension Benefit Guaranty Corporation’sregulations on Valuation of PlanBenefits in Single-Employer Plans (29CFR part 2619, the ‘‘single-employerregulation’’) and Valuation of PlanBenefits and Plan Assets FollowingMass Withdrawal (29 CFR part 2676, the‘‘multiemployer regulation’’).

Part 2619 sets forth the methods forvaluing plan benefits of terminatingsingle-employer plans covered undertitle IV of the Employee RetirementIncome Security Act of 1974, asamended. Under ERISA section 4041(c),all single-employer plans wishing toterminate in a distress termination mustvalue guaranteed benefits and ‘‘benefitliabilities.’’ i.e., all benefits providedunder the plan as of the plantermination date, using the formulas setforth in part 2619, subpart C. (Plansterminating in a standard terminationmay, for purposes of the StandardTermination Notice filed with PBGC,use these formulas to value benefitliabilities, although this is not required.)In addition, when the PBGC terminatesan underfunded plan involuntarilypursuant to ERISA section 4042(a), ituses the subpart C formulas todetermine the amount of the plan’sunderfunding. Part 2676 prescribesrules for valuing benefits and certainassets of multiemployer plans undersections 4219(c)(1)(D) and 4281(b) ofERISA.

Appendix B to part 2619 sets forth theinterest rates and factors under thesingle-employer regulation. Appendix Bto part 2676 sets forth the interest ratesand factors under the multiemployerregulation. Because these rates andfactors are intended to reflect currentconditions in the financial and annuitymarkets, it is necessary to update therates and factors periodically.

The PBGC issues two sets of interestrates and factors, one set to be used forthe valuation of benefits to be paid asannuities and one set for the valuationof benefits to be paid as lump sums. Thesame assumptions apply to terminatingsingle-employer plans and tomultiemployer plans that haveundergone a mass withdrawal. Thisamendment adds to appendix B to parts2619 and 2676 sets of interest rates andfactors for valuing benefits in single-employer plans that have terminationdates during December 1995 andmultiemployer plans that haveundergone mass withdrawal and havevaluation dates during December 1995.

For annuity benefits, the interest rateswill be 6.00% for the first 20 yearsfollowing the valuation date and 5.75%thereafter. For benefits to be paid aslump sums, the interest assumptions to

be used by the PBGC will be 4.50% forthe period during which benefits are inpay status, and 4.0% during all yearspreceding the benefits’ placement in paystatus. The above annuity interestassumptions represent a decrease (fromthose in effect for November 1995) of .20percent for the first 20 years followingthe valuation date and are otherwiseunchanged. The lump sum interestassumptions represent a decrease (fromthose in effect for November 1995) of .25percent for the period during whichbenefits are in pay status, and areotherwise unchanged.

Generally, the interest rates andfactors under these regulations are ineffect for at least one month. However,the PBGC publishes its interestassumptions each month regardless ofwhether they represent a change fromthe previous month’s assumptions. Theassumptions normally will be publishedin the Federal Register by the 15th ofthe preceding month or as close to thatdate as circumstances permit.

The PBGC has determined that noticeand public comment on theseamendments are impracticable andcontrary to the public interest. Thisfinding is based on the need todetermine and issue new interest ratesand factors promptly so that the ratesand factors can reflect, as accurately aspossible, current market conditions.

Because of the need to provideimmediate guidance for the valuation ofbenefits in single-employer plans whosetermination dates fall during December1995, and in multiemployer plans thathave undergone mass withdrawal andhave valuation dates during December1995, the PBGC finds that good causeexists for making the rates and factorsset forth in this amendment effectiveless than 30 days after publication.

The PBGC has determined that thisaction is not a ‘‘significant regulatoryaction’’ under the criteria set forth inExecutive Order 12866.

Because no general notice of proposedrulemaking is required for thisamendment, the Regulatory FlexibilityAct of 1980 does not apply. See 5 U.S.C.601(2).

List of Subjects

29 CFR Part 2619

Employee benefit plans, Pensioninsurance, and Pensions.

29 CFR Part 2676

Employee benefit plans and Pensions.In consideration of the foregoing,

parts 2619 and 2676 of chapter XXVI,title 29, Code of Federal Regulations, arehereby amended as follows:




Authority: 29 U.S.C. 1301(a), 1302(b)(3),1341, 1344, 1362.

2. In appendix B to part 2619, Rate Set26 is added to Table I, and a new entryis added to Table II, as set forth below.The introductory text of both tables isrepublished for the convenience of thereader and remains unchanged.

Appendix B to Part 2619—InterestRates Used To Value Lump Sums andAnnuitites

Lump Sum ValuationsIn determining the value of interest

factors of the form v0:n (as defined in

§ 2619.49(b)(1)) for purposes of applyingthe formulas set forth in § 2619.49 (b)through (i) and in determining the valueof any interest factor used in valuingbenefits under this subpart to be paid aslump sums (including the return ofaccumulated employee contributionsupon death), the PBGC shall employ thevalues of it set out in Table I hereof asfollows:

(1) For benefits for which theparticipant or beneficiary is entitled tobe in pay status on the valuation date,the immediate annuity rate shall apply.

(2) For benefits for which the deferralperiod is y years (y is an integer and 0< y ≤ n1), interest rate i1 shall apply fromthe valuation date for a period of y

years; thereafter the immediate annuityrate shall apply.

(3) For benefits for which the deferralperiod is y years (y is an integer and n1

<y ≤n1 + n2), interest rate i2 shall applyfrom the valuation date for a period ofy ¥ n1 years, interest rate i1 shall applyfor the following n1 years; thereafter theimmediate annuity rate shall apply.

(4) For benefits for which the deferralperiod is y years (y is an integer and y> n1 + n2), interest rate i3 shall applyfrom the valuation date for a period ofy ¥ n1 ¥ n2 years, interest rate i2 shallapply for the following n2 years, interestrate i1 shall apply for the following n1

years; thereafter the immediate annuityrate shall apply.

TABLE I[Lump Sum Valuations]

Rate set

For plans with a valuationdate Immediate

annuity rate(percent)

Deferred annuities(percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *26 ........................................ 12–1–95 01–1–96 4.50 4.00 4.00 4.00 7 8

Annuity Valuations

In determining the value of interestfactors of the form v0:n (as defined in§ 2619.49(b)(1)) for purposes of applyingthe formulas set forth in § 2619.49 (b)through (i) and in determining the valueof any interest factor used in valuing

annuity benefits under this subpart, theplan administrator shall use the valuesof it prescribed in Table II hereof.

The following table tabulates, for eachcalendar month of valuation endingafter the effective date of this part, theinterest rate (denoted by i1, i2, * * *,and referred to generally as it) assumed

to be in effect between specifiedanniversaries of a valuation date thatoccurs within that calendar month;those anniversaries are specified in thecolumns adjacent to the rates. The lastlisted rate is assumed to be in effectafter the last listed anniversary date.

TABLE II[Annuity Valuations]

For valuation dates occurring in the month—The values of it are:

it for t = ii for t = it for t =

* * * * * * *December 1995 ................................................................. .0600 1–20 .0575 >20 N/A N/A



Authority: 29 U.S.C. 1302(b)(3),1399(c)(1)(D), 1441(b)(1).

4. In appendix B to part 2676, Rate Set26 is added to Table I, and a new entryis added to Table II, as set forth below.The new entry is added to Table II, asset forth below. The introductory text ofboth tables is republished for theconvenience of the reader and remainsunchanged.

Appendix B to Part 2676—InterestRates Used To Value Lump Sums andAnnuities

Lump Sum Valuations

In determining the value of interestfactors of the form v0:n (as defined in§ 2676.13(b)(1)) for purposes of applyingthe formulas set forth in § 2676.13 (b)through (i) and in determining the valueof any interest factor used in valuingbenefits under this subpart to be paid aslump sums, the PBGC shall use thevalues of it prescribed in Table I hereof.The interest rates set forth in Table I

shall be used by the PBGC to calculatebenefits payable as lump sum benefitsas follows:

(1) For benefits for which theparticipant or beneficiary is entitled tobe in pay status on the valuation date,the immediate annuity rate shall apply.

(2) For benefits for which the deferralperiod is y years (y is an integer and 0< y ≤ n1), interest rate is i1 shall applyfrom the valuation date for a period ofy years; thereafter the immediateannuity rate shall apply.

(3) For benefits for which the deferralperiod is y years (y is an integer and n1


< y ≤ n1 + n2), interest rate i2 shall applyfrom the valuation date for a period ofy ¥ n1 years, interest rate i1 shall applyfor the following n1 years; thereafter theimmediate annuity rate shall apply.

(4) For benefits for which the deferralperiod is y years (y is an integer and y> n1 + n2), interest rate i3 shall applyfrom the valuation date for a period ofy¥n1¥n2 years, interest rate i2 shall apply for

the following n2 years, interest rate i1

shall apply for the following n1 years;thereafter the immediate annuity rateshall apply.

TABLE I[Lump Sum Valuations]

Rate set

For plans with a valuationdate Immediate

annuity rate(percent)

Deferred annuities(percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *26 ........................................ 12–1–95 01–1–96 4.50 4.00 4.00 4.00 7 8

Annuity Valuations

In determining the value of interestfactors of the form vo™n (as defined in§ 2676.13(b)(1)) for purposes of applyingthe formulas set forth in § 2676.13 (b)through (i) and in determining the valueof any interest factor used in valuing

annuity benefits under this subpart, theplan administrator shall use the valuesof it prescribed in the table below.

The following table tabulates, for eachcalendar month of valuation endingafter the effective date of this part, theinterest rates (denoted by i1, i2, * * *,and referred to generally as it) assumed

to be in effect between specifiedanniversaries of a valuation date thatoccurs within that calendar month;those anniversaries are specified in thecolumns adjacent to the rates. The lastlisted rate is assumed to be in effectafter the last listed anniversary date.

TABLE II[Annuity Valuations]

For valuation dates occurring in the month—The values of it are:

it for t = it for t = it for t =

* * * * * * *December 1995 ................................................................. .0600 1–20 .0575 >20 N/A N/A

Issued in Washington, DC, on this 9th dayof November 1995.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.[FR Doc. 95–28200 Filed 11–14–95; 8:45 am]BILLING CODE 7708–01–M


Coast Guard

33 CFR Part 165

[CGD01–95–162]

RIN 2115–AA97

Safety Zone: Yale Party Fireworks,Bayville, NY

AGENCY: Coast Guard, DOT.ACTION: Temporary final rule.

SUMMARY: On November 18, 1995, theCoast Guard is establishing a temporarysafety zone in Long Island Sound,around the barge designated as thefireworks launching platform locatedoffshore Ferry Beach, Bayville, NY. Thissafety zone is needed to protect the

maritime community from the hazardsassociated with this fireworks display.Entry into this zone is prohibited unlessauthorized by the Captain of the Port,Long Island Sound.EFFECTIVE DATE: This regulation iseffective on November 18, 1995, from 9p.m. until 9:30 p.m. unless extended orterminated sooner by the Captain of thePort. There is no rain date scheduled forthis event.FOR FURTHER INFORMATION CONTACT:Lieutenant Commander T.V. Skuby,Chief of Port Operations, Captain of thePort, Long Island Sound at (203) 468–4464.


Drafting Information

The drafters of this notice are LTJGE.J. Doucette, project officer for Captainof the Port, Long Island Sound, and LTS. Tyler, project attorney, First CoastGuard District Legal Office.

Regulatory History

As authorized by 5 U.S.C. 553, anotice of proposed rulemaking (NPRM)was not published for this regulation.

Good cause exists for not publishing aNPRM and for making this regulationeffective in less than 30 days afterFederal Register publication. Due to thedate the application was received, therewas not sufficient time to publishproposed rules in advance of the event.If a NPRM was required to be published,it would postpone the event effectuallycausing the event to be cancelled.

Background and Purpose.On October 16, 1995, the sponsor, Bay

Fireworks, Syosset, NY, requested that a20-minute fireworks display bepermitted in Long Island Sound in thevicinity of Ferry Beach, Bayville, NY.The fireworks display will occur onNovember 18, 1995, from 9 p.m. until9:30 p.m. The safety zone covers allwaters of Long Island Sound within a1200-foot radius of the barge designatedas the fireworks launching platform.This zone is required to protect themaritime community from the dangersassociated with this fireworks display.Entry into or movement within thiszone will be prohibited unlessauthorized by the Captain of the Port orhis on scene representative.


Regulatory EvaluationThis proposal is not a significant

regulatory action under section 3(f) ofExecutive Order 12866 and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatorder. It has been exempted from reviewby the Office of Management andBudget under that order. It is notsignificant under the regulatory policiesand procedures of the Department ofTransportation (DOT) (44 FR 11040;February 26, 1979). The Coast Guardexpects the economic impact of thisproposal to be so minimal that a fullRegulatory Evaluation under paragraph10e of the regulatory policies andprocedures of DOT is unnecessary. Thissafety zone closes a portion of LongIsland Sound to vessel traffic onNovember 18, 1995, from 9 p.m. until9:30 p.m., unless extended orterminated sooner by the Captain of thePort Long Island Sound. Although thisregulation prevents traffic fromtransiting a portion of Long IslandSound, the effect of this regulation willnot be significant for several reasons:the safety zone will not impact anavigable channel; the duration of theevent is limited; the event is at a latehour; all vessel traffic may safely passseaward of this safety zone; andextensive, advance advisories will bemade.

Small EntitiesUnder the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guardmust consider whether this proposalwill have a significant economic impacton a substantial number of smallentities. ‘‘Small entities’’ includeindependently owned and operatedsmall businesses that are not dominantin their field and that otherwise qualifyas ‘‘small business concerns’’ undersection 3 of the Small Business Act (15U.S.C. 632).

For the reasons addressed under theRegulatory Evaluation above, the CoastGuard expects the impact of thisregulation to be minimal and certifiesunder 5 U.S.C. 605(b) of the RegulatoryFlexibility Act that this final rule willnot have a significant economic impacton a substantial number of smallentities.

Collection of InformationThis rule contains no collection of

information requirements under thePaperwork Reduction Act (44 U.S.C.3501 et seq.).

FederalismThe Coast Guard has analyzed this

action in accordance with the principlesand criteria contained in Executive

Order 12612, and has determined thatthese regulations do not raise sufficientfederalism implications to warrant thepreparation of a Federalism Assessment.

Environment

The Coast Guard has considered theenvironmental impact of this regulationand concluded that under section2.B.2.e. of Commandant InstructionM16475.1B, revised 59 FR 38654, July29, 1994, the promulgation of thisregulation is categorically excludedfrom further environmentaldocumentation. A Categorical ExclusionDetermination and a EnvironmentalAnalysis Checklist are included in thedocket. An appropriate environmentalanalysis of the fireworks program willbe conducted in conjunction with themarine event permitting process.


Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.

For the reasons set out in thepreamble, the Coast Guard amends 33CFR Part 165 as follows:

1. The authority citation for Part 165continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;49 CFR 1.46.

2. A temporary section, 165.T01–162,is added to read as follows:

§ 165.T01–162 Yale Party Fireworks,Bayville, NY.

(a) Location. The safety zone includesall waters of Long Island Sound withina 1,200-foot radius of the bargedesignated as the fireworks launchingplatform, located offshore Ferry Beach,Bayville, NY, in approximate position40°54′55′′ N, 073°32′58′′ W. (NAD 1983)

(b) Effective date. This section iseffective on November 18, 1995, from 9p.m. until 9:30 p.m., unless extended orterminated sooner by the Captain of thePort Long Island Sound. There is no raindate scheduled for this event.

(c) Regulations. The generalregulations covering safety zonescontained in § 165.23 of this part apply.

Dated: November 11, 1995.T.W. Allen,Captain, U.S. Coast Guard, Captain of thePort, Long Island Sound.[FR Doc. 95–28106 Filed 11–14–95; 8:45 am]BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–010]

RIN 2115–AA97

Safety Zone: Annual South StreetSeaport New Year’s Eve Fireworks,East River, NY

AGENCY: Coast Guard, DOT.ACTION: Final rule.

SUMMARY: The Coast Guard isestablishing a permanent safety zone forthe annual South Street Seaport NewYear’s Eve fireworks program located onthe East River, New York. The safetyzone is in effect annually from 11:30p.m. on December 31, until 12:45 a.m.on January 1, unless extended orterminated sooner by the Captain of thePort New York. The safety zonetemporarily closes all waters of the EastRiver, shore to shore, south of theBrooklyn Bridge and north of a linedrawn from Pier 9, Manhattan to Pier 3,Brooklyn, New York.EFFECTIVE DATE: This rule is effective onDecember 15, 1995.FOR FURTHER INFORMATION CONTACT:Lieutenant (Junior Grade) K. Messenger,Maritime Planning Staff Chief, CoastGuard Group New York (212) 668–7934.


Drafting InformationThe drafters of this notice are LTJG K.

Messenger, Project Manager, CoastGuard Group New York and CDR J.Stieb, Project Attorney, First CoastGuard District, Legal Office.

Regulatory HistoryOn April 3, 1995, the Coast Guard

published a notice of proposedrulemaking (NPRM) in the FederalRegister (60 FR 16820). Interestedpersons were requested to submitcomments on or before June 2, 1995. Nocomments were received. A publichearing was not requested and one wasnot held. The Coast Guard ispromulgating this final rule asproposed.

Background and PurposeFor the last several years, South Street

Seaport, Inc. has submitted anApplication for Approval of MarineEvent for a New Year’s Eve fireworksprogram on the East River. Thisregulation establishes a permanentsafety zone on all waters of the EastRiver, shore to shore, south of theBrooklyn Bridge and north of a linedrawn from Pier 9, Manhattan to Pier 3,Brooklyn, New York. The safety zone isin effect annually from 11:30 p.m. onDecember 31, until 12:45 a.m. on


January 1, unless extended orterminated sooner by the Captain of thePort New York. The safety zoneprevents all vessels from transiting thisarea of the East River and is needed toprotect mariners from the hazardsassociated with fireworks exploding inthe area.

This permanent regulation providesnotice to mariners that this event occursannually at the same location, on thesame day and time, allowing them toplan transits accordingly. The effectiveperiod of the safety zone will beannounced annually via Safety MarineInformation Broadcasts and locallyissued notices.

Regulatory EvaluationThis regulation is not a significant

regulatory action under section 3(f) ofExecutive Order 12866 and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatorder. It has been exempted from reviewby the Office of Management andBudget under that order. It is notsignificant under the regulatory policiesand procedures of the Department ofTransportation (DOT) (44 FR 11040;February 26, 1979). The Coast Guardexpects the economic impact of thisregulation to be so minimal that a fullRegulatory Evaluation under paragraph10(e) of the regulatory policies andprocedures of DOT is unnecessary. Thesafety zone closes a portion of the EastRiver to vessel traffic annually from11:30 p.m. on December 31, until 12:45a.m. on January 1, unless extended orterminated sooner by the Captain of thePort New York. Although this regulationprevents traffic from transiting this areaof the East River, the effect of thisregulation is not significant for severalreasons: the duration of the event islimited; the event is at a late hour;pleasure craft and some commercialvessels can take an alternate route viathe Hudson and Harlem Rivers; theevent has been held annually for thepast several years without incident orcomplaint; and the extensive, advanceadvisories which will be made.Accordingly, the Coast Guard expectsthe economic impact of this regulationto be so minimal that a RegulatoryEvaluation is unnecessary.

Small EntitiesUnder the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guardmust consider whether this regulationwill have a significant economic impacton a substantial number of smallentities. ‘‘Small entities’’ includeindependently owned and operatedsmall businesses that are not dominantin their field and that otherwise qualify

as ‘‘small business concerns’’ underSection 3 of the Small Business Act (15U.S.C. 632).

For reasons set forth in the RegulatoryEvaluation, the Coast Guard expects theimpact of this regulation to be minimal.The Coast Guard certifies under 5 U.S.C.605(b) that this regulation will not havea significant economic impact on asubstantial number of small entities.

Collection of InformationThis regulation contains no collection

of information requirements under thePaperwork Reduction Act (44 U.S.C.3501).

Federalism

The Coast Guard has analyzed thisaction in accordance with the principlesand criteria contained in ExecutiveOrder 12612 and has determined thatthis regulation does not raise sufficientfederalism implications to warrant thepreparation of a Federalism Assessment.

Environment

The Coast Guard has considered theenvironmental impact of this regulationand concluded that under section2.B.2.e. of Commandant InstructionM16475.1B, revised 59 FR 38654, July29, 1994, it is categorically excludedfrom further environmentaldocumentation. A Categorical ExclusionDetermination and EnvironmentalAnalysis Checklist are included in thedocket. An appropriate environmentalanalysis of the fireworks program underthe National Environmental Policy Actwill be conducted in conjunction withthe marine event permitting processeach year.


Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.

Final Regulation

For reasons set out in the preamble,the Coast Guard amends 33 CFR Part165 as follows:



Authority: 33 U.S.C. 1231; 50 U.S.C. 191;33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;49 CFR 1.46.

2. Section 165.174, is added to read asfollows: § 165.174 Safety Zone; AnnualSouth Street Seaport New Year’s EveFireworks Display, East River, NewYork.

(a) Location. All waters of the EastRiver south of the Brooklyn Bridge and

north of a line drawn from Pier 9,Manhattan to Pier 3, Brooklyn, NewYork.

(b) Effective period. This section is ineffect annually from 11:30 p.m. onDecember 31, until 12:45 a.m. onJanuary 1, unless extended orterminated sooner by the Captain of thePort New York. The effective period willbe announced annually via SafetyMarine Information Broadcasts andlocally issued notices.

(c) Regulations. (1) The generalregulations contained in 33 CFR 165.23apply.

(2) All persons and vessels shallcomply with the instructions of theCoast Guard Captain of the Port or thedesignated on scene patrol personnel.U.S. Coast Guard patrol personnelinclude commissioned, warrant, andpetty officers of the Coast Guard. Uponbeing hailed by a U.S. Coast Guardvessel via siren, radio, flashing light, orother means, the operator of a vesselshall proceed as directed.

Dated: November 2, 1995.J. Rutkovsky,Commander, U.S. Coast Guard, Captain ofthe Port New York, Acting.[FR Doc. 95–28105 Filed 11–14–95; 8:45 am]BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Parts 224, 261, 262, 263, 264,265, 266, 267 and 268

Release of Information and RecordsManagement

AGENCY: Postal Service.ACTION: Final rule.

SUMMARY: This rule revisesorganizational names and titlescontained in Postal Service regulationsrelating to the policies for the release ofinformation and records management.These names and titles changed as aresult of agency restructuring. Therevisions reflect to whom the publicshould address issues relating to therelease of information and recordsmanagement. This action will bringorganizational mentions in agencyregulations up to date with the currentstructure of the Postal Service.EFFECTIVE DATE: December 15, 1995.FOR FURTHER INFORMATION CONTACT:Betty Sheriff, Records, (202) 268–2608.SUPPLEMENTARY INFORMATION: As a resultof an agency restructuring, PostalService regulations governing therelease of information and recordsmanagement contain outdatedorganizational names and titles. This


rule will revise those names and titlesto show the current organization andofficial responsible for release ofinformation and records managementfunctions.

List of Subjects

39 CFR Part 224

Organizations Reporting Directly tothe Postmaster General.

39 CFR Part 261

Records and informationmanagement.

39 CFR Part 262

Records and information managementdefinitions.

39 CFR Part 263

Records retention and disposition.

39 CFR Part 264

Vital records.

39 CFR Part 265

Release of information.

39 CFR Part 266

Privacy of information.

39 CFR Part 267

Protection of information.

39 CFR Part 268

Privacy of information—employeerules of conduct.

For the reasons set out in this notice,39 CFR parts 224 and 261 through 268are amended as set forth below.

PART 224—ORGANIZATIONSREPORTING DIRECTLY TO THEPOSTMASTER GENERAL


Authority: 39 U.S.C. 203, 204, 401(2), 403,404, 409, 1001, Inspector General Act of1978, as amended (Pub. L. 95–452, asamended), 5 U.S.C. App. 3.

§ 224.1 [Amended]

2. Sections 224.1(a) and 224.1(f) areamended by removing the words‘‘Records Officer’’ and adding, in theirplace, the words ‘‘Records Office’’.

§ 224.2 [Reserved]

3. Section 224.2 is added andreserved.

PART 261—RECORDS ANDINFORMATION MANAGEMENT


Authority: 39 U.S.C. 401.

§ 261.2 [Amended]

5. Section 261.2(b) is amended byremoving the words ‘‘39 CFR 224.3(b)assigns to the Postal Service RecordsOfficer, located under the SeniorAssistant Postmaster General, FinanceGroup,’’ and adding, in their place, thewords ‘‘39 CFR 224.1(f) assigns to thePostal Service Records Office, locatedunder Finance’’.

6. Section 261.4(a) is revised to readas follows:

§ 261.4 Responsibility.

(a) The Manager, Payroll Accountingand Records, administers the PostalService records and informationmanagement program through aHeadquarters organizational componentand records office coordinators in thefinance function of area and districtoffices.* * * * *

PART 262—RECORDS ANDINFORMATION MANAGEMENTDEFINITIONS


Authority: 39 U.S.C. 401; 5 U.S.C. 552a.

§ 262.2 [Amended]

8. Section 262.2(b) is amended byremoving the words ‘‘Records Officer’’and adding, in their place, the words‘‘Manager, Payroll Accounting andRecords’’.

9. Section 262.2(c) is amended byremoving the words ‘‘an AssistantPostmaster General’’ and adding, intheir place, the words ‘‘a VicePresident’’.

§§ 262.4 and 262.5 [Amended]

10. Sections 262.4(a), 262.4(b), and262.5(d)(2) are amended by removingthe words ‘‘Records Officer’’ andadding, in their place, the words‘‘Records Office’’.

PART 263—RECORDS RETENTIONAND DISPOSITION



§ 263.3 [Amended]

12. Section 263.3(a) is amended byremoving the words ‘‘Records Officer’’and adding, in their place, the words‘‘Records Office’’; and by removing theword ‘‘he’’ and adding, in its place, thewords ‘‘that office’’.

§ 263.5 [Amended]

13. Section 263.5 is amended byremoving the words ‘‘Records Officer’’

and adding, in their place, the words‘‘Records Office’’.

14. Section 263.6 is added to read asfollows:

§ 263.6 Inquiries.Inquiries regarding records retention

and disposal should be directed to theManager, Payroll Accounting andRecords, U.S. Postal Service, 475L’Enfant Plaza SW, Washington, DC20260–5243, or, by telephone, to theRecords Specialist, telephone number(202) 268–4869.

PART 264—VITAL RECORDS



16. Section 264.3(a) and (b) is revisedto read as follows:

§ 264.3 Responsibility.(a) Manager, Payroll Accounting and

Records. The Manager, PayrollAccounting and Records, is responsiblefor categorizing records as vital andshall establish and maintain the vitalrecords program, insofar as rights andinterests records are concerned, andensure compliance with supportiveprocedures.

(b) Chief Postal Inspector. As thePostal Service’s Emergency Coordinator,the Chief Postal Inspector (with theassistance of Headquarters and RegionalEmergency Coordinating Committeesand the advice of the Records Office)shall establish and maintain a programto ensure that emergency operatingrecords are available at predesignatedoff-site locations for use during anational emergency.* * * * *


removing the words ‘‘Records Officer’’and adding, in their place, the words‘‘Records Office’’.

PART 265—RELEASE OFINFORMATION


Authority: 5 U.S.C. 552; 39 U.S.C. 401,403, 410, 1001, 2601; 5 U.S.C. App. 3.

19. Section 265.3(b) is revised to readas follows:


* * * * *(b) Freedom of Information/Privacy

Acts Officer. The USPS Freedom ofInformation/Privacy Acts Officer, underthe Manager, Payroll Accounting andRecords, is responsible for the overall


administration of this part, includingthe issuance of detailed instructions tocustodians.* * * * *


§ 265.4 Inquiries.Inquiries regarding the availability of

Postal Service records should bedirected to the appropriate recordscustodian. If the appropriate recordscustodian is not known, inquiriesshould be directed to the USPS Freedomof Information/Privacy Acts Officer,U.S. Postal Service, 475 L’Enfant PlazaSW, Washington, DC 20260–5243,telephone number (202) 268–2608.

§ 265.6 [Amended]21. Section 265.6(a)(2) is amended by

removing the words ‘‘Law Department’’and adding, in their place, the words‘‘General Counsel’’.

§§ 265.6, 265.9, 265.9, and 265.10[Amended]

22. In the following places, removethe words ‘‘Records Officer’’ and add, intheir place, the words ‘‘Records Office’’:

(a) Section 265.6(b) introductory text;(b) Section 265.9(b)(2)(ii);(c) Section 265.9(g)(4); and(d) Section 265.10.

§§ 265.6, 265.7, and 265.7 [Amended]23. In the following places, remove

the words ‘‘Regional Counsel’’ and add,in their place, the words ‘‘Chief FieldCounsel’’:

(a) Section 265.6(d)(3)(i);(b) Section 265.7(b)(1); and(c) Section 265.7(b)(4).

§ 265.7 [Amended]24. Section 265.7(a)(2) is amended as

follows:(a) By removing the words ‘‘USPS

Records Officer, U.S. Postal Service,Washington, DC 20260–5010, telephone(202) 268–2924’’ and adding, in theirplace, the words ‘‘USPS Freedom ofInformation/Privacy Acts Officer, U.S.Postal Service, 475 L’Enfant Plaza SW,Washington, DC 20260–5243, telephone(202) 268–2608’’;

(b) By removing the words ‘‘e.g.,sectional center manager, districtmanager, Regional Postmaster General’’and adding, in their place, the words‘‘e.g., district manager, area vicepresident’’; and

(c) By removing the words ‘‘RecordsOfficer is deemed’’ and adding, in theirplace, the words ‘‘Records Office isdeemed’’.

§ 265.11 [Amended]25. Section 265.11(a)(4)(ii) is

amended by removing the words

‘‘Regional Postmasters General, PostalData Center Directors, or regionalcounsels’’ and adding, in their place, thewords ‘‘Area, Information SystemsService Center, or Chief Field Counsel’’.

§ 265.12 [Amended]

26. Section 265.12(b)(7) is amendedby removing the words ‘‘RecordsOfficer, United States Postal Service,475 L’Enfant Plaza, SW., Washington,DC 20260–5240’’ and adding, in theirplace, the words ‘‘Records Office, U.S.Postal Service, 475 L’Enfant Plaza SW.,Washington, DC 20260–5243, telephone(202) 268–2608’’.

PART 266—PRIVACY OFINFORMATION



28. Section 266.3 (a) and (c) arerevised to read as follows:


(a) Freedom of Information/PrivacyActs Officer. The USPS Freedom ofInformation/Privacy Acts Officer, underthe Manager, Payroll Accounting andRecords, will ensure Postal Service-wide compliance with this policy.* * * * *

(c) Information System Executive.These managers are responsible forreporting to the Records Office theexistence or proposed development ofPrivacy Act systems of records. Theyalso must report any change that wouldalter the systems description aspublished in the Federal Register. Theyestablish the relevancy of theinformation within those systems.* * * * *

§ 266.5 [Amended]

29. Section 266.5(d) is amended byremoving the words ‘‘Records Officer’’and adding, in their place, the words‘‘Records Office’’.

§ 266.6 [Amended]

30. Section 266.6(a)(1) is amended byremoving the words ‘‘Records Officer,U.S. Postal Service, Washington, DC20260–5010’’ and adding, in their place,the words ‘‘Freedom of Information/Privacy Acts Officer, U.S. PostalService, 475 L’Enfant Plaza SW,Washington, DC 20260–5243, telephone(202) 268–2608’’.

31. Section 266.6(d) is amended byremoving the words ‘‘USPS RecordsOfficer’’ and adding, in their place, thewords ‘‘Freedom of Information/PrivacyActs Officer’’.


removing, in paragraph (a)(4), the words‘‘Records Officer’’ and adding, in theirplace, the words ‘‘Records Office’’; andby removing paragraph (c).

§§ 266.10, 266.10, 266.10, 266.10 and 266.10[Amended]

33. In the following places, removethe words ‘‘Records Officer’’ and add, intheir place, the words ‘‘Freedom ofInformation/Privacy Acts Officer’’:

(a) Section 266.10(a);(b) Section 266.10(b);(c) Section 266.10(c);(d) Section 266.10(d) introductory

text; and(e) Section 266.10(d)(2).

§ 266.10(c) [Amended]34. In § 266.10, the undesignated

paragraph following paragraph (b) isamended by removing the words ‘‘USPSRecords Officer, U.S. Postal Service, 475L’Enfant Plaza SW., Rm 8831,Washington, DC 20260–5240’’ andadding, in their place, the words‘‘Freedom of Information/Privacy ActsOfficer, U.S. Postal Service, 475L’Enfant Plaza SW., Washington, DC20260–5243’’.

PART 267—PROTECTION OFINFORMATION


Authority: 39 U.S.C. 401; Pub. L. 93–579,88 Stat. 1896.

36. Section 267.3(a) is revised to readas follows:

§ 267.3 Responsibility.(a) Chief Postal Inspector and

Freedom of Information/Privacy ActsOfficer. The Chief Postal Inspector andthe Freedom of Information/PrivacyActs Officer will ensure within theirrespective areas of jurisdiction:

(1) Postal Service-wide compliancewith this policy and related standardsand procedures; and

(2) Implementation of remedial actionwhen violations or attempted violationsof these standards and proceduresoccur.* * * * *

37. Section 267.5 is amended byrevising paragraphs (c)(1) introductorytext, (c)(1)(i) and (ii) and (c)(1)(vi) toread as follows:

§ 267.5 National Security Information.

* * * * *(c) Responsibility and authority. (1)

The Manager, Payroll Accounting andRecords, serves as the USPS NationalSecurity Information Oversight Officer.This officer shall:


(i) Conduct an active oversightprogram to ensure that the appropriateprovisions of these regulations arecomplied with;

(ii) Chair a committee composed ofthe Manager, Payroll Accounting andRecords; the Chief Postal Inspector(USPS Security Officer); the GeneralCounsel; the Executive Assistant to thePostmaster General; and the Director,Operating Policies Office; or theirdesignees, with authority to act on allsuggestions and complaints concerningcompliance by the Postal Service withthe regulations in this part;* * * * *

(vi) Establish, staff, and directactivities for controlling documentscontaining national security informationat USPS Headquarters and to providefunctional direction to the field.* * * * *

§§ 267.5 and 267.5 [Amended]

38. In the following places, removethe words ‘‘USPS Records Officer’’ andadd, in their place, the words ‘‘Manager,Payroll Accounting and Records’’:

(a) Section 267.5(c)(2)(i); and(b) Section 267.5(c)(3)(v).

§ 267.5 [Amended]

39. Section 267.5(e)(3)(i) is amendedby removing the words ‘‘USPS RecordsOfficer, U.S. Postal Service,Washington, DC 20260–5010’’ andadding, in their place, the words‘‘Manager, Payroll Accounting andRecords, U.S. Postal Service, 475L’Enfant Plaza SW, Washington, DC20260–5243’’.

PART 268—PRIVACY OFINFORMATION—EMPLOYEE RULESOF CONDUCT

40. The authority citation for part 268is revised to read as follows:


§ 268.1 [Amended]

41. Section 268.1(b) is amended byremoving the words ‘‘Records Officer’’and adding, in their place, the words‘‘Freedom of Information/Privacy ActsOfficer’’.Stanley F. Mires,Chief Counsel, Legislative.[FR Doc. 95–28107 Filed 11–14–95; 8:45 am]BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 70

[AL–95–01; FRL–5332–4]

Clean Air Act Final Interim Approval ofOperating Permits Program; AlabamaDepartment of EnvironmentalManagement, Jefferson CountyDepartment of Health, and the City ofHuntsville Department of NaturalResources and EnvironmentalManagement

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final interim approval.

SUMMARY: The EPA is promulgatingsource category-limited interimapproval of the Operating PermitsPrograms submitted by the State ofAlabama Department of EnvironmentalManagement (ADEM) and the JeffersonCounty Department of Health (JCDH).The EPA is also promulgating interimapproval of the Operating PermitsProgram submitted by the City ofHuntsville Department of NaturalResources and EnvironmentalManagement (City of Huntsville). Theseapprovals are for the purpose ofcomplying with Federal requirementsfor an approvable State program to issueoperating permits to all major stationarysources, and to certain other sources.EFFECTIVE DATE: December 15, 1995.

Copies of the State’s submittal andother supporting information used indeveloping the final interim approvalare available for inspection duringnormal business hours at the followinglocation:

Environmental Protection Agency,Region 4, Air Programs Branch, 345Courtland Street, NE, Atlanta, Georgia30365.FOR FURTHER INFORMATION CONTACT: JoelHuey, Title V Program DevelopmentTeam, Air Programs Branch, Air,Pesticides & Toxics ManagementDivision, U.S. Environmental ProtectionAgency, Region 4, 345 Courtland Street,NE, Atlanta, Georgia 30365, (404) 347–3555, Ext. 4170.


I. Background and Purpose

Title V of the 1990 Clean Air ActAmendments (sections 501–507 of theClean Air Act (‘‘the Act’’)), andimplementing regulations at 40 Code ofFederal Regulations (CFR) Part 70require that States develop and submitoperating permits programs to EPA byNovember 15, 1993, and that EPA act toapprove or disapprove each program

within one year after receiving thesubmittal. The EPA’s program reviewoccurs pursuant to section 502 of theAct and the part 70 regulations, whichtogether outline criteria for approval ordisapproval. Where a programsubstantially, but not fully, meets therequirements of part 70, EPA may grantthe program interim approval for aperiod of up to two years. If EPA has notfully approved a program by two yearsafter the November 15, 1993 date, or bythe end of an interim program, it mustestablish and implement a Federalprogram.

On September 13, 1995, EPAproposed source category-limitedinterim approval of the operatingpermits programs submitted by ADEMand JCDH, and interim approval of theprogram submitted by the City ofHuntsville. See 60 FR 47522. The EPAreceived public comments from fourorganizations on the proposal andresponds to those comments in thediscussion below. The EPA has alsocompiled a Technical SupportDocument (TSD) which describes theoperating permits program in greaterdetail. In this document EPA is takingfinal action to promulgate sourcecategory-limited interim approval of theoperating permits programs submittedby ADEM and JCDH, and interimapproval of the program submitted bythe City of Huntsville.

II. Final Action and Implications

A. Analysis of State Submission

The EPA is promulgating sourcecategory-limited (SCL) interim approvalof the operating permits programsubmitted by ADEM on December 15,1993, as supplemented on March 3,1994; March 18, 1994; June 5, 1995; July14, 1995; and August 28, 1995. The EPAis promulgating SCL interim approval ofthe operating permits programsubmitted by JCDH on December 14,1993, as supplemented on July 14, 1995.The EPA is promulgating interimapproval of the operating permitsprogram submitted by the City ofHuntsville on November 15, 1993, assupplemented on July 20, 1995. TheState and local programs substantially,but not fully, meet the requirements ofpart 70 and meet the interim approvalrequirements under 40 CFR 70.4.

B. Response to Comments

In this document, EPA discusses indetail all comments received concerningthe proposal notice. The EPA respondsto each comment and providesclarification where requested.Significant changes to EPA’s opinionsstated in the proposal notice include the


retraction of three interim approvalissues.

A public comment period on theproposed interim approval was heldfrom September 13, 1995, until October13, 1995. During that period EPAreceived comments from ADEM, theCity of Huntsville, the Alabama Pulpand Paper Council (APPCO), and ExxonCompany, U.S.A. The ADEM submittalincludes eight comments regarding theinterim approval issues listed in theproposed interim approval notice. TheCity of Huntsville concurs with thecomments provided by ADEM andprovides additional comments on threeof those issues. The APPCO submittalincludes three comments similar tothose contained in ADEM’s submittal.The Exxon submittal requestsclarification on three items related tothe definition of ‘‘administrativelycomplete’’ applications. Responses toeach comment follow.

1. Criminal Penalty Provisions

The ADEM agrees that a criminalpenalty provision of not less than$10,000 per day per violation should beaddressed in its program before fullapproval can be granted. The ADEMreaffirmed that they will continue topursue the necessary criminal penaltyauthority with their State legislature.The City of Huntsville concurs withADEM on this issue.

2. Certification of Completeness

The ADEM acknowledges theiragreement with EPA to require theminimum elements of an‘‘administratively complete’’ permitapplication in all initial applicationssubmitted to the State. These elementsare outlined in section II.D. of EPA’sJuly 25, 1995, White Paper forStreamlined Development of Part 70Permit Applications. This policy isnecessary to support the two-stepprocess discussed in the White Paper foraccepting applications that are not actedupon within the first year of ADEM’stitle V program approval. Thoseapplications will first be determined tobe administratively complete, then beupdated with supporting information asneeded. The ADEM will receive fullycomplete applications from 40 percentof all part 70 sources within the firstyear of interim program approval. Alsowithin the first year, the remaining 60percent of part 70 sources will submitinitial applications that meet theminimum requirements of anadministratively complete permitapplication. The two-step applicationprocess is not being used by JCDH or theCity of Huntsville.

ADEM Regulation 335–3–16–.04(9)(b)(JCDH Regulation 18.4.9(b) and City ofHuntsville Regulation 3.9.4(b)) states:‘‘Certification for completeness shall notbe required for initial applications thatwill not be processed in the first yearthe regulations in this chapter areeffective.’’ However, since adopting thisrule, ADEM has included thecertification of completeness on allapplication forms. As discussed above,all sources will submit applicationscontaining the minimum elements to bedeemed administratively complete bythe end of the first year of programapproval. Therefore, ADEM Regulation335–3–16–.04(9)(b) (JCDH Regulation18.4.9(b) and City of HuntsvilleRegulation 3.9.4(b)) is extraneous andshould be deleted.

The Exxon Company also submittedcomments related to the certification ofcompleteness required for initialapplications. They are concerned thatthe requirements of an administrativelycomplete application committed to byADEM will not grant the same degree ofrelief envisioned in ADEM Regulation335–3–16–.04(9)(b) discussed above.The Exxon submittal requestsclarification on three items:

(a) Defining Applicable Requirements.The Exxon Company requests that EPAconfirm that only a small amount ofdetail is required in defining applicablerequirements in the initial applicationsof a two-step process. The EPA confirmsthat defining the part 70 applicablerequirements could be accomplished bylisting all requirements that apply to thefacility, and that detailed rule citationsand descriptions should not benecessary. The State has discretion indetermining how much additionalinformation they would need in order tobegin processing the permit.

(b) Requirements of ComplianceStatus Certification. Exxon believes thata certification of compliance statusregarding all applicable requirements(without the option of stating thatcompliance status is unknown forcertain requirements) would create aburden on the applicant equivalent tothat required to prepare and submit afully complete title V application.Exxon requests that EPA state what isspecifically required in the certificationof compliance status.

Sources should certify either that theyare in compliance with all applicablerequirements, or that they are not incompliance with specific applicablerequirements. A statement from a sourcethat it is not in compliance with anapplicable requirement would require abrief explanation of the pertinentcircumstances and an acknowledgmentof the need to submit a compliance plan

in accordance with ADEM Regulation335–3–16–.04(8)(h) (JCDH Regulation18.4.8(h) and City of HuntsvilleRegulation 3.9.3(h)).

The EPA points out that thiscertification does not imply any guilt onthe part of the certifying official anddoes not itself subject the source to anyenforcement action. The certifyingofficial is simply certifying that, to thebest of his or her knowledge and belief,the statements and informationcontained in the document are truthful,accurate, and complete. The onlynecessary result of a negative statementon compliance status would be thesubmission of a plan to bring the facilityinto compliance.

The EPA does not agree that thiscertification creates a burden on theapplicant equivalent to that required toprepare and submit a fully completetitle V application. Several items arerequired in a fully complete applicationthat are not required for anadministratively complete initialapplication. These include thedescription of the source’s processesand products, detailed emissions relatedinformation, air pollution controlrequirements, etc.

(c) Intent of CompletenessCertification. The Exxon Companyrequests that EPA state whether theintent for the applicant to certify thatapplications are complete is only inregard to the limited information thatthey assume ADEM is going to request.The EPA affirms that the certificationapplies only to the informationcontained in the document submitted.This includes certifications in initialapplications that are submitted to satisfythe requirement that administrativelycomplete applications be submitted byall part 70 sources within the first yearof program approval. This certificationserves as an assurance from the sourcethat the statements and informationcontained in the document submittedare truthful, accurate, and complete.

3. Insignificant ActivitiesThe EPA received comments on three

issues regarding ‘‘insignificantactivities’’ as discussed in the proposedinterim approval notice:

(a) Section 112(g) De Minimis Levelsfor HAPs. The ADEM objects to EPA’srequirement that the definition ofinsignificant activities be revised suchthat emissions thresholds for individualactivities or units that are exemptedfrom permitting requirements (but are tobe listed in the permit application) willnot exceed five tons per year for criteriapollutants, and the lesser of 1,000pounds per year or section 112(g) deminimis levels for hazardous air


pollutants (HAPs). With regard to HAPs,ADEM’s definition of insignificantactivities includes a potential to emitthreshold of 1,000 pounds per year only.The ADEM states that if and when EPAestablishes the de minimis levels forHAPs, they have the ability to reduce (orincrease) each HAP’s significance level.They also state that the part 70regulations do not define what aninsignificant activity is and that it is leftto each agency to establish its owndefinition.

The APPCO states that ADEM’scurrent program of addressing trivialand insignificant activities and emittingunits should receive final approvalwithout revision, with the exception ofaddressing section 112(g) de minimislevels when promulgated. They do notconsider the issue of section 112(g) deminimis levels to be inconsistent with40 CFR part 70, but point out that theselevels have yet to be established.

For other state and local programs,EPA has accepted emission thresholdsfor insignificant activities of five tonsper year for criteria pollutants and thelesser of 1,000 pounds per year orsection 112(g) de minimis levels forHAPs. Since publication of the Alabamaproposal notice, EPA has reconsideredthe 1,000 pounds per year limitestablished by the State. The EPA nowagrees that this limit is acceptable aslong as the requirements discussed in(c) below are met. Important to thisfinding is the fact that the level isarticulated in terms of potentialemissions rather than actual emissions.Where EPA has rejected similar HAPthresholds in other programs, it hasbeen because those levels were in termsof actual emissions and because thoseprograms did not attempt todemonstrate why such a level would beinsignificant. Even absent ademonstration, EPA believes the use ofpotential rather than actual levels, incombination with the gatekeepersdiscussed in (c) below, provideadequate assurance that significantactivities will not be excluded from theapplication.

(b) EPA and Public Review of List ofInsignificant Activities. The ADEMobjects to the requirement to make theirlist of insignificant activities availablefor EPA and public review andcomment each time that the list isrevised. They state: ‘‘Due to the numberof different industries in Alabama,changes to the insignificant list willoccur often, especially at the beginningof the program. For this reason, it wouldbe difficult and burdensome to requireEPA and public review of the list eachtime it is revised . . . ADEM hascommitted to EPA to have semi-annual

reviews of its list by EPA and thepublic. In addition, each time a newinsignificant activity not previouslyreviewed by EPA and the public is putinto an application, it is put out for thepublic and EPA to review per therequisite title V review requirements.’’

The City of Huntsville believes thatthe requirement for public comment andEPA review of additions to their list ofrecognized insignificant activities isalready satisfied in that any activitieswhich the applicant is claiming to beinsignificant must be identified in thepermit application. They state that thevast majority of insignificant activitieswill be initially identified in the permitapplication review process whichinvolves EPA and public participation.They add that a duplicative requirementfor public and EPA notice and reviewwhen revising a list of insignificantactivities is entirely unnecessary.

The APPCO considers EPA’scomments regarding insignificantactivities to be inconsistent with part70, with the exception of addressing theissue of section 112(g) de minimislevels. They provided a review of theinsignificant activities provisionscontained in ADEM’s program, theFederal regulations, and other guidancepromulgated by EPA. Overall, theAPPCO summary is correct. However,the distinction between what is requiredfor trivial activities and what is requiredfor insignificant activities was notaddressed by APPCO. Trivial activities,as discussed in section II.B.3. of theWhite Paper, are certain activities thatare clearly trivial (i.e., emissions unitsand activities without specificapplicable requirements and withextremely small emissions). Trivialactivities can be omitted fromapplications even if they are notincluded on a list of insignificantactivities approved in a State’s part 70program. Attachment A of the WhitePaper lists examples of activities whichEPA believes should normally qualify astrivial in this sense. Permittingauthorities can allow, on a case-by-casebasis without EPA approval, exemptionssimilar to those activities identified inAttachment A.

Insignificant activities are emissionsunits and activities included on a listapproved by EPA as part of a Stateprogram pursuant to 40 CFR 70.5(c). Asprovided in the White Paper, permittingauthorities can allow sources merely tolist in applications the kinds ofinsignificant activities that are presentat the source or check them off a list ofinsignificant activities approved in theprogram. The White Paper also statesthat ‘‘additional exemptions, to theextent that the activities they cover are

not clearly trivial, still need to beapproved by EPA before being added toState lists of insignificant activities’’[emphasis added].

The fact that EPA will have theopportunity to review insignificantactivities contained in title Vapplications does not satisfy therequirement for EPA approval ofadditions to the list of insignificantactivities. Considering resourceconstraints, it is unlikely that EPA willbe able to review each and every permitissued. Therefore, relying upon thepermit review process for concurrenceon additions to the lists of insignificantactivities would result in additionsbeing made without any review by EPA.Also, ADEM’s commitment to a semi-annual review of their list ofinsignificant activities by EPA and thepublic is not sufficient for EPA toconfirm that new additions to the listare appropriate. Such a procedure givesno protection from the possibility ofissued permits having to be reopened toremove listed insignificant activitiesthat are disallowed by EPA.

States can develop lists ofinsignificant activities, however EPA isrequired to review and approve theselists initially during the program reviewand later during implementation asStates seek to add new exemptions tothe lists. The EPA is not interfering withthe State and Locals’ legitimate exerciseof discretion but, to be consistent with40 CFR 70.5(c), is merely requiring themto include EPA review and approvalwhen amending their lists. To obtainfull approval the State and the Localagencies must revise their approach oninsignificant activities such that the listsare made available for EPA review eachtime the lists are revised. However, EPAacknowledges that no requirementexists for public review of a State’s listof insignificant activities.

(c) Exemptions from PermittingRequirements and Major SourceApplicability Determinations. TheADEM objects to prohibiting anyemissions units with applicablerequirements from being exempted fromtitle V permitting requirements or majorsource applicability determinations.They argue that such a prohibitionwould prevent any unit subject togeneric State Implementation Plan (SIP)requirements, no matter how small,from being treated as an insignificantactivity, thus rendering the concept ofinsignificant activities useless.

The City of Huntsville states that theirrules do not provide for exemptionsfrom applicable requirements and that‘‘squeezing’’ under a facility-wideapplicability threshold by ‘‘subtracting’’aggregated emissions resulting from


insignificant activities is not beingsanctioned.

The EPA disagrees with ADEM andthe City of Huntsville on this issue.Generic SIP requirements are discussedin section II.B.4. of the White Paper.Emissions units and activities may betreated generically in the applicationand permit for certain broadlyapplicable requirements often found inthe SIP. Examples of such requirementsinclude those that apply identically toall emissions units at a facility (e.g.,source-wide opacity limits), generalhousekeeping requirements, andrequirements that apply identicalemissions limits to small units (e.g.,process weight requirements). Theserequirements are sometimes referred toas ‘‘generic’’ because they apply to allsubject units or activities at a facilityand they are enforced in the samemanner for all. If the applicantdocuments the applicability of theserequirements and describes thecompliance status as required by 40 CFR70.5(c), the individual emissions unitsor activities may be excluded from theapplication, provided no otherrequirement applies that wouldmandate a different result.

Additionally, although section 70.5(c)provides that insignificant activitiesneed not be described in permitapplications, EPA maintains that part 70does not allow for insignificantactivities to be excluded from majorsource applicability determinations.Major source determinations are madein accordance with the definitions insection 70.2, which do not allow forexclusions of emissions frominsignificant activities. EPA believesthat this does not create a burdensomeinquiry. Part 70 does not require use ofany specific method for estimating theimpact of these emissions forapplicability purposes. However, it doesrequire them to be taken into accountwhere they could impact a major sourceapplicability determination.

As indicated in the proposal notice,EPA finds that the ADEM, JCDH, andCity of Huntsville programs lackassurance that insignificant activitieswill not be exempted from title Vpermitting requirements or be excludedfrom major source applicabilitydeterminations. As a condition of fullapproval, State and Local agencies mustrevise their regulations, consistent withsection 70.5(c), to ensure that (1)applications do not omit informationneeded to determine or imposeapplicable requirements, and (2)insignificant activities or emissionsunits will not be exempted from thedetermination of whether a source ismajor.

4. Trading of Emissions Increases andDecreases

The ADEM objects to addingprovisions to their regulations thatallow for the trading of emissions undera Federally enforceable emissions cap.They state that their regulations do notprohibit putting these types ofconditions in an operating permit, andnothing prevents them from doing so ifrequested by an applicant. They alsopoint out that ADEM has always had theability to put conditions in a permit thatprovide for emissions trading, and havedone so extensively in theirconstruction permit program. The Cityof Huntsville concurs with ADEM onthis issue.

The APPCO concurs with EPA thatthese operational flexibility provisionsshould be added to ADEM regulationsin order to be consistent with Federalstandards. However, APPCO feels that,given the present operational flexibilitywithin ADEM regulatory framework,such provisions would be moot.

The EPA agrees with ADEM thatnothing prevents them from issuingpermits that contain conditions thatallow trading of emissions increases anddecreases under an emissions cap ifrequested by an applicant. However,having this ability does not satisfyFederal regulations which require allpart 70 programs to include theseprovisions. Section 70.4(b)(12)(iii)states: ‘‘The program shall require thepermitting authority, if a permitapplicant requests it, to issue permitsthat contain terms and conditions . . .allowing for the trading of emissionsincreases and decreases . . .’’ [emphasisadded].

As a prerequisite for full programapproval, the ADEM, JCDH, and City ofHuntsville regulations must be amendedto require the permitting authority, if apermit applicant requests it, to issuepermits that contain terms andconditions, including all standardpermit requirements and compliancerequirements, allowing for the trading ofemissions increases and decreases in thepermitted facility solely for the purposeof complying with a Federallyenforceable emissions cap established inthe permit independent of otherwiseapplicable requirements. As noted inthe proposed interim approval ofAlabama’s program, EPA recognizes thatthe flexibility provisions of 40 CFR part70 are under revision due to litigationon the rule. However, for this notice toaccurately reflect current Federalregulations, this deficiency must remainnoted until the State revises its programaccordingly.

5. Director’s Discretion in ApprovingAlternative Methods

The ADEM objects to deleting theDepartment Director’s discretion inapproving alternatives to standardreference test methods used indemonstrating compliance with title Vpermit terms. In the proposal notice,EPA required this deletion due to aState regulation which suggests that theDirector has authority to approvealternatives to any required standardreference test methods. ADEMRegulation 335–3–16–.04(8)(b)(3) (JCDHRegulation 18.4.8(c)(3) and City ofHuntsville Regulation 3.9.3(c)(3)) statesthat the permit application shall include‘‘emission rates of all pollutants in tonsper year and in such terms as arenecessary to establish complianceconsistent with the applicable standardreference test method, or alternativemethod approved by the Department’sDirector.’’

The ADEM agrees that the Directordoes not have the discretion to changea compliance method that has beenestablished for any Federal regulationthat the State adopts by reference. Thisincludes compliance methods containedin any NESHAP, NSPS, or MACTregulation. The ADEM points out,however, that they can change anymethod established to determinecompliance with a State ImplementationPlan (SIP) regulation (includingPrevention of Significant Deterioration(PSD) and New Source Review (NSR)) orother non-Federal regulation. They addthat even in Federal regulations, whichonly have provisions for initialcompliance determinations, ADEM canestablish its own compliance methodsto determine compliance on an interimor continuous basis. The City ofHuntsville concurs with ADEM on thisissue.

The APPCO concurs with EPA thattest methods approved by EPA shouldbe utilized for compliancedeterminations. However, APPCOpoints out that this may not always bethe case for determining title V feeamounts.

The EPA agrees with ADEM’sstatements on this issue and has notcalled for changes in current testingprotocol. However, the State regulationin question seems to imply that theDirector may approve alternatives tostandard reference test methods underany circumstance. Based upon ADEM’scomments on this issue, EPA hasreevaluated its interpretation of theregulation and now finds no need forchange. The reference to an ‘‘alternativemethod approved by the Department’sDirector’’ is confined to those


circumstances in which the Director hasalready been granted authority toapprove such changes. This includesand is limited to methods established todetermine compliance with SIPregulations (i.e., PSD and NSR) andmethods used to determine compliancewith Federal regulations on an interimor continuous basis. However, methodsused to determine compliance withFederal regulations on an interim orcontinuous basis must be established inthe operating permit in order for themto be sufficient for a demonstration ofcompliance.

6. Definition of SignificantModifications

The ADEM objects to modifying theirdefinition of ‘‘significant modifications’’to meet part 70 requirements. Their ruledefines significant modifications aschanges that result in a net emissionsincrease of any of the pollutants andlevels listed in ADEM Regulation 335–3–14–.04 or .05 (JCDH Regulation 2.4 or2.5 and City of Huntsville Regulation3.4 or 3.5), or any modifications underNSPS or NESHAP. The EPA pointed outin the proposal notice that 40 CFR70.7(e)(4)(i) requires the State’s programto contain criteria for determiningwhether a change is significant. Thesecriteria must include, at a minimum,‘‘every significant change in existingmonitoring permit terms or conditionsand every relaxation of reporting orrecordkeeping permit terms orconditions . . .’’ The ADEM states thatthe modification requirements of a titleV permit, including the definition of asignificant modification, will bechanged in the upcoming part 70revision. The ADEM feels that it wouldbe premature to change their regulationsprior to this revision.

The City of Huntsville concurs withADEM and adds that, in their opinion,no deficiency exists in their programregarding the types of changesmentioned in 40 CFR 70.7(e)(4)(i). Theypoint out that these types of changes donot fall under the definition of‘‘administrative amendments’’ (City ofHuntsville Regulation 3.9.11(a)(1)) andare specifically excluded from thedefinition of ‘‘minor permitmodifications’’ (City of HuntsvilleRegulation 3.9.11(c)(1)(i)(b)). Also, Cityof Huntsville Regulation 3.9.11(c)(4)(iii)stipulates that requested permitmodifications not meeting the minorpermit modification criteria will bereviewed under the significantmodification procedures. Therefore, thetypes of changes mentioned in 40 CFR70.7(e)(4)(i) could only be considered tobe significant modifications and wouldbe processed as such.

The EPA agrees with the City ofHuntsville’s assessment on theadequacy of their regulations regardingthe types of changes mentioned in 40CFR 70.7(e)(4)(i), and concludes that nomodifications regarding this issue arenecessary. For the same rationale, EPAalso finds that the ADEM and JCDHprograms are not in need ofmodification regarding this issue.

7. Director’s Discretion in AllowingAdministrative Permit Modifications

The ADEM objects to revising theirregulations to specifically list the typesof changes that the State proposes to beeligible for processing as administrativeamendments, thus obtaining theAdministrator’s approval of suchchanges as part of the State’s part 70program. This requirement was madebecause ADEM Regulation 335–3–16–.13(1) (JCDH Regulation 18.13.1 andCity of Huntsville Regulation 3.9.11(a))does not require the Administrator’sapproval of administrative changessimilar to those listed in the chapter.This is inconsistent with 40 CFR70.7(d)(1)(vi) which requires that, inorder for changes other than thosespecified in 40 CFR 70.7(d) (i) through(v) to be made as administrativeamendments, they must first bedetermined by the Administrator, aspart of the approved part 70 program, tobe similar to those specified in70.7(d)(1) (i) through (iv).

The ADEM states that the definitionof what can be an administrative permitamendment is likely to be changed inthe upcoming part 70 revision. TheADEM feels that it would beunproductive to change theirregulations now when the newdefinition may give the governingagency the ability to make such achange. They also assert that ADEMshould have this type of discretion inorder to deal with the day-to-dayvariations that will occur in running theoperating permits program.

The City of Huntsville states that noneed exists to revise their rules to beconsistent with part 70 in its presentform. They state that the Director’sdiscretion in approving administrativechanges in addition to the onesspecifically mentioned in 40 CFR70.7(d) (i) through (v) is clearlycircumscribed by City of HuntsvilleRegulation 3.9.11(a) (i.e., the types ofchanges specified in 70.7(d)(1) (i)through (iv)). The City of Huntsvilleasserts that this flexibility allowed totheir Director ‘‘merely serves as a safetyvalve against the ludicrous, not as amechanism for circumventing therequirement to provide opportunity forEPA and public participation when

such opportunity is clearlyappropriate.’’ They also point out thatthe Director must submit copies of alladministrative amendments to theAdministrator, thus affordingopportunity for EPA objection.

The EPA does not agree with thepositions taken by ADEM and the Cityof Huntsville on this issue. The purposeof 40 CFR 70.7(d)(1)(vi) is to allow statesto have the opportunity to makeadditions to the list of items that can beconsidered administrative permitamendments in their programs. Anychanges that might be considered to beinconsequential, or ludicrous, arealready allowed by the regulations inplace. Section 70.7(d)(1)(i) grants thepermitting authority the ability to makeamendments which correcttypographical errors. Section70.7(d)(1)(ii) grants the permittingauthority the ability to makeamendments which identify changes inname, address, or phone number, orwhich provide a similar minoradministrative change at the source[emphasis added].

For full approval, ADEM Regulation335–3–16–.13(1)(a)7 (JCDH Regulation18.13.1(a)(7) and City of HuntsvilleRegulation 3.9.11(a)(1)(vii)) must berevised to specifically list the types ofchanges that the State proposes to beeligible for processing as administrativeamendments, thus obtaining theAdministrator’s approval of suchchanges as part of the State’s part 70program. Alternatively, the State mayrevise 335–3–16–.13(1)(a)7 (JCDHRegulation 18.13.1(a)(5) and City ofHuntsville Regulation 3.9.11(a)(1)(vii))to reference the ‘‘Administrator’’ ratherthan the ‘‘Director.’’ The EPA recognizesthe possibility of a change to thisrequirement in forthcoming revisions tothe part 70 regulations. However, forthis notice to accurately reflect currentFederal regulations, this deficiencymust remain noted until the Staterevises its program accordingly.

8. EPA and Affected State Review ofAdministrative Permit Amendments

The ADEM commits to correcting anerror in citation contained in ADEMRegulation 335–3–16–.13(1)(a)6. Thischange will remove an apparent lack ofEPA and affected states review ofadministrative permit amendmentsrequired by 40 CFR 70.7(d)(1)(v).

In addition to the necessary changesto the title V programs noted above, ithas come to EPA’s attention that twoquestions of interpretation exist withrespect to ADEM Regulations 335–3–16–.11(1) and 335–3–16–.11(2)(c) (JCDHRegulations 18.11.1 and 18.11.2(c), andCity of Huntsville Regulations 3.3.8(a),


3.3.8(b) and 3.3.8(b)(3)). The questionsof interpretation concern the Director’sability to exempt emissions exceedanceson a case-by-case basis and the abilityof EPA and citizens to participate in theemergency determination process. TheEPA and the State agree to develop aprogram revision that resolves theseissues in a manner consistent with part70.

C. Final Action

1. Title V Operating Permits Program

The EPA is promulgating final sourcecategory-limited interim approval of theoperating permits programs submittedby ADEM and JCDH on December 15,1993, and December 14, 1993,respectively. The EPA is alsopromulgating final interim approval ofthe program submitted by the City ofHuntsville on November 15, 1993. TheState and Local agencies must make thefollowing changes to receive fullapproval:

(a) The State statutes must be revisedto provide adequate criminal authorityas required by 40 CFR 70.11(a)(3) (ii)–(iii), including criminal finesrecoverable in a maximum amount ofnot less than $10,000 per day perviolation.

(b) The ADEM, JCDH, and City ofHuntsville must revise their regulationsregarding insignificant activities suchthat (1) their list of insignificantactivities is made available for EPAreview each time the list is revised and(2) emissions units with applicablerequirements will not be exempted fromtitle V permitting requirements or majorsource applicability determinations,even if listed on an approved list ofinsignificant activities.

(c) The ADEM, JCDH, and City ofHuntsville programs must be revised toprovide for operational flexibility inaccordance with 40 CFR 70.4(b)(12)(iii),70.5(c)(7), and 70.6(a)(10). These rulesallow the agencies, if requested bypermit applicants, to issue permits thatcontain terms and conditions allowingfor the trading of emissions increasesand decreases in permitted facilities.

(d) ADEM Regulation 335–3–16–.13(1)(a)7 (JCDH Regulation 18.13.1(a)(7)and City of Huntsville Regulation3.9.11(a)(1)(vii)) must be revised tospecifically list the types of changes thatthe State proposes to be eligible forprocessing as administrativeamendments, thus obtaining theAdministrator’s approval of suchchanges as part of the State’s part 70program. Alternatively, the State mayrevise 335–3–16–.13(1)(a)7 (JCDHRegulation 18.13.1(a)(5) and City ofHuntsville Regulation 3.9.11(a)(1)(vii))

to reference the ‘‘Administrator’’ ratherthan the ‘‘Director.’’ Also, ADEMRegulation 335–3–16–.13(1)(a)6 must berevised to include the EPA and affectedstates review provisions required by 40CFR 70.7(d)(1)(v).

The ADEM and JCDH are beinggranted source category-limited (SCL)interim approval of their part 70operating permits programs. For adiscussion on the basis for SCL interimapproval, refer to the proposal notice ofSeptember 13, 1995. See 60 FR 47522.

The scope of the ADEM, JCDH, andCity of Huntsville part 70 programsapproved in this notice applies to allpart 70 sources (as defined in theapproved programs) within the State,except any sources of air pollution overwhich an Indian tribe has jurisdiction.See, e.g., 59 FR 55813, 55815–18 (Nov.9, 1994). The term ‘‘Indian Tribe’’ isdefined under the Act as ‘‘any Indiantribe, band, nation, or other organizedgroup or community, including anyAlaska Native village, which isFederally recognized as eligible for thespecial programs and services providedby the United States to Indians becauseof their status as Indians.’’ See section302(r) of the CAA; see also 59 FR 43956,43962 (Aug. 25, 1994); 58 FR 54364(Oct. 21, 1993).

This interim approval, which may notbe renewed, extends until December 15,1997. During this interim approvalperiod, ADEM, JCDH, and the City ofHuntsville are protected from sanctions,and EPA is not obligated to promulgate,administer and enforce a Federaloperating permits program in thejurisdictions of ADEM, JCDH, and theCity of Huntsville. Permits issued undera program with interim approval havefull standing with respect to part 70,and the 1-year time period for submittalof permit applications by subjectsources begins upon the effective date ofthis interim approval, as does the 3-yeartime period for processing the initialpermit applications.

If ADEM, JCDH, or the City ofHuntsville fail to submit a completecorrective program for full approval byJune 16, 1997, EPA will start an 18-month clock for mandatory sanctions. IfADEM, JCDH, or the City of Huntsvillethen fail to submit a corrective programthat EPA finds complete before theexpiration of that 18-month period, EPAwill be required to apply one of thesanctions in section 179(b) of the Act,which will remain in effect until EPAdetermines that ADEM, JCDH, or theCity of Huntsville has corrected thedeficiency by submitting a completecorrective program. Moreover, if theAdministrator finds a lack of good faithon the part of ADEM, JCDH, or the City

of Huntsville, both sanctions undersection 179(b) will apply after theexpiration of the 18-month period untilthe Administrator determines thatADEM, JCDH, or the City of Huntsvillehas come into compliance. In any case,if, six months after application of thefirst sanction, ADEM, JCDH, or the Cityof Huntsville still have not submitted acorrective program that EPA has foundcomplete, a second sanction will berequired.

If EPA disapproves the ADEM, JCDH,or City of Huntsville’s completecorrective programs, EPA will berequired to apply one of the section179(b) sanctions on the date 18 monthsafter the effective date of thedisapproval, unless prior to that dateADEM, JCDH, or the City of Huntsvillehas submitted a revised program andEPA has determined that it corrected thedeficiencies that prompted thedisapproval. Moreover, if theAdministrator finds a lack of good faithon the part of ADEM, JCDH, or the Cityof Huntsville, both sanctions undersection 179(b) shall apply after theexpiration of the 18-month period untilthe Administrator determines thatADEM, JCDH, or the City of Huntsvillehas come into compliance. In all cases,if, six months after EPA applies the firstsanction, ADEM, JCDH, or the City ofHuntsville has not submitted a revisedprogram that EPA has determinedcorrects the deficiencies, a secondsanction is required.

In addition, discretionary sanctionsmay be applied where warranted anytime after the expiration of an interimapproval period if ADEM, JCDH, or theCity of Huntsville has not timelysubmitted a complete correctiveprogram or EPA has disapproved asubmitted corrective program.Moreover, if EPA has not granted fullapproval to ADEM, JCDH, or the City ofHuntsville program by the expiration ofthis interim approval and thatexpiration occurs after November 15,1995, EPA must promulgate, administerand enforce a Federal permits programfor ADEM, JCDH, or the City ofHuntsville upon interim approvalexpiration.

2. Preconstruction Review ProgramImplementing Section 112(g)

The EPA is approving the use ofAlabama’s preconstruction reviewprogram found in Chapter 335–3–14 ofthe ADEM Regulations (Chapter 2 of theJCDH Regulations and Chapter 3.5 of theCity of Huntsville Regulations) as amechanism to implement section 112(g)during the transition period betweenpromulgation of EPA’s section 112(g)rule and Alabama’s adoption of rules


1 The radionuclide National Emission Standardsfor Hazardous Air Pollutants (NESHAP) is a section112 regulation and therefore, also an applicablerequirement under the State operating permitsprogram for part 70 sources. There is not yet aFederal definition of ‘‘major’’ for radionuclidesources. Therefore, until a major source definitionfor radionuclide is promulgated, no source wouldbe a major section 112 source solely due to itsradionuclide emissions. However, a radionuclidesource may, in the interim, be a major source underpart 70 for another reason, thus requiring a part 70permit. The EPA will work with ADEM, JCDH, andthe City of Huntsville in the development of theirradionuclide program to ensure that permits areissued in a timely manner.

specifically designed to implementsection 112(g). This approval is limitedto the implementation of the 112(g) ruleand is effective only during anytransition time between the effectivedate of the 112(g) rule and the adoptionof specific rules by Alabama toimplement section 112(g). To providethe State and Locals adequate time toadopt regulations consistent withfederal requirements, this approval isgranted with a duration of 18 monthsfollowing promulgation by EPA ofsection 112(g) regulations.

3. Program for Delegation of Section 112Standards as Promulgated

Requirements for approval, specifiedin 40 CFR 70.4(b), encompass section112(l)(5) requirements for approval of aprogram for delegation of section 112standards as promulgated by EPA asthey apply to part 70 sources. Section112(l)(5) requires that the State’sprogram contain adequate authorities,adequate resources for implementation,and an expeditious complianceschedule, which are also requirementsunder part 70. Therefore, EPA isapproving under section 112(l)(5) and40 CFR 63.91, the State’s program forreceiving delegation of section 112standards and programs that areunchanged from Federal rules aspromulgated. In addition, EPA isdelegating all existing standards andprograms under 40 CFR Parts 61 and 63.This program for delegation applies topart 70 and non-part 70 sources.1

III. Administrative Requirements

A. Docket

Copies of the State’s submittal andother information relied upon for thefinal interim approval, including 17public comments received and reviewedby EPA on the proposal, are containedin docket number AL–95–01 maintainedat the EPA Regional Office. The docketis an organized and complete file of allthe information submitted to, orotherwise considered by, EPA in thedevelopment of this final interimapproval. The docket is available for

public inspection at the location listedunder the ADDRESSES section of thisdocument.

B. Executive Order 12866

The Office of Management and Budgethas exempted this action from ExecutiveOrder 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502of the Act do not create any newrequirements, but simply addressoperating permits programs submittedto satisfy the requirements of 40 CFRpart 70. Because this action does notimpose any new requirements, it doesnot have a significant impact on asubstantial number of small entities.

D. Unfunded Mandates

Under Section 202 of the UnfundedMandates Reform Act of 1995, signedinto law on March 22, 1995, EPA mustprepare a budgetary impact statement toaccompany any proposed or final rulethat includes a Federal mandate thatmay result in estimated costs to State,local, or tribal governments in theaggregate; or to the private sector, of$100 million or more. Under Section205, EPA must select the most cost-effective and least burdensomealternative that achieves the objectivesof the rule and is consistent withstatutory requirements. Section 203 ofthe Unfunded Mandates Act requiresEPA to establish a plan for informingand advising any small governmentsthat may be significantly or uniquelyimpacted by the rule.

The EPA has determined that theapproval action promulgated today doesnot include a Federal mandate that mayresult in estimated costs of $100 millionor more to either State, local, or tribalgovernments in the aggregate, or to theprivate sector. This Federal actionapproves pre-existing requirementsunder State or local law, and imposesno new Federal requirements.Accordingly, no additional costs toState, local, or tribal governments, or tothe private sector, result from thisaction.


Environmental protection,Administrative practice and procedure,Air pollution control, Intergovernmentalrelations, Operating permits, Reportingand recordkeeping requirements.

Dated: November 8, 1995.Patrick M. Tobin,Acting Regional Administrator.

Part 70, title 40 of the Code of FederalRegulations is amended as follows:

PART 70—[AMENDED]


Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amendedby adding the entry for Alabama inalphabetical order to read as follows:

Appendix A to Part 70—ApprovalStatus of State and Local OperatingPermits Programs

* * * * *

Alabama

(a) Alabama Department ofEnvironmental Management: submittedon December 15, 1993, andsupplemented on March 3, 1994; March18, 1994; June 5, 1995; July 14, 1995;and August 28, 1995; interim approvaleffective on December 15, 1995; interimapproval expires December 15, 1997.

(b) City of Huntsville Department ofNatural Resources and EnvironmentalManagement: submitted on November15, 1993, and supplemented on July 20,1995; interim approval effective onDecember 15, 1995; interim approvalexpires December 15, 1997.

(c) Jefferson County Department ofHealth: submitted on December 14,1993, and supplemented on July 14,1995; interim approval effective onDecember 15, 1995; interim approvalexpires December 15, 1997.* * * * *[FR Doc. 95–28212 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5332–5]

Title V Clean Air Act Final InterimApproval of Operating PermitsProgram; West Virginia


SUMMARY: EPA is promulgating interimapproval of the operating permitsprogram submitted by West Virginia forthe purpose of complying with federalrequirements for an approvable programto issue operating permits to all majorstationary sources, and to certain othersources.EFFECTIVE DATE: December 15, 1995.ADDRESSES: Copies of West Virginia’ssubmittal and other supportinginformation used in developing the finalinterim approval are available forinspection during normal businesshours at the following location: Air,Radiation, and Toxics Division, U.S.


Environmental Protection Agency,Region III, 841 Chestnut Building,Philadelphia, PA 19107.FOR FURTHER INFORMATION CONTACT:Jennifer M. Abramson, (3AT23), Air,Radiation and Toxics Division, U.S.Environmental Protection Agency,Region III, 841 Chestnut Building,Philadelphia, PA 19107, (215) 597–2923.


I. BackgroundTitle V of the 1990 Clean Air Act

Amendments (sections 501–507 of theClean Air Act (CAA), and implementingregulations at 40 Code of FederalRegulations (CFR) Part 70 require thatstates seeking to administer a Title Voperating permits program develop andsubmit a program to EPA by November15, 1993, and that EPA act to approveor disapprove each program within 1year after receiving the submittal. EPA’sprogram review occurs pursuant tosection 502 of the Act and the Part 70regulations, which together outlinecriteria for approval or disapproval of anoperating permits program submittal.Where a program substantially, but notfully, meets the requirements of Part 70,EPA may grant the program interimapproval for a period of up to 2 years.If EPA has not fully approved a programby November 15, 1995, or by theexpiration of the interim approvalperiod, it must establish and implementa federal program.

On August 29, 1995, EPA proposedinterim approval of the operatingpermits program for West Virginia. (See60 FR 44799). EPA compiled a technicalsupport document (TSD) associatedwith the proposal which contains adetailed analysis of West Virginia’soperating permits program. In thisdocument EPA is taking final action topromulgate interim approval of theoperating permits program for WestVirginia.

II. Analysis of State SubmissionOn November 12, 1993, West Virginia

submitted an operating permits programto satisfy the requirements of the CAAand 40 CFR Part 70 and was found tobe administratively complete pursuantto 40 CFR 70.4(e)(1). The submittal wassupplemented by additional materialson August 26 and September 29, 1994.EPA reviewed the program against thecriteria for approval in section 502 ofthe CAA and the Part 70 regulations.EPA determined, as fully described inthe notice of proposed interim approvalof the state’s operating permits program(see 60 FR 44799 (August 29, 1995)) andthe TSD for this action, that West

Virginia’s operating permits programsubstantially meets the requirements ofthe CAA and Part 70.

III. Response to Public CommentsEPA received several comments from

industry representatives during thepublic comment period. Additionalcomments were submitted after theexpiration of the public commentperiod. These comments and EPA’sresponses are grouped into eight (8)categories. All comments are containedin the docket at the address noted in theADDRESSES section above.

1. ‘‘Insignificant Activities’’Comment: The authority of the Chief

of West Virginia’s Office of Air Quality(WVOAQ) to make additions to theinsignificant activity list should not belimited as proposed by EPA. EPAshould indicate to the WVOAQ that itis appropriate to recognize ‘‘trivialsources’’, described in EPA’s July 10,1995 ‘‘White Paper for StreamlinedDevelopment of Part 70 PermitApplications’’ (herein after the ‘‘WhitePaper’’), as being exempt from Part 70permit applications.

EPA Response: Section 70.5(c)specifically requires activities andemissions levels to be considered as‘‘insignificant’’ to be approved by EPAas part of a state’s operating permitsprogram. EPA’s criteria for approvingactivities and emissions levels as‘‘insignificant’’ derive from therequirement that permit applicationsinclude all information necessary todetermine the applicability of, or toimpose, any applicable requirement,and to evaluate fees.

Section 3.2.d.M of West Virginia’srule authorizes the Chief to determineactivities or emissions units to beinsignificant beyond those approved aspart of West Virginia’s operating permitsprogram. The Chief’s discretion is notlimited to any specific categories ofactivities or emission levels. Asdiscussed in the proposed notice, thisbroad provision is not approvablebecause EPA has no way to evaluatesuch activities against the criteriadiscussed above. Furthermore, thisprovision allows new exemptions frompermit requirements to be grantedwithout prior EPA approval, anapproach which is inconsistent with therequirements of section 70.5(c).

EPA recognizes the desire and needfor state permitting authorities to havethe flexibility to determine additionalactivities other than those listed andapproved as part of a state’s operatingpermits program to be insignificant. Forthis reason, EPA has proposed to allowthe Chief to determine on a permit-by-

permit basis and within boundsapproved by EPA as part of WestVirginia’s program additional activitiesto be considered as insignificant. EPAbelieves that this approach will providethe needed flexibility in a mannerwhich is consistent with therequirements of section 70.5(c). WestVirginia also has the option to submit toEPA for approval additionalinsignificant activities or emissionslevels which are to apply to allpermittees.

As discussed in the ‘‘White Paper’’,EPA believes that, in addition to theinsignificant activity provisions ofsection 70.5(c), section 70.5 allowspermitting authorities to recognizecertain activities as being clearly trivial(i.e., emissions units and activitieswhich do not in any way implicateapplicable requirements) and that suchtrivial activities can be omitted from thepermit application even if not includedon a list of insignificant activitiesapproved in a state’s Part 70 program.Permitting authorities may, on a case-by-case basis and without EPAapproval, exempt additional activitieswhich are clearly trivial. However,additional exemptions, to the extent thatthe activities they cover are not clearlytrivial, still need to be approved by EPAbefore being added to state lists ofinsignificant activities.

While section 70.5 has beeninterpreted to allow flexibility for thedetermination of trivial activities, EPAwill defer to West Virginia to determinewhether similar flexibility exists underits own permit application provisions.EPA believes that it is appropriate tohave such determinations made in thefirst instance at the state level as thedecision of whether any particular itemshould be on a state’s trivial list maydepend on state-specific factors, such aswhether the activity is subject to state-only requirements or specificrequirements of the SIP.

2. Emissions Trading/Volatile OrganicCompounds (VOCs)

Comment: EPA should not prohibitthe Chief’s discretion in establishingpermit provisions which allowemissions trading of categories of VOCs.There is no reason why emissionstrading of this type should beconsidered as an alternative operatingscenario when allowed by applicablerequirements. EPA’s position severelyrestricts the Chief’s ability to administerpermits and reduces operationalflexibility for business and industry.

EPA Response: West Virginia45CSR30, section 5.1.j.D. provides thatpermit provisions for emissions trading‘‘[m]ay include categories of VOCs


which in the Chief’s discretion can besubstituted for one another in aproduction process.’’ EPA’s primaryconcern with this provision is that, aswritten, it is not clear how substitutingcategories of VOCs in a productionprocess could be considered to beemissions trading.

According to the public record of theadoption of West Virginia’s operatingpermits regulations, this provision wasadded to clarify that West Virginia’salternative operating scenarioprovisions should not be limited tochanges in the hours of production orprocess configuration, but should alsoencompass the use of differentchemicals to make slight changes in theproduction process if consistent withapplicable requirements. In response toa request for clarification of thisprovision, a supplemental AttorneyGeneral’s opinion submitted to EPA byWest Virginia on September 29, 1994acknowledged that section 5.1.j.D. wasmisplaced and instead belonged insection 5.1.i.D.

EPA recognizes that Part 70 allowspermits to contain provisions, if thepermit applicant requests them, foremissions trading in accordance withapplicable requirements. In no way isEPA attempting to limit this authority orreduce operational flexibility forbusiness and industry by prohibitingcategories of VOCs from being tradedunder authorized emissions tradingprovisions.

3. Section 112(g) ImplementationComment: The immediate

implementation of section 112(g)following promulgation of EPA’sregulations is not workable. Anappropriate amount of time must beprovided to develop state regulations.An appropriate time limit for WestVirginia to adopt section 112(g) rules is24 months.

EPA response: As discussed in theproposed rulemaking, EPA had untilrecently interpreted the CAA to requiresources to comply with section 112(g)beginning on the date of approval of thestate’s operating permits programregardless of whether EPA hadcompleted its section 112(g) rulemaking.EPA’s current interpretation of the CAApostpones the requirement for sourcesto comply with section 112(g) until afterthe time EPA has promulgated a ruleaddressing that provision (see 60 FR8333).

EPA is still considering whether theeffective date of section 112(g) shouldbe delayed beyond the date ofpromulgation of the federal rule to allowstates time to adopt rules implementingthe federal rule. This decision, however,

will be made in the context of the final112(g) rulemaking. Consequently, EPAwill not respond to the comment relatedto the effective date of section 112(g) inthis document.

Unless and until EPA provides forsuch an additional postponement ofsection 112(g), West Virginia must beable to implement section 112(g) duringthe transition period betweenpromulgation of the federal section112(g) rule and adoption of WestVirginia’s implementing regulations.West Virginia will be required to adoptstate rules in a time frame consistentwith the requirements of the federalsection 112(g) rule. To the extent thatthe federal section 112(g) rule does notestablish a timeframe for the adoption ofstate rules, West Virginia will beallowed up to 24 months to implementits ‘‘transition mechanisms’’ in place ofstate 112(g) regulations. EPA believestwenty-four (24) months to be anappropriate timeframe since WestVirginia’s rulemaking proceduresrequire regulations to be approved bythe state legislature prior to adoption.

4. FeesComment: West Virginia’s fee

structure is adequate to maintain thequality of the program. No additionalflexibility to adjust permitting fees isrequired.

EPA Response: EPA is not requiringWest Virginia to adjust its fee structurein any way. EPA’s fee discussion in theproposed notice merely mentioned thatby having additional flexibility to adjustfee levels, West Virginia would be in abetter position to respond to resourceneeds without having to wait forlegislative approval.

5. Effective DateComment: West Virginia’s electronic

permit application forms have not beencompleted and are not available to theregulated community. Therefore, WestVirginia has not fulfilled therequirements of 70.4(b)(4)(i) for permitapplication forms. The interim approvalshould be provided with an effectivedate of April 1, 1996 so that WestVirginia will have ample time tocomplete the electronic forms.

EPA Response: West Virginia’selectronic permit application forms arecompleted and available to the regulatedcommunity. These forms weresubmitted to EPA on October 18, 1995to replace the hard copy permitapplication forms submitted onNovember 12, 1993 as part of theoriginal operating permits program tosatisfy the requirements of section70.4(b)(4)(i). No postponement of theeffective date is warranted.

6. ‘‘De Minimis’’ Changes

Comment A: EPA’s requirement forremoval of section 6.5.a.A.(c) is notmandated under Part 70 in light of theother ‘‘gatekeeper’’ provisions of section6.5 which serve to prevent Title Imodifications or constructions frombeing exempt from permit modificationprocedures.

EPA Response: EPA agrees that the‘‘gatekeeper’’ provisions of section6.5.a.A. do serve to prevent Title Imodifications or constructions frombeing exempt from permit modificationprocedures. However, section 6.5.a.A.(c)allows changes which are below certain‘‘de minimis’’ emissions levels whichwould otherwise be required to beprocessed as minor permitmodifications to be completely exemptfrom such procedures. While Part 70may allow certain of these changes toinstead be processed ‘‘off-permit’’,sources making ‘‘off-permit’’ changesmust provide contemporaneous writtennotice of the change to the permittingauthority and to EPA. As written,section 6.5.a.A.(c) does not require anyreporting requirements for changesdefined to be ‘‘de minimis’’.

Comment B: Section 6.5.a.A.(c)should not be removed as described byEPA. This section, authorizing certain‘‘de minimis’’ changes to occur withouta permit modification is consistent withthe provisions of the ‘‘White Paper’’.

EPA Response: EPA disagrees. The‘‘White Paper’’ clarifies EPA’sexpectations for permit applicationinformation only. These clarificationswere necessary to streamline andsimplify the development of Part 70permit applications and did not addressthe topic of permit revisions. Part 70does not provide ‘‘de minimis’’ levelsfor source changes below which nopermit modification is required.

7. Definition of ‘‘Emissions Unit’’/112(b)Pollutants

Comment: EPA considers WestVirginia’s section 2.18 definition of theterm ‘‘Emissions unit’’ to be deficientsince it does not expressly includeactivities or parts of activities whichemit or potentially emit pollutants listedunder section 112(b) of the Clean AirAct in addition to pollutants consideredto be ‘‘regulated air pollutants’’. As apractical matter, are there any pollutantslisted under section 112(b) of the CAAthat are not now ‘‘regulated airpollutants’’?

EPA Response: The population ofregulated air pollutants (RAPs), asdescribed in an April 26, 1993 guidancedocument entitled ‘‘Definition ofRegulated Air Pollutant for Purposes of


Title V’’, is composed of the followingcategories of pollutants: (1) Nitrogenoxides (NOX) and volatile organiccompounds (VOCs); (2) any pollutantsfor which an ambient air qualitystandard has been promulgated; (3) anypollutant that is subject to a new sourceperformance standard under section 111of the CAA; (4) any Class I or Class IIozone-depleting substance specifiedunder Title VI of the CAA; and (5) anypollutant subject to a standardpromulgated under section 112 or otherrequirements established under section112 of the CAA.

While it is true that section 112(b)pollutants are ‘‘regulated air pollutants’’if they fall under any one of the five (5)categories of pollutants listed above,EPA has not determined that each of the189 pollutants listed under section112(b) of the CAA are ‘‘regulated airpollutants’’ at this time. Such adetermination would entail an analysisof each of the 189 pollutants listed insection 112(b) of the CAA with respectto the five categories of RAPs, an effortwhich EPA has not undertaken to date.If a determination is made that all of thesection 112(b) pollutants are RAPs thenthe scope of pollutants defined underWest Virginia’s definition of ‘‘Emissionsunit’’ would be broad enough to fullymeet the section 70.2 definition of‘‘Emissions unit’’. Until such adetermination is made, West Virginiamust define the term ‘‘Emissions unit’’to specifically include pollutants listedunder section 112(b) of the CAAconsistent with the section 70.2definition. West Virginia may chose tosubmit such a determination instead ofmodifying its definition of ‘‘Emissionsunit’’ to satisfy the condition for interimapproval.

8. Criminal Penalties for KnowingMisrepresentations of Fact

Comment: In its proposed interimapproval of West Virginia’s Title Voperating permit Program, EPA requiresWest Virginia to modify W. Va. Code§ 22–5–6(b)(1) of the enabling statute forthe program to provide for a maximumcriminal penalty of not less than$10,000 per day per violation forknowing misrepresentations of fact. Onecommenter questions whether theknowing misrepresentation of materialfact is truly amenable to the ‘‘continuingviolation’’ position EPA has taken in 40CFR 70.11(a)(3)(iii). The commenterdoes not further articulate an argumenton this point, but goes on to note that,while Section 502(b)(5)(E) of the CAA,as amended, 42 U.S.C. 7661a(b)(5)(E),provides that state operating permitprograms include the authority torecover civil penalties in a maximum

amount of not less than $10,000 per dayfor each violation, the same subsection,‘‘vests discretion with the States toestablish ‘appropriate criminalpenalties’ in their respective Title Vprograms.’’ Finally, the commenterargues that, in light of the recentdecision in U.S. v. Telluride Company,884 F. Supp. 404 (D. Colorado, May 2,1995), EPA’s ‘‘efforts to apply the‘continuing violation’ theory to thisparticular type of violation seemsmisdirected. Just as in the Telluridecase, where the discharge of fillmaterials into wetlands was held not tobe a ‘continuing violation,’ themisrepresentation of material fact on anapplication or other report is a discreteaction which a reviewing court willmost certainly find not to be continuingin nature.’’

EPA Response: EPA’s clearrequirement at 40 CFR 70.11(a)(3)(iii)that state operating permit programsinclude the authority to recovercriminal penalties in an amount of notless than $10,000 per day per violationagainst any person who knowinglymakes any false material statement,representation or certification in anyforms, in any notice or report requiredby a permit, or who knowingly rendersinaccurate any required monitoringdevice or method, is grounded inlegitimate concerns that theenvironmental risks engendered by suchconduct continue until the falseinformation is corrected. In fact, inmany circumstances, as where arequired monitoring device is tamperedwith, it is impossible to obtain correctinformation after the fact, and in anysuch circumstance, continuingenvironmental contamination can gouncorrected where required informationis falsified. The ‘‘continuing violation’’theory at 40 CFR 70.11(a)(3)(iii) isconsistent with EPA’s positionelsewhere in the CAA and under otherstatutes.

The commenter is misguided in itsview that the statutory language atSection 502(b)(5)(E) which provides thatstate operating permit programs mustinclude, ‘‘appropriate criminalpenalties,’’ amounts to a Congressionalgrant of discretion to the states todetermine what constitutes appropriatecriminal penalties. There is nothing tosuggest that Congress viewed the matterin this way, and it is counter-intuitiveto assume that Congress, whileconcerned enough about civil violationsto require maximum civil penalties to beassessed at at least $10,000 per day perviolation, at the same time felt it wouldbe appropriate for states to setsignificantly less stringent penalties forcriminal behavior, which is what West

Virginia has done here. In fact, as is thenormal course, EPA was charged withinterpreting Section 502, and did sowith the promulgation of 40 CFR part70. In doing so, EPA made the cleardetermination that appropriate criminalpenalties include, at a minimum, thosepenalties specified at 40 CFR70.11(a)(3)(iii). This proposed action onthe West Virginia operating permitprogram is consistent with thatinterpretation.

Finally, notwithstanding the view ofthe U.S. District Court for the District ofColorado on the continuing nature ofdischarges to wetlands under the CleanWater Act, the Telluride decision hasnot warranted a reversal of EPA’sposition under Section 502 of the CleanAir Act, as set forth above, on thecontinuing nature of knowingly falsematerial statements, representations orcertifications in forms, notices or reportsrequired by a permit, or the knowingtampering to render inaccurate anyrequired monitoring device or method.

In addition to the eight (8) categoriesof comments discussed above, onegeneral comment raised with respect toseveral of the proposed interim approvalissues questions why such programdeficiencies warrant interim approvalstatus. Although this same commentwas submitted with respect to several ofthe proposed interim approval issues,EPA will respond to this commentgenerally in this notice.

The Part 70 regulations define theminimum elements required by theCAA for approval of state operatingpermit programs. Section 70.4(d)authorizes EPA to grant interimapproval in situations where a state’sprogram substantially meets therequirements of Part 70, but is not fullyapprovable. In reviewing WestVirginia’s operating permit regulations,the impact of seemingly ‘‘small’’deficiencies such as vague or awkwardlanguage, misplaced, misreferenced ormislabeled provisions, and omissionsprevents EPA from being able todetermine that the requirements of Part70 are fully met. EPA identified suchdeficiencies as ‘‘interim approvalissues’’ which West Virginia mustrevise, modify or otherwise clarify tofully meet Part 70’s requirements. Tothe extent that EPA’s concerns can besatisfied through other mechanisms,regulatory revisions may not benecessary. Specific responses to eachcomment submitted can be found in aresponse to comments documentlocated in the public docket at theaddress noted in the ADDRESSES sectionabove.


Final Action

EPA is promulgating interim approvalof the operating permits programsubmitted by West Virginia onNovember 12, 1993, and supplementedon August 26 and September 29, 1994.West Virginia must make the followingchanges to the operating permitsprogram to fully meet the requirementsof the July 21, 1992 version of Part 70.(See 60 FR 44799):

1. Clarify that the section 2.18definition of ‘‘Emissions unit’’ includesactivities or parts of activities whichemit or potentially emit pollutants listedunder section 112(b) of the CAA.

2. Clarify in section 3.2.d that permitapplications will contain sufficientinformation needed to determine theapplicability of, or to impose, allapplicable requirements. West Virginiamust also ensure that the insignificantactivities list approved as part of thestate’s program will not be modifiedwithout prior EPA approval. Moreover,West Virginia must clarify that potentialemissions from all insignificantactivities or emissions units, whetherincluded in section 3.2.d. or determinedby the Chief on an application byapplication basis, will be included indetermining whether a source is a majorsource.

3. Clarify in section 3.3.a that permitsissued to major sources will include allapplicable requirements that apply tothe source, including those applicablerequirements which may be later foundto be applicable to one or more‘‘insignificant activities’’.

4. Either remove the section 5.1.j.D.provision for VOC category substitutionor clarify how it will be implementedwithin the context of emissions trading.

5. Clarify in section 5.3.e.A. thatpermits will contain provisionsrequiring compliance certifications to besubmitted at least annually or suchmore frequent periods as specified by anapplicable requirement or by thepermitting authority.

6. Clarify in section 5.5 that fortemporary sources that do not obtain anew preconstruction permit prior toeach change in location, the operatingpermits shall include a requirement thatthe owner operator notify the Chief atleast ten (10) days in advance of eachchange in location.

7. Clarify in section 4.1 that sourceswhich become subject to the permittingprogram after the effective date arerequired to submit permit applicationswithin 12 months.

8. Remove section 6.5.a.A.(c).9. Clarify in section 6.8.a.A.(a).(B) that

public notice will be given for allscheduled public hearings, not just

those public hearings which have beenscheduled at the request of an interestedperson.

10. Clarify in section 6.8.a.C. that forall permit modification proceedings,except those modifications qualifyingfor minor permit modifications or fast-track modifications under the Acid RainProgram, public notice will be given bypublication in a newspaper of generalcirculation in the area where the sourceis located (or in a state publicationdesigned to give general public notice),and to persons on a mailing listdeveloped by the permitting authorityincluding those who request in writingto be on the list.

11. Clarify W. Va. Code section 22–5–6(b)(1) as necessary to provide for amaximum criminal penalty in anamount of not less than § 10,000 per dayper violation against any person whoknowingly makes any false materialstatement, representation or certificationin any forms, in any notice or reportrequired by a permit, or who knowinglyrenders inaccurate any requiredmonitoring device or method.

West Virginia must also seekamendments to fix errors in 45CSR33—‘‘Acid Rain Provisions and Permits’’and, until such regulatory changes areadopted, interpret 45CSR33 consistentwith the requirements of part 72 inaccordance with commitments made ina June 23, 1995 letter to EPA.

The scope of West Virginia’s part 70program approved in this notice appliesto all part 70 sources (as defined in theapproved program) within WestVirginia, except any sources of airpollution over which an Indian Tribehas jurisdiction. See, e.g., 59 FR 55813,55815–18 (Nov. 9, 1994). The term‘‘Indian Tribe’’ is defined under the Actas ‘‘any Indian tribe, band, nation, orother organized group or community,including any Alaska Native village,which is federally recognized as eligiblefor the special programs and servicesprovided by the United States to Indiansbecause of their status as Indians.’’ Seesection 302(r) of the CAA; see also 59FR 43956, 43962 (Aug. 25, 1994); 58 FR54364 (Oct. 21, 1993).

This interim approval, which may notbe renewed, extends until December 15,1997. During this interim approvalperiod, West Virginia is protected fromsanctions, and EPA is not obligated topromulgate, administer and enforce afederal operating permits program inWest Virginia. Permits issued under aprogram with interim approval have fullstanding with respect to part 70, and the1-year time period for submittal ofpermit applications by subject sourcesbegins upon the effective date of thisinterim approval, as does the 3-year

time period for processing the initialpermit applications.

If West Virginia fails to submit acomplete corrective program for fullapproval by June 16, 1997, EPA willstart an 18-month clock for mandatorysanctions. If West Virginia then fails tosubmit a corrective program that EPAfinds complete before the expiration ofthat 18-month period, EPA will berequired to apply one of the sanctionsin section 179(b) of the Act, which willremain in effect until EPA determinesthat the West Virginia has corrected thedeficiency by submitting a completecorrective program. Moreover, if theAdministrator finds a lack of good faithon the part of West Virginia, bothsanctions under section 179(b) willapply after the expiration of the 18-month period until the Administratordetermined that West Virginia had comeinto compliance. In any case, if, sixmonths after application of the firstsanction, West Virginia still has notsubmitted a corrective program that EPAhas found complete, a second sanctionwill be required.

If EPA disapproves West Virginia’scomplete corrective program, EPA willbe required to apply one of the section179(b) sanctions on the date 18 monthsafter the effective date of thedisapproval, unless prior to that dateWest Virginia has submitted a revisedprogram and EPA has determined that itcorrected the deficiencies that promptedthe disapproval. Moreover, if theAdministrator finds a lack of good faithon the part of West Virginia, bothsanctions under section 179(b) shallapply after the expiration of the 18-month period until the Administratordetermines that West Virginia has comeinto compliance. In all cases, if, sixmonths after EPA applies the firstsanction, West Virginia has notsubmitted a revised program that EPAhas determined corrects thedeficiencies, a second sanction isrequired.

In addition, discretionary sanctionsmay be applied where warranted anytime after the expiration of an interimapproval period if West Virginia has nottimely submitted a complete correctiveprogram or EPA has disapproved itssubmitted corrective program.Moreover, if EPA has not granted fullapproval to West Virginia’s program bythe expiration of this interim approvaland that expiration occurs afterNovember 15, 1995, EPA mustpromulgate, administer and enforce afederal permits program for WestVirginia upon interim approvalexpiration.

Requirements for approval, specifiedin 40 CFR 70.4(b), encompass section


112(l)(5) requirements for approval of aprogram for delegation of section 112standards as promulgated by EPA asthey apply to Part 70 sources. Section112(l)(5) requires that the state’sprogram contain adequate authorities,adequate resources for implementation,and an expeditious complianceschedule, which are also requirementsunder Part 70. Therefore, EPA is alsopromulgating approval under section112(l)(5) and 40 CFR 63.91 of WestVirginia’s program for receivingdelegation of section 112 standards thatare unchanged from federal standards aspromulgated. This program fordelegations only applies to sourcescovered by the Part 70 program.

Additionally, EPA is promulgatingapproval of West Virginia’s 45CSR30operating permits program, 45CSR13and 45CSR14 preconstruction permitprograms, and authority under W. VaCode § 22–5–4(a)(5) to issueadministrative orders, under theauthority of Title V and Part 70 for thepurpose of implementing section 112(g)if necessary during the transition periodbetween promulgation of the federalsection 112(g) rule and adoption of staterules to implement EPA’s section 112(g)regulations. However, since thisapproval is for the purpose of providinga mechanism to implement section112(g) during the transition period, theapproval of these mechanisms for thispurpose will be without effect if EPAdecides in the final section 112(g) rulethat sources are not subject to therequirements of the rule until stateregulations are adopted. Althoughsection 112(l) generally provides theauthority for approval of state air toxicsprograms, Title V and section 112(g)provide authority for this limitedapproval because of the direct linkagebetween implementation of section112(g) and Title V. Unless the federalsection 112(g) rule establishes a specifictimeframe for the adoption of staterules, the duration of this approval islimited to 24 months followingpromulgation by EPA of section 112(g)regulations, to provide West Virginiawith adequate time to adopt regulationsconsistent with federal requirements.


EPA’s actions under section 502 of theAct do not create any new requirements,but simply address operating permitsprograms submitted to satisfy therequirements of 40 CFR Part 70. Becausethis action does not impose any newrequirements, it does not have asignificant impact on a substantialnumber of small entities.

EPA has determined that this finalinterim approval action does notinclude a federal mandate that mayresult in estimated costs of $100 millionor more to either state, local, or tribalgovernments in the aggregate, or to theprivate sector. This federal action,promulgating interim approval of WestVirginia’s operating permits program,approves pre-existing requirementsunder state or local law, and imposes nonew federal requirements. Accordingly,no additional costs to state, local, ortribal governments, or to the privatesector result from this action.


Environmental protection,Administrative practice and procedure,Air pollution control, Intergovernmentalrelations, Operating permits, Reportingand recordkeeping requirements.

Dated: November 8, 1995.Stanley L. Laskowski,Acting Regional Administrator.


PART 70—[AMENDED]



2. Appendix A to part 70 is amendedby adding the entry for West Virginia inalphabetical order to read as follows:


* * * * *

West Virginia

(a) Department of Commerce, Laborand Environmental Resources:submitted on November 12, 1993, andsupplemented by the Division ofEnvironmental Protection on August 26and September 29, 1994; interimapproval effective on December 15,1995; interim approval expiresDecember 15, 1997.

(b) (Reserved)* * * * *[FR Doc. 95–28211 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 70

[NC–95–01; FRL–5332–2]

Clean Air Act Final Interim Approval OfOperating Permits Program; State ofNorth Carolina, Western NorthCarolina, Forsyth County, andMecklenburg County


SUMMARY: EPA is promulgating interimapproval of the operating permitprogram submitted by the State of NorthCarolina Department of Health(DEHNR), Western North CarolinaRegional Air Pollution Control Agency(WNCRAPCA), Forsyth CountyDepartment of Environmental Affairs(FCDEA), and Mecklenburg CountyDepartment of Environmental Protection(MCDEP) for the purpose of complyingwith Federal requirements for anapprovable State program to issueoperating permits to all major stationarysources, and to certain other sources.EFFECTIVE DATE: December 15, 1995.ADDRESSES: Copies of the NorthCarolina State and local agencysubmittals and the other supportinginformation used in developing the finalinterim approval are available forinspection during normal businesshours at the following location: U.S.Environmental Protection Agency,Region 4, 345 Courtland Street, NE.,Atlanta, Georgia 30365. Interestedpersons wanting to examine thesedocuments, contained in EPA docketnumber NC–95–01, should make anappointment at least 24 hours before thevisiting day.FOR FURTHER INFORMATION CONTACT:Scott Miller, Title V ProgramDevelopment Team, Air ProgramsBranch, Air Pesticides & ToxicsManagement Division, U.S. EPA Region4, 345 Courtland Street NE., Atlanta, GA30365, (404) 347–3555 extension 4153.


I. Background and PurposeTitle V of the 1990 Clean Air Act

Amendments (the Act) and theimplementing regulations at 40 Code ofFederal Regulations (CFR) part 70require that States develop and submitoperating permits programs to EPA byNovember 15, 1993, and that EPA act toapprove or disapprove each programwithin one year after receiving thesubmittal. If the State or local agencysubmittals are changed during the one-year review period, 40 CFR 70.4(e)(2)allows EPA to extend the review periodfor no more than one year following


receipt of additional materials. EPAreceived the North Carolina State andlocal agency submittals on November12, 1993. The State and local agenciesprovided EPA with additional materialsin supplemental submittals datedDecember 17, 1993; February 28, 1994;May 31, 1994; and August 9, 1995.Because the supplements materiallychanged the State and local agency titleV program submittals, EPA extended theone-year review period.

EPA reviews state and local operatingpermit programs pursuant to section 502of the Act and the part 70 regulations,which together outline criteria forapproval or disapproval. Where aprogram substantially, but not fully,meets the requirements of part 70, EPAmay grant the program interim approvalfor a period of up to two years. If EPAhas not fully approved a program byNovember 15, 1995, or by the end of aninterim program, it must establish andimplement a Federal operating permitprogram for the state or local agency.

On August 29, 1995, EPA proposedinterim approval of the operatingpermits program for the DEHNR,WNCRAPCA, FCDEA, and MCDEP. See60 FR 44805. The August 29, 1995notice also proposed approval of theDEHNR, WNCRAPCA, FCDEA, andMCDEP interim mechanism forimplementing section 112(g) and fordelegation of section 112 standards andprograms that are unchanged from theFederal rules as promulgated. Publiccomment was solicited on theseproposed actions. In this document,EPA is responding to the commentsreceived and taking final action topromulgate interim approval of theNorth Carolina State and local operatingpermit programs.

II. Final Action and Implications

A. Analysis of State Submission andResponse to Public Comments

On August 29, 1995, EPA proposedinterim approval of the DEHNR,WNCRAPCA, FCDEA, and MCDEP titleV operating permit programs. See 60 FR44805. The program elements discussedin the proposal notice are unchangedfrom the proposal notice and continueto substantially meet the requirementsof title V and part 70. For detailedinformation on EPA’s analysis of NorthCarolina State and local programsubmittals, please refer to the TechnicalSupport Document (TSD) contained inthe docket at the address noted above.

EPA received one letter during the 30-day public comment period held on theproposed interim approval of the NorthCarolina State and local agencyprograms. The commenter requests that

EPA extend the title V permitapplication submittal deadline for atleast two years from the effective date ofapproval for the DEHNR, WNCRAPCA,FCDEA, and MCDEP due to thecomplexity and evolving nature of thetitle V program. The applicationsubmittal deadline is a function ofNorth Carolina State and local law inresponse to the original part 70regulations promulgated July 21, 1992.See 57 FR 32250. Section 503(c) of theAct requires all title V facilities tosubmit an application to the relevantstate and local permitting authoritieswithin one year after the effective dateof the title V program approval. TheDEHNR, WNCRAPCA, FCDEA, andMCDEP programs fulfill this statutoryrequirement. Therefore, EPA denies therequest to extend the title V permitapplication submittal deadline for atleast two years from the effective date ofapproval for the DEHNR, WNCRAPCA,FCDEA, and MCDEP title V operatingpermit programs.

The commenter requests thatinsignificant activity levels forhazardous air pollutants (HAP) shouldbe set no lower than the section 112(g)de minimis levels for individualpollutants. The commenter is concernedthat ‘‘increases above the 112(g) deminimis levels trigger a complex reviewprocess and the State should be giventhe flexibility to reserve limitedresources for more significantmodifications.’’ Section 70.4(b)(2)requires state and local agencies toinclude in their part 70 programs anycriteria used to determine insignificantactivities or emission levels for thepurpose of determining completeapplications. Section 70.5(c) states thatan application for a part 70 permit maynot omit information needed todetermine the applicability of, or toimpose, any applicable requirement, orto evaluate appropriate fee amounts.Section 70.5(c) also states that EPA mayapprove, as part of a state program, a listof insignificant activities and emissionslevels which need not be included inpermit applications. Under part 70, astate or local agency must request andEPA may approve as part of that state’sor local agency’s program any activitiesor emission levels that they wish toconsider insignificant. Part 70, however,does not establish emission thresholdsfor insignificant activities. EPA hasaccepted emission thresholds of fivetons per year for criteria pollutants, andthe lesser of 1000 pounds per year orsection 112(g) de minimis levels forHAP, as reasonable.

The commenter urges EPA to limit theamount of fees that may be charged toa facility to be limited to the

presumptive minimum ($25/ton ofactual emissions adjusted annually tothe Consumer Price Index (CPI)). TheAct leaves to state discretion thestructure of the title V fee scheduleprovided it meets the requirement ofpresumptive minimum or cost of theprogram. The DEHNR, FCDEA, andMCDEP fee schedules were set to raise,in the aggregate, the presumptiveminimum based on estimates of title Vsource numbers and emissions. The flatfee plus tonnage fee formula wasrecommended by a State-legislativelyestablished Clean Air Act AdvisoryCouncil to reflect work effort to issueand enforce permits. It was adopted bythe Environmental ManagementCommission after public hearings. Thisfee formula means that some sourceswill pay less than a straight $25 plusinflation per ton fee, and some will paymore. In the aggregate, fee revenue hasnot exceeded the presumptiveminimum. In the North Carolina Stateand local agency proposed programapproval notice, EPA noted submittal offee demonstrations from the DEHNR,FCDEA, and MCDEP that showed eachprogram will collect the presumptiveminimum fee. The WNCRAPCAsubmitted a title V program feedemonstration that demonstrated that itwill collect less than the presumptiveminimum. Therefore, the DEHNR,WNCRAPCA, FCDEA, and MCDEP havein effect accommodated thecommenter’s request.

The commenter requested that EPAurge the DEHNR, WNCRAPCA, FCDEA,and MCDEP to set aside any surplusmonies generated in the title Voperating permit program to be placedin a separate interest-bearing account.The commenter further requests thatthese funds should be applied as acredit against fees required insucceeding years, according to theproportion of the total of all emissionsfees which were paid by a title V facilityin a timely manner. As previouslystated, the Act leaves to state discretionthe structure of the title V fee scheduleprovided it meets the requirement ofpresumptive minimum or cost of theprogram. State statutes provide that thefees go into a separate title Vnonreverting account. State statutes donot provide for interest, as they wouldhave to for interest to be credited. Statestatutes do provide for reductions offees when and if the funds in theaccount exceed the title V program costfor the next fiscal year.

The commenter requests that EPAurge DEHNR, WNCRAPCA, FCDEA, andMCDEP to adopt a list of ‘‘trivialactivities,’’ as outlined in the EPA’s‘‘White Paper for Streamlined


Development of Part 70 PermitApplications’’ as well as develop aprocess for approving trivial activitieson a case-by-case basis. EPA notes thatDEHNR, WNCRAPCA, FCDEA, andMCDEP have an insignificant activitieslist found at 15A NCAC 2Q.0102 andrespective local agency regulationswhich include activities that do nothave to be included in a title V permitapplication. Should the State and localprograms elect to utilize the list oftrivial activities from the ‘‘White Paperfor Streamlined Development of Part 70Permit Applications,’’ they may do so attheir own discretion. In addition,DEHNR, WNCRAPCA, FCDEA, andMCDEP have complete discretion overwhether to create a process for case-by-case determinations of trivial activities.EPA recommends that the commentermake any such request to DEHNR,WNCRAPCA, FCDEA, and MCDEP.

Finally, the commenter tookopportunity to make commentsregarding provisions of the part 70supplemental revisions published onAugust 31, 1995. See 60 FR 45530. Thisrulemaking exclusively covers theDEHNR, WNCRAPCA, FCDEA, andMCDEP title V operating permitprograms which are being approvedunder the existing regulations found at40 CFR part 70. EPA recommends thatthe commenter provide comment on theproposed part 70 revisions to theappropriate rulemaking docket for thesubject rulemaking found at 60 FR45530 (August 31, 1995).

B. Final Action

1. Title V Operating Permit ProgramEPA is promulgating interim approval

of the operating permits programsubmitted by the DEHNR, WNCRAPCA,FCDEA, and MCDEP on November 12,1993, and supplemented on December17, 1993; February 28, 1994; May 31,1994; and August 9, 1995. The DEHNR,WNCRAPCA, FCDEA, and MCDEP mustmake the following changes to receivefull program approval:

(a) Revise Regulation 15A NCAC2Q.0507 (MCAPCO Regulation 1.5507,FCAQTC Regulation 3Q.0507, andWNCRAPCARR Regulation 17.0507) torequire an applicant to include allfugitive emissions regardless of whethersuch emissions will be used todetermine title V applicability. Thesefugitive emissions estimates may be ofa qualitative nature as opposed to anumerical quantitative emissionestimate.

(b) Revise Regulation 15A NCAC2Q.0502(c) (MCAPCO Regulation1.5502(c), FCAQTC Regulation3Q.0502(c), and WNCRAPCARR

Regulation 17.0502(c)) to assure thatR&D facilities which are collocated withmanufacturing facilities and which areunder common control and belonging toa single major industrial grouping willbe considered as the same facility fordetermining title V major sourceapplicability for a facility. This changewill not be necessary in the event thatEPA promulgates revisions to part 70that are similar to the DEHNR,WNCRAPCA, FCDEA, and MCDEPcurrent treatment of R&D facilities forpurposes of title V applicability.

(c) Revise Regulation 15A NCAC2Q.0102(b)(2)(B) and respective localagency regulations to adjust theinsignificant emission threshold levelsdownward from potential emissions of40 tpy to potential per emission unitlevels for insignificant activities of 5tons per year for criteria pollutants andthe lesser of 1000 pounds per year orsection 112(g) de minimis levels forHAP. The DEHNR, WNCRAPCA,FCDEA, and MCDEP must also reviseRegulation 15A NCAC 2Q.0102(b)(2)(F)and respective local agency regulationsto provide that the list granted under15A NCAC 2Q.0102(b)(2)(F) must besubject to the above-mentionedpotential emission caps.

(d) Revise Regulation 15A NCAC2Q.0514(a)(4) and respective localagency regulations to clarify thatadministrative permit amendments maybe used to change test dates orconstruction dates only as long as noapplicable requirements would beviolated by doing so. Also, the DEHNR,WNCRAPCA, FCDEA, and MCDEPagencies must change the language ofRegulation 15A NCAC 2Q.0514(a)(4)and respective local agency regulationsto clarify that an administrative permitamendment may be used to move termsand conditions from the State-enforceable side of the permit to theState and Federal enforceable portion ofthe permit provided that the term beingmoved is a requirement which hasbecome Federally enforceable throughsections 110, 111, or 112 or other partsof the Clean Air Act.

(e) Revise Regulation 15A NCAC2Q.0515(f) and respective local agencyregulations to stipulate that a permitshield may not be granted for a minorpermit modification. In addition, theDEHNR, WNCRAPCA, FCDEA, andMCDEP must change Regulation 15ANCAC 2Q.0515(d) and respective localagency regulations to specify that in theevent an applicant submits a singleminor permit modification whichexceeds the thresholds listed in 15ANCAC 2Q.0515(c), the minor permitmodification must be processed within90 days after receiving the application

or 15 days after the end of EPA’s 45 dayreview period, whichever is later.

(f) Revise Regulation 15A NCAC2Q.0517(b) and respective local agencyregulations to provide that a title Vpermit shall be reopened and reissuedwithin 18 months after a newlyapplicable requirement is promulgated.Also, the DEHNR, WNCRAPCA, FCDEA,and MCDEP must amend Regulation15A NCAC 2Q.0517(b)(2) and respectivelocal agency regulations to clarify thatno reopening of a permit is requiredonly if the effective date of a newlyapplicable requirement is after theexpiration of the permit, unless the termof the permit was extended based on thefact that the DEHNR, WNCRAPCA,FCDEA, and MCDEP had not renewedthe permit prior to its expiration.

(g) Revise Regulation 15A NCAC2Q.0518(f) and respective local agencyregulations to remove the phrase‘‘subject to adjudication.’’

The scope of the DEHNR,WNCRAPCA, FCDEA, and MCDEP part70 programs approved in this documentapplies to all part 70 sources (as definedin the approved program) within theState, except any sources of airpollution over which an Indian Tribehas jurisdiction. See, e.g., 59 FR 55813,55815–55818 (November 9, 1994). Theterm ‘‘Indian Tribe’’ is defined underthe Act as ‘‘any Indian tribe, band,nation, or other organized group orcommunity, including any AlaskaNative village, which is Federallyrecognized as eligible for the specialprograms and services provided by theUnited States to Indians because of theirstatus as Indians.’’ See section 302(r) ofthe CAA; see also 59 FR 43956, 43962(August 25, 1994); 58 FR 54364 (October21, 1993).

This interim approval, which may notbe renewed, extends until December 15,1997. During this interim approvalperiod, the State of North Carolina isprotected from sanctions, and EPA isnot obligated to promulgate, administer,and enforce a Federal operating permitsprogram in the State. Permits issuedunder a program with interim approvalhave full standing with respect to part70, and the one-year time period forsubmittal of permit applications bysubject sources begins upon theeffective date of this final interimapproval, as does the three-year timeperiod for processing the initial permitapplications.

If the State of North Carolina fails tosubmit a complete corrective programfor full approval by June 16, 1997, EPAwill start an 18-month clock formandatory sanctions. If North Carolinathen fails to submit a corrective programthat EPA finds complete before the


1 The radionuclide National Emission Standardsfor Hazardous Air Pollutant (NESHAP) is a section112 regulation and therefore, also an applicablerequirement under the State and local operatingpermit programs for part 70 sources. There is notyet a Federal definition of ‘‘major’’ for radionuclidesources. Therefore, until a major source definitionfor radionuclide is promulgated, no source wouldbe a major section 112 source solely due to itsradionuclide emissions. However, a radionuclidesource may, in the interim, be a major source underpart 70 for another reason, thus requiring a part 70permit. EPA will work with the State and localagencies in the development of a radionuclideprogram to ensure that permits are issued in atimely manner.

expiration of that 18-month period, EPAwill be required to apply one of thesanctions in section 179(b) of the Act,which will remain in effect until EPAdetermines that North Carolina hascorrected the deficiency by submitting acomplete corrective program. Moreover,if the Administrator finds a lack of goodfaith on the part of North Carolina, bothsanctions under section 179(b) willapply after the expiration of the 18-month period until the Administratordetermines that North Carolina hascome into compliance. In any case, if,six months after the application of thefirst sanction, North Carolina has notsubmitted a corrective program that EPAhas found complete, a second sanctionwill be required.

If EPA disapproves North Carolina’scomplete corrective program, EPA willbe required to apply one of the section179(b) sanctions on the date 18 monthsafter the effective date of thedisapproval, unless prior to that date theState has submitted a revised programand EPA has determined that itcorrected the deficiencies that promptedthe disapproval. Moreover, if theAdministrator finds a lack of good faithon the part of North Carolina, bothsanctions under section 179(b) willapply after the expiration of the 18-month period until the Administratordetermines that the State has come intocompliance. In all cases, if, six monthsafter EPA applies the first sanction,North Carolina has not submitted arevised program that EPA determines tohave corrected the deficiencies thatprompted disapproval, a secondsanction will be required.

In addition, discretionary sanctionsmay be applied where warranted anytime after the expiration of an interimapproval period if a state has not timelysubmitted a complete correctiveprogram. Moreover, if EPA has notgranted full approval to a state programby the expiration of an interim approvaland that expiration occurs afterNovember 15, 1995, EPA mustpromulgate, administer, and enforce aFederal operating permit program forthat state upon interim approvalexpiration.

2. Preconstruction Review ProgramImplementing Section 112(g)

EPA is approving the use of the NorthCarolina State and local agency’spreconstruction review programs foundin Regulation 15A NCAC 2Q.0300 andrespective local agency regulations as amechanism to implement section 112(g)during the transition period betweenpromulgation of EPA’s section 112(g)rule and the North Carolina State andlocal programs adoption of rules

specifically designed to implementsection 112(g). This approval is limitedto the implementation of the 112(g) ruleand is effective only during anytransition time between the effectivedate of the 112(g) rule and the adoptionof specific rules by the North CarolinaState and local agencies to implement112(g). The duration of this approval islimited to 18 months followingpromulgation by EPA of section 112(g)regulations, to provide the NorthCarolina State and local agencies withadequate time to adopt regulationsconsistent with Federal requirements.

3. Program for Delegation of Section 112Standards as Promulgated

The requirements for part 70 programapproval, specified in 40 CFR 70.4(b),encompass section 112(l)(5)requirements for approval of a state andlocal program for delegation of section112 standards promulgated by EPA asthey apply to title V sources. Section112(l)(5) requires that the State andlocal programs contain adequateauthorities, adequate resources forimplementation, and an expeditiouscompliance schedule, which are alsorequirements under part 70. Therefore,EPA is approving under section112(l)(5) and 40 CFR 63.91, the NorthCarolina State and local programs forreceiving delegation of section 112standards and programs that areunchanged from the Federal rules aspromulgated. EPA is also approving thedelegation of all existing standardsunder 40 CFR parts 61 and 63. Thisprogram for delegation applies to bothpart 70 and non-part 70 sources.1

Based on the delegation requestsNorth Carolina submitted by NorthCarolina and each local agency, EPA hasdetermined that all requirements (i.e.,legal authority, available resources,implementation schedules, andcompliance mechanisms) necessary fordelegation have been satisfied. As thedelegation relates to the existingNESHAP standards, the effective date ofthe delegations would be the date theindividual standards become effectiveas a matter of State or local law. For

future standards, the State of NorthCarolina, once State approved, willutilize automatic adoption as itsdelegation mechanism. Hence, allstandards will be state effective on thedate of EPA promulgation. Subsequent(or within thirty days) to the State’sdelegation, the local programs will seekdelegation of Federal authorities. Duringthe interim period between Federalpromulgation and the effective localdelegations, the North Carolina Stateand local programs will continue toimplement the standards, excludingenforcement actions, under aMemorandum of Agreement enteredinto with EPA. EPA will retain primaryenforcement authority until therespective effective dates for eachpromulgated standard becomes Stateand locally effective. The most efficientuse of State, local and EPA resourceswould dictate usage of this streamlinedapproval approach, thereby, negatingthe need for either the North CarolinaState or any of the local programs tosubmit additional demonstrations ofauthority sufficiency, resourceavailability, and/or implementationmechanisms for any requests that arenot approved with this title V approvalaction.

III. Administrative Requirements

A. Docket

Copies of the State and local agencysubmittals and other information reliedupon for the final interim approval,including the one public comment letterreceived and reviewed by EPA on theproposal notice, are contained in docketnumber NC–95–01 maintained at theEPA Region 4 Office. The docket is anorganized and complete file of all theinformation submitted to, or otherwiseconsidered by, EPA in the developmentof this final interim approval. Thedocket is available for public inspectionat the location listed under theADDRESSES section of this document.

B. Executive Order 12866


C. Regulatory Flexibility Act

EPA’s actions under section 502 of theAct do not create any new requirements,but simply address operating permitprograms submitted to satisfy therequirements of 40 CFR part 70. Becausethis action does not impose any newrequirements, it does not have asignificant impact on a substantialnumber of small entities.


D. Unfunded MandatesUnder section 202 of the Unfunded

Mandates Reform Act of 1995, signedinto law on March 22, 1995, EPA mustprepare a budgetary impact statement toaccompany any proposed or final rulethat includes a Federal mandate thatmay result in estimated costs to State,local, or tribal governments in theaggregate, or to the private sector, of$100 million or more. Under section205, EPA must select the most cost-effective and least burdensomealternative that achieves the objectivesof the rule and is consistent withstatutory requirements. Section 203requires EPA to establish a plan forinforming and advising any smallgovernments that may be significantlyor uniquely impacted by the rule.

EPA has determined that theproposed interim approval actionpromulgated today does not include aFederal mandate that may result inestimated costs of $100 million or moreto state, local, or tribal governments inthe aggregate, or to the private sector.This Federal action approves pre-existing requirements under state orlocal law, and imposes no new Federalrequirements. Accordingly, noadditional costs to state, local, or tribalgovernments, or to the private sector,result from this action.

List of Subjects in 40 CFR Part 70Environmental protection,

Administrative practice and procedure,Air pollution control, Intergovernmentalrelations, Operating permits, Reportingand recordkeeping requirements.

Dated: November 2, 1995.Patrick M. Tobin,Acting Regional Administrator.


PART 70—[AMENDED]



2. Appendix A to part 70 is amendedby adding the entry for North Carolinain alphabetical order to read as follows:


* * * * *North Carolina(a) Department of Environment,

Health and Natural Resources, WesternNorth Carolina Regional Air PollutionControl Agency, Forsyth CountyDepartment of Environmental Affairsand the Mecklenburg CountyDepartment of Environmental

Protection: submitted on November 12,1993, and supplemented on December17, 1993; February 28, 1994; May 31,1994; and August 9, 1995; interimapproval effective on December 15,1995; interim approval expiresDecember 15, 1997.

(b) (Reserved)* * * * *[FR Doc. 95–28186 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 180

[PP 2F4072/R2188; FRL–4986–7]

RIN 2070–AB78

Metalaxyl; Pesticide Tolerances

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This rule establishestolerances for combined residues of thefungicide metalaxyl [N-(2,6-dimethylphenyl)-N-(methoxyacetyl)alanine methyl ester] and its metabolitescontaining the 2,6-dimethylanilinemoiety and N-(2-hydroxymethyl-6-methylphenyl)-N-(methoxyacetyl)-alanine methyl ester, each expressed asmetalaxyl equivalents, in or on the rawagricultural commodities brassica (cole)leafy vegetables group [except broccoli,cabbage, cauliflower, brussels sprouts,and mustard greens] at 0.1 part permillion (ppm); brussels sprouts at 2.0ppm; cabbage at 1.0 ppm; cauliflower at1.0 ppm; and mustard greens at 5.0ppm. Ciba-Geigy Corp. submitted apetition under the Federal Food, Drugand Cosmetic Act (FFDCA) for theregulation to establish a maximumpermissible level for residues of thefungicide.EFFECTIVE DATE: This rule becomeseffective on October 27, 1995.ADDRESSES: Written objections andhearing requests, identified by thedocument control number, [PP 2F4072/R2188], may be submitted to: HearingClerk (1900), Environmental ProtectionAgency, Rm. M3708, 401 M St., SW.,Washington, DC 20460. Feesaccompanying objections shall belabeled Tolerance Petition Fees andforwarded to EPA HeadquartersAccounting Operations Branch, OPP(Tolerance Fees), P. O. Box 360277M,Pittsburgh, PA 15251. A copy of anyobjections and hearing requests filedwith the Hearing Clerk should beidentified by the document controlnumber and submitted to: PublicResponse and Program ResourcesBranch, Field Operations Division

(7506C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460. Inperson, bring copy of objections andhearing requests to Rm. 1132, CM #2,1921 Jefferson Davis Hwy., Arlington,VA 22202.

A copy of any objections and hearingrequests filed with the Hearing Clerkmay also be submitted electronically bysending electronic mail (e-mail) to: [email protected]. Copies ofobjections and hearing requests must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption. Copies of objections andhearing requests will also be acceptedon disks in WordPerfect in 5.1 fileformat or ASCII file format. All copiesof objections and hearing requests inelectronic form must be identified bythe document number [PP 2F4072/R2188]. No Confidential BusinessInformation (CBI) should be submittedthrough e-mail. Electronic copies ofobjections and hearing requests on thisrule may be filed online at many FederalDepository Libraries. Additionalinformation on electronic submissionscan be found below in this document.FOR FURTHER INFORMATION CONTACT: Bymail: Connie B. Welch, ProductManager (PM) 21, Registration Division(7505C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Rm. 227, CM #2, 1921 Jefferson DavisHighway, Arlington, VA 22202, (703)305-6226; e-mail:[email protected] INFORMATION: EPAissued a notice of filing, published inthe Federal Register of June 15, 1995(60 FR 31465), which announced thatCiba-Geigy Corp., P.O. Box 18300,Greensboro, NC 27419, had submitted apesticide petition, PP 2F4063, to EPArequesting that the Administrator,pursuant to section 408(d) of theFFDCA, 21 U.S.C. 346a(d), establishtolerances for combined residues of thefungicide metalaxyl [N-(2,6-dimethylphenyl)-N-(methoxyacetyl)alanine methyl ester] and its metabolitescontaining the 2,6-dimethylanilinemoiety and N-(2-hydroxymethyl-6-methylphenyl)-N-(methoxyacetyl)-alanine methyl ester, each expressed asmetalaxyl equivalents, in or on the rawagricultural commodities brassica (cole)leafy vegetables group [except broccoli,cabbage, cauliflower, brussels sprouts,and mustard greens] at 0.1 part permillion (ppm); brussels sprouts at 2.0ppm; cabbage at 1.0 ppm; cauliflower at1.0 ppm; and mustard greens at 5.0ppm.


There were no comments received inresponse to the notice of filing. Thescientific data submitted in the petitionand other relevant material have beenevaluated. The toxicological dataconsidered in support of the toleranceinclude:

1. A 3-month dietary study in ratswith a no-observed-effect level (NOEL)at 17.5 milligrams per kilogram (mg/kg)body weight (bwt)/day (250 parts permillion (ppm)).

2. A developmental toxicity study inrats with a NOEL of 50 mg/kg bwt fordevelopmental toxicity and maternaltoxicity.

3. A developmental toxicity study inrabbits with a NOEL of 300 mg/kg bwthighest dose tested (HDT). Metalaxyldid not cause developmental toxicity,even in the presence of maternaltoxicity.

4. Metalaxyl was negative in bacterialand mammalian gene mutation. Thefungicide also did not increase thefrequency of reverse mutations in yeast.Metalaxyl was negative in an in vivocytogenetics assay (hamsters) and adominant-lethal assay (mice).

Metalaxyl did not increaseunscheduled DNA synthesis in ratprimary hepatocytes or in humanfibroblasts. These results suggest thatmetalaxyl is not genotoxic.

5. A three-generation rat reproductionstudy with a NOEL of 63 mg/kg bwt/day(1,250 ppm).

6. A 6-month dog feeding study witha NOEL of 6.3 mg/kg bwt/day (250ppm). Effects found at 25 mg/kg wereincreased serum alkaline phosphataseactivity and increased liver weight andliver-to-brain weight ratios withouthistological changes.

7. A 2-year rat chronic feeding/carcinogenicity study with nocompound-related carcinogenic effects

under the conditions of the study atdietary levels up to 1,250 ppm. TheNOEL is 13 mg/kg bwt/day (250 ppm).The lowest-observed-effect level (LOEL)is 63 mg/kg/day based upon slightincreases in liver weight to body weightratios and periacinar vacuolation ofhepatocytes.

8. A 2-year mouse oncogenic studywith no compound-related carcinogeniceffects under the conditions of the studyat dietary levels up to 190 mg/kg/day.

Because of concerns raised over someequivocal increases in tumor incidencesin the male mouse liver and the male ratadrenal medulla, and the female ratthyroid, the two chronic feeding studieswere submitted to the EnvironmentalPathology Laboratories (EPL) for anindependent reading of the microscopicslides. The new pathological evaluationby EPL and the original reports of the ratand mouse oncogenicity studies werethen both submitted for review to EPA’sCarcinogen Assessment Group (CAG). Afinal review of the carcinogenicitystudies and related material wasperformed by the Peer ReviewCommittee of the Toxicology Branch(TB) of the Office of Pesticide Programs(OPP).

The four major issues evaluated byCAG and the peer review groupincluded: (1) Perifollicular celladenomas in the thyroid of female rats;(2) adrenal medullary tumors(pheochromocytomas) in male rats; (3)liver tumors in male mice; and (4)whether the HDT (1,250 ppm) in the ratand mouse oncogenicity studiesrepresented a maximum-tolerated dose(MTD).

Regarding the thyroid tumors infemale rats, the peer review groupconcluded that the increased incidencesof thyroid tumors in females of treated

groups were not compound related. Thisconclusion was based on the following:(1) There was no progression of benigntumors (adenomas) to malignancy(carcinomas); (2) there was no increasein hyperplastic changes; (3) there wasno dose-response relationship; and (4)the two reevaluations of the microscopicslides by the pathologists at EPL and TBin OPP further did not confirm anyapparent effects observed in the originalreport.

The issue of a possible treatment-related increase of adrenal medullarygland tumors, namely,pheochromocytomas, in the male ratwas also reassessed by both CAG andthe Peer Review Committee. Bothconcluded that the data, especially inview of the reevaluation of themicroscopic slides performed by EPL,did not support a compound-relatedincrease of adrenal medullary tumors;the incidence of pheochromocytomasmore accurately representedspontaneous variations of a commonlyoccurring tumor in the aged rat.

The analysis of the significance of theequivocal increase in the incidence ofliver tumors in male mice was verysimilar to that performed for the ratthyroid and adrenal gland tumors. Theoriginal pathological reading of thetissue slides reported an elevatedincrease of tumors in some treatmentgroups; however, these increases werenot evident after a reevaluation ofthemicroscopic slides was performed byan independent pathologist at EPL andby the reading of a CAG pathologist. ThePeer Review Committee concurred thatthe reevaluation of the slides is reliableand does not show any compound-related increase in the incidence of livertumors in the mouse.


The Agency believes that the datafrom the rat and mouse long-termstudies are sufficient to support theconclusion that metalaxyl does notshow a carcinogenic potential inlaboratory animals. This conclusion issupported by the following: (1) Thedoses tested in both the rat and mouselong-term studies approached an MTDbased upon compound-related changesin liver weight and/or liver histology;(2) extensive available mutagenicevidence indicates no potentialgenotoxic activity which correlates withthe negative carcinogenic potentialdemonstrated in long-term testing; (3)metalaxyl is not structurally related toknown carcinogens; and (4) under theconditions of the rat and mouse tests, noindication of compound-relatedcarcinogenic effects was noted at any ofthe treatment doses, sexes, or species.

The reference dose (RfD), anticipatedresidue contribution (ARC), and foodadditive regulations are covered byexisting tolerances.

The nature of the residue isadequately understood. Theenforcement methodology has beensubmitted to the Food and DrugAdministration for publication in thePesticide Analytical Manual, Volume II(PAM II). Because of the long lead timefor publication of the method in PAM II,the analytical methodology is beingmade available in the interim to anyoneinterested in pesticide enforcementwhen requested from: Calvin Furlow,Public Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Rm. 1132, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA 22202, (703)-305-5232.

There are presently no actionspending against the continuedregistration of this chemical.

Based on the information and dataconsidered, the Agency has determinedthat the tolerances established byamending 40 CFR part 180 will protectthe public health. Therefore, thetolerances are established as set forthbelow.

Any person adversely affected by thisregulation may, within 30 days afterpublication of this document in theFederal Register, file written objectionsto the regulation and may also requesta hearing on those objections.Objections and hearing requests must befiled with the Hearing Clerk, at theaddress given above (40 CFR 178.20). Acopy of the objections and/or hearingrequests filed with the Hearing Clerkshould be submitted to the OPP docketfor this rulemaking. The objectionssubmitted must specify the provisionsof the regulation deemed objectionableand the grounds for the objections (40CFR 178.25). Each objection must beaccompanied by the fee prescribed by40 CFR 180.33(i). If a hearing isrequested, the objections must include astatement of the factual issue(s) onwhich a hearing is requested, therequestor’s contentions on such issues,and a summary of any evidence reliedupon by the objector (40 CFR 178.27). Arequest for a hearing will be granted ifthe Administrator determines that thematerial submitted shows the following:There is genuine and substantial issueof fact; there is a reasonable possibilitythat available evidence identified by therequestor would, if established, resolveone or more of such issues in favor ofthe requestor, taking into account

uncontested claims or facts to thecontrary; and resolution of the factualissue(s) in the manner sought by therequestor would be adequate to justifythe action requested (40 CFR 178.32).

EPA has established a record for thisrulemaking under docket number [PP2F4072/R2188] (including commentsand data submitted electronically asdescribed below). A public version ofthis record, including printed, paperversions of electronic comments, whichdoes not include any informationclaimed as (CBI), is available forinspection from 8 a.m. to 4:30 p.m.,Monday through Friday, except legalholidays. The public record is located inRm. 1132 of the Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, Crystal Mall #2,1921 Jefferson Davis Highway,Arlington, VA.

Electronic comments can be sentdirectly to EPA at:

[email protected] comments must be

submitted as an ASCII file avoiding theuse of special characters and any formof encryption.

The official record for thisrulemaking, as well as the publicversion, as described above will be keptin paper form. Accordingly, EPA willtransfer all comments receivedelectronically into printed, paper formas they are received and will place thepaper copies in the official rulemakingrecord which will also include allcomments submitted directly in writing.The official rulemaking record is thepaper record maintained at the addressin ‘‘ADDRESSES’’ at the beginning ofthis document.


Under Executive Order 12866, EPAmust judge whether a rule is ‘‘major’’and therefore requires a RegulatoryImpact Analysis.

This rule was submitted to the Officeof Management and Budget (OMB) forreview as required by Executive Order12866.

Under the Regulatory Flexibility Act(5 U.S.C. 605(b)), EPA has determinedthat regulations establishing newtolerances or raising tolerance levels orestablishing exemptions from tolerancerequirements do not have a significanteconomic impact on a substantialnumber of small entities. A certificationstatement to this effect was published inthe Federal Register of May 4, 1981 (46FR 24950).

OMB has approved the informationcollection requirements contained inthis rule under the provisions of thePaperwork Reduction Act, 44 U.S.C.3501 et seq.


Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: October 27, 1995.

Peter Caulkins,Acting Director, Registration Division, Officeof Pesticide Programs.

Therefore, 40 CFR part 180 isamended as follows:



Authority: 21 U.S.C. 346a and 371.

2. In § 180.408, in paragraph (a) byamending the table therein by revisingthe entries for Brassica (cole) leafyvegetables group, cabbage, andcauliflower and by adding new entriesfor brussels sprouts and mustard greens,to read as follows:

§ 180.408 Metalaxyl; tolerances forresidues.

(a) * * *

Commodity Parts permillion

* * * * *Brassica (cole) leafy vegetables

group [except broccoli, cab-bage, cauliflower, brusselssprouts, and mustard greens] 0.1

Brussels sprouts ....................... 2.0

* * * * *Cabbage ................................... 1.0


* * * * *Cauliflower ................................ 1.0

* * * * *Mustard greens ......................... 2.0

* * * * *

* * * **

[FR Doc. 95–28068 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–F

40 CFR Part 180

[PP 3F4258/R2181; FRL–4983–1]

RIN 2070–AB78

Avermectin B1 and Its Delta-8,9-Isomer; Pesticide Tolerance

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This document establishes atolerance for combined residues of theinsecticide avermectin B1 and its delta-8,9-isomer in or on the raw agriculturalcommodity bell peppers. MerckResearch Laboratories requested theregulation to establish a maximumpermissible level for residues of thepesticide pursuant to a petitionsubmitted to EPA under the FederalFood, Drug and Cosmetic Act (FFDCA).EFFECTIVE DATE: This regulationbecomes effective November 15, 1995.ADDRESSES: Written objections andhearing requests, identified by thedocument control number, [PP 3F4258/R2181], may be submitted to: HearingClerk (1900), Environmental ProtectionAgency, Rm. M3708, 401 M St., SW.,Washington, DC 20460. Feesaccompanying objections and hearingrequests shall be labeled ‘‘TolerancePetition Fees’’ and forwarded to: EPAHeadquarters Accounting OperationsBranch, OPP (Tolerance Fees), P.O. Box360277M, Pittsburgh, PA 15251. A copyof any objections and hearing requestsfiled with the Hearing Clerk should beidentified by the document controlnumber and submitted to: PublicResponse and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460. Inperson, bring copy of objections andhearing requests to: Rm. 1132, CM #2,1921 Jefferson Davis Hwy., Arlington,VA 22202.

A copy of objections and hearingrequests filed with the Hearing Clerk

may also be submitted electronically bysending electronic mail (e-mail) to: [email protected]. Copies ofobjections and hearing requests must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption. Copies of objections andhearing requests will also be acceptedon disks in WordPerfect in 5.1 fileformat or ASCII file format. All copiesof objections and hearing requests inelectronic form must be identified bythe docket number [PP 3F4258/R2181].No Confidential Business Information(CBI) should be submitted through e-mail. Electronic copies of objections andhearing requests on this rule may befiled online at many Federal DepositoryLibraries. Additional information onelectronic submissions can be foundbelow in this document.FOR FURTHER INFORMATION CONTACT: Bymail: George LaRocca, Product Manager(PM) 13, Registration Division (7505C),Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Rm. 204, CM #2, 1921 Jefferson DavisHwy., Arlington, VA 22202, (703)-305-6100; e-mail:[email protected] INFORMATION: In theFederal Register of September 20, 1995(60 FR 48681), EPA issued a proposedrule that gave notice that MerckResearch Laboratories, Inc., hadsubmitted a pesticide petition, PP3F4258, under section 408 of theFFDCA, 21 U.S.C. 346a, to establish atolerance for combined residues of theinsecticide avermectin B1 and its delta-8,9-isomer in or on the raw agriculturalcommodity bell peppers at 0.01 part permillion (ppm).

There were no comments or requestsfor referral to an advisory committeereceived in response to the proposedrule.

The data submitted with the proposaland other relevant material have beenevaluated and discussed in theproposed rule. Based on the data andinformation considered, the Agencyconcludes that the tolerance will protectthe public health. Therefore, thetolerance is established as set forthbelow.

Any person adversely affected by thisregulation may, within 30 days afterpublication of this document in theFederal Register, file written objectionsand/or request a hearing with theHearing Clerk, at the address givenabove (40 CFR 178.20). A copy of theobjections and/or hearing requests filedwith the Hearing Clerk should besubmitted to the OPP docket for thisrulemaking. The objections submitted


must specify the provisions of theregulation deemed objectionable and thegrounds for the objections (40 CFR178.25). Each objection must beaccompanied by the fee prescribed by40 CFR 180.33(i). If a hearing isrequested, the objections must include astatement of the factual issue(s) onwhich a hearing is requested, therequestor’s contentions on such issues,and a summary of any evidence reliedupon by the objector (40 CFR 178.27). Arequest for a hearing will be granted ifthe Administrator determines that thematerial submitted shows the following:There is a genuine and substantial issueof fact; there is a reasonable possibilitythat available evidence identified by therequestor would, if established, resolveone or more of such issues in favor ofthe requestor, taking into accountuncontested claims or facts to thecontrary; and resolution of the factualissue(s) in the manner sought by therequestor would be adequate to justifythe action requested (40 CFR 178.32).

A record has been established for thisrulemaking under docket number [PP3F4258/R2181] (including anyobjections and hearing requestssubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Rm. 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.

Written objections and hearingrequests, identified by the documentcontrol number [PP 3F4258/R2181],may be submitted to the Hearing Clerk(1900), Environmental ProtectionAgency, Rm. 3708, 401 M St., SW.,Washington, DC 20460.

A copy of electronic objections andhearing requests filed with the HearingClerk can be sent directly to EPA at:

[email protected]

A copy of electronic objections andhearing requests filed with the HearingClerk must be submitted as an ASCII fileavoiding the use of special charactersand any form of encryption.

The official record for thisrulemaking, as well as the publicversion, as described above will be keptin paper form. Accordingly, EPA willtransfer any objections and hearingrequests received electronically intoprinted, paper form as they are received

and will place the paper copies in theofficial rulemaking record which willalso include all objections and hearingrequests submitted directly in writing.The official rulemaking record is thepaper record maintained at the addressin ‘‘ADDRESSES’’ at the beginning ofthis document.

Under Executive Order 12866 (58 FR51735, Oct. 4, 1993), the Agency mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toreview by the Office of Management andBudget (OMB) and the requirements ofthe Executive Order. Under section 3(f),the order defines a ‘‘significantregulatory action’’ as an action that islikely to result in a rule (1) having anannual effect on the economy of $100million or more, or adversely andmaterially affecting a sector of theeconomy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgovernments or communities (alsoreferred to as ‘‘economicallysignificant’’); (2) creating seriousinconsistency or otherwise interferingwith an action taken or planned byanother agency; (3) materially alteringthe budgetary impacts of entitlement,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raising novel legal orpolicy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in this ExecutiveOrder.

Pursuant to the terms of the ExecutiveOrder, EPA has determined that thisrule is not ‘‘significant’’ and is thereforenot subject to OMB review.

Pursuant to the requirements of theRegulatory Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612),the Administrator has determined thatregulations establishing new tolerancesor raising tolerance levels orestablishing exemptions from tolerancerequirements do not have a significanteconomic impact on a substantialnumber of small entities. A certificationstatement to this effect was published inthe Federal Register of May 4, 1981 (46FR 24950).


Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.


Stephen L. Johnson,Director, Registration Division, Office ofPesticide Programs.

Therefore, 40 CFR part 180 isamended as follows:




2. By amending § 180.449(b) in thetable therein by adding andalphabetically inserting an entry for bellpeppers, to read as follows:

§ 180.449 Avermectin B1 and its delta-8,9-isomer; tolerances for residues.* * * **

(b) * * *


* * * * *Peppers, bell ............................. 0.01

* * * * *


FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Parts 21 and 74

[MM Docket No. 94–131 and PP Docket No.93–253, FCC 95–445]

Filing Procedures in MultipointDistribution Service and in theInstructional Television Fixed Service,Including Electronic Filing andCompetitive Bidding

AGENCY: Federal CommunicationsCommission.ACTION: Final rule; petition forreconsideration.

SUMMARY: This document addressesissues raised on reconsideration of theMultipoint Distribution Service (MDS)Report and Order, which modified theMDS application process andestablished competitive biddingprocedures to select among mutuallyexclusive applicants for MDS. Thisproceeding is intended to resolve theissues presented in the petitions forreconsideration filed on various aspectsof the MDS Report and Order.Clarification is needed in order toexpedite the auction of the MDSspectrum, intended to enhance thedelivery of wireless cable to the public.EFFECTIVE DATE: November 15, 1995.FOR FURTHER INFORMATION CONTACT:Charles Dzeidzic at (202) 418–1604,Sharon Bertelsen at (202) 416–0892,Jerrianne Timmerman at (202) 416–0881, Video Services Division, MassMedia Bureau.


SUPPLEMENTARY INFORMATION: TheMemorandum and Order onReconsideration addresses petitions forreconsideration filed in response to theMDS Report and Order, released June30, 1995, summarized at 60 FR 36524(July 17, 1995), which modified theMDS application process andestablished competitive biddingprocedures for MDS. Thirteen petitionsfor reconsideration on various aspects ofthe MDS Report and Order were filedwith the Commission. Petitionersinclude the Wireless Cable Association,Bell Atlantic, Pacific Telesis-CrossCountry Wireless, InstructionalTelecommunications Foundation,Network for Instructional Television,Trans Video Communications, as wellas a number of individual wireless cableor Instructional Television FixedService (ITFS) operators.

The petitioners raise numerous legaland technical issues. Under thecompetitive bidding proceduresestablished in the MDS Report andOrder, a geographic licensing plan wasdeveloped under which the Commissionwould allot one MDS authorization foreach of the 487 Basic Trading Areas(BTAs) and six additional BTA-likegeographic areas. The BTAauthorization holder would be able toconstruct and license facilities toprovide wireless cable service on anyusable MDS channels within the BTA,and would have preferred rights to theavailable ITFS frequencies and leaseagreements within the BTA. The MDSReport and Order required the BTAauthorization holder to protect currentlyauthorized and previously proposedMDS stations, known as ‘‘incumbents,’’as well as the receive sites of ITFSsystems, against harmful interference. Inthe Report and Order, the Commissionalso provided certain preferences forsmall businesses participating in theauction, established a five year build-out requirement for the BTAauthorization holders, and establishedprocedures to allow partitioning of theBTA.

Petitioners generally praised theCommission’s efforts to facilitate thedevelopment of wireless cable services.However, petitioners asked forreconsideration or clarification ofcertain Commission rules and policiesadopted in the MDS Report and Order.The Commission granted certain aspectsof the petitions for reconsideration,most notably those requestingelimination of the BTA authorizationholder’s right of first refusal regardingnew ITFS lease agreements. In addition,the Commission raised one issue,regarding unjust enrichment to prevent

abuse of the partitioning rules, on itsown motion.

The complete text of the rule changesfollows. The complete text of theMemorandum and Order onReconsideration is also available forinspection and copying during normalbusiness hours in the FCC ReferenceCenter, Room 239, at the FederalCommunications Commission, 1919 MStreet, NW., Washington, DC 20554, andit may be purchased from theCommission’s copy contractor,International Transcription Service,Inc., 2100 M Street, NW., Suite 140,Washington, DC 20037, (202) 857–3800.

These rule changes will becomeeffective immediately upon theirpublication in the Federal Register.Pursuant to 5 U.S.C. 553(d)(3) theCommission found good cause to havethe rule amendments take effectimmediately upon publication in theFederal Register. The MDS auction isscheduled to commence on November13, 1995. The revised rules need to beeffective in less than 30 days so that theauction may take place as scheduledand bidders are fully informed of therules prior to the auction.

List of Subjects

47 CFR Part 21

Communications common carriers,Communications equipment, Reportingand recordkeeping requirements,Television.

47 CFR Part 74

Television broadcasting.Federal Communications Commission.

William F. Caton,Acting Secretary.

Rule Changes

Parts 21 and 47 of Chapter I of Title47 of the Code of Federal Regulationsare amended as follows:

PART 21—DOMESTIC PUBLIC FIXEDRADIO SERVICES


Authority: Secs. 1, 2, 4, 201–205, 208, 215,218, 303, 307, 313, 314, 403, 404, 410, 602;48 Stat. 1064, 1066, 1070–1073, 1076, 1077,1080, 1082, 1083, 1087, 1094, 1098, 1102, asamended; 47 U.S.C. 151, 154, 201–205, 208,215, 218, 303, 307, 313, 314, 403, 602; 47U.S.C. 552, 554.

2. Section 21.2 is amended by revisingthe definitions for ‘‘BTA service area’’and ‘‘Partitioned service area’’ to read asfollows:


* * * * *

BTA service area. The area within theboundaries of a BTA to which a BTAauthorization holder may provideMultipoint Distribution Service. Thisarea excludes the protected service areasof incumbent MDS stations andpreviously proposed and authorizedITFS facilities, including registeredreceive sites.* * * * *

Partitioned service area (PSA). Thearea within the coterminous boundariesof one or more counties or othergeopolitical subdivisions, drawn from aBTA, to which an authorization holdermay provide Multipoint DistributionService or the area remaining in a BTAupon partitioning any portion of thatBTA. This area excludes the protectedservice areas of incumbent MDS stationsand previously proposed and authorizedITFS stations, including registeredreceive sites.

3. Section 21.15(g) is revised to readas follows:

§ 21.15 Technical content of applications.

* * * * *(g) Except for applications in the

Multipoint Distribution Service filed onor after September 15, 1995, eachapplication in the Point-to-Point Radio,Local Television Transmission andDigital Electronic Message Service(excluding user stations) proposing anew or replacement antenna (excludingomni-directional antennas) shallinclude an antenna radiation patternshowing the antenna power gaindistribution in the horizontal planeexpressed in decibels, unless suchpattern is known to be on file with theCommission in which case the applicantmay reference in its application theFCC–ID number that indicates that thepattern is on file with the Commission.Multipoint Distribution Serviceapplicants who filed applications on orafter September 15, 1995 must providerelated information in completing anMDS long-form application.* * * * *

4. Section 21.42(d) is revised to readas follows:

§ 21.42 Certain modifications not requiringprior authorization.

* * * * *(d) Licensees may correct erroneous

information on a license which does notinvolve a major change (i.e., a changethat would be classified as a majoramendment as defined by § 21.23)without obtaining prior Commissionapproval by filing a completed FCCForm 494, or for the MultipointDistribution Service licensees, by filingthe MDS long-form application.


5. Section 21.902 is amended byrevising paragraph (g)(1) to read asfollows:

§ 21.902 Frequency interference.

* * * * *(g)(1) All interference studies

prepared pursuant to paragraph (c) ofthis section must be served on alllicensees, conditional licensees, andapplicants for the stations required to bestudied by this section. This servicemust include a copy of the FCCapplication and occur on or before thedate the application is filed with theCommission.* * * * *

6. Section 21.904 is amended byredesignating paragraph (c)(2) asparagraph (c)(3) and adding newparagraph (c)(2) to read as follows:

§ 21.904 Transmitter power.

* * * * *(c) * * *(2) The interfered-with stations may

increase it own power consistent withthe rules; and* * * * *

7. Section 21.924 is amended byrevising paragraph (c) to read as follows:

§ 21.924 Service areas.

* * * * *(c) The area within the boundaries of

a BTA to which a BTA authorizationholder may provide MultipointDistribution Service excludes theprotected service areas of anyincumbent MDS stations and previouslyproposed and authorized ITFS facilities,including registered receive sites.

8. Section 21.925(a)(2) is revised toread as follows:

§ 21.925 Applications for BTAauthorizations and MDS station licenses.

(a) * * *(2) For purposes of conducting

competitive bidding procedures, short-form applications are considered to bemutually exclusive with each other ifthey were filed for, and specified, thesame BTA service area.* * * * *

9. Section 21.929 is amended bydesignating the undesignated paragraphas paragraph (b), and adding a newparagraph (a) to read as follows:

§ 21.929 Authorization period for stationlicenses.

(a)(1) A BTA authorization will begranted for a term of ten years,terminating ten years from the date ofthe Commission declared biddingclosed in the MDS auction.

(2) A BTA authorization shallautomatically terminate without further

notice to the licensee upon expiration ofthe ten-year license term unless priorthereto an application for renewal ofsuch license has been filed with theCommission.* * * * *

10. Section 21.933 is revised to readas follows:

§ 21.933 Protected service areas.(a) The stations licensed to the holder

of a BTA authorization shall have aprotected service area that iscoterminous with the boundaries of thatBTA, subject to the exclusion of the56.33 km (35 mile) protected servicearea of incumbent MDS stations and ofpreviously proposed and authorizedITFS facilities within that BTA, even ifthese protected service areas extend intoadjacent BTAs. The protected servicearea also includes registered receivesites.

(b) The stations licensed to the holderof a PSA authorization shall have aprotected service area that iscoterminous with the boundaries of thecounties or other geopoliticalsubdivisions comprising the PSA,subject to the exclusion of the 56.33 km(35 mile) protected service area ofincumbent MDS stations and ofpreviously proposed and authorizedITFS facilities within that PSA, even ifthese protected service areas extend intoadjacent BTAs. The protected servicearea also includes registered receivesites.

11. Section 21.938 is amended byredesignating paragraphs (c) through (g)as (d) through (h) respectively, revisingnewly redesignated paragraphs (d) and(f), and adding new paragraph (c), toread as follows:

§ 21.938 BTA and PSA technical andinterference provisions.

* * * * *(c)(1) ITFS applicants may locate a

new station in an unused portion of aBTA or PSA where interference to apreviously-proposed or authorized MDSstation of a BTA or PSA authorizationholder would not be predicted.

(2) With respect to ITFS applicationsonly and for purposes of determiningthe existence of harmful electromagneticinterference as caused to MDS stationslicensed to BTA or PSA authorizationholders by subsequently proposed ITFSstations within that BTA, MDS stationslicensed to BTA and PSA authorizationholders and will have a protectedservice area of 56.33 km (35 miles),centered on the antenna site of the MDSstations.

(3) The 56.33 km (35 mile) protectedservice area afforded to a previously-proposed or authorized MDS station of

a BTA or PSA authorization holder withrespect to a subsequently proposed ITFSstation is entitled to the interferenceprotection standards of § 21.902.

(4) An ITFS station authorized beforeSeptember 15, 1995 may be modified,provided the power flux density of thatstation does not exceed ¥73 dBw/m2 atlocations along the 56.33 km (35 mile)circle centered on the then-existingtransmitting antenna site or service areaof collocated incumbent MDS station, asapplicable.

(d) Unless the affected parties haveexecuted a written interferenceagreement in accordance with § 21.937,it shall be the responsibility of a BTAor PSA authorization holder to correct atits expense any condition of harmfulelectromagnetic interference caused toauthorized MDS service at locationswithin other BTAs or PSAs or withinthe 56.33 km (35 mile) protected serviceareas of authorized or previouslyproposed ITFS and MDS stations(incumbents), or at authorized orpreviously proposed ITFS receive sites.* * * * *

(f) The calculated free space powerflux density from an MDS station, otherthan an incumbent MDS station, maynot exceed ¥73 dBW/m2 at locationson BTA or PSA boundaries for whichthere is an unobstructed signal pathfrom the transmitting antenna to theboundary, unless the applicant hasobtained the written consent of theauthorization holder for the adjoiningBTA or PSA.* * * * *

12. Section 21.960 is amended byrevising paragraphs (b)(5)(i) and (d)(1)(i)to read as follows:

§ 21.960 Designated entity provisions forMDS.* * * * *

(b) * * *(5) * * *(i) If an eligible BTA authorization

holder that utilizes installmentfinancing under this paragraph seeks toassign or transfer control of its BTAauthorization to an entity not meetingthe eligibility standards for installmentpayments, the holder must make fullpayment of the remaining unpaidprincipal and any unpaid interestaccrued through the date of assignmentor transfer as a condition of approval. Ifan eligible BTA authorization holderthat utilizes installment financing underthis subsection seeks to partition,pursuant to § 21.931, a portion of itsBTA containing one-third or more of thepopulation of the area within its controlin the licensed BTA to an entity notmeeting the eligibility standards forinstallment payments, the holder must


make full payment of the remainingunpaid principal and any unpaidinterest accrued through the date ofpartition as a condition of approval.* * * * *

(d) * * *(1) * * *(i) If a BTA authorization holder that

utilizes a bidding credit under thisparagraph seeks to assign or transfercontrol of its BTA authorization to anentity not meeting the eligibilitystandards for bidding credits, theauthorization holder must reimburse thegovernment for the amount of thebidding credit, plus interest at the rateimposed for installment financing at thetime the authorization was awarded,before assignment or transfer will bepermitted. If an eligible BTAauthorization holder that utilizes abidding credit under this paragraphseeks to partition, pursuant to § 21.931,a portion of its BTA containing one-third or more of the population of thearea within its control in the licensedBTA to an entity not meeting theeligibility standards for bidding credits,the authorization holder must reimbursethe government for the amount of thebidding credit, plus interest at the rateimposed for installment financing at thetime the authorization was awarded,before the partitioning will bepermitted. The amount of the requiredreimbursement will be reduced overtime. An assignment, transfer orpartition in the first two years afterissuance of the BTA authorization willresult in a reimbursement of onehundred (100) percent of the value ofthe bidding credit; during year three, ofseventy-five (75) percent of the biddingcredit; in year four, of fifty (50) percent;in year five, twenty-five (25) percent;and thereafter, no reimbursement.* * * * *

13. Section 21.961 is amended byrevising paragraph (b)(2) introductorytext to read as follows:

§ 21.961 Definitions applicable todesignated entity provisions.* * * * *

(b) * * *(2) Aggregation of gross revenues

* * * * *

PART 74—EXPERIMENTAL,AUXILIARY, AND SPECIALBROADCAST AND OTHER PROGRAMDISTRIBUTIONAL SERVICES


Authority: Secs. 4, 303, 48 Stat. 1066, asamended; 47 U.S.C. 154, 303, 554.

2. Section 74.903 is amended byrevising paragraph (b)(5) and by adding

a sentence in paragraph (d) between thefirst and second sentence to read asfollows:

§ 74.903 Interference.

* * * * *(b) * * *(5) An analysis of the potential for

harmful interference within theprotected service area, as defined inparagraph (d) of this section, of anyauthorized or previously proposedstation(s) described in paragraph (d) ofthis section.* * * * *

(d) * * * Alternatively, an applicant,permittee, or licensee may select a 56.33km (35 mile) circular protected areacentered at the geographic latitude andlongitude of the transmitting antennasite. * * ** * * * *[FR Doc. 95–28118 Filed 11–14–95; 8:45 am]BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–116; RM–8507, RM–8567]

Radio Broadcasting Services;Jefferson City, Cumberland Gap,Elizabethton, TN, and Jonesville, VA

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: The Commission, at therequest of Holston Valley BroadcastingCorporation (RM–8567), allots Channel256A to Jonesville, Virginia. Channel256A can be allotted to Jonesville incompliance with the Commission’sminimum distance separationrequirements with a site restriction of7.8 kilometers (4.9 miles) southwest.The coordinates for Channel 256A atJonesville are 36–38–08 and 83–10–04.The proposal filed by Eaton P. Govan,III and Berton B. Cagle, Jr. (RM–8507),see 59 FR 51540, October 12, 1994,requesting the substitution of Channel256A for Channel 257A at Jefferson City,the reallotment of Channel 256A fromJefferson City to Cumberland Gap,Tennessee; and the substitution ofChannel 257C2 for Channel 257C3 atElizabethton, Tennessee, is denied.With this action, this proceeding isterminated.DATES: Effective December 26, 1995. Thewindow period for filing applicationswill open on December 26, 1995, andclose on January 26, 1996.FOR FURTHER INFORMATION CONTACT: PamBlumenthal, Mass Media Bureau, (202)418–2180.

SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Reportand Order, MM Docket No. 94–116,adopted October 26, 1995, and releasedNovember 8, 1995. The full text of thisCommission decision is available forinspection and copying during normalbusiness hours in the FCC ReferenceCenter (Room 239), 1919 M Street, NW.,Washington, DC. The complete text ofthis decision may also be purchasedfrom the Commission’s copy contractor,ITS, Inc., (202) 857–3800, 2100 MStreet, NW., Suite 140, Washington, DC20037.


Radio broadcasting.

Part 73 of title 47 of the Code ofFederal Regulations is amended asfollows:

PART 73—[AMENDED]


Authority: Secs. 303, 48 Stat., as amended,1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FMAllotments under Virginia, is amendedby adding Jonesville, Channel 256A.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 95–28119 Filed 11–14–95; 8:45 am]BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–114; RM–8666]

Radio Broadcasting Services; Raton,NM

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: The Commission, at therequest of N’Joy Broadcasting, allotsChannel 243A to Raton, NM, as thecommunity’s second local FM service.See 60 FR 39142, August 1, 1995.Channel 243A can be allotted to Ratonin compliance with the Commission’sminimum distance separationrequirements without the imposition ofa site restriction, at coordinates 36–54–00 North Latitude; 104–24–00 WestLongitude. With this action, thisproceeding is terminated.DATES: Effective December 26, 1995. Thewindow period for filing applicationswill open on December 26, 1995, andclose on January 26, 1996.


FOR FURTHER INFORMATION CONTACT:Leslie K. Shapiro, Mass Media Bureau,(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Reportand Order, MM Docket No. 95–114,adopted October 31, 1995, and releasedNovember 8, 1995. The full text of thisCommission decision is available forinspection and copying during normalbusiness hours in the FCC ReferenceCenter (Room 239), 1919 M Street, NW.,Washington, DC. The complete text ofthis decision may also be purchased

from the Commission’s copy contractor,International Transcription Service,Inc., (202) 857–3800, 2100 M Street,NW., Suite 140, Washington, DC 20037.

List of Subjects in 47 CFR Part 73Radio broadcasting.Part 73 of title 47 of the Code of

Federal Regulations is amended asfollows:

PART 73—[AMENDED]


Authority: Secs. 303, 48 Stat., as amended,1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FMAllotments under New Mexico, isamended by adding Channel 243A atRaton.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 95–28120 Filed 11–14–95; 8:45 am]BILLING CODE 6712–01–F

This section of the FEDERAL REGISTERcontains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.

Proposed Rules Federal Register

57370

Vol. 60, No. 220


1 On February 4, 1992, the Commissionpublished notice in the Federal Register, at 57 FR4166, that it regarded the NRC’s fire protectionrules, set forth in appendix R to 10 CFR part 50,as a candidate for being made less prescriptive,with some requirements relaxed or eliminated onthe basis of cost-benefit considerations. Later in thesame year, the Commission announced its intentionto begin rulemaking to develop a performance-based fire protection regulation, that would rely inpart on risk analyses. 57 FR 55156 (November 24,1992). Subsequently, the NRC staff published ageneral framework for developing performance-based, ‘‘risk-informed’’ regulations. 58 FR 6196(January 27, 1993). At a public workshop held inApril, 1993, the NRC staff invited discussions onthis general regulatory framework and on specificproposals for changing the appendix R fireprotection rules. (The proceedings of the workshop,including comments from members of the publicand the regulated industry, were documented inNUREG/CP–0129, issued in September, 1993.) Atthe workshop, industry representatives presentedtheir plans for submitting a rulemaking petition tothe NRC. (Such a petition was in fact filed onFebruary 2, 1995.) On May 18, 1994, theCommission approved the policies and frameworkproposed by the NRC staff in SECY–94–090 forrevising its fire protection regulations, including the

initiation of a staff study to support the effort. TheNRC staff published the petition on June 6, 1994,at 60 FR 29784, received public comment on it, andis currently reviewing it within the context of thepolicies and framework approved by theCommission.

2 The RuleNet initiative does not supersede theNEI petition, which will continue to be consideredon its own merits.

3 Written comments will be scanned and placedon the electronic network for all participants toread. Clearly, therefore, those who choose to takepart through the electronic network will be in abetter position to respond to the views of otherparticipants.

NUCLEAR REGULATORYCOMMISSION

10 CFR Part 50

RuleNet Communication Program; FireProtection Regulations

AGENCY: Nuclear RegulatoryCommission.

ACTION: RuleNet program: notice ofavailability.

SUMMARY: The Nuclear RegulatoryCommission is announcing theavailability of a new pilot computerbased program called ‘‘RuleNet’’ tomaximize communication between theNRC and the public on rulemakingissues. The RuleNet pilot will be usedinitially to gather information on thesafety issue of fire protection at nuclearpower plants. RuleNet will allowparticipants in an NRC rulemakingproceeding to communicate both withthe NRC and among themselves, with aview toward defining issues,eliminating misunderstanding, andfinding areas of common ground. Inaddition to providing the NRC and thepublic with valuable information,RuleNet will test the usefulness ofcomputer-based communications as atool in the rulemaking process.

DATES: The public can access theRuleNet world wide site beginningNovember 20, 1995. Participantregistration will be conducted fromNovember 20, 1995 through January 2,1996. RuleNet pilot will run fromJanuary 2, 1996 through February 9,1996.

ADDRESSES: The world wide web sitewill be linked to NRC’s home page:http://www.nrc.gov or it may beaccessed directly by loading thefollowing URL:http:/nssc.llnl.gov/RuleNet.

FOR FURTHER INFORMATION CONTACT:Francis Cameron, U.S. NuclearRegulatory Commission, Washington,DC 20555–0001, telephone (301) 415–1642.


BackgroundThe Nuclear Regulatory Commission

is undertaking a project of an entirelynovel kind, designed to use state-of-the-art computer technology to maximizecommunication between the NRC andthe public on an important nuclearpower plant safety issue, fire protection.This project, called RuleNet, is intendedto serve not only to provide the NRCand the public with valuableinformation, but also to test theusefulness of computer-basedcommunications as a tool in therulemaking process.

The concept underlying RuleNet isthat computer-based communicationstechnology makes it possible forparticipants in an NRC proceeding tocommunicate both with the NRC andamong themselves, with a view towarddefining issues, eliminatingmisunderstanding, and finding areas ofcommon ground.

The issue on which RuleNet will begathering information is one that hasbeen of concern to the Commission forsome time. The Commission’s overallapproach to safety issues in recent yearshas been to move in the direction ofperformance-based regulations andaway from prescriptive regulations. TheCommission has already determinedthat fire protection is one area in whicha shift to performance-based regulationis appropriate.1 Thus, although a

petition was filed in February 1995, bythe Nuclear Energy Institute, asking theCommission to add a performance-basedalternative to the existing prescriptiveregulations, the Commission would beexamining the issue of performance-based fire protection rules even in theabsence of such a petition.2

The NRC has already innovated in thearea of rulemaking in two significantways: Through the concept of‘‘enhanced participatory rulemaking,’’designed to promote Early publiccomment and interaction on rulemakingissues before a proposed rule isdeveloped; and through electronicbulletin boards, which allow commentson a proposed rule to be submittedelectronically. RuleNet represents a steptoward melding these two approaches:early public comment and interaction,as in the enhanced participatoryrulemaking, together withcommunications technology, developedspecially for this purpose, to permitparticipants to deal with one anotherand with the NRC by computer.(Participants will not be restricted tocommunication by computer, however;written comments may be submitted inplace of or in addition to electroniccommunications.3)

A comparison with traditionalrulemaking, as conceived in theAdministrative Procedure Act (APA),may help make clear why this freshapproach to the rulemaking process hasthe potential to make the participationof all interested parties—governmentalunits, industry, and members of thepublic—significantly more effective andinfluential.

In the classic model of APArulemaking, the agency publishes eitheran advance notice of proposedrulemaking or, eliminating that step,issues a proposed rule. In the formercase, the process is generally extremelytime-consuming; in the latter, there is a

57371Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Proposed Rules

risk that the agency may be too weddedto the proposed approach to be able torethink the issue from the ground up ifa wholly new proposal is submitted bya commenter. In either case, the hub-and-spoke structure of the process, inwhich all communication is directed tothe agency, does not tend to encourageinterested parties to work amongthemselves toward common ground.

The NRC has already made strides toimprove on the traditional rulemakingwith innovative procedures, such asworkshops in which differentparticipants interact with agency staffand with each other. RuleNet representsa further development along those lines.Because participants can take part fromhome, workplace, or public library, thisstep opens up the process to personswho might otherwise have been unableto take part. The NRC HeadquartersPublic Document Room will also have acomputer terminal from which access toRuleNet will be available.

The capacity of computer technologyto improve the current rulemakingprocess can be readily illustrated. In atraditional rulemaking, if a particularmatter raises questions in the minds ofparticipants, they have no recourseother than to point out the issue in theirwritten comments. If the rulemaking ison a proposed rule, the commenter maynot learn the answer to the questionuntil the final rule is issued. Thecomputer, however, allows the agencystaff to analyze the comments andquestions received, ascertain whichquestions arise most often, and thenpost electronically a list of ‘‘FrequentlyAsked Questions’’ and their answers. Inthis way, doubtful points can beclarified before, not after, comments arefiled.

The dialogue through the RuleNetcomputer network is not intended tosupplant formal comments (submittedin writing or electronically). Rather,RuleNet is intended to provideadditional opportunities for commentersto provide input to agency personnelbefore the agency has developed text onwhich formal written comments arerequired to be filed. This can meanbetter informed, focused, and influentialcomments. Likewise, the ability ofcommenters to interact amongthemselves before comments are filedmeans that misunderstandings andmiscommunications can be corrected ina timely way. However, because theelectronic communications willcontribute to the information base usedby the agency in the rulemakingprocess, a copy of thesecommunications will be placed in therulemaking record.

For facilitating exchanges of views, acentral element in the rulemaking is the‘‘caucus,’’ designed to allow discussionsamong subgroups of participants. Thesecaucuses may be of two kinds. First,participants of similar viewpoints canjoin together on an issue or issues tomaximize their effectiveness. Second,caucuses can be used to allow a specificissue to be placed before all participantsfor highly focused consideration. In thisway, a particular topic can beconsidered in detail, the strengths andweaknesses of conflicting positions canbe analyzed, and the possibilities of acompromise resolution can be explored.Caucusing may take place eitherseparate from the rulemaking, by theprivate interaction of participants, orthrough the rulemaking’s electroniccommunications, and either with orwithout facilitation provided by acontractor.

Such assistance will come fromfacilitators and/or moderators suppliedthrough the NRC contract withLawrence Livermore NationalLaboratory for technical support on thedevelopment of RuleNet. Suchfacilitators can serve a variety offunctions: Helping to categorizecomments on fire protection issues;helping to maximize the usefulness ofthe electronic communications process;and providing assistance to facilitate on-line and off-line caucuses, includinghelping participants to articulate andrefine their positions on issues. Thefacilitators/moderators themselves willhave no stake in the outcome, however;independent of any of the parties, theirrole will simply be to contribute to thesmooth and productive functioning ofthe process.

Computer-based technology can nothope to substitute altogether for theactual reading of comments submittedby participants (except where thecomputer identifies a comment asidentical to one previously filed andanalyzed). Computer technology can,however, facilitate greatly the process ofanalyzing and tabulating comments. Forexample, persons participatingelectronically may be asked to indicateby clicking screen icons whether theyagree, disagree, agree withqualifications, etc., with the propositionon which they are commenting. In thisway, rather than the agencycharacterizing the positions of theparticipants, the participants can do sothemselves. In addition, computertechnology, searching for specific wordsand phrases, can make it easier to findwhere if at all a participant isaddressing a particular issue in his orher comment.

The electronic forum outlined herepoints to a potential greaterdemocratization of the rulemakingprocess. The individual person withexpertise and good ideas to offer has asmuch access to the forum as anygovernmental unit, corporation, or lawfirm, and if his or her thinking is sound,may be just as influential or more so.With discussions held via computer,rather than in a meeting room in theWashington, D.C. area, and with accessto the forum already available inmillions of homes nationwide (and atterminals in public libraries, for thosewho do not already have accesselsewhere), there is the potential to levelthe playing field to an unprecedenteddegree.

Phases of the RuleNet Process

As a preliminary step, necessary toallow meaningful participation in theRuleNet process, the NRC is makingrelevant information on fire protectionavailable to all who can use it: that is,both potential participants and thosewho want only to observe the process.Toward this end, the agency has loadedsome basic fire protection documentsonto the network in searchable full textform. Specific discussion topics will beloaded at a later point.

The first phase of the process itselfwill begin with a ‘‘virtual kickoff’’ inwhich all participants will be able tocommunicate in a simultaneousdiscussion via computer. This will befollowed by a period of 5 days for anycaucuses; for the posting of questionsand requests for clarification, directedeither to the NRC or to otherparticipants, and for the posting ofanswers to those questions; and for theidentification of any further issues to beaddressed, or challenges to be met, inthe rulemaking.

In the second phase of the process,which will comprise approximately 10days, the NRC will solicit proposedsolutions to the challenges and issuesidentified in the first phase. This willalso be the opportunity for participantsto respond to comments and suggestionsmade during the first phase.

After the second phase, the NRCtechnical staff, acting with theassistance of staff supplied by thecontractor, will consolidate andsynthesize the challenges and theproposed solutions, using them todevelop more concrete proposals, whichwill be posted electronically. Theparticipants will then respond to theproposals just identified. As before,there will be the opportunity forparticipants to caucus either within theelectronic rulemaking or outside of it.

57372 Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Proposed Rules

We do not need to decide at this timeexactly how many rounds of commentthere will be. One of the advantages ofRuleNet’s interactive approach is thatthe participants can offer their views asto procedures as well as substance.Accordingly, the agency plans to take aflexible approach, shaping itsprocedures as needed to meet the goalsof the process.

Terms of Participation

The electronic network will beavailable both to those who want toparticipate directly in RuleNet and tothose who want only to observe theprocess. Participants must identifythemselves (just as participants in awritten comment process identifythemselves). The NRC fully expects thatall participants will recognize thatcertain norms of civility will beobserved. (In the event that aparticipant’s conduct was such as towarrant his or her severance from theelectronic dialogue, the option ofsubmitting paper comments wouldremain, but it seems unlikely that thisissue would ever arise.)

Conclusion

The RuleNet project is one of anumber of high performance computinginitiatives advanced by the NRC. It hasno costs over and above those alreadybudgeted for these initiatives generally.Before the type of electronic exchangebeing demonstrated in the RuleNetproject became a part of the agency’susual process for the development ofrules, it would have to be shown to becost-effective.

It is worth emphasizing that inproceeding in this new direction, usingprocedures that have not previouslybeen tried by this or any other federalagency, the NRC is focusing on potentialbenefits. Whether those benefits will infact be realized depends in large part onthe willingness of the affected public—which includes governmental units,industry, organizations, andindividuals—to take part in the processand attempt to make it work. RuleNetcan help establish whether computercommunications technology can make asignificant contribution to theinteraction of citizens and a governmentagency regulating in a technical field.

Dated at Rockville, Maryland, this 8th dayof November, 1995.

For the Nuclear Regulatory Commission.John C. Hoyle,Secretary of the Commission.[FR Doc. 95–28152 Filed 11–14–95; 8:45 am]BILLING CODE 7590–1–P


29 CFR Part 2607

RIN 1212–63

Disclosure and Amendment ofRecords Under the Privacy Act

AGENCY: Pension Benefit GuarantyCorporation.ACTION: Proposed rule.

SUMMARY: The Pension Benefit GuarantyCorporation is proposing to amend itsregulations implementing the PrivacyAct of 1974, as amended, to describemore accurately the exemptionapplicable to certain records maintainedby the PBGC in view of changes toPBGC’s Privacy Act systems of records.The PBGC also is proposing anamendment to increase its standardcopying fee in view of increased costs.DATES: Comments must be received onor before December 15, 1995.ADDRESSES: Comments may be mailed tothe Office of the General Counsel,Pension Benefit Guaranty Corporation,1200 K Street, NW., Washington, DC20005–4026, or hand-delivered to Suite340 at the above address between 9:00a.m. and 5:00 p.m., Monday throughFriday. Comments will be available forinspection at the PBGC’sCommunications and Public AffairsDepartment, Suite 240, at the aboveaddress between 9:00 a.m. and 4:00p.m., Monday through Friday.FOR FURTHER INFORMATION CONTACT: D.Bruce Campbell, Attorney, Office of theGeneral Counsel, Pension BenefitGuaranty Corporation, 1200 K Street,NW., Washington, DC 20005–4026, 202–326–4123 (202–326–4179 for TTY andTDD). (These are not toll-free numbers.)SUPPLEMENTARY INFORMATION: ThePBGC’s rules implementing the PrivacyAct of 1974, as amended (‘‘Privacy Act’’)(5 U.S.C. 552a) (1) establish procedureswhereby an individual can determinewhether the PBGC maintains any systemof records that contains a recordpertaining to him or her, access thatrecord, and seek to amend that record(29 CFR §§ 2607.3–2607.8), (2) establishfees for making copies of records (29CFR § 2607.9), and (3) exempt a systemof records from certain Privacy Actprovisions (29 CFR § 2607.10).

The PBGC is proposing to amend§ 2607.9(a) by increasing, from $0.10 to$0.15 per page, the fee it charges forrecord copies furnished to individuals.The PBGC will maintain the currentexception for record copies of fewerthan 10 pages by increasing from $1.00to $1.50 the threshold amount under

which the agency does not assess a fee.The proposed fee, which is the same asthe PBGC’s standard fee for copiesfurnished under the Freedom ofInformation Act (see 29 CFR2603.52(b)(2)), will reflect current costsmore accurately. The current fee wasestablished in 1975.

The PBGC is dividing an existingPrivacy Act system of records into twosystems of records, PBGC–5 (retitledPersonnel Files—PBGC) and PBGC–12(Personnel Security InvestigationRecords—PBGC). (The PBGC’s notice ofchanges to its system of records,including proposed new and revisedroutine uses of records, appearselsewhere in today’s Federal Register.)The PBGC proposes to amend § 2607.10to exempt PBGC–12 from certainprovisions of the Privacy Act becausethe records to which the exemptionpertains will be maintained in PBGC–12instead of PBGC–5.

E.O. 12866 and the RegulatoryFlexibility Act

The PBGC has determined that thisaction is not a ‘‘significant regulatoryaction’’ under the criteria set forth inExecutive Order 12866.

Based on fees assessed in the past, thePBGC estimates that the copying feeincrease under the proposed rule willraise the total amount of fees assessedannually by less than $1,000. In view ofthe small increase in anticipated costs,the PBGC certifies that the RegulatoryFlexibility Act (5 U.S.C. 601 et seq.),does not apply because the proposedrule, if adopted, will not have asignificant economic impact on asubstantial number of small entities.


Privacy.For the reasons set forth above, the

PBGC is proposing to amend 29 CFRPart 2607 as follows:

PART 2607—DISCLOSURE ANDAMENDMENT OF RECORDS UNDERTHE PRIVACY ACT


Authority: 5 U.S.C. 552a.

§ 2607.1 [Amended]

2. Paragraph (a) of § 2607.1 isamended by removing ‘‘which’’ andadding, in its place, ‘‘that’’ and byadding ‘‘or her’’ after ‘‘his’’ in the firstsentence.

§ 2607.2 [Amended]3. In § 2607.2, the definition of record

is amended by adding ‘‘or her’’ after‘‘his’’ both times it appears.


§§ 2607.3–2607.9 [Amended]

4. Sections 2607.3(a) and (c),2607.4(a) and (c), 2607.5(a), 2607.6(c),2607.7(b) and (c), and 2607.8(b) and (c)and the introductory text of § 2607.9 areamended by adding ‘‘or her’’ after ‘‘his’’and after ‘‘him’’ each time either ‘‘his’’or ‘‘him’’ appears.

5. The second sentence of § 2607.3(b),the second sentence of § 2607.4(b), andthe third sentence of § 2607.6(b) areamended by removing ‘‘he’’ and adding,in its place, ‘‘the disclosure officer’’.

6. Paragraph (d) of § 2607.4 isamended by adding ‘‘or she’’ after ‘‘he’’.

7. Paragraph (b) of § 2607.5 isamended by removing ‘‘his choosing’’and adding, in its place, ‘‘his or herchoosing’’; by removing ‘‘he shall’’ andadding, in its place, ‘‘the requestorshall’’; by removing ‘‘he wishes’’ andadding, in its place, ‘‘he or she wishes’’;by removing ‘‘accompany him’’ andadding, in its place ‘‘accompany him orher’’; by removing ‘‘his record’’ andadding, in its place, ‘‘the record’’; andby removing ‘‘to him’’ and adding, in itsplace, ‘‘to him or her’’.

8. Paragraph (d) of § 2607.8 isamended by removing ‘‘If an individualrequests’’ and adding, in its place, ‘‘Torequest’’; by removing ‘‘review, he’’ andadding, in its place, ‘‘review, anindividual’’; and by removing ‘‘Counseland he’’ and adding, in its place,‘‘Counsel, who’’.

9. Paragraph (a) of § 2607.9 isamended by removing ‘‘$0.10’’ andadding, in its place, ‘‘$0.15’’ in the firstsentence and by removing ‘‘$1.00’’ andadding, in its place, ‘‘$1.50’’ in thesecond sentence.

10. In § 2607.10, the first paragraph isamended by adding ‘‘SecurityInvestigation’’ after ‘‘Personnel’’ and byremoving ‘‘that the identity of thesource would be held in confidence’’both times it appears and adding, in itsplace, ‘‘of confidentiality’’; and thesecond paragraph is amended byremoving ‘‘for employment’’ andadding, in its place, ‘‘and fitness forPBGC employment, access toinformation, and security clearances’’and by adding ‘‘the’’ before ‘‘PBGC’’.

Issued in Washington, DC this 8th day ofNovember, 1995.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.[FR Doc. 95–28210 Filed 11–14–95; 8:45 am]BILLING CODE 7708–01–P


40 CFR Part 60

[AD–FRL–5326–9]

Standards of Performance for NewStationary Sources; Small Industrial-Commercial-Institutional SteamGenerating Units

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Proposed rule.

SUMMARY: Today’s proposal wouldrevise the applicability of the sulfurdioxide (SO2) and particulate matter(PM) emission control requirements ofthe standards of performance for new,modified, and reconstructed smallindustrial-commercial-institutionalsteam generating units (40 CFR part 60,subpart Dc; September 12, 1990, 55 FR37683) by excluding certain small steamgenerating units—when conductingcombustion research—from the categoryof small steam generating units that areregulated as new sources (see Clean AirAct section 111(b)(2)). Small steamgenerating units are units with amaximum design heat input capacity of29 megawatts (MW) (100 million Btuper hour (Btu/hr)), or less, but greaterthan or equal to 2.9 MW (10 millionBtu/hr). The proposed revisions wouldencourage the development of airpollution control technology that willultimately result in reduced airemissions from all steam generatingunits.DATES: Comments. Comments must bereceived on or before January 2, 1996.

Public Hearing. If anyone requests tospeak at a public hearing by December15, 1995, a public hearing will be heldon December 22, 1995, beginning at10:00 a.m. Persons interested inattending the hearing should call Ms.Donna Collins at (919) 541–5578 toverify that a hearing will be held.Assistance will be available for personswith hearing impairments.

Request to Speak at Hearing. Personswishing to present oral testimony mustrequest to speak at the public hearing byDecember 15, 1995.ADDRESSES: Comments. Commentsshould be submitted in duplicate to:U.S. Environmental Protection Agency,The Air and Radiation Docket &Information Center, 401 M Street, S.W.,Room 1500, Mail Code 6102,Washington, DC 20460. AttentionDocket Number A–86–02.

Public Hearing. If anyone requests apublic hearing, it will be held at theEPA’s Office of Administration

Auditorium, Research Triangle Park,North Carolina. Persons interested inattending the hearing or wishing topresent oral testimony, should notifyMs. Donna Collins, Emission StandardsDivision (MD–13), U.S. EnvironmentalProtection Agency, Research TrianglePark, North Carolina 27711, telephone(919) 541–5578.

Docket. Docket Number A–86–02,containing information used indeveloping the original standards, isavailable for public inspection andcopying between 8:00 a.m. and 4:00p.m., Monday through Friday, at theEPA Air and Radiation Docket andInformation Center, Room 1500, FirstFloor, Waterside Mall, 401 M Street,S.W., Washington, DC 20460. Areasonable fee may be charged forcopying.FOR FURTHER INFORMATION CONTACT: Mr.Rick Copland (919) 541–5265 or Mr.Fred Porter (919) 541–5251, EmissionStandards Division (MD–13), U.S.Environmental Protection Agency,Research Triangle Park, North Carolina27711.SUPPLEMENTARY INFORMATION: Therevisions to the applicability of the SO2

and PM emission control requirementsof 40 CFR Part 60, Subpart Dc are beingproposed pursuant to a settlementagreement that would resolve litigationin the case of Babcock and WilcoxCompany v. U.S. EPA, No. 90–1509(D.C.Cir.). Notice of the proposedsettlement was published in the FederalRegister on April 4, 1994 (59 FR 15728)in accordance with section 113(g) of theClean Air Act. There was only onecomment and it supported the proposedsettlement.

Final adoption of today’s proposal,which solicits comments on theappropriateness of the proposedrevisions to the applicability of the SO2and PM emission control requirementsof 40 CFR Part 60, Subpart Dc, iscontingent upon EPA’s review of anycomments submitted in response to thisnotice. As discussed below, today’sproposal is intended to revise theapplicability requirements primarily fora small steam generating unit operatedby the Babcock and Wilcox Company.This steam generating unit isoccasionally used for combustionresearch to evaluate the performance ofand to develop unproven combustiontechnologies. The applicabilityrequirements would be revised,however, to apply to any small steamgenerating unit used for researchpurposes which operates in a mannersimilar to the unit operated by theBabcock and Wilcox Company. Theremay be other small steam generating


units also used to evaluate theperformance of and to developunproven combustion technologies andEPA solicits comments on both themerits and means of extending theserevised applicability requirements tothese units.

The Babcock and Wilcox Companychallenged the New Source PerformanceStandards’ emission controlrequirements for small-scale,intermittently-operated steamgenerating research units, because suchsteam generating units are oftenequipped with experimental, and as yetunproven, air pollution controltechnology that may not consistentlymeet the required standards ofperformance. Babcock & WilcoxCompany, therefore, maintains thatcompliance with the standards ofperformance when conductingcombustion research (that is used toevaluate the performance of and todevelop unproven combustiontechnologies) would create serious startup and shut down problems during testruns and would hinder the purpose ofthe tests of obtaining useful data withinnormal operating ranges. The Babcockand Wilcox Company, Research &Development Division, conductsresearch, development,experimentation, and testing of small-scale burners, boilers, processes, andspecial equipment arrangements incombustion devices for the purpose ofproducing data and informationnecessary to evaluate the performance ofand to develop unproven combustiontechnologies. The data and informationare used by The Babcock and WilcoxCompany, by the EPA, the Departmentof Energy, and others to, among otherthings, ascertain the technologicalachievability of air pollution emissioncontrol standards.

EPA initially rejected The Babcockand Wilcox Company’s request—in itscomments to the June 9, 1989 proposedstandards of performance (54 FR24792)—for an exemption for smallsteam generating units conductingcombustion research, because EPA’sresearch showed that the impacts of thepromulgated standards, including theallowable emissions, potential emissionreductions and compliance costs, werereasonable for intermittently orinfrequently operated steam generatingunits, irrespective of whether such unitswere used for combustion research.

Nevertheless, EPA has agreed torevise the applicability of the SO2 andPM emission control requirements of 40CFR Part 60, Subpart Dc because of thelimited potential impact of combustionresearch on the environment: Babcock &Wilcox Company, the petitioner which

requested the revision of theapplicability of the standards ofperformance, operates a single smallsteam generating unit for researchpurposes, which is used for combustionresearch less than five percent of itsoperating time. Significantly, Babcockand Wilcox Company also does not usethe energy that the steam generatingunit produces during periods ofcombustion research for any otherpurpose (such as space heating, processheating, electric generation, etc.).Accordingly, in order to minimize thepotential for inappropriate claims ofcombustion research (potentiallyundermining EPA’s ability to enforcethe standards of performance for smallsteam generating units), EPA hasconditioned today’s proposed exclusionof certain limited combustion researchactivities from the standards ofperformance on the requirement that asteam generating unit not use the energyproduced during combustion researchfor other purposes. No other members ofthe regulated community havecommented on or challenged—at thetime of the June 9, 1989 proposed ruleor the September 12, 1990 final rule—the applicability of the standards ofperformance to combustion research(that is used to evaluate the performanceof and to develop unproven combustiontechnologies) that may also use theenergy produced for other purposes.

Economic and Regulatory ImpactsToday’s proposal will impose no

additional costs on the regulatedcommunity or the national economy. Itwould reduce the costs of compliancefor some small steam generating unitswhen conducting combustion researchby not requiring them to comply withthe standards of performance for new,modified, and reconstructed smallindustrial-commercial-institutionalsteam generating units. Accordingly,EPA has determined that today’sproposal: (1) Does not constitute a‘‘major rule’’ under Executive Order12291 (the proposal would not result inany increase in costs or prices andwould not disrupt market competition),(2) does not constitute a substantialrevision that would require an economicimpact assessment pursuant to section317 of the Clean Air Act, (3) does notconstitute a Federal mandate underTitle II of the Unfunded MandatesReform Act of 1995 (UMRA), PublicLaw 104–4, for State, local, or tribalgovernments or the private sector, (4)does not contain regulatoryrequirements that might significantly oruniquely affect small governmentsunder Title II of UMRA, and (5) wouldnot affect the public reporting burden

for the collection of informationrequired, in compliance with thePaperwork Reduction Act of 1980,under the new source performancestandards for small steam generatingunits.

Pursuant to 5 U.S.C. 605(b), theAdministrator certifies that theserevisions would not have a significantimpact on a substantial number of smallentities. Not only would today’sproposal reduce the regulatory burdenon the small steam generating unitssource category, but it has previouslybeen determined that even withouttoday’s proposed revisions thestandards would not affect a substantialnumber of small entities (55 FR 37682,September 12, 1990).

List of Subjects in 40 CFR Part 60Environmental protection, Air

pollution control, Intergovernmentalrelations, reporting and recordkeepingrequirements.

Dated October 31, 1995.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, chapter I of the Codeof Federal Regulations is proposed to beamended as set forth below.

PART 60—STANDARDS OFPERFORMANCE FOR NEWSTATIONARY SOURCES


Authority: 42 U.S.C. 7411, 7414, and7601(a).

2. Section 60.40c is amended byrevising paragraph (a) and addingparagraphs (c) and (d) as follows:

§ 60.40c Applicability and delegation ofauthority.

(a) Except as provided in paragraph(d) of this section, the affected facilityto which this subpart applies is eachsteam generating unit for whichconstruction, modification, orreconstruction is commenced after June9, 1989 and that has a maximum designheat input capacity of 29 megawatts(MW) (100 million Btu per hour (Btu/hr)) or less, but greater than or equal to2.9 MW (10 million Btu/hr).* * * * *

(c) Steam generating units which meetthe applicability requirements inparagraph (a) of this section are notsubject to the sulfur dioxide (SO2) orparticulate matter (PM) emission limits,performance testing requirements, ormonitoring requirements under thissubpart (§§ 60.42c, 60.43c, 60.44c,60.45c, 60.46c, or 60.47c) during


periods of combustion research, asdefined in § 60.41c.

(d) Any temporary change to anexisting steam generating unit for thepurpose of conducting combustionresearch is not considered amodification under § 60.14.

3. Section 60.41c is amended byadding the following definition inalphabetical order:

§ 60.41c Definitions.

* * * * *Combustion Research means the

experimental firing of any fuel orcombination of fuels in a steamgenerating unit for the purpose ofconducting research and developmentof more efficient combustion or moreeffective prevention or control of airpollutant emissions from combustion,provided that, during these periods ofresearch and development, the heatgenerated is not used for any purposeother than preheating combustion air foruse by that steam generating unit (i.e.,the heat generated is released to theatmosphere without being used forspace heating, process heating, drivingpumps, preheating combustion air forother units, generating electricity, or anyother purpose).* * * * *[FR Doc. 95–28187 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 180

[PP 2E4037 and 5E4437/P635; FRL–4983–3]

RIN 2070–AC18

1-[[2-(2,4-Dichlorophenyl)-4- Propyl-1,3-Dioxolan-2-yl]Methyl]- 1H-1,2,4-Triazole; Pesticide Tolerances


SUMMARY: EPA proposes to establishtolerances for residues of the fungicide1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2yl]methyl]-1H-1,2,4-triazole(also called propiconazole) and itsmetabolites determined as 2,4-dichlorobenzoic acid and expressed asparent compound in or on the rawagricultural commodities mint tops(leaves and stems) at 0.3 part permillion (ppm) and mushrooms at 0.1ppm. The Interregional Research ProjectNo. 4 (IR–4) submitted petitions underthe Federal Food, Drug and CosmeticAct (FFDCA) requesting that EPAestablish maximum permissible levelsfor residues of propiconazole in or onthe commodities.

DATES: Comments, identified by thedocument control number [PP 2E4037and 5E4437/P635], must be received onor before December 15, 1995.ADDRESSES: By mail, submit writtencomments to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcomments to: Rm. 1132, CM #2, 1921Jefferson Davis Hwy., Arlington, VA22202. Comments and data may also besubmitted to OPP by sending electronicmail (e-mail) to:


submitted as an ASCII file avoiding theuse of special characters and any formof encryption. Comments and data willalso be accepted on disks inWordPerfect 5.1 file format or ASCII fileformat. All comments and data inelectronic form must be identified bydocket numbers [PP 2E4037 and5E4437/P635]. Electronic comments onthis proposed rule may be filed onlineat many Federal Depository Libraries.Additional information on electronicsubmissions can be found in theSUPPLEMENTARY INFORMATION section ofthis document.

Information submitted as a commentconcerning this document may beclaimed confidential by marking anypart or all of that information as‘‘Confidential Business Information.’’CBI should not be submitted through e-mail. Information marked as CBI willnot be disclosed except in accordancewith procedures set forth in 40 CFR part2. A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays.FOR FURTHER INFORMATION CONTACT: Bymail: Hoyt L. Jamerson, RegistrationDivision (7505W), Office of PesticidePrograms, Environmental ProtectionAgency, 401 M St., SW., Washington,DC 20460. Office location and telephonenumber: Sixth Floor, Crystal Station #1,2800 Jefferson Davis Hwy., Arlington,VA 22202, (703)–308–8783; e-mail:[email protected] INFORMATION: TheInterregional Research Project No. 4 (IR–4), New Jersey Agricultural ExperimentStation, P.O. Box 231, RutgersUniversity, New Brunswick, NJ 08903,

has submitted to EPA pesticidepetitions, PP 2E4037 and PP 5E4437, onbehalf of the named AgriculturalExperiment Stations. The petitionsrequest that the Administrator, pursuantto section 408(e) of the Federal Food,Drug, and Cosmetic Act (FFDCA), 21U.S.C. 346a(e), amend 40 CFR 180.434by establishing tolerances for residues of1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2yl]methyl]-1H-1,2,4-triazoleand its metabolites determined as 2,4-dichlorobenzoic acid and expressed asparent compound in or on certain rawagricultural commodities as follows:

1. PP 2E4037. Petition submitted onbehalf of the Agricultural ExperimentStation of Oregon proposing a tolerancefor mint tops (leaves and stems) at 0.3ppm. The petitioner proposed that useof propiconazole on mint be limited tomint production areas west of theCascade Mountains based on thegeographical representation of theresidue data submitted. Additionalresidue data will be required to expandthe area of usage. Persons seekingbroader registration should contact theAgency’s Registration Division at theaddress provided above.

2. PP 5E4437. Petition submitted onbehalf of the Agricultural ExperimentStation of Pennsylvania proposing atolerance for mushrooms at 0.1 ppm.

The scientific data submitted in thepetitions and other relevant materialhave been evaluated. The toxicologicaldata considered in support of theproposed tolerances include:

1. A 1-year feeding study with dogs,which were fed diets containing 0, 5, 50,or 250 ppm, with a no-observed-effectlevel (NOEL) of 50 ppm (equivalent to1.25 mg/kg/day). Mild irritation ofstomach mucosa was observed at the250- ppm dose level.

2. A developmental toxicity studywith rabbits, which were given gavagedoses of 0, 30, 90, or 180 mg/kg/day,with no evidence of maternal ordevelopmental toxicity observed underthe conditions of the study.

3. A second developmental toxicitystudy in rabbits, which were givengavage doses of 0, 100, 250, or 400 mg/kg/day on gestation days 7 through 19,with no developmental toxicityobserved under the conditions of thestudy. The NOEL for maternal toxicityfor this study is established at 100 mg/kg/day based on decreased foodconsumption, weight gain, and anincrease in the number of resorptions atthe higher dose levels.

4. A developmental toxicity studywith rats, which were given gavagedoses of 0, 30, 100, or 300 mg/kg/day,with no developmental toxicityobserved under the conditions of the


study. The NOEL for maternal toxicityfor this study is established at 100 mg/kg/day based on decreased body weightgain and food consumption in rats fromthe high-dose group. The NOEL forfetotoxicity (ossification retardation) isestablished at 30 mg/kg/day.

5. A second developmental toxicitystudy with rats, which were givengavage doses of 0, 30, 90, or 360/300mg/kg/day, with a NOEL fordevelopmental toxicity of 30 mg/kg/day.Evidence of developmental toxicityobserved at the 90 mg/kg/day levelincludes increased incidence ofunossified sternebrae, rudimentary ribs,and shortened or absent renal papillae.

6. A two-generation reproductionstudy with rats, which were fed dietscontaining 0, 1, 100, 500, or 2,500 ppm,with no reproductive effects observedunder the conditions of the study. TheNOEL for developmental toxicity isestablished at 500 ppm (equivalent to 25mg/kg/day) based on decreasedoffspring survival, body weightdepression, and increased incidence ofhepatic lesions in rats at the 2,500-ppmlevel.

7. A 2-year chronic feeding/carcinogenicity study with rats fed dietscontaining 0, 100, 500, or 2,500 ppmwith a systemic NOEL of 100 ppm(equivalent to 5 mg/kg/day) based onhepatocyte changes in males at the 500-ppm level and in both sexes at the2,500-ppm level. There were nocarcinogenic effects observed under theconditions of the study.

8. A 2-year chronic feeding/carcinogenicity study with mice, whichwere fed diets containing 0, 100, 500, or2,500 ppm, with a systemic NOEL of100 ppm (equivalent to 15 mg/kg/day)based on decreased body weight, andincreased liver lesions and liver weightin males. There was a statisticallysignificant increase in combinedadenomas and carcinomas of the liver inmale mice at the 2,500-ppm level(equivalent to 375 mg/kg/day).

9. A battery of mutagenicity studies todetermine propiconazole’s potential forgene mutation, chromosomalaberrations, and other genotoxic effectswere all negative.

Propiconazole is classified as apossible human carcinogen (Group C)by the Office of Pesticide Programs’Health Effects Division’sCarcinogenicity Peer ReviewCommittee. (See the Federal Register ofMay 25, 1994 (59 FR 26948) foradditional information regarding EPA’sevaluation of the carcinogenicitypotential of propiconazole.) Based onthe weight of evidence, EPA has,therefore, chosen to use the reference

dose (RfD) to estimate dietary risk frompropiconazole residues.

The reference dose is established at0.013 mg/kg/day, based on a NOEL of1.25 mg/kg of body weight/day and anuncertainty factor of 100. The NOEL istaken from a 1-year feeding study indogs which demonstrates irritation ofthe stomach in males as an endpointeffect. The Agency has evaluated dietaryexposure to the propiconazole residuesbased the anticipated residuecontribution (ARC) from certain existingtolerances and the theoretical maximumresidue contribution (TMRC) from otherexisting tolerances and the proposedtolerances for mushrooms and mint. TheTMRC assumes that 100 percent of thecrops are treated and that the resultingresidues are at tolerance levels. TheARC estimates expected dietaryexposure based on actual residue levelsthat are anticipated on the treatedcommodities and/or the estimatedpercent of the crop treated.

Dietary exposure to residues ofpropiconazole from existing uses andthe proposed uses on mushrooms andmint is estimated at 0.000630 mg/kg/day(5 percent of the RfD) for the generalpopulation, or 0.002020 mg/kg/day (16percent of the RfD) for nonnursinginfants, less than 1-year-old. The dietaryrisk assessment indicates that there isno appreciable risk from establishedtolerances and the proposed tolerancesfor mushrooms and mint.

The nature of the residue in plants isadequately understood for the purposesof the proposed tolerances. Adequateanalytical methods are available forenforcement purposes. Because of thelong lead time from establishing thesetolerances to publication of theenforcement methods in the PesticideAnalytical Manual, Vol. II, theanalytical methods are being madeavailable to anyone with an interest inpesticide enforcement when requestedfrom: Calvin Furlow, Public Responseand Program Resources Branch, FieldOperations Divisions (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Office locationand telephone number: Rm. 1132, CM#2, 1921 Jefferson Davis Hwy.,Arlington, VA 22202, (703)–305–5937.

There is no reasonable expectationthat secondary residues will occur inmeat, milk, poultry or eggs since thereare no livestock feed items associatedwith the proposed tolerances.

There are presently no actionspending against the continuedregistration of this chemical.

Based on the information and dataconsidered, the Agency has determinedthat the tolerances established by

amending 40 CFR 180 would protect thepublic health. Therefore, it is proposedthat the tolerances be established as setforth below.

Any person who has registered orsubmitted an application for registrationof a pesticide, under the FederalInsecticide, Fungicide, and RodenticideAct (FIFRA) as amended, whichcontains any of the ingredients listedherein, may request within 30 days afterpublication of this notice in the FederalRegister that this rulemaking proposalbe referred to an Advisory Committee inaccordance with section 408(e) of theFFDCA.

A record has been established for thisrulemaking under docket numbers [PP2E4037 and 5E4437/P635] (includingcomments and data submittedelectronically as described below). Apublic version of this record, includingprinted, paper versions of electroniccomments, which does not include anyinformation claimed as CBI, is availablefor inspection from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays. The public record is located inRm. 1132 of the Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, Crystal Mall #2,1921 Jefferson Davis Highway,Arlington, VA.




The official record for thisrulemaking, as well as the publicversion, as described above will be keptin paper form. Accordingly, EPA willtransfer all comments receivedelectronically into printed, paper formas they are received and will place thepaper copies in the official rulemakingrecord which will also include allcomments submitted directly in writing.The official rulemaking record is thepaper record maintained at the addressin ADDRESSES at the beginning of thisdocument.

Under Executive Order 12866 (58 FR51735, Oct. 4, 1993), the Agency mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toall the requirements of the ExecutiveOrder (i.e., Regulatory Impact Analysis,review by the Office of Management andBudget (OMB)). Under section 3(f), theorder defines ‘‘significant’’ as thoseactions likely to lead to a rule (1) havingan annual effect on the economy of $100million or more, or adversely andmaterially affecting a sector of the


economy, productivity, competition,jobs, the environment, public health orsafety, or State, local or tribalgovernments or communities (alsoknown as ‘‘economically significant’’);(2) creating serious inconsistency orotherwise interfering with an actiontaken or planned by another agency; (3)materially altering the budgetaryimpacts of entitlement, grants, user fees,or loan programs; or (4) raising novellegal or policy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in this ExecutiveOrder.

Pursuant to the terms of thisExecutive Order, EPA has determinedthat this rule is not ‘‘significant’’ and istherefore not subject to OMB review.

Pursuant to the requirements of theRegulatory Flexibility Act (Pub. L. 96–354, 94 Stat. 1164, 5 U.S.C. 601–612),the Administrator has determined thatregulations establishing new tolerancesor raising tolerance levels orestablishing exemptions from tolerancerequirements do not have a significanteconomic impact on a substantialnumber of small entities. A certificationstatement to this effect was published inthe Federal Register of May 4, 1981 (46FR 24950).


Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: October 24, 1995,

Stephen L. Johnson,

Director, Registration Division, Office ofPesticide Programs.

Therefore, it is proposed that 40 CFRpart 180 be amended as follows:




2. In § 180.434, paragraph (a) isamended in the table therein by addingand alphabetically inserting an entry formushrooms, and paragraph (b) isamended in the table therein by addingand alphabetically inserting an entry formint, to read as follows:

§ 180.434 1 - [[2 - (2,4 - dichlorophenyl) -4 - propyl - 1,3 - dioxolan - 2 - yl]methyl]- 1H - 1,2,4 - triazole; tolerances forresidues.

(a) * * *


* * * * *Mushrooms ............................... 0.1

* * * * *

(b) * * *


* * * * *Mint, tops (leaves and stems) .. 0.3

* * * * *

* * * * *


40 CFR Part 180

[OPP–300401; FRL–4985–4]

RIN 2070–AC18

1,2-Ethanediamine, Polymer WithOxirane and Methyloxirane; ToleranceExemption


SUMMARY: This document proposes toestablish an exemption from therequirement of a tolerance for residuesof 1,2-ethanediamine, polymer withoxirane and methyloxirane (CAS Reg.No. 26316–40–5) when used as an inertingredient (surfactant and dispersingagent) in pesticide formulations appliedto growing crops or to raw agriculturalcommodities after harvest and toanimals, under 40 CFR 180.1001 (c) and(e). The BASF Corp. requested thisproposed regulation pursuant to theFederal Food, Drug and Cosmetic Act(FFDCA).DATES: Written comments, identified bythe document control number [OPP–300401], must be received on or beforeDecember 15, 1995.ADDRESSES: By mail, submit writtencomments to Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person,deliver comments to: Rm. 1132, CM #2,1921 Jefferson Davis Hwy., Arlington,VA 22202. Information submitted as acomment concerning this documentmay be claimed confidential by markingany part or all of that information as‘‘Confidential Business Information’’

(CBI). Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialwill be included in the public docket byEPA without prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket number[OPP–300401]. No ConfidentialBusiness Information (CBI) should besubmitted through e-mail. Electroniccomments on this proposed rule may befiled online at many Federal DepositoryLibraries. Additional information onelectronic submissions can be foundbelow in this document.FOR FURTHER INFORMATION CONTACT: Bymail: Bipin Gandhi, RegistrationSupport Branch, Registration Division(7505W), Environmental ProtectionAgency, 401 M St., SW., Washington,DC 20460. Office location and telephonenumber: 2800 Crystal Drive, NorthTower, 6th Floor, Arlington, VA 22202,(703)–308–8380; e-mail:[email protected] INFORMATION: The BASFCorp., 3000 Continental Drive-North,Mount Olive, NJ 07828–1234, hassubmitted a pesticide petition, PP5E04579, to EPA requesting that theAdministrator, pursuant to section408(e) of the FFDCA (21 U.S.C. 346a(e)),propose to amend 40 CFR 180.1001 (c)and (e) by exempting 1,2-ethanediamine, polymer with oxiraneand methyloxirane (CAS Reg. No.26316–40–5) when used as an inertingredient (surfactant and dispersingagent) in pesticide formulations appliedto growing crops or to raw agriculturalcommodities after harvest and toanimals, under 40 CFR 180.1001(c) and(e). These inert ingredients meet thedefinition of polymers under 40 CFR723.250(b) and the criteria listed in 40CFR 723.250(e) that define chemicalsubstances that pose no unreasonablerisks under section 5 of the ToxicSubstance Control Act (TSCA).


Inert ingredients are all ingredientsthat are not active ingredients as definedin 40 CFR 153.125, and include, but arenot limited to, the following types ofingredients (except when they have apesticidal efficacy of their own):solvents such as alcohols andhydrocarbons; surfactants such aspolyoxyethylene polymers and fattyacids; carriers such as clay anddiatomaceous earth; thickeners such ascarrageenan and modified cellulose;wetting, spreading, and dispersingagents; propellants in aerosoldispensers; microencapsulating agents;and emulsifiers. The term ‘‘inert’’ is notto imply nontoxicity; the ingredient mayor may not be chemically active.

The data submitted in the petitionand other relevant material have beenevaluated. As part of the EPA policystatement on inert ingredients publishedin the Federal Register of April 22, 1987(52 FR 13305), the Agency set forth a listof studies which would generally beused to evaluate the risks posed by thepresence of an inert ingredient in apesticide formulation. However, whereit can be determined without such datathat the inert ingredient will presentminimal or no risk, the Agencygenerally does not require some or all ofthe listed studies to rule on theproposed tolerance or exemption fromthe requirement of a tolerance for aninert ingredient. The Agency hasdecided that no data, in addition to thatdescribed below, for 1,2-ethanediamine,polymer with oxirane andmethyloxirane will need to besubmitted. The rationale for thisdecision is described below.

In the case of certain chemicalsubstances that are defined as‘‘polymers,’’ the Agency has establisheda set of criteria which identify categoriesof polymers that present low risk. Thesecriteria (described in 40 CFR 723.250)identify polymers that are relativelyunreactive and stable compared to otherchemical substances as well as polymersthat typically are not readily absorbed.These properties generally limit apolymer’s ability to cause adverseeffects. In addition, these criteriaexclude polymers about which little isknown. The Agency believes thatpolymers meeting the criteria notedabove will present minimal or no risk.

1,2-Ethanediamine, polymer withoxirane and methyloxirane conforms tothe definition of a polymer given in 40CFR 723.250(b) and meets the followingcriteria that are used to identify low-riskpolymers:

1. 1,2-Ethanediamine, polymer withoxirane and methyloxirane is not acationic polymer, nor is it reasonablyanticipated to become a cationic

polymer in a natural aquaticenvironment.

2. 1,2-Ethanediamine, polymer withoxirane and methyloxirane contains asan integral part of its composition theatomic elements carbon, hydrogen,oxygen, and nitrogen.

3. 1,2-Ethanediamine, polymer withoxirane and methyloxirane does notcontain as an integral part of itscomposition, except as impurities, anyelements other than those listed in 40CFR 723.250(d)(2)(ii).

4. 1,2-Ethanediamine, polymer withoxirane and methyloxirane is notdesigned, nor is it reasonablyanticipated to substantially degrade,decompose, or depolymerize.

5. 1,2-Ethanediamine, polymer withoxirane and methyloxirane is notmanufactured or imported frommonomers and/or other reactants thatare not already included on the TSCAChemical Substance Inventory ormanufactured under an applicableTSCA section 5 exemption.

6. 1,2-Ethanediamine, polymer withoxirane and methyloxirane is not awater-absorbing polymer.

7. The minimum number-averagemolecular weight of 1,2-ethanediamine,polymer with oxirane andmethyloxirane is 2,800. Substances withmolecular weights greater than 400generally are not absorbed through theintact skin, and substances withmolecular weights greater than 1,000generally are not absorbed through theintact gastrointestinal (GI) tract.Chemicals not absorbed through skin orGI tract generally are incapable ofeliciting a toxic response.

8. 1,2-Ethanediamine, polymer withoxirane and methyloxirane has anumber average molecular weight in therange of 2,800 to 10,000 daltons andcontains less than 10 percent oligomericmaterial below molecular weights 500and less than 25 percent oligomericmaterial below 1,000 molecular weight.

9. 1,2-Ethanediamine, polymer withoxirane and methyloxirane has acombined (total) reactive groupequivalent weight greater than or equalto 1,000 for amines as functional groups.

Based on the information above andreview of its uses, EPA has found that,when used in accordance with goodagricultural practice, this ingredient isuseful, and a tolerance is not necessaryto protect the public health. Therefore,EPA proposes that the exemption fromthe requirement of a tolerance beestablished for the polymer as set forthbelow.

Any person who has registered orsubmitted an application for registrationof a pesticide, under the FederalInsecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, that containsthe ingredient listed herein, may requestwithin 30 days after the publication ofthis document in the Federal Registerthat this rulemaking proposal bereferred to an Advisory Committee inaccordance with section 408(e) of theFFDCA.

Interested persons are invited tosubmit written comments on theproposed regulation. Comments mustbear a notation indicating the documentcontrol number, [OPP–300401]. Allwritten comments filed in response tothis petition will be available in thePublic Response and Program ResourcesBranch, at the address given above, from8 a.m. to 4:30 p.m., Monday throughFriday, except legal holidays.

A record has been established for thisrulemaking under docket number [OPP–300401] (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Room 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.




The official record for thisrulemaking, as well as the publicversion, as described above will be keptin paper form. Accordingly, EPA willtransfer all comments receivedelectronically into printed, paper formas they are received and will be placedin the paper copies of the officialrulemaking record which also willinclude all comments submitted directlyin writing. The official rulemakingrecord is the paper record maintained atthe address in the ADDRESSES at thebeginning of this document.

The Office of Management and Budgethas exempted this rule from therequirements of section 2 of ExecutiveOrder 12866.

Pursuant to the requirement of theRegulatory Flexibility Act (Pub. L. 96–354, 94 Stat. 1164, 5 U.S.C. 601–612),the Administrator has determined thatregulations establishing new tolerancesor raising tolerance levels orestablishing exemptions from tolerance


requirements do not have an economicimpact on a substantial number of smallentities. A certification statement to thiseffect was published in the FederalRegister of May 4, 1981 (46 FR 24950).


Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Processed foods, Reportingand recordkeeping requirements.

Dated: October 27, 1995,






2. In § 180.1001 paragraphs (c) and (e)are amended in the tables therein byadding and alphabetically inserting theinert ingredient, to read as follows:

§ 180.1001 Exemptions from therequirement of a tolerance.

* * * **

(c) * * *

Inert ingredient Limits Uses

* * * * * * *1,2 Ethanediamine, polymer with oxirane and

methyloxirane (CAS Reg. No. 26316–40–5) mini-mum number average molecular weight 2,800 andthe range of number average molecular weight is2,800 to 10,000 daltons.

.............................................. Surfactant, dispersing agent.

* * * * * * *(e) * * *

Inert ingredients Limits Uses

* * * * * * *1,2 Ethanediamine, polymer with oxirane and

methyloxirane (CAS Reg. No. 26316–40–5) mini-mum number average molecular weight 2,800 andthe range of number average molecular weight is2,800 to 10,000 daltons.

.............................................. Surfactant, dispersing agent.

* * * * * * *


40 CFR Part 180

[OPP–300402; FRL–4985–6]

RIN 2070–AC18

3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide; Tolerances

AGENCY: Environmental ProtectionAgency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA has completed thereregistration process and issued aReregistration Eligibility Decision (RED)document for the pesticide 3,5-dichloro-N- (1,1-dimethyl-2-propynyl)benzamide,also known as pronamide. In thereregistration process, all information tosupport a pesticide’s continuedregistration is reviewed for adequacyand, when needed, supplemented withnew scientific studies. Based on theRED tolerance assessments for thepesticide chemical subject to this

proposed rule, EPA is proposing thefollowing tolerance actions: to deleteindividual tolerances and establishcrop-grouping tolerances, raise sometolerances and lower others, amend anincorrectly listed tolerance, and modifythe statement under 40 CFR 180.317 forthe pesticide pronamide.

DATES: Written comments, identified bythe OPP document control number[OPP-300402], must be received on orbefore January 16, 1996.

ADDRESSES: By mail, submit commentsto Public Response and ProgramResources Branch, Field OperationsDivision (7506C), Office of PesticidePrograms, 401 M St., SW., Washington,DC 20460. In person, deliver commentsto Rm. 1132, Crystal Mall #2, 1921Jefferson Davis Hwy., Arlington, VA.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also be

accepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket number[OPP-300402]. No Confidential BusinessInformation (CBI) should be submittedthrough e-mail. Electronic comments onthis proposed rule may be filed onlineat many Federal Depository Libraries.Additional information on electronicsubmissions can be found below in thisdocument.

FOR FURTHER INFORMATION CONTACT: Thecontact for the chemical listed above is:Philip Poli, (703)-308-8038; e-mail:[email protected]. By mail:Special Review and ReregistrationDivision (7508W), EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. Office location:Special Review Branch, Crystal Station#1, 3rd Floor, 2800 Crystal Drive,Arlington, VA 22202.


I. Legal Authorization

The Federal Food, Drug, and CosmeticAct (FFDCA) (21 U.S.C. 301 et seq.)


authorizes the establishment oftolerances (maximum legal residuelevels) and exemptions from therequirement of a tolerance for residuesof pesticide chemicals in or on rawagricultural commodities pursuant tosection 408 (21 U.S.C. 346(a)). Withoutsuch tolerances or exemptions, a foodcontaining pesticide residues isconsidered to be ‘‘adulterated’’ undersection 402 of the FFDCA, and hencemay not legally be moved in interstatecommerce (21 U.S.C. 342). To establisha tolerance or an exemption undersection 408 of the FFDCA, EPA mustmake a finding that the promulgation ofthe rule would ‘‘protect the publichealth’’ (21 U.S.C. 346a(b)). For apesticide to be sold and distributed thepesticide must not only haveappropriate tolerances under theFFDCA, but also must be registeredunder the Federal Insecticide,Fungicide, and Rodenticide Act (FIFRA,7 U.S.C. 136 et seq.).

In 1988, Congress amended FIFRAand required EPA to review and reassessthe potential hazards arising fromcurrently registered uses of pesticidesregistered prior to November 1, 1984. Aspart of this process, the Agency mustdetermine whether a pesticide is eligiblefor reregistration and if any subsequentactions are required to fully attainreregistration status. EPA has chosen toinclude in the reregistration process areassessment of existing tolerances orexemptions from the need for atolerance. Through this reassessmentprocess, EPA can determine whether atolerance must be amended, revoked, orestablished, or whether an exemptionfrom the requirement of one or moretolerances must be amended or isnecessary.

The procedure for establishing,amending, or repealing tolerances orexemptions from the requirement oftolerances is set forth in the Code ofFederal Regulations, 40 CFR parts 177through 180. The Administrator of EPAor any person may initiate an actionproposing to establish, amend, revoke,or exempt a tolerance for a pesticideregistered for food uses. The proposalmust explain the grounds for such aproposed action and must be publishedas a public notice. Each petition orrequest for a new tolerance, anamendment to an existing tolerance, ora new exemption from the requirementof a tolerance must be accompanied bya fee or a request for a waiver of suchfee. Current Agency policy on toleranceactions identified during thereregistration process is toadministratively process withoutrequiring payment of a fee toleranceactions for revision or revocation of an

established tolerance. Commentssubmitted in response to the Agency’spublished proposals are reviewed; theAgency then publishes its finaldetermination regarding the specifictolerance actions.

II. Chemical-Specific Information andProposed Actions

Pronamide: Amendment to 40 CFR180.317

1. Regulatory background. Pronamidewas registered in the United States in1972 for use as a herbicide to controlgrassy and broadleaf weeds on field,vegetable, and orchard crops, forage andfodder, fallow land, woody ornamentals,nursery stock, and Christmas treeplantations.

A Registration Standard forpronamide was issued in April 1986.Under this standard, registrants wererequired to generate data, supplymissing data, and replace unacceptabledata. A Data Call-In was issued in 1990for pronamide requiring additional data.The Reregistration Eligibility Decision(RED) document of May 1994 reflects areassessment of all data which weresubmitted in response to theRegistration Standard and the Data Call-In.

2. Proposed action—Modification oftolerance expression. The Agency isproposing to modify the 40 CFR180.317(a) and (b) tolerance expressionsto state that tolerances ‘‘* * * areestablished for the combined residues ofthe herbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and itsmetabolites (containing the 3,5-dichlorobenzoyl moiety and calculatedas 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) * * *’’ to clarifywhich metabolites of pronamide aredetermined by the enforcement methodsand are included in the toleranceexpression.

Tolerances Under 40 CFR 180.317(a)

It is the Agency’s policy to set a cropgroup tolerance when there is anestablished or proposed tolerance for allof the representative commodities for aspecific group or related commodities.This reduces the number of tolerancesin 40 CFR part 180 and allows thepesticide to be used on all thecommodities in the crop group. Theprocedures and data requirements forestablishing a group tolerance aredescribed in 40 CFR 180.34(f).

A crop group tolerance of 10 parts permillion (ppm) is proposed for residuesof pronamide in/on the forage and hayof the nongrass animal feeds group. Theavailable data satisfy the requirementsfor crop group tolerance establishment.

Concomitant with this toleranceproposal, the established tolerances for‘‘alfalfa, fresh’’, ‘‘alfalfa, forage’’,‘‘alfalfa, hay’’, ‘‘clover’’, ‘‘crown vetch’’,‘‘sainfoin’’, and ‘‘trefoil’’ will be deleted.

A crop group tolerance of 0.1 ppm isproposed for residues of pronamide in/on the stone fruits group. Adequate dataare available to support the establishedtolerances for the representativecommodities cherries, nectarines,peaches, and plums/fresh prunes, all at0.1 ppm. Concomitant with thistolerance proposal, the establishedtolerances for ‘‘cherries’’, ‘‘nectarines’’,‘‘peaches’’, and ‘‘plums’’ will bedeleted.

The available residue data support aproposal to reduce the tolerance forresidues in/on endive from 2.0 ppm to1.0 ppm.

As a result of the improvement in theenforcement method for animalcommodities, the Agency is proposingto amend the tolerances for the kidneyand liver of cattle, goats, hogs, horses,and sheep from 0.2 ppm to 0.4 ppm.The improved enforcement methodmeasured a higher percentage of theresidues of concern in the kidney andliver, plus the residue data reflected aninadequate established tolerance. TheAgency has examined the added dietaryexposure as a result of this toleranceincrease. Since exposure to kidney andliver amounts to approximately 5percent of the total dietary intake, theadditional risk is insignificant. Inaddition, the tolerance for sheep meatwas incorrectly listed in 40 CFR180.317(a) as 0.2 ppm and will bechanged to the correct tolerance of 0.02ppm.

Confirmatory residue data arerequired for alfalfa seed; once these dataare received the Agency will reassessthe tolerance for this commodity. In theinterim, the existing tolerance for alfalfaforage will support the alfalfa seed use.

Tolerances Under 40 CFR 180.317(b)Confirmatory residue data are

required for dried winter peas; oncethese data are received the Agency willreassess the tolerance for thiscommodity. In the interim, alternatedata from Europe are available tosupport the present tolerance on driedwinter peas.

III. Public Comment ProceduresInterested persons are invited to

submit written comments, information,or data in response to this proposedrule. Comments must be submitted byJanuary 16, 1996. Comments must beara notation indicating the documentcontrol number. Three copies of thecomments should be submitted to either


location listed under ADDRESSES abovein this document. Informationsubmitted as a comment concerning thisdocument may be claimed confidentialby marking any or all of thatinformation as ‘‘Confidential BusinessInformation’’ (CBI).

Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of a comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice.

Any person who has registered orsubmitted an application for registrationof a pesticide, under the FederalInsecticide, Fungicide, and RodenticideAct (FIFRA) as amended, whichcontains any of the ingredients listedherein, may request within 60 days afterpublication of this notice in the FederalRegister that this rulemaking proposalbe referred to an Advisory Committee inaccordance with section 408(e) of theFFDCA.

Documents considered and reliedupon by EPA pertaining to this action,and all written comments filed pursuantto this proposed rule, will be availablefor public inspection in Rm. 1132,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA, between 8 a.m.and 4:30 p.m., Monday through Friday,except legal holidays. Any person whohas registered, or who has submitted anapplication for registration under FIFRAof any of the pesticide chemicals listedin this proposed rule, may request thatthis proposal be referred to an advisorycommittee. Such a request must bemade within 60 days of the publicationof this proposal. To satisfy requirementsfor analysis specified by ExecutiveOrder 12866 and the RegulatoryFlexibility Act, EPA has considered theimpacts of this proposal.

A record has been established for thisrulemaking under docket number [OPP-300402] (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Room 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.


[email protected]

Electronic comments must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption.


IV. Regulatory AssessmentRequirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR51735, October 4, 1993), the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and thereforesubject to review by the Office ofManagement and Budget (OMB) and therequirements of the Executive Order.Under section 3(f), the order defines a‘‘significant regulatory action’’ as anaction that is likely to result in a rule:(1) having an annual effect on theeconomy of $100 million or more, oradversely and materially affecting asector of the economy, productivity,competition, jobs, the environment,public health or safety, or State, local ortribal governments or communities (alsoreferred to as ‘‘economicallysignificant’’); (2) creating seriousinconsistency or otherwise interferingwith an action taken or planned byanother agency; (3) materially alteringthe budgetary impacts of entitlements,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raising novel legal orpolicy issues arising out of legalmandates, the President’s priorities, orthe principles set forth in this ExecutiveOrder. Pursuant to the terms of thisExecutive Order, it has been determinedthat this rule is not a ‘‘significantregulatory action,’’ because it does notmeet any of the regulatory-significancecriteria listed above.

B. Regulatory Flexibility Act

This proposed rule has been reviewedunder the Regulatory Flexibility Act of1980 (Pub. L. 96-354; 94 Stat. 1164, 5U.S.C. 601 et seq.), and EPA hasdetermined that it will not have asignificant economic impact on anysmall businesses, governments, or

organizations. Accordingly, I certify thatthis proposed rule does not require aseparate regulatory flexibility analysisunder the Regulatory Flexibility Act.

C. Paperwork Reduction ActThis proposed regulatory action does

not contain any information collectionrequirements subject to review by OMBunder the Paperwork Reduction Act of1980, 44 U.S.C. 3501 et seq.

D. Unfunded MandatesThis proposed rule contains no

Federal mandates under Title II of theUnfunded Mandates Reform Act of1995, Pub. L. 104-4, for State, local, ortribal governments or the private sectorbecause it would not imposeenforceable duties on them.


Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: November 1, 1995.

Jack E. Housenger,Chief, Special Review Branch, Special Reviewand Reregistration Division, Office ofPesticide Programs.





2. By revising § 180.317 to read asfollows:

§ 180.317 3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide; tolerances forresidues.

(a) Tolerances are established for thecombined residues of the herbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and its metabolites(containing the 3,5-dichlorobenzoylmoiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide)in or on the following raw agriculturalcommodities:


Apples ....................................... 0.1Artichokes ................................. 0.1Blackberries .............................. 0.05Blueberries ................................ 0.05Boysenberries ........................... 0.05Cattle, fat .................................. 0.02Cattle, kidney ............................ 0.4Cattle, liver ................................ 0.4Cattle, mbyp (except kidney,

liver) ....................................... 0.02Cattle, meat .............................. 0.02



Eggs .......................................... 0.02Endive (escarole) ...................... 1.0Goats, fat .................................. 0.02Goats, kidney ............................ 0.4Goats, liver ................................ 0.4Goats, mbyp (except kidney,

liver) ....................................... 0.02Goats, meat .............................. 0.02Grapes ...................................... 0.1Hogs, fat ................................... 0.02Hogs, kidney ............................. 0.4Hogs, liver ................................. 0.4Hogs, mbyp (except kidney,

liver) ....................................... 0.02Hogs, meat ............................... 0.02Horses, fat ................................ 0.02Horses, kidney .......................... 0.4Horses, liver .............................. 0.4Horses, mbyp (except kidney,

liver) ....................................... 0.02Horses, meat ............................ 0.02Lettuce ...................................... 1.0Milk ............................................ 0.02Nongrass animal feeds ............. 10.0Pears ......................................... 0.1Poultry, fat ................................. 0.02Poultry, kidney .......................... 0.2Poultry, liver .............................. 0.2Poultry, mbyp (except kidney,

liver) ....................................... 0.02Poultry, meat ............................. 0.02Raspberries ............................... 0.05Sheep, fat ................................. 0.02Sheep, kidney ........................... 0.4Sheep, liver ............................... 0.4Sheep, mbyp (except kidney,

liver) ....................................... 0.02Sheep, meat ............................. 0.02Stone fruits ................................ 0.1

(b) Tolerances with regionalregistrations are established for thecombined residues of the herbicide 3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide and its metabolites(containing the 3,5 dichlorobenzoylmoiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on thefollowing raw agricultural commodities:


Peas, dried (winter) .................. 0.05Rhubarb .................................... 0.1


40 CFR Part 372

[OPPTS–400062; FRL–4045–4]

Hydrochloric Acid; Toxic ChemicalRelease Reporting; Community Right-To-Know


ACTION: Proposed rule.

SUMMARY: EPA is granting a petition byproposing to modify the listing forhydrochloric acid on the list of toxicchemicals subject to section 313 of theEmergency Planning and CommunityRight-to-Know Act of 1986 (EPCRA).Specifically, EPA proposes to deletenon-aerosol forms of hydrochloric acidfrom the list of toxic chemicals subjectto section 313. The proposal to deletenon-aerosol forms of hydrochloric acidis based on the Agency’s conclusion thatreleases of non-aerosol forms ofhydrochloric acid do not cause adverseeffects to human health or theenvironment under ordinary exposurescenarios, and therefore, do not meet thesection 313(d)(2) criteria. This proposedrule does not contain an analysis ofaerosol forms of hydrochloric acidbecause they are not the subject of thepetition.DATES: Written comments must bereceived by January 16, 1996.ADDRESSES: Written comments shouldbe submitted in triplicate to: OPPTDocket Clerk, TSCA NonconfidentialInformation Center (NCIC), also knownas, TSCA Public Docket Office (7407),Environmental Protection Agency, 401M St., SW., Washington, DC 20460,Attention: Docket Control NumberOPPTS–400062.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to:[email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket numberOPPTS–400062. No confidentialbusiness information (CBI) should besubmitted through e-mail. Electroniccomments on this proposed rule may befiled online at many Federal DepositoryLibraries. Additional information onelectronic submissions can be found inUnit VII. of this document.FOR FURTHER INFORMATION CONTACT:Maria J. Doa, Petitions Coordinator,202–260–9592, e-mail:[email protected], for specificinformation on this proposed rule, or formore information on EPCRA section313, the Emergency Planning andCommunity Right-to-Know Hotline,Environmental Protection Agency, MailCode 5101, 401 M St., SW., Washington,DC 20460, Toll free: 1–800–535–0202,in Virginia and Alaska: 703–412–9877or Toll free TDD: 1–800–553–7672.


I. Introduction

A. Statutory Authority

This action is taken under sections313(d) and (e)(1) of the EmergencyPlanning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C.11023. EPCRA is also referred to as TitleIII of the Superfund Amendments andReauthorization Act of 1986 (SARA)(Pub. L. 99–499).

B. Background

Section 313 of EPCRA requires certainfacilities manufacturing, processing, orotherwise using listed toxic chemicalsto report their environmental releases ofsuch chemicals annually. Beginningwith the 1991 reporting year, suchfacilities must also report pollutionprevention and recycling data for suchchemicals, pursuant to section 6607 ofthe Pollution Prevention Act (42 U.S.C.13106). When enacted, section 313established an initial list of toxicchemicals that was comprised of morethan 300 chemicals and 20 chemicalcategories. Hydrochloric acid wasincluded in the initial list of chemicalsand chemical categories. Section 313(d)authorizes EPA to add chemicals to ordelete chemicals from the list, and setsforth criteria for these actions. Undersection 313(e)(1), any person maypetition EPA to add chemicals to ordelete chemicals from the list. EPA hasadded and deleted chemicals from theoriginal statutory list. Pursuant toEPCRA section 313(e)(1), EPA mustrespond to petitions within 180 dayseither by initiating a rulemaking or bypublishing an explanation of why thepetition has been denied.

EPA issued a statement of petitionpolicy and guidance in the FederalRegister of February 4, 1987 (52 FR3479), to provide guidance regarding therecommended content and format forpetitions. On May 23, 1991 (56 FR23703), EPA issued a statement ofpolicy and guidance regarding therecommended content of petitions todelete individual members of thesection 313 metal compound categories.EPA has published a statementclarifying its interpretation of thesection 313(d)(2) and (3) criteria foradding and deleting chemicals from thesection 313 toxic chemical list(November 30, 1994; 59 FR 61439).

II. Description of Petition and RelatedActivities

On September 11, 1991, EPA receiveda petition from BASF Corporation, E.I.du Pont de Nemours, MonsantoCompany, and Vulcan Materials


Company to qualify the listing forhydrochloric acid by requiring releasereporting only for hydrochloric acidaerosols and deleting other forms ofhydrochloric acid from the list ofchemicals under EPCRA section 313.The petitioners maintain that non-aerosol forms of hydrochloric acid donot meet the statutory criteria for acute,chronic, or environmental effects. Forthe purposes of this proposal, EPAconsiders the term aerosol to cover anygeneration of airborne hydrochloric acid(including mists, vapors, gas, or fog)without regard to particle size.

On February 1, 1993 (58 FR 6609),EPA published a notice announcing thata public hearing would be held toaddress petitions to modify the listingsfor both hydrochloric and sulfuric acids(on December 24, 1990, a petition wasreceived from the Environmental PolicyCenter on behalf of American Cyanamidto modify the listing of sulfuric acid toinclude only aerosols). In the February1, 1993 notice, EPA requested commenton a number of the issues raised bycommenters in response to the proposedrule to modify the listing for sulfuricacid (July 26, 1991, 56 FR 34156). TheAgency believed that these issues wouldalso apply to hydrochloric acid.Specifically, these issues were: (1) Theextent to which EPA should rely onexisting regulatory controls under otherstatutes to support a determination thatcontinuous or frequently recurringreleases of these acids are unlikely tocause adverse acute human healtheffects or significant adverseenvironmental effects; (2) thesufficiency of the evidence required todetermine if the non-aerosol forms ofthese acids meet the EPCRA section313(d)(2)(A) and (C) criteria; (3) whetherEPA should consider accidental releasedata in making a finding forenvironmental effects under EPCRAsection 313(d)(2)(C); (4) the relevance ofrelease reporting under other statutoryprovisions to the issue of whether non-aerosol forms of these acids meet thelisting criteria; and (5) other reportingoptions.

The public meeting was held onMarch 3, 1993. At this meeting, EPAdiscussed the specific issues describedin the February 1, 1993 notice andpresented data on accidental androutine releases of sulfuric andhydrochloric acids. Comments werethen presented by the public. Responsesto the major issues raised by thecomments presented and/or submittedat the public meeting specific to thelisting for hydrochloric acid will beaddressed at the time final regulation ispromulgated. Many of the issuesdiscussed above have been addressed by

the Agency in the final rulemakingdelisting non-aerosol forms of sulfuricacid (June 30, 1995; 60 FR 34182).

III. EPA’s Technical Review ofHydrochloric Acid

EPA’s technical review of non-aerosolforms of hydrochloric acid is detailed inthe support document for today’sproposal (Technical Support Documentfor the Petition to Delist Non-aerosolForms of Hydrochloric Acid fromEPCRA Section 313, Ref. 1). A summaryof the chemistry, health, andenvironmental effects associated withnon-aerosol forms of hydrochloric acidfollows.

A. ChemistryHydrogen chloride is a colorless,

corrosive, nonflammable gas, having acharacteristic pungent odor. Aqueoushydrochloric acid (also commonlyknown as muriatic acid) refers tosolutions of hydrogen chloride gas inwater.

Like all strong acids, hydrogenchloride is virtually completelydissociated in aqueous solutions. It isthe hydrogen ion species that isresponsible for the acidic characteristicsof aqueous hydrochloric acid. Suchsolutions can be very mild to severeirritants, depending upon concentration.

B. Toxicological EvaluationToxicological data on non-aerosol

forms of hydrochloric acid werereviewed for evidence indicating acutetoxicity, chronic toxicity,carcinogenicity, mutagenicity,reproductive toxicity, developmentaltoxicity, and environmental effects.

1. Acute toxicity. Hydrochloric acid isa strongly acidic, corrosive substancethat is acutely toxic to all human tissue.The extent of tissue damage isdependent upon concentration (pH) andduration of exposure, and can rangefrom a mild, transient irritation, tocorrosion, chemical burn, and, inextreme and isolated cases, death. Non-aerosol forms of hydrochloric acid posea significant health hazard only underaberrant conditions of exposure (e.g.,deliberate ingestion).

2. Chronic toxicity. EPA has notidentified any evidence that indicatesthat chronic exposures to low doses ofnon-aerosol forms of hydrochloric acidat low concentrations in food or waterproduces adverse health effects. Chronicexposure to more concentrated forms(lower pH), may affect metabolism,growth, nutritional status, and producelethality. These effects are dependentupon pH.

3. Carcinogenicity. Data available tothe Agency are insufficient to classify

the carcinogenic potential ofhydrochloric acid. The currentlyavailable animal bioassays are notsufficient for this purpose, and theavailable epidemiological evidence islimited. The total weight of evidence isnot strong enough to draw a causalconclusion.

4. Mutagenicity. The overall weight ofevidence suggests that hydrochloric acidis not mutagenic in vitro. No in vivomutagenicity studies on hydrochloricacid have been reported.

5. Reproductive and developmentaltoxicity. There is insufficientinformation to determine whetherhydrochloric acid may causereproductive or developmental effects inhumans.

6. Environmental effects. The pHrange of 6.5 to 9.0 corresponds to theEPA Water Quality Criteria forfreshwater organisms. Available dataindicate that non-aerosol forms ofhydrochloric acid can produce acuteeffects to freshwater aquatic organismsbelow pH 5. Chronic exposure of fish tohydrochloric acid resulted in abnormalbehavior and deformed fish at pH 4.5and 5.2, but not at pH 5.9; at pH valuesless than 5.9, reduction was noted in eggproduction and egg hatchability.

Hydrochloric acid is not a persistentchemical. In addition, hydrochloricacid, a very hydrophilic and watersoluble substance, is not expected toundergo bioconcentration orbioaccumulation.

C. Release and ExposureIn making listing determinations

under EPCRA section 313, there arelimited circumstances under which it isappropriate for EPA to considerexposure factors (see 59 FR 61440). TheAgency believes that exposureconsiderations are appropriate inmaking determinations (1) under section313(d)(2)(A), (2) under section313(d)(2)(B) for chemicals that exhibitlow to moderately low toxicity based ona hazard assessment (i.e., thosechemicals for which the value of listingunder EPCRA section 313 on hazardalone is marginal), and (3) under section313(d)(2)(C) for chemicals that are lowor moderately ecotoxic or do not inducewell-documented serious adverseeffects. The Agency believes thatexposure considerations are notappropriate in making determinations(1) under section 313(d)(2)(B) forchemicals that exhibit moderately highto high human toxicity based on ahazard assessment and (2) under section313(d)(2)(C) for chemicals that arehighly ecotoxic or induce well-established adverse environmentaleffects. Based on its most recent


assessment, EPA has preliminarilydetermined that non-aerosol forms ofhydrochloric acid exhibit low chronichuman toxicity and moderateenvironmental toxicity.

The principle pathways for the releaseof non-aerosol forms of hydrochloricacid to the environment includewastewater discharges, undergroundinjection of dilute solutions, andreleases to land.

1. Releases to water. Under the CleanWater Act (33 U.S.C. 1251–1387),parameters such as pH may be subjectto both technology-based and waterquality-based limitations. Thetechnology-based limitations are eitherderived from nationally applicableeffluent guidelines or pre-treatmentstandards (many of which limit pH to arange of 6.0 to 9.0) or are based on (1)The permit writer’s ‘‘Best ProfessionalJudgement’’ if there is no applicableguideline for a direct discharge or (2)local pretreatment requirements. Waterquality-based limitations generally areestablished to ensure that applicablewater quality standards are attained andmaintained. Dischargers are typicallysubject to monitoring provisions underwhich permittees are to reportdischarges of controlled parameters.

2. Accidental releases to water. Underthe Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct (CERCLA; 42 U.S.C. 9601–9675), arelease into the environment ofhydrochloric acid equaling or exceeding5,000 pounds within a 24-hour periodmust be reported to the NationalResponse Center (see 40 CFR part 302).These release reports are entered intothe Emergency Response NotificationSystem (ERNS) computer data basemaintained by EPA. The Agencybelieves that although limited to non-coastal regions, the data in ERNS arerepresentative of spills of hydrochloricacid in the United States fromnontransportation sources. EPAanalyzed all releases of hydrochloricacid reported to ERNS during calendaryear 1991 (this analysis is described inRef. 1). Of the releases reported toERNS, only three may have potentiallyresulted in adverse environmentaleffects, i.e. fish-kills, due to a transientlowering of the pH of the receivingstream. No data were available toconfirm such an impact. As thesereleases of hydrochloric acid resulted inonly transient lowering of the pH in thereceiving stream, they cannotreasonably be anticipated to havecaused chronic ecotoxicity.

In addition to ERNS, EPA analyzedaccidental release data from theAccidental Release Information Program(ARIP) and the Acute Hazardous Events

Data Base (AHE/DB). Consistent withthe ERNS data, the availableinformation present in ARIP and AHE/DB indicate that accidental releases ofnon-aerosol forms of hydrochloric acidare isolated and infrequent occurrences.Thus, releases of non-aerosol forms ofhydrochloric acid are not expected tocause significant adverse ecologicaleffects (a complete discussion of thisanalysis is provided in Ref. 1).

3. Underground injection. In the caseof underground injection, regulationspromulgated under the UndergroundInjection Control (UIC) Program of theSafe Drinking Water Act (SDWA), 42U.S.C. 300f–300j–26, specify that deepindustrial waste disposal must occur ineither Class I or Class V wells. Thestandards, requirements, and thepermitting process for the design,operation, monitoring, and closure ofClass I wells were designed to preventcontamination of underground sourcesof drinking water (USDW).

In addition to controls under theSDWA, regulations issued under theResource Conservation and RecoveryAct (RCRA 42 U.S.C. 6901–6992k) at 40CFR part 148 allow undergroundinjection into a Class I well of aqueouswastes with a pH of 2 or less only if thewaste is the subject of a successful ‘‘nomigration’’ petition. This petition mustdemonstrate that there will be nomigration of hazardous constituents foras long as the waste remains hazardous.The petition must also show that theinjected fluid will not migrate within10,000 years. There is currently noevidence which indicates thatunderground injection of hydrochloricacid into Class I wells would result insuch migration.

Injection of hazardous waste intoshallow injection wells is prohibitedunder RCRA section 3020 and the UICprogram of the SDWA (40 CFR 144.13).The disposal of nonhazardous industrialwaste, such as treated hydrochloricacid, into shallow injection wells is thesubject of the Agency’s current Class Vrulemaking proceedings (EPA publisheda proposed rule in the Federal Registerof August 28, 1995; 60 FR 44652). In theinterim, such wells are still subject tothe prohibition in section 1422 of theSDWA against any injection which mayendanger a drinking water source, asdefined in section 1421(d)(2).

4. Releases to land. Total on-site landreleases of hydrochloric acid reported tothe Toxics Release Inventory in 1993were 359,506 pounds, or 0.16 percent oftotal on-site releases. Of the off-sitetransfers of hydrochloric acid sent fromfacilities reporting greater than 100,000pounds sent off-site (which accounts for90 percent of all off-site transfers of

hydrochloric acid), 2.3 percent wasreleased to land off-site. Regulationspromulgated under RCRA at 40 CFR261.22 provide that aqueous wastes thatexhibit a pH of less than or equal to 2are hazardous wastes. Land disposal ofsuch wastes may take place only afterpH adjustment above 2 or a successful‘‘no migration’’ petition. Hydrochloricacid at a pH above 2 is not considereda hazardous waste under RCRA. Thus,land disposal of hydrochloric acid at apH above 2 is not regulated under RCRAat 40 CFR 261.22. There is no availablenational information on releases ofhydrochloric acid to land at pHs greaterthan 2.

C. Summary of Technical ReviewNon-aerosol forms of hydrochloric

acid are acutely toxic to human tissue,producing effects ranging from irritationto corrosion to risk of early death. Theextent of damage, however, isdependent upon concentration andduration of exposure. EPA’s analysis ofreleases of non-aerosol forms ofhydrochloric acid indicate that releaseswill not result in levels of concern.

The effects produced by chronicexposure to non-aerosol forms ofhydrochloric acid are highly dependenton concentration and duration ofexposure. Non-aerosol forms ofhydrochloric acid cause adverse effectsonly at relatively high dose levels.EPA’s analysis of releases of non-aerosolforms of hydrochloric acid indicate thatreleases will not result in concentrationsof concern.

The data indicate that accidentalreleases of hydrochloric acid to surfacewaters are infrequent and isolatedoccurrences. In only a fewcircumstances could evidence ofadverse environmental effects (e.g., fishkills) be found.

IV. Rationale for Proposed Modificationof the Hydrochloric Acid Listing

EPA’s decision to propose deletion ofnon-aerosol forms of hydrochloric acidis based on the Agency’s evaluation ofthe toxicity of non-aerosol forms ofhydrochloric acid and the levels of non-aerosol forms of hydrochloric acidexposure to which humans and theenvironment may be subject.

EPA believes that non-aerosol formsof hydrochloric acid do not meet thestatutory criteria of section 313(d)(2)(A)regarding acute human health effects;specifically, that the ‘‘chemical isknown to cause or can reasonably beanticipated to cause significant adverseacute human health effects atconcentration levels that are reasonablylikely to exist beyond facility siteboundaries as a result of continuous, or


frequently recurring, releases.’’Hydrochloric acid’s toxic properties aredependent upon concentration (i.e., pHlevel) and duration of exposure. Onlyunder aberrant conditions of exposure(e.g., spills onto the skin) doconcentrated solutions of hydrochloricacid pose a potentially serious acutehealth hazard. EPA’s review of thetoxicity and exposure informationindicates that although hydrochloricacid is acutely toxic at low pH levels, itis unlikely that persons will be exposedto acutely toxic concentration levels‘‘beyond facility site boundaries as aresult of continuous or frequentlyrecurring releases.’’

EPA also believes that non-aerosolforms of hydrochloric acid do not meetthe criteria of section 313(d)(2)(B)regarding chronic human health effects;specifically, that the ‘‘chemical isknown to cause or can reasonably beanticipated to cause in humans’’ certainchronic health effects (see Unit III.B. ofthis proposal).

EPA believes that non-aerosol formsof hydrochloric acid do not meet thesection 313(d)(2)(C) criteria regardingadverse environmental effects. Althoughaccidental releases of concentratedhydrochloric acid solutions to surfacewaters may result in acute ecotoxiceffects, such as fish-kills, the availableinformation indicates that accidentalreleases of hydrochloric acid to surfacewaters are isolated and infrequentoccurrences. As such, the Agencybelieves that the limited number ofaccidental releases of non-aerosol formsof hydrochloric acid do not result insignificant acute adverse effects on theenvironment of sufficient seriousness towarrant continued listing under EPCRAsection 313. In addition, EPA believesthat accidental releases of non-aerosolforms of hydrochloric acid cannotreasonably be anticipated to inducechronic ecotoxicity because pHexcursions are expected to dissipaterapidly due to the chemical’s highsolubility in water. Therefore, theAgency believes that non-aerosol formsof hydrochloric acid do not meet thelisting criteria of EPCRA section313(d)(2)(C).

EPA proposes to modify the listingunder EPCRA section 313 forhydrochloric acid by deleting non-aerosol forms of hydrochloric acid.EPA’s proposal to delete non-aerosolforms of hydrochloric acid from thesection 313 list is not meant to suggestthat the Agency considers non-aerosolhydrochloric acid to be a ‘‘safe’’chemical. Rather, this proposed actionreflects the fact that non-aerosol formsof the chemical do not meet the criteriaset forth in EPCRA section 313(d)(2).

Currently, most facilities base theirthreshold determinations for reportingunder section 313 on the amounts ofhydrochloric acid in solution formmanufactured, processed, or otherwiseused. If this proposal were adopted, forpurposes of threshold determinations ofhydrochloric acid aerosols for reportingunder section 313, a facility wouldconsider any generation of airbornehydrochloric acid (including mists,vapors, gas, or fog) without regard toparticle size as manufacture. Thequantity of airborne hydrochloric acidmanufactured or processed, not theamount released, would be comparedwith the 25,000 pound threshold. Anyotherwise use of aerosol forms ofhydrochloric acid must also be appliedtowards the 10,000 pound threshold.Generation of aerosol forms ofhydrochloric acid is expected to occurfrom, among other processes, theproduction or processing of solutions ofhydrochloric acid. However, generationof aerosol forms of hydrochloric acidfrom other processes must also beconsidered.

Although not a factor in the delistingdecision, deleting non-aerosol forms ofhydrochloric acid from the section 313list will not result in any significantreduction in the information nowavailable to the public concerning spillsof hydrochloric acid. Since reporting ofspills under section 313 is only requiredto be submitted to EPA as part of anoverall annual release number, no directand immediate notice to the public ofsuch an accidental release or spill ofhydrochloric acid is available throughsection 313 reports or through the TRIdata base, i.e., only annual releasefigures are available.

However, other statutory mechanismsexist by which information on spills ofhydrochloric acid are made available tothe public. For example, hydrochloricacid is listed as a hazardous substanceunder CERCLA, 40 CFR 302.4. CERCLAsection 103 requires that the person incharge of a facility or vesselimmediately report a release of 5,000pounds or more of hydrochloric acid(other than a federally permittedrelease) to the National ResponseCenter. There is a reduced reportingrequirement for releases determined tobe ‘‘continuous and stable in quantityand rate’’ (40 CFR 302.8). Releases of5,000 pounds or more also must bereported to State and local authoritiesunder EPCRA section 304. EPCRAsection 304 requires the owner oroperator of a facility to immediatelyreport to the State Emergency ResponseCommission (SERC) and the LocalEmergency Planning Committee (LEPC)when there is a release of a CERCLA

hazardous substance requiring a reportunder CERCLA section 103(a) or whenthere is a release of 1 pound or more ofa non-CERCLA Extremely HazardousSubstance (EHS) listed under EPCRAsection 302(a). However, section 304does not apply ‘‘. . . to any releasewhich results in exposure to personssolely within the site or sites on whicha facility is located’’ (EPCRA section304(a)(4)).

In addition, data on the presence ofhydrochloric acid for emergencyplanning purposes are already beingcollected at the local level. Undersections 311 and 312 of EPCRA,facilities are required to submit lists andinventories of chemicals on-site toLEPCs to help them plan foremergencies and inform the publicabout the types and amounts ofchemicals being handled in theircommunities.

V. Precedents for Modified Listings

A. Background

There are precedents for qualifiedchemical listings under EPCRA section313. The original list established byCongress contained a number ofqualified listings including: aluminum(fume or dust), ammonium nitrate(solution), asbestos (friable), yellow orwhite phosphorus, vanadium (fume ordust), and zinc (fume or dust). Also,EPA recently qualified the aluminumoxide listing by exempting non-fibrousforms of aluminum oxide from thereporting requirements so that onlyfibrous aluminum oxide is subject toreporting (40 CFR part 372). EPA foundthat there was no evidence that non-fibrous forms of aluminum oxide causeadverse human health or environmentaleffects as specified under section 313.The decision to retain fibrous forms ofaluminum oxide was based on evidencethat exposure to fibrous forms of thischemical can reasonably be anticipatedto cause cancer in humans. In addition,EPA recently added a category, waterdissociable nitrate compounds, to theEPCRA section 313 list (59 FR 61460)with a qualifier that limits reporting toaqueous solutions. The Agency hadoriginally proposed (59 FR 1825) to listnitrate ion; however, many commentersargued that what the Agency actuallyproposed was a category of nitratecompounds that dissociate in water.EPA agreed with the commenters andused the qualified category in the finallisting. This category indicates that onlywater dissociable nitrate compoundsthat are manufactured, processed, orotherwise used as an aqueous solutionat a facility are subject to reporting.


B. Effect of Modifying Toxic ReleaseInventory (TRI) Reporting ofHydrochloric Acid

If the hydrochloric acid listing isqualified to require reporting for onlyhydrochloric acid aerosols, thenfacilities would determine theirreporting threshold based on how manypounds of hydrochloric acid aerosolsthey manufactured, processed, orotherwise used during the calendaryear.

In 1992, 3,281 facilities reported atotal of 77.1 million pounds ofhydrochloric acid released to air. EPAestimates that the total number ofreports (Form Rs and certificationstatements) submitted after themodification will be between 333 and1,514 and that the total amount ofreleases to air will be between 73.6 and76.8 million pounds (Ref. 1). Therefore,modifying the list to cover onlyhydrochloric acid aerosols is notexpected to result in any appreciableloss of information on releases ofhydrochloric acid to air since, at aminimum, it is estimated that 95.5percent of the total air emissionsreported for 1992 would still becaptured.

VI. Request for Public CommentEPA requests general comments on

this proposal to delete non-aerosolforms of hydrochloric acid from the listof toxic chemicals under EPCRA section313. Comments should be submitted tothe address listed under the ADDRESSESunit at the front of this document. Allcomments must be received by January16, 1996.

VII. Rulemaking RecordA record, that includes the reference

in Unit VIII. below, has been establishedfor this rulemaking under docketnumber OPPTS–400062 (includingcomments and data submittedelectronically as described below). Apublic version of this record, includingprinted, paper versions of electroniccomments, which does not include anyinformation claimed as CBI, is availablefor inspection from 12 noon to 4 p.m.,Monday through Friday, excluding legalholidays. The public record is located inthe TSCA Nonconfidential InformationCenter, Rm. NE–B607, 401 M St., SW.,Washington, DC 20460.


[email protected]

Electronic comments must besubmitted as an ASCII file avoiding theuse of any special characters and anyform of encryption.


VIII. ReferencesUSEPA. 1995. Technical Support

Document for the Petition to Delist Non-aerosol Forms of Hydrochloric Acidfrom EPCRA Section 313.

IX. Regulatory AssessmentRequirements

A. Executive Order 12866Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agencymust determine whether the regulatoryaction is ‘‘significant’’ and thereforesubject to review by the Office ofManagement and Budget (OMB) and therequirements of the Executive Order.Pursuant to the terms of this ExecutiveOrder, it has been determined that thisproposed rule is not ‘‘significant’’ andtherefore not subject to OMB review.

The cost savings to industry from themodification of the hydrochloric acidlisting is estimated to be between $4.9and $7.6 million per year. The costsavings to EPA is estimated at $135,000to $201,000 per year. The lower boundestimate of the total annual savings forindustry and EPA from the partialdelisting of hydrochloric acid is$5,035,000. The upper bound estimateis $7,801,000 in savings annually.

B. Regulatory Flexibility ActUnder the Regulatory Flexibility Act

of 1980, the Agency must conduct asmall business analysis to determinewhether a substantial number of smallentities would be significantly affectedby the proposed rule. Because thisproposed rule eliminates an existingrequirement, it would result in costsavings to facilities, including smallentities.

C. Paperwork Reduction ActThis proposed rule does not have any

information collection requirementssubject to the provisions of thePaperwork Reduction Act of 1980, 44U.S.C. 3501 et seq.

D. Unfunded Mandates Reform ActPursuant to Title II of the Unfunded

Mandates Reform Act of 1995, which

the President signed into law on March22, 1995, EPA has assessed the effectsof this regulatory action on State, localor tribal governments, and the privatesector. This action does not result in theexpenditure of $100 million or more byany State, local or tribal governments, orby anyone in the private sector. Thecosts associated with this action aredescribed in the Executive Order 12866unit above.


Environmental protection, Chemicals,Community right-to-know, Reportingand recordkeeping requirements, Toxicchemicals.

Dated: November 3, 1995.Lynn R. Goldman,Assistant Administrator, Office of Prevention,Pesticides and Toxic Substances.


1. The authority citation for part 372would continue to read as follows:

Authority: 42 U.S.C. 11023 and11048.

§ 372.65 [Amended]

2. Sections 372.65(a) and (b) areamended by changing the entry forhydrochloric acid to read ‘‘Hydrochloricacid (acid aerosols including mists,vapors, gas, fog, and other airborneforms of any particle size)’’ underparagraph (a) and under paragraph (b)for CAS number entry 7647–01–0.


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 10, 13 and 17

RIN 1018–AC57

Fish and Wildlife Service, GeneralProvisions and General PermitProcedures

AGENCY: Fish and Wildlife Service,Interior.ACTION: Proposed rule notice ofreopening of comment period.

SUMMARY: On September 5, 1995regulations providing for uniform rulesand procedures for general permitprocedures, as published in the FederalRegister (60 FR 46087) the Fish andWildlife Service (Service) published aproposed rule to amend regulationsproviding for general permit procedures.The Service hereby provides notice thatthe comment period on the proposal is


reopened. All interested parties areinvited to submit comments on thisproposal.DATES: Comments must be submitted onor before January 16, 1996.ADDRESSES: Comments and materialsconcerning this proposal should be sentto the Director, U.S. Fish and WildlifeService, P.O. Box 3247, Arlington,Virginia 22203–3247. Comments andmaterials may be hand-delivered to theU.S. Fish and Wildlife Service, Divisionof Law Enforcement, 4401 N. FairfaxDrive, Room 500, Arlington, Virginia,between the hours of 8:00 a.m. and 4:00p.m., Monday through Friday.FOR FURTHER INFORMATION CONTACT:Thomas Striegler, Special Agent inCharge, Branch of Investigations,Division of Law Enforcement, Fish andWildlife Service, Department of Interior,Washington, D.C. 20240, Telephonenumber (703) 358–1949 or MaggieTieger, Chief, Branch of Permits, Officeof the Management Authority,Telephone Number (703) 358–2104.SUPPLEMENTARY INFORMATION: Thecomment period is being extended toallow interested parties time forconsideration and review of theproposed rule. Supplementaryinformation and the full text of theproposed rule appears in the FederalRegister of September 5, 1995, (60 FR46087).George T. Frampton Jr.,Assistant Secretary for Fish and Wildlife andParks.[FR Doc. 95–28243 Filed 11–14–95; 8:45 am]BILLING CODE 4310–55–M

50 CFR Part 17

RIN 1018–AD29

Endangered and Threatened Wildlifeand Plants: Proposed Establishment ofa Nonessential ExperimentalPopulation of Black-Footed Ferrets inAubrey Valley, Arizona

AGENCY: Fish and Wildlife Service,Interior.ACTION: Proposed rule.

SUMMARY: The U.S. Fish and WildlifeService (Service), in cooperation withthe Arizona Game and Fish Department(Department), proposes to introduceblack-footed ferrets (Mustela nigripes)into Aubrey Valley, Arizona. Thisreintroduction is proposed toimplement a primary recovery action forthis federally listed endangered speciesand to evaluate release techniques.Provided conditions are acceptable,captive-raised black-footed ferrets thatare surplus to the captive population

will be released in 1995, or later, andsurplus animals will be releasedannually thereafter for several years oruntil a self-sustaining population isestablished. Releases will utilize andrefine reintroduction techniques used atother reintroduction areas. If the AubreyValley program is successful, it isexpected that a wild population will beestablished within about 5 years. TheAubrey Valley ferret population isproposed to be designated as anonessential experimental population inaccordance with section 10(j) of theEndangered Species Act of 1973, asamended (Act). This population will bemanaged in accordance with theprovisions of the accompanyingproposed special rule.DATES: Comments from all interestedparties must be received by: January 2,1996.

A public hearing on this proposal willbe held from 7:00 P.M. to 10:00 P.M., onDecember 12, 1995, at Seligman,Arizona.ADDRESSES: Comments and materialsconcerning this proposal should be sentto the State Supervisor, ArizonaEcological Services Field Office, U.S.Fish and Wildlife Service, 2321 WestRoyal Palm Road, Suite 103, Phoenix,Arizona 85021. Comments and materialsreceived will be available for publicinspection, by appointment, duringnormal business hours at the aboveaddress.FOR FURTHER INFORMATION CONTACT:William Austin, at the above address, ortelephone 602/640–2720.


Background1. Legislative: Among the significant

changes made in the EndangeredSpecies Act (Act) by the Amendments of1982 (Public Law No. 97–304) was thecreation of a new section 10(j), whichprovides for the designation of specificpopulations of listed species as‘‘experimental populations.’’ Underprevious authorities in the EndangeredSpecies Act of 1973, as amended (16U.S.C. 1531 et seq.), the U.S. Fish andWildlife Service (Service) wasauthorized to reintroduce populationsinto unoccupied portions of a listedspecies’ historical range when it wouldfoster the conservation and recovery ofthe species. However, opposition toreintroduction efforts by local citizens,concerned about the restrictions andprohibitions on Federal and privateactivities contained in sections 7 and 9of the Act, severely handicapped theeffectiveness of reintroductions as amanagement tool. Under section 10(j),reintroduced populations established

outside the species’ current range butwithin its historical range may bedesignated, at the discretion of theService, as ‘‘experimental.’’ Thisdesignation increases the Service’sflexibility to manage reintroducedpopulations of endangered speciesbecause experimental populations aretreated as threatened species under theAct, thereby permitting the Servicegreater discretion in devisingmanagement programs and specialregulations. Per section 4(d) of the Act,such programs and regulations may benecessary and advisable to provide forthe conservation of the species. Inaddition, per section 4(d) of the Act,these regulations may be less restrictivethan those for endangered species, andmore compatible with current orplanned human activities in thereintroduction area. For example, for thepurposes of the proposed Aubrey Valleyreintroduction, a person may take aferret in the wild within the AubreyValley Experimental Population Areaprovided such take is incidental asdefined under the Act, and if anyresulting injury or mortality wasunintentional, and not due to negligentconduct. The Act defines ‘‘incidentaltake’’ as take that is incidental to, andnot the purpose of, the carrying out ofan otherwise lawful activity. Suchconduct will not be considered‘‘intentional take’’ and the Service willnot take legal action for such conduct.However, the knowing take of a black-footed ferret will result in the referral ofthe incident to the appropriateauthorities for prosecution.

Experimental populations can bedetermined to be ‘‘essential’’ or‘‘nonessential.’’ Nonessentialpopulations are not essential to thecontinued existence of the species. Theproposed Aubrey Valley population ofblack-footed ferrets, if reintroduction isundertaken, will be designated as anonessential experimental populationaccording to the provisions of section10(j) of the Act.

Nonessential experimentalpopulations located outside of theNational Wildlife Refuge System orNational Park System lands are treated,under section 7 of the Act, as if theywere species proposed for listing. Thus,only two provisions of section 7 wouldapply to an experimental populationoutside of National Wildlife RefugeSystem and National Park System lands:Section 7(a)(1), which requires allFederal agencies to use their authorityto conserve listed species; and section7(a)(4), which requires Federal agenciesto confer with the Service on actionsthat are likely to jeopardize thecontinued existence of a proposed


species throughout its range. Section 7(a)(2) of the Act, which requires Federalagencies to ensure that their activitiesare not likely to jeopardize thecontinued existence of a listed species,would not apply except on NationalWildlife Refuge System and NationalPark System lands. Activitiesundertaken on private lands are notaffected by section 7 of the Act unlessthey are authorized, funded or carriedout by a Federal agency.

However, pursuant to section 7(a)(2),the individual animals comprising thedesignated experimental populationmay be removed from an existing sourceor donor population only after it hasbeen determined that such removal isnot likely to jeopardize the continuedexistence of the species. Moreover,removal must be conducted inaccordance with the permittingrequirements of 50 CFR 17.22.

2. Biological: The species addressedby this rulemaking is the black-footedferret (Mustela nigripes), an endangeredcarnivore with a black face mask, blacklegs, and a black-tipped tail. Black-footed ferrets are nearly 60 centimeters(2 feet) in length and weigh up to 1.1kilogram (2.5 pounds). It is the onlyferret species native to North America.

Historically, the black-footed ferretwas found over a wide area, but it isdifficult to make a conclusive statementon its historical abundance due to itsnocturnal and secretive habits. Thehistorical range of the species, based onspecimen collections, includes 12 States(Arizona, Colorado, Kansas, Montana,Nebraska, New Mexico, North Dakota,Oklahoma, South Dakota, Texas, Utah,and Wyoming) and the CanadianProvinces of Alberta and Saskatchewan.There is prehistoric evidence of thisferret occurring from the YukonTerritory in Canada to New Mexico andTexas (Anderson et al. 1986).

Black-footed ferrets primarily prey onprairie dogs and use their burrows forshelter and denning and depend almostexclusively on prairie dogs for food andshelter (Henderson et al. 1969, Forrest etal. 1985). Ferret range is coincident withthat of prairie dogs (Anderson et al.1986), with no documentation of black-footed ferrets breeding outside of prairiedog colonies. There are specimenrecords of black-footed ferrets fromranges of three species of prairie dogs:The black-tailed prairie dog (Cynomysludovicianus), white-tailed prairie dog(Cynomys leucurus), and Gunnison’sprairie dog (Cynomys gunnisoni)(Anderson et al. 1986).

Widespread poisoning of prairie dogsand agricultural cultivation of theirhabitat drastically reduced prairie dogabundance and distribution in the last

century. Sylvatic plague, which mayhave been introduced to North Americaaround the turn of the century, alsodecimated prairie dog numbers,particularly in the southern portions oftheir range. The severe decline of prairiedogs nearly resulted in the extinction ofblack-footed ferrets. The ferret’s declinemay be partially attributable to otherfactors such as secondary poisoningfrom prairie dog toxicants and caninedistemper. The black-footed ferret waslisted as an endangered species onMarch 11, 1967.

In 1964, a wild population of ferretswas discovered in South Dakota andstudied intensively. This populationdisappeared from the wild in 1974, andits last member died in captivity in1979. The species was then thought tobe extinct until a small population wasdiscovered in 1981, near Meeteetse,Wyoming. The Meeteetse populationunderwent a severe decline in 1985–1986 due to canine distemper. Eighteensurvivors were taken into captivity in1986–1987 to prevent the species’extinction and to serve as founderanimals for a captive propagationprogram for reintroducing the speciesback into the wild. Today, the captivepopulation numbers 400 animals in 7separately maintained locations.

3. Recovery Efforts: The nationalrecovery objective in the recovery planfor the black-footed ferret (U.S. Fish andWildlife Service 1988) is to ensureimmediate survival of the species by—(a) Increasing the captive population offerrets to 200 breeding adults by 1991,which has been achieved, (b)Establishing a prebreeding censuspopulation of 1,500 free-rangingbreeding adults in 10 or more differentpopulations, with no fewer than 30breeding adults in each population bythe year 2010; and (c) Encouraging thewidest possible distribution ofreintroduced animals throughout theirhistoric range.

When this national objective isachieved, the black-footed ferret will bedownlisted to a threatened status,assuming that the extinction rate ofestablished populations remains at orbelow the rate at which newpopulations are established for at least5 years. Cooperative efforts to rearblack-footed ferrets in captivity havebeen successful. In 5 years, the captivepopulation has increased from 18 toover 400 animals. In 1988, this singlecaptive population was divided into fiveseparate captive subpopulations toprevent the possibility of a singlecatastrophic event eliminating the entirecaptive population. In 1991 and 1992,two additional captive subpopulationswere established. Since a captive

population of 240 breeding adults hasbeen achieved, recovery efforts haveadvanced to the reintroduction phase ofestablishing animals back into the wild.

4. Reintroduction Sitesa. Site Selection Process: The Service,

in cooperation with 11 western Statewildlife agencies has identifiedpotential ferret reintroduction siteswithin the historical range of thespecies. To date, reintroductions haveoccurred in Wyoming, Montana, andSouth Dakota. Utah and Colorado arecurrently identifying potentialreintroduction sites while other westernStates are in the process of evaluatingadditional potential reintroduction sites.Sites are selected for reintroduction bythe Service in coordination with theBlack Footed Ferret InterstateCoordinating Committee.

b. Northwest Arizona/Aubrey ValleySite: The area selected forreintroduction of the nonessentialexperimental population of black-footedferrets in Arizona is designated as theAubrey Valley Experimental PopulationArea (AVEPA). The AVEPA is located inCoconino and Yavapai counties innorthwestern Arizona. The AVEPAincludes the Aubrey Valley west of theAubrey Cliffs, from Chino Point, northalong the crest of the Aubrey Cliffs tothe southeast boundary of the HualapaiIndian Reservation. The area’s boundarycontinues southwest along theReservation boundary to U.S. HighwayRoute 66; then southeast along Route 66for approximately 5.2 km (3.5 miles) tomile post 116; then along the 5,300-footelevation contour east and north of theJuniper Mountains and then back to thepoint of origin at Chino Point. This areaencompasses 25,598 hectares (ha)(63,253 acres) of deeded land and18,536 ha (45,802 acres) of State trustland for a total of 44,134 ha (109,055acres). A detailed map showing thelocation and delineating the boundariesof the AVEPA accompanies this specialrule.

Surveys conducted in 1992 indicatethat approximately 6,969 ha (17,196acres) of prairie dog towns exist withinthe AVEPA. Using an index outlined inBiggins et al. (1989), this area has acurrent black-footed ferret family ratingof 35, which means that about 35 black-footed ferrets could potentially besupported at the AVEPA site. The ferretfamily rating is a numerical valuederived from the acreage and density ofprairie dogs and is used to estimateferret carrying capacity of a prairie dogcomplex. Since 1990, 10 surveys havebeen conducted in the Aubrey Valley byFederal agencies for activitiesauthorized, funded, or carried out by the


Federal agency that may affect prairiedog colonies deemed capable ofsupporting black-footed ferrets. Thesesurveys did not discover any evidenceof extant black-footed ferrets and it isunlikely that any wild ferrets existwithin the AVEPA. Consequently, theService concludes that thereintroduction of ferrets into the sitewill be separate and distinct from otherexisting populations.

Current plans call for releasing ferretsinto a subportion of the AVEPA (withinthe area considered best for the release).If this reintroduction is successful,black-footed ferrets will probablydisperse into other areas of the AVEPA.Other individuals will be released intoselected portions of the AVEPA at alater date. Black-footed ferrets will bereleased only if biological conditions aresuitable and meet the managementframework that has been developed. TheService will reevaluate thereintroduction efforts in the AVEPAshould any of the following conditionsoccur:

(1) Failure to maintain black-footedferret habitat sufficient to support ≥30breeding adults after five years.

(2) Failure to maintain at least 90percent of prairie dog acreage known in1992.

(3) A wild black-footed ferretpopulation is found within the AVEPAprior to the first breeding seasonfollowing the initial reintroduction.

(4) Any active case of caninedistemper or other disease is found inany animal in or near the reintroductionarea within six months prior to thescheduled release.

(5) Fewer than 20 black-footed ferretsare available for the first release.

(6) Funding is not available toimplement the reintroduction plan inArizona.

(7) Land ownership changes orcooperators withdraw from the project.

5. Reintroduction Protocol: Thereintroduction protocol involvesreleasing approximately 20 or morecaptive-raised black-footed ferrets in thefirst year of the program, and up to 50or more animals annually for the next 2to 4 years. Released animals should beexcess to the needs of the captivebreeding program. Hence, the loss ofreleased animals would unlikely haveany impact on the genetic diversity ofthe species. Since captive breeding offerrets will continue, any animal loss inthe reintroduction effort can bereplaced. It may be necessary to releaseferrets from other sources, includingestablished reintroduced populations, toenhance the genetic diversity of thepopulation.

The Service has implemented severalprotocols for releasing captive-rearedferrets back into the wild. There aremany factors that must be consideredwhen determining which reintroductionmethodology to use. A ‘‘hard’’ release iswhen animals are released shortly afterarrival at the release site. A ‘‘soft’’release is when the animals are suppliedwith food, shelter, and protection frompredators for a period of time beforebeing released. In either method, ferretsare released from above ground cageswith access to nest boxes underground.Reintroduction also may beaccomplished by releasingpreconditioned or nonconditionedyoung or adult animals into the wild.‘‘Preconditioning’’ is where captive-bredferrets are exposed to living withinprairie dog towns which mimic naturalconditions. In addition, it may benecessary to surround each above-ground cage with an electric fence toprevent damage by livestock or largemammals. The Service will determineand use the reintroduction method bestsuited for the proposed ferret release atthe AVEPA.

Released animals will be vaccinatedagainst diseases, including caninedistemper, when a vaccine fordistemper is developed for black-footedferret use. Measures to reduce predationby coyotes, badgers, raptors, and otherpredators will be taken during the initialreintroduction stage. Habitat conditionswill also be monitored during thereintroduction phase. All releasedferrets will be marked and monitored.Radiotelemetry, spotlight and snowsurveys, and visual sighting techniqueswill be employed to locate and trackreleased ferrets.

High mortality (up to 90 percent) isexpected among animals during the firstyear of release. Captive-bred animals aremore susceptible to predation,starvation, and environmentalconditions than wild born individuals.Mortality is highest during the firstmonth of release. In the first year of theprogram, a realistic goal is to have someferrets survive the first month in thewild with at least 10 percent of theanimals surviving winter.

From 1982 to 1986, intensive studieswere conducted on the Meeteetsepopulation to establish baseline data toaid future reintroduction efforts. Thisbaseline data has been supplementedwith biological and behavioral dataobserved from the South Dakotapopulation in the 1960’s and 1970’s.The Wyoming, South Dakota, andMontana reintroduction programs willalso provide additional data for futurereleases.

The goal of the Arizonareintroduction effort is theestablishment of a free-rangingpopulation of at least 30 adult animalswithin the AVEPA by the year 2000.The Service will monitor the progress ofthe project on an annual basis,including all determinable sources ofmortality. The status of the populationand the information gained at this sitewill be evaluated annually for the first5 years to determine future ferretmanagement needs. This 5-yearevaluation will not include anevaluation on whether the ‘‘nonessentialexperimental’’ designation for theAubrey Valley population should bechanged. The nonessential designationfor this experimental population willremain unchanged unless theexperiment is deemed by the Service tobe a failure and the designation and theanimals are withdrawn.

Status of Reintroduced Population

The Aubrey Valley proposedreintroduction is ‘‘nonessential’’ to thecontinued existence of the black-footedferret for the following reasons:

1. The captive breeding population isthe primary population and it has beenprotected against the threat of extinctionfrom a single catastrophic event bydividing the population into sevenwidely separated subpopulations.Hence, any loss of an experimentalpopulation will not threaten thesurvival of the species as a whole.

2. Presently, the primary repository ofgenetic diversity for the species is the240 breeding adults in the captivebreeding population. Animals selectedfor reintroduction purposes should beexcess to the needs of the captivepopulation. Hence, any loss of animalsfor an experimental population will notimpact the overall genetic diversity ofthe species.

3. All animals lost during thisreintroduction attempt will be replacedthrough captive breeding. Based oncurrent population dynamics, juvenileferrets are being produced in excess ofthe numbers needed to maintain 240breeding adults in captivity.

This will be the fourth experimentalpopulation of black-footed ferretsreleased back into the wild. The otherreintroduction efforts are in Wyoming,southwestern South Dakota, and north-central Montana. Reintroduction offerrets is important to help ensure thesurvival of the species in the wild.Ferrets held in captivity are at risk oflosing behaviorial aspects critical totheir survival in the wild. Consequently,it is important to reintroduce captive-held ferrets as soon as possible to


increase the likelihood of successfulreintroductions.

Approximately 58 percent of the landin the AVEPA is deeded land and Statetrust lands make up the other 42percent. The nonessential experimentalpopulation designation will facilitatereestablishment of the species in thewild by alleviating landowner concernsabout possibly restrictive measures thatcould be taken under the Act. Thenonessential experimental designationis intended to relax regulations thatprotect reintroduced populations ofendangered species, while promotingthe conservation of this population. Thenonessential designation provides amore flexible management frameworkfor protecting and recovering black-footed ferrets so that private landownerscan continue their current dailyactivities.

Attempts to reintroduce ferrets intothe wild (in Wyoming, South Dakota,and Montana) have placed emphasis ondeveloping and improvingreintroduction techniques. This researchwill lay the groundwork for ferretreintroduction and managementprotocol at future release sites. Thus,failure to establish an Arizonapopulation in the first few years of theprogram will not reduce the likelihoodof the survival of the species in thewild. The data obtained from thisreintroduction effort will be used toimprove ferret reintroductiontechniques in Gunnison’s prairie dogtowns. All previous releases haveoccurred in black-tailed or white-tailedprairie dog towns.

Location of Reintroduced PopulationUnder section 10(j) of the Act, an

experimental population must begeographically separate from othernonexperimental populations of thesame species. Since 1987, when the lastmembers of the Meeteetse populationwere captured for inclusion in thecaptive population, no ferrets have beenreported from the wild. There is still thepossibility that ferrets exist in the wildtoday. Extensive surveys for black-footed ferrets in the AVEPA wereconducted. In addition to these surveys,many hours were spent surveyingprairie dog colonies at the proposedrelocation site; no ferrets or sign havebeen observed. Therefore, the Servicebelieves that the reintroducedpopulation will not overlap with anywild ferrets.

The AVEPA is located innorthwestern Arizona and includes theAubrey Valley west of the Aubrey Cliffs.The area has geographic features thatmay hinder, but not prevent black-footed ferrets from moving outside of

the AVEPA. However, it is unlikely thatferrets would migrate outside thedesignated area.

The AVEPA will serve as one of thecore recovery areas described in theBlack-footed Ferret Recovery Plan.Following the first release and prior tothe first breeding season, all markedferrets in the reintroduction site, butstill within the designated experimentalpopulation area, will be considered asthe nonessential experimentalpopulation. During and following thefirst breeding season, all ferrets locatedin the AVEPA, including offspring ofreleased ferrets, will be considered asthe nonessential experimentalpopulation. It is expected that allanimals will remain in the AVEPAbecause of prime prairie dog habitat,their limited home range, andsurrounding geographic barriers. Shouldany animal leave the AVEPA, theService and its cooperators may capturethe stray and either return it to themanagement area, translocate it toanother reintroduction site, or place itin captivity. If a ferret is found onprivate lands outside the reintroductionarea (but still within the experimentalpopulation site), the landowner will becontacted and the animal will beremoved at the request of thelandowner. If the landowner has noobjection to the ferret remaining on his/her property, the animal will not beremoved. Black-footed ferrets dispersinginto areas outside of the experimentalarea will receive full protection underthe Act.

All ferrets released in the AVEPA willbe marked. If any unmarked animals arefound following the first release andprior to the first breeding season, aconcerted effort will be made todetermine the source of such ferrets. Asearch will be undertaken to determinewhether a wild population exists in thearea. Any ferret occurring outside theAVEPA would be considered asendangered, but it could be captured forgenetic testing. If the animal isdetermined to be from the experimentalpopulation, it will either be returned tothe AVEPA, held in captivity, orreleased at another reintroduction site.If the captured animal is determined tobe genetically unrelated to ferrets fromthe experimental population (possibly awild animal), it can be captured for usein the captive breeding program. Underthe existing contingency plan, up tonine such ferrets can be captured for thecaptive population. If a landowneroutside the experimental populationarea wishes to retain the black-footedferret(s) on his or her property, aconservation agreement or easementwill be arranged.

ManagementThe AVEPA reintroduction will be

undertaken by the Service incooperation with the Arizona Game andFish Department, the Navajo Nation,and the Arizona State Land Department(in accordance with the CooperativeReintroduction Plan For Black-footedFerrets—Aubrey Valley, Arizona(Belitsky et al. 1994)). Additionalconsiderations pertinent toreintroduction are discussed below.

1. Monitoring: Various monitoringefforts are planned during the first 5years of the program. Prairie dognumbers and their distribution andmonitoring for sylvatic plague will beconducted on an annual basis.Monitoring for canine distemper will beconducted before and during thereintroduction. Reintroduced ferrets andtheir offspring will be monitored eachyear, using spotlight surveys and/orsnowtracking surveys. Assuming a fewferrets survive the first winter, surveyswill be conducted to monitor breedingsuccess and the recruitment of survivinganimals . All behaviorial aspects willalso be investigated during thereintroduction phase.

The Service has requested that theArizona Game and Fish Departmentserve as the primary contact forgovernmental agencies, privatelandowners, and the public within thearea affected by the black-footed ferretreintroduction. The Department willalso serve as the primary contact for anyreports on injured or dead ferrets. Allreports of any injured or dead animalsshould be referred to the StateSupervisor, U.S. Fish and WildlifeService, Ecological Services, Phoenix,Arizona, telephone (602) 640–2720. TheState Supervisor also will notify theService’s Division of Law Enforcementconcerning any dead or injured ferret.

Ferret populations and their habitatwill be monitored annually by theService and/or its authorizedcooperators to document any hazards orongoing activities which would impactblack-footed ferrets. When appropriate,strategies and contingencies tominimize harm to ferrets will beincluded in the management plan andimplemented by the Service.

The Service and its cooperators willkeep other agencies and the publicinformed about the presence of black-footed ferrets in the AVEPA throughpublic outreach programs. Sucheducational programs will address thehandling of sick or injured ferrets. Whendead black-footed ferrets are found, thecarcass should be preserved. TheService requests that any individualfinding a dead ferret not disturb


potential evidence that may be used todetermine cause of death.

Any person locating a dead, injured,or sick black-footed ferret, or witnessinganyone causing harm or death to aferret, should immediately notify theState Supervisor, U.S. Fish and WildlifeService, Ecological Services, Phoenix,Arizona, telephone (602) 640–2720.

2. Disease Considerations: If an activecase of canine distemper is documentedin any wild mammal found in proximityto or within the reintroduction site(within 6 months prior to thereintroduction), the reintroductionprogram will be reevaluated. At least 10coyotes, and possibly badgers, will betested for canine distemper beforeferrets are released at the AVEPA. Allpersons will be discouraged frombringing dogs into the AVEPA.Residents and hunters will beencouraged to vaccinate pets and toreport any unusual behavior witnessedin wild animals or any dead animalsthat are found within the area. Effortsare underway to develop an effectivecanine distemper vaccine for black-footed ferrets. Routine sampling forsylvatic plague within prairie dog townswill occur before and during the release.

3. Genetic Considerations: Ferretsselected for the initial reintroductionwill be animals excess to the needs ofthe captive populations in order topreserve the genetic diversity of thecaptive populations. The geneticdiversity found within experimentalferret reintroductions is usually lessthan that of the captive populations.This disparity can be corrected byselecting and reestablishing breedingferrets that compensate for any geneticbiases in earlier releases. The ultimategoal is to establish wild ferretpopulations that represent themaximum level of genetic diversity.

4. Prairie Dog Management: TheService will work cooperatively withlandowners and land managementagencies in the AVEPA to maintainsufficient prairie dog habitat to support≥30 breeding adult black-footed ferrets,as well as to maintain at least 90 percentof the prairie dog habitat known in1992. In areas where prairie dogs are anuisance, control programs compatiblewith ferret recovery objectives will beimplemented. The Service will workcooperatively with the affectedlandowners and land managementagencies to resolve any prairie dogmanagement conflicts.

5. Mortality: Only animals surplus tothe needs of the captive breedingprogram will be used in thisreintroduction attempt. Significantmortality is expected to occur sincecaptive-reared animals must adapt to

the wild. Natural mortality, resultingfrom predation, a fluctuating foodsupply, disease, and the lack of anyhunting experience on the part of thereleased animals, will be compensatedfor through predator and prairie dogmanagement, vaccination, supplementalfeeding, and improved release methods.Human-related mortality may bereduced through public educationefforts. A low level of mortality fromincidental take is expected as a result ofdesigning the reintroduction program tocoincide with traditional land usepractices in the reintroduction site. TheAct defines ‘‘incidental take’’ as takethat is incidental to, and not thepurpose of, the carrying out of anotherwise lawful activity.

A person may take a ferret in the wildwithin the AVEPA provided such takeis incidental as defined under the Act,and if any resulting injury or mortalitywas unintentional, and not due tonegligent conduct. Such conduct willnot be considered ‘‘intentional take’’and the Service will not take legalaction for such conduct. However, theknowing take of a black-footed ferretwill result in the referral of the incidentto the appropriate authorities forprosecution. Any take of black-footedferrets must be reported immediately tothe Service’s State Supervisor (seeADDRESSES section).

The draft biological opinion preparedfor the reintroduction anticipates anincidental take level of about 12 percentof all reintroduced ferrets and theiroffspring. If this level of incidental takeis reached at any time within a givenyear, the Service in cooperation withlandowners and land managing agencieswill conduct an evaluation of theincidental take and will implement thenecessary measures to reduce the levelof incidental take.

6. Special Handling: Under theproposed special rule, Serviceemployees and their acting agents willbe authorized to handle black-footedferrets for various reasons: scientificpurposes, relocation to avoid conflictwith human activities, recovery efforts,relocation to future reintroduction sites,aiding sick, injured, or orphanedanimals, and salvaging of dead animals.If a ferret is deemed not fit to remain inthe wild, it will be placed in captivity.The Service will also determine theplacement of all sick, injured, orphaned,and dead animals.

7. Coordination with Landowners andLand Management: An effort to identifyissues and concerns associated with thisproposed ferret reintroduction wasconducted prior to the development ofthe proposed rule. The proposedreintroduction has also been discussed

with those potentially affected Stateagencies and landowners located withinthe proposed release site. These affectedState agencies and landowners/managers indicate that they will supportthe reintroduction if the releasedanimals are considered to be anonessential experimental population.

8. Potential for Conflict with Grazingand Recreational Activities: Under thecurrent management scheme developedfor the AVEPA, conflicts betweengrazing and black-footed ferretmanagement are not anticipated. Therewill be no additional grazing restrictionsother than those contained in the‘‘Cooperative Reintroduction Plan forBlack-footed Ferrets in Aubrey Valley,Arizona’’ placed on landowners. Thereintroduction plan states that all landsin the management area are subject tolivestock grazing and, to date, nograzing practices have been observedthat will adversely affect ferret habitat.However, the reintroduction plan doescall for working cooperatively withlandowners in the experimental area tomaintain at least 90 percent of theprairie dog habitat known to exist in1992. No restrictions will be placed onlandowners regarding prairie dogcontrol on private lands within theexperimental population area. In theevent that prairie dog control effortsproposed for private or State trust landsmight eliminate the prey base forestablished black-footed ferrets in aspecific problem area, State and Federalbiologists will determine whether black-footed ferrets are negatively impacted.Any agent of the Service or theappropriate State wildlife agency maytranslocate animals from a problem areato other areas with less conflict. Biggame hunting, prairie dog shooting, andtrapping of furbearers or predators inthe AVEPA are not likely to impactferrets.

9. Protection of Black-footed Ferrets:Released black-footed ferrets will needto be protected from natural mortality(predators, disease, lack of prey base)and from human-related sources ofmortality. Natural mortality will bereduced through improved releasemethods, vaccination, predator control,and the management of prairie dogpopulations. Human causes of mortalitywill be minimized by releasing ferrets inareas with low human populationdensities and with little development.

A draft biological opinion wasprepared on this proposal for thereintroduction of black-footed ferretsinto the AVEPA. It concluded that thisaction is not likely to jeopardize thecontinued existence of the species. Afinal biological opinion will be preparedfor the final rulemaking.


10. Public Awareness andCooperation: An extensive educationaleffort will be undertaken to inform thepublic in the region and nationallyabout the importance of thisreintroduction in the recovery of theblack-footed ferret. This should enhancepublic awareness of the significance ofthe project and gain its support.

11. Overall: The designation of theAVEPA population as a nonessentialexperimental population will encouragelocal cooperation since this designationwill allow for greater flexibility whileconducting normal activities within therelease site. The Service considers thenonessential experimental populationdesignation to be necessary in order toreceive full cooperation fromlandowners, agencies, and recreationalinterests in the affected area. Based onthe above information, and utilizing thebest scientific and commercial dataavailable, (in accordance with 50 CFR17.81), the Service finds that releasingblack-footed ferrets into the AVEPA willfurther the conservation and recovery ofthe species.

Public Comments SolicitedThe Service intends that any action

resulting from this proposed rulemakingto designate the AVEPA population as anonessential experimental populationbe as effective as possible. Therefore,comments or recommendationsconcerning any aspect of this proposedrule are hereby invited (see ADDRESSESsection) from State, public, andgovernment agencies, the scientificcommunity, industry, or any otherinterested party. Comments should be asspecific as possible. Final promulgationof a rule to implement this proposedaction will take into consideration allcomments and any additionalinformation received by the Service.Such communications may lead to afinal rule that differs from this proposal.

Public HearingsThe Act provides for at least one

public hearing on this proposal, ifrequested within 45 days from date of

publication of the proposal. The Servicehas arranged for a public hearing to beheld on December 12, 1995, from 7:00P.M. to 10:00 P.M. with registrationbeginning at 6:00 P.M. at theCafetorium, Seligman High School, 500N. Main Street, Seligman, Arizona.

National Environmental Policy ActA draft environmental assessment as

defined under the authority of theNational Environmental Policy Act of1969 has been prepared and is availablefrom the Service office identified in theADDRESSES section.

Required DeterminationsThis proposed rule has been reviewed

under Executive Order 12866. TheDepartment of the Interior hasdetermined that this rule will not havea significant economic effect on asubstantial number of small entitiesunder the Regulatory Flexibility Act (5U.S.C. 601 et seq.). Based on theinformation discussed in this ruleconcerning public projects and privateactivities within the experimentalpopulation area, significant economicimpacts will not result from this action.Also, no direct costs, enforcement costs,information collection, or recordkeepingrequirements are imposed on smallentities by this action, and the rulecontains no recordkeeping requirementsas defined under the PaperworkReduction Act of 1995 (Pub. L. 104–13).

References Cited

Anderson, E., S.C. Forrest, T.W. Clark, and L.Richardson. 1986. Paleobiology,biogeography, and systematics of theblack-footed ferret (Mustela nigripes)(Audubon and Bachman), 1851. GreatBasin Naturalist Memoirs 8:11–62.

Anderson, S. 1972. Mammals of Chihuahua—taxonomy and distribution. Bulletin ofthe American Museum of NaturalHistory 148(2):280–281.

Belitsky, D.W., W.E. Van Pelt, and J.D.Hanna. 1994. A cooperativereintroduction plan for black-footedferrets, Aubrey Valley, Arizona. ArizonaGame and Fish Department, Phoenix,Arizona. 33 pp.

Biggins, D., B. Miller, L. Hanebury, B.Oakleaf, A. Farmer, R. Crete, and A.Dood. 1989. A system for evaluatingblack-footed ferret habitat. Unpubl. Rept.for the Black-footed Ferret InterstateCoordinating Committee. USFWS, FortCollins, Colorado. 25 pp.

Forrest, S.C., T.W. Clark, L. Richardson, andT.M. Campbell III. 1985. Black-footedferret habitat: some management andreintroduction considerations. WyomingBureau of Land Management, WildlifeTechnical Bulletin, No. 2. 49 pp.

Henderson, F.R., P.F. Springer, and R.Adrian. 1969. The black-footed ferret inSouth Dakota. South Dakota Departmentof Game, Fish and Parks, Tech. Bull. 4:1–36.

U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery plan. U.S. Fish andWildlife Service, Denver, Colorado. 154pp.

Author

The primary author of this rule isLorena L.L. Wada (see ADDRESSESsection).


Endangered and threatened species,Exports, Imports, Reporting andrecordkeeping requirements, andTransportation.

Proposed Regulations Promulgation

PART 17—[AMENDED]

Accordingly, it is hereby proposed toamend Part 17, Subchapter B of ChapterI, Title 50 of the U.S. Code of FederalRegulations, as set forth below:


Authority: 16 U.S.C. 1361–1407; 16 U.S.C.1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–625, 100 Stat. 3500; unless otherwise noted.

2. It is proposed that § 17.11(h) beamended by revising the existing entriesfor the ‘‘Ferret, black-footed’’ under‘‘MAMMALS’’ to read as follows:

§ 17.11 Endangered and threatenedwildlife.

* * * * *(h) * * *

Species

Historic range

Vertebrate popu-lation where en-

dangered orthreatened

Status When listed Critical habi-tat Special rules

Common name Scientific name

MAMMALS

* * * * * * *Ferret, black-foot-

ed.Mustela nigripes . Western U.S.A.,

Western Can-ada.

Entire, exceptwhere listed asan experi-mental popu-lation below.

E 1, 3, 433,545, 546,lll.

NA ................ NA


Species

Historic range

Vertebrate popu-lation where en-

dangered orthreatened

Status When listed Critical habi-tat Special rules

Common name Scientific name

Do .................. ......do .................. ......do .................. U.S.A. (specifiedportions ofWY, MT, SD,and AZ).

XN 433, 545,546,lll.

NA ................ 17.84(g)

* * * * * * *

3. It is proposed that 50 CFR 17.84 beamended by revising the text ofparagraph (g) to read as follows:

§ 17.84 Special rules—vertebrates.

* * * * *(g) Black-footed ferret (Mustela

nigripes).(1) The black-footed ferret

populations identified in paragraphs(g)(9)(i), (g)(9)(ii), (g)(9)(iii), and(g)(9)(iv) of this section are nonessentialexperimental populations. Each of thesepopulations will be managed inaccordance with their respectivemanagement plans.

(2) No person may take this species inthe wild in the experimental populationareas except as provided in paragraphs(g)(3), (4), (5), and (10) of this section.

(3) Any person with a valid permitissued by the U.S. Fish and WildlifeService (Service) under § 17.32 may takeblack-footed ferrets in the wild in theexperimental population areas.

(4) Any employee or agent of theService or appropriate State wildlifeagency, who is designated for suchpurposes, when acting in the course ofofficial duties, may take a black-footedferret in the wild in the experimentalpopulation areas if such action isnecessary:

(i) For scientific purposes;(ii) To relocate a ferret to avoid

conflict with human activities;(iii) To relocate a ferret that has

moved outside the Reintroduction Areawhen removal is necessary to protectthe ferret, or is requested by an affectedlandowner or land manager, or whoseremoval is requested pursuant toparagraph (g)(13) of this section;

(iv) To relocate ferrets within theexperimental population areas toimprove ferret survival and recoveryprospects;

(v) To relocate ferrets from theexperimental population areas intoother ferret reintroduction areas orcaptivity;

(vi) To aid a sick, injured, ororphaned animal; or

(vii) To salvage a dead specimen forscientific purposes.

(5) A person may take a ferret in thewild within the experimental

population areas, provided such take isincidental to and not the purpose of, thecarrying out of an otherwise lawfulactivity and if such ferret injury ormortality was unavoidable,unintentional, and did not result fromnegligent conduct. Such conduct willnot be considered ‘‘knowing take’’ forthe purposes of this regulation, and theService will not take legal action forsuch conduct. However, knowing takewill be referred to the appropriateauthorities for prosecution.

(6) Any taking pursuant to paragraphs(g)(3), (4)(vi) and (vii), and (5) of thissection must be reported immediately tothe appropriate Service Field or StateSupervisor, who will determine thedisposition of any live or deadspecimens.

(i) Such taking in the Shirley Basin/Medicine Bow experimental populationarea must be reported to the FieldSupervisor, Ecological Services, Fishand Wildlife Service, Cheyenne,Wyoming (telephone: 307/772–2374).

(ii) Such taking in the Conata Basin/Badlands experimental population areamust be reported to the FieldSupervisor, Ecological Services, Fishand Wildlife Service, Pierre, SouthDakota (telephone: 605/224–8693).

(iii) Such taking in the north-centralMontana experimental population areamust be reported to the FieldSupervisor, Ecological Services, Fishand Wildlife Service, Helena, Montana(telephone: 406/449–5225).

(iv) Such taking in the Aubrey Valleyexperimental population area must bereported to the State Supervisor,Ecological Services, Fish and WildlifeService, Phoenix, Arizona (telephone:602/640–2730).

(7) No person shall possess, sell,deliver, carry, transport, ship, import, orexport by any means whatsoever, anyferret or part thereof from theexperimental population taken inviolation of these regulations or inviolation of applicable State fish andwildlife laws or regulations or theEndangered Species Act.

(8) It is unlawful for any person toattempt to commit, solicit another tocommit, or cause to be committed, any

offense defined in paragraphs (g)(2) and(7) of this section.

(9) The sites for reintroduction ofblack-footed ferrets are within thehistorical range of the species.

(i) The Shirley Basin/Medicine BowManagement Area is shown on theattached map of Wyoming and will beconsidered the core recovery area forthis species in southeastern Wyoming.The boundaries of the nonessentialexperimental population will be thatpart of Wyoming south and east of theNorth Platte River within Natrona,Carbon, and Albany Counties (seeWyoming map). All marked ferretsfound in the wild within theseboundaries prior to the first breedingseason following the first year ofreleases will constitute the nonessentialexperimental population during thisperiod. All ferrets found in the wildwithin these boundaries during andafter the first breeding season followingthe first year of releases will comprisethe nonessential experimentalpopulation thereafter.

(ii) The Conata Basin/BadlandsReintroduction Area is shown on theattached map for South Dakota and willbe considered the core recovery area forthis species in southwestern SouthDakota. The boundaries of thenonessential experimental populationarea will be north of State Highway 44and BIA Highway 2 east of theCheyenne River and BIA Highway 41,south of I–90, and west of StateHighway 73 within Pennington,Shannon, and Jackson Counties, SouthDakota. Any black-footed ferret found inthe wild within these boundaries will beconsidered part of the nonessentialexperimental population after the firstbreeding season following the first yearof releases of black-footed ferrets in theReintroduction Area. A black-footedferret occurring outside theexperimental population area in SouthDakota would initially be considered asendangered but may be captured forgenetic testing. Disposition of thecaptured animal may take the followingactions if necessary:

(A) If an animal is geneticallydetermined to have originated from the


experimental population, it may bereturned to the Reintroduction Area orto a captive facility.

(B) If an animal is determined to begenetically unrelated to theexperimental population, then under anexisting contingency plan, up to nineblack-footed ferrets may be taken for usein the captive-breeding program. If alandowner outside the experimentalpopulation area wishes to retain black-footed ferrets on his property, aconservation agreement or easementmay be arranged with the landowner.

(iii) The North-central MontanaReintroduction Area is shown on theattached map for Montana and will beconsidered the core recovery area forthis species in north-central Montana.The boundaries of the nonessentialexperimental population will be thoseparts of Phillips and Blaine Counties,Montana, described as the area boundedon the north beginning at the northwestcorner of the Fort Belknap IndianReservation on the Milk River; eastfollowing the Milk River to the eastPhillips County line; then south alongsaid line to the Missouri River; thenwest along the Missouri River to thewest boundary of Phillips County; thennorth along said county line to the westboundary of Fort Belknap IndianReservation; then further north alongsaid boundary to the point of origin atthe Milk River. All marked ferrets foundin the wild within these boundariesprior to the first breeding seasonfollowing the first year of releases willconstitute the nonessential experimentalpopulation during this period. Allferrets found in the wild within theseboundaries during and after the firstbreeding season following the first yearof releases will thereafter comprise thenonessential experimental population.A black-footed ferret occurring outsidethe experimental area in Montanawould initially be considered asendangered but may be captured forgenetic testing. Disposition of thecaptured animal may be done in thefollowing manner if necessary.

(A) If an animal is geneticallydetermined to have originated from theexperimental population, it would bereturned to the Reintroduction Area orto a captive facility.

(B) If an animal is determined not tobe genetically related to theexperimental population, then under anexisting contingency plan, up to nineferrets may be taken for use in thecaptive breeding program.

(iv) The Aubrey Valley ExperimentalPopulation Area (see Arizona map) willbe considered the core recovery area forthis species in northwestern Arizona.The boundary of the nonessentialexperimental population area will bethose parts of Coconino and YavapaiCounties that include the Aubrey Valleywest of the Aubrey Cliffs, starting fromChino Point, north along the crest of theAubrey Cliffs to the southeast boundaryof the Hualapai Indian Reservation. Thearea’s boundary continues southwestalong the Reservation boundary to U.S.Highway Route 66; then southeast alongRoute 66 for approximately 5.2 km (3.5miles) to mile post 116; then along the5,300-foot elevation contour east andnorth of the Juniper Mountains and thenback to the point of origin at ChinoPoint. Any black-footed ferrets found inthe wild within these boundaries will beconsidered part of the nonessentialexperimental population after the firstbreeding season following the first yearof releases of ferrets into thereintroduction area. A black-footedferret occurring outside theexperimental area in Arizona wouldinitially be considered as endangeredbut may be captured for genetic testing.Disposition of the captured animal maytake the following action if necessary:

(A) If an animal is geneticallydetermined to have originated from theexperimental population, it may bereturned to the reintroduction area or toa captive facility.

(B) If an animal is determined to begenetically unrelated to theexperimental population, then under anexisting contingency plan, up to nineferrets may be taken for use in thecaptive-breeding program. If alandowner outside the experimentalpopulation area wishes to retain black-footed ferrets on his property, aconservation agreement or easementmay be arranged with the landowner.

(10) The reintroduced populationswill be continually monitored duringthe life of the project, including the use

of radio telemetry and other remotesensing devices as appropriate. Allreleased animals will be vaccinatedagainst disease prevalent in mustelids,as appropriate, prior to release. Anyanimal that is sick, injured, or otherwisein need of special care may be capturedby authorized personnel of the Serviceor appropriate State wildlife agency ortheir agents, and given appropriate care.Such an animal may be released back tothe appropriate reintroduction area oranother authorized site as soon aspossible, unless physical or behavioralproblems make it necessary to return theanimal to captivity.

(11) The status of each experimentalpopulation will be reevaluated withinthe first 5 years after the first year ofreleases of black-footed ferrets todetermine future management needs.This review will take into account thereproductive success and movementpatterns of the individuals released intothe area, as well as the overall health ofthe experimental population and theprairie dog ecosystem in the abovedescribed areas. Once recovery goals aremet for delisting the species, a rule willbe proposed to address delisting.

(12) This 5-year evaluation will notinclude a reevaluation of the‘‘nonessential experimental’’designation for these populations. TheService does not foresee any likelysituation which would call for alteringthe nonessential experimental status ofany population. Should any suchalteration prove necessary and it resultsin a substantial modification to black-footed ferret management on non-Federal lands, any private landownerwho consented to the introduction ofblack-footed ferrets on their lands willbe permitted to terminate their consent,and at their request, the ferrets will berelocated pursuant to paragraph(g)(4)(iii) of this section.* * * * *

§ 17.84 [Amended]

4. It is proposed to amend § 17.84 byadding a map to follow the existing mapat the end of paragraph (g).

BILLING CODE 4310–55–P


Dated: October 20, 1995.George T. Frampton, Jr.,Assistant Secretary, Fish, Wildlife and Parks.[FR Doc. 95–28078 Filed 11–14–95; 8:45 am]BILLING CODE 4310–55–C

This section of the FEDERAL REGISTERcontains documents other than rules orproposed rules that are applicable to thepublic. Notices of hearings and investigations,committee meetings, agency decisions andrulings, delegations of authority, filing ofpetitions and applications and agencystatements of organization and functions areexamples of documents appearing in thissection.

Notices Federal Register

57397

Vol. 60, No. 220


DEPARTMENT OF AGRICULTURE

Food and Consumer Service

Collection Requirements Submitted forPublic Comment andRecommendations; School FoodPurchase Study

AGENCY: Food and Consumer Service,USDA.ACTION: Notice.

SUMMARY: In accordance with thePaperwork Reduction Act of 1995, thisnotice announces the Food andConsumer Service’s (FCS) intention torequest OMB review of the School FoodPurchase Study.DATES: Comments on this notice must bereceived by January 16, 1996.ADDRESSES: Send comments regardingthe accuracy of the burden estimate,ways to minimize the burden, includingthrough the use of automated collectiontechniques or other forms of informationtechnology, or any other aspect of thiscollection of information to: Michael E.Fishman, Acting Director, Office ofAnalysis and Evaluation, Food andConsumer Service, U.S. Department ofAgriculture, 3101 Park Center Drive,Alexandria, VA 22302.

All responses to this notice will besummarized and included in the requestfor OMB approval. All comments willalso become a matter of public record.FOR FURTHER INFORMATION CONTACT:Michael E. Fishman, (703) 305–2117.SUPPLEMENTARY INFORMATION:

Title: The School Food PurchaseStudy.

OMB Number: Not yet assigned.Expiration Date: N/A.Type of Request: New collection of

information.Abstract: This study will provide

statistically valid national estimates ofthe types, amounts, and costs of foodacquired by local public school districtsparticipating in the National SchoolLunch Program and School Breakfast

Program. The study will also examinethe changes in the mix of foods acquiredby schools since the last study of schoolfood purchases (School Year 1984–85).In addition, the study will furnish theopportunity for schools to describe theirfood purchase practices so thatinformation associated with food buyingefficiency can be provided to otherschools.

A nationally representative sample of400 School Food Authorities (SFAs)will be scientifically selected anddivided into four subsamples of 100SFAs each. Each subgroup of 100 SFAswill provide source documents (vendorsummaries, invoices, etc.) containingcomplete food purchase information forall food acquisitions made during one offour three-month periods. The quarterlysample design insures that data iscollected across the entire school yearand restricts the burden on any oneschool district to only three months ofdata collection. SFA food servicedirectors will also be asked to describeschool food purchase practices andschool food service operations.

Estimate of Burden: Public reportingburden for the collection of foodpurchase information is estimated toaverage 12 hours for each SFA and 1hour for the School Food PurchasePractices Questionnaire.

Respondents: The food servicedirectors will be responsible foraggregating source documents for thefood purchase data and responding tothe School Food Purchase PracticesSurvey.

Estimated Number of Respondents:400.

Estimated Number of Responses perRespondent: One.

Estimated Total Annual Burden onRespondents: 5,200 hours.

Copies of this information collectioncan be obtained from John Endahl,Office of Analysis and Evaluation, Foodand Consumer Service, U.S. Departmentof Agriculture, 3101 Park Center Drive,Alexandria, VA 22302.William E. Ludwig,Administrator, Food and Consumer Service.[FR Doc. 95–28192 Filed 11–14–95; 8:45 am]BILLING CODE 3410–30–M

Rural Utilities Service

Tri-State Generation and TransmissionAssociation, Inc.; Finding of NoSignificant Impact

AGENCY: Rural Utilities Service, USDA.ACTION: Notice of Finding of NoSignificant Impact.

SUMMARY: Notice is hereby given thatthe Rural Utilities Service (RUS) hasmade a finding of no significant impact(FONSI) with respect to the potentialenvironmental impact related to theconstruction of a new headquartersfacility proposed by Tri-StateGeneration and TransmissionAssociation, Inc. (Tri-State), ofThornton, Colorado. The proposedproject will be located on a site near theintersection of 116th Avenue and HuronStreet in the Town of Westminster inAdams County, Colorado.

RUS has concluded that theenvironmental impacts from theproposed project would not besignificant and that the proposed actionis not a major Federal actionsignificantly affecting the quality of thehuman environment. Therefore, thepreparation of an environmental impactstatement is not required.FOR FURTHER INFORMATION CONTACT:Lawrence R. Wolfe, SeniorEnvironmental Protection Specialist,Engineering and Environmental Staff,Ag Box 1569, South AgricultureBuilding, RUS, Washington, DC 20250,telephone: (202) 720–1784.SUPPLEMENTARY INFORMATION: RUS, inaccordance with its environmentalpolicies and procedures, required thatTri-State prepare a Borrower’sEnvironmental Report (BER) reflectingthe potential impacts of the proposedfacilities. The BER, which includesinput from Federal, State and localagencies and the public, has beenadopted as RUS’s EnvironmentalAssessment for the project inaccordance with 7 CFR 1794.61. RUShas concluded that the BER representsan accurate assessment of theenvironmental impacts of the project.The proposed project should have noimpact on cultural resources,floodplains, wetlands, importantfarmland, and federally listed orproposed for listing threatened orendangered species or their criticalhabitat.

57398 Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Notices

Alternatives considered to theproposed project included no action,expansion of Tri-State’s existingheadquarters facility, lease of new officespace, and construction of an annexbuilding at the existing headquarterssite. RUS has considered thesealternatives and concluded that theproject as proposed meets the needs ofTri-State to reduce overcrowding at thepresent facility, provide increased spacefor equipment storage, consolidateoperations done at various existingfacilities and provide adequate space forfuture expansion.

Copies of the BER and FONSI areavailable for review at RUS at theaddress provided herein; or can bereviewed at or obtained from the officeof Tri-State, 12076 Grant Street,Thornton, Colorado 80233, telephone(303) 452–6111, during normal businesshours.

Dated: November 7, 1995.Adam M. Golodner,Deputy Administrator, Program Operations.[FR Doc. 95–28193 Filed 11–14–95; 8:45 am]BILLING CODE 3410–15–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–423–602]

Industrial Phosphoric Acid fromBelgium; Preliminary Results ofAntidumping Duty AdministrativeReview

AGENCY: Import Administration,International Trade Administration,Department of Commerce.ACTION: Notice of Preliminary Results ofAntidumping Duty AdministrativeReview.

SUMMARY: In response to a request fromthe respondent, Soci•1t•1 ChimiquePrayon-Rupel (Prayon), the Departmentof Commerce (the Department) isconducting an administrative review ofthe antidumping duty order onindustrial phosphoric acid (IPA) fromBelgium. The review covers onemanufacturer, Prayon, and exports ofthe subject merchandise to the UnitedStates during the period August 1, 1993,through July 31, 1994.

We preliminarily determine that nomargin exists for Prayon for the periodAugust 1, 1993, through July 31, 1994.Interested parties are invited tocomment on these preliminary results.Parties who submit argument in thisproceeding are requested to submit withthe argument (1) a statement of the issue

and (2) a brief summary of theargument.EFFECTIVE DATE: November 15, 1995.FOR FURTHER INFORMATION CONTACT:David Genovese or Joseph Hanley,Office of Antidumping Compliance,Import Administration, InternationalTrade Administration, U.S. Departmentof Commerce, 14th Street andConstitution Avenue, N.W.,Washington, D.C. 20230, telephone:(202) 482–5254.


BackgroundOn August 3, 1994, the Department

published a notice of ‘‘Opportunity toRequest an Administrative Review’’ (59FR 39543) of the antidumping dutyorder on IPA from Belgium (52 FR31439; August 20, 1987). On August 31,1994, Prayon requested anadministrative review. The Departmentinitiated the review on September 16,1994 (59 FR 47609), covering the periodAugust 1, 1993, through July 31, 1994.The Department is conducting thisreview in accordance with section 751of the Tariff Act of 1930, as amended(the Act). Unless otherwise indicated,all citations to the statute and to theDepartment’s regulations are referencesto the provisions as they existed onDecember 31, 1994.

Scope of the ReviewThe products covered by this review

include shipments of IPA from Belgium.This merchandise is currently

classifiable under the Harmonized TariffSchedule (HTS) item number 2809.20.The HTS item numbers are provided forconvenience and U.S. Customspurposes. The written descriptionremains dispositive.

United States PriceIn calculating United States Price

(USP), the Department used purchaseprice, as defined in section 772(b) of theAct. The Department based USP on thedelivered price to unrelated purchasers.

The Department made deductions,where appropriate, for commissions,foreign inland freight, ocean freight,foreign inland freight and ocean freightinsurance, U.S. inland freight, U.S.brokerage fees and European brokeragefees associated with U.S. sales.Additionally, we adjusted USP for taxesthat would have been assessed onmerchandise had it been sold in thehome market.

In light of the Federal Circuit’sdecision in Federal Mogul v. UnitedStates, CAFC No. 94–1097, theDepartment has changed its treatment ofhome market consumption taxes. Where

merchandise exported to the UnitedStates is exempt from the consumptiontax, the Department will add to the U.S.price the absolute amount of such taxescharged on the comparison sales in thehome market. This is the samemethodology that the Departmentadopted following the decision of theFederal Circuit in Zenith v. UnitedStates, 988 F. 2d 1573, 1582 (1993), andwhich was suggested by that court infootnote 4 of its decision. The Court ofInternational Trade (CIT) overturnedthis methodology in Federal Mogul v.United States, 834 F. Supp. 1391 (1993),and the Department acquiesced in theCIT’s decision. The Department thenfollowed the CIT’s preferredmethodology, which was to calculatethe tax to be added to U.S. price bymultiplying the adjusted U.S. price bythe foreign market tax rate; theDepartment made adjustments to thisamount so that the tax adjustmentwould not alter a ‘‘zero’’ pre-taxdumping assessment.

The foreign exporters in the FederalMogul case, however, appealed thatdecision to the Federal Circuit, whichreversed the CIT and held that thestatute did not preclude Commerce fromusing the ‘‘Zenith footnote 4’’methodology to calculate tax-neutraldumping assessments (i.e., assessmentsthat are unaffected by the existence oramount of home market consumptiontaxes). Moreover, the Federal Circuitrecognized that certain internationalagreements of the United States, inparticular the General Agreement onTariffs and Trade (GATT) and the TokyoRound Antidumping Code, required thecalculation of tax-neutral dumpingassessments. The Federal Circuitremanded the case to the CIT withinstructions to direct Commerce todetermine which tax methodology itwill employ.

The Department has determined thatthe ‘‘Zenith footnote 4’’ methodologyshould be used. First, as the Departmenthas explained in numerousadministrative determinations and courtfilings over the past decade, and as theFederal Circuit has now recognized,Article VI of the GATT and Article 2 ofthe Tokyo Round Antidumping Coderequired that dumping assessments betax-neutral. This requirement continuesunder the new Agreement onImplementation of Article VI of theGeneral Agreement on Tariffs andTrade. Second, the URAA explicitlyamended the antidumping law toremove consumption taxes from thehome market price and to eliminate theaddition of taxes to U.S. price, so thatno consumption tax is included in theprice in either market. The Statement of

57399Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Notices

Administrative Action (p. 159)explicitly states that this change wasintended to result in tax neutrality.

While the ‘‘Zenith footnote 4’’methodology is slightly different fromthe URAA methodology, in that section772(d)(1)(C) of the pre-URAA lawrequired that the tax be added to UnitedStates price rather than subtracted fromhome market price, it does result in tax-neutral duty assessments. In sum, theDepartment has elected to treatconsumption taxes in a mannerconsistent with its longstanding policyof tax-neutrality and with the GATT.

No other adjustments were claimed orallowed.

Foreign Market Value

In calculating foreign market value(FMV), we used home market price, asdefined in section 773(a) of the Act,since quantities of merchandisesufficient to provide a reasonable basisfor comparison were sold in the homemarket. Home market price was basedon the delivered or FOB plant price tounrelated purchasers in the homemarket.

The Department made adjustments,where applicable, for inland freight,inland insurance, and for differences inpacking material and credit. We alsomade an adjustment for home marketindirect selling expenses up to theamount of U.S. commissions deductedfrom the U.S. price. Furthermore, sincethe respondent reported home marketsales net of consumption taxes, wecalculated the amount of such tax andadded the amount back to FMV.

No other adjustments were claimed orallowed.

Preliminary Results of Review

As a result of our comparison of USPto FMV, the Department preliminarilydetermines that no margin exists forPrayon for the period August 1, 1993,through July 31, 1994.

Interested parties may requestdisclosure within 5 days of the date ofpublication of this notice and mayrequest a hearing within 10 days ofpublication. Any hearing, if requested,will be held 44 days after the date ofpublication of this notice, or the firstworkday thereafter. Case briefs andwritten comments from interestedparties may be submitted not later than30 days after the date of publication.Rebuttal briefs and rebuttals to writtencomments, limited to the issues raisedin the case briefs and comments, may befiled not later than 37 days after the dateof publication. The Department willpublish the final results of thisadministrative review, including the

results of its analysis of any suchwritten comments or hearing.

The Department shall determine, andU.S. Customs shall assess, antidumpingduties on all appropriate entries. TheDepartment will issue appraisementinstructions directly to U.S. Customs.

Furthermore, the following depositrequirements will be effective for allshipments of the subject merchandise,entered or withdrawn from warehouse,for consumption on or after thepublication date of the final results ofthis administrative review, as providedby section 751(a)(1) of the Act: (1) thecash deposit rate for the reviewedcompany will be that rate established inthe final results of this administrativereview; (2) the cash deposit rate formerchandise exported by manufacturersor exporters not covered in this reviewbut covered in a previous review or theoriginal less-than-fair-value (LTFV)investigation, will continue to be therate published in the most recent finalresults or determination for which themanufacturer or exporter received acompany-specific rate; (3) if the exporteris not a firm covered in this review,earlier reviews, or the originalinvestigation, but the manufacturer is,the cash deposit rate will be thatestablished for the manufacturer of themerchandise in these final results ofreview, earlier reviews, or the originalinvestigation, whichever is the mostrecent; and (4) the ‘‘all others’’ rate, asdetermined in the LTFV investigation,will be 14.67 percent.

These deposit requirements, whenimposed, shall remain in effect untilpublication of the final results of thenext administrative review.

This notice serves as a preliminaryreminder to importers of theirresponsibility under 19 CFR 353.26 tofile a certificate regarding thereimbursement of antidumping dutiesprior to liquidation of the relevantentries during this review period.Failure to comply with this requirementcould result in the Secretary’spresumption that reimbursement ofantidumping duties occurred and thesubsequent assessment of doubleantidumping duties.

This administrative review and noticeare in accordance with section 751(a)(1)of the Act (19 U.S.C. 1675(a)(1)) and 19CFR 353.22.

Dated: November 6, 1995.Susan G. Esserman,Assistant Secretary for ImportAdministration.[FR Doc. 95–28242 Filed 11–14–95; 8:45 am]BILLING CODE 3510-DS-P

National Oceanic and AtmosphericAdministration

National Estuarine Research ReserveSystem

AGENCY: Office of Ocean and CoastalResource Management (OCRM),National Ocean Service (NOS), NationalOceanic and AtmosphericAdministration, Department ofCommerce.ACTION: Notice of public meeting inMoss Point, Mississippi on the siteselection process for the nomination ofa candidate site for the NationalEstuarine Research Reserve System.

SUMMARY: In accordance with section315 of the Coastal Zone ManagementAct of 1972, as amended, the State ofMississippi and the National Oceanicand Atmospheric Administration(NOAA) intend to conduct a publicmeeting on November 30, 1995 in MossPoint, Mississippi as part of NOAA’ssite selection process for the nominationof a candidate site for the NationalEstuarine Research Reserve (NERR)System.DATES: Thursday, November 30, 1995, at7:00 p.m.ADDRESSES: East Jackson CountyCommunity Center—Orange Grove,9313 Old State Road, Moss Point,Mississippi 39581.FOR FURTHER INFORMATION CONTACT:Mark W. LaSalle, MSU Coastal Researchand Extension Center at (601) 388–4710or Nathalie Peter, Program Specialist,Sanctuaries and Reserves Division,Office of Ocean and Coastal ResourceManagement, NOAA, at (301) 713–3132,ext. 119.SUPPLEMENTARY INFORMATION: The NERRSystem is dedicated to fostering asystem of estuarine reserves thatrepresents the wide range of coastal andestuarine habitats found in the UnitedStates. NOAA has developed aclassification scheme and typology ofnational estuarine areas that places thecoastlines of the United States intobiogeographic regions and subareas.

Site selection criteria are based onecological representativeness, value forresearch and education, and practicalcoastal management considerations. Thesite ultimately designated will be usedby researchers, educators, and thegeneral public to study estuarineecology and coastal issues that can aidin coastal policy making andmanagement decisions.

During the past year, the State ofMississippi in consultation with NOAAhas undertaken a process to identify asite which adequately represents the


major estuarine characteristics of theMississippi delta coastal ecosystem. Anestuary located in Mississippi would bethe first site to represent the MississippiDelta subarea of the LouisianianBiogeographic Region.

After consideration of several possiblesites along the Mississippi Gulf coast,the Mississippi National EstuarineResearch Reserve Site Selection andAdvisory Committee has selected theGrand Bay area of southeast Mississippias its candidate site for nomination asa potential NERR. The public meeting isbeing held to provide details and solicitcomments on this proposed site.

At the public meeting, the MississippiDepartment of Marine Resources andMississippi State University (MSU) willprovide an overview of the nationalNERR Program; a summary of theMississippi NERR initiative, includingthe site selection process and adescription of the proposed site; and anopen question and answer period.

Following the public meeting, a sitenomination document will bedeveloped based on existing researchdocuments and literature, andcomments received from NOAA, theMississippi National Estuarine ResearchReserve Site Selection and AdvisoryCommittee, and the general public. Thefinal site selection document will thenbe sent to the Governor of Mississippifor approval. If approved, the Governorwill forward the site selection packageand a nomination letter to NOAA forfinal clearance. A draft and finalEnvironmental Impact Statement andManagement Plan must be preparedprior to final site designation.

The public meeting will be held at7:00 p.m. on Thursday November 30,1995, at the East Jackson CountyCommunity Center—Orange Grove,9313 Old Stage Road, Moss Point,Mississippi 39581.

Interested parties who wish tocomment on the site selection areinvited to attend. For more information,contact Mark W. LaSalle, MSU CoastalResearch and Extension Center at (601)388–4710 or Nathalie Peter, ProgramSpecialist, Sanctuaries and ReservesDivision, Office of Ocean and CoastalResource Management, NOAA, at (301)713–3132, ext. 119.Federal Domestic Assistance Catalog Number11.420 (Coastal Zone Management) ResearchReserves

Dated: November 9, 1995.David L. Evans,Acting Deputy Assistant Administrator forOcean Services and Coastal ZoneManagement.[FR Doc. 95–28228 Filed 11–14–95; 8:45 am]BILLING CODE 3510–08–M

[I.D. 110695B]

Endangered Species; Permits

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.

ACTION: Issuance of modification 3 topermit 822 (P500B).

SUMMARY: Notice is hereby given thatNMFS has issued a modification to apermit that authorizes a take of listedspecies for the purpose of scientificresearch and enhancement, subject tocertain conditions set forth therein, tothe Fish Passage Center (FPC) located inPortland, OR.

ADDRESSES: The applications andrelated documents are available forreview in the following offices, byappointment:

Office of Protected Resources, F/PR8,NMFS, 1315 East-West Highway, SilverSpring, MD 20910–3226 (301-713-1401);and

Environmental and TechnicalServices Division, F/NWO3, NMFS, 525NE Oregon Street, Portland, OR 97232–4169 (503–230–5400).

SUPPLEMENTARY INFORMATION:Modification 3 to permit 822 was issuedunder the authority of section 10 of theEndangered Species Act of 1973 (ESA)(16 U.S.C. 1531–1543) and the NMFSregulations governing listed fish andwildlife permits (50 CFR parts 217–222).

Modification 3 to permit 822 wasissued on October 24, 1995. Thebackground and description ofmodification 3 to permit 822 werepublished with the notice of receipt ofthe application and request forcomments on July 6, 1995 (60 FR 35178)and are not repeated here. Modification3 is valid for the duration of the permit.Permit 822 expires on December 31,1997.

Issuance of this permit modification,as required by the ESA, was based ona finding that such action: (1) Wasapplied for in good faith, (2) will notoperate to the disadvantage of the listedspecies that is the subject of the permit,and (3) is consistent with the purposesand policies set forth in section 2 of theESA and the NMFS regulationsgoverning listed species permits.

Dated: November 8, 1995.Russell J. Bellmer,Chief, Endangered Species Division, Officeof Protected Resources, National MarineFisheries Service.[FR Doc. 95–28206 Filed 11–14–95; 8:45 am]BILLING CODE 3510–22–F

[I.D. 101395D]

Marine Mammals and EndangeredSpecies

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application for ascientific research permit (P597).

SUMMARY: Notice is hereby given thatMr. Michael Kundu of ArcturusAdventure Communications, 1026–A56th Street SE, Everett, WA 98203 hasapplied in due form for a permit to takeseveral species of marine mammals forphotographic purposes.DATES: Written comments must bereceived on or before December 15,1995.ADDRESSES: The application and relateddocuments are available for reviewupon written request or by appointmentin the following office(s):

Permits Division, Office of ProtectedResources, NMFS, 1315 East-WestHighway, Room 13130, Silver Spring,MD 20910 (301/713–2289); and

Director, Northwest Region, NMFS,7600 Sand Point Way, NE, BIN C15700,Building 1, Seattle, WA 98115–0070(206/526–6150).

Written data or views, or requests fora public hearing on this request, shouldbe submitted to the Director, Office ofProtected Resources, NMFS, 1315 East-West Highway, Room 13130, SilverSpring, MD 20910. Those individualsrequesting a hearing should set forth thespecific reasons why a hearing on thisparticular request would be appropriate.FOR FURTHER INFORMATION CONTACT:Jeannie Drevenak, Permits Division,301/713–2289.SUPPLEMENTARY INFORMATION: Thesubject permit is requested under theauthority of § 104(c)(6) of the MarineMammal Protection Act of 1972, asamended (16 U.S.C. 1361 et seq.), theRegulations Governing the Taking andImporting of Marine Mammals (50 CFRpart 216). Section 104(c)(6) provides forphotography for educational orcommercial purposes involving non-endangered and non-depleted marinemammals in the wild. NMFS iscurrently working on proposedregulations to implement this provision.However, in the meantime, NMFS hasreceived and is processing this requestas a ‘‘pilot’’ application for Level BHarassment of non-listed and non-depleted marine mammals forphotographic purposes. The applicantseeks authorization to photograph thefollowing marine mammals: Harbor seal(Phoca vitulina); California sea lion


(Zalaphus californianus); Steller sealion (Eumetepias jubatus); Northernelephant seal (Mirounga angustirostris);killer whale (Orcinus orca); Gray whale(Eschrichtius robustus); minke whale(Balaenoptera acutorostrata); Dall’sporpoise (Phocoenoides dalli); harborporpoise (Phocoena phocoena); andPacific white-sided dolphin(Lagenorhynchus obliquidens).Although the applicant has requestedauthority to harass Steller sea lions, hehas been advised that suchauthorization is not possible inasmuchas this species is listed as ‘‘Threatened’’under the Endangered Species Act. Theapplicant proposes to initiate this workon January 1, 1996.

Concurrent with the publication ofthis notice in the Federal Register,NMFS is forwarding copies of thisapplication to the Marine MammalCommission and its Committee ofScientific Advisors.

Dated: October 20, 1995.Ann D. Terbush,Chief, Permits and Documentation Division,Office of Protected Resources, NationalMarine Fisheries Service.[FR Doc. 95–28203 Filed 11–14–95; 8:45 am]BILLING CODE 3510–22–F

[I.D. 103195A]


AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application for ascientific research permit (P405B).

SUMMARY: Notice is hereby given thatThe Burke Museum Box 353010,University of Washington, Seattle, WA98195–3010 has applied in due form tocontinue to obtain, archive, import andexport an unspecified number of dead-salvaged marine mammals and/or partsthereof, world wide, over a five yearperiod.DATES: Written comments must bereceived on or before December 15,1995.ADDRESSES: The application and relateddocuments are available for reviewupon written request or by appointmentin the following office(s):

Permits Division, Office of ProtectedResources, NMFS, 1315 East-WestHighway, Room 13130, Silver Spring,MD 20910 (301/713–2289); and

Director, Northwest Region, NMFS,7600 Sandpoint Way, NE BIN C15700,Bldg. 1, Seattle, WA 98115–0070 (206/526–6150); Director, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK99802–1668 (907/586–7221);

Director, Southwest Region, NMFS,501 West Ocean Blvd., Suite 4200, LongBeach, CA 90802–4213 (310/980–4001);

Director, Northeast Region, NMFS,One Blackburn Drive, Gloucester, MA01930–2298 (508/281–9250); and

Director, Southeast Region, NMFS,9721 Executive Center Drive, St.Petersburg, FL 33702–2432 (813/570–5301).

Written data or views, or requests fora public hearing on this request, shouldbe submitted to the Director, Office ofProtected Resources, NMFS, 1315 East-West Highway, Room 13130, SilverSpring, MD 20910. Those individualsrequesting a hearing should set forth thespecific reasons why a hearing on thisparticular request would be appropriate.

FOR FURTHER INFORMATION CONTACT:Trevor Spradlin, Permits Division, 301/713–2289.

SUPPLEMENTARY INFORMATION: Thesubject permit is requested under theauthority of the Marine MammalProtection Act of 1972, as amended (16U.S.C. 1361 et seq.), the RegulationsGoverning the Taking and Importing ofMarine Mammals (50 CFR part 216), theEndangered Species Act of 1973, asamended (16 U.S.C. 1531 et seq.), theregulations governing the taking,importing, and exporting of endangeredfish and wildlife (50 CFR parts 217–222), the Fur Seal Act of 1966, asamended (16 U.S.C. 1151 et seq.), andfur seal regulations at 50 CFR part 215.

The applicant seeks authorization forpurposes of scientific research tocontinue to salvage and/or import/export, over a five year period, carcassesand/or specimen materials from anunspecified number of all species ofmarine mammals of any age and of bothsexes. Specimens will be obtained fromdead, naturally stranded animals and/orfrom animals legally taken (killed) inthe country of origin as a result offishery interactions, aboriginal takes, oras a part of research or managementprograms. U.S. Pacific marine mammalstocks will be the primary source for thecollection, however, species with aworld wide distribution have also beenrequested. Activities are requested tocontinue beginning January 1, 1996.


Dated: November 3, 1995.Ann D. Terbush,Chief, Permits and Documentation Division,Office of Protected Resources, NationalMarine Fisheries Service.[FR Doc. 95–28202 Filed 11–14–95; 8:45 am]BILLING CODE 3510–22–F

[I.D. 110795B]


AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.

ACTION: Issuance of amendment 3 topermit 802.

SUMMARY: Notice is hereby given that onOctober 19, 1995, NMFS issuedAmendment 3 to Permit Number 802 toDr. Andr̀e Landry of Texas A&MUniversity (P512) to take listed seaturtles for the purpose of scientificresearch, subject to certain conditionsset forth therein.

ADDRESSES: The permit and relateddocuments are available for review byappointment in the following offices:

Office of Protected Resources, F/PR8,NMFS, 1315 East-West Hwy., Room13307, Silver Spring, MD 20910–3226(301–713–1401); and

Director, Southeast Region, NMFS,NOAA 9721 Executive Center Drive, St.Petersburg, FL 33702–2432 (813–893–3141).

SUPPLEMENTARY INFORMATION: Thisamendment restricts sea turtle nettingactivities to waters shallower than 4feet, and was issued in accordance withthe Endangered Species Act of 1973(ESA) (16 U.S.C. 1531–1543) and NMFSregulations governing listed fish andwildlife permits (50 CFR parts 217–222).

Issuance of this amendment, asrequired by the ESA, was based on afinding that: (1) The permit was appliedfor in good faith, (2) the amendedpermit will not operate to thedisadvantage of the listed species thatare the subject of the amendment, and(3) the amended permit is consistentwith the purposes and policies set forthin section 2 of the ESA.



[I.D. 103195C]


AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application for ascientific research permit (P254D).

SUMMARY: Notice is hereby given thatthe Pacific Whale Foundation 101 KiheiRoad, Kihei, HI 96753 has applied indue form for a permit to take humpbackwhales (Megaptera novaeangliae) forpurposes of scientific research.DATES: Written comments must bereceived on or before December 15,1995.ADDRESSES: The application and relateddocuments are available for reviewupon written request or by appointmentin the following office(s):

Permits Division, Office of ProtectedResources, NMFS, 1315 East-WestHighway, Room 13130, Silver Spring,MD 20910 (301/713–2289);

Director, Southwest Region, NMFS,501 West Ocean Boulevard, Suite 4200,Long Beach, CA 90802–4213 (310/980–4001); and

Coordinator, Pacific Area Office,NMFS, 2570 Dole Street, Room 106,Honolulu, HI 96822–2396 (808/973–2937).

Written data or views, or requests fora public hearing on this request, shouldbe submitted to the Director, Office ofProtected Resources, NMFS, 1315 East-West Highway, Room 13130, SilverSpring, MD 20910. Those individualsrequesting a hearing should set forth thespecific reasons why a hearing on thisparticular request would be appropriate.FOR FURTHER INFORMATION CONTACT:Jeannie Drevenak, Permits Division,301/713–2289.SUPPLEMENTARY INFORMATION: Thesubject permit is requested under theauthority of the Marine MammalProtection Act of 1972, as amended (16U.S.C. 1361 et seq.), the RegulationsGoverning the Taking and Importing ofMarine Mammals (50 CFR part 216), theEndangered Species Act of 1973, asamended (16 U.S.C. 1531 et seq.), andthe regulations governing the taking,importing, and exporting of endangeredfish and wildlife (50 CFR parts 217–222).

The permit application requestsauthorization to conduct scientificresearch (i.e., photo-identification,behavioral observations, and acousticrecordings) on up to 1000 humpbackwhales (Megaptera novaeangliae) inHawaiian waters over a 5-year period.

Concurrent with the publication of thisnotice in the Federal Register, NMFS isforwarding copies of this application tothe Marine Mammal Commission andits Committee of Scientific Advisors.

Dated: October 31, 1995.Ann D. Terbush,Chief, Permits and Documentation Division,Office of Protected Resources, NationalMarine Fisheries Service.[FR Doc. 95–28198 Filed 11–14–95; 8:45 am]BILLING CODE 3510–22–F

Marine Mammals

[I.D. 101395E]

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application to modifypermit no. 888 (P559).

SUMMARY: Notice is hereby given thatMr. Hiroyuki Suganuma, OgawawaraMarine Center, Byobundani, ChichijimaOgasawara-mura, Toyko 100–21, Japan,has requested a modification to PermitNo. 888.DATES: Written comments must bereceived on or before December 15,1995.ADDRESSES: The modification requestand related documents are available forreview upon written request or byappointment in the following office(s):

Permits Division, Office of ProtectedResources, NMFS, 1315 East-WestHighway, Room 13130, Silver Spring,MD 20910 (301/713–2289);

Director, Southwest Region, NMFS,501 West Ocean Blvd, Suite 4200, LongBeach, CA 90802–4213 (310/980–4001);and

Coordinator, Pacific Area Office,Southwest Region, National MarineFisheries Service, 2570 Dole Street,Room 106, Honolulu, HI 96822–2396(808/973–2987).

Written data or views, or requests fora public hearing on this request shouldbe submitted to the Chief, PermitsDivision, F/PR1, Office of ProtectedResources, Silver Spring, MD 20910.Those individuals requesting a hearingshould set forth the specific reasonswhy a hearing on this particular requestwould be appropriate.FOR FURTHER INFORMATION CONTACT:Jeannie Drevenak, 301/713–2289.SUPPLEMENTARY INFORMATION: Thesubject modification is requested underthe authority of the Marine MammalProtection Act of 1972, as amended (16U.S.C. 1361 et seq.), the RegulationsGoverning the Taking and Importing ofMarine Mammals (50 CFR part 216), the

Endangered Species Act of 1973, asamended (16 U.S.C. 1531 et seq.), andthe regulations governing the taking,importing, and exporting of endangeredfish and wildlife (50 CFR part 222).

Permit No. 888 authorizes the PermitHolder to potentially harass up to 400humpback whales (Megapteranovaeangliae) annually over a 5-yearperiod during the course of photo-identification studies in waters off theNorthern Mariana Islands. The PermitHolder is now requesting authorizationto expand the research locations toinclude Rota, Guam, and Wake Islands.


Dated: October 20, 1995.Ann D. Terbush,Chief, Permits and Documentation Division,Office of Protected Resources, NationalMarine Fisheries Service.


[I.D. 110695A]


AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of two applications forscientific research permits (P599 andP600).

SUMMARY: Notice is hereby given thatthe California Department of WaterResources in Sacramento, CA (CDWR)and California State University at Chico,CA (CSU) have applied in due form forpermits to take juvenile, endangered,Sacramento River winter-run chinooksalmon (Oncorhynchus tshawytscha) forthe purpose of scientific research.

DATES: Written comments or requests fora public hearing on either of theseapplications must be received on orbefore December 15, 1995.

ADDRESSES: The applications andrelated documents are available forreview in the following offices, byappointment:

Office of Protected Resources, F/PR8,NMFS, 1315 East-West Highway, SilverSpring, MD 20910–3226 (301–713–1401); and

Director, Southwest Region, NMFS,NOAA, 501 West Ocean Blvd., Suite


4200, Long Beach, CA 90802–4213(310–980–4016).

Written comments or requests for apublic hearing should be submitted tothe Chief, Endangered Species Division,Office of Protected Resources.SUPPLEMENTARY INFORMATION: CDWRand CSU request permits under theauthority of section 10 of theEndangered Species Act of 1973 (ESA)(16 U.S.C. 1531–1543) and the NMFSregulations governing listed fish andwildlife permits (50 CFR parts 217–227).

CDWR (P599) requests a 3-year permitto collect non-lethal fin tissue samplesfrom juvenile chinook salmon forgenetic research. The goal is to developa technique to distinguish betweenCalifornia’s Central Valley chinookraces in a mixed-stock population,particularly winter-run, based on ananalysis of the nuclear DNA materialfrom the fin tissue samples. CDWR willobtain juvenile fish from the U.S. Fishand Wildlife Service and the CaliforniaDepartment of Fish and Game, agenciesthat are authorized to capture andhandle listed fish under separateauthorizations. CDWR proposes toanesthetize the juvenile fish, excise a 1mm2 piece of caudal fin tissue usingdisinfected stainless steel scissors, allowthe fish to recover from the anesthetic,and release the fish back into thewatershed.

CSU (P600) requests a 3-year permitto assess the use of the non-natal rearinghabitat in the Central Valley by juvenilechinook salmon, specifically the small,intermittent tributaries. This knowledgemay be important to protecting listedfish populations since many of thesmaller tributaries are being degraded.CSU proposes to capture listed juvenileswith a nylon seine, anesthetize the fish,obtain biological information, allow thefish to recover from the anesthetic, andrelease the fish into the habitat fromwhich they were captured.

Those individuals requesting ahearing (see ADDRESSES) should set outthe specific reasons why a hearing oneither application would be appropriate.The holding of such hearing is at thediscretion of the AssistantAdministrator for Fisheries, NOAA. Allstatements and opinions contained inthese application summaries are thoseof the applicants and do not necessarilyreflect the views of NMFS.


CORPORATION FOR NATIONAL ANDCOMMUNITY SERVICE

Civilian Community Corps AdvisoryBoard Meeting

AGENCY: Corporation for NationalCommunity Service.ACTION: Notice of meeting.

SUMMARY: The Corporation for Nationaland Community Service, gives noticeunder Public Law 92–463 (FederalAdvisory Committee Act), that it willhold a meeting of the CivilianCommunity Corps (CCC) AdvisoryBoard. The board advises the Director ofthe CCC concerning the administrationof the program and assists in thedevelopment and administration of theCorps. This meeting of the Board willdiscuss the progress to date and futuredirection of the program. The meetingwill be open to the public up to theseating capacity of the room.DATES: December 5, 1995, 9:00 a.m.-4:00p.m.ADDRESSES: Corporation for NationalService, 1201 New York Ave. 8th FloorNW, Washington, DC.FOR FURTHER INFORMATION CONTACT:To assure adequate accommodation,contact Ms. Annalisa Robles, SpecialEvents Coordinator, CNS at 1201 NewYork Ave., NW, Washington, DC 20525;(202) 606–5000 ext. 153 or (202) 606–5000 (TDD) prior to December 5, 1995.Donald L. Scott,Director, NCCC.[FR Doc. 95–28179 Filed 11–14–95; 8:45 am]BILLING CODE 6050–28–M

COMMITTEE FOR THEIMPLEMENTATION OF TEXTILEAGREEMENTS

Adjustment of Import Limits for CertainCotton and Man-Made Fiber TextileProducts Produced or Manufactured inGuatemala

November 7, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs adjustinglimits.

EFFECTIVE DATE: November 15, 1995.FOR FURTHER INFORMATION CONTACT:Jennifer Aldrich, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these limits, refer to theQuota Status Reports posted on the

bulletin boards of each Customs port orcall (202) 927–5850. For information onembargoes and quota re-openings, call(202) 482–3715.SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

The current limit for Categories 340/640 is being increased by application ofswing, reducing the limit for Categories351/651 to account for the increase.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994). Alsosee 60 FR 14931, published on March21, 1995.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the Uruguay RoundAgreements Act and the Uruguay RoundAgreement on Textiles and Clothing, butare designed to assist only in theimplementation of certain of theirprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.

Committee for the Implementation of TextileAgreementsNovember 7, 1995.Commissioner of Customs,Department of the Treasury, Washington, DC

20229.Dear Commissioner: This directive

amends, but does not cancel, the directiveissued to you on March 15, 1995, by theChairman, Committee for the Implementationof Textile Agreements. That directiveconcerns imports of certain cotton, wool andman-made fiber textile products, produced ormanufactured in Guatemala and exportedduring the twelve-month period which beganon January 1, 1995 and extends throughDecember 31, 1995.

Effective on November 15, 1995, you aredirected to adjust the limits for the followingcategories, as provided under the provisionsof the Uruguay Round Agreements Act andthe Uruguay Round Agreement on Textilesand Clothing:

Category Adjusted twelve-month limit 1

340/640 ..................... 1,197,756 dozen.351/651 ..................... 216,991 dozen.

1 The limits have not been adjusted to ac-count for any imports exported after December31, 1994.

The guaranteed access levels remainunchanged.


The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception to the rulemaking provisions of 5U.S.C. 553(a)(1).

Sincerely,D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.[FR Doc. 95–28085 Filed 11–14–95; 8:45 am]BILLING CODE 3510–DR–P

Shipments of Cotton, Wool, Man-MadeFiber, Silk Blend and Other VegetableFiber Textiles and Apparel in Excess ofAgreement Limits

November 8, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Notice.

FOR FURTHER INFORMATION CONTACT: RossArnold or Janet Heinzen, InternationalTrade Specialists, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212.

SUPPLEMENTARY INFORMATION:Authority: Executive Order 11651 of March

3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

It has come to CITA’s attention thatsome textile and apparel products maybe shipped in excess of 1995 limits withthe expectation that they will be enteredand charged against the limits of the1996 quota year. This notice serves toremind interested parties that chargesagainst the limits subject to U.S.bilateral agreements, the UruguayRound Agreements Act and the UruguayRound Agreement on Textiles andClothing (ATC) are by date of export andnot date of entry. Shipments made inone year in excess of agreed limits arein violation of the terms of theagreements.

It has been the practice of theCommittee for the Implementation ofTextile Agreements (CITA) to chargemerchandise exceeding the limit(s)established for one quota period, ifentered or withdrawn from warehousefor consumption, to the limit(s)established for the immediatelysubsequent quota period. The purposeof this notice is to advise the public thatCITA reserves the right under thebilateral agreements, the UruguayRound Agreements Act and the ATC todeny entry permanently to goods whichhave been overshipped, or to allowentry and charge to the followingrestraint period merchandise exportedduring a prior quota period which

exceeds the restraint limit(s) establishedfor that period.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.[FR Doc. 95–28239 Filed 11–14–95; 8:45 am]BILLING CODE 3510–DR–F

Announcement of Levels for CertainCotton, Wool and Man-Made FiberTextile Products Produced orManufactured in the United MexicanStates

November 8, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs establishinglevels under the North America FreeTrade Agreement.

EFFECTIVE DATE: January 1, 1996.FOR FURTHER INFORMATION CONTACT:Naomi Freeman, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these levels, refer to theQuota Status Reports posted on thebulletin boards of each Customs port orcall (202) 927–6711. For information onembargoes and quota re-openings, call(202) 482–3715.



In order to implement Annex 300–Bof the North America Free TradeAgreement (NAFTA), restrictions andconsultation levels for certain cotton,wool and man-made fiber textileproducts from Mexico are beingestablished for the period beginning onJanuary 1, 1996 and extending throughDecember 31, 1996.

These restrictions and consultationlevels do not apply to NAFTAoriginating goods, as defined in Annex300–B, Chapter 4 and Annex 401 of theagreement. In addition, restrictions andconsultation levels do not apply totextile and apparel goods that areassembled in Mexico from fabricswholly formed and cut in the UnitedStates and exported from and re-imported into the United States underU.S. tariff item 9802.00.90.

In the letter published below, theChairman of CITA directs theCommissioner of Customs to implementlevels for the 1996 period.

A description of the textile andapparel categories in terms of HTS

numbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994).

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of NAFTA, but aredesigned to assist only in theimplementation of certain of itsprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: Under the terms of

section 204 of the Agricultural Act of 1956,as amended (7 U.S.C. 1854), and theprovisions of Executive Order 11651 ofMarch 3, 1972, as amended; and pursuant tothe North America Free Trade Agreement(NAFTA) between the Governments of theUnited States, the United Mexican States andCanada, you are directed to prohibit, effectiveon January 1, 1996, entry into the UnitedStates for consumption and withdrawal fromwarehouse for consumption of cotton, wooland man-made fiber textile products in thefollowing categories, produced ormanufactured in Mexico and exported duringthe twelve-month period beginning onJanuary 1, 1996 and extending throughDecember 31, 1996, in excess of the followinglevels:

Category Twelve-month level

219 ........................ 9,438,000 square me-ters.

313 ........................ 16,854,000 square me-ters.

314 ........................ 6,966,904 square me-ters.

315 ........................ 6,966,904 square me-ters.

317 ........................ 8,427,000 square me-ters.

338/339/638/639 ... 650,000 dozen.340/640 ................. 137,788 dozen.347/348/647/648 ... 650,000 dozen.410 ........................ 397,160 square meters.433 ........................ 11,000 dozen.443 ........................ 162,240 numbers.611 ........................ 1,267,710 square me-

ters.633 ........................ 10,000 dozen.643 ........................ 155,556 numbers.

Imports charged to these category levels forthe period January 1, 1995 through December31, 1995 shall be charged against those levelsof restraint to the extent of any unfilledbalances. In the event the levels establishedfor that period have been exhausted byprevious entries, such goods shall be subjectto the levels set forth in this directive.


The levels set forth above are subject toadjustment in the future pursuant to theprovisions of Annex 300–B of the NAFTA.

The foregoing levels do not apply toNAFTA originating goods, as defined inAnnex 300–B, Chapter 4 and Annex 401 ofthe agreement. In addition, restrictions andconsultation levels do not apply to textileand apparel goods that are assembled inMexico from fabrics wholly formed and cutin the United States and exported from andre-imported into the United States under U.S.tariff item 9802.00.90.

In carrying out the above directions, theCommissioner of Customs should construeentry into the United States for consumptionto include entry for consumption into theCommonwealth of Puerto Rico.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception of the rulemaking provisions of 5U.S.C. 553(a)(1).

Sincerely,D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.[FR Doc. 95–28240 Filed 11–14–95; 8:45 am]BILLING CODE 3510–DR–F

Announcement of an Import RestraintLimit for Certain Wool Textile ProductsProduced or Manufactured in Ukraine

November 8, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs establishing alimit.

EFFECTIVE DATE: January 1, 1996.FOR FURTHER INFORMATION CONTACT:Naomi Freeman, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of this limit, refer to theQuota Status Reports posted on thebulletin boards of each Customs port orcall (202) 927–5850. For information onembargoes and quota re-openings, call(202) 482–3715.SUPPLEMENTARY INFORMATION:


A Memorandum of Understanding(MOU) dated May 6, 1995, between theGovernments of the United States andUkraine establishes a limit for textileproducts in Category 435 for the periodJanuary 1, 1996 through December 31,1996.

This limit is subject to revisionpursuant to the Uruguay RoundAgreements Act and the Uruguay RoundAgreement of Textiles and Clothing

(ATC). On the date that Ukrainebecomes a member of the World TradeOrganization the restraint limit will bemodified in accordance with the ATC.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994).Information regarding the 1996CORRELATION will be published in theFederal Register at a later date.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the MOU, but aredesigned to assist only in theimplementation of certain of itsprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: Under the terms of

section 204 of the Agricultural Act of 1956,as amended (7 U.S.C. 1854); pursuant to theMemorandum of Understanding dated May 6,1995 between the Governments of the UnitedStates and Ukraine; and in accordance withthe provisions of Executive Order 11651 ofMarch 3, 1972, as amended, you are directedto prohibit, effective on January 1, 1996,entry into the United States for consumptionand withdrawal from warehouse forconsumption of wool textile productsCategory 435, produced or manufactured inUkraine and exported during the twelve-month period beginning on January 1, 1996and extending through December 31, 1996, inexcess of 85,850 dozen.

Imports charged to this category limit forthe period January 1, 1995 through December31, 1995, shall be charged against that levelof restraint to the extent of any unfilledbalance. In the event the limit established forthat period has been exhausted by previousentries, such goods shall be subject to thelevel set forth in this directive.

Should Ukraine become a member of theWorld Trade Organization (WTO), the limitset forth above will be subject to adjustmentin the future pursuant to the provisions of theUruguay Round Agreements Act, theUruguay Round Agreement on Textiles andClothing, and any administrativearrangement notified to the TextilesMonitoring Body.

In carrying out the above directions, theCommissioner of Customs should construeentry into the United States for consumptionto include entry for consumption into theCommonwealth of Puerto Rico.

The Committee for the Implementation ofTextile Agreements has determined that this

action falls within the foreign affairsexception of the rulemaking provisions of 5U.S.C. 553(a)(1).


Adjustment of Import Limits for CertainCotton and Man-Made Fiber TextileProducts Produced or Manufactured inTaiwan

November 8, 1995.

AGENCY: Committee for theImplementation of Textile Agreements(CITA).

ACTION: Issuing a directive to theCommissioner of Customs adjustinglimits.


FOR FURTHER INFORMATION CONTACT:Jennifer Aldrich, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these limits, refer to theQuota Status Reports posted on thebulletin boards of each Customs port orcall (202) 927–5850. For information onembargoes and quota re-openings, call(202) 482–3715.



The current limits for certaincategories are being adjusted for swingand special shift.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994). Alsosee 60 FR 17333, published on April 5,1995.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the bilateralagreement, but are designed to assist


only in the implementation of certain ofits provisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: This directive

amends, but does not cancel, the directiveissued to you on Deceber 19, 1994, by theChairman, Committee for the Implementationof Textile Agreements. That directiveconcerns imports of certain cotton, wool,man-made fiber, silk blend and othervegetable fiber textiles and textile products,produced or manufactured in Taiwan andexported during the twelve-month periodwhich began on January 1, 1995 and extendsthrough December 31, 1995.

Effective on November 9, 1995, you aredirected to amend the directive datedDecember 19, 1994 to adjust the limits for thefollowing categories, as provided for underthe current bilateral textile agreementconcerning textile products from Taiwan:

Category Adjusted twelve-monthlimit 1

Levels in Group I363 ........................... 12,739,650 numbers.Levels in Group II345 ........................... 119,105 dozen.435 ........................... 24,910 dozen.442 ........................... 43,071 dozen.444 ........................... 73,037 numbers.

1 The limits have not been adjusted to ac-count for any imports exported after December31, 1994.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception to the rulemaking provisions of 5U.S.C. 553(a)(1).


Cancellation of a Limit on CertainCotton and Man-Made Fiber TextileProducts Produced or Manufactured inCosta Rica

November 8, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs cancelling alimit.

EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT:Jennifer Aldrich, International Trade

Specialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212.



The United States Government hasdecided to rescind the restraint onimports of cotton and man-made fibernightwear and pajamas in Categories351/651 from Costa Rica established onSeptember 26, 1995 pursuant to Article6.10 of the Uruguay Round Agreementon Textiles and Clothing (ATC).

In the letter published below, theChairman of CITA directs theCommissioner of Customs to cancel thelimit established for Categories 351/651for the period June 29, 1995 throughJune 28, 1996.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994). Alsosee 60 FR 49587, published onSeptember 26, 1995.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: This directive cancels

and supersedes the directive issued to you onSeptember 22, 1995, by the Chairman,Committee for the Implementation of TextileAgreements. That directive concerns importsof cotton and man-made fiber textileproducts in Categories 351/651, produced ormanufactured in Costa Rica and exportedduring the period which began on June 29,1995 and extends through June 28, 1996.

Effective on November 16, 1995, you aredirected to cancel the limit established forCategories 351/651 for the period June 29,1995 through June 28, 1996.

The Committee for the Implementation ofTextile Agreements has determined that thisaction falls within the foreign affairsexception to the rulemaking provisions of 5U.S.C.553(a)(1).Sincerely,D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.[FR Doc.95–28238 Filed 11–14–95; 8:45 am]BILLING CODE 3510–DR–F

Denial of Participation in the SpecialAccess Program

November 8, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs denying theright to participate in the Special AccessProgram.

EFFECTIVE DATE: November 15, 1995.FOR FURTHER INFORMATION CONTACT: LoriE. Mennitt, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–3400.SUPPLEMENTARY INFORMATION:


The Committee for theImplementation of Textile Agreements(CITA) has determined that NewContinental Sportswear is in violation ofthe requirements set forth forparticipation in the Special AccessProgram.

In the letter published below, theChairman of CITA directs theCommissioner of Customs, effective onNovember 15, 1995, to deny NewContinental Sportswear the right toparticipate in the Special AccessProgram, for a period of three months,from November 15, 1995 throughFebruary 14, 1996.

Requirements for participation in theSpecial Access Program are available inFederal Register notices 51 FR 21208,published on June 11, 1986; 52 FR26057, published on July 10, 1987; 54FR 50425, published on December 6,1989; and 58 FR 41245, published onAugust 3, 1993.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: The purpose of this

directive is to notify you that the Committeefor the Implementation of Textile Agreementshas determined that New ContinentalSportswear is in violation of therequirements for participation in the SpecialAccess Program.

Effective on November 15, 1995, you aredirected to prohibit New ContinentalSportswear from further participation in theSpecial Access Program, for a period of threemonths, from November 15, 1995 throughFebruary 14, 1996. For the period November


15, 1995 through February 14, 1996, goodsaccompanied by Form ITA–370P which arepresented to U.S. Customs for entry underthe Special Access Program will not beaccepted. In addition, for the periodNovember 15, 1995 through February 14,1996, you are directed not to sign ITA–370Pforms for export of U.S.-formed and cut fabricfor New Continental Sportswear.


DEPARTMENT OF EDUCATION

Notice of Proposed InformationCollection Requests

AGENCY: Department of Education.ACTION: Notice of Proposed InformationCollection Requests.

SUMMARY: The Director, InformationResources Group, invites comments onthe proposed information collectionrequests as required by the PaperworkReduction Act of 1995.DATES: Interested persons are invited tosubmit comments on or before January16, 1996.ADDRESSES: Written comments andrequests for copies of the proposedinformation collection requests shouldbe addressed to Patrick J. Sherrill,Department of Education, 600Independence Avenue, S.W., Room5624, Regional Office Building 3,Washington, DC 20202–4651, or shouldbe electronic mailed to the Internetaddress #[email protected], or should befaxed to 202–708–9346.FOR FURTHER INFORMATION CONTACT:Patrick J. Sherrill, (202) 708–9186.Individuals who use atelecommunications device for the deaf(TDD) may call the Federal InformationRelay Service (FIRS) at 1–800–877–8339between 8 a.m. and 8 p.m., Eastern time,Monday through Friday.SUPPLEMENTARY INFORMATION: Section3506 of the Paperwork Reduction Act of1995 (44 U.S.C. Chapter 35) requiresthat the Department of Education (ED)provide interested Federal agencies andthe public an early opportunity tocomment on information collectionrequests. The Office of Management andBudget (OMB) may amend or waive therequirement for public consultation tothe extent that public participation inthe approval process would defeat thepurpose of the information collection,violate State or Federal law, orsubstantially interfere with any agency’sability to perform its statutory

obligations. The Director of theInformation Resources Group, publishesthis notice containing proposedinformation collection requests at thebeginning of the Departmental review ofthe information collection. Eachproposed information collection,grouped by office, contains thefollowing: (1) Type of review requested,e.g., new, revision, extension, existingor reinstatement; (2) Title; (3) Summaryof the collection; (4) Description of theneed for, and proposed use of, theinformation; (5) Respondents andfrequency of collection; and (6)Reporting and/or Recordkeepingburden. ED invites public comment atthe address specified above. Copies ofthe requests are available from Patrick J.Sherrill at the address specified above.

The Department of Education isespecially interested in public commentaddressing the following issues: (1) isthis collection necessary to the properfunctions of the Department, (2) willthis information be processed and usedin a timely manner, (3) is the estimateof burden accurate, (4) how might theDepartment enhance the quality, utility,and clarity of the information to becollected, and (5) how might theDepartment minimize the burden of thiscollection on the respondents, includingthrough the use of informationtechnology.

Dated: November 8, 1995.Gloria Parker,Director, Information Resources Group.

Office of Elementary and SecondaryEducation

Type of Review: Revision.Title: Family Literacy Migrant

Education Even Start Program.Frequency: Annually.Affected Public: Not-for-profit

institutions; State Local, TribalGovernments.

Annual Reporting and RecordkeepingBurden: Responses: 60; Burden Hours:2700.

Abstract: The Migrant Education EvenStart Program (MEES) is designed tohelp break the cycle of poverty andimprove literacy by integrating earlychildhood education, adult literacy oradult basic education, and parentinginto a unified literacy program formigrant families.

Office of Postsecondary Education

Type of Review: Reinstatement.Title: Performance Report for the

Training Program for Federal TRIOPrograms.

Frequency: Annually.Affected Public: Not-for-profit

institutions.

Annual Reporting and RecordkeepingHour Burden: Reporting BurdenResponses: 12; Burden Hours: 48.

Abstract: Data assures that granteeshave conducted the project for whichfunded, signals problems ofimplementation, and indicates extentand quality of performance. TheDepartment uses reports in evaluatingprojects for continuation, assessingtechnical assistance needs, determiningfuture funding levels and in assigningscores to projects in competition fornew grants.

Office of Special Education andRehabilitative Services

Type of Review: Regular.Title: The Projects with Industry

Program.Frequency: Annually.Affected Public: Not-for-profit

institutions; State, Local or TribalGovernment.

Reporting Burden: Responses: 411;Burden Hours: 16,440.

Recordkeeping Burden:Recordkeepers: 0; Burden Hours: 0.

Abstract: Grant application forms,compliance indicator reports andAnnual Evaluation Plan for the ProjectsWith Industry Program are required sothat all forms are uniformly completed.

[FR Doc. 95–28145 Filed 11–14–95; 8:45 am]BILLING CODE 4000–01–M

National Institute on Disability andRehabilitation Research

AGENCY: Department of Education.ACTION: Notice of public hearing andrequest for comments.

SUMMARY: The National Institute onDisability and Rehabilitation Research(NIDRR) is authorized to supportresearch and related activities toimprove the lives of individuals withdisabilities, and is required to developa Long-Range Plan for rehabilitationresearch. NIDRR invites interestedparties to present comments at a publichearing on research and training needsand opportunities during the comingdecade in all areas of disability. TheHearing will be organized into foursessions: (1) Technology and MedicalRehabilitation Research; (2)Employment Research; (3) LivingIndependently in the Community; and(4) Capacity-Building in Research andRehabilitation Services. The purpose ofthe hearing is to obtain ideas from thepublic on the content and direction ofa new NIDRR Long-Range Plan.

NIDRR encourages interested partiesto attend a public meeting. Personsdesiring to testify or seeking additional


information should telephone Ms.Sheila Newman at (703)488–2300; TDDmay call (703)448–3079.

MEETING INFORMATION: The publichearing is scheduled to be held onTuesday, November 28, 1995 from 10:00a.m. to 5:00 p.m. in the auditorium ofthe Paralyzed Veterans of America at801 Eighteenth Street, NW, Washington,DC 20006.

COMMENTS: NIDRR invites writtencomments from those who will beunable to attend the public hearing.Written comments should be receivedby December 29, 1995.

ADDRESSES: Written comments shouldbe addressed to Ms. Sheila Newman,Conwal, Inc., 6858 Old Dominion Drive,Suite 200, McLean, VA 22101.

FOR FURTHER INFORMATION CONTACT:Persons desiring to participate orseeking additional information shouldtelephone (703) 488–2300. Individualswho use a telecommunications devicefor the deaf (TDD) may call the TDDnumber at (703) 488–3079 for TDDservice.

Dated: November 8, 1995.Howard R. Moses,Acting Assistant Secretary for SpecialEducation and Rehabilitative Services.[FR Doc. 95–28109 Filed 11–15–95; 8:45 am]BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Office of Arms Control andNonproliferation Policy; ProposedSubsequent Arrangement

AGENCY: Department of Energy.

ACTION: Correction.

SUMMARY: In document #95–26719,published on October 27, 1995, page55008, third column, replace the secondsentence with the following:

The subsequent arrangement to becarried out under the above-mentionedagreements involves approval of thefollowing retransfer: RTD/KO(SW)–1,for the transfer of 18,905 kilograms ofuranium containing 718 kilograms ofthe isotope uranium-235 (3.8 percentenrichment) from Sweden to Korea forfuel production.Edward T. Fei,Deputy Director, International Policy andAnalysis Division, Office of Arms Control andNonproliferation.[FR Doc. 95–28196 Filed 11–14–95; 8:45 am]BILLING CODE 6450–01–P

Floodplain Statement of Findings for aProposed Time-Critical RemovalAction at the Middlesex Sampling PlantSite and Vicinity Properties

AGENCY: Oak Ridge Operations Office,Department of Energy.ACTION: Floodplain Statement ofFindings.

SUMMARY: This is a FloodplainStatement of Findings for a proposedtime-critical removal action at theMiddlesex Sampling Plant Site andvicinity properties. DOE proposes toremove sediments containing elevatedlevels of uranium, radium, and thoriumlocated in the 100-year floodplain of theSouth Drainage Ditch at the MiddlesexSampling Plant Site in MiddlesexCounty, New Jersey. DOE prepared aFloodplain and Wetlands Assessmentdescribing the effects, alternatives, andmeasures designed to avoid or minimizepotential harm to or within the affectedfloodplain. DOE will endeavor to allow15 days of public review afterpublication of the statement of findingsbefore implementation of the proposedaction.FOR FURTHER INFORMATION ON THISPROPOSED ACTION OR TO COMMENT ON THEACTION, CONTACT: Ms. Susan Cange,Former Sites Restoration Division,Department of Energy, P.O. Box 2001,Oak Ridge, TN 37831–8541, Phone:(615) 576–5724, FAX: (615) 576–0956.FOR FURTHER INFORMATION ON GENERALDOE FLOODPLAIN/WETLANDENVIRONMENTAL REVIEW REQUIREMENTS,CONTACT: Carol M. Borgstrom, Director,Office of NEPA Policy and Assistance,EH–42, Department of Energy, 1000Independence Avenue, SW.,Washington, D.C. 20585, (202) 586–4600or (800) 472–2756.SUPPLEMENTARY INFORMATION: This is aFloodplain Statement of Findingsprepared in accordance with 10 CFRPart 1022. A Notice of Floodplain andWetlands Involvement was published inthe Federal Register on July 6, 1993 (58FR 36192). DOE proposes to removesediments containing elevated levels ofuranium, radium, and thorium locatedin the 100-year floodplain of the SouthDrainage Ditch at the MiddlesexSampling Plant Site in MiddlesexCounty, New Jersey. The proposedaction would be located in a floodplainbecause the concentrations of theseradioactive elements in the sedimentsexceed levels considered safe forhumans and the environment. DOE isremediating the Middlesex Site inaccordance with the ComprehensiveEnvironmental Response,Compensation, and Liability Act

(CERCLA). The area to be disturbedwould be approximately 0.3 hectare (0.7acre) and excavation would be limitedto a depth of approximately 0.15–0.3meter (6–12 inches). Alternativeremedial actions for the Middlesex siteare no action or complete excavation.There is no practicable alternative to theproposed action if the site is to beremediated. Remediation is necessary toprotect public health and theenvironment. The proposed actionwould conform to applicable state andlocal floodplain protection standards.The following steps would be taken tominimize potential harm to or withinthe affected floodplain:

1. The design and performance ofexcavation activities would incorporateguidelines contained in the document‘‘Standards for Soil Erosion andSediment Control in New Jersey,’’prepared by the New Jersey State SoilConservation Committee.

2. During remediation operations thearea of soil disturbance would beconfined to the minimum necessary forsuccessful completion of the cleanup.

3. Care would be exercised to provideminimum practicable exposure of soilsand sediments to erosion.

4. A soil erosion and sediment controldesign would be prepared prior to anymajor soil disturbance. Soil erosion andsediment barriers would remain in placeuntil the soil is stabilized by applicablemeasures.

5. Disturbed soils on the banks ofwaterways would be protected by rip-rap, sandbags, sod, or approved mulchnetting, as conditions warrant, inaccordance with ‘‘Standards for SoilErosion and Sediment Control.’’

6. Sediment-laden water fromdewatering of trenches or otherexcavations would not be pumpeddirectly into waterways.

7. Trees, shrubs, grasses, and othervegetation within 25 feet of the streambank or 25 feet from the edge of the lowwater flow, where the bank is not welldefined, would be disturbed only wherenecessary for the remediation activities.Construction would be performed fromone stream bank where possible, leavingvegetation on the opposite bank. Wherepractical, access roads to work siteswould not be constructed alongshoreline routes.

8. Vegetative waste, including wastemulch not serving to control erosion orsediment, would not be disposed of inchannels or on waterway banks.

9. Remediation would not obstructany streams and all streams wouldretain their original capacity forfloodwaters. Therefore, the proposedaction would not impede flow orincrease flooding.


10. Areas affected by remedialactivities would be restored to theiroriginal contours to the extent possible.

11. Disturbed areas would be seededand mulched in accordance with NewJersey soil erosion and sediment controlstandards.

12. Areas in floodplains would not beused for storage purposes.

13. Construction techniques to avoidor reduce adverse water quality impactsmay include scheduling excavationduring dry periods or when low or noflow is expected in drainageways orditches and constructing a temporarydiversion channel for any stream flowthat occurs during remediation.

14. Measures would be taken tominimize soil compaction anddisturbance such as requiring heavyequipment to work in wetlands on mats,use of low ground pressure machines, orextended reach excavating equipment.

15. Other mitigation techniques mayinclude restoring surface and subsurfaceflow patterns, minimizing easementwidths, and selecting dust controlmeasures that minimize adverse impactsto avoid or minimize potential harm tostreams or floodplains.

DOE will endeavor to allow 15 daysof public review after publication of thestatement of findings beforeimplementation of the proposed action.

Issued in Oak Ridge on November 2, 1995.James L. Elmore,Alternate NEPA Compliance Officer[FR Doc. 95–28194 Filed 11–14–95; 8:45 am]BILLING CODE 6450–01–P

Federal Energy RegulatoryCommission

[Project No. 2354–018]

Georgia Power Company; Notice ofPublic Meeting in Clayton, Georgia, toDiscuss the Draft EnvironmentalImpact Statement for the ProposedRelicensing of the North GeorgiaProject

November 8, 1995.The Federal Energy Regulatory

Commission (FERC) issued a DraftEnvironmental Impact Statement (DraftEIS) for the North Georgia Project, No.2354–018, on October 27, 1995. The168-megawatt project is located in theSavannah River Basin on the Tallulah,Chattooga, and Tugalo Rivers in Rabun,Habersham, and Stephens Counties,Georgia, and Oconee County, SouthCarolina.

Commission staff will conduct apublic meeting to: (1) present the DraftEIS findings, (2) solicit public commenton Draft EIS, and (3) answer questions

about the Draft EIS. All interestedindividuals, organizations, and agenciesare invited to attend the meeting.

The public meeting will be conductedon Thursday evening, December 7,1995, from 7:00 p.m. to 10:00 p.m., atthe Rabun County Courthouse (maincourtroom), in Clayton, Georgia, locatedon U.S. Highway 76 near the center oftown.

The public meeting will be recordedby a court reporter, and all meetingstatements (oral and written) willbecome part of the Commission’s publicrecord of this proceeding. Individualspresenting statements at the meetingwill be asked to sign in before themeeting starts and to identifythemselves for the record. Anyonewishing to receive a copy (for a fee) ofthe transcript of the meeting maycontact Ann Riley & Associates bycalling (202) 482–0034.

For further information, pleasecontact Joe Davis at (202) 219–2865.Lois D. Cashell,Secretary.[FR Doc. 95–28133 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. RP95–448–001]

Northern Border Pipeline Company;Notice of Tariff Filing

November 8, 1995.

Take notice that on November 3,1995, Northern Border PipelineCompany (Northern Border) tenderedfor filing Substitute First Revised SheetNumber 110 of its FERC Gas Tariff, FirstRevised Volume No. 1.

Northern Border states that the filingis in compliance with the Commission’sorder, issued October 27, 1995, in theabove-referenced docket. NorthernBorder further states that the October 27Order required Northern Border torevise its tariff language to clarify thatit will seek separate authorizations fromthe Commission for authorization ofeach item it records in Account No.182.3.

Any person desiring to protest saidfiling should file a protest with theFederal Energy Regulatory Commission,888 First Street, N.E. Washington, D.C.20426, in accordance with Section 211of the Commission’s Rules of Practiceand Procedure, 18 CFR 385.211. Allsuch protests should be filed on orbefore November 16, 1995. Protests willbe considered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.

Copies of this filing are on file andavailable for public inspection.Lois D. Cashell,Secretary.[FR Doc. 95–28135 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M


Tennessee Gas Pipeline Company;Notice of Tariff Filing

November 8, 1995.

Take notice that on November 2,1995, Tennessee Gas Pipeline Company(Tennessee), tendered for filing the FirmNatural Gas Transportation Agreementbetween Tennessee and CommonwealthGas Company, dated November 1, 1995,for service under Tennessee’s RateSchedule NET, and the followingrevisions to its FERC Gas Tariff.

Fifth Revised Volume No. 1

Third Revised Sheet No. 26AThird Revised Sheet No. 181

Tennessee states that the filing isintended to reflect the assumption of9600 dkt/day of firm NET service byCommonwealth Gas Company, asordered by the Commission onSeptember 27, 1995 in Docket No.CP91–2206–010. Tennessee requeststhat its submission be accepted for filingeffective November 1, 1995, and in thatconnection, seeks waiver of the 30-daynotice requirement pursuant to 18 CFR154.51.

Any person desiring to be heard or tomake any protest with reference to saidfiling should file a petition to interveneor protest with the Federal EnergyRegulatory Commission, 888 FirstStreet, N.E., Washington, D.C. 20426, inaccordance with Sections 211 and 214of the Commission’s Rules of Practiceand Procedure, 18 CFR 385.211 and385.214. All such petitions or protestsshould be filed on or before November16, 1995. Protests will be considered bythe Commission in determining theappropriate action to be taken, but willnot serve to make protestants parties tothis proceeding. Any person wishing tobecome a party must file a petition tointervene. Copies of this filing are onfile and available for public inspectionat the Commission’s Public Referenceoffice.Lois D. Cashell,Secretary.[FR Doc. 95–28136 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M


1 South Georgia Natural Gas Company, 72 FERC¶ 61,304 (1995).

2 See Southern Natural Gas Company’s filingdated September 22, 1995, in Docket No. RP95–444–000, which modified the mid-day nominationprocedure to accommodate its customers.


Williston Basin Interstate PipelineCompany; Notice of Compliance Filing

November 8, 1995.

Take notice that on November 3,1995, Williston Basin Interstate PipelineCompany (Williston Basin), tendered forfiling revised tariff sheets to SecondRevised Volume No. 1 and OriginalVolume No. 2 of its FERC Gas Tariff.More specifically, Williston Basin filedthe following tariff sheets:

Second Revised Volume No. 1

3rd Rev Thirteenth Revised Sheet No. 153rd Rev Sixteenth Revised Sheet No. 163rd Rev Thirteenth Revised Sheet No. 183rd Rev Eleventh Revised Sheet No. 21

Original Volume No. 2

3rd Rev Fifty-Eighth Revised Sheet No. 11B

The proposed effective date for thesetariff sheets are as shown on the tariffsheets.

Williston Basin states that, inaccordance with Subsection 36.2.1 ofthe General Terms and Conditions ofWilliston Basin’s FERC Gas Tariff,Second Revised Volume No. 1, and theCompany’s Annual Take-or-PayReconciliation Filing in Docket No.TM95–3–49–000, filed May 31, 1995,the revised tariff sheets are being filedto reflect the elimination on November1, 1995 of the Docket No. RP90–137–000throughput surcharge.

Any person desiring to be heard or toprotest said filing should file motion tointervene or protest with the FederalEnergy Regulatory Commission, 888First Street, N.E., Washington, D.C.20426, in accordance with Rules 211and 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211and 385.214). All such motions orprotests should be filed on or beforeNovember 16, 1995. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partyto the proceeding must file a motion tointervene. Copies of this filing are onfile with the Commission and areavailable for public inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 95–28137 Filed 11–14–95; 8:45 am]

BILLING CODE 6717–01–M

[Docket Nos. TM96–1–8–000, RP95–21–000,and RP95–38–000]

South Georgia Natural Gas Companyand Southern Natural Gas Company;Notice on Technical Conference

November 8, 1995.On September 29, 1995, the

Commission issued an order 1 in DocketNo. TM96–1–8–000 requiring, amongother things, a technical conference onSouth Georgia Natural Gas Company’sproposed changes to the fuel recoveryprovisions of its general terms andconditions. The conference will be held12:30 p.m., November 14, 1995, at 810First Street, NE., Washington, DC, in aroom to be designated at that time.

In addition, the issue of the mid-daynomination procedures of South Georgiaand Southern Natural Gas PipelineCompany remains open in Docket Nos.RP95–38–000 and RP95–21–000,respectively. The Commission staff willinquire at the technical conferencewhether the matter needs to be pursuedfurther in light of recent discussions ofoperating issues between Southern andits customers that may have resolved theissue.2

Any questions concerning theconference should be directed to JohnM. Robinson (202) 208–0808, or KerryNoone (202) 208–0285.Lois D. Cashell,Secretary.[FR Doc. 95–28138 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. TM96–2–82–000]

Viking Gas Transmission Company;Notice of Proposed Changes in FERCGas Tariff

November 8, 1995.Take notice that on November 6,

1995, Viking Gas TransmissionCompany (Viking), tendered for filing tobecome part of its FERC Gas Tariff, FirstRevised Volume No. 1, Fifth RevisedSheet No. 6.

Viking states that the purpose of thisfiling is to adjust Viking’s Gas ResearchInstitute (‘‘GRI’’) Rate Adjustment, toreflect the 1996 RD&D funding formulaapproved in the Commission’s October13, 1995, Order in Gas ResearchInstitute, 73 FERC ¶61, 073 (1995).Viking has a proposed effective date ofJanuary 1, 1996.

Viking states that copies of the filinghave been mailed to all of its customersand to affected state regulatorycommissions.

Any person desiring to be heard or toprotest said filing should file a motionto intervene or protest with the FederalEnergy Regulatory Commission, 888First Street, N.E., Washington, D.C.,20426, in accordance with 18 CFR385.214 and 385.211 of theCommission’s Rules and Regulations.All such motions should be filed on orbefore November 16, 1995. Protest willbe considered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection in the Public ReferenceRoom.Lois D. Cashell,Secretary.[FR Doc. 95–28139 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. EC96–1–000, et al.]

Pacific Gas and Electric Company, etal.; Electric Rate and CorporateRegulation Filings

November 7, 1995.Take notice that the following filings

have been made with the Commission:

1. Pacific Gas and Electric Company

[Docket No. EC96–1–000]Take notice that on November 2,

1995, Pacific Gas and Electric Company(PG&E) submitted an applicationpursuant to section 203 of the FederalPower Act for authority to carry out a‘‘disposition of facilities’’ that would bedeemed to occur as the result ofproposed corporate reorganization thatwould create a holding company. Theproposed reorganization is describedmore fully in the application, which ison file with the Commission and opento public inspection.

The application states that PG&Ewould become a subsidiary of theproposed holding company. It alsostates that the proposed holdingcompany structure is intended tofacilitate the separation of PG&E’s utilityoperations from its activities in othersegments to better position PG&E forindustry restructuring, to increasefinancial flexibility and to betterinsulate utility customers from the risksof non-utility ventures. The applicationdeclares that the proposed restructuring


will not affect jurisdictional facilities,rates or services.

Comment date: November 29, 1995, inaccordance with Standard Paragraph Eat the end of this notice.

2. Kingston Cogen Limited Partnership

[Docket No. EG96–12–000]Take notice that on October 27, 1995,

Kingston Cogen Limited Partnership(Kingston) (c/o Michael J. Zimmer, Esq.,Reid & Priest LLP, 701 PennsylvaniaAvenue, N.W. Washington, DC 20004)filed with the Federal Energy RegulatoryCommission an application fordetermination of exempt wholesalegenerator status pursuant to Part 365 ofthe Commission’s Regulations.

According to its application, Kingstonis an Ontario, Canada limitedpartnership formed to own an electricgenerating facility located on inErnestown Township, Ontario, Canada.


3. NYC Energy Group, L.P.

[Docket No. EG96–13–000]On October 31, 1995, NYC Energy

Group, L.P. (Applicant) (c/o EnergyInitiatives, Inc., One Upper Pond Road,Parsippany, NJ 07054) filed with theFederal Energy Regulatory Commissionan application for determination ofexempt wholesale generator statuspursuant to 18 CFR Part 365.

Applicant states that it is a Delawarelimited partnership formed to develop,construct, own and operate anapproximately 28.5 MW natural gas-fired cogeneration facility to be locatedin the general location of the BrooklynNavy Yard in Brooklyn, the City of NewYork, New York. According toApplicant, all of the facility’s electricaloutput will be sold at wholesale toConsolidated Edison Company of NewYork, Inc.


4. Puget Sound Power & Light Company

[Docket No. EL96–7–000]Take notice that on October 24, 1995,

Puget Sound Power & Light Companytendered for filing a Petition forDeclaratory Order and Motion forSummary Disposition.


5. Northern States Power Company

[Docket No. ER95–1638–000]Take notice that on October 27, 1995,

Northern States Power Company, Eau

Claire, Wisconsin (NSPW) tendered forfiling the following documents:

A. A First Amendment to Power andEnergy Supply Agreement by andbetween the City of Spooner, Wisconsin,and NSPW dated October 10, 1995.

B. A First Amendment to Amendedand Restated Power and Energy SupplyAgreement by and between the Villageof Cadott, Wisconsin, and NSPW datedAugust 16, 1995.

C. A First Amendment to Amendedand Restated Power and Energy SupplyAgreement by and between the City ofBloomer, Wisconsin, and NSPW datedAugust 25, 1995.

Each of the Amendments reduces thenegotiated rate cap from $160/kW-yearto $150/kW-year as set forth inparagraph 3.01 of Schedule B of each ofthe Agreements. The Amendments alsosubstitute an updated Schedule SO2 andincorporate a Schedule W–FC (Sale forResale-Fuel Clause) which wasinadvertently omitted from the initialfiling.

A copy of the filing was served uponthe City of Spooner, Village of Cadott,City of Bloomer and the State ofWisconsin Public Service Commission.


6. Illinois Power Company


Illinois Power Company (IPC), tenderedfor filing an Amendment to theInterchange between IPC and WisconsinPower and Light Company (WP&L). IPCstates that the purpose of thisAmendment is to clarify the intent ofthe Agreement.


7. Texas Utilities Electric Company

[Docket No. ER95–1764–000]Take notice that on October 23 1995,

Texas Utilities Electric Company (TUElectric) tendered for filing amendmentsto the transmission service agreements(TSA’s) filed herein on September 15,1995.

TU Electric requests effective dates forthe TSA’s that will permit them tobecome effective on the dates servicefirst commenced under each of theTSA’s. Accordingly, TU Electric seekswaiver of the Commission’s noticerequirements. Copies of the filing wereserved on Central & South WestServices, Inc., Enron Power Marketing,Inc. and Electric Clearinghouse, Inc., aswell as the Public Utility Commission ofTexas.


8. Consolidated Edison Company

[Docket Nos. ER95–1818–000 and ER95–1819–000]

Take notice that on October 18, 1995,Consolidated Edison Company of NewYork, Inc. (Con Edison) tendered forfiling a request to withdraw its filing inthe above listed dockets.

Con Edison states that a copy of thisfiling has been served upon Hydro-Quebec.


9. PacifiCorp

[Docket No. ER95–1836–000]

Take notice that PacifiCorp, onOctober 27, 1995, tendered for filing anamended filing in this docket.

Copies of this filing were supplied toBonneville, the Public UtilityCommission of Oregon and theWashington Utilities and TransportationCommission.


10. PacifiCorp

[Docket No. ER95–1838–000]

Take notice that PacifiCorp, onOctober 27, 1995, tendered for filing anamended filing in this docket.

Copies of this filing were supplied toBlack Hills, the Public UtilityCommission of Oregon and theWashington Utilities and TransportationCommission.


11. New England Power Company

[Docket No. ER96–121–000]

Take notice that on October 19, 1995,New England Power Company (NEP)filed an Assignment and Assumption ofInterconnection Agreement, dated as ofAugust 22, 1995, (Agreement) betweenPepperell Power Associates LimitedPartnership, Mill Street AssociatesLimited Partnership, Indeck PepperellPower Associates, Inc. and NEP. NEPrequests waiver for good cause shown ofCommission’s sixty (60) day noticerequirement and an effective date ofOctober 20, 1995, for the Agreement.



12. Nevada Power Company


Nevada Power Company (NevadaPower) tendered for filing a proposedAgreement for the Sale of Non-FirmTransmission Service by Nevada Powerto Rainbow Energy MarketingCorporation (Rainbow Electric).

Nevada Power states that theAgreement provides for the sale of non-firm transmission services to RainbowEnergy for periods ranging from hourlyto monthly provided Nevada Power hassufficient transmission capacity to doso.

Copies of this filing have been servedon Rainbow Electric and the PublicService Commission of Nevada.


13. Nevada Power Company


Nevada Power Company (NevadaPower), tendered for filing anAgreement for the Sale of EconomyEnergy by Nevada Power Company tothe City of Needles, California(Needles).

Copies of this filing have been servedon Needles and the Public ServiceCommission of Nevada.


14. Yankee Energy Marketing Company


Yankee Energy Marketing Company(Yankee Energy) petitioned theCommission for acceptance of YankeeEnergy Rate Schedule FERC No. 1; thegranting of certain blanket approvals,including the authority to sell electricityat market-based rates; and the waiver ofcertain Commission regulations. YankeeEnergy is a subsidiary of Yankee EnergySystems, Inc., a holding companyheadquartered in Connecticut.


15. Carolina Power & Light Company


Carolina Power & Light Company(Carolina), tendered for filing separateService Agreements executed betweenCarolina and the following EligibleEntities: Catex-Vitol Electric, L.L.C.;Cinergy Services, Inc.; CommonwealthEdison; Wabash Valley PowerAssociation, Inc.; Tennessee Power

Company; Sonat Power Marketing, Inc.;MidCon Power Services Corp.; andCitizens Lehman Power Sales. Service toeach Eligible Entity will be inaccordance with the terms andconditions of Carolina’s Tariff No. 1 forSales of Capacity and Energy.

Copies of the filing were served uponthe North Carolina Utilities Commissionand the South Carolina Public ServiceCommission.


16. Public Service Electric and GasCompany


Public Service Electric and GasCompany (PSE&G), tendered for filingan initial rate schedule to provide fullyinterruptible transmission service toCMEX Energy Inc., for delivery of non-firm wholesale electrical power andassociated energy output utilizing thePSE&G bulk power transmission system.


17. Indianapolis Power & LightCompany


Indianapolis Power & Light Company(IPL), tendered for filing an initial rateschedule consisting of enablingagreement between IPL and ENRONPower Marketing, Inc., pursuant towhich they will engage in generalpurpose energy and negotiated capacitysales and purchase transactions. IPLrequests waiver of the 60-day noticerequirement to permit service tocommence November 1, 1995.

Copies of this filing were sent to theIndiana Utility Regulatory Commissionand ENRON Power Marketing.


18. The Washington Water PowerCompany


The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.13, a signedservice agreement with SpringfieldUtility Board to FERC Electric TariffVolume No. 4 previously approved asan unsigned service agreement.


19. Maine Electric Power Company


Take notice that on October 27, 1995,Maine Electric Power Company(MEPCO), tendered for filing aTransmission Service Agreementbetween MEPCO and Houlton WaterCompany (HWC), dated effective as ofJanuary 1, 1996. MEPCO will provideHWC with firm transmission serviceover the MEPCO transmission system.The rates for such service shall be asprovided in MEPCO Rate Schedule FPCNo. 1 on file with the Commission.


20. PSI Energy, Inc.


Take notice that on October 27, 1995,PSI Energy, Inc., tendered for filing theTransmission and Local Facilities(T&LF) Agreement Calendar Year 1994Reconciliation between PSI and WabashValley Power Association, Inc. (WVPA),and between PSI and Indiana MunicipalPower Agency (IMPA). The T&LFAgreement has been designated as PSI’sRate Schedule FERC No. 253.

Copies of the filing were served onWabash Valley Power Association, Inc.,the Indiana Municipal Power Agencyand the Indiana Utility RegulatoryCommission.


21. Commonwealth Edison Company


Take notice that on October 27, 1995,Commonwealth Edison Company(ComEd), submitted two ServiceAgreements, establishing TennesseeValley Authority (TVA), and WisconsinPower and Light (WP&L) as customersunder the terms of ComEd’s Power SalesTariff PS–1 (PS–1 Tariff). TheCommission has previously designatedthe PS–1 Tariff as FERC Electric Tariff,Original Volume No. 2.

ComEd requests an effective date ofSeptember 29, 1995, for the ServiceAgreement between ComEd and TVA,and an effective date of October 10,1995, for the Service Agreementbetween ComEd and WP&L andaccordingly seeks waiver of theCommission’s requirements. Copies ofthis filing were served upon TVA,WP&L and the Illinois CommerceCommission.



Standard Paragraph

E. Any person desiring to be heard orto protest said filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,825 North Capitol Street, N.E.,Washington, D.C. 20426, in accordancewith Rules 211 and 214 of theCommission’s Rules of Practice andProcedure (18 CFR 385.211 and 18 CFR385.214). All such motions or protestsshould be filed on or before thecomment date. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof this filing are on file with theCommission and are available for publicinspection.Lois D. Cashell,Secretary.[FR Doc. 95–28177 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–P

[Docket No. CP95–614–000]

Paiute Pipeline Co.; Notice ofAvailability of the EnvironmentalAssessment for the Proposed PaiuteLNG Trucking Project

November 8, 1995.The staff of the Federal Energy

Regulatory Commission (FERC orCommission) has prepared anenvironmental assessment (EA) on thenatural gas pipeline facilities proposedby Paiute Pipeline Company (Paiute) inthe above-referenced docket.

The EA was prepared to satisfy therequirements of the NationalEnvironmental Policy Act. The staffconcludes that approval of the proposedproject, with appropriate mitigatingmeasures, would not constitute a majorFederal action significantly affecting thequality of the human environment.

The EA assesses the potentialenvironmental effects of theconstruction project which includes thefollowing facilities: and operation ofPaiute’s proposed liquefied natural gas(LNG) trucking• About 330 feet of 3-inch-diameter

transfer piping;• A 115-foot-long drainage channel;• A cryogenic flexible hose;• Isolation and relief valves; and• Other appurtenant facilities.

The purpose of the project is toconstruct an LNG truck unloadingstation to give Paiute the ability toprovide its LNG storage servicecustomers with additional options for

helping to meet their peak demand,emergency, or other requirements.

The EA has been placed in the publicfiles of the FERC and is available forpublic inspection at: Federal EnergyRegulatory Commission, PublicReference and Files MaintenanceBranch, 888 First Street, N.E.,Washington, DC 20426, (202) 208–1371.

Copies of the EA have been mailed toFederal, State and local agencies, publicinterest groups, interested individuals,newspapers, and parties to thisproceeding.

A limited number of copies of the EAare available from: Mr. JamesDashukewich, Environmental ProjectManager, Environmental Review andCompliance Branch I, Office of PipelineRegulation (PR11.1), 888 First Street,N.E., Washington, DC 20426, (202) 208–0117.

Any person wishing to comment onthe EA may do so. Written commentsmust reference Docket No. CP95–614–000, and be addressed to: Office of theSecretary, Federal Energy RegulatoryCommission, 888 First Street, N.E.,Washington, D.C. 20426.

Comments should be filed as soon aspossible, but must be received no laterthan December 8, 1995, to ensureconsideration prior to a Commissiondecision on this proposal. A copy of anycomments should also be sent to Mr.James Dashukewich, EnvironmentalProject Manager, at the above address.

Comments will be considered by theCommission but will not serve to makethe commentor a party to theproceeding. Any person seeking tobecome a party to the proceeding mustfile a motion to intervene pursuant toRule 214 of the Commission’s Rules ofPractice and Procedure (18 CFR385.214).

The date for filing timely motions tointervene in this proceeding has passed.Therefore, parties now seeking to filelate interventions must show goodcause, as required by section385.214(b)(3), why this time limitationshould be waived. Environmental issueshave been viewed as good cause for lateintervention. You do not needintervenor status to have yourcomments considered.

Additional information about thisproject is available from Mr. JamesDashukewich, Environmental ProjectManager.Lois D. Cashell,Secretary.[FR Doc. 95–28132 Filed 11–14–95; 8:45 am]BILLING CODE 6717–01–M

[Project No. 2680–017 Michigan]

Consumers Power Company and theDetroit Edison Company; Notice ofAvailability of Final EnvironmentalAssessment

November 8, 1995.

A final environmental assessment(FEA) is available for public review. TheFEA is for a settlement agreementcontaining proposed measures for fishprotection and angler access at theLudington Pumped Storage Project(FERC No. 2680). The FEA finds thatapproval of the settlement agreementand implementation of the proposedmeasures for fish protection and angleraccess would not constitute a majorfederal action significantly affecting thequality of the human environment. TheLudington Pumped Storage Project islocated on the eastern shore of LakeMichigan in Mason County, Michigan.

The FEA was prepared by staff in theOffice of Hydropower Licensing,Federal Energy Regulatory Commission.Copies of the FEA can be viewed at theCommission’s Reference andInformation Center, Room 2–A, 888 1stStreet, N.E., Washington, D.C. 20426.Copies can also be obtained by callingthe project manager listed below. Formore information, please contact theproject manager, John Mudre, at (202)219–1208.Lois D. Cashell,

Secretary.

[FR Doc. 95–28134 Filed 11–14–95; 8:45 am]

BILLING CODE 6717–01–M

Office of Hearings and Appeals

Determination of Excess PetroleumViolation Escrow Funds for Fiscal Year1996

AGENCY: U.S. Department of Energy,Office of Hearings and AppealsACTION: Notice of Determination ofExcess Monies Pursuant to thePetroleum Overcharge Distribution andRestitution Act of 1986.

SUMMARY: The Petroleum OverchargeDistribution and Restitution Act of 1986requires the Secretary of Energy todetermine annually the amount of oilovercharge funds held in escrow that isin excess of the amount needed to makerestitution to injured parties. Notice ishereby given that $19,800,470 of theamounts currently in escrow isdetermined to be excess funds for fiscalyear 1996. Pursuant to the statutorydirective, these funds will be made


available to state governments for use inspecified energy conservation programs.FOR FURTHER INFORMATION CONTACT:Thomas O. Mann, Deputy Director,Roger Klurfeld, Assistant Director,Office of Hearings and Appeals, U.S.Department of Energy, 1000Independence Avenue, SW.,Washington, DC 20585, (202) 586–2094[Mann]; (202) 586–2383 [Klurfeld].SUPPLEMENTARY INFORMATION: ThePetroleum Overcharge Distribution andRestitution Act of 1986 (hereinafterPODRA), contained in Title III of theOmnibus Budget Reconciliation Act of1986, Pub. L. No. 99–509, establishescertain procedures for the disbursementof funds collected by the Department ofEnergy (hereinafter DOE) pursuant tothe Emergency Petroleum AllocationAct of 1973 (hereinafter EPAA) or theEconomic Stabilization Act of 1970(hereinafter ESA). These funds,commonly referred to as oil overchargefunds, are monies obtained throughenforcement actions instituted toremedy actual or alleged violations ofthose Acts.

PODRA requires the DOE, through theOffice of Hearings and Appeals(hereinafter OHA), to conductproceedings under 10 CFR Part 205,Subpart V, to accept claims forrestitution from the public and to refundoil overcharge monies to personsinjured by violations of the EPAA or theESA. In addition, PODRA requires theSecretary of Energy to determineannually the amount of oil overchargefunds that will not be required forrestitution to injured parties in theserefund proceedings and to make thisexcess available to state governments foruse in four energy conservationprograms. This determination must bepublished in the Federal Registerwithin 45 days after the beginning of

each fiscal year. The Secretary hasdelegated this responsibility to the OHADirector.

Notice is hereby given that based onthe best currently available information,$19,800,470 is in excess of the amountthat is needed to make restitution toinjured parties.

To arrive at that figure, the OHA hasreviewed all accounts in which moniescovered by PODRA are deposited.PODRA generally covers all funds nowin DOE escrow which are derived fromalleged violations of the EPAA or theESA, with certain exclusions. Excludedare funds which (1) have been identifiedfor indirect restitution in orders issuedprior to enactment of PODRA; (2) havebeen identified for direct restitution ina judicial or administrative order; or (3)are attributable to alleged violations ofregulations governing the pricing ofcrude oil and subject to the settlementagreement in In re The Department ofEnergy Stripper Well ExemptionLitigation, M.D.L. No. 378 (D. Kan., July7, 1986). As of September 30, 1995, thetotal in escrow subject to the PODRAprocedures was $142,608,733.

The OHA has employed the followingmethodology to determine the amountof excess funds. We took specialaccount of the provision of PODRAwhich directs that ‘‘primaryconsideration [be given] to assuring thatat all times sufficient funds (includinga reasonable reserve) are set aside formaking [direct] restitution.’’ Thus, inproceedings in which refund claims arepending, we have on a claim-by-claimbasis examined pending claims andestablished reserves sufficient to pay theentire amount of these claims. Thereserves also include all refunds orderedby the OHA since the end of the lastfiscal year on September 30, 1995, butnot yet paid. For proceedings in whichall claims have been considered or in

which no claims have been filed, andthe deadline for filing claims haspassed, all funds remaining are excess.Small amounts of interest accrued, untiltransfer, on funds in accounts that wereclosed (with a zero balance) in the fiscalyear 1995 PODRA determination (59F.R. 56485 (1994)) are included as partof the ‘‘excess’’ for fiscal year 1996.Finally, a relatively small amount of oilovercharge funds is currently subject tothe control of the Department’s Office ofGeneral Counsel, which finds in itsaccompanying determination, as it hasfound in the past, that none of thosefunds are currently excess. No ‘‘othercommitments’’ are reflected in thereserves.

As indicated above, the total escrowaccount equity subject to PODRA is$142,608,733. The total amount neededas reserves for direct restitution in thosecases is $122,808,263. When this figureis subtracted from the former, theremainder—$19,800,470—is the amountin fiscal year 1996 that is ‘‘in excess’’ ofthe amount that will be needed to makerestitution to injured persons. AppendixA sets forth for each refund case withinthe OHA’s jurisdiction the total amounteligible for distribution under PODRAand the ‘‘excess’’ amount. Appendix Breflects information supplied by theOffice of General Counsel regardingcases subject to PODRA under itsjurisdiction.

Accordingly, $19,800,470 will betransferred to a separate account withinthe United States Treasury and madeavailable to the States for use in the fourdesignated energy conservationprograms in the manner prescribed byPODRA.

Dated: November 8, 1995.George B. Breznay,Director Office of Hearings and Appeals.

APPENDIX A: EXCESS AMOUNT AVAILABLE IN FISCAL YEAR 1996

Name OHA Case No. Consent Order No. Equity as ofSept. 30, 1995 Amount available

Texaco Inc ............................................ KEF–0119 RTXE006A1Z $32,846,164.95 12,000,000.00Tesoro Petroleum Corp ........................ KEF–0128 BUBBBBBBBB 6,342,036.67 3,000,000.00Enron Corporation ................................ KEF–0116 730V00221Z 24,291,974.49 3,000,000.00Eason Oil Company .............................. LEF–0040 740S01314Z– 6,272,562.76 1,000,000.00Cumberland Farms Dairy Inc ............... LEF–0068 120K00497T 201,355.38 201,355.38N C Ginther Company .......................... LEF–0060 710V03022T 159,226.03 159,226.03Dalco Petroleum ................................... HEF–0060 660T00642Z 99,639.84 99,639.84Marathon Petroleum Co ....................... KEF–0021 RMNA00001Z 59,045.52 59,045.52Sunset Blvd Car Wash ......................... LEF–0091– 999K90113T 57,375.27 57,375.27General Equities, Inc. ........................... HEF–0078 110H00527Z 39,236.78 39,236.78Mockabee Gas & Fuel Co .................... VEF–0001 311H00342W 81,297.41 20,324.35Murphy Oil Corporation ........................ KEF–0095 RMUH01983Z 9,950.20 9,950.20Regalia’s Chevron Service ................... LEF–0102 999K90110T– 9,766.38 9,766.38Joe Berube Services ............................ LEF–0099 999K90101T 9,113.80 9,113.80Weber’s Chevron Service ..................... LEF–0108 999K90119T 8,790.34 8,790.34Hughes Burlingame Shell ..................... LEF–0110 999K90100T 8,003.59 8,003.59Tenth Street Chevron ........................... LEF–0104 999K90115T 7,798.94 7,798.94


APPENDIX A: EXCESS AMOUNT AVAILABLE IN FISCAL YEAR 1996—Continued


McDowell Exxon ................................... LEF–0100 999K90104T 7,689.72 7,689.72Elwood Chevron Service ...................... LEF–0085 999K90098T 7,589.88 7,589.88Starr Union Service .............................. LEF–0103 999K90067T 7,442.32 7,442.32Ed Gularte Chevron .............................. LEF–0098 999K90095T 6,851.21 6,851.21Cutting Shell Service ............................ LEF–0097 999K90091T 5,290.83 5,290.83C J King Chevron ................................. LEF–0109 999K90089T 5,258.44 5,258.44Aptos Shell ............................................ LEF–0092 999K90083T 5,040.57 5,040.57Tom’s Coffee Tree Chevron ................. LEF–0105 999K90116T 4,943.13 4,943.13Bill Wren’s Shell .................................... LEF–0096 999K90087T 4,796.80 4,796.80Petaluma Standard Service .................. LEF–0101 999K90106T 4,380.14 4,380.14Walt’s Shell ........................................... LEF–0107 999K90118T 3,912.92 3,912.92Strasburger Enterprises,Inc .................. LEF–0014 400H00219Z 3,796.68 3,796.68Redhill Mobil and Towing ..................... LEF–0088 999K90109T 3,788.35 3,788.35Quintana Energy Corp. et al ................. KEF–0131 650X00356Z 3,656.30 3,656.30Ben’s Exxon Service ............................. HEF–0512 999K90085T 3,356.74 3,356.74A–1 Exxon ............................................ HEF–0509 999K90080T 3,294.57 3,294.57Berryesse Chevron ............................... LEF–0095 999K90086T 3,221.20 3,221.20Sandusky’s Union Service .................... LEF–0111 999K90068T 3,136.18 3,136.18Skycrest Shell ....................................... LEF–0112 999K90112T 2,470.19 2,470.19Reinauer Petroleum Company Inc ....... KEF–0110 240H00492Z 2,360.61 2,360.61Wallace Arco Service ........................... LEF–0106 999K90117T 2,269.03 2,269.03Agway, Inc ............................................ KEF–0102 RTYA00001Z 2,107.89 2,107.89Half Moon Bay Exxon ........................... LEF–0087 999K90099T 2,063.25 2,063.25Ed’s Exxon ............................................ LEF–0078 999K90097T 2,063.25 2,063.25Bob’s Broadway .................................... LEF–0075 900Z40056T 1,732.74 1,732.74Alameda Chevron ................................. LEF–0093 999K90081T 1,608.89 1,608.89Milbrae Shell ......................................... LEF–0079 900Z06293T 1,453.94 1,453.94Miles Union Service .............................. LEF–0083 900Z03258T 997.58 997.58Ron’s Shell ............................................ LEF–0084 900Z10251T 954.83 954.83Alameda Chevron ................................. LEF–0093 900Z06251T 881.07 881.07Quantum Chemical Corporation ........... LEF–0011 720V01245Z 540.05 540.05Clearview Gulf ...................................... LEF–0076 640Z00670T 493.44 493.44Buchanan Shell Inc ............................... LEF–0081 900Z10250T 464.13 464.13Crescent Oil Company ......................... LEF–0044 930H00094Z 262.89 262.89Bob Hutchinson, Inc ............................. LEF–0080 900Z02252T 224.82 224.82Jim Campbell Shell ............................... LEF–0082 900Z03255T 160.55 160.55Automatic Comfort Corp ....................... LEF–0005 110H00519A 81.22 81.22Pete Alijian Chevron ............................. LEF–0089 999K90062T 56.77 56.77Shaw & 99 Chevron ............................. LEF–0090 999K90061T 46.91 46.91Indian Wells Oil Company .................... KEF–0103 710V02002Z 44.97 44.97Beacon Oil Co ...................................... HEF–0203 910S00008Z 13.47 13.47Exxon Corporation ................................ KEF–0087 REXL00201Z 12.22 12.22Mobil Oil Corporation ............................ HEF–0508 RMOA00001Z 9.98 9.98Edgington Oil Company ........................ KEF–0003 930S00173Z 7.25 7.25Aminoil U.S.A., Inc ................................ HEF–0007 740V01259Y 5.40 5.40Starks Shell Service ............................. LEF–0034 999K90065Z 0.99 0.99Fuel Oil Supply & Terminaling .............. LEF–0037 650X00284Z 0.90 0.90Fletcher Oil & Refining Comp ............... LEF–0010 960S00100Z 0.84 0.84Pester Marketing Company .................. KEF–0134 730S01236Z 0.82 0.82Wallace & Wallace ................................ HEF–0190 240H00399Z 0.71 0.71United Refining Company ..................... KEF–0132 340S00445Z 0.69 0.69Northeast Petrol Industry Corp ............. HEF–0580 6C0X00241Z 0.68 0.68Crown Central Petroleum Corp ............ KEF–0044 RCWA00000Z 0.68 0.68John R. Adams ..................................... 660H00060Z 0.62 0.62West Coast Oil Company ..................... KEF–0142 961S00028Z 0.59 0.59Sauvage Gas Service Co., Inc ............. KEF–0024 710H06008Z 0.54 0.54Thomas P. Reidy, Inc ........................... KEF–0137 720H06015Z 0.49 0.49South Hampton Refining ...................... HEF–0222 6E0S00002Z 0.49 0.49Paul Invests & A.B. Holding Co ........... LEF–0006 400H00231Z 0.36 0.36True Oil Company ................................ HEF–0557 733V02019Z 0.34 0.34Meadows Realty Company ................... KEF–0133 910S00001Z 0.21 0.21Elias Oil Company ................................ KEF–0022 412H00105Z 0.21 0.21Diamond Industries, Inc ........................ KEF–0130 320H00097Z 0.12 0.10Witco Chemical Corp ............................ HEF–0227 240S00054Z 821,970.84 ............................Vessels Gas Processing, Ltd ............... VEF–0007 740V01387W 2,199,706.37 ............................Vermont Morgan Corp .......................... LEF–0072 110H00514T 22,282.76 ............................SOS Monarch Oil Corp ......................... LEF–0066 240H00498T 6,483.36 ............................Skinney’s Inc ......................................... LEF–0071 400H00227T 17,583.72 ............................Shell Oil Company ................................ KEF–0093 RSHA00001Z 5,109,102.39 ............................Reco Petroleum Inc .............................. LEF–0065 320H00304T 29,094.44 ............................Permian Corporation ............................. LEF–0035 650X00246T 1,448,669.60 ............................


APPENDIX A: EXCESS AMOUNT AVAILABLE IN FISCAL YEAR 1996—Continued


Oasis Petroleum Corp .......................... LEF–0007 940X00217Z 1,958,919.08 ............................Metropolitan Petroleum Co., Inc ........... LEF–0032 412H00171Z 31,791.08 ............................Maxwell Oil Co ...................................... HEF–0125 000H00425Z 16,989.66 ............................MacMillan Oil Company, Inc ................. LEF–0046 730T00031Z 776,412.71 ............................Lampton-Love Inc ................................. LEF–0070 422T00013T 14,268.26 ............................Kickapoo Oil .......................................... LEF–0069 570H00214T 44,856.57 ............................Kenny Larson Oil Co ............................ HEF–0104 000H00439W 16,698.27 ............................Jedco Inc .............................................. VEF–0024 421K00107W 3,900.40 ............................Jaguar Petroleum Inc ........................... LEF–0059 640X00444T 70,892.67 ............................Intercoastal Oil Co ................................ LEF–0057 940X00076T 31,808.81 ............................Hudson Oil Co., Inc .............................. VEF–0011 740S01258W 8,302,081.45 ............................Houston/Pasadena Apache Oil Corp ... VEF–0022 BJBBBBBBBB 17,586.84 ............................Houma Oil Co ....................................... VEF–0023 640H10422W 389,866.49 ............................Gulf States Oil & Refining .................... LEF–0073 6E0S00057T 549,574.45 ............................Gulf Oil Corporation .............................. HEF–0590 RGFA00001Z 4,616,812.65 ............................Gratex/Compton Corp ........................... VEF–0012 6A0X00340W 2,395,517.65 ............................Good Hope Refineries Inc .................... HEF–0211 150S00154Z 3,580,301.02 ............................Getty Oil Company ............................... HEF–0209 RGEA00001Z 5,869,839.59 ............................General Petroleum ................................ LEF–0064 550H00075T 25,344.63 ............................G & G Oil Company ............................. LEF–0063 550H00332T 53,962.59 ............................Este Oil Company ................................. LEF–0062 533H00163T 69,281.20 ............................Empire Gas Corporation ....................... KEF–0048 720T00521Z 494,691.10 ............................E-Z Service Inc ..................................... LEF–0077 400H00220T 304,476.24 ............................Crude Oil Purchasing Inc ..................... LEF–0058 6A0X00269T 103,042.97 ............................Capitol 66 Oil Company ....................... LEF–0067 422H00238T 17,327.19 ............................Bell Fuels Inc ........................................ LEF–0061 570H00195T 37,338.80 ............................Beacon Bay Enterprises, Inc ................ LEF–0074 999K90120T 83,189.99 ............................Atlantic Richfield Co (Arco) .................. HEF–0591 RARH00001Z 18,324,396.18 ............................AOC Acquisition Corporation ................ LEF–0003 RCKH016A1Z 9,164,609.23 ............................Anchor Gasoline Corporation ............... KEF–0120 740S01247Z 4,973,880.63 ............................

Total ............................................... 142,608,733.83–

19,800,470.00

Department of Energy,Washington, DC 20585, October 31, 1995.

MEMORANDUM FOR: George B. Breznay,Director, Office of Hearings and Appeals.

FROM: Bill J. Eaton, Director, Office ofAdministration, Office of GeneralCounsel.

SUBJECT: GC input for the PODRA section3003 (c) report.

My office has reviewed the funds held inescrow as of September 30, 1995, which havenot been petitioned under Subpart V. Thepurpose of the review was to identify fundsheld in escrow in excess of the amountsrequired to effect restitution to persons orclasses of persons in accordance with Section3003 (b)(1) of the Petroleum OverchargeDistribution and Restitution Act of 1986(PODRA). Since the amount of funds whichwill be available and the extent of claimswhich will be filed are not known, the fundscurrently on deposit in the escrow accountswe reviewed are not excess funds for thepurposes of PODRA.

[FR Doc. 95–28195 Filed 11–9–95; 3:58 pm]BILLING CODE 6450–01–P


[FRL–5332–1]

Agency Information CollectionActivities Under OMB Review


ACTION: Notice.

SUMMARY: In compliance with thePaperwork Reduction Act (44 U.S.C.3501 et seq.), this notice announces theOffice of Management and Budget’s(OMB) responses to Agency PRAclearance requests. An agency may notconduct or sponsor, and a person is notrequired to respond to, a collection ofinformation unless it displays acurrently valid OMB control number.The OMB control numbers for EPA’sregulations are listed in 40 CFR Part 9and 48 CFR Chapter 15.

FOR FURTHER INFORMATION CONTACT:Sandy Farmer (202) 260–2740, Pleaserefer to the EPA ICR No.


OMB Responses to Agency PRAClearance Requests

OMB ApprovalsEPA ICR No. 0012.09; Motor Vehicle

and Non-Road Engine ExclusionDetermination; was approved 07/31/95;OMB No. 2060–0124; expires 07/31/98.

EPA ICR No. 0270.34; Public WaterSystem Supervision Program, PublicNotification and EducationRequirements; was approved 09/27/95;OMB No. 2040–0090; expires 03/31/97.

EPA ICR No. 1170.05; Collection ofEconomic and Program Support Data;was approved 08/23/95; OMB No. 2040–0034; expires 08/31/98.

EPA ICR No. 1051.06; NSPS SubpartF, Portland Cement Plants; wasapproved 08/30/95; OMB No. 2060–0025; expires 08/31/98.

EPA ICR No. 0143.05; RecordkeepingRequirements for Producers ofPesticides Under Section 8 of theFederal Insecticide, Fungicide, andRodenticide Act (FIFRA); was approved08/14/95; OMB No. 2070–0028;; expires08/31/98.

EPA ICR No. 1284.04; New SourcePerformance Standard for the PolymericCoating of Supporting Substrates


Facilities; was approved 08/31/95; OMBNo. 2060–0181; expires 08/31/98.

EPA ICR No. 0168.06; NationalPollutant Discharge Elimination Systemand Sewage Sludge Management StateProgram; was approved 08/30/95; OMBNo. 2040–0057; expires 08/31/98.

EPA ICR No. 1078.04; NSPS SubpartNN, Phosphate Rock; was approved 08/30/95; OMB No. 2060–0111; expires 08/31/98.

EPA ICR No. 0226.12; Application forNPDES Discharge Permit and theSewage Sludge Management Permit;was approved 08/30/95; OMB No. 2040–0086; expires 08/31/98.

EPA ICR No. 1158.05; Rubber TireManufacturing, Standard ofPerformance for New StationarySources; was approved 07/31/95; OMBNo. 2060–0156; expires 07/31/98.

EPA ICR No. 1062.05; NSPSMonitoring for Coal PreparationPlants—Subpart Y; was approved 08/30/95; OMB No. 2060–0122; expires 08/31/98.

EPA ICR No. 1488.03 Superfund SiteEvaluation and Hazardous RankingSystem; was approved 07/31/95; OMBNo. 2050–0095; expires 07/31/98.

EPA ICR No. 0029.06; NPDESModification and Variance Requests;was approved 08/29/95; OMB No. 2040–0068; expires 08/31/98.

EPA ICR No. 1367.04; GasolineVolatility Rule; was approved 08/29/95;OMB No. 2060–0178; expires 08/31/98.

EPA ICR No. 0941.05; Quality Control(QC) Sample Request Form; wasapproved 08/15/95; OMB No. 2080–0016; expires 08/31/98.

EPA ICR No. 1602.02; MaximumAchievable Control TechnologyStandards Development under Title III(Section 112 of the Clean Air ActRegulatory Development Program; wasapproved 08/03/95; OMB No. 2060–0239; expires 08/31/98.

EPA ICR No. 1652.02; NESHAP forHalogenated Solvent Cleaners/Halogenated Hazardous Air Pollutants(HAP); was approved 12/02/94; OMBNo. 2060–0273; expires 12/31/97.

EPA ICR No. 1601.03; Air PollutionRegulations for Outer Continental Shelf(OCS) Activities: Reporting, Recording,Recordkeeping, and TestingRequirements; was approved 08/29/95;OMB No. 2060–0249; expires 08/31/98.

EPA ICR No. 0661.05; NSPS forAsphalt Processing and Asphalt RoofingManufacturing—40 CFR Part 60,Subpart UU; was approved 07/28/95;OMB No. 2060–0002; expires 07/31/98.

EPA ICR No. 1084.04; NSPS Subpart000, Nonmetallic Mineral ProcessingPlants; was approved 08/30/95; OMBNo. 2060–0050; expires 08/31/98.

EPA ICR No. 0167.05; Verification ofTest Parameters and Parts Lists forLight-Duty Vehicles, Light-Duty Trucks,and Heavy-Duty Engines; was approved08/25/95; OMB No. 2060–0094; expires08/31/98.

EPA ICR No. 0657.05 NSPS forGraphic Arts Industry—Subpart QQ;was approved 07/28/95; OMB No. 2060–0105; expires 07/31/98.

OMB Extensions of Expiration Dates

EPA ICR No. 1500.02; NationalEstuary Program; OMB No. 2040–0138;expiration date was extended to 03/31/96.

EPA ICR No. 0275.05; PreawardCompliance Review Report for allApplicants Requesting FederalFinancial Assistance; OMB No. 2090–0014; expiration date was extended to03/31/96.

EPA ICR No. 1504.02; Data Generationfor Registration; OMB No. 2070expiration date was extended to 06/30/96.

EPA ICR No. 1069.04; Standards ofPerformance for Iron and Steel Plants(Basic Oxygen Process Furnaces)—NSPSSubpart N, NA, OMB No. 2060–0029;expiration date was extended to 03/31/96.

EPA ICR No. 1617.01; The Servicingof Motor Vehicles Air Conditioning;OMB No. 2060–0247; expiration datewas extended to 01/31/96.

EPA ICR No. 1286.03; Used OilManagement Standards; OMB No. 2050–0124; expiration date was extended to03/31/96.

EPA ICR No. 0746.02; New SourcePerformance Standards for Calcines andDryers in Mineral Industries, Reportingand Recordkeeping; OMB No. 2060–0251; expiration date was extended to03/31/96.

EPA ICR No. 1100.07; NationalEmission Standards for Hazardous AirPollutants: Radionuclides; OMB No.2060–0191; expiration date wasextended to 01/31/96.

EPA ICR No. 1622.01; NationalEnvironmental Education AwardsProgram; OMB No. 2015–003; expirationdate was extended to 02/28/96.

Dated: November 7, 1995.Joseph Retzer,Director, Regulatory Information Division.[FR Doc. 95–28180 Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–M

[OPP–30395; FRL–4985–2]

Certain Companies; Applications toRegister Pesticide Products


ACTION: Notice.

SUMMARY: This notice announces receiptof applications to register pesticideproducts containing a new activeingredient not included in anypreviously registered products and aproduct involving a changed use patternpursuant to the provisions of section3(c)(4) of the Federal Insecticide,Fungicide, and Rodenticide Act(FIFRA), as amended.DATES: Written comments must besubmitted by December 15, 1995.ADDRESSES: By mail, submit writtencomments identified by the documentcontrol number [OPP–30395] and thefile symbol to: Public Response andProgram Resources Branch, FieldOperations Divisions (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcomments to: Environmental ProtectionAgency, Rm. 1132, CM #2, 1921Jefferson Davis Hwy., Arlington, VA.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will be accepted ondisks in Wordperfect in 5.1 file formator ASCII file format. All comments anddata in electronic form must beidentified by the docket number [OPP–30395]. No ‘‘Confidential BusinessInformation’’ (CBI) should be submittedthrough e-mail. Electronic comments onthis notice may be filed online at manyFederal Depository Libraries. Additionalinformation on electronic submissioncan be found below in this document.

Information submitted as a commentconcerning this notice may be claimedconfidential by marking any part or allof that information as ‘‘ConfidentialBusiness Information’’ (CBI).Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excludingholidays.FOR FURTHER INFORMATION CONTACT: Bymail: George T. LaRocca, ProductManager (PM 13), Registration Division(7505C), Office of Pesticide Programs,


Environmental Protection Agency, 401M St., SW., Washington, DC 20460.Office location and telephone number:Rm. 206, CM #2, 1921 Jefferson DavisHwy, Arlington, VA 22202, (703) 305–6100; e-mail:[email protected] INFORMATION: EPAreceived applications to registerpesticide products containing an activeingredient not included in anypreviously registered products and aproduct involving a changed use patternpursuant to the provisions of section3(c)(4) of FIFRA. Notice of receipt ofthese applications does not imply adecision by the Agency on theapplications.

1. Products Containing ActiveIngredients Not Included In AnyPreviously Registered Products

1. File Symbol: 62719–EAT.Applicant: DowElanco, 9330 ZionvilleRoad, Indianapolis, IN 46268. Productname: NAF-85. Insecticide. Activeingredients: (Spinosad (proposedcommon name) 2-[(6-deoxy-2,3,4-tri-O-methyl-alpha-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione,[2R [2R*,3aS*,5aR*,5bS*,9S*,13S*(2R*,5S*,6R*),14R*,16aS*,16bR*]](9Cl) and 2-[(6-deoxy-2,3,4-tri-O-methyl-alpha-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione, [2S[2R*,3aS*,5aR*,5bR*,9R*,13R*(2S*,5R*,6S*),14S*,16aR*,16bR*]](9Cl) at 44.2percent. Proposed Use: For insectmanagement on cotton.

2. File Symbol: 62719–EAA.Applicant: DowElanco. Product name:XDE-105 Technical. Insecticide. Activeingredients: (Spinosad (proposedcommon name) 2-[(6-deoxy-2,3,4-tri-O-methyl-alpha-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione,[2R [2R*,3aS*,5aR*,5bS*,9S*,13S*(2R*,5S*,6R*),14R*,16aS*,16bR*]](9Cl) and 2-[(6-deoxy-2,3,4-tri-O-methyl-alpha-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-

tetradecahydro-4,14-dimethyl-1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione, [2S[2R*,3aS*,5aR*,5bR*,9R*,13R*(2S*,5R*,6S*),14S*,16aR*,16bR*]](9Cl) at 90.4percent. Proposed Use: Formanufacturing use only in theformulation of products used for insectmanagement on cotton.

II. Product Involving a Changed UsePattern

File Symbol: 1021–RATI. Applicant:McLaughlin Gormley King Company,8810 Tenth Avenue, N. Minneapolis,MN 55427–4372. Product name:Responde Insecticide. Insecticide.Active ingredient: Prallethrin (RS)-2-methyl-4-oxo-(2-propynyl) cyclopent-2-enyl-(1RS)-cis; trans-chrysanthemate at9.05 percent. Proposed Use: To includein its presently registered use a new useoutdoors to control adult mosquitoes.

Notice of approval or denial of anapplication to register a pesticideproduct will be announced in theFederal Register. The procedure forrequesting data will be given in theFederal Register if an application isapproved.

Comments received within thespecified time period will be consideredbefore a final decision is made;comments received after the timespecified will be considered only to theextent possible without delayingprocessing of the application.

A record has been established for thisnotice under docket number [OPP–30395] (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Rm. 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.




The official record for this notice, aswell as the public version, as describedabove will be kept in paper form.Accordingly, EPA will transfer allcomments received electronically intoprinted, paper form as they are receivedand will place the paper copies in the

official record which will also includeall comments submitted directly inwriting. The official record is the paperrecord maintained at the address in‘‘ADDRESSES’’ at the beginning of thisdocument.

Written comments filed pursuant tothis notice, will be available in thePublic Response and Program ResourcesBranch, Field Operations Division at theaddress provided from 8 a.m. to 4:30p.m., Monday through Friday, excludinglegal holidays. It is suggested thatpersons interested in reviewing theapplication file, telephone this office at(703–305–5805), to ensure that the fileis available on the date of intended visit.


List of SubjectsEnvironmental protection, Pesticides

and pests, Product registration.Dated: October 24, 1995.



[OPP–30389A; FRL–4978–8]

Sankyo Co.; Approval of PesticideProduct Registrations

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice.

SUMMARY: This notice announcesAgency approval of applicationssubmitted by Sankyo Company, toconditionally register the pesticideproducts Tachigaren Technical andTachigaren 70 WP containing newactive ingredients not included in anypreviously registered products pursuantto the provisions of section 3(c)(7)(C) ofthe Federal Insecticide, Fungicide, andRodenticide Act (FIFRA), as amended.FOR FURTHER INFORMATION CONTACT: Bymail: Connie Welch, Product Manager(PM) 21, Registration Division (7505C),Office of Pesticide Programs, 401 M St.,SW., Washington, DC 20460. Officelocation and telephone number: Rm.227, CM #2, Environmental ProtectionAgency, 1921 Jefferson Davis Hwy,Arlington, VA 22202, 703–305–6900; e-mail: [email protected] INFORMATION: EPAissued a notice, published in theFederal Register of June 28, 1995 (60 FR33416), which announced that SankyoCompany Ltd., c/o RockwellEnterprises, Inc., 3331 Esplanade CircleS.E. Rio Rancho, NM 87124, hadsubmitted an application to


conditionally register the pesticideproduct Tachigaren Technical afungicide (EPA File Symbol 48210–E,containing the active ingredienthymexazol (5-methylisoxazol-3-ol) at99.0 percent, an active ingredient notincluded in any previously registeredproducts.

EPA subsequently received anapplication from Sankyo to register theend-use product Tachigaren 70 WP(EPA File Symbol 48210–R), containingthe active ingredient hymexazol at 70.0percent, an active ingredient notincluded in any previously registeredproduct. However, since the notice ofreceipt of application was not publishedin Federal Register, as required byFIFRA, as amended, interested partiesmay submit written comments within30 days from the date of publication ofthis notice for this product only.Comments and data may also besubmitted electronically by sendingelectronic mail; e-mail to: [email protected]. More detailedinformation is found in all documentsrequesting comments as of May 1995.

The applications were approved onAugust 4, 1995, for one technical andone end-use product listed below:

1. Tachigaren Technical formanufacturing or formulation use as aseed treatment of sugar beet seeds (EPARegistration Number 48210–2).

2. Tachigaren 70 WP for use only bycommercial seed treaters on sugar beets(EPA Registration Number 48210–1).

A conditional registration may begranted under section 3(c)(7)(C) ofFIFRA for a new active ingredient wherecertain data are lacking, on conditionthat such data are received by the endof the conditional registration periodand do not meet or exceed the riskcriteria set forth in 40 CFR 154.7; thatuse of the pesticide during theconditional registration period will notcause unreasonable adverse effects; andthat use of the pesticide is in the publicinterest.

The Agency has considered theavailable data on the risks associatedwith the proposed use of hymexazol (5-methylisoxazol-3-ol), and informationon social, economic, and environmentalbenefits to be derived from such use.Specifically, the Agency has consideredthe nature and its pattern of use,application methods and rates, and leveland extent of potential exposure. Basedon these reviews, the Agency was ableto make basic health and safetydeterminations which show that use ofhymexazol (5-methylisoxazol-3-ol)during the period of conditionalregistration will not cause anyunreasonable adverse effect on the

environment, and that use of thepesticide is, in the public interest.

These products are conditionallyregistered in accordance with FIFRAsection 3(c)(7)(C). If the conditions arenot complied with the registrations willbe subject to cancellation in accordancewith FIFRA section 6(e). Sankyo mustmake sure that the studies listed beloware filled within the next 12 months:

1. Avian Dietary.2. Aquatic Growth.3. Phytotoxicity and Commercial

Applicator Exposure.Consistent with section 3(c)(7)(C), the

Agency has determined that theseconditional registrations are in thepublic interest. Use of the pesticides areof significance to the user community,and appropriate labeling, use directions,and other measures have been taken toensure that use of the pesticides will notresult in unreasonable adverse effects toman and the environment.

More detailed information on theseconditional registrations is contained inan EPA Pesticide Fact Sheet onhymexazol (5-methylisoxazol-3-ol).

A copy of this fact sheet, whichprovides a summary description of thechemical, use patterns andformulations, science findings, and theAgency’s regulatory position andrationale, may be obtained from theNational Technical Information Service(NTIS), 5285 Port Royal Road,Springfield, VA 22161.

In accordance with section 3(c)(2) ofFIFRA, a copy of the approved label andthe list of data references used tosupport registration are available forpublic inspection in the office of theProduct Manager. The data and otherscientific information used to supportregistration, except for materialspecifically protected by section 10 ofFIFRA, are available for publicinspection in the Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, Rm. 1132, CM #2,Arlington, VA 22202 (703–305–5805).Requests for data must be made inaccordance with the provisions of theFreedom of Information Act and mustbe addressed to the Freedom ofInformation Office (A-101), 401 M St.,SW., Washington, D.C. 20460. Suchrequests should: (1) Identify the productname and registration number and (2)specify the data or information desired.


List of Subjects

Environmental protection, Pesticidesand pests, Product registration.




[PF–631; FRL–4971–5]

Pesticide Tolerance Petitions;Amendments


SUMMARY: This notice announces initialfilings, amendments, and withdrawal ofpesticide petitions (PP) and food andfeed additive petitions (FAP) proposingthe establishment of regulations forresidues of certain pesticide chemicalsin or on various agriculturalcommodities.ADDRESSES: By mail, submit writtencomments to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460. In person, bringcomments to: Rm. 1132, CM #2, 1921Jefferson Davis Hwy., Arlington, VA22202.

Information submitted as a commentconcerning this notice may be claimedconfidential by marking any part or allof that information as ‘‘ConfidentialBusiness Information’’ (CBI).Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket number[PF-631]. No Confidential BusinessInformation (CBI) should be submitted


through e-mail. Electronic comments onthis document may be filed online atmany Federal Depository Libraries.Additional information on electronic

submissions can be found below in thisdocument.FOR FURTHER INFORMATION CONTACT: Bymail: Registration Division (7505C),Office of Pesticide Programs,

Environmental Protection Agency, 401M St., SW., Washington, DC 20460. Inperson, contact the PM named in eachpetition at the following office location/telephone number:

Product Manager Office location/telephone num-ber/e-mail Address

Rick Keigwin, Jr. (PM 10) ............................................. Rm. 210, CM #2, 703-305-6788; e-mail: [email protected]..

1921 Jefferson Davis Hwy., Arlington, VA.

George LaRocca (PM 13) ............................................. Rm. 204, CM #2, 703-305-6100; e-mail: [email protected]..

Do.

Connie Welch (PM 21) .................................................. Rm. 227, CM #2, 703-305-6226; e-mail: [email protected]..

Do.

Theresa A. Stowe (Acting PM 22) ................................ Rm. 261, CM #2, 703-305-6117; e-mail:[email protected]..

Do.

Joanne Miller (PM 23) ................................................... Rm. 237, CM #2, 703-305-7830; e-mail: [email protected]..

Do.

Rita Kumar .................................................................... 5th Floor, CS #1, 703-308-8709; e-mail: [email protected]..


Denise Greenway .......................................................... 5th Floor, CS #1, 703-308-8263; e-mail: [email protected]..

Do.

SUPPLEMENTARY INFORMATION: EPA hasreceived pesticide petitions and food/feed additive petitions as followsproposing the amendment of regulationsfor residues of certain pesticidechemicals in or on various agriculturalcommodities.

Initial Filings1. PP 5E4435. Nihon Nohyaku Co.,

Ltd., 2-5 Nihonsbashi 1-Chome, Chuo-ku, Tokyo 103, Japan, has submitted thepetition proposing to establish a newtolerance in 40 CFR part 180 permittingresidues of the miticide fenpyroximate(t-butyl (E)-alpha (1,3-dimethyl-5-phenoxy-pyrazol-4-ylmethyleneamino-oxy-p-toluate) (CAS 134098-61-6) andits metabolites (z-isomer and demethylfenpyroximate) in or on wine grapes at1 part per million (ppm), green hops at4 ppm, and dried hops at 7 ppm. (PM10)

2. PP 5E4504. DuPont AgriculturalProducts, Walker’s Mill, Barley MillPlaza, P.O. Box 80038, Wilmington, DE19880-0038, proposes amending 40 CFRpart 180 by establishing importtolerances for cymoxanil, (E)-2-cyano-N-[(ethylamino) carbonyl)]-2-(methoxyimino) acetamide, in or on theraw agricultural commodities grapes at0.1 ppm and tomatoes at 0.1 ppm. Theproposed analytical method fordetermining residues is gaschromatography with a nitrogenphosphorus detector. (PM 21)

3. PP 5E4524. F. Russel CookAssociates, REDA Bldg., Suite 217, 401S.E. Dewey, Bartlesville, OK 74005, hassubmitted a petition on behalf of Biosys(formerly AgriSense) to amend 40 CFRpart 180 to establish a genericexemption from the requirement of atolerance for acrylate polymers andcopolymers which fit the ToxicSubstances Control Act definition ofpolymers which are intrinsically safe.(Rita Kumar)

4. PP 4F4393. Plant BioTech, Inc., 702Coronado Rd., Corrales, NM 87048, hassubmitted the petition proposing that 40CFR 180.1042 be amended to establishan exemption from the requirement of atolerance for the plant regulator aqueousextract of seaweed meal in or on allfruits, berries, nuts, vegetables, andgrains. (Denise Greenway)

5. PP 5F4475. Bayer Corp., 8400Hawthorn Rd., P.O. Box 4913, KansasCity, MO 64120-0013, has submitted thepetition proposing that 40 CFR 180.436be amended to establish a tolerance forcyfluthrin, cyano (4-fluoro-3-phenoxyphenyl) methyl 3-(2,2-dichloroethylnyl)-2,2-dimethyl cyclo-propancecarboxylate, in or on corn, rice,and wheat grains at 2 parts per million(ppm), sorghum grain at 4 ppm,aspirated grain fractions at 300 ppm,cattle fat at 6 ppm, and milk fat at 20ppm resulting from the postharvesttreatment of stored grain and grainstorage structures (PM 13).

6. PP 5F4498. Ciba Crop Protection,Ciba-Geigy Corp., P.O. Box 18300,Greensboro, NC 27419-8300, hassubmitted the petition proposing that 40CFR 180.434 be amended byestablishing inadvertent/rotational croptolerances for residues of the fungicide1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazoleand its metaboltes determined as 2,4-dichlorobenzoic acid and expressed asparent compound equivalent in or onthe following raw agriculturalcommodities: grain sorghum, grain at0.2 ppm; grain sorghum, forage at 0.3ppm; grain sorghum, fodder (stover) at0.3 ppm; alfalfa, forage at 0.1 ppm;alfalfa, hay at 0.1 ppm. The proposedanalytical method for determiningresidues is AG-454A. (PM 21)

7. PP 5F4537. Sandoz Agro, Inc., 1300East Touhy Ave., Des Plaines, IL 60018,proposes to amend 40 CFR part 180 byestablishing a regulation to permitresidues of the fungicide cyproconazole,2-(4-chlorophenyl)-3-cyclopropyl-1-,2,4-triazole-1-yl)butan-2-ol, in or on the rawagricultural commodities banana (pulp)at 0.01 ppm, wheat grain at 0.02 ppm,wheat straw at 2.0 ppm, peanut nutmeatat 0.02 ppm, peanut hulls at 0.5 ppm,and liver of beef cattle at 0.2 ppm. (PM21)

8. PP 5F4549. Sandoz Agro, Inc., 1300E. Touhy Ave., Des Plaines, IL 60018,has submitted the petition proposing toamend 40 CFR 180.464 to establish


tolerances for residues of the herbicidedimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-dimethyl-thien-3-yl)-acetamide, in or on the followingcommodities: grain sorghum, sorghumforage, and sorghum fodder at 0.01 ppm,dry bean seed and dry bean straw/hayat 0.01 ppm, sweet corn (kernel plus cobwith husk removed), sweet corn forage,sweet corn dry grain, and sweet cornfodder (stover) at 0.01 ppm, and peanutnutmeat, peanut forage, peanut hay, andpeanut hulls at 0.02 ppm. The proposedanalytical method for determiningresidues is by gas chromatography. (PM22)

9. PP 5F4556. Bayer Corp., P.O. Box4913, Kansas City, MO 64120-0013,proposes amending 40 CFR 180.349 toestablish tolerances for ethyl 3-methyl-4-(methylthio) phenyl (1-methylethyl)phosphoramidate in or on almonds at0.3 ppm, almond hulls at 0.4 ppm, andpecans at 3.5 ppm. The proposedmethod for determining residues is gaschromatography procedure using aflame ionization detector. (PM 22)

10. PP 5F4558. ISK Biosciences Corp.,5966 Heisly Rd., P.O. Box 8000, Mentor,OH 44061-8000, has submitted thepetition proposing that 40 CFR 180.275be amended by establishing tolerancesfor residues of chlorothalonil(tetrachlorisophthalonitrile) and itsmetabolites 4-hydroxy-2,4,6-trichloroisophthalonitrile in or onalmonds, nutmeat at 0.05 ppm andalmonds, hulls at 1.0 ppm. (PM 22)

11. PP 5F4561. The Ziram Task Force,consisting of NPC, Inc., 22636 GlennDrive, Suite 304, Sterling, VA 20164, ElfAtochem North America, Inc.,Agrichemicals Div., 21st Floor, 2000Market St., Philadelphia, PA 19103-3222, and UCB Chemicals Corp., 2000Lake Park Drive, Smyrna, GA 30080, hassubmitted the petition proposing for thefungicide ziram (zincdimethyldithiocarbamate), calculated aszinc ethylenebisdithiocarbamate, toamend 40 CFR 180.116 to add a newtolerance for almond hulls at 20 ppmand amend the existing tolerance forapricots from 7.0 ppm to 20 ppm. (PM23)

12. FAP 5H5717. Bayer Corp. hassubmitted the petition proposing that 40CFR 185.1250 and 186.1250 be amendedto establish a tolerance for cyfluthrin inor on corn starch and wheat bran at 3ppm; corn flour at 4 ppm; corn, refinedoil (wet milling) at 12 ppm; corn,refined oil (dry milling) at 15 ppm; corn,milled byproducts at 4 ppm; rice, hullsat 9 ppm and wheat, milled byproductsat 3 ppm, resulting from the postharvesttreatment of stored grain and grainstoreage structures.

According to the petition, thetoxicology data required to establishcyfluthrin tolerances have beenpreviously submitted to and accepted bythe Agency. Cyfluthrin tolerances havebeen established for raw agriculturalcommodities listed in 40 CFR 180.436,in or on various food commodities listedin 40 CFR 185.1250, and in or onvarious feed commodities listed in 40CFR 186.1250. Additional toxicologydata requested have been comitted toand submitssion dates are proposed.Previously submitted residue chemistrydata are cited and also included aremagnitude of the residues in the rawagricultural commodities and processedcommodities data to support thesetolerances. Discussions regardingpotential secondary residues inlivestock commodities as a result ofprimary residues on various feestocksare included with this submission.These discussions provide the supportfor the tolerances proposed for beef fatand milkfat (as a component of wholemilk). The toxicological and metabolismdata and analytical methods forenforcement purposes in support ofthese tolerances are discussed in detainin related documents published in theFederal Register of July 28, 1995 (60 FR33360).

The tolerances for cyfluthrinproposed in the petition are based onthe postharvest treatment of storedgrains and grain storage structures tocontrol stored grain pests.

An estimation of the resulting dietaryexposure of cyfluthrin from theestablishment of the tolerancesproposed is included with this petition.Based on these assumptions theaddition of the tolerances associatedwith the use of cyfluthtrin proposed inthe petition is estimated to result in anincrease in dietary exposure to residuesof cyfluthrin such that total dietaryexposure to cyfluthrin is still below theRfD. (PM 13)

Amended Filings

13. PP 0F3915 EPA gave notice in theFederal Register of May 29, 1991 (56 FR24189), that Mobay Corp., P.O. Box4913, Kansas City, MO 64120-0013, hadrequested that 40 CFR part 180 beamended to establish tolerances forethyl 3-methyl-4-(methylthio) phenyl (1-methylethyl) phosphoramidate in or onalmonds at 0.3 ppm, almond hulls at 0.4ppm, pecans at 3.5 ppm, plums at 0.02ppm, and walnuts at 0.4 ppm. BayerCorp. (previously Mobay Corp.) hasamended the petition by withdrawingthe request for almonds at 0.3 ppm,almond hulls at 0.4 ppm, and pecans at3.5 ppm. (PM 22)

14. PP 2F4086. In a notice publishedin the Federal Register of June 10, 1992(57 FR 24645), and amended in theFederal Register of June 15, 1995 (60 FR31465), it was announced that Ciba CropProtction, Ciba-Geigy Corp., P.O. Box18300, Greensboro, NC 27419-8300, hadsubmitted PP 2F4086 proposing that 40CFR 180.434 be amended to establishtolerances for the fungicide 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole and itsmetabolites determined as 2,4-dichlorobenzoic acid and expressed asparent compound equivalent in or onoat grain at 0.1 ppm, oat straw at 0.1ppm, and oat forage at 10 ppm. Ciba hasfurther amended the petition to proposeestablishing tolerances for the fungicidepropiconazole in or on oat grain at 0.1ppm, oat straw at 1.0 ppm, oat forage at10.0 ppm, and oat hay at 30.0 ppm. (PM21)

15. PP 4F4321. In a notice publishedin the Federal Register of November 2,1994 (59 FR 54906), it was announcedthat Ciba Crop Protction, Ciba-GeigyCorp., P.O. Box 18300, Greensboro, NC27419-8300, had submitted PP 4F4321proposing that 40 CFR 180.434 beamended to establish a tolerance for thefungicide 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole and its metabolitesdetermined as 2,4-dichlorobenzic acidand expressed as parent compoundequivalent in or on stone fruit cropgrouping at 1.0 ppm. Ciba has submittedan amended petition proposing toestablish a tolerance for propiconazolein or on stone fruit crop grouping at 1.5ppm. (PM 21)

16. PP 8F3600. DowElanco, 9330Zionsville Rd., Indianapolis, IN 46268-1054, has submitted an amendedpetition proposing to amend 40 CFR180.431 by revising tolerances for theresidues of the herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic acid) inor on sugarbeet roots from 0.5 ppm to1.0 ppm and sugarbeet tops from 0.5ppm to 1.0 ppm. The original notice offiling for this petition appeared in theFederal Register of May 27, 1992 (57 FR22231). The proposed analytical methodfor determining residues is gaschromatography with electron capturedetection. (PM 23)

17. PP 8H5551. DowElanco, 9330Zionsville Rd., Indianapolis, IN 46268-1054, has submitted an amendedpetition proposing to amend 40 CFR186.1100 by revising tolerances for theresidues of the herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic acid) inor on sugarbeet molasses from 7.0 ppmto 8.0 ppm. The original notice of filingfor this petition appeared in the FederalRegister of May 27, 1992 (57 FR 22231).


The proposed analytical method fordetermining residues is gaschromatography with electron capturedetection. (PM 23)

Withdrawn Petitions

18. PP 3F4251 Ciba-Geigy Corp., P.O.Box 18300, Greensboro, NC 27419-8300,has requested that PP 3F4251 toestablish tolerances for metolachlor ingrasses grown for seed be withdrawnwithout prejudice to future filing. Theoriginal notice of filing appeared in theFederal Register of October 21, 1993 (58FR 54353). (PM 23)

19. PP 6F1770. Bayer Corp., P.O. Box4913, Kansas City, MO 64120-0013, hasrequested that this petition to establishtolerances for ethyl 3-methyl-4-(methylthio) phenyl (1-methylethylphosphoramidate in or on carrots bewithdrawn without prejudice to futurefiling. Notice of this petition appearedin the Federal Register of May 12, 1976(41 FR 19373). (PM 22)

A record has been established for thisrulemaking under docket number [PF-631] (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Rm. 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.


[email protected]



List of SubjectsEnvironmental protection,

Agricultural commodities, Pesticidesand pests, Feed additives, Foodadditives, Reporting and recordkeepingrequriements.


Dated: September 27, 1995.


[FR Doc. 95–28071; Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–F

[PF–638; FRL–4986–8]

Pesticide Tolerance Petitions; Filingsand Amendments


SUMMARY: This notice announces initialfilings and amendments of pesticidepetitions (PP) and food and feedadditive petitions (FAP) proposing theestablishment of regulations for residuesof certain pesticide chemicals in or onvarious agricultural commodities.ADDRESSES: By mail, submit writtencomments to: Public Response andProgram Resources Branch, FieldOperations Division (7506C), Office ofPesticide Programs, EnvironmentalProtection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bringcomments to: Rm. 1132, CM #2, 1921Jefferson Davis Hwy., Arlington, VA22202.

Information submitted as a commentconcerning this notice may be claimedconfidential by marking any part or allof that information as ‘‘ConfidentialBusiness Information’’ (CBI).Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the comment that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice. All writtencomments will be available for publicinspection in Rm. 1132 at the addressgiven above, from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to: [email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket number[PF-638]. No Confidential BusinessInformation (CBI) should be submittedthrough e-mail. Electronic comments onthis document may be filed online atmany Federal Depository Libraries.Additional information on electronicsubmissions can be found below in thisdocument.

FOR FURTHER INFORMATION CONTACT: Bymail: Registration Division (7505C),Office of Pesticide Programs,Environmental Protection Agency, 401M St., SW., Washington, DC 20460. Inperson, contact the PM named in eachpetition at the following office location/telephone number:

Product Manager Office location/telephone num-ber/e-mail Address

Dennis Edwards (PM 19) .............................................. Rm. 205, CM #2, 703-305-6386; e-mail: [email protected]..


Robert Taylor (PM 25) .................................................. Rm. 241, CM #2, 703-305-6027; e-mail: [email protected]..

Do.

SUPPLEMENTARY INFORMATION: EPA hasreceived pesticide petitions and food/feed additive petitions as followsproposing the amendment of regulationsfor residues of certain pesticide

chemicals in or on various agriculturalcommodities.

Initial Filings

1. PP 5E4479. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposes


to amend 40 CFR part 180 by estblishinga regulation to permit residues ofTouchdown Herbicide containingglyphosate-trimesium (formerlysulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on the raw agriculturalcommodity bananas at 0.05 part permillion (ppm). (PM 25)

2. PP 4F4343. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 180 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on the raw agriculturalcommodities tree nuts at 0.05 ppm;almond hulls (of which no more than0.5 ppm is trimethylsulfonium) at 2.00ppm. (PM 25)

3. PP 5F4600. Bayer Corp., 8400Hawthorn Rd., P.O. Box 4913, KansasCity, MO 64120-0013, proposes toamend 40 CFR 180.472 by establishinga regulation to permit residues ofimidacloprid, 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine, in or on pome fruit(fresh fruit), including apple, pear,crabapple, loquat, mayhaw, pear(oriental) and quince, at 0.6 ppm. (PM19)

4. FAP 1H5606. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 186 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on grape dried pomace andraisins (of which no more than 0.05ppm is trimethylsulfonium) at 0.2 ppm.(PM 25)

5. FAP 5H5733. Bayer Corp., 8400Hawthorn Rd., P.O. Box 4913, KansasCity, MO 64120-0013, proposes toamend 40 CFR part 185 by establishinga regulation to permit residues ofimidacloprid, 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine, in or on apples,pomace (wet or dried) at 4.0 ppm. (PM19)

Amended Filings6. PP 0F3860. Zeneca AG Products,

1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 180 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-

te, in or on the raw agriculturalcommodities soybean seed (of which nomore than 1 ppm is trimethylsulfonium)at 3.00 ppm; soybean hay (of which nomore than 2 ppm is trimethylfulfonium)at 5.00 ppm; soybean forage (of whichno more than 1 ppm istrimethylfulfonium) at 2.00 ppm;aspirated grain fractions (of which nomore than 60 ppm istrimethylsulfonium) at 210.00 ppm;meat byproducts of cattle, goats, hogs,horses, and sheep at 1.00 ppm; fat ofcattle, goats, hogs, horses, and sheep at0.10 ppm; meat of cattle, goats, hogs,horses, and sheep at 0.2 ppm; milk at0.2 ppm; poultry fat, liver, and meat at0.05 ppm; poultry byproducts (exceptliver) at 0.10 ppm; and eggs at 0.02 ppm.The petition originally appeared in theFederal Register of July 18, 1990 (55 FR29267), and proposed establishingtolerances in or on soybean hay at 3.0ppm; soybean seed at 2.0 ppm; andsoybean forage at 1.0 ppm. (PM 25)

7. PP 0F3890. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 180 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on the raw agriculturalcommodities citrus fruits at 0.05 ppm.The petition originally appeared in theFederal Register of January 16, 1991 (56FR 1632), and proposed establishingtolerances in or on citrus fruits at 0.5ppm. (PM 25)

8. PP 1F3950. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 180 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on grapes at 0.1 ppm. Thepetition originally appeared in theFederal Register of April 3, 1991 (56 FR13642), and proposed establishingtolerances in or on the raw agriculturalcommodity grapes at 0.2 ppm. (PM 25)

9. PP 9F3796. Zeneca AG Products,1800 Concord Pike, P.O. Box 15458,Wilmington, DE 19850-5458, proposesto amend 40 CFR part 180 byestablishing a regulation to permitresidues of Touchdown Herbicidecontaining glyphosate-trimesium(formerly sulfosate), trimethylsulfoniumcarboxymethylaminomethylphosphona-te, in or on the raw agriculturalcommodities corn grain at 0.2 ppm; cornfodder at 0.3 ppm; and corn forage at 0.1ppm. The petition originally appeared

in the Federal Register of April 12, 1990(55 FR 13829), and proposedestablishing tolerances in or on corngrain at 0.1 ppm, corn fodder at 0.2ppm, and corn forage at 0.2 ppm. (PM25)

A record has been established for thisrulemaking under docket number [PF-638] (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 8 a.m. to4:30 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in Rm. 1132 of thePublic Response and Program ResourcesBranch, Field Operations Division(7506C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHighway, Arlington, VA.


[email protected]



List of Subjects

Environmental protection,Agricultural commodities, Pesticidesand pests, Feed additives, Foodadditives, Reporting and recordkeepingrequirements.




[FR Doc. 95–28072; Filed 11–14–95; 8:45 am]BILLING CODE 6560–50–F


FEDERAL COMMUNICATIONSCOMMISSION

New Features of Broadband PCS CBlock FCC Form 175 ApplicationSoftware

November 3, 1995.This Public Notice highlights

important features of the FCC Form 175Application Software (applicationsoftware) to be used in the BroadbandPCS C block auction. These featureswere added to the application softwarethat potential bidders received prior tothe cancelled auction dates of June 8,1995 and August 2, 1995. The newapplication software, entitled‘‘F175v5.exe,’’ was made available topotential bidders over the Internet andthe FCC Auction Bulletin Board Serviceon October 18, 1995.

The instructions in the ‘‘Readme File’’of the new application software directapplicants to place ‘‘confidentialinformation’’ in Exhibit E. In previousversions of the electronic software,Exhibit E was reserved formiscellaneous or ‘‘other’’ information.With the new application software,applicants must include miscellaneousor ‘‘other’’ information in the Exhibit (A,B, C or D) that appears mostappropriate. Applications that containmiscellaneous or ‘‘other’’ information inExhibit E will be deemed incompleteand must be resubmitted with theinformation inserted in the properexhibit prior to the resubmission date.

In addition, only those applicantswho have previously sought andreceived approval from the Commissionto include ‘‘confidential’’ informationwith their application should enter suchinformation in Exhibit E. Any otherapplications that submit anyinformation in Exhibit E will beconsidered incomplete. Theseapplicants will then be permitted toresubmit their incomplete applicationswith the information included in theappropriate exhibit during theresubmission period. Applicants shouldbe aware that all information requiredby the Commission’s Rules inconnection with applications toparticipate in spectrum auctions isnecessary to determine the applicants’qualifications and, as such, will beavailable for public inspection.Accordingly, the Commission envisionsthat confidentiality requests would begranted only in rate instances, if ever.Applicants requesting confidentialtreatment for any information requiredas a condition to participate in theauction must follow the procedures setout in § 0.459 of the Commission’s Rules(47 CFR 0.459). An applicant’s request

for confidentiality must include ademonstration that it would suffersubstantial competitive harm from thepublic disclosure of the confidentialinformation.

The ‘‘Readme’’ file also containsinstructions on submitting informationin the ‘‘Ownership Worksheet’’ file.Because the ‘‘Ownership Worksheet’’file asks for applicants’ Social SecurityNumbers or Taxpayer IdentificationNumbers, the Commission will notrelease it to the public. Applicants arestrongly encouraged, but are notrequired, to submit the ownershipinformation in this file. In addition, allapplicants are required to submit theownership documentation in Exhibit A,which will be made public. Bysubmitting the ‘‘Ownership Worksheet’’file, applicants help ensure expeditiousprocessing of their applications by theCommission.

Finally, the application softwarecontains a file for waiver requests.Requests for waivers that are madewithin the body of any of the ExhibitsA through D should be repeated in the‘‘Waiver’’ screen. By including waiverrequests in the ‘‘Waiver’’ screen,applicants will help ensure that therequests are properly considered. ForFurther Information, contact: JamieHedlund—Auctions Division, WirelessTelecommunications Bureau, at (202)418–0660.Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 95–28117 Filed 11–14–95; 8:45 am]BILLING CODE 6712–01–M

[FCC 95–455]

Rate Rules for Cable Services

AGENCY: Federal CommunicationsCommission.ACTION: Notice.

SUMMARY: The Federal CommunicationsCommission is seeking comment on itsproposal to waive, on a temporary andtrial basis, certain rules governing therates charged for cable services in DoverTownship, New Jersey, in light of theinitiation there of the first permanentcommercial video dialtone system.DATES: Interested parties may filecomments on or before December 13,1995, and reply comments on or beforeDecember 28, 1995.ADDRESSES: Federal CommunicationsCommission, 1919 M Street, N.W.,Washington, D.C., 20554.FOR FURTHER INFORMATION CONTACT:Rick Chessen, Cable Services Bureau(202) 416–0800.

SUPPLEMENTARY INFORMATION: This is asynopsis of the Order RequestingComments adopted November 2, 1995and released November 6, 1995. Thecomplete text of this Order is availablefor inspection and copying duringnormal business hours in the FCC CableReference Center (room 333), 2033 MStreet, N.W., Washington, D.C., 20554.

Synopsis of the Order RequestingComments

I. IntroductionUnder the Cable Television Consumer

Protection and Competition Act of 1992(the ‘‘1992 Cable Act’’), the Commissionis charged with identifying criteria fordetermining whether rates for cableprogramming service tiers (‘‘CPSTs’’) areunreasonable with respect to cableoperators that are subject to regulation.In carrying out this mandate, theCommission has adopted a rate settingapproach for CPSTs that utilizes acompetitive differential, benchmarks,and cost-of-service factors. By thisOrder, we seek to develop a record thatwould permit us to decide whether towaive, on a temporary and trial basis,certain rules governing the rates chargedfor CPSTs by cable operators servingsubscribers in Dover Township, OceanCounty, New Jersey, in light of theinitiation there of the first permanentcommercial video dialtone (‘‘VDT’’)system.

We tentatively conclude that theprovision of video programming bymultiple independent programmers overa permanent VDT system within thefranchise areas of these cable operators,along with certain other conditionsdescribed below, will ensure that therates the operators charge for cableprogramming services will not beunreasonable. If we are correct as to thesubstantial impact that the VDTprogrammers will have, then we believethat congressional intent would befurthered by a properly conditionedwaiver of our rules on the initiation ofcommercial operation of the VDTsystem, to the extent those rules requirethat rates for CPSTs be set in accordancewith our benchmark or cost-of-servicemethodologies. Such an approach holdsthe promise of reducing theadministrative burdens of rateregulation and providing the cableoperators greater flexibility inresponding to competition anddeveloping their systems throughprogramming and technologicalinnovation, while ensuring that the ratescharged to subscribers for CPSTs are notunreasonable. Providing the cableoperators such flexibility will alsopromote competition with unaffiliated


VDT programmers, who will face noregulatory restrictions in the packagingand pricing of their video offerings. Weadopt this Order to solicit publiccomment on whether we should adoptsuch a waiver, and if we decide to doso, the appropriate scope, duration, andconditions, of such a waiver.

II. The Development of Video DialtoneOn December 15, 1992, the Bell

Atlantic Telephone Companies (‘‘BellAtlantic’’) filed a Section 214application to provide VDT service inDover Township, New Jersey. The VDTsystem includes fiber optic transportfacilities, using fiber to the curbarchitecture. Copper and coaxial cablewith deliver the signals from the curb tothe subscribers’ premises. The VDTsystem is capable of delivering up to384 channels of video capacity at 6megabits per second per channel. BellAtlantic expects to add a VDT capabilityto its Dover Township telephonenetwork at an average rate ofapproximately 1,000 homes per month,reaching its planned final buildout of38,000 homes passed withinapproximately three years. Bell Atlantichas predicted a penetration rate of 35%following the completion of its buildout.Our records indicate that at least twocable operators, Clear TV Cable andCablevision of Monmouth, offer cableservice within Dover Township. Theseoperators soon will find themselves ina unique competitive environment,given that the Bell Atlantic VDT systemin Dover Township will be the first suchsystem to be operated on a non-trialbasis.

III. Regulation of Rates for CableProgramming Services

The question of whether to waive ourCPST rate rules, on the initiation ofpermanent VDT service in DoverTownship, must be viewed against thebackdrop of our existing rules and thestatute from which they emanate. The1992 Cable Act was passed in large partto address Congress’s finding that cableoperators enjoyed ‘‘undue market power. . . as compared to that of consumersand video programmers.’’ (1992 CableAct, § 2(a)(2).) To protect consumersagainst the exercise of this marketpower, the 1992 Cable Act provides forregulation of the rates charged forcertain programming and equipment bycable systems that are not subject to‘‘effective competition.’’ (47 U.S.C.§ 543(a)(2).) The 1992 Cable Actauthorizes local franchising authoritiesto regulate rates for basic programservice and equipment according tocriteria established by the Commissionto ensure that such rates are

‘‘reasonable.’’ (47 U.S.C. § 543(a)(2)(A) &(b)(1).) The Commission is directed toestablish criteria to ensure that CPSTrates are not ‘‘unreasonable.’’ (47 U.S.C.§ 543(a)(2)(B) & (c)(1)(A).)

The language and structure of the1992 Cable Act, and sound policyconsiderations, suggest that wecontinually monitor the impact andappropriateness of our rules as themarket for multichannel videoprogramming evolves, and that incrafting and applying our rules we keeppace with and encourage thedevelopment of competition. Congressexpressly declared its desire forcompetition as opposed to regulation,when feasible. Of course, we mustremain cognizant of our paramount dutyto ensure that CPST rates are notunreasonable. We believe that theinitiation of services by VDTprogrammers whose offerings and rateswill not be subject to regulation, whenconsidered in conjunction with otherfactors, may sufficiently restrain theCPST rates of the Dover Township cableoperators such that they can bepresumed not unreasonable. We believesuch a conclusion is in accord withCongress’ express policy under the 1992Cable Act to ‘‘rely on the marketplace,to the maximum extent feasible,’’ topromote ‘‘the availability to the publicof a diversity of views and informationthrough cable television and other videodistribution media.’’

The statutory definition of effectivecompetition remains the dividing linebetween systems that are subject to rateregulation and those that are not.However, nothing in the 1992 Cable Actprohibits the Commission from adoptingdifferent regulatory rules for differentcategories of operators or from waivingits rules for certain operators orcategories of operators. For the reasonsset forth below, we tentatively concludethat the launch of VDT service in DoverTownship is potentially so significantand unique as to justify, on a two-yeartrial basis, a separate regulatorytreatment for the cable operatorsproviding service there. Accordingly,we tentatively conclude that for thecable systems operating within DoverTownship, a two-year experimentalwaiver of our CPST rate rules, subject tocertain conditions to ensure that ratesremain not unreasonable, is in thepublic interest.

IV. The Significance of Video Dialtoneand Other MVPDs

For a number of reasons, we believethat the availability of VDT service inDover Township may have a profoundeffect on competition there. Thesereasons are grounded in what we

believe to be well established economicprinciples relating to competition. Inparticular, we are guided by an acceptedcompetitive analysis that seeks first todefine the relevant product market andnext to examine market power withinthat market.

A. The Relevant MarketWe tentatively conclude that the

offerings to be delivered over the DoverVDT system will fall within the sameproduct market as the cable operators’CPSTs and therefore constitute apotentially competitive alternative. Weunderstand that seven programmershave reserved space on Bell Atlantic’ssystem. End user subscribers will beable to select offerings from theseprogrammers, individually or incombination. One of the VDTprogrammers, Rainbow Holdings, aCableVision affiliate, will offer 192channels. Another programmer,FutureVision, has reserved 96 channels.In contrast to other alternative MVPDscurrently providing service in the DoverTownship area, both programmersappear capable of providing a full rangeof both broadcast and cablecast servicescomparable to those offered by the twolocal incumbent cable operators. By wayof comparison, according to the WarrenPublishing 1995 Cable TV Factbook oneof the cable operators, Clear TV Cable,currently offers 18 basic service tierchannels, 17 CPST channels, and sevenpremium channels, and the other,CableVision of Monmouth, currentlyoffers 21 basic service tier channels, 15CPST channels, and six premiumchannels. In addition to being in aposition to compete with respect tothese program offerings, the VDT systemwill be equipped to provide interactiveservices and other features not currentlyavailable from existing providers. Thus,there is evidence to suggest that theVDT programmers will be potentcompetitors to cable and will greatlyenhance consumer choice, thusrestraining the cable operators’ ability toraise CPST rates. To confirm ourtentative conclusions, we solicitinformation concerning the specificprogramming that will be available toVDT subscribers in Dover Townshipand appropriate comparisons of thespecific VDT offerings to those of thecable operators.

By statute, the market for comparableprogramming also includesmultichannel multipoint distributionservice (‘‘MMDS’’), direct broadcastsatellite (‘‘DBS’’), and television receive-only (‘‘TVRO’’) satellite programmingservice. 47 U.S.C. § 552(12). Similarly,in the Competition Report we identifieda number of multichannel video


programming distributors (‘‘MVPDs’’),in addition to VDT providers, that offerservices that seemed ‘‘reasonablyinterchangeable’’ with a typical cableoperator’s services, including DBS,TVRO, MMDS, and satellite masterantenna television (‘‘SMATV’’) systems.Competition Report, 59 Fed. Reg.64,657, 9 FCC Rcd at 7642, 7473–7492(1994). The competitive significance ofthese providers will depend upon thepricing and structuring of their videoofferings and their market share. Thus,in our discussion of market powerbelow, we invite comparisons betweenthe offerings of these providers and thecomposition and pricing of the CPSTs ofthe cable operators located in DoverTownship.

Although a typical analysis ofcompetition requires identification of arelevant geographic market, ourproposed waiver effectively defines thegeographic market, for purposes of thisproceeding, as being the franchise areasof the two cable operators. However, thedegree of proposed overlap between theVDT service area and each of the cablefranchise areas is important. If, forexample, Bell Atlantic intends its VDTsystem to pass only 2% of the homeslocated in a franchise area, the cableoperator presumably will offer less of acompetitive response than if BellAtlantic tends to pass 75% of thehomes. Thus, our inclination to relaxCPST rate regulation may depend uponthe degree of overlap between the VDTand cable systems. Interested partiesshould comment on the appropriateextent of the anticipated overlap.

B. Market PowerMarket power is generally defined as

the ability to general excess profits byraising and maintaining prices or byadversely affecting product quality for asignificant period of time. See UnitedStates v. E.I. du Pont de Nemours & Co.,351 U.S. 377, 391–92 (1956). Themarker power of a cable operator can bediluted by two categories of entities:those currently offering comparableprogramming and those that couldcommence offering comparableprogramming within a relatively shortperiod of time. See, e.g., United Statesv. Marine Bancorporation, Inc., 418 U.S.602, 623–25 (1974). Once such entitiesare identified, further analysis isnecessary to ensure that they indeedimpose competitive pressure on cableoperator.

With respect to market power, anywaiver would be premised on theavailability in Dover Township ofproducts that cable subscribers view assufficiently reasonable substitutes forcable programming service. A standard

method of determining whether a firmcan exercise market power with respectto a particular product is to answer thequestion: if this firm raised the price ofthe product, to what degree wouldconsumers continue to purchase thatproduct or turn to the products of otherfirms, and what are these other productsand other firms?

Our analysis of this issue issignificantly affected by what weunderstand to be the anticipatedofferings of the VDT system. Asdescribed above, it appears that the VDTprogrammers will be able to provideprogramming fully comparable to thatcurrently provided by the DoverTownship cable operators. Moreover,the cable operators can expectaggressive competition from the VDTprogrammers with respect to pricingstrategies, according to press reports.We tentatively conclude that thecombination of a fully comparableproduct and aggressive pricing, if andwhen made available to consumers viaVDT, may produce an effective restrainton cable rates, particularly given thatthe VDT programmers will be able toimplement packaging and pricingstrategies free of regulatory restraints.We seek comment as to the factual andanalytical validity of this tentativeconclusion. We seek similar data andcomparison with respect to all otherMVPDs offering programmingcomparable to that of the cable operatorsin Dover Township.

We presume that any competitivepressure felt by the Dover Townshipcable operators as a result of theinitiations of VDT service will increaseover time as Bell Atlantic continuesconstruction of its system and asconsumers become more familiar withthe service and the offerings of the VDTprogrammers. Although the penetrationrate of VDT programmers will not reacha mature level immediately, in thepresent instance there are severalreasons to suggest that thecommencement of VDT service mayrestrain prices and prompt othercompetitive responses from the cableoperators such that application of ourCPST rate rules will be unnecessary.

Initially, we note that the remainingbarriers to the initiation of service byBell Atlantic are relatively minor. BellAtlantic has received the requiredSection 214 authorization from theCommission. In addition, Bell Atlantic’sVDT tariff has become effective, subjectto investigation. Bell Atlantic now hassubstantial control over the rollout of itsnew service and has every incentive toexpedite that process. Once VDT serviceis initiated, Bell Atlantic faces a similarlack of barriers with respect to the

continued buildout of the system. Thus,the availability of service may representa logical point at which to make anywaiver effective. We seek comment onwhether Bell Atlantic’s entry plan aloneis sufficient to exert a present restrainton cable prices and cable operatorconduct in Dover Township.

We further note that a current cablesubscriber apparently will be able toswitch from his or her current videoprovider to one or more of the VDTprogrammers without sacrificingbroadcast channels or channel capacity.This distinguishes VDT from DBSservice, which generally does notinclude local broadcast stations, andfrom MMDS, which has a lower overallchannel capacity. Moreover, the DBSand MMDS require the installation ofreceiving antennae and otherequipment. Competition from VDT maypose a greater competitive threat tocable operators than competition fromother providers that have more limitedchannel line-ups or require significantinitial expenditures by the consumer.We do not mean to understate, and wewelcome comments concerning, thesignificance of DBS and other MVPDsthat may be offering service in DoverTownship. We believe, however, thatthe addition of permanent VDT serviceto the competitive mix is independentlysignificant. We seek comment on thevalidity of these comparisons, includingdata concerning the initial installationcosts of VDT for its end users.

Dover Township is a laboratory inwhich these theories can be tested. Inview of the novelty and potentialconsequences of this situation, we areconsidering waiving our rules thatrequire these cable operators to establishand maintain rates for their CPSTs inaccordance with our benchmark or cost-of-service methodologies, as adjusted forchanges in inflation, external costs, andfor channel additions and deletions.(See 47 C.F.R. § 76.922.) We believe thatsuch a waiver may well be justified inlight of the rate restraining impact thatthe VDT plus other competitiveofferings may have on the cableoperators’ CPSTs. Additionally, such atrial waiver may yield information thatwill prove useful in the future as wecontinue to adapt our regulations to theever-changing MVPD marketplace.

To the extent that the particularcircumstances of the Dover TownshipMVPD marketplace will ensure that thecable operators refrain from chargingunreasonable rates for their CPSTs, wetentatively conclude that a waiverwould be consistent with congressionalpolicy favoring competition overregulation. We invite comment on thistentative conclusion.


V. Waiver AnalysisThe Commission may waive rules

only for ‘‘good cause shown.’’ (47 C.F.R.§ 1.3.) Waiver orders must show thatspecial circumstances warrant adeviation from the general rule and thatthe deviation will serve the publicinterest. See, e.g., WAIT Radio v. FCC,418 F.2d 1153, 1159 (D.C. Cir. 1969);Northeast Cellular Telephone Co. v.FCC, 897 F.2d 1164, 1166 (D.C. Cir.1990). In this Order, we indicate whywe believe there may be good cause towaive our CPST rate rules for the DoverTownship cable operators upon theinitiation of VDT service, and we seekcomment thereon. In particular, webelieve that the availability to cablesubscribers of video services offered bymultiple VDT programmers may exertcompetitive pressure on CPST rates, andthus may constitute specialcircumstances justifying waiver of ourCPST benchmark rules. Such waivermay serve the public interest byencouraging operator innovation andprogramming diversity, establishingsome measure of regulatory paritybetween the cable operators and theVDT programmers, and reducing theregulatory burdens faced by the cableoperators, while still satisfying theunderlying goal of ensuring that CPSTrates are not unreasonable.

We note that in establishing our rateregulation rules, we considered the sixstatutory factors identified by Congressas potentially relevant. (See 47 U.S.C.§ 543(c)(2).) In the context of waivingthose rules, we believe it is appropriateto consider as many of those factors asare relevant. For example, the 1992Cable Act directs us to consider ‘‘therates for cable systems, if any, that aresubject to effective competition . . . .’’Consideration of this factor is consistentwith Congress’ direction that themarketplace be the sole arbiter of thereasonableness of an operator’s ratesonce the operator is subject to effectivecompetition. Equally consistent with thereasoning underlying this statutoryfactor is the notion that as a cableoperator nears the effective competitionstandard, the market should play moreof a role, and our regulations less of arole, in setting rates. We seek commenton our tentative conclusion thatconsideration of this factor weighs infavor of waiving CPST rate rules uponthe initiation of VDT service.

Other relevant factors set forth in the1992 Cable Act include the capital andoperating costs of the cable system andthe system’s advertising revenues. Thepresence of competition fromprogrammers on the VDT platformsuggests that a cable operator’s costs

may increase due to, for example, theneed to finance marketing efforts tocompete with the VDT programmers’offerings. Meanwhile, VDTprogrammers may draw advertisingrevenues away from the cable operators.Therefore, under certain circumstances,both of these statutory factors mightsupport a waiver of our CPST rules thatgenerally are applicable to operatorsthat do not face such increases inoperating costs on the one hand anddecreases in advertising revenues on theother. While the result of theseconditions might be higher CPST rates,we cannot conclude automatically thatsuch higher rates are unreasonable,particularly if they are the product of acompetitive environment.

As the D.C. Circuit recently held, itmay be appropriate to consider aparticular factor, but ultimately attachlittle weight to it in devising aregulatory scheme. See Time WarnerEntertainment Co. v. FCC, 56 F.3d 151,175 (D.C. Cir. 1995). Commentersshould respond to this consideration aswell. We note in particular that all ofthe statutory factors specificallyidentified by Congress in the 1992 CableAct relate either to the rates, costs, andrevenues of the regulated cable operatoritself or to the rates of other cableoperators that can be used for purposesof comparison. None of the statutoryfactors calls for specific consideration ofthe presence of a competing MVPD inthe cable operator’s franchise area. Thissuggests that Congress may haveintended the specific statutory factors tobe of particular relevance when no suchcompetition existed, as was more likelyto be the case when Congress enactedthe legislation, but that as themarketplace changed, the Commissionwas given the discretion to place morereliance on the ‘‘other factors,’’ notspecifically identified in the statute, thatthe Commission is permitted to identifyand take into account in ensuring thatCPST rates are not unreasonable. (See47 U.S.C. 543(c)(2).) We already haveidentified one such factor—theprovision of video services over a VDTplatform by programmers who will faceno regulatory restraints on their abilityto design and price their programmingpackages. We request comment on thepotential relevance of the statutoryfactors to our waiver analysis and ourtentative views that the statutory factorsmay support a waiver.

VI. Scope and Conditions of WaiverBecause our proposed waiver assumes

the absence of effective competition asdefined by the 1992 Cable Act, we arestatutorily obligated to ensure that thecable operators’ CPST rates will not be

unreasonable. (47 U.S.C. § 543(c)(1); nowaiver would be required if effectivecompetition existed, because rates arenot subject to regulation in suchcircumstances. 47 U.S.C. § 543(a)(2).)Accordingly, complaints againstunreasonable rates may continue to befiled under 47 U.S.C. § 543(c). But ratherthan being adjudicated against thebenchmark, any complaints would beresolved on a case-by-case basis, subjectto a presumption of the reasonablenessof the rates.

We stress that we intend the proposedwaiver to apply only to Section 76.922to the extent it prescribes rates forCPSTs and Section 76.956 to the extentit places the burden upon the operatorto justify a CPST rate that is the subjectof a complaint. We do not propose toextend the waiver to include the otherrules applicable to regulated cableoperators such as, but not limited to,those concerning a uniform ratestructure, negative option billing,subscriber notices, and tier buy-throughs, to the extent they apply.While recognizing the possible need togive the Dover Township cableoperators some additional flexibility inlight of the unique competitivecircumstances in which they soon mayfind themselves, we deem it prudent tomove cautiously in experimenting withwaivers of our generally applicablerules.

For the same reasons we propose towaive our CPST rate regulations, webelieve it may be appropriate to give therelevant local franchising authorities inDover Township the option of waivingrate regulation rules applicable to BSTsand associated equipment. Ordinarily, ifa local franchising authority has beencertified to regulate basic rates andseeks to retain that certification, itcannot forbear from regulating inaccordance with the Commission’srules. With the advent of VDT, however,we tentatively conclude that the DoverTownship franchising authoritiesshould have greater discretion todetermine how to regulate basic service.Therefore we seek comment on whetherlocal authorities should have the optionof waiving the BST rate rules on thesame basis and to the same extent thatwe propose to waive the CPST raterules.

Finally, our tentative view is that thewaiver will take effect as of the dateVDT service is actually available in therelevant franchise areas. Thus, ifinitially VDT service is available in onlyone of Dover Township’s two franchiseareas, the proposed waiver would applyonly to the cable operator serving thefranchise area in which consumers haveaccess to VDT service. The second


operator would become subject to thewaiver upon providing notice to thisCommission and its local franchisingauthority that VDT service has beeninitiated in its franchise area. Wepropose to re-examine any waiver ofCPST regulation for the DoverTownship two years from the date thewaiver goes into effect. We areconcerned that a shorter period wouldnot give the operators sufficientincentive or flexibility to respond freelyto the changes in the competitivelandscape. In fact, that landscape willcontinue to evolve throughout theentirety of that two year period,according to Bell Atlantic’s projectionswith respect to passings andpenetration. In two years, we will revisitthe issue and take steps consistent withthe market environment that exists andis developing at that time.

VII. ConclusionIn analyzing these issues, the

Commission is guided by the goal ofreducing unnecessary burdens on cableoperators and providing the cableoperators incentives to innovate andpromote program diversity in responseto competition. At the same time, wemust confident that a waiver will notlead to unreasonable rates for the CPSTsoffered by the Dover Townshipoperators. We will look to the record inthis proceeding to provide us thenecessary assurance that the proposedapproach will satisfy this statutorymandate. We consequently urgecommenters to support their positionswith empirical and other data, and toframe their arguments in terms of theeconomic concepts outlined above orother relevant economic analysis. Asnoted, comments also should take intoaccount the factors that the Commissionis required by statute to consider inestablishing criteria for determiningwhen CPS rates are unreasonable andother factors that commenters believe tobe relevant.

VIII. Procedural ProvisionsPursuant to its discretion under 47

C.F.R. § 1.1200, the Commission istreating this as a non-restrictedproceeding. Ex parte presentations arepermitted, except during the SunshineAgenda period, provided that they aredisclosed as provided in theCommission’s rules. See generally, 47C.F.R. §§ 1.1202, 1.1203 and 1.1206.

Pursuant to applicable procedures setforth in Sections 1.415 and 1.419 of theCommission’s Rules, 47 C.F.R. §§ 1.415and 1.419, interested parties may filecomments on or before December 13,1995, and reply comments on or beforeDecember 28, 1995. To file formally in

this proceeding, you must file anoriginal plus four copies of allcomments, reply comments, andsupporting comments. If you want eachCommissioner to receive a personalcopy of your comments and replycomments, you must file an originalplus nine copies. You should sendcomments and reply comments to Officeof the Secretary, FederalCommunications Commission, 1919 MStreet, N.W., Washington, D.C. 20554.Comments and reply comments will beavailable for public inspection duringregular business hours in the FCCReference Center, Room 239, FederalCommunications Commission, 1919 MStreet, N.W., Washington, D.C. 20554.Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 95–28217 Filed 11–14–95; 8:45 am]BILLING CODE 6712–01–M

FEDERAL RESERVE SYSTEM

Bourbon Bancshares, Inc.; Acquisitionof Company Engaged in PermissibleNonbanking Activities

The organization listed in this noticehas applied under § 225.23(a)(2) or (f)of the Board’s Regulation Y (12 CFR225.23(a)(2) or (f)) for the Board’sapproval under section 4(c)(8) of theBank Holding Company Act (12 U.S.C.1843(c)(8)) and § 225.21(a) of RegulationY (12 CFR 225.21(a)) to acquire orcontrol voting securities or assets of acompany engaged in a nonbankingactivity that is listed in § 225.25 ofRegulation Y as closely related tobanking and permissible for bankholding companies. Unless otherwisenoted, such activities will be conductedthroughout the United States.

The application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing on thequestion whether consummation of theproposal can ‘‘reasonably be expected toproduce benefits to the public, such asgreater convenience, increasedcompetition, or gains in efficiency, thatoutweigh possible adverse effects, suchas undue concentration of resources,decreased or unfair competition,conflicts of interests, or unsoundbanking practices.’’ Any request for ahearing on this question must beaccompanied by a statement of thereasons a written presentation would

not suffice in lieu of a hearing,identifying specifically any questions offact that are in dispute, summarizing theevidence that would be presented at ahearing, and indicating how the partycommenting would be aggrieved byapproval of the proposal.

Comments regarding this applicationmust be received not later thanNovember 27, 1995.

A. Federal Reserve Bank of Cleveland(John J. Wixted, Jr., Vice President) 1455East Sixth Street, Cleveland, Ohio44101:

1. Bourbon Bancshares, Inc., Paris,Kentucky; to acquire The JessamineFirst Federal Savings and LoanCompany of Nicholasville,Nicholasville, Kentucky, and therebyengage in operating a savings bank,pursuant to § 225.25(b)(9) of the Board’sRegulation Y; and acting as an agent orbroker for insurance directly related toan extension of credit by such savingsbank, pursuant to § 225.25(b)(8)(i) of theBoard’s Regulation Y.

Board of Governors of the Federal ReserveSystem, November 7, 1995.Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95-28140 Filed 11-14-95; 8:45 am]

BILLING CODE 6210-01-F

Eastern Bank Corporation, et al.;Formations of; Acquisitions by; andMergers of Bank Holding Companies

The companies listed in this noticehave applied for the Board’s approvalunder section 3 of the Bank HoldingCompany Act (12 U.S.C. 1842) and §225.14 of the Board’s Regulation Y (12CFR 225.14) to become a bank holdingcompany or to acquire a bank or bankholding company. The factors that areconsidered in acting on the applicationsare set forth in section 3(c) of the Act(12 U.S.C. 1842(c)).

Each application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing to theReserve Bank or to the offices of theBoard of Governors. Any comment onan application that requests a hearingmust include a statement of why awritten presentation would not sufficein lieu of a hearing, identifyingspecifically any questions of fact thatare in dispute and summarizing theevidence that would be presented at ahearing.


1 Huntington has requested that any exceptiongranted by the Board be broad enough to coverdealers in goods other than automobile dealershipswho may finance their inventory through floorplanlending.

2 For purposes of this proposal, retail paperfinancing may consist of either: (1) a retailinstallment contract or similar instrument betweenthe purchaser and the dealer which is then assignedto Huntington; or (2) a direct obligation between thepurchaser and Huntington originated onHuntington’s behalf by the dealer.

3Section 106 also prohibits a bank from varyingthe consideration charged for any product or serviceon the condition or requirement that a customer‘‘obtain’’ some additional credit, property or servicefrom an ‘‘affiliate’’ of such bank. See 12 U.S.C.1972(1)(B).

4 S. Rep. No. 1084, 91st. Cong., 2d Sess., 16-17(1970).

Unless otherwise noted, commentsregarding each of these applicationsmust be received not later thanDecember 7, 1995.

A. Federal Reserve Bank of Boston(Robert M. Brady, Vice President) 600Atlantic Avenue, Boston, Massachusetts02106:

1. Eastern Bank Corporation, Lynn,Massachusetts; to retain 100 percent ofthe voting shares of Eastern Bank andTrust Company, Salem, Massachusetts.Eastern Bank Corporation (EBC)currently owns 100 percent of EasternBank and Trust Company (Trust). Trusthas a commercial bank charter, but iscurrently operating as a trust companypursuant to section 4(c)(8) and 12 CFR225.25(b)(3). EBC is seeking approval toalter Trust’s activities such that Trustmeet the definition of a ‘‘bank’’ forpurposes of the Bank Holding CompanyAct of 1956, as amended.

B. Federal Reserve Bank ofMinneapolis (James M. Lyon, VicePresident) 250 Marquette Avenue,Minneapolis, Minnesota 55480:

1. Empire Bancshares Incorporated,Sioux Falls, South Dakota; to become abank holding company by acquiring 100percent of the voting shares of FoundersTrust National Bank, Sioux Falls, SouthDakota, a de novo bank.

C. Federal Reserve Bank of Cleveland(John J. Wixted, Jr., Vice President) 1455East Sixth Street, Cleveland, Ohio44101:

1. Community First Bancorp, Inc.,Reynoldsville, Pennsylvania; to becomea bank holding company by acquiring100 percent of the voting shares of TheFirst National Bank of Reynoldsville,Reynoldsville, Pennsylvania.

Board of Governors of the Federal ReserveSystem, November 7, 1995.Jennifer J. Johnson,Deputy Secretary of the Board.[FR Doc. 95-28141 Filed 11-14-95; 8:45 am]BILLING CODE 6210-01-F

Huntington Bancshares Incorporated;Request for an Exemption from TyingProvisions

Huntington Bancshares Incorporated,Columbus, Ohio (Huntington), hasrequested, pursuant to section 106(b) ofthe Bank Holding Company ActAmendments of 1970 (12 U.S.C. 1971 etseq.) (‘‘section 106’’), that the Boardgrant an exemption to permitHuntington or any of its bank ornonbank subsidiaries to vary theconsideration charged for a floorplanloan to an automobile dealership basedon the percentage of retail paperfinancing originated by the dealership

on behalf of Huntington.1 According toHuntington, a ‘‘floorplan loan’’ is a loanor line of credit provided to anautomobile dealership to finance theacquisition of the dealer’s inventory forsale to the general public, and ‘‘retailpaper financing’’ means financingprovided to consumers seeking topurchase an automobile from thedealer’s inventory.2 Huntingtonindicates that floorplan loans and retailpaper financing will remain separatelyavailable to customers at market prices.

Section 106 generally prohibits a bankfrom varying the consideration chargedfor any product or service, including anextension of credit, on the condition orrequirement that: (1) a customer obtainsome additional credit, property, orservice from such bank, other than aloan, discount, deposit, or trust service(so called, ‘‘traditional bank products’’)(See 12 U.S.C. 1972(1)(A));3 or (2) acustomer provide some additionalcredit, property, or service to such bank,other than those related to and usuallyprovided in connection with a loan,discount, deposit, or trust service. (See12 U.S.C. 1972(1)(C)). The Board may,by regulation or order, grant exceptionsthat are not contrary to the purposes ofthe section.

Huntington argues that the proposedtying arrangement should bepermissible under the statutoryexceptions discussed above as well asexceptions contained in the Board’santi-tying rules. 12 CFR 225.7. However,Huntington is seeking an exemptionfrom section 106 to clarify whetherretail paper financing may becharacterized as either a traditionalbank product so that the proposal isconsistent with the exception containedin 12 U.S.C. 1972(1)(A), or as a practicerelated to and usually provided inconnection with a floorplan loan so thatthe proposal is consistent with theexception contained in 12 U.S.C.1972(1)(C).

Even if the proposal does not fallwithin the literal terms of exceptions tothe prohibitions contained in section

106, Huntington believes that theproposed package arrangement is notanticompetitive and is generally offeredby Huntington’s nonbank competitorswho are not subject to section 106.Huntington also argues that the marketfor floorplan loans and retail financingservices is national in scope and highlycompetitive, and that Huntington doesnot possesses sufficient market power inany relevant market to impaircompetition in that market.Furthermore, Huntington believes thatthe proposal is consistent withCongressional intent that section 106not interfere with a customer’s ability tonegotiate the price of multiple bankingservices with a bank on the basis of thecustomer’s entire relationship with thebank.4 Finally, Huntington asserts thatthe proposal will promote competitionbecause automobile dealerships mayobtain floorplan lending and retailpaper financing from other financialinstitutions, and there is no requirementthat consumers finance their vehiclepurchase through this arrangement.

Notice of Huntington’s request ispublished in order to seek the views ofinterested persons on the issuespresented by the request and does notrepresent a determination by the Boardthat the request meets or is likely tomeet the standards of Section 106. Therequest may be inspected at the officesof the Board of Governors or at theFederal Reserve Bank of Cleveland.

Any comments or requests for hearingshould be submitted in writing andreceived by William W. Wiles, Secretaryof the Board of Governors of the FederalReserve System, Washington, DC 20551,not later than December 12, 1995.


Robert H. Stewart, Jr., et al.; Change inBank Control Notices; Acquisitions ofShares of Banks or Bank HoldingCompanies

The notificants listed below haveapplied under the Change in BankControl Act (12 U.S.C. 1817(j)) and §225.41 of the Board’s Regulation Y (12CFR 225.41) to acquire a bank or bankholding company. The factors that areconsidered in acting on the notices areset forth in paragraph 7 of the Act (12U.S.C. 1817(j)(7)).


The notices are available forimmediate inspection at the FederalReserve Bank indicated. Once thenotices have been accepted forprocessing, they will also be availablefor inspection at the offices of the Boardof Governors. Interested persons mayexpress their views in writing to theReserve Bank indicated for that noticeor to the offices of the Board ofGovernors. Comments must be receivednot later than November 27, 1995.

A. Federal Reserve Bank ofPhiladelphia (Michael E. Collins, SeniorVice President) 100 North 6th Street,Philadelphia, Pennsylvania 19105:

1. Robert H. Stewart, Jr., Terrence S.Stewart, Gary A. Stewart, and KaryleeGilbert, all of York, Pennsylvania;jointly to retain a total of 15 percent ofthe voting shares of Drovers BancsharesCorporation, York, Pennsylvania, andthereby indirectly acquire The Droversand Mechanics Bank, York,Pennsylvania.


Societe Generale, et al.; Notice ofApplications to Engage de novo inPermissible Nonbanking Activities

The companies listed in this noticehave filed an application under §225.23(a)(1) of the Board’s Regulation Y(12 CFR 225.23(a)(1)) for the Board’sapproval under section 4(c)(8) of theBank Holding Company Act (12 U.S.C.1843(c)(8)) and § 225.21(a) of RegulationY (12 CFR 225.21(a)) to commence or toengage de novo, either directly orthrough a subsidiary, in a nonbankingactivity that is listed in § 225.25 ofRegulation Y as closely related tobanking and permissible for bankholding companies. Unless otherwisenoted, such activities will be conductedthroughout the United States.

Each application is available forimmediate inspection at the FederalReserve Bank indicated. Once the

application has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing on thequestion whether consummation of theproposal can ‘‘reasonably be expected toproduce benefits to the public, such asgreater convenience, increasedcompetition, or gains in efficiency, thatoutweigh possible adverse effects, suchas undue concentration of resources,decreased or unfair competition,conflicts of interests, or unsoundbanking practices.’’ Any request for ahearing on this question must beaccompanied by a statement of thereasons a written presentation wouldnot suffice in lieu of a hearing,identifying specifically any questions offact that are in dispute, summarizing theevidence that would be presented at ahearing, and indicating how the partycommenting would be aggrieved byapproval of the proposal.

Unless otherwise noted, commentsregarding the applications must bereceived at the Reserve Bank indicatedor the offices of the Board of Governorsnot later than November 27, 1995.

A. Federal Reserve Bank of NewYork (William L. Rutledge, Senior VicePresident) 33 Liberty Street, New York,New York 10045:

1. Societe Generale, Paris, France; toengage de novo through its subsidiary,FIMAT Facilities Management, Chicago,Illinois, in providing data processingactivities, pursuant to § 225.25(b)(7) ofthe Board’s Regulation Y. This activitywill be conducted worldwide.

B. Federal Reserve Bank of Chicago(James A. Bluemle, Vice President) 230South LaSalle Street, Chicago, Illinois60690:

1. Guaranty Bankshares, Ltd., CedarRapids, Iowa; to engage de novo throughits subsidiary, Guaranty Bankshares,Ltd., Cedar Rapids, Iowa, through awholly-owned subsidiary to be named,in providing full pay-out leasing ofpersonal and real property, pursuant to§ 225.25(b)(5) of the Board’s RegulationY; and to make and service installmentloans, finance personal and smallbusiness loans, buy dealer paper,

provide a funding source for secondmortgages and other needs, pursuant to§ 225.25(b)(1) of the Board’s RegulationY.

C. Federal Reserve Bank of KansasCity (John E. Yorke, Senior VicePresident) 925 Grand Avenue, KansasCity, Missouri 64198:

1. Geneva State Company, Geneva,Nebraska; to engage de novo through itssubsidiary, Bicentennial Apartments,Inc., Geneva, Nebraska, in theconstruction to low-income housing,pursuant to § 225.25(b)(6) of the Board’sRegulation Y.


FEDERAL TRADE COMMISSION

Granting of Request for EarlyTermination of the Waiting PeriodUnder the Premerger NotificationRules

Section 7A of the Clayton Act, 15U.S.C. 18a, as added by Title II of theHart-Scott-Rodino AntitrustImprovements Act of 1976, requirespersons contemplating certain mergersor acquisitions to give the Federal TradeCommission and the Assistant AttorneyGeneral advance notice and to waitdesignated periods beforeconsummation of such plans. Section7A(b)(2) of the Act permits the agencies,in individual cases, to terminate thiswaiting period prior to its expirationand requires that notice of this action bepublished in the Federal Register.

The following transactions weregranted early termination of the waitingperiod provided by law and thepremerger notification rules. The grantswere made by the Federal TradeCommission and the Assistant AttorneyGeneral for the Antitrust Division of theDepartment of Justice. Neither agencyintends to take any action with respectto these proposed acquisitions duringthe applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 102395 AND 110395

Name of acquiring person, name of acquired person, name of acquired entity PMN No. Date termi-nated

CS Holding, Signet Group plc, Signet Group plc ............................................................................................................ 96–2801 10/23/95SunGuard Data Systems Inc., William W. Featheringill, MACESS Corporation ............................................................ 96–0018 10/23/95Fleming, ABCO Holding, Inc., ABCO Holding, Inc .......................................................................................................... 96–0046 10/23/95Hicks, Muse, Tate & Furst Equity Fund II, L.P., Arnold E. Ditri, Hedstrom Holdings, Inc .............................................. 96–0048 10/23/95Gilbert Associates, Inc., XEL Corporation, XEL Corporation .......................................................................................... 96–0050 10/23/95ConAgra, Inc., Canada Malting Co. Limited (a Canadian company), Canada Malting Co. Limited ............................... 96–0053 10/23/95TPG Partners, L.P., Alfred I. Dupont Testamentary Trust, St. Joe Communications, Inc .............................................. 96–0060 10/23/95Tenneco Inc., Hexacomb Corporation, Hexacomb Corporation ..................................................................................... 96–0068 10/23/95


TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 102395 AND 110395—Continued


Parker & Parsley Petroleum Company, Jack C. Wallace, Jr., Wallace Oil & Gas, Inc .................................................. 96–0074 10/23/95Joseph Littlejohn & Levy Fund II, L.P., MWC Holdings, Inc., MWC Holdings, Inc ......................................................... 96–0076 10/23/95Blue Cross and Blue Shield of Virginia, Mid-South Insurance Company, Mid-South Insurance Company ................... 96–0079 10/23/95Paul Zecchi, Apache Corporation, Apache Corporation ................................................................................................. 96–0081 10/23/95NCI Building Systems, Inc., David B. Curtis, Doors & Building Components, Inc ......................................................... 96–0083 10/23/95Canadian Occidential Petroleum Ltd., Royal Dutch Petroleum Company, Shell Offshore Inc. and SOI Finance Inc ... 96–0093 10/23/95Foodbrands America, Inc., KPR Holdings, Inc., KPR Holdings, L.P .............................................................................. 96–0118 10/23/95Newell Co., Pen Investors Inc. II, Pen Investors Inc. II .................................................................................................. 95–2237 10/24/95Promina Health System, Inc., Georgia MedCorp, Inc., Georgia MedCorp, Inc .............................................................. 95–2766 10/24/95W.R. Berkley Corporation, MECC, Inc., MECC, Inc ....................................................................................................... 96–0006 10/24/95Engelhard Corporation, Michael C. Thomason, Salem Engelhard ................................................................................. 96–0070 10/24/95Engelhard Corporation, Engelhard Corporation, Salem Engelhard ................................................................................ 96–0071 10/24/95The Interpublic Group of Companies, Inc., The Estate of Mark Goodson, Mark Goodson Productions, L.P ................ 96–0082 10/24/95The Interpublic Group of Companies, Inc., Hans Ullmark, Anderson & Lembke, Inc .................................................... 96–0085 10/24/95The SK Equity Fund, L.P., Hibbett Sporting Goods, Inc ................................................................................................. 96–0086 10/24/95Catholic Healthcare West, Sierra Nevada Memorial-Miners Hospitals, Inc., Sierra Nevada Memorial-Miners Hos-

pitals, Inc ...................................................................................................................................................................... 96–0087 10/24/95All American Communications, Inc., The Estate of Mark Goodson, Mark Goodson Productions, L.P .......................... 96–0089 10/24/95Code, Hennessy & Simmons II, L.P., Nestle S.A., Nestle Ice Cream Company ........................................................... 96–0090 10/24/95Ronald S. Lauder, The Estee Lauder Companies Inc., The Estee Lauder Companies Inc ........................................... 96–0095 10/24/951976 Descendants of Ronald S. Lauder Distribution Trust, The Estee Lauder Companies Inc., The Estee Lauder

Companies Inc ............................................................................................................................................................. 96–0096 10/24/951976 Descendants of Ronald S. Lauder Accumulation Trust, The Estee Lauder Companies Inc., The Estee Lauder

Companies Inc ............................................................................................................................................................. 96–0097 10/24/951976 Descendants of Leonard Lauder Distribution Trust, The Estee Lauder Companies Inc., The Estee Lauder

Companies Inc ............................................................................................................................................................. 96–0098 10/24/95Gary M. Lauder, The Estee Lauder Companies Inc., The Estee Lauder Companies Inc .............................................. 96–0099 10/24/95Leonard A. Lauder, The Estee Lauder Companies Inc., The Estee Lauder Companies Inc ......................................... 96–0100 10/24/95William P. Lauder, The Estee Lauder Companies Inc., The Estee Lauder Companies Inc .......................................... 96–0101 10/24/95The Estee Lauder Companies, Lauder Family Partners, L.P., Lauder Family Partners, L.P ......................................... 96–0102 10/24/95The Williams Companies, Inc., Halliburton Company, NUS Training Corporation ......................................................... 96–0104 10/24/95Freedom Communications, Inc., Photo Electronics Corporation, Photo Electronics Corp./Photo Electronics Com-

pany, L.P ...................................................................................................................................................................... 96–0105 10/24/95The Interpublic Group of Companies, Inc., Steve Trygg, Anderson & Lembke, Inc ...................................................... 96–0114 10/24/95Heidelberger Zement AG (a German Corporation), Cimenteries C.B.R. S.A. ( a Belgian Corporation), Cimenteries

C.B.R. S.A .................................................................................................................................................................... 96–0027 10/25/95Tyler Capital Fund, L.P., WR Acquisition, Inc., WR Acquisition, Inc .............................................................................. 96–0088 10/25/95AlliedSignal Inc., AlliedSignal Inc., AlliedSignal Inc ........................................................................................................ 96–0125 10/25/95Exxon Corporation, AlliedSignal Inc., AlliedSignal Inc .................................................................................................... 96–0126 10/25/95TheraTx, Incorporated, Helian Health Group, Inc., Helian Health Group, Inc ................................................................ 96–0035 10/26/95Neil M. Golub, Calvin C. Gould, The Wonder Market Companies, Inc .......................................................................... 96–0075 10/26/95Lewis Golub, Calvin C. Gould, The Wonder Market Companies, Inc ............................................................................. 96–0077 10/26/95MCI Communications Corporation, SHL Systemhouse Inc., SHL Systemhouse Inc ..................................................... 96–0080 10/26/95Pentair, Inc ....................................................................................................................................................................... 96–0094 10/26/95Andrew J. Fleckenstein, Fleck Controls, Inc.Heartland Wireless Communications, Inc., Charterhouse Equity Partners, L.P., CableMaxx, Inc ................................. 96–0135 10/26/95Charterhouse Equity Partners, L.P., Heartland Wireless Communications, Inc., Heartland Wireless Communica-

tions, Inc ....................................................................................................................................................................... 96–0136 10/26/95G.E. Investment Private Placement Partners I, General Electric Company, Casablanca Fan Company ...................... 95–2541 10/27/95The Upjohn Company, Pharmaica AB, Pharmaica AB ................................................................................................... 95–2547 10/27/95Pharmacia AB, The Upjohn Company, The Upjohn Company ....................................................................................... 95–2548 10/27/95Integrated Health Services, Inc., Lillian Conti, as custodian for Joseph Conti, etc., Medserv Corporation ................... 95–0165 10/28/95The Washington Water Power Company, Ramos-Thibault Corp., Ramos-Thibault Corp. (dba Advanced Manufactur-

ing and De .................................................................................................................................................................... 95–2774 10/28/95Tele-Communications, Inc., Lawrence Flinn, Jr., United Video Satellite Group, Inc ...................................................... 95–2265 10/30/95Lawrence Flinn, Jr., Tele-Communications, Inc., Tele-Communications, Inc ................................................................. 95–2266 10/30/95Institute of the Sisters of Mercy of the Americas, Dominican Sisters of Springfield-in-Illinois, Hospital Corporation .... 96–0047 10/30/95Rhodes, Inc., John P. Weberg, Weberg Enterprises, Inc ............................................................................................... 96–0063 10/30/95Lawrence P. Cimmarusti, Royal Co., Ltd., A Japanese company, Pentagram Corporation .......................................... 96–0111 10/30/95Ralph J. Cimmarusti, Royal Co., Ltd., Pentagram Corporation ...................................................................................... 96–0112 10/30/95Mercury Radio Communications, L.P., Alta V Limited Partnership, Panache Broadcasting L.P ................................... 96–0115 10/30/95Michael Bregman, Brothers Gourmet Coffees, Inc., Edglo Enterprises, Inc ................................................................... 96–0117 10/30/95Kansas City Southern Industries, Inc., Transportacion Maritima Mexicana, S.A. de C.V., Mexrail, Inc ........................ 96–0122 10/30/95Chartwell Re Corporation, Piedmont Management Company Inc., Piedmont Management Company Inc ................... 96–0127 10/30/95Puerto Rican Cement Company, Inc., Mr. Jorge A. Juncos, Concreto Mixto, Inc ......................................................... 96–0128 10/30/95Puerto Rican Cement Company, Inc., Ready Mix Concrete, Inc., Ready Mix Concrete, Inc ........................................ 96–0129 10/30/95AmVestors Financial Corporation, Frank T. Crohn, Financial Benefit Group, Inc .......................................................... 96–0131 10/30/95Falcon Holding Group, L.P., Falcon First Communications, L.P., Falcon First, Inc ....................................................... 96–0133 10/30/95John B. Sanfilippo & Son, Inc., The Proctor & Gamble Company, Fisher Nut Company .............................................. 96–0138 10/30/95Playtex Products, Inc., Thomas H. Lee Equity Partners, L.P., Banana Boat Holding Corporation ................................ 96–0140 10/30/95Marcus A. Hutchins, Dresdner Bank Aktiengesellschaft, Fenchurch Capital Management ........................................... 96–0141 10/30/95


TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 102395 AND 110395—Continued


Marubeni Corporation, Triton Group, Ltd., Western Metal Lath ...................................................................................... 96–0148 10/30/95New Heritage USA Corporation, BankAmerica Corporation, BA Properties, Inc ........................................................... 96–0149 10/30/95Richard E. O’Leary, James John McLaren, J&L Industries, Inc ..................................................................................... 96–0152 10/30/95Michigan Physicians Mutual Liability Company, Kentucky Medical Association, Kentucky Medical Insurance Com-

pany .............................................................................................................................................................................. 96–0153 10/30/95Rhodes, Inc., The Glick Furniture Company, The Glick Furniture Company ................................................................. 96–0156 10/30/95GATX Corporation, Clay M. Biddinger, Sun Financial Group, Inc .................................................................................. 96–0167 10/30/95CUC International Inc., Advance Ross Corporation, Advance Ross Corporation .......................................................... 96–0170 10/30/95Charoen Pokphand Group Company Limited, Kopin Corporation, Kopin Corporation ................................................... 96–0171 10/30/95Partners HealthCare System, Inc., The North Shore Medical Center, Inc., The North Shore Medical Center, Inc ...... 96–0038 10/31/95TCI, The Chronicle Publishing Company, The Chronicle Publishing Company ............................................................. 96–0043 10/31/95Classic Communications, Inc., Time Warner, Inc., Time Warner, Inc ............................................................................ 96–0124 10/31/95Ronald O. Perelman, Creative Nail Design, Inc., Creative Nail Design, Inc .................................................................. 96–0139 10/31/95Alumax Inc., Tristram C. Colket, Jr., Cressona Aluminum Company ............................................................................. 96–0146 10/31/95The Gillette Company, Thomas H. Lee Equity Partners, L.P., Thermoscan, Inc ........................................................... 96–0158 10/31/95Fuqua Enterprises, Inc., Mr. Gene J. Minotto, Basic American Medical Products, Inc .................................................. 96–0174 10/31/95San Faustin N.V., Mannesmann AG, Italimpianti of America, Inc .................................................................................. 96–0176 10/31/95Diebold, Incorporated, Griffin Technology Incorporated, Griffin Technology Incorporated ............................................. 96–0200 10/31/95Chesapeake Corporation, Paper Mill Investment Pty., Ltd., Chicago Tissue Company, L.P ......................................... 95–2621 11/01/95Columbia/HCA Healthcare Corporation, Memorial Medical Center, Inc., CareOne Home Health Services .................. 95–2704 11/01/95General Electric Company, USF&G Corporation, USF&G Corporation .......................................................................... 96–0091 11/01/95Tele-Communications, Inc., Time Warner Inc., Time Warner Inc ................................................................................... 96–0120 11/01/95H.F. Lenfest, Time Warner Inc., Tri-County Cable Television Company ........................................................................ 96–0121 11/01/95Healthdyne, Inc., Tokos Medical Corporation, Tokos Medical Corporation .................................................................... 96–0021 11/02/95Tokos Medical Corporation, Healthdyne, Inc., Healthdyne, Inc ...................................................................................... 96–0022 11/02/95Galaxy Telecom Investments, L.L.C., Douglas Cable Communications, L.P., Douglas Cable Communications, L.P .. 96–0164 11/02/95Dr. Manfred George Krukemeyer, Brim, Inc., Brim, Inc .................................................................................................. 96–0042 11/03/95Varity Corporation, Hayes Wheels International, Inc., Hayes Wheels International, Inc ................................................ 96–0069 11/03/95GS Capital Partners II, L.P., SW Holding Corp., SW Holding Corp ............................................................................... 96–0142 11/03/95Kelso Investment Associates V, L.P., SW Holding Corp., SW Holding Corp ................................................................. 96–0143 11/03/95Kelso Investment Associates V, L.P., I.C.H. Corporation, debtor in possession, SWL Financial Services, Inc.,

Southwestern Life Insurance ....................................................................................................................................... 96–0147 11/03/95The Williams Companies, Inc., IntelCom Group Inc., Wireless Acquisition Corporation ................................................ 96–0184 11/03/95Titan Resources L.P., Anadarko Petroleum Corporation, Anadarko Petroleum Corporation ......................................... 96–0186 11/03/95CeCorr, Inc., Cleaners Hanger Company, Cleaners Hanger Company ......................................................................... 96–0188 11/03/95Health Systems International, Inc., Health Data Sciences Corporation, Health Data Sciences Corporation ................ 96–0193 11/03/95National Power PLC, Enron Corporation, Milford Power Limited Partnership ................................................................ 96–0194 11/03/95Mark Hatten, MIDCOM Communications, Inc., MIDCOM Communications, Inc ............................................................ 96–0196 11/03/95MIDCOM Communications, Inc., Mark Hatten, Connecticut Telephone and Communications Systems, Inc ................ 96–0197 11/03/95National Power PLC, Philipp Holzmann A.G., Milford Power LP .................................................................................... 96–0202 11/03/95Jerry Herbst, Coast Resorts, Inc. (Joint Venture), Coast Resorts, Inc. (Joint Venture) ................................................. 96–0210 11/03/95Michael J. Gaughan, Coast Resorts, Inc. (Joint Venture), Coast Resorts, Inc. (Joint Venture) .................................... 96–0211 11/03/95Norwest Corporation, Cawsl Corp., Beacon Business Credit Corp ................................................................................ 96–0216 11/03/95Matsushita Electric Industrial Co., Ltd., The 3DO Company, a Delaware Corporation, the 3DO Company, a Dela-

ware Corporation .......................................................................................................................................................... 96–0219 11/03/95

FOR FURTHER INFORMATION CONTACT:Sandra M. Peay, or Renee A. Horton,contact representatives, Federal TradeCommission, Premerger NotificationOffice, Bureau of Competition, Room303, Washington, DC, 20580, (202) 326–3100.

By Direction of the Commission.Donald S. Clark,Secretary.[FR Doc. 95–28122 Filed 11–14–95; 8:45 am]BILLING CODE 6750–01–M


Agency for Health Care Policy andResearch

Notice of Assessment of MedicalTechnology

The Agency for Health Care Policyand Research (AHCPR), through theCenter for Health Care Technology(CHCT) (formerly Office of HealthTechnology Assessment), announcesthat it is initiating an assessment of thesafety and effectiveness of lung volumereduction surgery.

The AHCPR is requesting informationon the risks, benefits, and costsassociated with the use of this mode oftreatment and the specific indications

for which this lung surgery isappropriate. The AHCPR also requestsinformation on patient selection criteriaand institutional or team criterianecessary to establish acceptablestandards for appropriate benefits andrisks.

The assessment consists of a synthesisof information found in publishedliterature and obtained from appropriateorganizations in the private sector,Public Health Service (PHS) agenciesand others in the Federal Government.AHCPR assessments are conducted inaccordance with sections 904(b) and (d)of the PHS Act (42 U.S.C. 299a–2(b) and(d)). This assessment is based on themost current knowledge concerning thesafety, clinical effectiveness, andappropriate uses of a technology. Arecommendation will be formulated to


assist the Health Care FinancingAdministration (HCFA) in establishingMedicare coverage policy. Theinformation being sought by this noticeis a review and evaluation of past,current, and planned research related tothis technology, as well as abibliography of published, controlledclinical trials and other well-designedclinical studies. Information related tothe characteristics of the patientpopulation most likely to benefit fromlung volume reduction surgery, as wellas information on the clinicalacceptability, effectiveness, and theextent of use of this technology, is alsobeing sought.

The AHCPR is interested in receivinginformation which would help in theevaluation or review of the technologyas described above. To enable theinterested scientific community toevaluate the information included in theassessment, AHCPR will discuss in theassessment only those data and analysesfor which a source(s) can be cited.Respondents are therefore encouraged toinclude with their submissions a writtenconsent permitting AHCPR to cite thesources of the data and commentsprovided. Otherwise, in accordancewith the confidentiality statutegoverning information collected byAHCPR, 42 U.S.C. 299a–1(c), noinformation received will be publishedor disclosed which could identify anindividual or entity described in theinformation, or could identify an entityor individual supplying the information.

Any person or group wishing toprovide AHCPR with informationrelevant to this assessment should do soin writing no later than February 13,1996 to: Thomas V. Holohan, M.D.,FACP, Acting Director, Center forHealth Care Technology, Agency forHealth Care Policy and Research, 6000Executive Boulevard, Suite 309,Rockville, MD 20852, Phone: (301) 594–4023.

Dated: November 6, 1995.Clifton R. Gaus,Administrator.[FR Doc. 95–28214 Filed 11–14–95; 8:45 am]BILLING CODE 4160–90–M

Centers for Disease Control andPrevention

National Committee on Vital and HealthStatistics (NCVHS) Subcommittee onHealth Statistics for Minority and OtherSpecial Populations: Meeting

Pursuant to Pub. L. 92–463, theNational Center for Health Statistics(NCHS), Centers for Disease Control and

Prevention (CDC), announces thefollowing subcommittee meeting.

Name: NCVHS Subcommittee on HealthStatistics for Minority and Other SpecialPopulations.

Time and Date: 9 a.m.–4:30 p.m.,December 7, 1995.

Place: Room 337A–339A, Hubert H.Humphrey Building, 200 IndependenceAvenue SW., Washington, DC 20201.

Status: Open.Purpose: The Subcommittee will meet with

Audrey Burwell, Grants Coordinator for theNCHS Minority Health Statistics GrantsProgram, to plan a joint conference designed,in part, to evaluate past performance of theGrants Program. In addition, theSubcommittee will gather information aboutrace and ethnicity data collected in thecontext of Medicaid waivers granted tovarious states.

Contact Person For More Information:Substantive program information as well assummaries of the meeting and a roster ofcommittee members may be obtained fromGail F. Fisher, Ph.D., Executive Secretary,NCVHS, NCHS, CDC, Room 1100,Presidential Building, 6525 Belcrest Road,Hyattsville, MD 20782, telephone 301/436–7050.

Dated: November 8, 1995.Carolyn J. Russell,Director, Management Analysis and ServicesOffice, Centers for Disease Control andPrevention (CDC).[FR Doc. 95–28162 Filed 11–14–95; 8:45 am]BILLING CODE 4163–18–M

Disease, Disability, Injury Preventionand Control Special Emphasis Panel(SEP): Grants for Education Programsin Occupational Safety and Health—Program Announcement 565: Meeting

In accordance with section 10(a)(2) ofthe Federal Advisory Committee Act(Pub. L. 92–463), the Centers for DiseaseControl and Prevention (CDC)announces the following committeemeeting.

Name: Disease, Disability, and InjuryPrevention and Control SEP: Grants forEducation Programs in Occupational Safetyand Health—Program Announcement 565.

Times and Dates: 8 p.m.–10 p.m., January7, 1996; 8 a.m.–6 p.m., January 8, 1996; 8a.m.–5 p.m., January 9, 1996.

Place: Commonwealth Hilton Hotel, I–75and Turfway Road, Florence, Kentucky45275.

Status: Closed.Matters to be Discussed: The meeting will

include the review, discussion, andevaluation of applications received inresponse to Program Announcement 123.

The meeting will be closed to the publicin accordance with provisions set forth insection 552b(c) (4) and (6), Title 5 U.S.C., andthe Determination of the Associate Directorfor Management and Operations, CDC,pursuant to Pub. L. 92–463.

Contact Person For More Information:Bernadine Kuchinski, Ph.D., Occupational

Health Consultant, Office of ExtramuralCoordination and Special Projects, NationalInstitute for Occupational Safety and Health,CDC, Mailstop D40, Atlanta, Georgia 30333,telephone 404/639–3342.

Dated: November 6, 1995.Carolyn J. Russell,Director, Management Analysis and ServicesOffice, Centers for Disease Control andPrevention (CDC).[FR Doc. 95–28163 Filed 11–14–95; 8:45 am]BILLING CODE 4163–19–M

Fees for Sanitation Inspections ofCruise Ships

AGENCY: Centers for Disease Control andPrevention (CDC), Department of Healthand Human Services.ACTION: Notice.

SUMMARY: This notice announces feesfor vessel sanitation inspectionseffective January 1, 1996.EFFECTIVE DATE: January 1, 1996.FOR FURTHER INFORMATION CONTACT:Thomas E. O’Toole, Deputy Chief,Special Programs Group, NationalCenter for Environmental Health, CDC,4770 Buford Highway, NE., Mailstop F–29, Atlanta, Georgia 30341–3724,telephone (404) 488–7070.SUPPLEMENTARY INFORMATION:Purpose and Background

The fee schedule for sanitationinspections of passenger cruise shipscurrently inspected under the CDCVessel Sanitation Program (VSP) wasfirst published in the Federal Registeron November 24, 1987 (52 FR 45019),and CDC began collecting fees on March1, 1988. Since then, CDC has revised thefee schedule annually. This noticeannounces fees effective January 1,1996.

The formula used to determine thefees is as follows:

Average costper inspection

Cost of VSP

Weighted No. ofAnnual Inspections

=Total

The average cost per inspection isthen multiplied by a size/cost factor todetermine the fee for vessels in eachsize category. The size/cost factor wasestablished in the proposed fee schedulepublished in the Federal Register onJuly 17, 1987 (52 FR 27060), and revisedin a schedule published in the FederalRegister on November 28, 1989 (54 FR48942). The revised cost/factor ispresented in Appendix A.

FeesThe fee schedule is presented in

Appendix A and will be effective


January 1, 1996, through December 31,1996. However, should there be asubstantial increase in the cost of airtransportation, it may be necessary toadjust the fees prior to December 31,1996, since travel constitutes a sizableportion of the costs of this program. Ifsuch an adjustment in the fee scheduleis necessary, a notice will be publishedin the Federal Register 30 days prior tothe effective date.

Applicability

The fees will be applicable to allpassenger cruise vessels for whichsanitation inspections are conducted aspart of the Vessel Sanitation Program,CDC.

Dated: November 8, 1995.Joseph R. Carter,Acting Associate Director for Managementand Operations, Centers for Disease Controland Prevention (CDC).

Appendix A

SIZE/COST FACTOR

Vessel size GRT 1 Averagecost X

Extra small .. (<3,001) 0.25Small ........... (3,001–15,000) 0.5Medium ....... (15,001–30,000) 1.0Large ........... (30,001–60,000) 1.5Extra large .. (≤60,000) 2.0

1 GRT-Gross Register tonnage in cubic feet,as shown in Lloyd’s Register of Shipping.

FEE SCHEDULE JANUARY 1, 1996–DECEMBER 31, 1996

Vessel size GRT 1 Fee

Extra small ...... (<3,001) $1,024Small ............... (3,001–15,000) 2,048Medium ........... (15,001–30,000) 4,095Large ............... (30,001–60,000) 6,143Extra large ...... (≤60,000) 8,191Inspections and

reinspectionsinvolve thesame proce-dure, requirethe sameamount oftime and will,therefore, becharged atthe samerate.

1 GRT-Gross Register tonnage in cubic feet,as shown in Lloyd’s Register of Shipping.

[FR Doc. 95–28164 Filed 11–14–95; 8:45 am]BILLING CODE 4163–18–P

Food and Drug Administration

[Docket No. 95F–0365]

Sasol Alpha Olefins; Filing of FoodAdditive Petition

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is announcingthat Sasol Alpha Olefins has filed apetition proposing that the food additiveregulations be amended to provide forthe safe use of ethylene/pentene-1copolymers containing not less than 90percent of polymer units derived fromethylene as components of articlesintended for use in contact with food.DATES: Written comments on thepetitioner’s environmental assessmentby December 15, 1995.ADDRESSES: Submit written commentsto the Dockets Management Branch(HFA–305), Food and DrugAdministration, rm. 1–23, 12420Parklawn Dr., Rockville, MD 20857.FOR FURTHER INFORMATION CONTACT:Daniel N. Harrison, Center for FoodSafety and Applied Nutrition (HFS–216), Food and Drug Administration,200 C St. SW., Washington, DC 20204–0002, 202–418–3080.SUPPLEMENTARY INFORMATION: Under theFederal Food, Drug, and Cosmetic Act(sec. 409(b)(5) (21 U.S.C. 348(b)(5))),notice is given that a food additivepetition (FAP 5B4482) has been filed bySasol Alpha Olefins, P.O. Box 5486,Johannesburg 2000, Republic of SouthAfrica. The petition proposes to amendthe food additive regulations in§ 177.1520 Olefin polymers (21 CFR177.1520) to provide for the safe use ofethylene/pentene-1 copolymerscontaining not less than 90 percent ofpolymer units derived from ethylene ascomponents of articles intended for usein contact with food.

The potential environmental impactof this action is being reviewed. Toencourage public participationconsistent with regulations promulgatedunder the National EnvironmentalPolicy Act (40 CFR 1501.4(b)), theagency is placing the environmentalassessment submitted with the petitionthat is the subject of this notice onpublic display at the DocketsManagement Branch (address above) forpublic review and comment. Interestedpersons may, on or before December 15,1995, submit to the DocketsManagement Branch (address above)written comments. Two copies of anycomments are to be submitted, exceptthat individuals may submit one copy.

Comments are to be identified with thedocket number found in brackets in theheading of this document. Receivedcomments may be seen in the officeabove between 9 a.m. and 4 p.m.,Monday through Friday. FDA will alsoplace on public display anyamendments to, or comments on, thepetitioner’s environmental assessmentwithout further announcement in theFederal Register. If, based on its review,the agency finds that an environmentalimpact statement is not required andthis petition results in a regulation, thenotice of availability of the agency’sfinding of no significant impact and theevidence supporting that finding will bepublished with the regulation in theFederal Register in accordance with 21CFR 25.40(c).

Dated: October 19, 1995.Alan M. Rulis,Director, Office of Premarket Approval,Center for Food Safety and Applied Nutrition.[FR Doc. 95–28215 Filed 11–14–95; 8:45 am]BILLING CODE 4160–01–F

Regulatory Policy Issues in theDevelopment and Manufacture ofBiopharmaceuticals and OtherBiotechnology Derived Products;Notice of Public Workshops

AGENCY: Food and Drug Administration,HHS.ACTION: Notice of public workshops.

SUMMARY: The Food and DrugAdministration (FDA) (Office ofRegulatory Affairs, Office of theNortheast and Mid-Atlantic Regions,Center for Biologics Evaluation andResearch, Center for Drug Evaluationand Research, and Office of ExternalAffairs) is announcing two free publicworkshops to assist small companiesthat are developing and producingbiopharmaceutical and biologictherapeutic products for clinical trialsand product marketing approval. Theworkshops will address regulatorypolicy issues, licensing requirements,cooperative manufacturingarrangements, multiproduct facilities,clinical trial design, and manufacturingrequirements for clinical material. Theseworkshops are a continuance of thegrassroots partnering approach withfront line regulators and the peopleaffected by the work of this agency.DATES: The public workshops arescheduled as follows:1. Tuesday, November 28, 1995, 8 a.m.to 5 p.m., Baltimore, MD.2. Thursday, November 30, 1995, 8:30a.m. to 5 p.m., Woburn, MA.


ADDRESSES: The public workshops willbe held at the following locations:

1. Baltimore Marriott Inner Harbor, 110South Eutaw St., Baltimore, MD.

2. Crown Plaza Boston/Woburn, 2Forbes Rd., Woburn, MA.

FOR FURTHER INFORMATION CONTACT:Regarding registration for the

Baltimore public workshop: Jo AnnMaquire, Regional TrainingSpecialist, Mid-Atlantic Region,Food and Drug Administration, 900U.S. Customhouse, 2d & ChestnutSts., Philadelphia, PA 19106, 215–597–4390, ext. 4004, or FAX 215–597–5798.

Regarding registration for the Woburnpublic workshop: Ellen Madigan,Blood Bank Monitor, NortheastRegion, Food and DrugAdministration, One MontvaleAve., Stoneham, MA 02180, 617–279–1675, ext. 157 or FAX 617–279–1742.

Those persons interested in attending aworkshop should register by FAXingtheir name(s), firm name/affiliation,address, telephone and FAX numbers,and any specific questions they wantaddressed at the workshop to theinformation contact person listed abovefor each workshop. There is noregistration fee for these workshops, butadvance registration is required.Interested parties are encouraged toregister early because space is limited.

SUPPLEMENTARY INFORMATION: Thepurpose of these workshops is to furtherassist small companies that aredeveloping and producingbiopharmaceutical and biologictherapeutic products in betterunderstanding: Current regulatorypolicy; licensing requirements forproducts and establishments andcooperative manufacturingarrangements; multiproduct facilitiesdesign and operation; clinical trialdesign and monitoring; points toconsider during processing, cell culture,fermentation, harvest, recovery,purification, and ascites production;current good manufacturing practicerequirements in the production ofclinical material; and recordkeeping,processing changes, and environmentalmonitoring.

Dated: November 8, 1995.William B. Schultz,Deputy Commissioner for Policy.[FR Doc. 95–28148 Filed 11–9–95; 9:54 am]BILLING CODE 4160–01–F

Health Care Financing Administration

Public Information CollectionRequirements Submitted for PublicComment and Recommendations

AGENCY: Health Care FinancingAdministration, DHHS.

In compliance with the requirementof section 3506(c)(2)(A) of thePaperwork Reduction Act of 1995, theHealth Care Financing Administration(HCFA), Department of Health andHuman Services, has submitted to theOffice of Management and Budget(OMB) the following proposals for thecollection of information. Interestedpersons are invited to send commentsregarding this burden estimate or anyother aspect of this collection ofinformation, including any of thefollowing subjects: (1) The necessity andutility of the proposed informationcollection for the proper performance ofthe agency’s functions; (2) the accuracyof the estimated burden; (3) ways toenhance the quality, utility, and clarityof the information to be collected; and(4) the use of automated collectiontechniques or other forms of informationtechnology to minimize the informationcollection burden.

1. Type of Information CollectionRequest: Reinstatement, without change,of a previously approved collection forwhich approval has expired; Title ofInformation Collection: Income, andEligibility Verification System (IEVS)Information Collection Requirements in42 CFR 435.940–435.965; Form No.:HCFA–R–74; Use: Section 1137 of theSocial Security Act requires MedicaidState agencies and other federally-funded welfare agencies to requestincome and resource data from certainfederal agencies, State wage informationcollection agencies, and Stateunemployment compensation agenciesthrough an IEVS. The purpose of theIEVS is to ensure that only eligibleindividuals receive benefits. Ourregulations implementing theserequirements are found at 42 CFR435.940–435.965; Affected Public: State,Local or Tribal Government; Number ofRespondents: 54; Total AnnualResponses: 54; Total Annual HoursRequested: 131,390.

To request copies of the proposedpaperwork collection referenced above,E-mail your request, including youraddress, to [email protected], or callthe Reports Clearance Office on (410)786–1326. Written comments andrecommendations for the proposedinformation collection should be sentwithin 60 days of this notice direct tothe HCFA Paperwork Clearance Officerdesignated at the following address:

HCFA, Office of Financial and HumanResources, Management Planning andAnalysis Staff, Attention: LindaMansfield, Room C2–26–17, 7500Security Boulevard, Baltimore,Maryland 21244–1850.

Dated: November 6, 1995.

Kathleen B. Larson,

Director, Management Planning and AnalysisStaff, Office of Financial and HumanResources, Health Care FinancingAdministration.

[FR Doc. 95–28114 Filed 11–14–95; 8:45 am]


[BPO–132–N]

Medicare and Medicaid Programs;Quarterly Listing of ProgramIssuances and Coverage Decisions—Second Quarter 1995

AGENCY: Health Care FinancingAdministration (HCFA), HHS.ACTION: Notice.

SUMMARY: This notice lists HCFAmanual instructions, substantive andinterpretive regulations and otherFederal Register notices, and statementsof policy that were published duringApril, May, and June of 1995 that relateto the Medicare and Medicaid programs.Section 1871(c) of the Social SecurityAct requires that we publish a list ofMedicare issuances in the FederalRegister at least every 3 months.Although we are not mandated to do soby statute, for the sake of completenessof the listing, we are including allMedicaid issuances and Medicare andMedicaid substantive and interpretiveregulations (proposed and final)published during this timeframe. We arealso providing the content of revisionsto the Medicare Coverage Issues Manualpublished between April 1 and June 30,1995. On August 21, 1989, we publishedthe content of the Manual (54 FR 34555)and indicated that we will publishquarterly any updates. Adding to thislisting the complete text of the changesto the Medicare Coverage Issues Manualallows us to fulfill this requirement ina manner that facilitates identificationof coverage and other changes in ourmanuals.

FOR FURTHER INFORMATION CONTACT:

Margaret Cotton, (410) 786–5255 (ForMedicare instruction information).

Pat Prete, (410) 786–3246 (For Medicaidinstruction information).

Nancy Ranels, (410) 786–8928 (For allother information).



I. Program IssuancesThe Health Care Financing

Administration (HCFA) is responsiblefor administering the Medicare andMedicaid programs, which pay forhealth care and related services for 38million Medicare beneficiaries and 36million Medicaid recipients.Administration of these programsinvolves (1) Providing information toMedicare beneficiaries and Medicaidrecipients, health care providers, andthe public; and (2) effectivecommunications with regional offices,State governments, State MedicaidAgencies, State Survey Agencies,various providers of health care, fiscalintermediaries and carriers who processclaims and pay bills, and others. Toimplement the various statutes onwhich the programs are based, we issueregulations under authority granted theSecretary under sections 1102, 1871,and 1902 and related provisions of theSocial Security Act (the Act) and alsoissue various manuals, memoranda, andstatements necessary to administer theprograms efficiently.

Section 1871(c)(1) of the Act requiresthat we publish in the Federal Registerat least every 3 months a list of allMedicare manual instructions,interpretive rules, statements of policy,and guidelines of general applicabilitynot issued as regulations. We publishedour first notice June 9, 1988 (53 FR21730). Although we are not mandatedto do so by statute, for the sake ofcompleteness of the listing ofoperational and policy statements, weare continuing our practice of includingMedicare substantive and interpretiveregulations (proposed and final)published during the 3-monthtimeframe. Since the publication of ourquarterly listing on June 12, 1992 (57 FR24797), we decided to add Medicaidissuances to our quarterly listings.Accordingly, we are listing in thisnotice Medicaid issuances andMedicaid substantive and interpretiveregulations published from April 1through June 1995.

II. Medicare Coverage IssuesWe receive numerous inquiries from

the general public about whetherspecific items or services are coveredunder Medicare. Providers, carriers, andintermediaries have copies of theMedicare Coverage Issues Manual,which identifies those medical items,services, technologies, or treatmentprocedures that can be paid for underMedicare. On August 21, 1989, wepublished a notice in the FederalRegister (54 FR 34555) that contained

all the Medicare coverage decisionsissued in that manual.

In that notice, we indicated thatrevisions to the Coverage Issues Manualwill be published at least quarterly inthe Federal Register. We also sometimesissue proposed or final nationalcoverage decision changes in separateFederal Register notices. Readersshould find this an easy way to identifyboth issuance changes to all ourmanuals and the text of changes to theCoverage Issues Manual.

Revisions to the Coverage IssuesManual are not published on a regularbasis but on an as-needed basis. Wepublish revisions as a result oftechnological changes, medical practicechanges, responses to inquiries wereceive seeking clarifications, or theresolution of coverage issues underMedicare. If no Coverage Issues Manualrevisions were published during aparticular quarter, our listing will reflectthat fact.

Not all revisions to the CoverageIssues Manual contain major changes.As with any instruction, sometimesminor clarifications or revisions aremade within the text. We have reprintedmanual revisions as transmitted tomanual holders. The new text is shownin italics. We will not reprint the tableof contents, since the table of contentsserves primarily as a finding aid for theuser of the manual and does not identifyitems as covered or not.

III. How to Use the AddendaThis notice is organized so that a

reader may review the subjects of allmanual issuances, memoranda,substantive and interpretive regulations,or coverage decisions published duringthe timeframe to determine whether anyare of particular interest. We expect it tobe used in concert with previouslypublished notices. Most notably, thoseunfamiliar with a description of ourMedicare manuals may wish to reviewTable I of our first three notices (53 FR21730, 53 FR 36891, and 53 FR 50577)and the notice published March 31,1993 (58 FR 16837), and those desiringinformation on the Medicare CoverageIssues Manual may wish to review theAugust 21, 1989 publication (54 FR34555).

To aid the reader, we have organizedand divided this current listing into fiveaddenda. Addendum I identifiesupdates that changed the CoverageIssues Manual. We published notices inthe Federal Register that included thetext of changes to the Coverage IssuesManual. These updates, when added tomaterial from the manual published onAugust 21, 1989 constitute a completemanual as of June 30, 1995. Parties

interested in obtaining a copy of themanual and revisions should follow theinstructions in section IV of this notice.

Addendum II identifies previousFederal Register documents thatcontain a description of all previouslypublished HCFA Medicare andMedicaid manuals and memoranda.

Addendum III of this notice lists, foreach of our manuals or ProgramMemoranda, a HCFA transmittalnumber unique to that instruction andits subject matter. A transmittal mayconsist of a single instruction or many.Often it is necessary to use informationin a transmittal in conjunction withinformation currently in the manuals.

Addendum IV sets forth the revisionsto the Medicare Coverage Issues Manualthat were published during the quartercovered by this notice. For the revisions,we give a brief synopsis of the revisionsas they appear on the transmittal sheet,the manual section number, and the titleof the section. We present a completecopy of the revised material, no matterhow minor the revision, and identify therevisions by printing in italics the textthat was changed. If the transmittalincludes material unrelated to therevised section, for example, when theaddition of revised material causes othersections to be repaginated, we do notreprint the unrelated material.

Addendum V lists all substantive andinterpretive Medicare and Medicaidregulations and general noticespublished in the Federal Registerduring the quarter covered by thisnotice. For each item, we list the datepublished, the Federal Register citation,the title of the regulation, the parts ofthe Code of Federal Regulations (CFR)which have changed (if applicable), theagency file code number, the endingdate of the comment period (ifapplicable), and the effective date (ifapplicable).

IV. How to Obtain Listed Material

A. Manuals

An individual or organizationinterested in routinely receiving anymanual and revisions to it may purchasea subscription to that manual. Thosewishing to subscribe should contacteither the Government Printing Office(GPO) or the National TechnicalInformation Service (NTIS) at thefollowing addresses:Superintendent of Documents,

Government Printing Office, ATTN:New Order, P.O. Box 371954,Pittsburgh, PA 15250–7954,Telephone (202) 512–1800, Faxnumber (202) 512–2250 (for creditcard orders); or


National Technical Information Service,Department of Commerce, 5825 PortRoyal Road, Springfield, VA 22161,Telephone (703) 487–4630.In addition, individual manual

transmittals and Program Memorandalisted in this notice can be purchasedfrom NTIS. Interested parties shouldidentify the transmittal(s) they want.GPO or NTIS can give complete detailson how to obtain the publications theysell.

B. Regulations and NoticesRegulations and notices are published

in the daily Federal Register. Interestedindividuals may purchase individualcopies or subscribe to the FederalRegister by contacting the GPO at theaddress indicated above. When orderingindividual copies, it is necessary to citeeither the date of publication or thevolume number and page number.

C. RulingsRulings are published on an

infrequent basis by HCFA. Interestedindividuals can obtain copies from thenearest HCFA Regional Office or reviewthem at the nearest regional depositorylibrary. We also sometimes publishRulings in the Federal Register.

D. HCFA’s Compact Disk-Read OnlyMemory (CD–ROM)

HCFA’s laws, regulations, andmanuals are now available on CD–ROM,which may be purchased from GPO orNTIS on a subscription or single copybasis. The Superintendent of Documentslist ID is HCLRM, and the stock numberis 717–139–00000–3. The followingmaterial is contained on the CD–ROMdisk:

• Titles XI, XVIII, and XIX of the Act.• HCFA-related regulations.• HCFA manuals and monthly

revisions.• HCFA program memoranda.The titles of the Compilation of the

Social Security Laws are current as ofJanuary 1, 1993. The remaining portionsof CD–ROM are updated on a monthlybasis.

The CD–ROM disk does not containAppendix M (Interpretative Guidelinesfor Hospices). Copies of this appendixmay be reviewed at a Federal DepositoryLibrary (FDL).

Any cost report forms incorporated inthe manuals are included on the CD–

ROM disk as LOTUS files. LOTUSsoftware is needed to view the reportsonce the files have been copied to apersonal computer disk.

V. How to Review Listed Material

Transmittals or Program Memorandacan be reviewed at a local FDL. Underthe FDL program, governmentpublications are sent to approximately1400 designated libraries throughout theUnited States. Interested parties mayexamine the documents at any one ofthe FDLs. Some may have arrangementsto transfer material to a local library notdesignated as an FDL. To locate thenearest FDL, individuals should contactany library.

In addition, individuals may contactregional depository libraries, whichreceive and retain at least one copy ofmost Federal government publications,either in printed or microfilm form, foruse by the general public. Theselibraries provide reference services andinterlibrary loans; however, they are notsales outlets. Individuals may obtaininformation about the location of thenearest regional depository library fromany library. Superintendent ofDocuments numbers for each HCFApublication are shown in Addendum III,along with the HCFA publication andtransmittal numbers. To help FDLslocate the instruction, use theSuperintendent of Documents number,plus the HCFA transmittal number. Forexample, to find the Carriers Manual,Part 2—Program Administration (HCFA-Pub. 14–2) transmittal entitled‘‘Beneficiary Services,’’ use theSuperintendent of Documents No. HE22.8/7–3 and the HCFA transmittalnumber 132.

VI. General Information

It is possible that an interested partymay have a specific information needand not be able to determine from thelisted information whether the issuanceor regulation would fulfill that need.Consequently, we are providinginformation contact persons to answergeneral questions concerning theseitems. Copies are not available throughthe contact persons. Copies can bepurchased or reviewed as noted above.

Questions concerning Medicare itemsin Addenda III may be addressed toMargaret Cotton, Bureau of Program

Operations, Issuances Staff, Health CareFinancing Administration, S3–01–27,7500 Security Blvd., Baltimore, MD21244–1850, Telephone (410) 786–5255.

Questions concerning Medicaid itemsin Addenda III may be addressed to PatPrete, Medicaid Bureau, Office ofMedicaid Policy, Health Care FinancingAdministration, C4–25–02, 7500Security Boulevard, Baltimore, MD21244–1850, Telephone (410) 786–3246.

Questions concerning all otherinformation may be addressed to NancyRanels, Bureau of Policy Development,Office of Regulations, Health CareFinancing Administration, C5–09–05,7500 Security Blvd., Baltimore, MD21244–1850, Telephone (410) 786–8928.(Catalog of Federal Domestic AssistanceProgram No. 93.773, Medicare—HospitalInsurance, Program No. 93.774, Medicare—Supplementary Medical Insurance Program,and Program No. 93.714, Medical AssistanceProgram)

Dated: November 3, 1995.Bruce C. Vladeck,Administrator, Health Care FinancingAdministration.

Addendum I

This addendum lists the publicationdates of the most recent quarterly listingof program issuances and coveragedecision updates to the Coverage IssuesManual. For a complete listing of thequarterly updates to the Coverage IssuesManual published between March 20,1990 through November 14, 1994,please refer to the January 3, 1995update (60 FR 134).January 3, 1995 (60 FR 132)April 6, 1995 (60 FR 17538)July 26, 1995 (60 FR 38344)

Addendum II—Description of Manuals,Memoranda, and HCFA Rulings

An extensive descriptive listing ofMedicare manuals and memoranda waspublished on June 9, 1988, at 53 FR21730 and supplemented on September22, 1988, at 53 FR 36891 and December16, 1988, at 53 FR 50577. Also, acomplete description of the MedicareCoverage Issues Manual was publishedon August 21, 1989, at 54 FR 34555. Abrief description of the variousMedicaid manuals and memoranda thatwe maintain was published on October16, 1992, at 57 FR 47468.


ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS

[April through June 1995]

Trans.No. Manual/Subject/Publication No.

Intermediary ManualPart 2—Audits, Reimbursement

Program Administration (HCFA-Pub. 13–2)(Superintendent of Documents No. HE 22.8/6–1)

405 • Beneficiary Services

Intermediary ManualPart 3—Claims Process (HCFA-Pub. 13–3)

(Superintendent of Documents No. HE 22.8/6)

1647 • On-Site CMRsReview Options

1648 • Table of Contents Updates (Chapters I through X)1649 • Under Arrangements

Skilled Nursing Facility DefinedUtilization Review PlanPhysician Members of UR CommitteeReporting Outpatient Surgery and Other ServicesAmbulatory Surgical Center PRICER ProgramPRO Reporting on Medical Review

1650 • Provider Information NotificationRural Health Clinics—General

1651 • Review of Form HCFA–1450 for Inpatient and Outpatient Bills1652 • Pneumococcal Pneumonia Vaccinations

Influenza Virus Vaccine1653 • Special Billing Instructions for Pneumococcal Pneumonia, Influenza Virus and Hepatitis B Vaccines1654 • Outpatient Services Treated as Inpatient Services

Requirements for Submission of EMC DataFile Specifications, Records Specifications, and Data Element Specifications for EMC BillsNational Standard Electronic Remittance AdviceMedicare Standard Electronic PC-Print Software

Carriers Manual—Part 2Program Administration (HCFA-Pub. 14–2)

(Superintendent of Documents No. HE 22.8/7–3)

132 • Beneficiary Services

Carriers Manual—Part 3Claims Process (HCFA-Pub. 14–3)


1513 • Claims for Outpatient Services Furnished by Physical or Occupational Therapist in Independent Practice1514 • Sample Notification Letter1515 • List of Covered Surgical Procedures

ASC Payment Group Rates1516 • Pneumococcal Pneumonia Vaccinations

Influenza Virus Vaccine1517 • Type of Service1518 • Data Sets and Formats for Electronic Media Claims and Electronic Remittance Advice

Personal Computer SoftwareMedicare Standard PC-Print-B Software

Program MemorandumIntermediaries (HCFA-Pub. 60A)


A–95–4 • Requirement for Line Item Dates of Service on All Claims Containing Clinical Diagnostic Laboratory Services Subject to theLaboratory Fee Schedule Spanning 2 or More Dates

A–95–5 • Submission of Form HCFA–265–94 (Independent Renal Dialysis Facility Cost Report)A–95–6 • Submission of Form HCFA–2552–92 (Hospital and Hospital Health Care Complex Cost Report) Print Image EncryptionA–95–7 • Extension of Due Date for Filing Cost Reports on Form HCFA–2540–92, Revised January 1995A–95–8 • Medicare’s Partial Hospitalization Benefit-Eligibility and Scope of Services

Program MemorandumCarriers (HCFA-Pub. 60B)


B–95–2 • Coverage of Epoetin Alfa for HIV/AIDS and Cancer Patients Undergoing Chemotherapy


ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued[April through June 1995]


B–95–3 • Statistical Software Tools to Assist in Random Sampling and Overpayment ProjectionB–95–4 • Temporary HCPCS Codes for Certain Drugs and Radionuclides

Program MemorandumIntermediaries/Carriers (HCFA-Pub. 60 A/B)

(Superintendent of Documents No. HE 22/8–5)

AB–95 • Preparing and Transmitting Provider Data for the Medicare Transaction System Medicare Provider Database PreparationProject

Program MemorandumMedicaid State Agencies (HCFA-Pub. 17)


95–2 • Title XIX, Social Security Act, Persons with Drug Addiction or Alcoholism95–3 • Title XIX, Social Security Act, Medicaid Eligibility and Coverage95–4 • Title XIX, Social Security Act—Survey, Certification, and Enforcement Regulation for Nursing Facilities

Hospital Manual (HCFA-Pub. 10)(Superintendent of Documents No. HE 22.8/2)

679 • Table of Contents Updates (Chapters 1 through IV)680 • Reporting Outpatient Surgery and Other Services681 • Need to Reprocess Inpatient Claims in Sequence682 • Outpatient Services Treated as Inpatient Services

Home Health Agency Manual (HCFA-Pub. 11)(Superintendent of Documents No. HE 22.8/5)

275 • Pneumococcal Pneumonia, Influenza Virus and Hepatitis B Vaccines

Skilled Nursing Facility Manual (HCFA-Pub. 12)(Superintendent of Documents No. HE 22.8/3)

337 • Skilled Nursing Facility DefinedUtilization Review PlanPhysician Members of UR CommitteeLimitations on Payment for Inpatient Services Following Adverse Finding by URCAvailability and Appropriateness of Other Facilities and ServicesFailure to Make Timely Review of Cases

338 • Need to Reprocess Inpatient Claims in Sequence

Health Maintenance Organization/Competitive Medical Plan Manual (HCFA-Pub. 75)(Superintendent of Documents No. HE 22/8/21:989)

14 • GeneralReasonable Cost PaymentDirect Payment by HMO/CMP to Hospital and Skilled Nursing FacilitiesServices Furnished Directly or Through ArrangementInterim Payment for Cost Reimbursed PlansPlan Payment ReportInterim Cost and Enrollment ReportsInterim Cost Report for Experienced HMO/CMPsAdjustment of PaymentsFinal Settlement Process—Cost Basis HMO/CMPsInterest Charges for Medicare Overpayments/UnderpaymentsPrudent Buyer PrincipleCosts in Excess of Adjusted Average Per Capita CostsMedicare as Secondary PayerPayment Procedures for Provider Services Paid for Directly by HMO/CMPFiling Requirements for Providers Using Form HCFA–2552Providers Receiving Payment Under Prospective Payment SystemNew Limitations Imposed by OBRA 1989Enrollment and Marketing CostsDetermining Deductibles and CoinsuranceMedicare Secondary Payer PoliciesBenefit Coordination LGHPAlternative Method for Cost Report Treatment of Employer Health PlansDetermining Total Costs for Comparison With AAPCC Limits Taxes




Rural Health Clinic and FederallyQualified Health Centers Manual (HCFA-Pub. 27)

(Superintendent of Documents No. HE 22.8/19:985)

20 • Billing of Pneumococcal Pneumonia, Influenza Virus and Hepatitis B Vaccines by Rural Health Clinics and Federally QualifiedHealth Centers

Hospice Manual (HCFA-Pub. 21)(Superintendent of Documents No. HE 22.18)

46 • Credit Balance Reporting RequirementsPayment of Amounts Owed MedicareMedicare Credit Balance Report CertificationMedicare Credit Balance Report (HCFA–838)

Coverage Issues Manual (HCFA-Pub. 6)(Superintendent of Documents No. HE 22.8/14)

75 • Home Blood Glucose Monitors76 • Positron Emission Tomography (PET or PETT) Scans77 • Pneumatic Compression Devices (Used for Lymphedema)

Regional Office Manual Medicare (HCFA-Pub. 23–2)(Superintendent of Documents No. HE 22.8/8)

328 • Contractor Performance Evaluation

Regional Office ManualStandards and Certification (HCFA-Pub. 23–4)


58 • Approval of Facilities Furnishing Renal ServicesHealth and Safety Conditions to be Surveyed by the State AgencyParticipation of Veterans Administration Hospitals in the ProgramUse of Provider Tie-In Notice, HCFA–2007, for Suppliers of ESRD Program ServicesNetwork ActivitiesContinuous Ambulatory Peritoneal Dialysis CoverageNotice of Initial Approval of ESRD FacilityNotice—Recertification of ESRD FacilityNotice of Approval of CAPD Services

59 • CitationsProcessing Allegations of NoncomplianceTermination Procedures for Violations of 42 CFR 489.20 and 42 CFR 489.24Procedures for Coordinating Statutorily Mandated Peer Review Organization Review of Confirmed Dumping CasesRequest for Survey of 42 CFR 489.20 and 42 CFR 489.24, Essentials of Provider Agreements: Responsibilities of Medicare

Participating Hospitals in Emergency Cases, Form HCFA–1541AModel Letter Acknowledging Complaint Alleging Noncompliance with 42 CFR 489.24 and/or the Related Requirements of 42

CFR 489.20: Investigation Not WarrantedModel Letter Acknowledging Complaint Alleging Noncompliance with 42 CFR 489.24 and/or the Related Requirements of 42

CFR 489.20: Investigation WarrantedResponsibilities of Medicare Participating Hospitals in Emergency Cases Investigation Report, Form HCFA–1541BModel Letter Requesting Physician Review of A Possible Violation of 42 CFR 489.24Physician Review Outline for Emergency Care Obligations of Medicare Participating HospitalsModel Letter Following Investigation Into Alleged Violation of 42 CFR 489.24 and/or the Related Requirements of 42 CFR

489.20: Facility in ComplianceModel Letter for a Violation of 42 CFR 489.24: Preliminary Determination Letter (Immediate and Serious Threat)Model Letter for a Violation of 42 CFR 489.24 and/or the Related Requirements of 42 CFR 489.20: Preliminary Determination

Letter (90 Day Termination Track)Model Letter to Complainant Following Investigation of Alleged Violation of 42 CFR 489.24 and/or the Related Requirements

of 42 CFR 489.20: Complaint Not SubstantiatedModel Letter to Complainant Following Investigation of Alleged Violation of 42 CFR 489.24 and/or the Related Requirements

of 42 CFR 489.20: Complaint SubstantiatedModel Letter for Referring a Violation of 42 CFR 489.24 to the Office of the Inspector GeneralModel Letter for Referring a Violation of 42 CFR 489.24 to the Regional Office for Civil RightsModel Letter for a Past Violation of 42 CFR 489.24 and/or the Related Requirements of 42 CFR 489.20: No TerminationModel Letter for a Violation of 42 CFR 489.24 and/or the Related Requirements of 42 CFR 489.20: Notice of TerminationModel Letter Requesting PRO Review of a Confirmed Violation of 42 CFR 489.24 for Purposes of Assessing Civil Monetary

Penalties or Excluding Physicians




Peer Review Organization Manual(HCFA-Pub. 19)


49 • Citations and AuthorityIssuance of Hospital Notices of NoncoverageContent of Hospital-Issued Notice of NoncoverageMonitoring Hospital-Issued Notices of NoncoverageBackgroundMonitoring Procedures

50 • Consumer Representative51 • Sections 2100–2150 are Deleted

Sections 4700–4735 are DeletedExhibit 4–2 is DeletedSections 12200–12210 are Deleted

State Operations ManualProvider Certification (HCFA-Pub. 7)


270 • Certification Functions of the State AgencyTypes of ESRD FacilityESRD Application RequirementState Agency Control of HCFA–3427ESRD Survey ProceduresEnd-Stage Renal Disease Survey Report—Crucial Data ExtractModel Letter to Previously-Approved Facility Requesting Approval to Expand or Add a New ESRD ServiceModel Letter to Facility Returning Application Not Accompanied by Required Certificate of Need (Where Applicable)ESRD Application and Survey and Certification Report, HCFA–3427Survey Procedures and Interpretive Guidelines for ESRD Facilities

271 • Basis for Accredited Hospital Complaint InvestigationRO Direction of Accredited Hospital Complaint InvestigationConducting an Accredited Hospital Complaint InvestigationBackgroundBasis for InvestigationRO Direction of InvestigationConducting an InvestigationForwarding Report of Investigation to the RORO Review of InvestigationTermination Procedures for Violations of Section 489.24 and/or the Related Requirements of Section 489.20Request for Survey of Section 489.20 and Section 489.24, Essentials of Provider Agreements: Responsibilities of Medicare

Participating Hospitals in Emergency Cases, Form HCFA–1541AResponsibilities of Medicare Participating Hospitals in Emergency Cases Investigation Report, Form HCFA–1541BPhysician Review Outline for Emergency Care Obligations of Medicare HospitalsInvestigation Procedures and Interpretive Guidelines-Special Responsibilities of Medicare Hospitals in Emergency Cases

272 • Specification of RAIs for Use in Long Term Care FacilitiesDefinitionsMinimum Data Set and RAI Designated by HCFASpecification of a State RAIVariations in Formatting the State Specified RAIApproval ProcessResident Assessment Instrument for Long Term Care Facilities

273 • IntroductionDefinitions and AcronymsChange in Certification Status for Medicaid NFsSNFs—Citations and DescriptionNFs—Citations and DescriptionTypes of Facilities That May Qualify as SNFs and NFsSNFs Providing Outpatient Physical Therapy, Speech Pathology or Occupational ServicesSpecial Waivers Applicable to SNFs and NFsEmphasis, Components and ApplicabilitySurvey Team Size and Composition—Length of SurveyConflicts of Interest for Federal and State EmployeesSurvey ProtocolSurvey FrequencyUnannounced SurveysSubstandard Quality of Care and Extended and Partial Extended SurveysInformal Dispute ResolutionCertification of Compliance and Noncompliance for SNFs and NFsAction When Facility Is Not in Substantial Compliance




Appeal of Certification of NoncomplianceCertification-Related TermsNotice RequirementsTiming of CMPsImmediate Jeopardy ExistsEnforcement Action When Immediate Jeopardy ExistsKey Dates When Immediate Jeopardy ExistsImmediate Jeopardy Does Not ExistEnforcement Action When Immediate Jeopardy Does Not ExistConsiderations Affecting Enforcement Recommendation to Impose Remedies When Immediate Jeopardy Does Not ExistProcedures for Recommending Enforcement Remedies When Immediate Jeopardy Does Not ExistSpecial Procedures for Recommending and Imposing Category 1 RemediesDisagreements About Remedies When Immediate Jeopardy Does Not ExistKey Dates When Immediate Jeopardy Does Not ExistResponse to Allegation of ComplianceNew Deficiencies IdentifiedProcedures for Certifying ComplianceAction When There is Substandard Quality of CareEnforcement Remedies for SNFs and NFsDirected Plan of CorrectionDirected In-Service TrainingState MonitoringDenial of Payment For All New Admissions for SNFs and NFsSecretarial Authority to Deny All PaymentBasis for Imposing CMPsCompliance With Section 1128A of the ActSpecial Procedures Regarding Compliance Decision and Overlap of RemediesDetermining Amount of CMPEffective Date of CMPNotice of Imposition of CMPDuration of CMPSettlement of CMPAppeal of Noncompliance Which Led to Imposition of CMPWhen Penalty Is Due and PayableNotice of Amount Due and CollectibleDisposition of Collected CMPLoss of NATCEP or CEP as a Result of CMPTemporary ManagementTransfer of Residents and Transfer of Residents with Closure of FacilityTermination Procedures for SNFs and NFs When Facility is Not in Substantial Compliance with Program Participation Require-

mentsContinuation of Payment During RemediationInvestigation of Complaints of Violations and Monitoring of ComplianceAction on Complaints of Resident Neglect and Abuse and Misappropriation of Resident PropertyConsistency of Survey ResultsSanctions for Inadequate State Survey PerformanceEducational ProgramsCriteria for Reviewing State Plan Amendments for Specified and Alternative Enforcement RemediesState/Federal Disagreements Over Timing and Choice of RemediesNATCEP and CEP DisapprovalsInformation Disclosed to PublicRequesting Public InformationCharges for InformationTime Periods for Disclosing SNF/NF InformationInformation Furnished to State’s Long Term Care OmbudsmanInformation Furnished to Attending Physician and State BoardAccess to Information by State Medicaid Fraud Control UnitModel Letter to Provider (Immediate Jeopardy Does Not Exist)Model Letter Notifying Provider of Acceptance of Allegation of ComplianceModel Letter Notifying Provider of Results of RevisitModel Letter to Provider (Imposition of Remedies) (Immediate Jeopardy Does Not Exist)Model Letter to Provider (Imposition of Remedies) (Immediate Jeopardy Exists)Notice of Imposition of a Civil Money PenaltyNotification of Change in the Amount of the Civil Money PenaltyNotice of Receipt of the Written Request of Waiver of Right to a HearingNotice of Payment Amount Due and PayableNotification of Deduction of Civil Money Penalty From Money Owing to the Provider




Medicare Provider Reimbursement Manual (Part 1) (HCFA-Pub. 15–1) (Superintendent of Documents No. HE 22.8/4)

383 • Regional Medicare Swing-Bed SNF Rates

Provider Reimbursement ManualPart II—Provider Cost Reporting

Forms and Instructions—Chapter 16(HCFA-Pub. 15–IIP)


4 • Return on Equity CapitalReimbursement in the SNF Cost Report for Community Mental Health Centers


Forms and Instructions—Chapter 24(HCFA-Pub. 15–IIX)


7 • Allocation of the Operating Cost Reduction Due to Change in Payment for Ambulatory Surgery and Radiology for Cost Report-ing Periods Ending January 31, 1991, through September 29, 1991

Provider Reimbursement ManualPart II— Provider Cost Reporting

Forms and Instructions—Chapter 28(HCFA-Pub. 15–II–AB)


6 • Regulatory Changes for the Wage IndexElectronic Reporting Specifications for Form-2552–92


Forms and Instructions—Chapter 22(HCFA-Pub. 15–II–AG)


1 • Organ Procurement Organization and Tissue Typing Laboratory (Histocompatibility Laboratory) Cost Report, Form HCFA–216–94

End Stage Renal Disease NetworkOrganizations Manual (HCFA-Pub. 81)

(Superintendent of Documents No. HE 22.8.9/4)

3 • Background/Authority ObjectivesSystem CapacitySoftware RequirementsHardware RequirementsCommunicationsData SecurityConfidentiality of DataData ManagementESRD Data ResponsibilityHCFA ESRD FormsReview of ESRD Medical Evidence Report—Medicare Entitlement and/or Patient Registration FormCollection, Completion, and Validation of ESRD FormsTracking System for ESRD FormsESRD Forms Submission Compliance RatesHCFA ESRD Forms Facsimiles and Data CorrectionsResolving Discrepant Records—Forms FacsimilesDisposition CodeCorrecting FacsimileError CodeDetermining Correct Medicare Health Insurance Claim NumberOther Incorrect Data ElementsMaintenance of Hardcopy FormsFacility RosterUpdate of Network DatabaseNational Surveillance of Dialysis-Associated Disease FormSpecial Studies/Surveys




Department of Veterans AffairsRenal Transplant DataObtaining and Processing Renal Transplant DataInquiries from HMOs/CMPsNetwork Required to Provide Information to HMOs/CMPsNetwork Not Required to Furnish Information to HMOs/CMPsData—Core IndicatorsAuthorityObjectivesHealth Care Quality Improvement ProgramQuality of Care AssessmentCore IndicatorsCore Indicators—Network National SampleCore Indicators—Sampling MethodCore Indicators—Data CollectionCore Indicators—Data ValidationCore Indicators—Data ReportingPattern AnalysisPattern Analysis ReportingPreparation of ReportsNational Cooperative ProjectsNational Cooperative ProcessQuality of Care Evaluation and ImprovementFeedback ReportsNetwork Intervention and Follow-upImprovement PlanSpecial ProjectsSpecial Projects ProtocolSpecial Projects—Delivery RequirementsQuality Assessment and Improvement Reports AuthorityNetwork Role Prior to Initiating a Sanction RecommendationDocumentation Requirements for Sanction RecommendationForwarding the Sanction Recommendation to the Appropriate Regional OfficeProject Officer Role in Sanction ProceduresRO Role in Sanction ProceduresRO Role in Notice and Appeal RightsDuration and Removal of Alternative Sanction

State Medicaid ManualPart 3—Eligibility (HCFA-Pub. 45–3)


66 • American Indian Born in Canada—Types of DocumentationIllegal Aliens Eligible for Emergency Services

State Medicaid ManualPart 4—Services (HCFA-Pub. 45–4)


67 • Personal Care Services

State Medicaid ManualPart 5—Early and Periodic Screening,

Diagnosis, and Treatment (HCFA-Pub. 45–5)(Superintendent of Documents No. HE 22.8/10)

9 • Screening Service Content10 • Periodicity Schedule

Transportation and Scheduling Assistance (Support Services)Program Monitoring, Planning, and EvaluationReimbursement

State Medicaid ManualPart 6—Payment for Services (HCFA-Pub. 45–6)(Superintendent of Documents No. HE 22.8/10)

28 • Updates the Drug Ingredient Prices Used to Establish Upper Limits for Prescription DrugsMedicare/MedicaidSanction/Reinstatement Report

95–4 • Report of Physician/Practitioners, Providers and/or Other Health Care Suppliers—February 1995




95–5 • Cumulative Report of Physicians/Practitioners, Providers and/or Other Health Care Suppliers Sanctioned/Reinstated95–6 • Report of Physician/Practitioners, Providers and/or Other Health Care Suppliers—March 1995

Addendum IV—Medicare CoverageIssues Manual

(For the reader’s convenience, newmaterial and changes to previouslypublished material are in italics. If anypart of a sentence in the manualinstruction has changed, the entire lineis shown in italics. The transmittalincludes material unrelated to revisedsections. We are not reprinting theunrelated material.)

Transmittal No. 75; sections 60–11 -60–11 (Cont.) Home Blood GlucoseMonitors CHANGED IMPLEMENTINGINSTRUCTIONS—EFFECTIVE DATE:For Services Furnished On or After 04/27/95.

Section 60–11, Home Blood GlucoseMonitors.—This section is revised toeliminate the requirement that thepatient must be subject to poor diabeticcontrol. Medical evidence indicates thatblood glucose monitors are medicallyappropriate for individuals who do nothave poor diabetic control. In addition,the policy is revised to allow anyresponsible individual, not only afamily member, to be trained to use theequipment and monitor the patientwhen the patient is not capable of doingso.

60–11 Home Blood Glucose Monitors

There are several different types ofblood glucose monitors which usereflectance meters to determine bloodglucose levels. Medicare coverage ofthese devices varies, both with respectto the type of device and the medicalcondition of the patient for whom thedevice is prescribed.

Reflectance colorimeter devices usedfor measuring blood glucose levels inclinical settings are not covered asdurable medical equipment for use inthe home because their need forfrequent professional recalibrationmakes them unsuitable for home use.However, some types of blood glucosemonitors which use a reflectance meterspecifically designed for home use bydiabetic patients may be covered asdurable medical equipment, subject tothe conditions and limitations describedbelow.

Blood glucose monitors are meterdevices which read color changesproduced on specially treated reagent

strips by glucose concentrations in thepatient’s blood. The patient, using adisposable sterile lancet, draws a dropof blood, places it on a reagent strip and,following instructions which may varywith the device used, inserts it into thedevice to obtain a reading. Lancets,reagent strips, and other suppliesnecessary for the proper functioning ofthe device are also covered for patientsfor whom the device is indicated. Homeblood glucose monitors enable certainpatients to better control their bloodglucose levels by frequently checkingand appropriately contacting theirattending physician for advice andtreatment. Studies indicate that thepatient’s ability to carefully followproper procedures is critical toobtaining satisfactory results with thesedevices. In addition, the cost of thedevices, with their supplies, limitseconomical use to patients who mustmake frequent checks of their bloodglucose levels. Accordingly, coverage ofhome blood glucose monitors is limitedto patients meeting the followingconditions:

• The patient must be an insulin-treated diabetic;

• The patient’s physician states thatthe patient is capable of being trained touse the particular device prescribed inan appropriate manner. In some cases,the patient may not be able to performthis function, but a responsibleindividual can be trained to use theequipment and monitor the patient toassure that the intended effect isachieved. This is permissible if therecord is properly documented by thepatient’s physician; and

• The device is designed for homerather than clinical use.

There is also a blood glucosemonitoring system designed especiallyfor use by those with visualimpairments. The monitors used in suchsystems are identical in terms ofreliability and sensitivity to thestandard blood glucose monitorsdescribed above. They differ by havingsuch features as voice synthesizers,automatic timers, and speciallydesigned arrangements of supplies andmaterials to enable the visuallyimpaired to use the equipment withoutassistance.

These special blood glucosemonitoring systems are covered underMedicare if the following conditions aremet:

• The patient and device meet thefour conditions listed above for coverageof standard home blood glucosemonitors; and

• The patient’s physician certifiesthat he or she has a visual impairmentsevere enough to require use of thisspecial monitoring system.

The additional features andequipment of these special systemsjustify a higher reimbursement amountthan allowed for standard blood glucosemonitors. Separately identify claims forsuch devices and establish a separatereimbursement amount for them. Forthose carriers using HCPCS, theprocedure code and definition is:EO609—Blood Glucose Monitor—withspecial features (e.g., voice synthesizers,automatic timer).

Transmittal No. 76; sections 50–36—50–39.1 Positron Emission Tomography(PET or PETT) Scans—NewImplementing Instructions—EffectiveDate: Services furnished on or afterMarch 14, 1995.

Section 50–36, Positron EmissionTomography (PET or PETT) Scans.—This section is revised to providelimited coverage of positron emissiontomography scans. Previously, PETscans were considered experimental byHCFA. PET scans are covered for use innoninvasive imaging of the perfusion ofthe heart for diagnosis and managementof patients with known or suspectedcoronary artery disease. Coverage islimited to scans which employRubidium-82, done on equipmentapproved by the Food and DrugAdministration, and when done in placeof, but not in addition to a single photonemission computed tomography(SPECT) scan. PET centers must fileclaims for Medicare beneficiaries usingspecific G codes, and provideinformation regarding the results ofprevious tests. PET centers are alsoexpected to maintain patient records foreach Medicare patient with sufficientinformation to substantiate the need forthe scan.


50–36 Positron Emission Tomography(Pet or Pett) Scans (Effective for ServicesPerformed on or After March 14, 1995)

Positron emission tomography (PET),also known as positron emissiontransverse tomography (PETT), is anoninvasive imaging procedure thatassesses perfusion and the level ofmetabolic activity in various organsystems of the human body. A positroncamera (tomograph) is used to producecross-sectional tomographic images bydetecting radioactivity from aradioactive tracer substance(radiopharmaceutical) that is injectedinto the patient.

Until recently Medicare consideredPET scans experimental and, therefore,not covered. HCFA has now concludedthat one use of PET scans, imaging ofthe perfusion of the heart usingRubidium 82 (Rb 82), is no longerexperimental, and may be covered,provided that several conditions,outlined below, are met. Thisconditional coverage is dictated by twosignificant factors that apply to PETscans.

First, although PET is no longerconsidered experimental for this singleuse, it duplicates other covered forms ofdiagnostic testing, and the degree towhich PET scans may substitute asprimary tests for such uses, ascompared to a confirming or medicallynecessary additional test, is not as clearas is preferable. For example, in thecase of imaging perfusion of the heart,body size and type may result in atechnically uninterpretable singlephoton emission computed tomography(SPECT) test in some cases,necessitating a PET scan in order toproduce clearer images and allowdiagnosis and treatment of the patient.

Second, the Food and DrugAdministration (FDA) has approvedonly Rubidium 82 for general PET scanuse. The FDA considersradiopharmaceuticals drugs, subject toall of the requirements for manufacture,testing and approval (includingapproval for certain specific uses) thatthe FDA applies to all drugs. Thus someuses of PET cannot be considered forcoverage due to the lack of approval ofthe radiopharmaceuticals involved inthose uses.

Although the FDA has approvedanother radiopharmaceutical (deoxy-2–Fluoro-D-glucose (FDG)), that approvalis very limited and is restricted to asingle PET site at this time. The FDAcurrently requires each site to submit itsversion of FDG for testing and approvalas a new drug. In view of theserestrictions, coverage of PET with FDGis not being considered at this time.

HCFA will continue to monitor the useof PET with FDG, with a view towardconsidering coverage of such uses whenthey appear appropriate.

The following coverage requirementsmust be met to assure that PET scans (1)are medically necessary, (2) do notunnecessarily duplicate other covereddiagnostic tests, and (3) do not involveinvestigational drugs or proceduresusing investigational drugs.

A. Approved Sites.—PET scans maybe covered only at PET imaging centerswith PET scanners that have beenapproved by the FDA. Medicarecontractors must determine, prior tomaking payment for any PET scans,whether the center applying forpayment has an FDA-approved scanner.

B. Use of Rubidium 82 (Rb 82) andRelated Tests.—Coverage of PET scansunder Medicare is currently limited torest alone or rest with pharmacologicstress PET scans used for noninvasiveimaging of the perfusion of the heart forthe diagnosis and management ofpatients with known or suspectedcoronary artery disease using the FDA-approved radiopharmaceuticalRubidium 82 (Rb 82). Coverage isfurther limited to scans that meet eitherone of the following conditions:

• The PET scan, whether rest alone orrest with stress, is used in place of, butnot in addition to, a single photonemission computed tomography(SPECT); or

• The PET scan, whether rest alone orrest with stress, is used following aSPECT that was found inconclusive. Inthese cases, the PET scan must havebeen considered necessary in order todetermine what medical or surgicalintervention is required to treat thepatient. (For purposes of thisrequirement, an inconclusive test is atest(s) whose results are equivocal,technically uninterpretable, ordiscordant with a patient’s other clinicaldata.)

Note: PET scans using Rubidium 82,whether rest or stress are not covered byMedicare for routine screening ofasymptomatic patients, regardless of the levelof risk factors applicable to such patients.

C. Submission of Claims Data.—Claims for PET scans must include thefollowing information. Failure to submitthis information may result in denial ofa claim.

The PET center must, for any PETscan for which payment is claimed,complete all required information onthe claim form (including proper codesand modifiers) to indicate the results ofthe PET scan, as well as information asto whether the PET scan was done afteran inconclusive noninvasive cardiac

test. The information submitted withrespect to the previous cardiac test mustspecify the type of test done prior to thePET scan and whether it wasinconclusive or unsatisfactory. Theseexplanations are in the form of specialG codes used for billing PET scans.

D. Maintenance of Patient RecordData Onsite.—In view of theselimitations on coverage, HCFA maydecide to conduct some post-paymentreviews to determine that the use of PETscans is consistent with this instruction.PET centers must keep patient recordinformation on file for each Medicarepatient for whom a PET scan claim ismade. These medical records will beused in any post-payment reviews andmust include the information necessaryto substantiate the need for the PETscan. The records must includestandard information (e.g., age, sex, andheight) along with any annotationsregarding body size or type whichindicated a need for a PET scan todetermine that patient’s condition (i.e.,any reason the nature of the patient’sbody size or type mandated the use ofa PET scan in order to continuetreatment).

Transmittal No. 77; sections 60–16—60–19 (Cont.) Pneumatic CompressionDevices (Used for Lymphedema)CLARIFICATION—Effective Date: NotApplicable.

Section 60–16, PneumaticCompression Devices (Used forLymphedema).—This section is revisedto clairfy (1) That the nonsegmented andsegmented pump without manualcontrol of pressure in each chamber isconsidered the least costly alternativethat meets the clinical needs of theindividual for this type of durablemedical equipment (HCPCS codesE0650 and E0651), unless there isdocumentation that warrants paymentof the more costly manual control pump(HCPCS code E0652); (2) thedocumentation needed fordetermination of the type of pump to beused for the treatment of lymphedema;and (3) which pneumatic compressionpump is appropriate for chronic venousinsufficiency. 60–16 PneumaticCompression Devices (used forLymphedema)

Lymphedema is the swelling ofsubcutaneous tissues due to theaccumulation of excessive lymph fluid.The accumulation of lymph fluid resultsfrom an impairment to the normalclearing function of the lymphaticsystem and/or from an excessiveproduction of lymph. It is a relativelyuncommon, chronic condition whichmay be due to many causes, e.g.,surgical removal of lymph nodes, postradiation fibrosis, scarring of lymphatic


channel, onset of puberty (Milroy’sDisease), and congenital anomalies. Inthe home setting, both the segmentaland nonsegmental pneumaticcompression devices are covered onlyfor the treatment of generalized,refractory lymphedema.

Pneumatic compression devices areonly covered as a treatment of lastresort, i.e., other less intensivetreatments must have been tried firstand found inadequate. Such treatmentswould include leg or arm elevation andcustom fabricated gradient pressurestockings or sleeves.

Pneumatic compression devices maybe covered only when prescribed by aphysician and when they are used withappropriate physician oversight, i.e.,physician evaluation of the patient’scondition to determine medicalnecessity of the device, suitableinstruction in the operation of themachine, a treatment plan defining thepressure to be used and the frequencyand duration of use, and ongoingmonitoring of use and response totreatment.

The determination by the physician ofthe medical necessity of a pneumaticcompression device must include (1)

The patient’s diagnosis and prognosis;(2) symptoms and objective findings,including measurements whichestablish the severity of the condition;(3) the reason the device is required,including the treatments which havebeen tried and failed; and (4) theclinical response to an initial treatmentwith the device. The clinical responseincludes the change in pre-treatmentmeasurements, ability to tolerate thetreatment session and parameters, andability of the patient (or caregiver) toapply the device for continued use inthe home.

In general, the nonsegmented (HCPCScode E0650) or segmented (HCPCS codeE0651) compression device withoutmanual control of pressure in eachchamber is considered the least costlyalternative that meets the clinical needsof the individual.

Therefore, when a claim for asegmented pneumatic compressiondevice which allows for manual controlin each chamber is received, paymentmust be made for the least expensivemedically appropriate device. If thepatient medically needs a segmenteddevice but does not need manualcontrols, payment must be made for

HCPCS code E0651. The segmenteddevice with manual control (HCPCScode E0652) is covered only when thereare unique characteristics that preventthe individual from receivingsatisfactory pneumatic treatment usinga less costly device, e.g., significantsensitive skin scars or the presence ofcontracture or pain caused by a clinicalcondition that requires the more costlymanual control device.

The use of pneumatic compressiondevices may be medically appropriateonly for those patients with generalized,refractory edema from venousinsufficiency with lymphatic obstruction(i.e., recurrent cellulitis with secondaryscarring of the lymphatic system) withsignificant ulceration of the lowerextremity(ies) who have receivedrepeated, standard treatment from aphysician using such methods as acompression bandage system or itsequivalent, but fail to heal after 6months of continuous treatment. Theexact nature of the medical problemmust be clear from the medical evidencesubmitted. If, after obtaining thisinformation, a question of medicalnecessity remains, the contractor’smedical staff resolves the issue.

ADDENDUM V.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER

Publicationdate

FR Vol. 60page CFR part File code Regulation title End of com-

ment period Effective date

04/06/95 ... 17538–17547 ........................ BPO–130–N.

Medicare and Medicaid Programs; QuarterlyListing of Program Issuances and CoverageDecisions—Fourth Quarter 1994.

........................ 04/06/95

04/10/95 ... 18136–18137 ........................ MB–084–N Medicaid Program; Rescission of the Guidelinesfor Documenting Medicaid Recipient Accessto Immunizations Under the Vaccines for Chil-dren (VFC) Program.

........................ ........................

04/20/95 ... 19753 ........................ OFHR–001–N.

New Address and Telephone Numbers of theOffice of Acquisition and Grants, Office of Fi-nancial and Human Resources.

........................ 05/22/95

04/21/95 ... 19856–19862 440, 441 MB–041–F Medicaid Program; Required Coverage OfNurse Practitioner Services.

........................ 05/22/95

04/24/95 ... 20035–20051 493 HSQ–216–FC.

CLIA Program; Categorization of Tests and Per-sonnel Modifications.

06/23/95 04/24/95

05/01/95 ... 21048 421 BPO–083–F.

Medicare Program; Revisions to Criteria andStandards for Evaluating Intermediaries andCarriers (Correction).

........................ 05/01/95

05/03/95 ... 21824–21825 ........................ HSQ–227–N.

Medicaid Program; Peer Review OrganizationContracts: Solicitation of Statements of Inter-est From In-State Organizations-Alaska, Dela-ware, the District of Columbia, Idaho, Ken-tucky, Maine, Nebraska, Nevada, South Caro-lina, Vermont, and Wyoming.

........................ 05/03/95

05/08/95 ... 22533–22535 406 BPD–738–F.

Medicare Program; Clarification of Resumptionof Entitlement Rules for Medicare PatientsWith End-Stage Renal Disease (ESRD).

........................ 06/07/95

05/25/95 ... 27736 ........................ OPL–005–N.

Medicare Program; June 12, 1995 Meeting ofthe Practicing Physicians Advisory Council.

........................ 05/25/95

06/02/95 ... 29202–29434 412, 485, 413,489, 424

BPD–825–P.

Medicare Program; Changes to the Hospital In-patient Prospective Payment Systems andFiscal Year 1996 Rates.

08/01/95 ........................

06/12/95 ... 30877–30891 ........................ BPD–832–N.

Medicaid Program; HHS’ Approval of NAICStatements Relating to Duplication of Medi-care Benefits.

........................ 08/11/95


ADDENDUM V.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER—Continued

Publicationdate

FR Vol. 60page CFR part File code Regulation title End of com-

ment period Effective date

06/13/95 ... 31158–31161 ........................ ORD–075–N.

New and Pending Demonstration Project Pro-posals Submitted Pursuant to Section 1115(a)of the Social Security Act: February andMarch 1995.

........................ 06/13/95

06/27/95 ... 31126–31137 ........................ BPD–366–F.

Medicare Program; Clarification of Medicare’sAccrual Basis of Accounting Policy.

........................ 07/27/95

06/27/95 ... 33123–33126 413 BPD–689–F.

Medicare Program; Uniform Electronic Cost Re-porting System for Hospitals.

........................ 07/27/95

06/27/95 ... 33262–33298 417, 483, 430,484, 431, 489,

434

BPD–718–F.

Medicare and Medicaid Programs; Advance Di-rectives.

........................ 07/27/95

06/27/95 ... 33137–33143 ........................ BPD–794–F.

Medicare Program; Date for Filling MedicareCost Reports.

........................ 06/27/95

06/27/95 ... 33221–33224 ........................ ORD–076–N.

New and Pending Demonstration Project Pro-posals Submitted Pursuant to Section 1115(a)of the Social Security Act: April 1995.

........................ 06/27/95

* GN—General Notice; PN—Proposed Notice; FN—Final Notice; P—Notice of Proposed Rulemaking (NPRM); F—Final Rule; FC—Final Rulewith Comment Period; CN—Correction Notice; SN—Suspension Notice; WN—Withdrawal Notice; NR—Notice of HCFA Ruling.



Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.ACTION: Notice.

SUMMARY: Notice is hereby given thatthe Office of Research Integrity (ORI)has made final findings of scientificmisconduct in the following case:

Weishu Y. Weiser, Ph.D., HarvardMedical School: On October 19, 1995,ORI found that Weishu Y. Weiser, Ph.D.,formerly of the Harvard Medical Schoolat Brigham and Women’s Hospital,committed scientific misconduct byfalsifying data in biomedical researchsupported by two Public Health Service(PHS) grants.

Dr. Weiser has entered into aVoluntary Exclusion Agreement withORI in which she has accepted ORI’sfinding and has agreed to excludeherself voluntarily, for the three (3) yearperiod beginning October 19, 1995,from:

(1) Participating in any Federalcontracts or subcontracts and fromeligibility for or involvement in Federalnonprocurement transactions (e.g.,grants and cooperative agreements), ascovered in 45 C.F.R. Part 76 and 48C.F.R. Subparts 9.4 and 309.4(Debarment Regulations); and

(2) Serving in any advisory capacity toPHS, including but not limited toservice on any PHS advisory committee,board, and/or peer review committee, oras a consultant.

She has agreed to submit a letter tothe Journal of Immunology and to the

Proceedings of the National Academy ofSciences to retract the articles entitled‘‘Human recombinant migrationinhibitory factor activates humanmacrophages to kill Leishmaniadonovani’’ (Journal of Immunology147:2006–2011, 1991), ‘‘Recombinantmigration inhibitory factor inducesnitric oxide synthase in murinemacrophages’’ (Journal of Immunology150:1908–1912, 1993), and‘‘Recombinant human migrationinhibitory factor has adjuvant activity’’(Proceedings of the National Academyof Sciences 89:8049–8052, 1992).FOR FURTHER INFORMATION CONTACT:Director, Division of ResearchInvestigations, Office of ResearchIntegrity, 5515 Security Lane, Suite 700,Rockville, MD 20852.

Lyle W. Bivens,

Director, Office of Research Integrity.

[FR Doc. 95–28150 Filed 11–14–95; 8:45 am]


Office of Inspector General

Program Exclusions: October 1995

AGENCY: Office of Inspector General,HHS.ACTION: Notice of program exclusions.

During the month of October 1995,the HHS Office of Inspector Generalimposed exclusions in the cases setforth below. When an exclusion isimposed, no program payment is madeto anyone for any items or services(other than an emergency item orservice not provided in a hospitalemergency room) furnished, ordered orprescribed by an excluded party under

the Medicare, Medicaid, Maternal andChild Health Services Block Grant andBlock Grants to States for SocialServices programs. In addition, noprogram payment is made to anybusiness or facility, e.g., a hospital, thatsubmits bills for payment for items orservices provided by an excluded party.Program beneficiaries remain free todecide for themselves whether they willcontinue to use the services of anexcluded party even though no programpayments will be made for items andservices provided by that excludedparty. The exclusions have nationaleffect and also apply to all ExecutiveBranch procurement and non-procurement programs and activities.

Subject City, State EffectiveDate

PROGRAM-RELATED CONVICTIONS

CONNOLLY, JOHN L,CARLTON, MN ..................... 11/14/95

COOPER, JEAN, LONGMONT,CO ......................................... 11/16/95

DERENZO, ADRIANNE, BER-WYN, PA ............................... 11/16/95

DONOVAN, JAMES, BALTI-MORE, MD ............................ 11/16/95

EARLEY, TERESITA E, NEWYORK, NY ............................. 11/16/95

ELITE AMBULANCE SERV-ICE, SUNBURY, PA ............. 11/16/95

FARO, ANTHONY J, AN-CHORAGE, AK ..................... 11/16/95

GONCHOROFF, MICHAEL C,WIXOM, MI ........................... 11/14/95

ISLAM, KAZI, BROOKLYN, NY 11/16/95KAHN, WALAYAT A, YPSI-

LANTI, MI .............................. 11/14/95KARMO, ROOSEVELT Q,

BALTIMORE, MD .................. 11/16/95KNIGHT, MARY ROSEANN,

HOT SPRINGS, AR .............. 11/16/95



KWAN, TONY LEONG,TEMPE, AZ ........................... 11/16/95

LEE, SAMUEL, JR,WILLINGBORO, NJ .............. 11/16/95

MADDEN, DOLORES M,KIMBALL, MN ....................... 11/14/95

MARSHALL, MARK, LORAIN,OH ......................................... 11/14/95

McKIM, VICKI L, MUNCIE, IN .. 11/14/95PURI, RAJESH, RALEIGH, NC 11/16/95RUNYAN, MARILYN

MICHELLE, DENVER, CO ... 11/16/95SNYDER, DONALD ELWOOD,

SCOTTSDALE, AZ ............... 11/16/95VOGELSONG’S PHARMACY,

INC, LUCASVILLE, OH ........ 11/14/95WALLER, CHARLES M, PARK-

VILLE, MO ............................ 11/14/95WEISEL DRUG, INC, MON-

ROE, MI ................................ 11/14/95WEISS, HOWARD S, VIR-

GINIA BEACH, VA ................ 11/16/95WERNER, JOHN R,

WAUWATOSA, WI ................ 11/14/95WHITLOCK, COLEMAN M, JR,

KOKOMO, IN ........................ 11/14/95WILKS, DEBORAH Y, BALTI-

MORE, MD ............................ 11/16/95WILLIAMS, GEORGE D, AU-

RORA, CO ............................ 11/16/95WISE, RALPH J, MIDDLE-

TOWN, NY ............................ 11/16/95ZIMMERMAN, LINDA SUE,

DEWITT, MI .......................... 11/14/95

PATIENT ABUSE/NEGLECT CONVICTIONS

BARHAM, WILLIAM B, ALEX-ANDRIA, VA .......................... 11/16/95

COUCH, JOYCE, MEMPHIS,TN ......................................... 11/16/95

DEAN, SHANE M, GILBERT-VILLE, IA ............................... 11/14/95

DEOLIVEIRA, MICHELINE,SALT LAKE CITY, UT .......... 11/16/95

EDWARDS, KIRK, COLUM-BUS, OH ............................... 11/14/95

FORGE, CESCELY,STEPHENVILLE, TX ............. 11/16/95

GARRETT, FRANCINE M, DE-TROIT, MI ............................. 11/14/95

GATERS, ANGELA M, MEM-PHIS, TN ............................... 11/16/95

GOEL, VIJENDER, CIN-CINNATI, OH ........................ 11/14/95

GRIFFIN, ALFRED L, KEN-DALL, WI ............................... 11/14/95

HARRIS, MICHAEL C, DEN-VER, CO ............................... 11/16/95

HEINZ, JOHN NICOLAS,BLOOMINGTON, MN ........... 11/14/95

HENRY, SHIRLEY, COLUM-BUS, OH ............................... 11/14/95

JOHNSON, ADONNA ELAINE,TEXAS CITY, TX .................. 11/16/95

LAMOTHE, RICHARD M,BERKELEY, CA .................... 11/16/95

PETERSON, CAROL,HARRIETTA, MI .................... 11/14/95

SANCHEZ, VIRGINIA, SAGI-NAW, MI ................................ 11/14/95


SMITH, RITA J,FRAZEYBURG, OH .............. 11/14/95

SWAILES, JACQUELINE G,GRAND BLANC, MI .............. 11/14/95

THOMPSON, BETTY A,BATON ROUGE, LA ............. 11/16/95

TRAYLOR, STANLEY V,MARRERO, LA ..................... 11/16/95

TYSON, SHARON, MEMPHIS,TN ......................................... 11/16/95

WALKER, JAMES R, ANOKA,MN ......................................... 11/14/95

CONVICTION FOR HEALTH CARE FRAUD

DURNING, NANELLE L, AU-RORA, CO ............................ 11/16/95

HUGHES, KARRIE L, MED-FORD, OR ............................ 11/16/95

MONTEZ, VALERIE ANN,PUEBLO, CO ........................ 11/16/95

CONTROLLED SUBSTANCE CONVICTIONS

IGWE, GRANT N, CLINTONTOWNSHIP, MI ..................... 11/14/95

RAYMUNDO, EMMANUEL L,WARREN, OH ....................... 11/14/95

ROTMAN, PHILLIP A,SPRINGBORO, OH .............. 11/14/95

SAUNDERS, JOSEPHINE P,PHILADELPHIA, PA ............. 11/16/95

WEN, HESIN, LOS ANGELES,CA ......................................... 11/16/95

WEST, MITCHELL F, BETHELPARK, PA ............................. 11/16/95

LICENSE REVOCATION/SUSPENSION/SURRENDER

ALFARO, SALLY, TUCSON,AZ .......................................... 11/16/95

BOYNTON, MARILYN, PORT-LAND, ME ............................. 11/16/95

BRIGGS, ELSA, STAMFORD,CT ......................................... 11/16/95

CECKA, LANCE J, GREER,SC ......................................... 11/16/95

CONTRACTOR,MOHAMEDIKBAL, JAMAICA,NY ......................................... 11/16/95

FISGUS, C WAYNE,SPARTANBURG, SC ............ 11/16/95

HOGG, ROSE YANKEVICH,HERITAGE, PA ..................... 11/16/95

INNISS, JEFFREY R, ALEX-ANDRIA, VA .......................... 11/16/95

JUTKOWITZ, JESSE, MIL-FORD, CT ............................. 11/16/95

LOWE, MARGARET A,NAUVOO, IL ......................... 11/14/95

McLEAN, VICKY L,GOOCHLAND, VA ................ 11/16/95

PARK, TAE HONG, HIGH-LAND, IN ............................... 11/14/95

RUGGIERO, ANTHONY, NEWYORK, NY ............................. 11/16/95

SAVIGNE, JOSEPH BORY,BROOKLYN, NY ................... 11/16/95


WILLIAMS, OLIVER K, III, WWORTHINGTON, OH ........... 11/14/95

FEDERAL/STATE EXCLUSION/SUSPENSION

BARRERA, ALFONSO, LEVIT-TOWN, NY ............................ 11/16/95

ORLANDO, JOSEPH A, SACO,ME ......................................... 11/16/95

OWNED/CONTROLLED BY CONVICTED/EXCLUDED

BAKER’S NORTHRIDGEDRUG STORE, DAYTON,OH ......................................... 11/14/95

DEFAULT ON HEAL LOAN

BUAHIN, KWAME G, SOUTH-FIELD, MI .............................. 11/14/95

CHAVIS, DION D, INDIANAP-OLIS, IN ................................ 11/14/95

COONEY, CAREY E, EU-GENE, OR ............................ 11/16/95

EVANS, GARY W, STOCK-TON, CA ............................... 11/16/95

GOVER-MENDEZ, BRYANKARL, GAITHERSBURG,MD ......................................... 11/16/95

HAVILAND, PHILIP F, ENGLE-WOOD, CO ........................... 11/16/95

HENDRICKSON, RAYMONDT, CLEARLAKE, MN ............. 11/14/95

HENKEN, EDMOND H, SANCLEMENTE, CA ................... 11/16/95

HILEMAN, KENT A, HOLLIS-TER, CA ................................ 11/16/95

JACOBS, DELORES A, SANDIEGO, CA ........................... 11/16/95

JONES-BOOKER, WINIFREDM, BALTIMORE, MD ............ 11/16/95

LAWLER, MATTHEW P,AMES, IA .............................. 11/14/95

MAJAUSKAS, RIKANTAS P,KALAHEO, HI ....................... 11/16/95

MANGUM, DONALD LANCE,SPRINGVILLE, UT ................ 09/27/95

MATTSON, KENNETH D,CAREY, OH .......................... 11/14/95

MILLER, DAVID EDWARD,CLYDE, CA ........................... 11/16/95

PATTERSON, JOSEPH M,MEMPHIS, TN ...................... 11/16/95

PEREZ, HECTOR LUIS,BRONX, NY .......................... 11/16/95

REED, NELSON E, FORTWAYNE, IN ........................... 11/14/95

TAYLOR, TAMRA RAE, SANCLEMENTE, CA ................... 11/16/95

WEIR-WEVER, DIANNA J,LAS VEGAS, NV ................... 11/16/95

WEST, CLIFTON B, CHI-CAGO, IL .............................. 11/14/95

WHITE, JUDITH U, COSTAMESA, CA ............................. 11/16/95



SECTION 1128Aa

AGUIRRE, MANUEL J,NORTH MIAMI, FL ............... 10/30/95

KHURANA, NARENDRA, NEWROCHELLE, NY .................... 10/12/95

Dated: November 3, 1995William M. Libercci,Director, Health Care AdministrativeSanctions, Office of Civil Fraud andAdministrative Adjudication.[FR Doc. 95–28159 Filed 11–14–95; 8:45 am]BILLING CODE 4150–04–P

National Institutes of Health

National Institute of Dental Research;Notice of Meeting of NIDR Board ofScientific Counselors

Pursuant to Pub. L. 92–463, notice ishereby given of a meeting of the Boardof Scientific Counselors, NationalInstitute of Dental Research (NIDR), onDecember 6–8, 1995, in Building 30,Trendley Dean Conference Room,National Institutes of Health, Bethesda,Maryland. The meeting will be open tothe public from 9:00 a.m. to 5:00 p.m.on December 7 for the Laboratory ofOral Medicine presentations and from8:45 a.m. to 9:00 a.m. on December 8 fora tour of the facilities. Attendance bythe public will be limited to spaceavailable.

In accordance with the provisions setforth in sec. 552b(c)(6), Title 5, U.S.C.and sec. 10(d) of Pub. L. 92–463, themeeting will be closed to the publicfrom 6:00 p.m. until recess on December6 and from 5:00 p.m. until recess onDecember 7 and from 9:00 a.m. untiladjournment on December 8 for thereview, discussion, and evaluation ofindividual programs and projectsconducted by the NIDR, includingconsideration of personnelqualifications and performance, thecompetence of individual investigators,and similar items, the disclosure ofwhich would constitute a clearlyunwarranted invasion of personalprivacy.

Mr. Brent Jaquet, Director, Office ofPlanning, Evaluation, andCommunications NIDR, NIH, Building31, Room 2C34, Bethesda, Maryland20892 (telephone: (301) 496–6705) (e-mail: [email protected]) willprovide a summary of the meeting,roster of committee members andsubstantive program information.Individuals who plan to attend andneed special assistance, such as signlanguage interpretation or other

reasonable accommodations, shouldcontact the Executive Secretary listedabove in advance of the meeting.

Dated: November 8, 1995.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 95–28207 Filed 11–14–95; 8:45 am]BILLING CODE 4140–01–M

National Institute on Deafness andOther Communication Disorders;Notice of Closed Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the followingmeeting:

Name of Committee: National Institute onDeafness and Other CommunicationDisorders Special Emphasis Panel.

Date: November 28, 1995.Time: 9 am to 4 pm.Place: 6120 Executive Boulevard, Room

400C, Rockville, MD 20852.Contact Person: Mary Nekola, Ph.D.,

Scientific Review Administrator, NIH,NIDCD, EPS Room 400C, 6120 ExecutiveBoulevard, MSC 7180, Bethesda, MD 20892–7180, 301/496–8683.

Purpose/Agenda: To review and evaluateExploratory/Developmental applications(R21).

The meeting, which will be conducted asa telephone conference call, will be closed inaccordance with the provisions set forth insecs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C.Applications and/or proposals and thediscussions could reveal confidential tradesecrets or commercial property such aspatentable material and personal informationconcerning individuals associated with theapplications and/or proposals, the disclosureof which would constitute a clearlyunwarranted invasion of personal privacy.(Catalog of Federal Domestic AssistanceProgram No. 93.173 Biological ResearchRelated to Deafness and CommunicationDisorders)


Division of Research Grants; Notice ofClosed Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the following Divisionof Research Grants Special EmphasisPanel (SEP) meeting:

Purpose/Agenda: To review individualgrant applications.

Name of SEP: Clinical Sciences.Date: November 14, 1995.Time: 12:30 p.m.

Place: NIH, Rockledge 2, Room 4214,Telephone Conference.

Contact Person: Dr. Dan McDonald,Scientific Review Administrator, 6701Rockledge Drive, Room 4214, Bethesda,Maryland 20892, (301) 435–1215.

This notice is being published lessthan 15 days prior to the meeting dueto the urgent need to meet timinglimitations imposed by the grant reviewcycle.

The meeting will be closed inaccordance with the provisions set forthin secs. 552b(c)(4) and 552b(c)(6), Title5, U.S.C. Applications and/or proposalsand the discussions could revealconfidential trade secrets or commercialproperty such as patentable materialand personal information concerningindividuals associated with theapplications and/or proposals, thedisclosure of which would constitute aclearly unwarranted invasion ofpersonal privacy.(Catalog of Federal Domestic AssistancePrograms Nos. 93.306, 93.333, 93.337,93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93,893, National Institutes ofHealth, HHS)

Dated: November 9, 1995.Margery G. Grubb,Senior Committee Management Specialist,NIH.[FR Doc. 95–28283 Filed 11–13–95; 9:31 am]BILLING CODE 4140–1–M

Office of Science Education; Notice ofMeeting

Notice is hereby given that the Officeof Science Education (OSE), Office ofthe Director, National Institutes ofHealth (NIH), will hold a public meetingon November 20, 1995, from 8:30 a.m.to 4:30 p.m., at the Hyatt RegencyBethesda Hotel, One Bethesda MetroCenter, Bethesda, MD 20814.

The purpose of this meeting is to givemembers of the public who areinterested in the development of theNIH Undergraduate ScholarshipProgram for Individuals fromDisadvantaged Backgrounds (UGSP) anopportunity to express their views onhow that program should beimplemented. The UGSP is authorizedunder Public Law 103–43, U.S. PublicHealth Service Act § 487D. The UGSPwill offer full-time undergraduatestudents enrolled or accepted forenrollment at accredited institutions ofhigher education, who are fromdisadvantaged backgrounds,scholarships of up to $20,000 per year,to pursue academic programsappropriate for careers in professionsneeded by the NIH. For each year ofscholarship support, the recipient must


serve at least 10 consecutive weeks ofservice as an employee at the NIH, and,within 60 days after obtaining theeducational degree involved, theindividual must begin serving full-timeas an employee of the NIH. The servicecommitment will be one year of servicefor each academic year of support asoutlined at U.S. Public Health ServiceAct § 487D(c).

Consultants to the OSE will bepresent to discuss the development ofthe UGSP. The information collectedfrom these consultants, as well as anyinformation collected from the public,will be used to assist the OSE to identifyissues and strategies in the developmentof the UGSP.

This meeting is open to the public.However, attendance will be limited byseat availability. Information to beoffered at the public meeting should beconfined to comments relating to therecruitment and retention ofdisadvantaged students for the UGSPand the indicators of success for careersin biomedical research. If an individualis representing an organization, onlyone representative may present oralcomments. Each speaker will bepermitted 3–5 minutes for his/herpresentation.

Oral presenters and interestedindividuals wishing to provide onlywritten statements must send a copy ofsuch oral comments to the attention ofMs. Muriel Levin, EEI, 66 Canal CenterPlaza, Suite 200, Alexandria, VA 22314–1538, 703–683–4915 (FAX),[email protected] (e-mail).Correspondence must be received byEEI no later than 5:00 p.m. (EST) onThursday, November 16, 1995. Theorder of presentations during themeeting will be determined by the dateand time letters of intent are received byEEI.

Individuals who plan to attend themeeting and need special assistance,such as sign language interpretation or

other special accommodations, shouldcontact Ms. Kristin Kiser, NIH/OS/OSE,7550 Wisconsin Avenue, Room 102,Bethesda, MD 20892–9015, 301–402–6424 (not a toll-free number), 301–480–5481 (FAX), [email protected] (e-mail) inadvance of 5:00 p.m., November 16,1995.

For additional information, contactMarc S. Horowitz, J.D., Director, NIHUndergraduate Scholarship Program,Office of Science Education, 7550Wisconsin Avenue, Room 102,Bethesda, MD 20892–9015, 301–402–5666 (not a toll-free number), 301–480–5481 (FAX), [email protected] (e-mail).

Dated: November 8, 1995.Ruth L. Kirschstein,Deputy Director, NIH.[FR Doc. 95–28287 Filed 11–14–95; 8:45 am]BILLING CODE 4140–01–M

Public Health Service

National Toxicology Program (NTP)Board of Scientific Counselors’Meeting; Review of Draft NTPTechnical Reports

Pursuant to Public Law 92–463,notice is hereby given of the nextmeeting of the NTP Board of ScientificCounselors— Technical Reports ReviewSubcommittee on December 5, 1995, inthe Conference Center, Building 101,South Campus, National Institute ofEnvironmental Health Sciences(NIEHS), 111 Alexander Drive, ResearchTriangle Park, North Carolina. Themeeting will begin at 8:30 a.m. and isopen to the public. The agenda topic isthe peer review of draft TechnicalReports of long-term toxicology andcarcinogenesis studies from the NationalToxicology Program.

Tentatively scheduled to be peerreviewed on December 5 are draftTechnical Reports of six two-yearstudies, listed alphabetically, along with

supporting information in the attachedtable. All studies were done usingFischer 344 rats and B6C3F1 mice. Theorder of review is given in the far rightcolumn of the table. Copies of the draftReports may be obtained, as available,from: Central Data Management, MDA0–01, P.O. Box 12233, ResearchTriangle Park, NC 27709 (919/541–3419).

Persons wanting to make a formalpresentation regarding a particularTechnical Report must notify theExecutive Secretary by telephone, byFAX, or by mail no later than November30, 1995, and provide a written copy inadvance of the meeting so copies can bemade and distributed to allSubcommittee members and staff andmade available at the meeting forattendees. Written statements shouldsupplement and may expand on the oralpresentation. Oral presentations shouldbe limited to no more than five minutes.

The program would welcomereceiving toxicology and carcinogenesisinformation from completed, ongoing,or planned studies by others, as well ascurrent production data, humanexposure information, and use patternsfor any of the chemicals listed in thisannouncement. Please contact CentralData Management at the address givenabove, and they will relay theinformation to the appropriate staffscientist.

The Executive Secretary, Dr. Larry G.Hart, P.O. Box 12233, Research TrianglePark, North Carolina 27709 (telephone919/541–3971; FAX 919/541–0719) willfurnish agenda and a roster ofSubcommittee members prior to themeeting. Summary minutes subsequentto the meeting will be available uponrequest to Central Data Management.

Dated: November 3, 1995.Kenneth Olden,Director, National Toxicology Program.

SUMMARY DATA FOR TECHNICAL REPORTS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE BOARD OFSCIENTIFIC COUNSELORS’ TECHNICAL REPORTS REVIEW SUBCOMMITTEE

[December 5, 1995]

Chemical CAS No. TechnicalReport No. Primary Uses Route/Exposure Levels Review

Order

D & C Yellow No. 11,8003–22–3.

TR–463 Color additive used in cosmetic and exter-nally applied to drugs. Contaminant of D&CYellow 10, a compound which FDA is cur-rently considering for approval for contactlenses.

Dosed-Feed (NIH–07): Rats: 0, 0.05, 0.17,OR 0.5%; 60/GROUP.

4

Molybdenum Trioxide,1313–27–5.

TR–462 In manufacture of molybdenum metals; corro-sion inhibitor; catalyst; chemical analysisreagent; alloying agent in steel; agriculturalchemical; component of ceramics, enamel& pigments.

Inhalation (AIR): Rats & Mice: 10, 30, OR100 MG/M3; 50/SEX/SPECIES/GROUP.

6


SUMMARY DATA FOR TECHNICAL REPORTS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE BOARD OFSCIENTIFIC COUNSELORS’ TECHNICAL REPORTS REVIEW SUBCOMMITTEE—Continued

[December 5, 1995]

Chemical CAS No. TechnicalReport No. Primary Uses Route/Exposure Levels Review

Order

Nitromethane, 75–52–5.

TR–461 Fuel additive and propellant. Cellulosiccompound solvent. Intermediate for nitroand amino alcohols.

Inhalation (AIR): Rats: 0, 94, 188, OR 375PPM; 50/GROUP. Mice: 0,188, 375, OR750 PPM; 50/GROUP.

5

Phenolphthalein, 77–09–8.

TR–465 Laboratory reagent. Dyes. Cathartic drug inlaxatives.

Dosed-Feed (NIH–07): Rats: 0, 1.2, 2.5, OR5%; Mice 0, 0.3, 0.6, OR 1.2% (50/SEX/SPECIES/GROUP).

2

Sodium XyleneSulfonate, 1300–72–7.

TR–464 Hydrotrope in liquid detergents, shampoos,degreasing compounds. Used in textile,paper, and leather industries.

Topical (ETHANOL): Rats: 0, 60, 120, OR240 MG/KG Mice: 0, 182, 364, OR 727MG/KG (50/SEX/GROUP.

3

Tetrafluoroethylene,116–14–3.

TR–450 Monomer for polytetrafluoroethylene poly-mers. Preparation of propellants for foodproduct aerosols. Chemical intermediate.

Inhalation (AIR): Mice & Female Rats: 0, 312,625, OR 1250; Male Rats: 0, 156, 312, OR625 PPM; 50/GROUP.

1

[FR Doc. 95–28209 Filed 11–14–95; 8:45 am]BILLING CODE 4140–01–P–M

Program Support Center; Statement ofOrganization, Functions andDelegations of Authority

Part P, (Program Support Center) ofthe Statement of Organization,Functions and Delegations of Authorityfor the Department of Health andHuman Services (60 FR 51480, October2, 1995) is amended to reflectestablishment of Chapters PB, PC, PD,and PE within Part P, Program SupportCenter, Department of Health andHuman Services (DHHS) as follows:

(1) Human Resources Service (PB).(2) Financial Management Service

(PC).(3) Administrative Operations Service

(PD).(4) Information Technology Service

(PE).These Chapters are established to

provide the major organizationalcomponents within the ProgramSupport Center to carry out the widerange of administrative support servicesto components of DHHS and otherFederal Departments.

Program Support CenterUnder Part P, Section P–10

Organization, add the following at theend of the statement:

The Program Support Center shallconsist of the following majorcomponents:

1. Office of the Director (PA).2. Human Resources Service (PB).3. Financial Management Service

(PC).4. Administrative Operations Service

(PD).5. Information Technology Service

(PE).Under Section P–20, Functions, after

the title and statement for Chapter PA,

Office of the Director, add the followingtitles and statements:

Human Resources Service (PB)The Service: (1) Operates a servicing

personnel office for a variety ofcustomers; (2) provides human resourceoperating systems and managementinformation to DHHS program managersand personnel offices; (3) operates andmaintains a departmentwide centralizedpayroll system; (4) administers theCommissioned Corps personnelmanagement system; (5) providescentralized common needs training; (6)provides technical assistance, guidance,and representation on labor relationsand employee relations issues; and (7)provides Executive Secretariat servicesfor the Board for Corrections of PHSCommissioned Corps PersonnelRecords.

Financial Management Service (PC)The Service: (1) provides full

accounting and fiscal services for avariety of DHHS customers; (2) providesa full range of debt managementservices; (3) operates a paymentmanagement system which provides forcash management, and grant andcontract payments for DHHS and otherDepartments; and (4) reviews, negotiatesand approves indirect cost rates,research patient care rates, fringe benefitrates, and other special rates fororganizations receiving federallysponsored awards and approves stateand local government cost allocationplans.

Administrative Operations Service (PD)The Service provides to DHHS

components and other Departmentsnationwide administrative and technicalservices which include: (1) Buildingoperations, surplus real property,leasing, security, property management,warehousing, logistics, and space

management services; (2) printing,duplicating, and typesetting; (3)operation of reference libraries; (4) maildistribution and handling; (5) claimsservices for PHS componentsnationwide under specific statutoryauthorities; (6) acquisition services; (7)pharmaceutical, medical, and dentalsupplies to Federal agencies and otherrelated non-Federal customers; (8)technical graphics and photographyservices; and (9) a wide range oftelecommunications services.

Information Technology Service (PE)The Service: (1) Operates and

manages the central computer facility inthe Parklawn complex performing fee-for-service Information Technology (IT)and data telecommunications functionsfor DHHS and other FederalDepartments; (2) provides technicalsupport for scientific and administrativeinformation systems; (3) providesinformation technology services to thePSC, DHHS, and to other FederalDepartments; (4) reviews and makesrecommendations on hardware,software, and service procurements byservicing agencies to assurecompatibility; (5) designs, develops, andoperates the Departmental InformationManagement Exchange System (DIMES),the Departmental nationwide datacommunications network; and (6) servesas the DHHS Executive Agent forDepartmentwide connectivity.

After Section P–20, Functions, addthe following Section P–30, Delegationsof Authority:

Section P–30, Delegations of Authority.All delegations and redelegations of

authority to officers and employees ofthe Departmental components whichwere transferred to the Program SupportCenter, and which were in effectimmediately prior to this reorganizationwill be continued in effect in them or


their successors, pending furtherdelegation, provided they are consistentwith this reorganization.

This reorganization is effective upondate of signature.

Dated: November 1, 1995.John C. West,Acting Director, Program Support Center.[FR Doc. 95–28181 Filed 11–14–95; 8:45 am]BILLING CODE 4160–17–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–015–1430–01: GP–6–0017]

Realty Action; Oregon

AGENCY: Bureau of Land Management,Lakeview District.ACTION: Direct and Competitive Sale ofPublic Land in Lake County OR 36285,

OR 49389, OR 51851, OR 51852, OR51853.

The following parcels of public landare suitable for direct and competitivesale under Section 203 of the FederalLand Policy and Management Act of1976, 43 U.S.C. 1713, at no less than theappraised fair market value. The landwill not be offered for sale for at least60 days following the publication of thisnotice in the Federal Register.

Legal description Acreage Sale price Deposit

Parcel No. 1, OR 36285T.25S., R.19E., W.M., Oregon ................................................................................................................. 160 $9,600 $2,880

Section 28: NE1⁄4

Parcel No. 2, OR 49389T.25S., R.14E., W.M., Oregon ................................................................................................................. 960 86,000 8,600

Section 24: S1⁄2;25: All

Parcel No. 3, OR 51851T.26S., R.18E., W.M., Oregon ................................................................................................................. 80 6,900 2,070

Section 4: S1⁄2SE1⁄4

Parcel No. 4, OR 51852T.25S., R.13E., W.M., Oregon ................................................................................................................. 20 1,500 450

Section 28: E1⁄2E1⁄2E1⁄2NE1⁄4

Parcel No. 5, OR 51853T.25S., R.18E., W.M., Oregon ................................................................................................................. 1,600 88,000 8,800

Section 20: S1⁄2;27: W1⁄2;28: All;29: NE1⁄4, N1⁄2NW1⁄4, E1⁄2SE1⁄4.

The above described land parcels arehereby segregated from appropriationunder the public land laws, includingthe mining laws, but not from saleunder the above cited statute for 270days from the date of publication oruntil title transfers are completed or thesegregation is terminated by publicationin the Federal Register, whicheveroccurs first. This land will be offered forsale in accordance with acongressionally directed plan to restoreand maintain the public/privateownership ratio in Lake County. Theland is not suitable for management byanother Federal agency. No significantresource values will be affected by thisdisposal. The sale is consistent withBureau planning for the land involvedand will serve important publicobjectives.

Sale parcel OR 51852 will be offeredunder direct sale procedures to Ray andEdna Wagner of Fort Rock, Oregon.Direct sale procedures are consideredappropriate, in this case, to resolve afence line location dispute and to avoidthe future unauthorized use of theinvolved public land. Sale parcels OR36285, OR 49389, OR 51851 and OR51853 will be offered using competitivesale procedures. Both sale procedures

are authorized under 43 CFR 2711.3–3.The land will be offered for sale atpublic auction beginning at 10:00 amPST, on February 21, 1996, and will beby sealed bid only. All sealed bids mustbe submitted to the BLM, LakeviewDistrict Office at P.O. Box 151, 1000South Ninth Street, Lakeview, Oregon97630, no later than 4:30 pm PST,February 20, 1996. A separate writtenbid must be submitted for each parceldesired and bids must be for not lessthan the appraised sale price indicated.Each written sealed bid must beaccompanied by a certified check, postalmoney order, bank draft or cashier’scheck, made payable to the Departmentof the Interior-BLM for not less than thebid deposit specified in this notice. Allbids shall be enclosed in a sealedenvelope clearly marked, in the lowerleft hand corner,

Bid for Public Land Sale OR (number),Lake County, Oregon, February 21,

1996.The total purchase price for the land

shall be paid within 180 days of the dateof sale or the bid deposit will beforfeited and the parcel(s) will bereoffered to the public with the

exception of sale parcel OR 51852which will not be reoffered.

The terms, conditions andreservations applicable to the sales areas follows:

(1) Patents to all sale parcels willcontain a reservation to the UnitedStates for ditches and canals.

(2) The sale parcels will be subject toall valid existing rights of record at thetime of patent issuance.

(3) The mineral interests being offeredfor conveyance with sale parcels OR49389, OR 51851 and OR 51853 have noknown value. A deposit or bid topurchase these parcel(s) will alsoconstitute an application for conveyanceof the mineral estate with the followingreservations;

(a) The oil and gas and geothermalresources will be reserved to the UnitedStates for sale parcels, OR 49389, OR51851 and OR 51853, except the SW1⁄4of Section 28 of Parcel OR 49389 wherethe minerals are privately owned.

(b) All minerals relative to saleparcels OR 36285 and OR 51852 will bereserved to the United States.

The above mineral reservations arebeing made in accordance with Section209 of the Federal Land Policy andManagement Act of 1976.


All qualified bidder(s) must includewith their bid deposit, for each parcel,a non-refundable $50.00 filing fee forconveyance of the mineral estate.

Federal law requires that all biddersmust be U.S. citizens, 18 years of age orolder, a state or state instrumentalityauthorized to hold property, or acorporation authorized to own realestate in the state in which the land islocated. Under competitive saleprocedures, an apparent high bid will bedeclared at public auction. In the eventof a tie, the tied bidders will be notifiedand given the opportunity to modifytheir original bids. The apparent highbidder will then be notified.

If the land identified in this notice,except parcel OR 51852, are not sold onthe date of first sale offering, the unsoldparcels will be available on an over-the-counter competitive sale basis. All over-the-counter sale parcels will be soldsubject to the above terms andconditions and at no less than theindicated sale price. Sealed bids will beaccepted on the unsold parcels at theLakeview District Office during regularbusiness hours (7:45 a.m. to 4:30 p.m.PST Monday through Friday) at theaddress shown below. All sealed bidsreceived will be opened the firstWednesday of each subsequent monthuntil the land is either sold orwithdrawn from sale. Prospectivebuyers should inquire about unsoldparcels after February 21, 1996.

Detailed information concerning thesale, including the reservations, saleprocedures, terms and conditions,planning and environmentaldocumentation, is available at theLakeview District Office, P.O. Box 151,1000 South Ninth Street, Lakeview,Oregon 97630.

For a period of 45 days from the dateof publication of this notice in theFederal Register, interested parties maysubmit comments to the LakeviewResource Manager, Bureau of LandManagement, at the above address.Objections will be reviewed by theDistrict Manager who may sustain,vacate or modify this realty action. Inthe absence of any objections, this realtyaction will become the finaldetermination of the Department of theInterior.

Dated: November 2, 1995.Scott R. Florence,Lakeview Resource Area Manager.[FR Doc. 95–28113 Filed 11–14–95; 8:45 am]BILLING CODE 4310–33–P

Minerals Management Service

Proposed Agency InformationCollection Activities; CommentRequest

AGENCY: Minerals Management Service,Interior.ACTION: Announcement of informationcollection; request for comments.

SUMMARY: As part of its continuing effortto reduce paperwork and respondentburden, the Minerals ManagementService (MMS) invites the generalpublic and other Federal agencies tocomment on a proposed collection ofinformation on Social and EconomicAdaptations by Fish Harvesters in theSanta Barbara Channel-Santa MariaBasin Area, California. MMS willsubmit the collection of information tothe Office of Management and Budget(OMB) for approval.DATES: Submit written comments byJanuary 16, 1996.ADDRESSES: Direct all written commentsto the Department of the Interior;Minerals Management Service; MailStop 4700; 381 Elden Street; Herndon,Virginia 22070–4817; Attention: Chief,Engineering and Standards Branch.FOR FURTHER INFORMATION CONTACT:Dr. Fred Piltz, Chief, EnvironmentalStudies Section, Pacific OCS Region,Minerals Management Service,telephone (805) 389–7850.SUPPLEMENTARY INFORMATION:

Title: Social and EconomicAdaptations by Fish Harvesters in theSanta Barbara Channel-Santa MariaBasin Area, California.

Abstract: Utah State University,Department of Forest Resources willconduct a study under the MMSEnvironmental Studies Program. Thestudy will provide an analysis of thesocial composition and the social andeconomic adaptations of commercialfish harvesters in the Santa BarbaraChannel-Santa Maria Basin area. Theresearch will be centered upon thecommercial fish harvesters and theirspouses working out of the ports ofMorro Bay, Port San Luis, SantaBarbara, Ventura, and either ChannelIslands or Port Hueneme. The researchwill require interviews with fishharvesters from each port with analysisand comparisons among ports and inthe aggregate. The information collectedunder this study will aid MMS inassessing the actual or potential impactsof Outer Continental Shelf (OCS) gasand oil activities on the socialorganization of fish harvesters, the livesof fishing families, and the economics offish harvesting.

Description of Respondents: Fishharvesters and spouses.

Frequency: One time (1 response perrespondent).

Estimate of Burden: We estimateinterviews with fish harvesters willaverage 53 minutes each; interviewswith the spouses will average 30minutes each.

Estimated Number of Respondents:450 fish harvesters; 284 spouses.

Estimated Total Annual Burden onRespondents: 539.5 hours.

Type of Request: New.OMB Number: N/A.Form Number: N/A.Comments: As required by the

Paperwork Reduction Act of 1995 (44U.S.C. 3506(c)(2)(A)), MMS specificallysolicits responses to the followingquestions: (1) Is the proposed collectionof information necessary for the properperformance of the functions of MMSand will it be useful? (2) Are theestimates of the burden of the proposedcollection accurate and the methods andassumptions used valid? (3) Do youhave any suggestions that wouldenhance the quality, clarity, orusefulness of the information to becollected? (4) Is there a way to minimizethe information collection burden onthose who are to respond, includingthrough the use of appropriateautomated electronic, mechanical, orother forms of information technology?MMS will summarize written responsesto this notice for inclusion in the resultfor OMB approval. All comments willalso become a matter of public record.

Bureau Clearance Officer: ArthurQuintana, (703) 787–1239.

Dated: November 7, 1995.William S. Cook,Acting Deputy Associate Director forOperations and Safety Management.[FR Doc. 95–28174 Filed 11–14–95; 8:45 am]BILLING CODE 4310–MR–M

National Park Service

Carlsbad Caverns National Park, DraftGeneral Management Plan/Environmental Impact Statement

AGENCY: National Park Service, Interior.ACTION: Notice of Availability of theDraft General Management Plan/Environmental Impact Statement forCarlsbad Caverns National Park, EddyCounty, New Mexico.

SUMMARY: Pursuant to Section 102(2) ofthe National Environmental Policy Actof 1969 the National Park Serviceannounces the availability of the DraftGeneral Management Plan/Environmental Impact Statement (GMP/


EIS) for Carlsbad Caverns National Park.This notice also announces a publicmeeting for the purpose of receivingpublic comments on the Draft GMP/EIS.

The purpose of the generalmanagement plan is to set forth thebasic management philosophy and toprovide the strategies for addressingissues and achieving managementobjectives over the next 10 to 15 years.This Draft GMP/EIS describes andevaluates three alternatives for themanagement of Carlsbad CavernsNational Park.

Alternative 1Alternative 1 describes the

continuation of existing managementdirection at the park as described incurrent plans (the no-action alternative).The park would provide for visitor useand respond to resource managementissues and concerns as funding allowed,but no major change in managementdirection would be initiated.

Alternative 2Alternative 2 is the proposed action

and National Park Service’s preferredalternative. It would base resourcemanagement and visitor use decisionson expanded scientific research,inventory, and monitoring. Informationwould be gathered about how humanactivities and facilities are affecting parkresources, especially cavern resources.A development concept plan would beundertaken once these studies had beencompleted to determine how to reduceor eliminate threats to subsurfaceresources, with measures possiblyranging from infrastructureimprovements to the removal of certainfacilities. Opportunities for visitors toenjoy and learn about significant parkresources would be increased, specialoff-trail tours would be continued, thefeasibility of opening Ogle Cave to tourswould be studied, and additionalsurface trails would be provided. Thevisitor center would be remodeled to bemore efficient, and a ranger residencewould be provided near SlaughterCanyon.

Alternative 3Alternative 3 proposes the removal of

many surface functions and facilitiesabove the cavern within five years toensure the protection of subsurfaceresources. To replace these functions, anew visitor orientation/transit centerand a park operations center would bedeveloped at the base of the Guadalupeescarpment. Visitors would use a shuttlesystem for access to the existing visitorcenter, which would be modified tofocus on interpretation and essentialservices. Visitor use of the cavern would

be monitored and restricted to minimizefurther damage to cavern resources, andno special off-trail tours would beprovided.

The environmental impact analysisindicates that alternatives 2 and 3would better protect the park’ssignificant resources than wouldalternative 1. Some potential threats tosubsurface resources would remainunder alternative 2, pending thecompletion of studies. Alternative 2would increase visitor opportunitiesand provide more in-depthinterpretation, while alternative 3would limit the range of opportunitiesbut improve interpretation. Alternative2 and 3 would both have beneficiallong-term socioeconomic impacts. Therisk of an accident that could close thecave to public entry, thus affecting thelocal tourism industry, would continueover the long term under alternative 1and over the short term underalternative 2; this risk would be reducedwithin the foreseeable future underalternative 3.DATES: Comments on the Draft GMP/EISshould be received no later than January16, 1996. The date and time for thepublic meeting regarding the draft GMP/EIS can be obtained by contacting thepark at (505) 785–2232, extension 321.ADDRESSES: Comments on the DraftGMP/EIS should be submitted to:Planning Team Leader, CarlsbadCaverns General Management Plan,National Park Service/Denver ServiceCenter, Post Office Box 25287, Denver,Colorado 80225–0287.SUPPLEMENTARY INFORMATION: Publicreview copies of the Draft GMP/EIS willbe available at the following locations:Office of Public Affairs, National ParkService, 1849 C Street, NW,Washington, D.C.; Department ofInterior Natural Resource Library, 1849C Street, NW, Washington, D.C.;National Park Service, SouthwestSystems Support Office, 1100 Old SantaFe Trail, Santa Fe, New Mexico;Carlsbad Caverns National Park, 3225National Parks Highway, Carlsbad, NewMexico; and local public libraries.

Dated: November 6, 1995.Ernest W. Ortega,Acting Superintendent, Southwest SystemSupport Office.[FR Doc. 95–28123 Filed 11–14–95; 8:45 am]BILLING CODE 4310–70–M

National Register of Historic Places;Notification of Pending Nominations

Nominations for the followingproperties being considered for listingin the National Register were received

by the National Park Service beforeNovember 4, 1995. Pursuant to section60.13 of 36 CFR Part 60 writtencomments concerning the significanceof these properties under the NationalRegister criteria for evaluation may beforwarded to the National Register,National Park Service, P.O. Box 37127,Washington, D.C. 20013–7127. Writtencomments should be submitted byNovember 30, 1995.Antoinette J. Lee,Acting Chief of Registration, NationalRegister.

ARKANSAS

Cleveland County

Wesley Chapel, AR 15, Woodlawn, 95001412

Phillips County

New Light Missionary Baptist Church (Ethnicand Racial Minority Settlement of theArkansas Delta MPS), 522 Arkansas St.,Helena, 95001410

Washington County

Walnut Grove Presbyterian Church, AR 170,Farmington vicinity, 95001411

COLORADO

Denver County

Bryant—Webster Elementary School, 3635Quivas St., Denver, 95001421

Pride of the Rockies Flour Mill, 2100 20thSt., Denver, 95001420

FLORIDA

Brevard County

La Grange Church and Cemetery, 1575 OldDixie Hwy., Titusville, 95001413

IDAHO

Bonner County

Priest River High School, 1020 W. AlbeniHwy., Priest River, 95001402

Canyon County

Caldwell Oregon Short Line Railroad Depot,701 S. 7th St., Caldwell, 95001403

MICHIGAN

Ingham County

Goetsch—Winckler House, 2410 Hulett Rd.,Meridian Township, Okemos, 95001423

Saginaw County

Bliss Park, SW of jct. of Houghton St. and N.Michigan Ave., Saginaw, 95001424

NEW HAMPSHIRE

Hillsborough County

Goffstown Public Library, 2 High St.,Goffstown, 95001426

NEW YORK

St. Lawrence County

Clarkson—Knowles Cottage, 37 Main St.,Potsdam, 95001405

Ulster County


Kingston City Library, 399 Broadway,Kingston, 95001404

Yates CountyEsperanza (Yates County MPS), NY 54A E of

Keuka Lake, Jerusalem, 95001406

NORTH CAROLINA

Rutherford CountyMain Street Historic District, Roughly

bounded by Taylor, Court, Washington andW. Third Sts., Rutherfordton, 95001419

OHIO

Ashtabula CountyGriggs Grange No. 1467, 1467 Brown Rd.,

Jefferson vicinity, 95001414

Columbiana CountySalem Downtown Historic District, Roughly

bounded by Vine Ave., Ohio Ave., E.Pershing St., S. Ellsworth Ave. and SugarTree Alley, Salem, 95001416

Marion CountyMarion Cemetery Receiving Vault, 620

Delaware Ave., Marion, 95001415

OKLAHOMA

Kiowa CountyHobart Rock Island Depot, 518 S. Main,

Hobart, 95001418

McClain CountyHotel Love, 200 W. Main St., Purcell,

95001407

Pittsburg CountyAldridge Hotel, 200 E. Carl Albert Pkwy.,

McAlester, 95001408

Stephens CountyPatterson Hospital, 929 W. Willow Ave.,

Duncan, 95001417

TENNESSEE

Fayette CountyWilliston Historic District, Roughly, along

Hotel and Railroad Sts. and Walker Ave.,Williston, 95001409

TEXAS

Bexar CountyCity Public Service Company Building, 201

N. St. Mary’s St., San Antonio, 95001422


INTERSTATE COMMERCECOMMISSION

Availability of EnvironmentalAssessments

Pursuant to 42 U.S.C. 4332, theCommission has prepared and madeavailable environmental assessments forthe proceedings listed below. Datesenvironmental assessments are availableare listed below for each individualproceeding.

To obtain copies of theseenvironmental assessments contact Ms.Tawanna Glover-Sanders, InterstateCommerce Commission, Section ofEnvironmental Analysis, Room 3219,Washington, DC 20423, (202) 927–6203.

Comments on the followingassessment are due 15 days after thedate of availability:

AB–310 (Sub-No. 1X), Utah RailwayCompany—Abandonment in CarbonCounty, Utah. EA available 11/2/95.

AB–310X, Utah Railway Company—Abandonment in Carbon County, Utah.EA available 11/2/95.

Comments on the followingassessment are due 30 days after thedate of availability:

AB–406 (Sub-No. 4X), Central KansasRailway, Limited Liability Company—Abandonment Exemption—In HarperCounty, Kansas. EA available 11/2/95.

AB–454X, The Bay Line Railroad,L.L.C.—Abandonment Exemption—RailLine Between Campbellton andGraceville, Florida. EA available 11/2/95.Vernon A. Williams,Secretary.[FR Doc. 95–28169 Filed 11–14–95; 8:45 am]BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Office of Juvenile Justice andDelinquency Prevention

[OJP Number 1068]

Meeting of the Coordinating Councilon Juvenile Justice and DelinquencyPrevention

November 8, 1995.AGENCY: U.S. Department of Justice,Office of Juvenile Justice andDelinquency Prevention.ACTION: Notice of meeting.

SUMMARY: A meeting of the CoordinatingCouncil on Juvenile Justice andDelinquency Prevention will take placein the District of Columbia, beginning at1:00 p.m. on Tuesday, November 28,1995, and ending at 3:00 p.m. onNovember 28, 1995. This advisorycommittee, chartered as theCoordinating Council on JuvenileJustice and Delinquency Prevention,will meet at the United StatesDepartment of Justice, located at 10thand Constitution Avenue, N.W.,Conference Room 5111, Washington,D.C. 20530. The Coordinating Council,established pursuant to section 3(2)(A)of the Federal Advisory Committee Act(5 U.S.C. App. 2), will meet to carry outits advisory functions under section 206

of the Juvenile Justice and DelinquencyPrevention Act of 1974, as amended.This meeting will be open to the public.The public is advised that it must enterthe building via the ConstitutionAvenue Visitors’ Center. For securityreasons, members of the public who areattending the meeting must contact theOffice of Juvenile Justice andDelinquency Prevention (OJJDP) byclose of business November 21, 1995.The point of contact at OJJDP is LutriciaKey who can be reached at (202) 307–5911. The public is further advised thata pictured identification is required toenter the building.Shay Bilchik,Administrator, Office of Juvenile Justice andDelinquency Prevention.[FR Doc. 95–28131 Filed 11–14–95; 8:45 am]BILLING CODE 4410–18–M

DEPARTMENT OF LABOR

Employment and TrainingAdministration

Proposed Information CollectionRequest Submitted for PublicComment and Recommendations;Quarterly Determinations, AllowanceActivities and Employability ServicesUnder The Trade Act; and TrainingWaivers Issued and Revoked

ACTION: Notice.

SUMMARY: The Department of Labor, aspart of its continuing effort to reducepaperwork and respondent burdenconducts a preclearance consultationprogram to provide the general publicand Federal agencies with anopportunity to comment on proposedand/or continuing collections ofinformation in accordance with thePaperwork Reduction act of 1995(PRA95) (44 U.S.C. 3506(c)(2)(A)). Thisprogram helps to ensure that requesteddata can be provided in the desiredformat, reporting burden (time andfinancial resources) is minimized,reporting forms are clearly understood,and the impact of collectionrequirements on respondents can beproperly assessed. Currently, theEmployment and TrainingAdministration is soliciting commentsconcerning the proposed reinstatementof the collection of the QuarterlyDeterminations, Allowance Activitiesand Employability Services Under TheTrade Act, Form ETA 563; and TrainingWaivers Issued and Revoked, Form ETA9027.

A copy of the proposed informationcollection request can be obtained by


contacting the employee listed below inthe contact section of this notice.DATES: Written comments must besubmitted on or before January 16, 1996.Written comments should evaluatewhether the proposed collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation will have practical utility;evaluate the accuracy of the agency’sestimate of the burden of the proposedcollection of information including thevalidity of the methodology andassumptions used; enhance the quality,utility, and clarity of the information tobe collected; and minimize the burdenof the collection of information on thosewho are to respond, including throughthe use of appropriate automated,electronic, mechanical, or othertechnological automated, electronic,mechanical, or other technologicalautomated, electronic, mechanical, orother technological collectiontechniques or other forms of informationtechnology, e.g., permitting electronicsubmission of responses.ADDRESSES: Russell T. Kile, Office ofTrade Adjustment Assistance,Employment and TrainingAdministration, Department of Labor,Room C–4318, 200 Constitution Ave.,N.W., Washington, D.C. 20210, 202–219–5555 (this is not a toll free number).


I: BackgroundThe Trade Act of 1974, Section

236(d), as amended, requires thePresident to submit an annual report tothe Congress on the trade agreementsprogram which includes information ontrade adjustment assistance for workers.The information from this collection ofinformation is used by the Secretary ofLabor to report to Congress quarterlyregarding the amount of funds expendedto provide training. Key workload dataon the Trade Adjustment Assistance(TAA) and the North American FreeTrade Agreement—TransitionalAdjustment Assistance (NAFTA)programs is needed to measure programperformance and to allocate programand administrative funds to Stateagencies administering the tradeprograms for the Secretary.

The Trade Act of 1974, (Pub. L. 93–618), Section 231(c)(3), as amended bythe Omnibus Trade andCompetitiveness Act (OTCA) of 1988,requires the Secretary to report to theCongress annually, the number oftraining waivers issued and revoked.NAFTA legislation does not provide forthe waiver of training. The Departmenthas determined that it is important to

ascertain not only the number ofwaivers issued, but the reasons whysuch waiver were issued following theguidelines provided by the Congress.Further, the Department determinedthat such information should becollected quarterly to assess theadequacy of the regulations andoperating instructions issued to theState Agencies acting as an Agent of theUnited States when administering theTrade Act provisions.

II: Current ActionsThis is a request for OMB approval

under [the Paperwork Reduction Act of1995 (44 U.S.C. 3506(c)(2)(A)] for areinstatement of collection ofinformation previously approved andassigned OMB Control No. 1205–0016.There is no change in burden.

Type of Review: Reinstatementwithout change.

Agency: Employment and TrainingAdministration, Labor.

Title: Quarterly Determinations,Allowance Activities and EmployabilityService Under The Trade Act; andTraining Waivers Issued and Revoked.

OMB Number: 1205–0016.Frequently: Quarterly.Affected Public: State or Local

Government.Number of Respondents: ETA-563 =

Estimated 17,100; ETA-9027 =Estimated 52.

Estimated Time Per Respondent: ETA-563 = 12 minutes per response; ETA-9027=15 minutes per response.

Total Estimated Cost: $46,380.Total Burden Hours: 3,472.Comments submitted in response to

this notice will be summarized and/orincluded in the request for Office ofManagement and Budget approval of theinformation collection request; they willalso become a matter of public record.

Dated: November 11, 1995.Russell T. Kile,Acting Program Manager, Office of TradeAdjustment Assistance.[FR Doc. 95–28171 Filed 11–14–95; 8:45 am]BILLING CODE 4510–30–M


Agency Recordkeeping/ReportingRequirements Under EmergencyReview by the Office of Managementand Budget (OMB)

November 13, 1995.The Department of Labor has

submitted the following emergencyprocessing public information collectionrequest (ICR) to the Office ofManagement and Budget (OMB) forreview and clearance under the

Paperwork Reduction Act of 1995 (P.L.104–13, 44 U.S.C. Chapter 35). OMBapproval has been requested byNovember 13, 1995. A copy of thisindividual ICR, with applicablesupporting documentation, may beobtained by calling the Department ofLabor Acting Departmental ClearanceOfficer, Theresa M. O’Malley ([202]219–5095). Comments and questionsabout the ICR listed below should bedirected to Ms. O’Malley, Office ofInformation Resources ManagementPolicy, U.S. Department of Labor, 200Constitution Avenue, NW., Room N–1301, Washington, DC 20210 as soon aspossible. Comments should also be sentto the Office of Information andRegulatory Affairs, Attn: OMB DeskOfficer for Departmental Management,Office of Management and Budget,Room 10325, Washington, DC 20503([202] 395–7316).

Individuals who use atelecommunications device for the deaf(TTY/TDD) may call [202] 219–4720between 1:00 p.m. and 4:00 p.m. Easterntime, Monday through Friday.

Agency: Office of the Secretary.Title: Minimum Wage.OMB Number: 1225–0new.Frequency: On occasion.Affected Public: Individuals or

households.Number of Respondents: 100,000.Estimated Time Per Respondent: 1

minute.Total Burden Hours: 1,670.Description: The Secretary of Labor is

establishing a toll-free ‘‘800’’ number tosolicit participation by minimum wageworkers across the country in thenational policy debate on proposals toincrease the federally-establishedminimum wage. Participants arespecifically being asked how a changein the minimum wage would affect thequality of their lives and the lives oftheir families. Minimum wage workersare usually not invited to policydebates, nor are they generally able toabsorb the wages lost taking time off ofwork to engage in such activity. Theselow-income workers may also not berepresented by collective bargaining andother organizations and therefore do nothave an organized voice in suchdebates.

The Secretary is attempting, as a partof his role representing the concerns ofAmerican workers, to give theseindividuals an opportunity to have theirstories heard. The Department believesthat the use of toll-free telephonetechnology will allow workers toparticipate in the discussion at no costto them and with the duration of thephone call being the only burden placedon their time.


The Secretary is often asked to speakon the subject of minimum wages andanticipates being asked to testify beforecongressional committees in the nearfuture. The information obtained fromparticipants in the toll-free number willbe an important supplement to existingeconomic and other studies.Theresa M. O’Malley,Acting Departmental Clearance Officer.[FR Doc. 95–28302 Filed 11–14–95; 8:45 am]BILLING CODE 4510–23–M

Occupational Safety and HealthAdministration

NACOSH HazCom Workgroup Meeting

Notice is hereby given that aworkgroup of the National AdvisoryCommittee on Occupational Safety andHealth (NACOSH), established undersection 7(a) of the Occupational Safetyand Health Act of 1970 (29 U.S.C. 656)to advise the Secretary of Labor and theSecretary of Health and Human Serviceson matters relating to the administrationof the Act, will meet on December 11and 12, 1995, in N3437 A–D of theDepartment of Labor Building located at200 Constitution Avenue NW.,Washington, DC. The meeting, which isopen to the public, will run from 1 p.m.to 5 p.m. on December 11 and from 8a.m. to 4 p.m. on December 12.

The Occupational Safety and HealthAdministration (OSHA) has askedNACOSH to form a workgroup toidentify ways to improve chemicalhazard communication and the right toknow in the workplace. OSHA hasasked the Committee to provide OSHAwith recommendations inapproximately six months to simplifymaterial safety data sheets, reduce theamount of required paperwork, improvethe effectiveness of worker training, andrevise enforcement policies so that theyfocus on the most serious hazards.

Beginning at 1:00 p.m. on December11 and continuing through December12, members of the public who areimpacted by OSHA’s hazardcommunication standard are invited toaddress the workgroup. Presentationswill be limited to 10 minutes with timeallowed for questions from theworkgroup members. Additionalinformation and/or documentation maybe submitted and will be entered intothe record. A verbatim transcript will bemade of the proceedings which will beavailable to the public in the OSHATechnical Data Center (TDC) located inRoom N2625 of the Department of LaborBuilding (202–219–7500).

Those who wish to makepresentations should notify, no later

than December 1, Joanne Goodell,Directorate of Policy, OSHA, Room N–3641, 200 Constitution Avenue NW.,Washington, DC, 20210, telephone (202)219–8021, ext. 107, or FAX (202) 219–4383. Presenters must provide theirname, the capacity in which they willappear, a brief outline of the content ofthe presentation, mail address,telephone and FAX numbers.Presenters’ specific requests to appearon either the December 11 afternoonsession or the December 12 session willbe honored to the extent the scheduleallows. If there is sufficient time, otherswho have not notified OSHA will bepermitted to make presentations after allthose on the schedule have been heard.In the event that the number of requeststo make presentations exceeds theavailable time, those with the earliestdocumented requests will be honored.

Written data, views or comments forconsideration by the workgroup may besubmitted, preferably with 20 copies, toJoanne Goodell at the address providedabove. Any such submissions receivedprior to the meeting will be provided tothe members of the Committee and willbe included in the record of themeeting. Individuals with disabilitieswho need special accommodationsshould contact Tom Hall (202–219–8615) by December 7.

Additional Meeting ScheduleOn January 10–11, 1996, in Room

N3437 A–D, the HazCom Workgroupwill meet from 10:00 a.m. to 5:00 p.m.on January 10 and from 8:00 a.m. to 4:00p.m. on January 11. Presentations byspecialists will be made on thefollowing subjects: labelcomprehension, electronic accesssystems, training programs, and theAmerican National Standards Institute(ANSI) experience in developing astandard for Hazardous IndustrialChemicals—Material Safety Data Sheets.

On February 7–9, the HazComWorkgroup will meet in Room N3437A–D to review all issues and finalize theconcept for the report. The meeting willrun from 10:00 a.m. to 5:00 p.m. thesecond day.

On March 20, the HazCom Workgroupwill meet from 10:00 a.m. to 4:00 p.m.in Room N3437 A–D to review the totalreport, make any necessary changes andobtain concurrences.

It is anticipated that the final productof this workgroup will be submitted tothe full National Advisory Committeeon Occupational Safety and Health inmid to late April.

For additional information contact:Joanne Goodell, Directorate of Policy,Occupational Safety and HealthAdministration, Room N–3641, 200

Constitution Avenue, NW., Washington,DC, 20210, telephone (202) 219–8021.

Signed at Washington, DC this 8th day ofNovember, 1995.Joseph A. Dear,Assistant Secretary of Labor.[FR Doc. 95–28170 Filed 11–14–95; 8:45 am]BILLING CODE 4510–26–M

NATIONAL SCIENCE FOUNDATION

Collection of Information Submitted forOMB Review

In compliance with the requirementof Section 3506(c)(2)(A) of thePaperwork Reduction Act of 1995 foropportunity for public comment onproposed data collection projects, theNational Science Foundation (NSF) willpublish periodic summaries of proposedprojects. To request more informationon the proposed project or to obtain acopy of the data collection plans andinstruments, call Herman Fleming, NSFClearance Officer at (703) 306–1243.

Comments are invited on (a) whetherthe proposed collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden of theproposed collection of information; (c)ways to enhance the quality, utility, andclarity of the information onrespondents, including through the useof automated collection techniques orother forms of information technology.

Proposed ProjectStudy of Persons with Disabilities

Majoring in Science, Engineering,Mathematics, and Technology (SEMT).Individuals with disabilities do notpursue academic majors in scienceengineering, mathematics andtechnology in numbers commensuratewith their prevalence in the population.Further, they are underrepresentedamong individuals who pursue science-oriented careers. Thisunderrepresentation in SEMT ofstudents with disabilities represents amajor loss for both those individualsand the nation’s scientific labor force.Currently, serious information gaps andcontradictory data hamper the creationof policy and direction to allow andencourage talented young persons withdisabilities to pursue careers in SEMT.

To address this need for informationthe proposed project has the followingobjectives; (1) To determine the numberand demographic characteristics ofthese students. (2) To examine issuesrelated to their pursuit of a degree,including research experience, high


school preparation, interest in SEMT,choice of college major, barriers, use ofdisability support service, criticalincidents, and education and careergoals. To address the researchobjectives, the proposed projectinvolves an in-depth study of a sample(n=20) of different types ofpostsecondary educational institutions(research universities, 4-year colleges,

disability-friendly universities, andcommunity colleges). At eachinstitution, three groups of students willbe surveyed: students with disabilitiesmajoring in SEMT, students withdisabilities majoring in other fields, andstudents without disabilities majoring inSEMT. Interviews with SEMT faculty ateach institution will also be conducted.This approach will allow for exploration

of the ways in which students withdisabilities majoring in SEMT aresimilar to and different from othergroups of students, as well as the viewsof faulty toward students withdisabilities. The project is planned as aone-time data collection what will occurin the spring of 1996. Burden estimatesare as follows:

Respondents Number ofinterviews

Estimatedtime in min-

utes

Total bur-den (hours)

SEMT students with disabilities ............................................................................................................... 725 30 363Non-SEMT students with disabilities ....................................................................................................... 375 25 156SEMT students without disabilities .......................................................................................................... 375 25 156SEMT faculty members ........................................................................................................................... 200 15 50

Send Comments to Herman Fleming,Clearance Officer, National ScienceFoundation, 4201 Wilson Boulevard,Suite 485, Arlington, VA 22230. Writtencomments should be received byJanuary 15, 1996.

Dated: November 9, 1995.Herman G. Fleming,NSF Clearance Officer.[FR Doc. 95–28241 Filed 11–14–95; 8:45 am]BILLING CODE 7555–01–M

NUCLEAR REGULATORYCOMMISSION


Niagara Mohawk Power Corporation;Notice of WIthdrawal of Application forAmendment to Facility OperatingLicense

The U.S. Nuclear RegulatoryCommission (the Commission) hasgranted the request of Niagara MohawkPower Corporation (the licensee) towithdraw its September 1, 1994,application for proposed amendment toFacility Operating License No. DPR–63for the Nine Mile Point Nuclear StationUnit No. 1, located in Oswego County,New York.

The proposed amendment wouldhave revised the pressure/temperaturelimits in the plant technicalspecifications.

The Commission had previouslyissued a Notice of Consideration ofIssuance of Amendment published inthe Federal Register on October 12,1994, (59 FR 51620). On September 22,1995, the staff issued a denial of theamendment request which was noticedin the Federal Register on September29, 1995, (60 FR 50650). However, byletter dated October 27, 1995, thelicensee withdrew the proposed change.

For further details with respect to thisaction, see the application foramendment dated September 1, 1994,the staff’s denial dated September 22,1995, and the licensee’s letter datedOctober 27, 1995, which withdrew theapplication for license amendment. Theabove documents are available forpublic inspection at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and at the local publicdocument room located at the Referenceand Documents Department, PenfieldLibrary, State University of New York,Oswego, New York 13126.

Dated at Rockville, Maryland, this 6th dayof November 1995.

For the Nuclear Regulatory Commission.Gordon E. Edison,Senior Project Manager, Project DirectorateI–1, Division of Reactor Projects—I/II, Officeof Nuclear Reactor Regulation.[FR Doc. 95–28155 Filed 11–14–95; 8:45 am]BILLING CODE 7590–01–P


Federal Register Notice of AmendmentTo Change Reclamation MilestoneDate in Source Material License SUA–551 Held by Petrotomics Company forIts Shirley Basin, Wyoming UraniumMill

AGENCY: U.S. Nuclear RegulatoryCommission.ACTION: Amendment of Source MaterialLicense SUA–551 to change areclamation milestone date.

SUMMARY: Notice is hereby given thatthe U.S. Nuclear RegulatoryCommission has amended PetrotomicsCompany’s (Petrotomics’) SourceMaterial License SUA–551 for ShirleyBasin Wyoming to change a reclamationmilestone date. This amendment was

requested by Petrotomics by letter datedSeptember 5, 1995, and its receipt byNRC was noticed in the FederalRegister on September 27, 1995.

The license amendment modifiesLicense Condition 50 to change thecompletion date for a site-reclamationmilestone. The new date approved bythe NRC extends completion ofplacement of final radon barrier on thetailings pile by one year, and tenmonths. Petrotomics attributes thedelays to (1) NRC’s re-examination ofcover design for performance withcurrent standards and practices, and (2)short construction season at the ShirleyBasin site. Based on review ofPetrotomics’ submittal, the NRC staffconcludes that the delays areattributable to factors beyond thecontrol of Petrotomics, the proposedwork is scheduled to be completed asexpeditiously as practicable, and theadded risk to the public health andsafety is not significant.

An environmental assessment is notrequired since this action iscategorically excluded under 10 CFR51.22(c)(11), and an environmentalreport from the licensee is not requiredby 10 CFR 51.60(b)(2).

SUPPLEMENTARY INFORMATION:Petrotomics’ license, including anamended License Condition 50, and theNRC staff’s technical evaluation of theamendment request are being madeavailable for public inspection at theNRC’s Public Document Room at 2120L Street, NW (Lower Level),Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT:Mohammad W. Haque, High-LevelWaste and Uranium Recovery ProjectsBranch, Division of Waste Management,U.S. Nuclear Regulatory Commission,Washington, DC 20555. Telephone (301)415–6640.


Dated at Rockville, Maryland, this 7th dayof November 1995.Joseph J. Holonich,Chief, High-Level Waste and UraniumRecovery Projects Branch, Division of WasteManagement, Office of Nuclear MaterialSafety and Safeguards.[FR Doc. 95–28156 Filed 11–14–95; 8:45 am]BILLING CODE 7590–01–P


Portland General Electric Company,Trojan Nuclear Plant; Exemption

I.

Portland General Electric Company(PGE or the licensee) is the holder ofFacility Operating (Possession Only)License No. NPF–1, which authorizespossession and maintenance of theTrojan Nuclear Plant (Trojan or theplant). The license provides, amongother things, that the plant is subject toall rules, regulations, and orders of theCommission now or hereafter in effect.

The plant is a permanently shutdown,defueled, pressurized light-water reactorundergoing the initial stages ofdecommissioning, which is locatedalong the banks of the Columbia Riverin Columbia County, Oregon.

II.

Trojan received an operating licenseon November 21, 1975. On January 4,1993, the Directors of PGE voted toaccept the recommendation of the PGEmanagement to permanently ceasepower operations at Trojan. The facilityhad been shut down since November 9,1992, when a leak in the ‘‘B’’ steamgenerator was detected. PGE completeddefueling of the reactor on January 27,1993. On March 24, 1993, the NRC staffissued a confirmatory order to confirma commitment by PGE not to move newor spent fuel into the reactor buildingwithout prior NRC approval. On May 5,1993, the Commission issuedAmendment No. 190 for FacilityOperating License No. NPF–1, whichconverted the license to a possession-only license (POL).

Section 140.11(a)(4) of Title 10 of theCode of Federal Regulations, (10 CFR140.11(a)(4)) requires each licensee tohave and maintain primary nuclearliability insurance of $200 million. Inaddition, each licensee is required tomaintain secondary financial protectionin the form of private liability insuranceunder an industry retrospective plan.However, 10 CFR 140.8 allows theCommission, upon application of anyinterested person or upon its owninitiative, to grant such exemptionsfrom the requirements of Part 140 as it

determines are authorized by law andare otherwise in the public interest.

In a letter dated April 6, 1995, thelicensee requested a reduction inprimary financial coverage and anexemption from participation in theindustry retrospective rating planrequiring secondary level coveragerequirements in 10 CFR 140.11(a)(4).The licensee requested that theexemption become effective onNovember 9, 1992, 3 years from the dateof final shutdown of the reactors.

III.The licensee justified the exemption

request by citing existing NRC policythat provides for exemption from therequirements of 10 CFR 140.11(a)(4) forplants that have been permanently shutdown, as presented in a staffrequirements memorandum (SRM)dated July 13, 1993, on SECY–93–127,‘‘Financial Protection Required ofLicensees of Large Nuclear Power PlantsDuring Decommissioning.’’ The licenseecontends that as of November 9, 1995,no potential will exist for a reasonablyconceivable accident at Trojan thatcould cause offsite damage resulting inliability claims exceeding $100 million.The licensee’s conclusion is based on(1) Its analyses of operating events anddesign-basis accidents for Trojan in thepermanently defueled conditiondescribed in the Trojan Defueled SafetyAnalysis Report; (2) the NRC staff’stechnical evaluation in SECY–93–127;and (3) the permanently shutdownstatus of the plant, including thesignificant period of elapsed time (3years on November 9, 1995) in whichthe spent fuel decay heat will have hadto dissipate.

The NRC staff independentlyevaluated the legal and technical issuesassociated with the application of thePrice-Anderson Act to permanentlyshutdown reactors in SECY 93–127. Inits evaluation, the staff concluded thatthe legislative history of the Price-Anderson Act establishes a legalframework and the discretionaryauthority to respond to licensee requestsfor a reduction in the level of primaryfinancial protection and withdrawalfrom participation in the industryretrospective rating plan. Depending onthe plant-specific configuration and theamount of elapsed time since permanentshutdown, the staff also concluded thatpotential hazards may exist atpermanently shutdown reactors forwhich financial protection is warranted.The staff further concluded thataccidents and hazards insured againstunder the Price-Anderson Act gobeyond design-basis accidents andbeyond those accidents considered

‘‘credible’’ as that term is used in 10CFR Part 100 and in cases interpretingthe application of the regulation.

In the exercise of its discretionaryauthority, the Commission could, solong as a potential hazard existed at apermanently shutdown reactor, requirethe full amount of primary financialprotection and full participation in theindustry retrospective rating plan. Atsuch time as the hazard is determinedto no longer exist, the Commission mayreduce the amount of primary financialprotection and permit the licensee towithdraw from participation in theindustry retrospective rating plan.

Because the legislative history doesnot explicitly consider the potentialhazards that might exist aftertermination of operation, the staffgenerically evaluated the offsiteconsequences associated with normaland abnormal operations, design-basisaccidents, and beyond-design-basisaccidents for reactors that have beenpermanently defueled and shut down.The staff concluded that aside from thehandling, storage, and transportation ofspent fuel and radioactive materials, nopotential exists for a reasonablyconceivable accident that could causesignificant offsite damage.

A severe transportation accidentcould cause local contaminationrequiring cleanup and offsite liabilitiesresulting from traffic disruption anddamage to property. The possibility ofthis type of accident would warrant thelicensee’s maintaining some level ofliability insurance. The liabilities andindemnification requirementsassociated with the transfer of spent fuelfrom the licensee to the Department ofEnergy will be evaluated on a case-by-case basis in the future, when spent fuelis shipped to a repository.

The most significant accidentsequence for a permanently defueledand shutdown reactor involves thecomplete loss of water from a light-water reactor spent fuel pool. Thisbeyond-design-basis accident sequencecould result in a zirconium fuelcladding fire that could propagatethrough the spent fuel storage pool andresult in significant offsiteconsequences. Although such anaccident is beyond the design bases, itmay be considered ‘‘reasonablyconceivable’’ and could warrantrequiring substantial financialprotection. Such an accident is possibleduring the first year after reactorshutdown for a low-density spent fuelstorage configuration and during thefirst 2 to 3 years after shutdown forspent fuel stored in certain high-densityconfigurations.


Accident scenarios involving blockageof coolant channels in conjunction withloss of spent fuel pool water couldhypothetically further extend the time atwhich a zirconium fuel cladding firecould occur. However, in addition tobeing less likely than loss of water, airflow to react with the zirconium and todisperse fission products would mostlikely be inhibited by such blockage.The staff believes that this sequenceapproaches the strictly hypothetical.

Once the requisite cooling period afterreactor shutdown has elapsed, thezirconium fuel cladding fire sequence isno longer a concern because the fuelwould air cool sufficiently to avoidzirconium fuel cladding combustion.Possible accident scenarios after thesecooling periods have elapsed possessgreatly reduced consequences but couldresult in small releases or precautionaryevacuations that could result in offsiteliability.

With respect to the Trojan plant-specific evaluation, the NRC staffindependently evaluated the legal andtechnical justifications for theexemption presented by the licensee.The NRC recognizes the currentcondition of the Trojan plant, that is,permanently shut down and defueled,licensed for ‘‘possession-only,’’ andunder a confirmatory order thatprohibits fuel movement from the spentfuel pool into the reactor buildingwithout approval of the Commission.The staff concurred with the licensee’sevaluation of credible design-basisaccidents and their minimal associatedoffsite consequences.

The staff also considered liabilitycoverage needs associated withdecommissioning activities,transportation of radioactive materials,design-basis accidents, and beyond-design-basis accidents as previouslynoted herein. The results of the staff’sevaluation, as embodied in the staffrequirements memorandum of July 13,1993, on SECY 93–127 and in SECY 93–127, allow (after the requisite minimumspent fuel cooling period has elapsed) areduction in the amount of financialprotection required of licensees of largenuclear plants that have beenprematurely shut down. The Trojanplant was permanently shut down onNovember 9, 1992; therefore, as ofNovember 9, 1995, 3 years will haveelapsed since the permanent shutdownof the Trojan plant. This time periodmeets the criteria established in SECY93–127 for relief from financialprotection requirements.

IV.On the basis of its independent

evaluation as embodied in the staff

requirements memorandum of July 13,1993, on SECY 93–127 and in SECY 93–127, the staff concluded that sufficientbases exist for the Commission’sapproval of relief from the financialprotection requirements for the Trojanplant. The staff also concluded thatgranting the proposed exemption doesnot increase the probability orconsequences of any accidents or reducethe margin of safety at this facility.

V.Based on Sections III. and IV. above,

the Commission has determined thatpursuant to 10 CFR 140.8, thisexemption is authorized by law and isotherwise in the public interest.Therefore, the Commission grants anexemption from the requirements of 10CFR 140.11(a)(4) to the extent thatprimary financial protection in theamount of $100 million shall bemaintained. An exemption fromparticipation in the industryretrospective rating plan (secondarylevel financial protection) is granted forthe Trojan plant effective November 9,1995, 3 years from the date of finalshutdown of the reactor.

Pursuant to 10 CFR 51.32, theCommission has determined that thegranting of this exemption will not havea significant effect on the quality of thehuman environment (60 FR 55741 datedNovember 2, 1995).

This exemption is effective uponissuance.

For the Nuclear Regulatory Commission.Dated at Rockville, Maryland, this 2nd day

of November 1995.

Brian K. Grimes,Acting Director, Division of Reactor ProgramManagement, Office of Nuclear ReactorRegulation.[FR Doc. 95–28157 Filed 11–14–95; 8:45 am]BILLING CODE 7590–01–P

Draft Regulatory Guide; Issuance,Availability

The Nuclear Regulatory Commissionhas issued for public comment a draft ofa guide planned for its Regulatory GuideSeries. This series has been developedto describe and make available to thepublic such information as methodsacceptable to the NRC staff forimplementing specific parts of theCommission’s regulations, techniquesused by the staff in evaluating specificproblems or postulated accidents, anddata needed by the staff in its review ofapplications for permits and licenses.

The draft guide is a proposedRevision 1 to Regulatory Guide 1.153,and it is temporarily identified as DG–1042, ‘‘Criteria for Safety Systems.’’ The

guide will be in Division 1, ‘‘PowerReactors.’’ This regulatory guide is beingrevised to provide current guidance onmethods acceptable to the NRC staff forcomplying with the Commission’sregulations with respect to the design,reliability, qualification, and testabilityof the power, instrumentation, andcontrol portions of safety systems ofnuclear power plants.

The draft guide has not receivedcomplete staff review and does notrepresent an official NRC staff position.

Public comments are being solicitedon the guide. Comments should beaccompanied by supporting data.Written comments may be submitted tothe Rules Review and Directives Branch,Division of Freedom of Information andPublications Services, Office ofAdministration, U.S. Nuclear RegulatoryCommission, Washington, DC 20555.Copies of comments received may beexamined at the NRC Public DocumentRoom, 2120 L Street NW., Washington,DC. Comments will be most helpful ifreceived by January 12, 1996.

Although a time limit is given forcomments on this draft guide,comments and suggestions inconnection with items for inclusion inguides currently being developed orimprovements in all published guidesare encouraged at any time.

Comments may be submittedelectronically, in either ASCII text orWordperfect format (version 5.1 orlater), by calling the NRC ElectronicBulletin Board on FedWorld. Thebulletin board may be accessed using apersonal computer, a modem, and oneof the commonly availablecommunications software packages, ordirectly via Internet.

If using a personal computer andmodem, the NRC subsystem onFedWorld can be accessed directly bydialing the toll free number: 1–800–303–9672. Communication softwareparameters should be set as follows:Parity to none, data bits to 8, and stopbits to 1 (N,8,1). Using ANSI or VT–100terminal emulation, the NRC NUREGsand RegGuides for Comment subsystemcan then be accessed by selecting the‘‘Rules Menu’’ option from the ‘‘NRCMain Menu.’’ For further informationabout options available for NRC atFedWorld, consult the ‘‘Help/Information Center’’ from the ‘‘NRCMain Menu.’’ Users will find the‘‘FedWorld Online User’s Guides’’particularly helpful. Many NRCsubsystems and data bases also have a‘‘Help/Information Center’’ option thatis tailored to the particular subsystem.

The NRC subsystem on FedWorld canalso be accessed by a direct dial phonenumber for the main FedWorld BBS,


1 PBGC–1, Correspondence Between PBGC andPersons Outside PBGC—PBGC; PBGC–2,Disbursements—PBGC; PBGC–3, Employee Payroll,Leave and Attendance Records—PBGC; PBGC–4,Employee Travel Records—PBGC; PBGC–5,Personnel Records—PBGC; PBGC–6, PlanParticipant and Beneficiary Data—PBGC; PBGC–7,Equal Employment Opportunity DiscriminationComplaints—PBGC; PBGC–8, Employee AdverseAction Files—PBGC; PBGC–9, Plan Participant andBeneficiary Address Identification File—PBGC;PBGC–10, Administrative Appeals File—PBGC; andPBGC–11, Call Detail Records—PBGC.

703–321–3339, or by using Telnet viaInternet, fedworld.gov. If using 703–321–3339 to contact FedWorld, the NRCsubsystem will be accessed from themain FedWorld menu by selecting the‘‘Regulatory, GovernmentAdministration and State Systems,’’then selecting ‘‘Regulatory InformationMall.’’ At that point, a menu will bedisplayed that has an option ‘‘U.S.Nuclear Regulatory Commission’’ thatwill take you to the NRC Online mainmenu. The NRC Online area also can beaccessed directly by typing ‘‘/go nrc’’ ata FedWorld command line. If you accessNRC from FedWorld’s main menu, youmay return to FedWorld by selecting the‘‘Return to FedWorld’’ option from theNRC Online Main Menu. However, ifyou access NRC at FedWorld by usingNRC’s toll-free number, you will havefull access to all NRC systems but youwill not have access to the mainFedWorld system.

If you contact FedWorld using Telnet,you will see the NRC area and menus,including the Rules menu. Althoughyou will be able to downloaddocuments and leave messages, you willnot be able to write comments or uploadfiles (comments). If you contactFedWorld using FTP, all files can beaccessed and downloaded but uploadsare not allowed; all you will see is a listof files without descriptions (normalGopher look). An index file listing allfiles within a subdirectory, withdescriptions, is included. There is a 15-minute time limit for FTP access.

Although FedWorld can be accessedthrough the World Wide Web, like FTPthat mode only provides access fordownloading files and does not displaythe NRC Rules menu.

For more information on NRC bulletinboards call Mr. Arthur Davis, SystemsIntegration and Development Branch,U.S. Nuclear Regulatory Commission,Washington, DC 20555, telephone (301)415–5780; e-mail [email protected]. Formore information on this draftregulatory guide, contact S.K. Aggarwalat the NRC, telephone (301) 415–6005;e-mail [email protected].

Regulatory guides are available forinspection at the Commission’s PublicDocument Room, 2120 L Street NW.,Washington, DC. Requests for singlecopies of draft or final guides (whichmay be reproduced) or for placement onan automatic distribution list for singlecopies of future draft guides in specificdivisions should be made in writing tothe U.S. Nuclear RegulatoryCommission, Washington, DC 20555,Attention: Distribution and MailServices Section; or by fax at (301) 415–2260. Telephone requests cannot beaccommodated. Regulatory guides are

not copyrighted, and Commissionapproval is not required to reproducethem.(5 U.S.C. 552(a))

Dated at Rockville, Maryland, this 31st dayof October 1995.For the Nuclear Regulatory Commission.John W. Craig,Deputy Director, Division of EngineeringTechnology, Office of Nuclear RegulatoryResearch.[FR Doc. 95–28154 Filed 11–14–95; 8:45 am]BILLING CODE 7590–01–P


Privacy Act of 1974; Systems ofRecords

AGENCY: Pension Benefit GuarantyCorporation.ACTION: Notice of changes to systems ofrecords, including proposed new andrevised routine uses.

SUMMARY: The Pension Benefit GuarantyCorporation is proposing several newand revised routine uses of records in itssystems of records maintained pursuantto the Privacy Act of 1974, as amended,and is making a number of othertechnical and clarifying changes tothose systems. The changes includedividing one system of records into twosystems of records and deleting a systemof records.DATES: Comments on new and revisedroutine uses must be received on orbefore December 15, 1995. New andrevised routine uses, the division ofPBGC–5 into PBGC–5 and PBGC–12,and the deletion of PBGC–7 will becomeeffective January 1, 1996, withoutfurther notice, unless comments resultin a contrary determination and a noticeis published to that effect.ADDRESSES: Comments may be mailed tothe Office of the General Counsel,Pension Benefit Guaranty Corporation,1200 K Street, NW., Washington, DC20005–4026, or hand-delivered to Suite340 at the above address between 9:00a.m. and 5:00 p.m., Monday throughFriday. Comments will be available forinspection at the PBGC’sCommunications and Public AffairsDepartment, Suite 240, at the aboveaddress between 9:00 a.m. and 4:00p.m., Monday through Friday.FOR FURTHER INFORMATION CONTACT: D.Bruce Campbell, Attorney, PensionBenefit Guaranty Corporation, Office ofthe General Counsel, 1200 K Street,NW., Washington, DC 20005–4026, 202–326–4123 (202–326–4179 for TTY andTDD). For access to any of the PBGC’s

systems of records, contact E. WilliamFitzGerald, Disclosure Officer,Communications and Public AffairsDepartment, at the above address, 202–326–4040. (These are not toll-freenumbers.)SUPPLEMENTARY INFORMATION: The PBGCmaintains 11 Privacy Act systems ofrecords.1 Each of these systems ofrecords contains ‘‘routine uses’’describing situations in which the PBGCmay disclose information about anindividual without his or her consent.In addition, the PBGC specifies generalroutine uses that apply to most systemsof records. (This notice places a ‘‘G’’ infront of the general routine uses todistinguish them from the routine useswithin the individual systems ofrecords.)

This notice proposes several newroutine uses of records, revises certainexisting routine uses of records, andmakes a number of technical andclarifying changes. For the convenienceof the public, the revised systems ofrecords are published in full below withchanges, other than corrections andminor editing, italicized.

General Routine UsesThe PBGC is proposing several

unrelated changes in the general routineuses. Under G2 (‘‘Disclosure WhenRequesting Information’’), the PBGC isexpanding the sources to which it maydisclose information for the purpose ofobtaining information relevant to PBGCdecisions concerning hiring or retentionof employees, retention of securityclearances and letting of contracts.

Under G3 (‘‘Disclosure of Existence ofRecord Information’’), the PBGC maydisclose that a system of recordsincludes information relevant to certaindecisions of another federal agency,regardless of whether the other agencyhas requested information from thePBGC.

The PBGC will split general routineuse 4 into G4 (‘‘Disclosure inLitigation’’), and G5 (‘‘Disclosure to theDepartment of Justice in Litigation’’),and clarify the conditions under whichdisclosure is permitted. Disclosure willbe limited to proceedings before a courtor other adjudicative body, but will no


longer be limited to ‘‘litigation with theindividual who is the subject of therecord.’’

The PBGC has modified G8(‘‘Disclosure to Labor Organizations’’) topermit disclosure to an official of a labororganization only when ‘‘necessary’’ forthe labor organization properly toperform its duties as the collectivebargaining representative of PBGCemployees. Disclosure is ‘‘necessary’’when the information sought by thelabor organization bears a logical andsignificant connection with subjectswithin the scope of collective bargainingand when no adequate alternativesource of the information is available tothe labor organization. The PBGC is alsoincorporating G8 by reference intoPBGC–3, PBGC–4, PBGC–5, PBGC–8,and PBGC–11.

Systems of Records and SpecificRoutine Uses

The PBGC is dividing PBGC–5 intotwo systems of records, PBGC–5(retitled Personnel Files—PBGC) andPBGC–12 (Personnel SecurityInvestigation Records—PBGC). ThePBGC’s proposed rule amending 29 CFRPart 2607 to conform with this changeappears elsewhere in today’s FederalRegister. The PBGC is deleting PBGC–7, Equal Employment OpportunityRecords—PBGC, because it duplicatesan existing governmentwide systems ofrecords published by the EEOC (EEOC—GOVT–1, 56 FR 10900, March 14, 1991).

The PBGC is also proposing severalchanges in the specific routine usesapplicable to the individual systems ofrecords. In PBGC–6, the PBGC isamending routine use 5 to permit thePBGC to disclose information to theFederal Aviation Administration toobtain information relevant to adisability determination. Routine uses 6,7, 8, 9, and 10 will permit disclosure ofcertain information needed to locateparticipants and beneficiaries to theInternal Revenue Service, the SocialSecurity Administration, certain labororganizations, private locator services,the United States Postal Service, and tocertain other participants andbeneficiaries.

In PBGC–8, the PBGC proposes topermit disclosure to the Federal LaborRelations Authority (‘‘FLRA’’) and theEqual Employment OpportunityCommission (‘‘EEOC’’) to carry out theirauthorized functions.

In PBGC–10, routine use 5 will allowthe PBGC’s Appeals Board to discloseinformation to certain labororganizations to obtain informationrelevant to resolving an appeal.

In new PBGC–12, routine use 1 willpermit certain disclosures about an

investigation to obtain information froma source. Routine use 2 will permitdisclosure of information to the Officeof Personnel Management, the MeritSystems Protections Board, the FLRA, orthe EEOC to carry out their authorizedfunctions.

Technical and Clarifying Changes

The PBGC is also making a number oftechnical and clarifying changes to itsexisting systems of records. Amongother things, the PBGC is: (1) updatingcertain record retention and disposalpractices to reflect the PBGC’s recordcontrol schedules and the NationalArchives and Record Administration’sgeneral records schedules; (2) changingcertain system manager(s) and addressesto reflect organizational changes and themove of PBGC offices to a new address;and (3) providing for disclosure toconsumer reporting agencies in certainsystems in accordance with 31 U.S.C.3711(f) (5 U.S.C. 552a(b)(12)).

Issued in Washington, DC this 8th day ofNovember, 1995.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.

Table of Contents1. Correspondence Between the PBGC and

Persons Outside the PBGC—PBGC.2. Disbursements—PBGC.3. Employee Payroll, Leave, and Attendance

Records—PBGC.4. Employee Travel Records—PBGC.5. Personnel Files—PBGC.6. Plan Participant and Beneficiary Data—

PBGC.7. [System deleted]8. Employee Relations Files—PBGC.9. Plan Participant and Beneficiary Address

Identification File—PBGC.10. Administrative Appeals File—PBGC.11. Call Detail Records—PBGC.12. Personnel Security Investigation

Records—PBGC.

Prefatory Statement of General RoutineUses

The following routine uses areincorporated by reference into varioussystems of records, as set forth below.

G1. Routine Use—Law Enforcement:In the event that a system of recordsmaintained by the PBGC to carry out itsfunctions indicates a violation orpotential violation of law, whethercriminal, civil, or regulatory in nature,and whether arising by general statuteor particular program pursuant thereto,the relevant records in the system ofrecords may be disclosed to theappropriate agency, whether federal,state, local, or foreign, charged with theresponsibility of investigating orprosecuting such violation or chargedwith enforcing or implementing the

statute, or rule, regulation, or orderissued pursuant thereto.

G2. Routine Use—Disclosure WhenRequesting Information: A record fromthis system of records may be disclosedto a federal, state, or local agency or toanother public or private sourcemaintaining civil, criminal, or otherrelevant enforcement information orother pertinent information, if and tothe extent necessary to obtaininformation relevant to a PBGC decisionconcerning the hiring or retention of anemployee, the retention of a securityclearance, or the letting of a contract.

G3. Routine Use—Disclosure ofExistence of Record Information: Withthe approval of the Director, HumanResources Department (or his or herdesignee), the fact that this system ofrecords includes information relevant toa federal agency’s decision inconnection with the hiring or retentionof an employee, the retention of asecurity clearance, the letting of acontract, or the issuance of a license,grant, or other benefit may be disclosedto that federal agency.

G4. Routine Use—Disclosure inLitigation: A record from this system ofrecords may be disclosed in aproceeding before a court or otheradjudicative body in which the PBGC,an employee of the PBGC in his or herofficial capacity, or an employee of thePBGC in his or her individual capacityif the PBGC (or the Department ofJustice (‘‘DOJ’’)) has agreed to representhim or her is a party, or the UnitedStates or any other federal agency is aparty and the PBGC determines that ithas an interest in the proceeding, if thePBGC determines that the record isrelevant to the proceeding and that theuse is compatible with the purpose forwhich the PBGC collected theinformation.

G5. Routine Use—Disclosure to theDepartment of Justice in Litigation:When the PBGC, an employee of thePBGC in his or her official capacity, oran employee of the PBGC in his or herindividual capacity whom the PBGC hasagreed to represent is a party to aproceeding before a court or otheradjudicative body, or the United Statesor any other federal agency is a partyand the PBGC determines that it has aninterest in the proceeding, a record fromthis system of records may be disclosedto the DOJ if the PBGC is consulting withthe DOJ regarding the proceeding or hasdecided that the DOJ will represent thePBGC, or its interest, in the proceedingand the PBGC determines that therecord is relevant to the proceeding andthat the use is compatible with thepurpose for which the PBGC collectedthe information.


G6. Routine Use—Disclosure to OMB:A record from this system of recordsmay be disclosed to the Office ofManagement and Budget in connectionwith the review of private relieflegislation as set forth in OMB CircularNo. A–19 at any stage of the legislativecoordination and clearance process asset forth in that Circular.

G7. Routine Use—CongressionalInquiries: A record from this system ofrecords may be disclosed to acongressional office from the record ofan individual in response to an inquiryfrom the congressional office made atthe request of the individual.

G8. Routine Use—Disclosure to LaborOrganizations: A record from thissystem of records may be disclosed toan official of a labor organizationrecognized under 5 U.S.C. Chapter 71when necessary for the labororganization to perform properly itsduties as the collective bargainingrepresentative of PBGC employees in thebargaining unit.

PBGC–1

SYSTEM NAME:Correspondence Between the PBGC

and Persons Outside the PBGC—PBGC.

SYSTEM CLASSIFICATION:Not Applicable.

SYSTEM LOCATION:Pension Benefit Guaranty

Corporation, 1200 K Street, NW.,Washington, DC 20005–4026.

CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:

Individuals who have correspondedwith the PBGC and with components ofthe PBGC and individuals who havereceived replies in response to theircorrespondence with the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:Correspondence containing the name

and address of the correspondent andother information regarding variousaspects of the PBGC and Title IV of theEmployee Retirement Income SecurityAct of 1974, as amended.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:29 U.S.C. 1302.

PURPOSE(S):This system of records is maintained

for programmatic and regulatorypurposes (including use in adjudicatoryproceedings).

ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES:

General Routine Uses G1 through G7(see Prefatory Statement of General

Routine Uses) apply to this system ofrecords.

DISCLOSURE TO CONSUMER REPORTINGAGENCIES:

None.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained manually infile folders and/or in automated form.

RETRIEVABILITY:

Records are indexed by name ofcorrespondent or plan.

SAFEGUARDS:

Manual records are kept in filecabinets in areas of restricted access thatare locked after office hours; access toautomated records is restricted.

RETENTION AND DISPOSAL:

General requests for information thatdo not involve administrative action,policy decisions, or special research aredestroyed 1 year after reply.Correspondence with regard to specificmatters is transferred to the WashingtonNational Federal Records Center 1 yearafter the end of the fiscal year in whichthe correspondence was received orsent, and destroyed when 15 years old.Correspondence with members ofCongress is destroyed 1 year after theend of the fiscal year in which it isreceived or sent.

SYSTEM MANAGER(S) AND ADDRESS:

Correspondence is kept by thedirector of the department to which thecorrespondence was addressed or thedirector of the department who replied.These department directors are: GeneralCounsel, Office of the General Counsel;Inspector General, Office of InspectorGeneral; Director, Corporate Policy andResearch Department; Director,Communications and Public AffairsDepartment; Director, FinancialOperations Department; Director,Corporate Budget Department; Director,Procurement Department; Director,Contract and Controls ReviewDepartment; Director, InformationResources Management Department;Director, Insurance OperationsDepartment; Director, Facilities andServices Department; Director, HumanResources Department; Director,Corporate Finance and NegotiationsDepartment; and Director, Participantand Employer Appeals Department.Correspondence addressed to or repliedto by the Office of the Executive Directoris kept by the Deputy Executive Directorand Chief Operating Officer. The

PBGC’s address is: 1200 K Street, NW.,Washington, DC 20005–4026.

NOTIFICATION PROCEDURE:

Procedures are detailed in PBGCregulations: 29 CFR Part 2607.

RECORD ACCESS PROCEDURES:

Same as notification procedure.

CONTESTING RECORD PROCEDURES:


RECORD SOURCE CATEGORIES:

Individuals writing to the PBGC andthe PBGC’s responses.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

PBGC–2

SYSTEM NAME:

Disbursements—PBGC.

SECURITY CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Pension Benefit GuarantyCorporation, 1200 K Street NW.,Washington, DC 20005–4026.


Individuals who are consultants andvendors to the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEMS:

Payment vouchers, including SF1082.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

29 U.S.C. 1302.

PURPOSE(S):

This system of records is maintainedfor use in determining amounts to bepaid and in effecting payments by theDepartment of the Treasury toconsultants and vendors.


1. A record from this system ofrecords may be transmitted to theUnited States Department of Treasury toeffect payments to consultants andvendors.

General Routine Uses G1 through G7(see Prefatory Statement of GeneralRoutine Uses) apply to this system ofrecords.


Information may be disclosed to aconsumer reporting agency inaccordance with 31 U.S.C. 3711(f) (5U.S.C. 552a(b)(12)).



STORAGE:Records are maintained manually in

file folders.

RETRIEVABILITY:Records are indexed by name.

SAFEGUARDS:Records are kept in file cabinets in

areas of restricted access that are lockedafter office hours.

RETENTION AND DISPOSAL:Records created after June 30, 1975,

are destroyed 6 years and 3 months afterdate of voucher.

SYSTEM MANAGER(S) AND ADDRESS:Director, Financial Operation

Department, Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026.

NOTIFICATION PROCEDURE:Procedures are detailed in PBGC

regulations: 29 CFR Part 2607.

RECORD ACCESS PROCEDURES:Same as notification procedure.

CONTESTING RECORD PROCEDURES:Same as notification procedure.

RECORD SOURCE CATEGORIES:Individuals who are consultants and

vendors to the PBGC.

EXEMPTIONS CLAIMED FOR THE SYSTEM:None.

PBGC–3

SYSTEM NAME:Employee Payroll, Leave, and

Attendance Records—PBGC.

SECURITY CLASSIFICATION:Not applicable.


Corporation, 1200 K Street NW.,Washington, DC 20005–4026.


Employees of the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:Names; addresses; social security

numbers and employee numbers;earnings records; leave status and data;jury duty data; military leave data; timeand attendance records, includingnumber of regular, overtime, holiday,and compensatory hours worked; co-owner and/or beneficiary of bonds;marital status and number ofdependents; and notifications of

personnel actions. The records listedherein are included only as pertinent orapplicable to the individual employee.



to perform functions involvingemployee leave, attendance, andpayments, including determinationsrelating to the amounts to be paid toemployees, the distribution of payaccording to employee directions (forsavings bonds and allotments, tofinancial institutions, and for otherauthorized purposes), and taxwithholdings and other authorizeddeductions, and for statistical purposes.


1. A record from this system ofrecords may be disclosed to the UnitedStates Department of Labor to effectpayments to employees.






file folders and/or in automated form.

RETRIEVABILITY:Records are indexed by name and/or

employee or social security number.

SAFEGUARDS:Manual records are kept in file

cabinets in areas of restricted access thatare locked after office hours; access toautomated records is restricted.

RETENTION AND DISPOSAL:Records are maintained for various

periods of time, as provided in NationalArchives and Records AdministrationGeneral Records Schedule 2.

System manager(s) and address:Director, Financial Operations









Subject individual and the Office ofPersonnel Management.


None.

PBGC–4

SYSTEM NAME:

Employee Travel Records—PBGC.

SYSTEM CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026.


Employees of the PBGC who havefiled travel vouchers and relateddocuments.

CATEGORIES OF RECORDS IN THE SYSTEM:

Travel vouchers and relateddocuments filed by employees of thePBGC.


5 U.S.C. Chapter 57; 29 U.S.C. 1302.

PURPOSE(S):

This system of records is maintainedto perform functions related to travel onbehalf of the PBGC, includingdeterminations involving travelauthorization and arrangements anddocumentation of travel advances andreimbursements.


1. A record from this system ofrecords may be disclosed to the UnitedStates Department of Treasury to effectreimbursement of employees for travelexpenses.







file folders.




RETENTION AND DISPOSAL:Records are maintained for various

periods of time, as provided in NationalArchives and Records AdministrationGeneral Records Schedule 9.

SYSTEM MANAGER(S) AND ADDRESS:Director, Financial Operations






RECORD SOURCE CATEGORIES:PBGC employee vouchers.


PBGC–5

SYSTEM NAME:Personnel Files—PBGC.

SYSTEM CLASSIFICATION:Not applicable.




Employees and applicants foremployment with the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:Personnel records that the PBGC

maintains, including applications andrelated information for attorneysmaintained by the Office of the GeneralCounsel. (Records included in thepermanent Official Personnel Folder aremaintained as a system of records by theOffice of Personnel Management (OPM/GOVT–1) and are not included in thissystem of records.)


PURPOSE(S):This system of records is used in

carrying out authorized personnelfunctions, including the evaluation ofqualifications; determinations aboutstatus, eligibility, and rights andbenefits under pertinent laws andregulations governing federalemployment; and computations oflength of service.




None.





SAFEGUARDS:Manual records are kept in areas of

restricted access that are locked afteroffice hours; access to automatedrecords is restricted.

RETENTION AND DISPOSAL:Temporary personnel file records are

destroyed when the employee leaves thePBGC or 1 year after the file wasestablished, whichever is sooner.Applications for employment aredestroyed after the receipt of an OPMinspection report or 2 years after date ofapplication, whichever is sooner.Applications for training are destroyed5 years after date of application. Recordsrelating to claims for retirement and lifeinsurance benefits are maintained for 1year after a final determination on aclaim for benefits and then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:Director, Human Resources

Department, and Administrative Officer,Office of the General Counsel, PensionBenefit Guaranty Corporation, 1200 KStreet, NW., Washington, DC 20005–4026.







Subject individuals, present and pastemployers, and references given by anysubject individuals.


None.

PBGC–6

SYSTEM NAME:

Plan Participant and BeneficiaryData—PBGC.


Not applicable.

SYSTEM LOCATION:

Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026 and/orfield benefit administrator, planadministrator, and paying agentworksites.


Participants and beneficiaries interminating and terminated pensionplans covered by Title IV of theEmployee Retirement Income SecurityAct of 1974, as amended (‘‘ERISA’’).


Names, addresses, telephonenumbers, sex, social security numbersand other Social SecurityAdministration information, dates ofbirth, dates of hire, salary, marital status(including domestic relations orders),time of plan participation, eligibilitystatus, pay status, benefit data, health-related information, insuranceinformation where plan benefits areguaranteed by private insurers, andinitial and final PBGC determinations(29 CFR 2606.22 and 2606.60). Therecords listed herein are included onlyas pertinent or applicable to theindividual plan participant orbeneficiary.


29 U.S.C. 1055, 1056(d)(3), 1302,1321, 1322, 1322a, 1341, 1342 and 1350.

PURPOSE(S):

This system of records is maintainedfor use in determining eligibility forbenefits under plans covered by Title IVof ERISA, including determinations asto the participants and beneficiariesentitled to benefits and the amounts ofsuch benefits to be paid, and in makingbenefit payments and collecting benefitoverpayments.



1. A record from this system ofrecords may be disclosed to thirdparties, such as banks, insurancecompanies, or trustees, to make benefitpayments to plan participants andbeneficiaries.

2. A record from this system ofrecords may be disclosed, in furtheranceof proceedings under Title IV of ERISA,to a contributing sponsor (or otheremployer who maintained the plan),including any predecessor or successor,and any member of the same controlledgroup.

3. A record from this system ofrecords may be disclosed, upon requestfor a purpose authorized under Title IVof ERISA, to an official of a labororganization recognized as the collectivebargaining representative of theindividual about whom a request ismade.

4. Names, addresses, and telephonenumbers of participants andbeneficiaries and information pertainingto debts owed by such participants andbeneficiaries to the PBGC may bedisclosed to a debt collection agency orfirm to collect a claim. Disclosure shallbe made only under a contract thatbinds any such contractor or employeeof such contractor to the criminalpenalties of the Privacy Act. Theinformation so disclosed shall be usedexclusively pursuant to the terms andconditions of such contract and shall beused solely for the purposes prescribedtherein. The contract shall provide thatthe information so disclosed shall bereturned at the conclusion of the debtcollection effort.

5. The name and social securitynumber of a participant employed orformerly employed as a pilot by acommercial airline may be disclosed tothe Federal Aviation Administration(‘‘FAA’’) to obtain information relevantto the participant’s eligibility orcontinued eligibility for disabilitybenefits.

6. Names and social security numbersof plan participants and beneficiariesmay be disclosed to the InternalRevenue Service (‘‘IRS’’) to obtaincurrent addresses from tax returninformation and to the Social SecurityAdministration (‘‘SSA’’) to obtaincurrent addresses under the SSA’sLetter Forwarding Service. Suchinformation will be disclosed only if thePBGC has no address for an individualor if mail sent to the individual at thelast known address is returned asundeliverable.

7. Names and last known addressesmay be disclosed to an official of a labor

organization recognized as the collectivebargaining representative ofparticipants for posting in union hallsor for other means of publication toobtain current addresses of participantsand beneficiaries. Such information willbe disclosed only if the PBGC has noaddress for an individual or if mail sentto the individual at the last knownaddress is returned as undeliverable.

8. Names, social security numbers,last known addresses, and dates of birthand death may be disclosed to privatefirms and agencies that provide locatorservices, including credit reportingagencies and debt collection firms oragencies, to locate participants andbeneficiaries. Such information will bedisclosed only if the PBGC has noaddress for an individual or if mail sentto the individual at the last knownaddress is returned as undeliverable.Disclosure shall be made only under acontract that binds the firm or agencyproviding the service and its employeesto the criminal penalties of the PrivacyAct. The information so disclosed shallbe used exclusively pursuant to theterms and conditions of such contractand shall be used solely for thepurposes prescribed therein. Thecontract shall provide that theinformation so disclosed shall bereturned at the conclusion of thelocating effort.

9. Names and last known addressesmay be disclosed to licensees of theUnited States Postal Service (‘‘USPS’’)to obtain current addresses under theUSPS’s National Change of AddressProgram. Such information will bedisclosed only if the PBGC has noaddress for an individual or if mail sentto the individual at the last knownaddress is returned as undeliverable.Disclosure shall be made only under acontract that binds the licensee of thePostal Service and its employees to thecriminal penalties of the Privacy Act.The information so disclosed shall beused exclusively pursuant to the termsand conditions of such contract andshall be used solely for the purposesprescribed therein. The contract shallprovide that the information sodisclosed shall be returned at theconclusion of the locating effort.

10. Names and last known addressesmay be disclosed to other participantsin, and beneficiaries under, a pensionplan to obtain the current addresses ofindividuals. Such information will bedisclosed only if the PBGC has noaddress for an individual or if mail sentto the individual at the last knownaddress is returned as undeliverable.

General Routine Uses G1 and G4through G7 (see Prefatory Statement of

General Routine Uses) apply to thissystem of records.




STORAGE:

Records are maintained manually infile folders and/or in automated form.

RETRIEVABILITY:

Records are indexed by plan andparticipant and/or beneficiary name.

SAFEGUARDS:

Manual records are kept in areas ofrestricted access that are locked afteroffice hours; access to automatedrecords is restricted.


Records for plan participants aretransferred to the Washington NationalFederal Records Center 6 months aftereither the final payment to a participantand/or beneficiary or the PBGC’s finaldetermination that a participant orbeneficiary is not entitled to anybenefits and are destroyed 7 years aftersuch payment or determination.


Director, Insurance OperationsDepartment, Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026.





CONTESTING RECORDS PROCEDURE:



Plan administrators, participants andbeneficiaries, the FAA, the SSA, labororganization officials, firms or agenciesproviding locator services, and USPSlicensees.


None.

PBGC–7

System deleted.

PBGC–8

SYSTEM NAME:

Employee Relations Files—PBGC.



Not applicable.

SYSTEM LOCATION:



PBGC employees with respect towhom the PBGC has initiated areduction in force or a disciplinary orperformance-based action and PBGCemployees who have initiatedgrievances.


Notices of reductions in force ordisciplinary or performance-basedactions and employees’ replies to suchnotices, employees’ notices of grievanceand appeal, investigative reports,records of proceedings, appealdecisions, and related information.(Records of actions proposed or taken inaccordance with 5 CFR Part 315(Subpart H or I) or Part 752 aremaintained as a system of records bythe Office of Personnel Management(‘‘OPM’’) (OPM/GOVT–3) and are notincluded in this system of records.)


PURPOSE(S):

This system of records is maintainedfor use in decisionmaking involvinggrievances and appeals by PBGCemployees regarding compensation,benefits, or other terms and conditionsof employment, including terms andconditions of employment under anapplicable collective bargainingagreement, and reductions in force andcertain disciplinary and performance-based actions involving PBGCemployees.


1. A record from this system ofrecords may be disclosed to the OPM,the Merit Systems Protection Board, theFederal Labor Relations Authority, orthe Equal Employment OpportunityCommission to carry out its authorizedfunctions (under 5 U.S.C. 1103, 1204,7105, and 42 U.S.C. 2000e–4, in thatorder).



None.


STORAGE:

Records are retained manually in filefolders.

RETRIEVABILITY:

Records are indexed by employeename.

SAFEGUARDS:

Records are kept in lockable filecabinets that are locked after officehours in areas of restricted access.


Files are destroyed 4 years after thecase is closed.


Director, Human ResourcesDepartment, Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026.








Records in this system of records areprovided by an affected employee, theemployee’s supervisors, and other PBGCemployees and from investigations andinterviews.


None.

PBGC–9

SYSTEM NAME:

Plan Participant and BeneficiaryAddress Identification File—PBGC.


Not applicable.

SYSTEM LOCATION:



Certain participants and beneficiariesin terminating and terminated pensionplans covered by Title IV of theEmployee Retirement Income SecurityAct of 1974, as amended.


Names, social security numbers,addresses, and names of pension plans.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:26 U.S.C. 6103 and 26 CFR

301.6103(l)(2)–3; 29 U.S.C. 1055,1056(d)(3), 1302, 1321, 1322, 1322a,1341, 1342, and 1350.


to locate participants and beneficiariesunder pension plans covered by Title IVof ERISA.


1. A record from this system ofrecords may be disclosed only to aperson to whom disclosure is permittedby 26 U.S.C. 6103 and 26 CFR301.6103(i)–1.


None.




RETRIEVABILITY:Records are indexed by participant or

beneficiary name and social securitynumber.

SAFEGUARDS:Records are kept in locked file

cabinets in areas of restricted accessunder procedures that meet IRSsafeguarding standards.

RETENTION AND DISPOSAL:Records of a participant or beneficiary

who verifies the address are transferredto PBGC–6. All other records areretained for 2 years from the date therequest was sent to the IRS and then aresent to the IRS for disposal or aredestroyed.

SYSTEM MANAGER(S) AND ADDRESS:Director, Insurance Operations






RECORD SOURCE CATEGORIES:PBGC–6 and the IRS.



PBGC–10

SYSTEM NAME:Administrative Appeals File—PBGC.

SYSTEM CLASSIFICATION:Not applicable.




Participants and beneficiaries interminated pension plans covered byTitle IV of the Employee RetirementIncome Security Act of 1974, asamended, who have filed administrativeappeals with the PBGC’s Appeals Boardpursuant to 29 CFR 2606.1(b)(5), (6), (7),(8), or (9), Rules for AdministrativeReview of Agency Decisions.

CATEGORIES OF RECORDS IN THE SYSTEM:Names of pension plans, names of

participants and beneficiaries, andpersonal information such as addresses,social security numbers, sex, dates ofbirth, dates of hire, salary, marital status(including domestic relations orders),medical records, dates ofcommencement of plan participation oremployment, statements regardingemployment, dates of termination ofplan participation or retirement, benefitpayment data, pay status, SocialSecurity Administration (‘‘SSA’’)information, insurance claims andawards, workman’s compensationawards, calculations of benefit amounts,calculations of amounts subject torecapture, correspondence and otherinformation relating to appeals, andinitial and final PBGC determinations(29 CFR 2606.22 and 2606.60). Therecords listed herein are included onlyas pertinent or applicable to theindividual participant and/orbeneficiary.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:29 U.S.C. 1055, 1056(d)(3), 1302,

1321, 1322, 1322a, 1341, 1342, 1345,and 1350.


for use in appeals of matters specifiedin 29 CFR 2606.1(b)(5), (6), (7), and (8)and in subsequent agency actions.


1. A record from this system ofrecords may be disclosed to third partieswho may be aggrieved by the decisionof the Appeals Board under 29 CFR2606.58, including disclosure to the

contributing sponsor (or other employerwho maintained the plan) including anypredecessor or successor, and anymember of the same controlled group.

2. A record from this system ofrecords may be disclosed, upon request,to a representative who has a power ofattorney for the subject individual, ifnecessary under 29 CFR 2606.6.

3. A record from this system ofrecords may be disclosed to thirdparties, such as banks, insurancecompanies, and trustees, to makebenefit payments to plan participantsand beneficiaries.

4. A record from this system ofrecords may be disclosed to thirdparties, such as contractors and expertwitnesses, to obtain expert analysis ofan issue necessary to resolve an appeal.

5. The name and social securitynumber of a participant may bedisclosed to an official of a labororganization recognized as the collectivebargaining representative of theparticipant to obtain informationrelevant to the resolution of an appeal.


None.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAIN AND DISPOSINGOF RECORDS IN THE SYSTEM:



RETRIEVABILITY:Records are indexed by participant or

beneficiary name, plan name, andappeal number or extension requestnumber.

SAFEGUARDS:Manual records are kept in lockable

file cabinets that are locked after officehours in areas of restricted access;access to automated records isrestricted.

RETENTION AND DISPOSAL:Records for a closed appeal file are

retained for 1 full fiscal year after theAppeals Board’s final determination.Thereafter, the closed appeal file istransferred to the Washington NationalFederal Records Center and destroyed 6years later.

SYSTEM MANAGER(S) AND ADDRESS:Clerk of the Appeals Board,

Participant and Employer AppealsDepartment, Pension Benefit GuarantyCorporation, 1200 K Street, NW.,Washington, DC 20005–4026.








Information in this system of recordsmay be received from the planadministrator, the contributing sponsor(or other employer who maintained theplan), including any predecessor,successor, or member of the samecontrolled group, the labor organizationrecognized as the collective bargainingrepresentative of a participant, the SSA,a third party affected by the decision,and the participant or beneficiary.


None.

PBGC–11

SYSTEM NAME:

Call Detail Records—PBGC.


Not applicable.

SYSTEM LOCATION:



Employees, contract employees andconsultants of the PBGC, and officials ofa labor organization representing PBGCemployees who have made longdistance or other toll calls from PBGCtelephones or by using telephone callingcards issued to the PBGC.


Records relating to use of PBGCtelephones and telephone calling cardsto place toll calls and receive calls;records indicating assignment oftelephone extension numbers andtelephone calling cards to employeesand other covered individuals; recordsrelating to location of telephoneextensions.


29 U.S.C. 1302.

PURPOSE(S):

This system of records is maintainedto control the costs of operating thePBGC’s telephone system by, amongother things, monitoring telephoneusage by PBGC employees and othercovered individuals and obtainingreimbursement for unauthorized tollcalls.



1. A record from this system ofrecords may be disclosed to contractemployees and consultants of the PBGCand officials of a labor organizationrepresenting PBGC employees todetermine individual responsibility fortelephone calls, but only to the extentthat such disclosures consist ofcomprehensive lists of called numbersand length of calls.

General Routine Uses G1, G3, G4, G5,G7, and G8 (see Prefatory Statement ofGeneral Routine Uses) apply to thissystem of records.





file folders and in automated form.

RETRIEVABILITY:Records are retrieved by name of

employee or other covered individual,telephone extension number, telephonecalling card number, or telephonenumber called.

SAFEGUARDS:Manual records are kept in areas of

restricted access that are locked afteroffice hours; access to automatedrecords is restricted.

RETENTION AND DISPOSAL:Records are retained for 2 years and

then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:Director, Facilities and Services






RECORD SOURCE CATEGORIES:Telephone and telephone calling card

assignment records; call detail listings;private telephone billing information.


PBGC–12

SYSTEM NAME:Personnel Security Investigation

Records—PBGC [formerly includedwithin PBGC–5].

SECURITY CLASSIFICATION:Not applicable.


Corporation, 1200 K Street NW.,Washington, DC 20005–4026.


Employees and applicants foremployment with the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:Investigatory material regarding an

individual’s character, conduct, andbehavior, including: records of arrestsand convictions for violations of law;reports of interviews with the subject ofthe investigation and with persons suchas present and former supervisors,neighbors, co-workers, associates, andeducators; reports about thequalifications of an individual for aspecific position; reports of inquiries tolaw enforcement agencies, employers,and educational institutions; reports ofaction after an Office of PersonnelManagement (‘‘OPM’’) or FederalBureau of Investigation fieldinvestigation; and other information orcorrespondence relating to or developedfrom the above.

This system of records is distinct fromthe OPM’s Privacy Act system ofrecords, OPM/Central-9 (PersonnelInvestigation Records), which coversrecords of personnel securityinvestigations initiated by the OPM withrespect to employees or applicants foremployment with the PBGC.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 CFR 5.2(c) and (d); 29 U.S.C. 1302.


to document investigations ofindividuals’ character, conduct, andbehavior. Records are used, inaccordance with federal personnelregulations, in making determinationsrelating to an individual’s suitabilityand fitness for PBGC employment,access to information, and securityclearance.


1. A record from this system ofrecords may be disclosed to any sourcefrom which information is requested inthe course of an investigation, to the

extent necessary to identify theindividual, inform the source of thenature and purpose of the investigation,or identify the type of informationrequested.

2. A record from this system ofrecords may be disclosed to the OPM,the Merit Systems Protection Board, theFederal Labor Relations Authority, orthe Equal Employment OpportunityCommission to carry out its authorizedfunctions (under 5 U.S.C. 1103, 1204,and 7105, and 42 U.S.C. 2000e-4, in thatorder).



None.



file folders.




RETENTION AND DISPOSAL:Records in cases in which favorable

determinations are made are destroyedpromptly after the determination.Records of cases in which unfavorabledeterminations are made are destroyed1 year after issuance if litigation has notbeen initiated and otherwise uponcompletion of litigation.

SYSTEM MANAGER(S) AND ADDRESS:Director, Human Resources

Department, Pension Benefit GuarantyCorporation, 1200 K Street NW.,Washington, DC 20005–4026.





RECORD SOURCE CATEGORIES:Information contained in this system

of records is obtained from thefollowing sources: (a) applications andother personnel and security forms, (b)personal interviews with the individualthat is the subject of the investigation,


employers, references, neighbors, andassociates, (c) investigative records andnotices of personnel actions furnishedby other federal agencies, (d) sourcessuch as educational institutions, policedepartments, credit bureaus, probationofficials, prison officials, and doctors,and (e) public records such as courtfilings and publications such asnewspapers, magazines, andperiodicals.

EXEMPTIONS CLAIMED FOR THE SYSTEM:This system of records is exempt from

the access and contest and certain otherprovisions of the Privacy Act (5 U.S.C.552a(c)(3), (d), (e)(1), (e)(4)(G) through(I), and (f)) to the extent that disclosurewould reveal the identity of a sourcewho furnished information to the PBGCunder an express promise ofconfidentiality or, prior to September27, 1975, under an implied promise ofconfidentiality (5 U.S.C. 552a(k)(5)).


RAILROAD RETIREMENT BOARD

1996 Railroad Experience RatingProclamations

AGENCY: Railroad Retirement Board.ACTION: Notice.

SUMMARY: The Railroad RetirementBoard is required by paragraph (1) ofsection 8(c) of the RailroadUnemployment Insurance Act (Act) (45U.S.C. 358(c)(1)), as amended by PublicLaw 100–647, to proclaim by October 15of each year certain system-wide factorsused in calculating experience-basedemployer contribution rates for thefollowing year. The Board is furtherrequired by section 8(c)(2) of the Act topublish the amounts so determined andproclaimed. Pursuant to section 8(c)(2),the Board gives notice of the followingsystem-wide factors used in thecomputation of individual employercontribution rates for 1996:.

(1) The balance to the credit of theRailroad Unemployment Insurance(RUI) Account, as of June 30, 1995, is$184,398,531.65;

(2) The balance of any new loans tothe Account, including accrued interest,is zero;

(3) The system compensation base in$2,818,188,567.38;

(4) The system unallocated chargebalance is ¥$171,450,992.09;

(5) The pooled credit ratio is zero;(6) The pooled charge ratio is zero;(7) The surcharge rate is zero.

DATES: The balance in notice (1) and thedeterminations made in notices (3)

through (7) are based on data as of June30, 1995. The balance in notice (2) isbased on data as of September 30, 1995.The determinations made in notices (5)through (7) apply to the calculation,under section 8(a)(1)(C) of the Act, ofemployer contribution rates for 1996.ADDRESSES: Secretary to the Board,Railroad Retirement Board, 844 RushStreet, Chicago, Illinois 60611.FOR FURTHER INFORMATION CONTACT:Gerald E. Helmling, Chief of ExperienceRating, Bureau of Unemployment andSickness Insurance, Railroad RetirementBoard, 844 North Rush Street, Chicago,Illinois 60611–2092, telephone (312)751–4567.

Dated: November 6, 1995.By Authority of the Board.

Beatrice Ezerski,Secretary to the Board.[FR Doc. 95–28112 Filed 11–14–95; 8:45 am]BILLING CODE 7905–01–M

SECURITIES AND EXCHANGECOMMISSION

[Rel. No. IC–21484; 812–9826]

First American Investment Funds, Inc.and First Bank National Association;Notice of Application

November 8, 1995.AGENCY: Securities and ExchangeCommission (‘‘SEC’’).ACTION: Notice of Application forExemption under the InvestmentCompany Act of 1940 (the ‘‘Act’’).

APPLICANTS: First American InvestmentFunds, Inc. (‘‘FAIF’’) and First BankNational Association (the ‘‘Adviser’’).RELEVANT ACT SECTIONS: Order requestedunder section 17(b) granting anexemption from section 17(a), andpursuant to section 17(d) and rule 17d–1.SUMMARY OF APPLICATION: Applicantsrequest an order under section 17(b)granting an exemption from section17(a), and pursuant to section 17(d) andrule 17d–1 to permit the Stock Fund, aseries of FAIF, to acquire all of theassets of the Limited Volatility StockFund, another series of FAIF. Because ofcertain affiliations, the two funds maynot rely on rule 17a–8 under the Act.FILING DATES: The application was filedon October 18, 1995.HEARING OR NOTIFICATION OF HEARING: Anorder granting the application will beissued unless the SEC orders a hearing.Interested persons may request ahearing by writing to the SEC’sSecretary and serving applicants with a

copy of the request, personally or bymail. Hearing requests should bereceived by the SEC by 5:30 p.m. onDecember 4, 1995, and should beaccompanied by proof of service on theapplicants, in the form of an affidavit or,for lawyers, a certificate of service.Hearing requests should state the natureof the writer’s interest, the reason for therequest, and the issues contested.Persons who wish to be notified of ahearing may request notification bywriting to the SEC’s Secretary.ADDRESSES: Secretary, SEC, 450 FifthStreet, N.W., Washington, D.C. 20549.Applicants: FAIF, 680 East SwedesfordRoad, Wayne, Pennsylvania 19087. TheAdviser, First Bank Place, 601 SecondAvenue South, Minneapolis, Minnesota55480.FOR FURTHER INFORMATION CONTACT:Sarah A. Wagman, Staff Attorney, at(202) 942–0654, or Alison E. Baur,Branch Chief, at (202) 942–0564 (Officeof Investment Company Regulation,Division of Investment Management).SUPPLEMENTARY INFORMATION: Thefollowing is a summary of theapplication. The complete applicationmay be obtained for a fee at the SEC’sPublic Reference Branch.

Applicants’ Representations1. FAIF is an open-end management

investment company organized as aMaryland corporation and registeredunder the Act. FAIF currently offerstwenty-two series of shares. The Adviseracts as investment adviser to eachseries. The Adviser is a wholly-ownedsubsidiary of First Bank System, Inc.(‘‘FBS’’).

2. First Trust National Association(‘‘First Trust’’) also is a wholly-ownedsubsidiary of FBS, and acts as custodianfor FAIF. First Trust and its affiliateshold of record in their own name andin the name of their nominee more than5% of the outstanding shares of theLimited Volatility Stock Fund and theStock Fund, and they hold or sharevoting and/or investment discretionwith respect to a portion of such shares.All such shares are held for the benefitof others in a trust, agency, custodial, orother fiduciary or representativecapacity. First Trust and its affiliates donot have any economic interest in anyof the shares.

3. Applicants propose that theLimited Volatility Stock Fund (the‘‘Acquired Fund’’) be combined withand into the Stock Fund (the ‘‘AcquiringFund;’’ the Acquired Fund and theAcquiring Fund collectively are referredto as the ‘‘Funds’’) in a tax-freereorganization (the ‘‘Reorganization’’).In the Reorganization, the Acquiring


Fund will acquire all of the assets andliabilities of the Acquired Fund inexchange for shares of the AcquiringFund, which then will be distributedpro rata to former shareholders of theAcquired Fund.

4. The Acquiring Fund and theAcquired Fund both offer shares inthree classes: Class A, Class B, and ClassC. Each class of the Acquiring Fund hasthe same charges and fee structure asthe corresponding class of the AcquiredFund. In the Reoganization, Class Ashares of the Acquired Fund would beexchanged for Class A shares of theAcquiring Fund, Class B shares wouldbe exchanged for Class B shares, andClass C shares would be exchanged forClass C shares. The number ofAcquiring Fund shares to be issued inexchange for each Acquired Fund shareof each class will be determined bydividing the net asset value of oneAcquiring Fund share of such class bythe net asset value of one AcquiredFund share of the same class as of theeffective time of the Reorganization(before giving effect thereto).

5. At a meeting on September 13,1995, the Board of Directors of FAIF,including the disinterested directors,and the findings required under rule17a–8 and unanimously approved theproposed Reorganization. In doing so,the Board considered (a) thecompatibility of the investmentobjectives, policies and restrictions ofthe Acquired Fund and the AcquiringFund; (b) the expected advantages of theReorganization to the Acquired Fundand the Acquiring Fund; (c) the tax-freenature of the Reorganization; (d) theterms and conditions of theReorganization; (e) the costs associatedwith the Reorganization, and theagreement of the Adviser to bear suchcosts; (f) the investment advisory andrule 12b–1 fees, and the sales chargesapplicable to the Acquired Fund and theAcquiring Fund; and (g) the potentialbenefits to the Adviser of theReorganization.

6. In considering the compatibility ofthe two Funds, the Board noted that theinvestment objectives of the AcquiredFund and the Acquiring Fund aresimilar, in that both Funds seek capitalappreciation and income. The principaldifference in objectives is that theAcquired Fund seeks to maintain a five-year historical performance relative tothe S&P 500 at a beta level no greaterthan .95 and to provide current incomeat a level that exceeds that of the S&P500, while the Acquiring Fund’sobjectives are not stated with such adegree of specificity. Nevertheless, theBoard noted that during the five yearsended June 30, 1995, the Acquiring

Fund met the Acquired Fund’s objectivewith respect to beta relative to the S&P500. In addition, the investment policiesand restrictions of the Fund aresubstantially similar.

7. The expected advantages to theAcquired Fund and Acquiring Fund thatthe Board considered include theexpected benefits to shareholders of theAcquired Fund of the Acquiring Fund’slower expense ratio; the elimination ofcertain duplicative expenses of separatefunds; the spreading of relatively fixedexpenses across a larger asset base; andthe facilitation of portfolio management.The potential benefits to the Adviserconsidered by the Board includepotentially reduced expenses foradvisory fee waivers to the extent thatthe total expense ratios before waiversof the combined Funds decrease as aresult of the Reorganization. The Boardfound that the expected advantages tothe Acquiring Fund and the AcquiredFund outweighed the potential benefitsto the Adviser.

8. Applicants agree not to make anymaterial changes to the Reorganizationagreement that affect the applicationwithout the prior approval of the SEC.Applicants also agree not to waive,amend, or modify any provision of theReorganization agreement that isrequired by state or federal law in orderto effect the Reorganization.

9. A registration statement on FormN–14 with respect to the proposedReorganization will be filed with theSEC. A special meeting of shareholdersof the Acquired Fund will be held toconsider and act upon theReorganization.

10. As a result of the proposedReorganization, former holders of ClassA shares, Class B shares, and Class Cshares of the Acquired Fund wouldbecome holders of classes of shares inthe Acquiring Fund that are subject tothe same sales charges, rule 12b–1distribution and shareholder servicingfees, and investment advisory fees as theAcquired Fund shares that theyformerly held. Shareholders whoformerly held classes of shares of theAcquired Fund that were subject to acontingent deferred sales charge wouldreceive credit for the period that theyheld such shares in calculating the timeperiod with respect to the contingentdeferred sales charge applicable toshares of the corresponding classes ofthe Acquiring Fund received in theReorganization.

11. The Adviser currently waives itsfee for both the Acquired Fund and theAcquiring Fund under certaincircumstances. The Adviser representsthat its current advisory fee waivers willremain in effect through January 31,

1996, which is the earliest date uponwhich the proposed Reorganizationwould take effect. The Adviser has notyet determined what fee waivers, if any,will be in effect after that date.However, if any waiver is made afterthat date, the Adviser intends that thetotal expense caps thereunder would bethe same for the Acquired Fund and theAcquiring Fund. Thus, in no event willthe shareholders of the Acquired Fundbecome subject to a less advantageoustotal expense cap as a result of theReorganization. In addition, thedifferential among classes in the totalexpense cap agreed to by the Adviserwill be equal to the differential in rule12b–1 fees applicable to the respectiveclasses.

Applicants’ Legal Analysis1. Section 2(a)(3) of the Act provides,

in pertinent part, that any persondirectly or indirectly owning,controlling, or holding with power tovote 5% or more of the outstandingvoting securities of any other person isan affiliated person of that person.

2. Section 17(a), in pertinent part,prohibits an affiliated person of aregistered investment company, or anyaffiliated person of such a person, actingas principal, from selling to orpurchasing from such registeredcompany, or any company controlled bysuch registered company, any securityor other property.

3. Section 17(b) provides that the SECmay exempt a transaction from theprovisions of section 17(a) if evidenceestablishes that the terms of theproposed transaction, including theconsideration to be paid, are reasonableand fair and do not involveoverreaching on the part of any personconcerned, and that the proposedtransaction is consistent with the policyof the registered investment companyconcerned and with the generalpurposes of the Act.

4. Rule 17a–8 exempts from theprohibitions of section 17(a) mergers,consolidations, or purchases or sales ofsubstantially all of the assets ofregistered investment companies thatare affiliated persons solely by reason ofhaving a common investment adviser,common directors, and/or commonofficers, provided that certainconditions set forth in the rule aresatisfied.

5. As noted above, the AcquiringFund and the Acquired Fund have acommon investment adviser. Thus, theReorganization would be exempt fromthe provisions of section 17(a) by virtueof rule 17a–8, but for the fact that theAcquiring Fund and the Acquired Fundmay be affiliated for reasons other than


1 15 U.S.C. 78s(b)(1).

those set forth in the rule. First Thrust,which is under common ownership andcontrol with the Adviser, and itsaffiliates hold of record in their ownname and in the name of their nomineemore than 5% of the outstanding votingsecurities of the Acquiring Fund and theAcquired Fund and hold or share votingand/or investment discretion withrespect to a portion of such shares.Because of this greater than 5% holding,the Acquiring Fund is an affiliatedperson of First Trust under section2(a)(3)(B). First Trust, in turn, is anaffiliated person of the Adviser undersection 2(a)(3)(C) by virtue of theircommon ownership and control by FBS.The Adviser, in turn, is an affiliatedperson of the Acquired Fund underSection 2(a)(3)(E) by virtue of itsinvestment advisory relationship withthe Funds. Therefore, the AcquiringFund is an affiliated person of anaffiliated person of the Acquired Fund.

6. Section 17(d) prohibits anyaffiliated person of, or principalunderwriter for, a registered investmentcompany, or any affiliated person ofsuch a person, acting as principal, fromeffecting any transaction in which suchregistered company is a joint, or jointand several, participant with suchperson in contravention of such rulesand regulations as the SEC mayprescribe for the purpose of limiting orpreventing participation by suchregistered company on a basis differentfrom, or less advantageous than, that ofsuch other participant. Rule 17d–1provides that no joint transactioncovered by the rule may beconsummated unless the SEC grantsexemptive relief after consideringwhether the participation of theinvestment company is consistent withthe provisions, policies and purposes ofthe Act and the extent to which theparticipation is on a basis differentfrom, or less advantageous than, that ofother participants.

7. The proposed sale of assets by theAcquired Fund to the Acquiring Fundand the related transactions involved inthe Reorganization might be deemed tobe a joint enterprise or other jointarrangement in which a registeredinvestment company and affiliatedperson of such company areparticipants.

8. Applicants submit that theReorganization meets the standards forrelief under section 17(b) and rule 17d–1, in that the terms of theReorganization, including theconsideration to be paid or received, arereasonable and fair and do not involveoverreaching on the part of any personconcerned; the Reorganization isconsistent with the policy of the

Acquired Fund and the Acquiring Fund;the Reorganization is consistent withthe general purposes of the Act; theparticipation of the Acquired Fund andthe Acquiring Fund in theReorganization on the basis proposed isconsistent with the provisions, policies,and purposes of the Act; and the extentto which such participation is on a basisdifferent from or less advantageous thanthat of other participants does notoutweigh the advantages of suchparticipation.

For the Commission, by the Division ofInvestment Management, under delegatedauthority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–28167 Filed 11–14–95; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–36465; File No. SR–NYSE–95–38]

Self-Regulatory Organizations; Noticeof Filing and Immediate Effectivenessof Proposed Rule Change by the NewYork Stock Exchange, Inc. Relating tothe Revision of Equity TransactionCharges

Nobember 8, 1995.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’),1 notice is hereby given that onNovember 7, 1995 the New York StockExchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘Commission’’) theproposed rule change as described inItems I, II, and III below, which Itemshave been prepared by the self-regulatory organization. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The NYSE plans to implement, as ofJanuary 1996 trading, rate revisions toits equity transaction charges. Includedin this revision are the elimination of allsystem credits, a reduction of chargesfor shares 5,000 and under, theelimination of charges for non-marketmaker system orders from 100 to 2,099shares, the elimination of the growthlimitation of 4% over 1988 levels, andthe implementation of a monthly$400,000 transaction charge cap perfirm. The text of the proposed rulechange is set forth below [new text isitalicized; deleted text is bracketed]:

Equity TransactionCharges 1995 1996

Per Share Charge—per transaction:

System Ordersfrom 100–2,099 shares 1 $0.00265 No

ChargeFloor Executed

Trades andSystemTrades—great-er than 2,099shares:

First 5,000shares ...... $0.00265 $0.00190

5001 to710,000(previously672,500) .. $0.00010 $0.00010

Subsequentshares ............. No

chargeNo

chargeSystem Credits:

Credit per eligibleorder placedthrough CMS(100–2,099shares) ............ $0.30 None

Additional cred-it—Individual orAgency Marketorder from100–2,099shares [(1)] ..... $1.30 None

Floor Brokerage:Credit on Floor Bro-kerage Paid Out(percent) ................ 1.2 1.2

Fee Limitations:Equity Commis-

sions (percent) 2 2Percent Growth

over 1988 (per-cent) ................ 4 None

Monthly Fee 2 ..... None $400,000

1 Not inclusive of orders of a member ormember organization trading as an agent forthe account of a nonmember competing mar-ket maker.

Competing Market Maker: a specialist ormarket-maker registered as such on a reg-istered stock exchange (other than the NYSE),or a market-maker bidding and offering over-the-counter, in a New York Stock Exchange-traded security.

2 Monthly Fee Limitation will be removedJanuary 1, 1999 and will be indexed annuallyto average daily volume.

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission, theself-regulatory organization includedstatements concerning the purpose ofand basis for the proposed rule changeand discussed any comments it receivedon the proposed rule change. The textof these statements may be examined atthe places specified in Item IV below.The self-regulatory organization hasprepared summaries, set forth in


2 15 U.S.C. 78f(b)(4).3 15 U.S.C. 78s(b)(3)(A).4 17 CFR 240.19b–4. 5 17 CFR 200.30–3(a)(12).

Sections A, B, an C below, of the mostsignificant aspects of such statements.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

1. Purpose

The purpose of the change is torespond to the needs of the Exchange’sconstituents with respect to overallcompetitive market conditions andcustomer satisfaction.

2. Statutory Basis

The basis under the Act for theproposed rule change is the requirementunder Section 6(b)(4) 2 that theExchange have rules that provide for theequitable allocation of reasonable dues,fees, and other charges among itsmembers, issuers and other personsusing its services.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The Exchange believes the proposedfee change will not impose any burdenon competition that is not necessary orappropriate in the furtherance of thepurposes of the Act.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received fromMembers, Participants, or Others

The Exchange has not solicited, anddoes not intend to solicit, commentsregarding the proposed rule change. TheExchange has not received anyunsolicited written comments frommembers or other interested parties.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

The foregoing rule change constitutesor changes a due, fee, or other chargeimposed by the Exchange and, therefore,has become effective pursuant toSection 19(b)(3)(A) of the Act 3 andsubparagraph (e) of Rule 19b–4thereunder.4

At any time within sixty days of thefiling of such proposed rule change, theCommission may summarily abrogatesuch rule change if it appears to theCommission that such action isnecessary or appropriate in the publicinterest, for the protection of investors,or otherwise in furtherance of thepurposes of the Act.

IV. Solicitation of CommentsInterested persons are invited to

submit written data, views, andarguments concerning the foregoing.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of thesubmission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. § 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling also will be available forinspection and copying at the principaloffice of the New York Stock Exchange.All submissions should refer to File No.SR–NYSE–95–38 and should besubmitted by December 6, 1995.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.5

Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–28168 Filed 11–14–95; 8:45 am]BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster Loan Area #2813]

Florida; Declaration of Disaster LoanArea (Amendment #1)

The above numbered Declaration ishereby amended on October 25 andOctober 30, 1995, to include theCounties of Calhoun, Taylor, andWakulla in the State of Florida as adisater area due to damages caused byHurricane Opal which occurred October4 through October 11, 1995.

In addition, applications for economicinjury loans from small businesseslocated in the contiguous counties ofDixie, Jefferson, Lafayette, Leon, andMadison in Florida may be filed untilthe specified date at the previouslydesignated location. Additionally, DadeCounty, which was inadvertentlyomitted from the original declaration isalso a contiguous county.

All other information remains thesame; i.e., the termination date for filingapplications for physical damage is

December 3, 1995, and for loans foreconomic injury, the deadline is July 5,1996.

(Catalog of Federal Domestic AssistanceProgram Nos. 59002 and 59008

Dated: November 7, 1995Herbert L. MitchellDeputy Associate Administrator for DisasterAssistance[FR Doc. 95–28232 Filed 11–14–95; 8:45 am]BILLING CODE 8025–01–P


Florida; Declaration of Disaster LoanArea

As a result of the President’s majordisaster declaration on October 27,1995, I find that Martin and Palm BeachCounties in the State of Floridaconstitute a disaster area due todamages caused by severe storms andflooding on October 13, 1995 andcontinuing. Applications for loans forphysical damages may be filed until theclose of business on December 26, 1995,and for loans for economic injury untilthe close of business on July 29, 1996at the address listed below:

U.S. Small Business AdministrationDisaster Area 2 Office One BaltimorePlace, Suite 300 Atlanta, GA 30308

or other locally announced locations. Inaddition, applications for economicinjury loans from small businesseslocated in the following contiguouscounties may be filed until the specifieddate at the above location: Broward,Hendry, Okeechobee and St. Lucie.

Interest rates are:For Physical Damage: Percent

Homeowners with creditavailable elsewhere ............. 8.000

Homeowners without creditavailable elsewhere ............. 4.000

Businesses with credit avail-able elsewhere ..................... 8.000

Businesses and non-profit or-ganizations without creditavailable elsewhere ............. 4.000

Others (including non-profitorganizations) with creditavailable elsewhere ............. 7.125

For Economic Injury: Businessesand small agricultural coopera-tives without credit availableelsewhere .................................... 4.000

The number assigned to this disasterfor physical damage is 2817068 and foreconomic injury the number is 867300.

(Catalog of Federal Domestic AssistanceProgram Nos. 59002 and 59008).


Dated: November 7, 1995.Herbert L. MitchellActing Associate Administrator for DisasterAssistance[FR Doc. 95–28231 Filed 11–14–95; 8:45 am]BILLING CODE 8025–01–P


Pennsylvania (And a ContiguousCounty in New Jersey); Declaration ofDisaster Loan Area

Monroe County and the contiguouscounties of Carbon, Lackawanna,Luzerne, Northhampton, Pike, andWayne in the State of Pennsylvania, andthe contiguous county of Warren in theState of New Jersey constitute a disasterarea as a result of damages caused by afire which occurred on October 13–14,1995. Applications for loans forphysical damages as a result of thisdisaster may be filed until the close ofbusiness on January 8, 1996 and foreconomic injury until the close ofbusiness on August 7, 1996 at theaddress listed below:U.S. Small Business Administration,

Disaster Area 1 Office, 360 RainbowBoulevard South, 3rd Floor, NiagaraFalls, New York 14303

or other locally announced locations.The interest rates are:

For Physical Damage: PercentHomeowners with credit

available elsewhere ..... 8.000Homeowners without

credit available else-where ............................ 4.000

Businesses with creditavailable elsewhere ..... 8.000

Businesses and non-prof-it organizations with-out credit availableelsewhere ..................... 4.000

Others (including non-profit organizations)with credit availableelsewhere ..................... 7.125

For Economic Injury: Businessesand small agricultural coopera-tives without credit availableelsewhere .................................... 4.000

The numbers assigned to this disasterfor physical damage are 281805 forPennsylvania and 281905 for NewJersey and for economic injury thenumbers are 868400 for Pennsylvaniaand 868500 for New Jersey.(Catalog of Federal Domestic AssistanceProgram Nos. 59002 and 59008.)

Dated: November 7, 1995.Philip Lader,Administrator.[FR Doc. 95–28230 Filed 11–14–95; 8:45 am]BILLING CODE 8025–01–P

First Legacy Fund, Inc.; Notice ofSurrender of License

[License No. 03/03–0199]

Notice is hereby given that FirstLegacy Fund, Inc., 1400 34th St., NW,Washington, DC 20007 has surrenderedits license to operate as a small businessinvestment company under the SmallBusiness Investment Act of 1958, asamended (Act). First Legacy Fund, Inc.was licensed by the Small BusinessAdministration on July 14, 1994.

Under the authority vested by the Actand pursuant to the Regulationspromulgated thereunder, the surrenderof the license was accepted on October26, 1995, and accordingly, all rights,privileges, and franchises derivedtherefrom have been terminated.(Catalog of Federal Domestic AssistanceProgram No. 59.011, Small BusinessInvestment Companies.)

Dated: November 7, 1995.Don A. Christensen,Associate Administrator for Investment.[FR Doc. 95–28233 Filed 11–14–95; 8:45 am]BILLING CODE 8825–01-P

Specialized Small Business InvestmentCompany (SSBIC) Advisory Council;Public Meeting

The U.S. Small BusinessAdministration, Investment Division(SBIC) Advisory Council will hold apublic meeting on Friday, November 17,1995 at 9:00 am at the U.S. SmallBusiness Administration, 409 ThirdStreet, S.W., Eisenhower ConferenceRoom (Eighth Floor), Washington, D.C.20416; to discuss matters as may bepresented by members, staff of the U.S.Small Business Administration, orothers present.

For further information, write or callMr. Darryl K. Hairston, DeputyAssociate Administrator for Investment,U.S. Small Business Administration,409 Third Street, S.W., Suite 6300,Washington, D.C. 20416 (202) 205–6510.

Dated: November 8, 1995.W. F. Combs,Acting Director Office of Advisory Council.[FR Doc. 95–28234 Filed 11–14–95; 8:45 am]BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice No. 2282]

United States InternationalTelecommunications AdvisoryCommittee (ITAC); Meeting Notice

The Department of State announcesthat a meeting of the United States

International Advisory Committee(ITAC) will be held Wednesday,December 6, 1995, 9:30–11:30 a.m., inthe East Auditorium of the Departmentof State, 2201 C Street, N.W.,Washington, D.C. 20520.

The agenda of this meeting willinclude: (1) Review of preparations forthe International TelecommunicationUnion’s 1998 PlenipotentiaryConference to be held in Minneapolis,Minnesota; (2) consideration oforganizational matters related topreparations; (3) discussion of privatesector organization and activities insupport of Plenipotentiary preparations;and, (4) general discussion ofPlenipotentiary preparations with aview to ensuring efficiency andeffectiveness.

Members of the general public mayattend the meeting and join in thediscussions, subject to the instructionsof the chair and seating availability. Inthis regard, entry to the building iscontrolled. If you wish to attend, pleasecall 202–647–5205 or send a fax to 202–647–5957 not later than 5 days beforethe scheduled meeting. One of thefollowing valid photo ID’s will berequired for admittance: U.S. driver’slicense with picture, U.S. passport, U.S.government ID (company ID’s are nolonger accepted by DiplomaticSecurity). Enter from the ‘‘C’’ StreetMain Lobby.

Dated: November 3, 1995.Richard C. Beaird,Chairman, U.S. 1998 PlenipotentiaryCommittee.[FR Doc. 95–28111 Filed 11–14–95; 8:45 am]BILLING CODE 4710–45–M


Coast Guard

[CGD 95–083]

Chemical Transportation AdvisoryCommittee (CTAC); Request forApplications

AGENCY: Coast Guard, DOT.ACTION: Request for applications.

SUMMARY: The U.S. Coast Guard isseeking applications for appointment tomembership on CTAC.DATES: Completed applications andresumes should be submitted to the U.S.Coast Guard before February 9, 1996.ADDRESSES: Persons interested inapplying for membership on CTAC mayobtain an application form by writing toCommandant (G–MOS–3), U.S. CoastGuard, 2100 Second Street, SW.,Washington, DC 20593–0001, or by


calling the points of contact listed in thefollowing paragraph.FOR FURTHER INFORMATION CONTACT:Commander Kevin S. Cook, ExecutiveDirector, or Lieutenant Rick J. Raksnis,Assistant to the Executive Director,Commandant (G–MOS–3), U.S. CoastGuard, 2100 Second Street, SW.,Washington, DC 20593–0001; telephone(202) 267–1217, fax (202) 267–4570.SUPPLEMENTARY INFORMATION: CTACprovides advice and makesrecommendations to the Chief, Office ofMarine Safety, Security andEnvironmental Protection on mattersrelating to the safe transportation andhandling of hazardous materials in bulkon U.S. flag vessels and barges in U.S.ports and waterways. The advice andrecommendations of CTAC also assistthe U.S. Coast Guard in formulating U.S.positions prior to meetings of theInternational Maritime Organization.

The Committee meets at least once ayear at U.S. Coast Guard Headquarters,Washington, DC. Special meetings mayalso be called. Subcommittee meetingsare held to consider specific problemsas required.

Applications will be considered forseven positions that expire or becomevacant in June 1996. To be eligible,applicants should have experience inchemical manufacturing, marinetransportation of chemicals,occupational safety and health, orenvironmental protection issuesassociated with chemical transportation.Each member serves for a term of threeyears. Members of the Committee serveat their own expense, and receive nosalary, reimbursement of travelexpenses, or other compensation fromthe Federal Government.

In support of the U.S. Department ofTransportation’s policy on ethnic andgender diversity, the U.S. Coast Guard isespecially seeking applications fromqualified women and minority groupmembers.

Dated: November 6, 1995.Joseph J. Angelo,Associate Program Director, Office of MarineSafety, Security and EnvironmentalProtection.[FR Doc. 95–28178 Filed 11–14–95; 8:45 am]BILLING CODE 4910–14–M

Notice of Applications for Certificatesof Public Convenience and Necessityand Foreign Air Carrier Permits FiledUnder Subpart Q During the WeekEnding November 3, 1995

The following Applications forCertificates of Public Convenience andNecessity and Foreign Air Carrier

Permits were filed under Subpart Q ofthe Department of Transportation’sProcedural Regulations (See 14 CFR302.1701 et. seq.). The due date forAnswers, Conforming Applications, orMotions to modify Scope are set forthbelow for each application. Followingthe Answer period DOT may process theapplication by expedited procedures.Such procedures may consist of theadoption of a show-cause order, atentative order, or in appropriate casesa final order without furtherproceedings.

Docket Number: OST–95–779.Date filed: October 31, 1995.Due Date for Answers, Conforming

Applications, or Motion to ModifyScope: November 28, 1995.

Description: Application of MidwayAirlines Corporation, pursuant to 49U.S.C. Section 41102 and Subpart Q ofthe Regulations, applies for certificate ofpublic convenience and necessity, toprovide scheduled foreign airtransportation of persons, property andmail between Raleigh/Durham, NorthCarolina and Bermuda.

Docket Number: OST–95–781.Date filed: October 31, 1995.Due Date for Answers, Conforming


Description: Application of CanadianAirlines International Ltd., pursuant to49 U.S.C. Section 41304, applies foramendment of its foreign air carrierpermit to authorize it to provide thoseadditional scheduled and charterforeign air transportation servicesavailable to it pursuant to the AirTransport Agreement between theGovernment of Canada and theGovernment of the United States.

Docket Number: OST–95–788.Date filed: November 2, 1995.Due Date for Answers, Conforming


Description: Application of PiedmontAviation Services, Inc., pursuant to 49U.S.C. Section 41101, and Sections203.5, 302.1701, and Subpart Q of theRegulations, applies for a FitnessDetermination and Issuance of aCertificate of Public Convenience andNecessity to engage in charter interstate,overseas and foreign air transportationof persons, property and mail.Myrna F. Adams,Chief (Acting), Documentary ServicesDivision.[FR Doc. 95–28225 Filed 11–14–95; 8:45 am]BILLING CODE 4910–62–P

Aviation Proceedings; Agreementsfiled during the Week Ending 11/3/95

The following Agreements were filedwith the Department of Transportationunder the provisions of 49 U.S.C. 412and 414. Answers may be filed within21 days of date of filing.

Docket Number: OST–95–784.Date filed: November 1, 1995.Parties: Members of the International

Air Transport AssociationSubject: TC1 Telex Mail Vote 759,

Caribbean Revalidation Reso, Intendedeffective date: January 1, 1996.Myrna F. Adams, Chief (Acting),Documentary Services Division.[FR Doc. 95–28226 Filed 11–14–95; 8:45 am]BILLING CODE 4910–62–P

Federal Aviation Administration

[Summary Notice No. PE–95–42]

Petitions for Exemption; Summary ofPetitions Received; Dispositions ofPetitions Issued

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of petitions forexemption received and of dispositionsof prior petitions.

SUMMARY: Pursuant to FAA’s rulemakingprovisions governing the application,processing, and disposition of petitionsfor exemption (14 CFR Part 11), thisnotice contains a summary of certainpetitions seeking relief from specifiedrequirements of the Federal AviationRegulations (14 CFR Chapter I),dispositions of certain petitionspreviously received, and corrections.The purpose of this notice is to improvethe public’s awareness of, andparticipation in, this aspect of FAA’sregulatory activities. Neither publicationof this notice nor the inclusion oromission of information in the summaryis intended to affect the legal status ofany petition or its final disposition.DATE: Comments on petitions receivedmust identify the petition docketnumber involved and must be receivedon or before December 5, 1995.ADDRESSES: Send comments on anypetition in triplicate to: FederalAviation Administration, Office of theChief Counsel, Attn: Rule Docket (AGC–200), Petition Docket No. lllll,800 Independence Avenue, SW.,Washington, D.C. 20591.

Comments may also be sentelectronically to the following internetaddress: [email protected].

The petition, any comments received,and a copy of any final disposition are


filed in the assigned regulatory docketand are available for examination in theRules Docket (AGC–200), Room 915G,FAA Headquarters Building (FOB 10A),800 Independence Avenue, SW.,Washington, D.C. 20591; telephone(202) 267–3132.FOR FURTHER INFORMATION CONTACT:Mr. D. Michael Smith, Office ofRulemaking (ARM–1), Federal AviationAdministration, 800 IndependenceAvenue, SW., Washington, DC 20591;telephone (202) 267–7470.

This notice is published pursuant toparagraphs (c), (e), and (g) of § 11.27 ofPart 11 of the Federal AviationRegulations (14 CFR Part 11).

Issued in Washington, D.C., on November9, 1995.Donald P. Byrne,Assistant Chief Counsel for Regulations.

Petitions for ExemptionDocket No.: 27432.Petitioner: Daimler-Benz AerospaceSections of the FAR Affected: 14 CFR

25.562(c)(5).Description of Relief Sought: To extend

Exemption No. 5765, as amended, whichallows temporary operation of D0328 aircraftwith front row passenger seats that exceedthe maximum HIC requirements of§ 25.562(c)(5), until June 30, 1996.

Docket No.: 28366.Petitioner: Mr. Donald E. HubbardSections of the FAR Affected: 14 CFR

121.383(c).Description of Relief Sought: To permit Mr.

Hubbard to act as a pilot in operationsconducted under part 121 after reaching his60th birthday.

Docket No.: 28372.Petitioner: Cessna Aircraft Co.Sections of the FAR Affected: 14 CFR

25.1305(d)(3).Description of Relief Sought: To permit

approval of type design changes on theCessna Citation II Serial 550–0801 (CitationBravo) without compliance with therequirements of § 25.1305(d)(3), regarding theinstallation of an indicator to indicate turbineengine rotor system unbalance.

Dispositions of PetitionsDocket No.: 21789.Petitioner: Air Transport Association of

America.Sections of the FAR Affected: 14 CFR

61.49.Description of Relief Sought/Disposition:

To extend Exemption No. 3474, as amended,which permits the airmen employees of AirTransport Association of America memberairline, and similarly situated part 121certificate holders, to apply for retestingwithout waiting 30 days after a second (orsubsequent) failure of the written or flighttest, provided that a part 121-authorizedinstructor has given that applicant additionalflight or ground instruction, as appropriate,and finds that applicant competent to passthe test.

Grant, October 18, 1995, Exemption No.3474G.

Docket No.: 26657.Petitioner: Omniflight Helicopters, Inc.Sections of the FAR Affected: 14 CFR

43.3(a).Description of Relief Sought/Disposition:

To permit appropriately trained andcertificated pilots employed by Omniflight toperform daily engine rinses on the Allison C–28C–250 engines installed in Omniflight’sBO–105LSA3 helicopters that are used inoperations conducted under part 135.

Denial, October 17, 1995, Exemption No.6188.

Docket No.: 26819.Petitioner: Jet Flight International, Inc.Sections of the FAR Affected: 14 CFR part

61.Description of Relief Sought/Disposition:

To rescind Exemption No. 5496, whichpermits Jet Flight International, Inc., (JFI) touse FAA approved simulators to meet certainflight experience requirements under part 61,subject to certain conditions and limitations.The FAA finds multiple discrepanciesassociated with JFI’s adherence to variousconditions and limitations attached to thecurrent exemption.

Rescission, September 1, 1995, ExemptionNo. 5496A.

Docket No.: 27491.Petitioner: Helicopter Association

International and Association of Air MedicalServices.

Sections of the FAR Affected: 14 CFR135.213(b); 135.219; and 135.225(a)(1) and(2), (f), and (g)

Description of Relief Sought/Disposition:To permit helicopter emergency medicalservice departures, under IFR, in weatherthat is at or above VFR minimums, fromairports or helicopters at which a weatherreport is not available from the U.S. NationalWeather Service (NWS), a source approvedby the NWS, or a source approved by theAdministrator.

Partial Grant, September 29, 1995,Exemption No. 6175.

Docket No.: 27575.Petitioner: Delta Air Lines, Inc.Sections of the FAR Affected: 14 CFR

121.133(c).Description of Relief Sought/Disposition:

To extend and amend Exemption No. 5922,which permits Delta Air Lines, Inc., (DAL) toutilize compact disc read-only memory (CD–ROM) technology to present certainmaintenance information and instructionspertinent to aircraft operated by DAL in lieuof printed page form or microfilm. Theamendment allows DAL to utilize methods inaddition to CD–ROM technology for digitalstorage and use of certain maintenanceinformation and instructions pertinent toaircraft operated by DAL.


Aviation Rulemaking AdvisoryCommittee; Meeting

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of Meeting.

SUMMARY: The FAA is issuing this noticeto advise the public of a meeting of theFederal Aviation AdministrationAviation Rulemaking AdvisoryCommittee to discuss general aviationoperations issues.

DATES: The meeting will be held onNovember 29, 1995, at 1:00 p.m.

ADDRESSES: The meeting will be held atthe Helicopter AssociationInternational, 1635 Prince Street,Alexandria, VA.

FOR FURTHER INFORMATION CONTACT: Mr.Louis C. Cusimano, Assistant ExecutiveDirector for General AviationOperations, Flight Standards Service(AFS–800), 800 Independence Avenue,SW., Washington, DC 20591. Telephone:(202) 267–8452; FAX: (202) 267–5094.

SUPPLEMENTARY INFORMATION: Pursuantto section 10(a)(2) of the FederalAdvisory Committee Act (Pub. L. 92–463; 5 U.S.C. App. II), notice is herebygiven of a meeting of the AviationRulemaking Advisory Committee todiscuss general aviation operationsissues. This meeting will be held onNovember 29, 1995, at 1:00 p.m., at theHelicopter Association International,1635 Prince Street, Alexandria, VA. Theagenda for this meeting will includestatus reports from the part 103(Ultralight Vehicles) Working Groupand the IFR Fuel Requirements/Destination and Alternate WeatherMinimums Working Group. In addition,the VHF Navigation andCommunications Working Group willpresent a status report that may includethe working group’s decision to declarethe task complete.

Attendance is open to the interestedpublic but may be limited to the spaceavailable. The public must makearrangements in advance to present oralstatements at the meeting or maypresent written statements to thecommittee at any time. In addition, signand oral interpretation can be madeavailable at the meeting, as well as anassistive listening device, if requested10 calendar days before the meeting.Arrangements may be made bycontacting the person listed under theheading FOR FURTHER INFORMATIONCONTACT.

Issued in Washington, DC on November 7,1995.Mr. Louis C. Cusimano,Assistant Executive Director for GeneralAviation Operations, Aviation RulemakingAdvisory Committee.[FR Doc. 95–28223 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–M


Notice of Passenger Facility Charge(PFC) Approvals and Disapprovals

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Monthly Notice of PFCApprovals and Disapprovals. In October1995, there were six applicationsapproved. Additionally, two approvedamendments to previously approvedapplications are listed as is oneapplication approved in September butinadvertently left off the September1995 listing.SUMMARY: The FAA publishes a monthlynotice, as appropriate, of PFC approvalsand disapprovals under the provisionsof 49 U.S.C. 40117 (Pub. L. 103–272)and Part 158 of the Federal AviationRegulations (14 CFR Part 158). Thisnotice is published pursuant toparagraph d of § 158.29.

PFC Applications Approved

Public Agency: City of San Jose,California.

Application Number: 95–05–C–00–SJC.

Application Type: Impose and usePFC revenue.

PFC Level: $3.00.Total Approved Net PFC Revenue:

$9,094,000.Estimated Charge Effective Date: May

1, 1997.Estimated Charge Expiration Date:

January 1, 1999.Class of Air Carriers Not Required to

Collect PFC’s: Air taxi/commercialoperators exclusively filing FAA Form1800–31.

Determination: Approved. Based oninformation contained in the publicagency’s application, the FAA hasdetermined that the proposed classaccounts for less than 1 percent of thetotal annual enplanements at San JoseInternational Airport.

Brief Description of ProjectsApproved for Collection and Use:Runway 30L reconstruction (B to C),Runway 30L reconstruction (C to L),Runway 30L reconstruction (J to L),Taxiways Y and K reconstruction.

Decision Date: September 1, 1995.For Further Information Contact:

Joseph Rodriguez, San FranciscoAirports District Office, (415) 876–2805.

Public Agency: City of Chicago,Department of Aviation, Chicago,Illinois.

Application Number: 95–04–I–00–MDW.

Application Type: Impose a PFC.PFC Level: $3.00.Total Approved Net PFC Revenue:

$191,119,328.Charge Effective Date: August 1, 1998.

Estimated Charge Expiration Date:July 1, 2007.

Class of Air Carriers Not Required toCollect PFC’s: Air taxi operators.

Determination: Approved. Based oninformation contained in the publicagency’s application, the FAA hasdetermined that the proposed classaccounts for less than 1 percent of thetotal annual enplanements at MidwayAirport.

Brief Description of Project Approvedfor Collection: Midway terminaldevelopment.

Decision Date: October 2, 1995.For Further Information Contact:

Louis H. Yates, Chicago Airports DistrictOffice, (708) 294–7335.

Public Agency: Huntsville-MadisonCounty Airport Authority, Huntsville,Alabama.

Application Number: 95–04–C–00–HSV.

Application Type: Impose and usePFC revenue.


$16,174.Estimated Charge Effective Date:

November 1, 2008.Estimated Charge Expiration Date:

December 1, 2008.Class of Air Carriers Not Required to

Collect PFC’s: Air taxi/commercialoperator, certified air carrier, andcertified route air carriers operating atHuntsville International—Carl T. JonesField (HSV) and having fewer than 500annual enplanements at HSV.

Determination: Approved. Based oninformation contained in the publicagency’s application, the FAA hasdetermined that the proposed classaccounts for less than 1 percent of thetotal annual enplanements at HSV.

Brief Description of ProjectsApproved for Collection and Use of PCFRevenue:Lighting control,Security vehicle.


Elton E. Jay, Jackson Airports DistrictOffice, (601) 965–4628.

Public Agency: City of Philadelphia,Pennsylvania.

Application Number: 95–04–U–00–PHL.

Application Type: Use PFC revenue.PFC Level: $3.00.Total Approved Net PFC Revenue:

$116,700,000.Charge Effective Date: September 1,

1992.Estimated Charge Expiration Date:

September 1, 1997.Class of Air Carriers Not Required to

Collect PFC’s: The City of Philadelphia

was previously approved to exclude aclass of air carriers from the requirementto collect the PFC. This decision doesnot affect that ruling.

Brief Description of ProjectsApproved for Collection and Use of PCFRevenue: Rescue boat facility.

Decision Date: October 13, 1995.For Further Information Contact: L.

W. Walsh, Harrisburg Airports DistrictOffice, (717) 730–2835.

Public Agency: Port of Pasco, Pasco,Washington.

Application Number: 95–02–C–00–PSC.

Application Type: Impose and use aPFC.


$260,000.Charge Effective Date: September 1,

1997.Estimated Charge Expiration Date:

May 1, 1998.Class of Air Carriers Not Required to

Collect PFC’s: None.Brief Description of Project Approved

for Use: Planning study—airport masterplan.

Decision Date: October 13, 1995.For Further Information Contact: Paul

Johnson, Seattle Airports District Office,(206) 227–2655.

Public Agency: City of Fayetteville,Arkansas.

Application Number: 95–01–C–00–FYV.



$2,584,339.Estimated Charge Effective Date:

January 1, 1996.Estimated Charge Expiration Date:

August 1, 1999.Class of Air Carriers Not Required to

Collect PFC’s: None.Brief Description of Project Approved

in part for Collection and Use of PCFRevenue:Master plan update,Airfield safety area improvements,Terminal expansion,Land acquisition/easements,Airfield safety improvements,PFC application administrative costs.

Decision Date: October 24, 1995.For Further Information Contact: Ben

Guttery, Southwest Region AirportsDivision, (817) 222–5614.

Public Agency: Onslow County,Jacksonville, North Carolina.

Application Number: 95–01–C–00–OAJ.


PFC Level: $3.00.


Total Approved Net PFC Revenue:$674,041.

Charge Effective Date: January 1,1996.

Estimated Charge Expiration Date:October 1, 1998.

Class of Air Carriers Not Required toCollect PFC’s: None.

Brief Description of ProjectsApproved for Collection and Use of PCFRevenue:Preparation of PFC application,Aircraft rescue and firefighting

maintenance bay,Terminal emergency auxiliary power,

Rehabilitate airport beacon,High intensity runway lights,Runup aprons,Rehabilitate service road,Sanitary sewer line to municipal

facility.Brief Description of Projects

Approved in part for Collection and Useof PCF Revenue: Recover local share ofAirport Improvement Program (AIP)grants numbers 10, 11, 12, and 13.

Determination: Approved in part. TheAIP 10 portion of this project, as wellas items in the AIP 11 portion of thisproject, received notices to proceed

prior to November 5, 1990; therefore,costs associated with those items are notPFC eligible in accordance with section158.3.

Brief Description of WithdrawnProjects: Airport interactive trainingsystem, National storm water pollutionprevention plan.

Determination: These projects werewithdrawn for the PFC application byletter dated August 28, 1995.


Walter Bauer, Atlanta Airports DistrictOffice, (404) 305–7142.

AMENDMENTS TO PFC APPROVALS

Amendment No. city, stateAmendment

approveddate

Amended ap-proved net

PFC revenue

Original ap-proved net

PFC revenue

Original es-timated

charge exp.date

Amendedestimated

charge exp.date

93–01–C–04–ORD/94–02–U–01–ORD, Chicago, IL ....................... 10/02/95 $484,035,066 $481,806,170 09/01/98 09/01/9892–01–C–02–STL, Saint Louis, MO ................................................ 10/10/95 97,297,850 84,607,850 03/01/96 04/01/96

Issued in Washington, D.C. on November 7,1995.Donna P. Taylor,Manager, Passenger Facility Charge Branch.[FR Doc. 95–28219 Filed 11–14–95; 8:45 am]BILLING CODE 4910–13–M

National Highway Traffic SafetyAdministration

[Docket No. 95–90; Notice 1]

Notice of Receipt of Petition forDecision That Nonconforming 1992Lincoln Mark VII Passenger Cars areEligible for Importation

AGENCY: National Highway TrafficSafety Administration, DOT.ACTION: Notice of receipt of petition fordecision that nonconforming 1992Lincoln Mark VII passenger cars areeligible for importation.

SUMMARY: This notice announces receiptby the National Highway Traffic SafetyAdministration (NHTSA) of a petitionfor a decision that a 1992 Lincoln MarkVII that was not originally manufacturedto comply with all applicable Federalmotor vehicle safety standards iseligible for importation into the UnitedStates because (1) It is substantiallysimilar to a vehicle that was originallymanufactured for sale in the UnitedStates and that was certified by itsmanufacturer as complying with thesafety standards, and (2) it is capable ofbeing readily altered to conform to thestandards.

DATES: The closing date for commentson the petition is December 15, 1995.ADDRESSES: Comments should refer tothe docket number and notice number,and be submitted to: Docket Section,Room 5109, National Highway TrafficSafety Administration, 400 Seventh St.,SW., Washington, DC 20590. [Dockethours are from 9:30 am to 4 pm]FOR FURTHER INFORMATION CONTACT:George Entwistle, Office of VehicleSafety Compliance, NHTSA (202–366–5306).


BackgroundUnder 49 U.S.C. § 30141(a)(1)(A)

(formerly section 108(c)(3)(A)(i)(I) of theNational Traffic and Motor VehicleSafety Act (the Act)), a motor vehiclethat was not originally manufactured toconform to all applicable Federal motorvehicle safety standards shall be refusedadmission into the United States unlessNHTSA has decided that the motorvehicle is substantially similar to amotor vehicle originally manufacturedfor importation into and sale in theUnited States, certified under 49 U.S.C.§ 30115 (formerly section 114 of theAct), and of the same model year as themodel of the motor vehicle to becompared, and is capable of beingreadily altered to conform to allapplicable Federal motor vehicle safetystandards.

Petitions for eligibility decisions maybe submitted by either manufacturers orimporters who have registered withNHTSA pursuant to 49 CFR Part 592. Asspecified in 49 CFR 593.7, NHTSApublishes notice in the Federal Register

of each petition that it receives, andaffords interested persons anopportunity to comment on the petition.At the close of the comment period,NHTSA decides, on the basis of thepetition and any comments that it hasreceived, whether the vehicle is eligiblefor importation. The agency thenpublishes this decision in the FederalRegister.

Champagne Imports, Inc. of Lansdale,Pennsylvania (‘‘Champagne’’)(Registered Importer 90–009) haspetitioned NHTSA to decide whether1992 Lincoln Mark VII passenger carsare eligible for importation into theUnited States. The vehicle whichChampagne believes is substantiallysimilar is the 1992 Lincoln Mark VIIthat was manufactured in the UnitedStates and certified by its manufacturer,Ford Motor Company, as conforming toall applicable Federal motor vehiclesafety standards.

The petitioner claims that it carefullycompared the non-U.S. certified 1992Lincoln Mark VII to its U.S. certifiedcounterpart, and found the two vehiclesto be substantially similar with respectto compliance with most Federal motorvehicle safety standards.

Champagne submitted informationwith its petition intended todemonstrate that the non-U.S. certified1992 Lincoln Mark VII, as originallymanufactured, conforms to manyFederal motor vehicle safety standardsin the same manner as its U.S. certifiedcounterpart, or is capable of beingreadily altered to conform to thosestandards.


Specifically, the petitioner claims thatthe non-U.S. certified 1992 LincolnMark VII is identical to its U.S. certifiedcounterpart with respect to compliancewith Standards Nos. 102 TransmissionShift Lever Sequence * * *, 103Defrosting and Defogging Systems, 104Windshield Wiping and WashingSystems, 105 Hydraulic Brake Systems,106 Brake Hoses, 107 ReflectingSurfaces, 108 Lamps, Reflective Devices,and Associated Equipment, 109 NewPneumatic Tires, 113 Hood LatchSystems, 110 Tire Selection and Rims111 Rearview Mirrors, 114 TheftProtection, 115 Vehicle IdentificationNumber, 116 Brake Fluid, 118 PowerWindow Systems, 124 AcceleratorControl Systems 201 OccupantProtection in Interior Impact 202 HeadRestraints, 204 Steering ControlRearward Displacement, 205 GlazingMaterials, 206 Door Locks and DoorRetention Components, 207 SeatingSystems, 209 Seat Belt Assemblies, 210Seat Belt Assembly Anchorages, 211Wheel Nuts, Wheel Discs and Hubcaps,212 Windshield Retention, 214 SideImpact Protection, 216 Roof CrushResistance, 219 Windshield ZoneIntrusion, 301 Fuel System Integrity, and302 Flammability of Interior Materials.

Additionally, the petitioner states thatthe non-U.S. certified 1992 LincolnMark VII complies with the BumperStandard found in 49 CFR Part 581.

Petitioner also contends that thevehicle is capable of being readilyaltered to meet Standard No. 208Occupant Crash Protection, in thefollowing manner: (a) Replacement ofthe driver’s side air bag with a U.S.-model component and (b) installation ofa U.S.-model knee bolster. Thepetitioner states that the vehicle isequipped at each front designatedseating position with a combination lapand shoulder restraint that adjusts bymeans of an automatic retractor andreleases by means of a single pushbutton. The petitioner further states thatthe vehicle is equipped at the rearoutboard designated seating positionswith a lap and shoulder restraint thatreleases by means of a single pushbutton.

Interested persons are invited tosubmit comments on the petitiondescribed above. Comments should referto the docket number and be submittedto: Docket Section, National HighwayTraffic Safety Administration, Room5109, 400 Seventh Street, SW.,Washington, DC 20590. It is requestedbut not required that 10 copies besubmitted.

All comments received before theclose of business on the closing dateindicated above will be considered, and

will be available for examination in thedocket at the above address both beforeand after that date. To the extentpossible, comments filed after theclosing date will also be considered.Notice of final action on the petitionwill be published in the FederalRegister pursuant to the authorityindicated below.

Authority: 49 U.S.C. 30141(a)(1)(A) and(b)(1); 49 CFR 593.8; delegations of authorityat 49 CFR 1.50 and 501.8.

Issued on: November 9, 1995.Marilynne Jacobs,Director, Office of Vehicle Safety Compliance.[FR Doc. 95–28158 Filed 11–14–95; 8:45 am]BILLING CODE 4910–59–M

DEPARTMENT OF THE TREASURY


List of Countries RequiringCooperation With an InternationalBoycott

In order to comply with the mandateof section 999(a)(3) of the InternalRevenue Code of 1986, the Departmentof the Treasury is publishing a currentlist of countries which may requireparticipation in, or cooperation with, aninternational boycott (within themeaning of section 999(b)(3) of theInternal Revenue Code of 1986). Thecurrent list reflects a decision to removeJordan as a result of its recent accordswith Israel.

On the basis of the best informationcurrently available to the Department ofthe Treasury, the following countriesmay require participation in, orcooperation with, an internationalboycott (within the meaning of section999(b)(3) of the Internal Revenue Codeof 1986):

BahrainIraqKuwaitLebanonLibyaOmanQatarSaudi ArabiaSyriaUnited Arab EmiratesYemen, Republic of

Dated: November 6, 1995.Joseph Guttentag,International Tax Counsel.[FR Doc. 95–28130 Filed 11–14–95; 8:45 am]BILLING CODE 4810–25–M

OFFICE OF THE UNITED STATESTRADE REPRESENTATIVE

Notice of Meeting of the Investmentand Services Policy AdvisoryCommittee

AGENCY: Office of the United StatesTrade Representative.

ACTION: Notice that the December 7,1995 meeting of the Investment andServices Policy Advisory Committeewill be held from 10:00 a.m. to 2:00 p.m.The meeting will be closed to the publicfrom 10:00 a.m. to 1:15 p.m. Themeeting will be open to the public from1:15 p.m. to 2:00 p.m.

SUMMARY: The Investment and ServicesPolicy Advisory Committee will hold ameeting on December 7, 1995 from10:00 a.m. to 2:00 p.m. The meeting willbe closed to the public from 10:00 a.m.to 1:15 p.m. The meeting will include areview and discussion of current issueswhich influence U.S. trade policy.Pursuant to Section 2155(f)(2) of Title19 of the United States Code, I havedetermined that this portion of themeeting will be concerned with mattersthe disclosure of which would seriouslycompromise the development by theUnited States Government of tradepolicy, priorities, negotiating objectivesor bargaining positions with respect tothe operation of any trade agreementand other matters arising in connectionwith the development, implementationand administration of the trade policy ofthe United States. The meeting will beopen to the public and press from 1:15p.m. to 2:00 p.m. when trade policyissues will be discussed. Attendanceduring this part of the meeting is forobservation only. Individuals who arenot members of the committee will notbe invited to comment.

DATES: The meeting is scheduled forDecember 7, 1995, unless otherwisenotified.

ADDRESSES: The meeting will be held atthe Jefferson Hotel at 16th and M streetsN.W., Washington D.C., unlessotherwise notified.

FOR FURTHER INFORMATION CONTACT:Michaelle Burstin, Director of PublicLiaison, Office of the United StatesTrade Representative, (202) 395–6120.Michael Kantor,United States Trade Representative.[FR Doc. 95–28188 Filed 11–14–95; 8:45 am]BILLING CODE 3190–01–M


Notice of Meeting of the AdvisoryCommittee on Trade Policy andNegotiations

AGENCY: Office of the United StatesTrade Representative.

ACTION: Notice that the November 30,1995 meeting of the AdvisoryCommittee on Trade Policy andNegotiation will be held from 10 a.m. to2 p.m. The meeting will be closed to thepublic from 10:00 a.m. to 1:30 p.m. Themeeting will be open to the public from1:30 p.m. to 2 p.m.

SUMMARY: The Advisory Committee onTrade Policy and Negotiation will holda meeting on November 30, 1995 from10 a.m. to 2 p.m. The meeting will beclosed to the public from 10 a.m. to 1:30

p.m. The meeting will include a reviewand discussion of current issues whichinfluence U.S. trade policy. Pursuant toSection 2155(f)(2) of Title 19 of theUnited States code, I have determinedthat this portion of the meeting will beconcerned with matters the disclosureof which would seriously compromisethe development by the United Statesgovernment in trade policy, priorities,negotiating objectives or bargainingpositions with respect to the operationof any trade agreement and othermatters arising in connection with thedevelopment, implementation andadministration of the trade policy of theUnited States. The meeting will be opento the public and press from 1:30 p.m.to 2 p.m. when trade policy issues willbe discussed. Attendance during this

part of the meeting is for observationonly. Individuals who are not membersof the committee will not be invited tocomment.DATES: The meeting is scheduled forNovember 30, 1995, unless otherwisenotified.ADDRESSES: The meeting will be held atthe Sheraton Carlton Hotel, located at923 16th Street, Washington, D.C.,unless otherwise notified.FOR FURTHER INFORMATION CONTACT:Michaelle Burstin, Director of PublicLiaison, Office of the United StatesTrade Representative, (202) 395–6120.Michael Kantor,United States Trade Representative.[FR Doc. 95–28189 Filed 11–14–95; 8:45 am]BILLING CODE 3190–01–M

This section of the FEDERAL REGISTERcontains notices of meetings published underthe ‘‘Government in the Sunshine Act’’ (Pub.L. 94-409) 5 U.S.C. 552b(e)(3).

Sunshine Act Meetings Federal Register

57482

Vol. 60, No. 220


FOREIGN CLAIMS SETTLEMENT COMMISSION

F.C.S.C. Meeting Notice No. 1–96

NOTICE OF MEETINGS

Announcement in Regard toCommission Meetings and Hearings

The Foreign Claims SettlementCommission, pursuant to its regulations(45 CFR Part 504), and the Governmentin the Sunshine Act (5 U.S.C. 552b),hereby gives notice in regard to thescheduling of open meetings and oralhearings for the transaction ofCommission business and other mattersspecified, as follows:DATE AND TIME: Mon., Nov. 27, 1995 at2:00 p.m.SUBJECT MATTER: Consideration ofProposed Decisions on claims againstAlbania.

All meetings are held at the ForeignClaims Settlement Commission, 600 EStreet, NW., Washington, DC. Requestsfor information, or advance notices ofintention to observe a meeting may bedirected to: Administrative Officer,Foreign Claims Settlement Commission,600 E Street, NW., Room 6029,Washington, DC 20579. Telephone:(202) 616–6988.

Dated at Washington, DC on November 13,1995.Judith H. Lock,Administrative Officer.[FR Doc. 95–28380 Filed 11–13–95; 3:36 pm]BILLING CODE 4410–01–P

LEGAL SERVICES CORPORATION

Operations and Regulations CommitteeMeeting; Changes‘‘FEDERAL REGISTER’’ CITATION OFPREVIOUS ANNOUNCEMENT: 60 FR56091.PREVIOUSLY ANNOUNCED TIME AND DATES:A meeting of the Legal ServicesCorporation Board of DirectorsOperations and Regulations Committee

will be held on November 17–18, 1995.The meeting will commence at 10 a.m.on November 17, 1995, and at 9 a.m. onSeptember 18, 1995.

PREVIOUS ANNOUNCED LOCATION OFMEETING: The Legal ServicesCorporation, 750 First Street NE.,Washington, DC 20002, 202–336–8800.

CHANGES IN THE MEETING: The meetinghas been cancelled.

CONTACT PERSON FOR INFORMATION:Victor M. Fortuno, General Counsel,202–336–8810.

Upon request, meeting notices will bemade in alternate formats toaccommodate visual and hearingimpairments.

Dated: November 13, 1995.Victor M. Fortuno,General Counsel.[FR Doc. 95–28384 Filed 11–13–95; 3:54 pm]BILLING CODE 7050–01–P

NUCLEAR REGULATORY COMMISSION

DATE: Weeks of November 13, 20, 27,and December 4, 1995.

PLACE: Commissioner’s ConferenceRoom, 11555 Rockville Pike, Rockville,Maryland.

STATUS: Public.MATTERS TO BE CONSIDERED:

Week of November 13

Wednesday, November 15

10:00 a.m.Briefing on Accident Sequence Precursor

Program (Public meeting)(Contact: Patrick O’Reilly, 301–415–7570)

2:00 p.m.Briefing on Measures to Ensure Integrity of

Research Data (Public meeting)(Contact: Owen Gormley, 301–415–6793)

Thursday, November 16

10:00 a.m.Briefing by Commonwealth Edison (Public

meeting)2:00 p.m.

Meeting with Advisory Committee onNuclear Waste (ACNW) (Public meeting)

(Contact: John Larkins, 301–415–7360)

Week of November 20—Tentative

There are no meetings scheduled for theWeek of November 20.

Week of November 27—TentativeThere are no meetings scheduled for the

Week of November 27.

Week of December 4—Tentative

Friday, December 8

1:00 p.m.Discussion on Full Power Operating

License for Watts Bar (Public meeting)(Contact: Fred Hebdon, 301–415–2024)

3:15 p.m.Meeting with Advisory Committee on

Reactor Safeguards (ACRS) (Publicmeeting)

(Contact: John Larkins, 301–415–7360)Note: The Nuclear Regulatory Commission

is operating under a delegation of authorityto Chairman Shirley Ann Jackson, becausewith three vacancies on the Commission, itis temporarily without a quorum. As a legalmatter, therefore, the Sunshine Act does notapply; but in the interests of openness andpublic accountability, the Commission willconduct business as though the Sunshine Actwere applicable.

The schedule for commissionmeetings is subject to change on shortnotice. To verify the status of meetingscall (recording)—(301) 415–1292.CONTACT PERSON FOR MORE INFORMATION:Bill Hill (301) 415–1661.* * * * *

This notice is distributed by mail toseveral hundred subscribers; if you nolonger wish to receive it, or would liketo be added to it, please contact theOffice of the Secretary, Attn: OperationsBranch, Washington, DC 20555 (301–415–1963).

In addition, distribution of thismeeting notice over the internet systemis available. If you are interested inreceiving this Commission meetingschedule electronically, please send anelectronic message to [email protected] [email protected].* * * * *

Dated: November 9, 1995.William M. Hill, Jr.,SECY Tracking Officer, Office of theSecretary.[FR Doc. 95–28320 Filed 11–13–95; 12:16pm]BILLING CODE 7590–01–M

fede

ral r

egiste

r

57483

WednesdayNovember 15, 1995

Part II

Department ofHousing and UrbanDevelopment24 CFR Part 29Nonjudicial Foreclosure of Single FamilyMortgages; Final Rule


DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT


24 CFR Part 29

[Docket No. FR–3799–F–02]

RIN 2501–AB86

Nonjudicial Foreclosure of SingleFamily Mortgages

AGENCY: Office of the Secretary, HUD.ACTION: Final rule.

SUMMARY: This rule makes final, withchanges, the proposed amendments totitle 24 CFR by the addition of a newpart 29 that concerns nonjudicialforeclosure of single family mortgages.A proposed rule was published on April7, 1995 (60 FR 17968). The ruleimplements the Single Family MortgageForeclosure Act of 1994 (the Act),codified at 12 U.S.C. 3751–3768, whichauthorizes the Secretary of Housing andUrban Development, as a matter ofFederal law, to exercise a statutorynonjudicial power of sale with respectto any defaulted single family mortgageheld by the Secretary under title I or IIof the National Housing Act or undersection 312 of the Housing Act of 1964.

It is important to note that the sectionnumbers that are provided in this finalrule differ from the section numbers thatappeared in the proposed rule due tothe abbreviation of the final rule so asnot to duplicate provisions already setforth in the Act.EFFECTIVE DATE: December 15, 1995.FOR FURTHER INFORMATION CONTACT:Bruce S. Albright, Office of the GeneralCounsel, Room 9258, Department ofHousing and Urban Development,Washington, DC 20410, (202) 708–0303.A telecommunications device for thehearing impaired (TDD) is available at(202) 708–3259.SUPPLEMENTARY INFORMATION: In thepreamble to the proposed rule, theDepartment stated that it would giveconsideration to issuing a much brieferfinal rule to implement the Act. TheDepartment has decided to publish anabbreviated final rule. Rather thanrepeat the provisions of the statute, thefinal rule contains only those provisionsthat are necessary for clarification of thestatutory procedures, or provisions thataddress those areas that give theSecretary discretion to act. Of course,the statutory requirements applywhether they are repeated in the rule ornot, and removal of the statutoryrequirements from the regulation doesnot affect their applicability. In additionto resulting in a more streamlined

regulation, the removal of statutoryrequirements makes rulemaking toupdate the language of the regulationwhenever there is a change in thestatutory language unnecessary.

The combined statutory andregulatory procedures for conductingnonjudicial foreclosures, which werecontained in the proposed rule, havebeen placed in an appendix to this finalrule and incorporate changes made inresponse to the comments received. Thefinal rule will be codified in the Codeof Federal Regulations; the appendixwill not be codified. However, theappendix will be included ininformation to be provided toforeclosure commissioners, and whichwill be available to the public. HUD isstriving to keep communications aboutrequirements as clear, simple and timelyas possible, and the guide in theappendix presents such a format.

By a delegation of authority publishedelsewhere in this issue of the FederalRegister, the authority under the Act toappoint a foreclosure commissioner orcommissioners and to fix thecompensation of commissioners hasbeen delegated to the General Counselof HUD. This delegation of authority hasbeen redelegated to the Field AssistantGeneral Counsel.

By a ‘‘Notice of Application—Foreclosure Commissioners,’’ whichwill be published at the same time asthis rule or as soon thereafter aspossible, the Department requestsapplications from parties who seekapproval for designation to act asforeclosure commissioners under theSingle Family Mortgage Foreclosure Actof 1994. The Department will alsoperform additional outreach in order toencourage interested parties to apply.

I. Changes Made at Final Rule StageIn addition to removing text of the

proposed rule that only repeatedstatutory language, a number of changesare made in this final rule. Thedefinitions of ‘‘record’’ and ‘‘recorded’’are clarified to include within theirmeaning the terms ‘‘file’’ and ‘‘filed.’’The requirement in § 29.101(d) of theproposed rule, that a copy of thedesignation of the foreclosurecommissioner must be mailed with theNotice of Default and Foreclosure Sale,is removed. One item added by thisfinal rule at § 29.103 to the informationrequired to be provided in the notice isthe recordation date of the mortgage.The presale reinstatement provisions ofthis rule, at § 29.107, are revised forconsistency to use the term ‘‘adjourned’’instead of ‘‘postponed.’’ The date of therecording of the mortgage that wasforeclosed is added to the required

recitals in the record of foreclosure andsale (§ 29.121).

II. Public CommentsThe Department received nine public

comments on the proposed rule duringthe 60 day comment period that endedon June 7, 1995. The comments werefrom two law firms, two financialinstitutions, two bar associations, onelegal services organization, one titleinsurers’ trade association, and oneforeclosure trustees’ association. Thefollowing discussion summarizes thecomments and provides HUD’sresponses to those comments.

Comment: Support for the Act/Favoring the rule. One commenterstated that the proposal to create auniform foreclosure remedy appeared tobe in the best interest of all concernedparties. Another commenter supportedthe concepts outlined in the proposedrule, but felt that the rule could benefitfrom some ‘‘fine tuning.’’

Response: No response is necessary.Comment: Scope of the final rule. One

commenter commented that the finalrule that is published should be acomplete and final rule, rather than anabbreviated one. The commenter statedthat there has been considerableconfusion in the legal community aboutthe codification of the nonjudicialforeclosure statute, given its enactmentin an appropriations bill. Thecommenter said that while a HUDguidebook with the procedures forforeclosure commissioners to followwould be useful, the commenterbelieved that a complete and substantialfinal rule is justified because of themagnitude of changes embodied in thisnew procedure, the pre-emption of Statelaw, and the national basis on which thestatute is to be implemented.

Response: The Department issensitive to the need for clearinstructions in a format that is easilyaccessible. At the same time, theDepartment is concerned aboutexcessive and unnecessary regulations,and is taking steps to contain the growthof regulations and reduce the number ofregulations. The proposed rule repeated,for the most part, the authority grantedto the Secretary in the statute. TheDepartment has decided to publish anabbreviated final rule, which will becodified in the Code of FederalRegulations. However, to ensureadequate guidance to the public, anappendix to this final rule is also beingpublished. The appendix will reflect theproposed rule, revised to incorporatecomments.

Regarding concerns over the methodof the statute’s promulgation, theeffectiveness and the codification of this


nonjudicial foreclosure statute in theUnited States Code are not affectedbecause of the statute’s promulgation inan appropriations act.

Comment: Title insurance. Onecommenter stated that requests toprovide title insurance will be deniedfor properties where mortgages had beenforeclosed under the provisions of theAct if, in reliance upon the statute, theState-imposed redemption period wasignored. Because of this, the commenteradvised against implementation of thisstatutory authority.

Response: It is well settled that theCongress has the power to enact suchpre-emptive statutes. Section 814(e) ofthe Act (12 U.S.C. 3763(e)) specificallyprovides that there shall be no right ofredemption or right of possession basedupon a right of redemption, in themortgagor or others subsequent to aforeclosure completed under theprovisions of the Act. Pre-emption ofthe right of redemption is not new toforeclosures of Secretary-heldmortgages. For example, section 204(l)of the National Housing Act, asamended, already pre-empts the right ofredemption for those situations where aSecretary-held mortgage is foreclosed bythe Secretary. The Department notesthat title insurance is available underthe Multifamily Mortgage ForeclosureAct (MMFA), which also pre-emptsredemption rights.

Comment: Borrower protection/Process time. Three commenters notedthat the period of time after sending theNotice of Default and Foreclosure Saleprior to the date of foreclosure was notsufficient time for a response from themortgagor and for the default to becorrected. One commenter thought thatwhat he found to be a brief period oftime seemed to conflict with thepreamble statement that ‘‘foreclosurewill be commenced only after extensiveattempts to correct the default.’’ Onecommenter raised concerns that the rulehad very few safeguards to protectaffected borrowers, and recommendeddistinguishing between occupied andabandoned properties, which havediffering degrees of deterioration. Onecommenter stated that there was noopportunity to dispute the claimedamount owed.

Response: The time from the sendingof the Notice until the foreclosure is notunfair to the mortgagor, and does notpreclude the mortgagor from correctinga default. In each case with a Title I,Title II or section 312 mortgage, themortgagor has had ample opportunity tocorrect the default and avoidforeclosure. Prior notice has been sent tothe mortgagor, a payment plan may havebeen entered into, and the mortgagor

has had the opportunity to contest theamount owed and been given theopportunity to convey the property toHUD without proceeding withforeclosure. The Notice of Default andForeclosure Sale is only the culminationof a process whereby HUD hasattempted to work with the debtor toresolve the default and to work outarrangements whereby foreclosure couldbe avoided.

A more detailed discussion, whichfollows, of the acquisition and servicingof Secretary-held mortgages illustratesthe effort that the Departmentundertakes to assist homeowners avoidforeclosure.

Most Title II mortgages are acquiredpursuant to section 230 of the NationalHousing Act. Under this section, amortgagor who has defaulted on hismortgage due to circumstances outsidehis control may seek to have hismortgagee assign the mortgage to HUDto avoid foreclosure and attempt to savehis home. If HUD finds that certaincriteria are met, the mortgagee assignsthe mortgage to HUD and collects themortgage insurance benefits. Among thecriteria is the requirement that themortgagor be able to resume fullmonthly mortgage payments no laterthan the 37th month after theassignment, and must be able to pay themortgage in full at the end of themortgage term, which may be extendedup to ten years to cover the arrearage.If the mortgagor cannot resume andcontinue making full monthly paymentsafter 36 months, or fails to performunder the terms of a forbearanceagreement, the Department initiatesforeclosure. A mortgagor under thisprogram who faces foreclosure has notjust recently defaulted on his mortgage.Rather, he may have been in default formore than three years. The Departmenthas been in contact with each suchmortgagor to work out a solution to thedefault. When no resolution is workedout, it will be no surprise to themortgagor that HUD is foreclosing.

A Title I home improvement loan thatis secured by a security interest in thesecured property is assigned to theDepartment for the payment ofinsurance benefits after default by theborrower. After a default, the lenderattempts to work with the borrower tocollect the delinquent payments. If theloan cannot be brought current, the loanbalance is accelerated and the note andmortgage are assigned to HUD. It isimportant to note that the lender has achoice—it can proceed against thesecurity and forego submitting a claimto HUD, or it can assign the loan to HUDand receive insurance benefits. OnceHUD acquires the loan, it is sent to a

HUD Debt Management Center forcollection activities. The Departmentattempts to work out payment planswith all Title I debtors, including thosewhere HUD has a junior lien interestsecuring the Title I loans. Prior toissuing a Notice of Intent to Foreclose toa Title I debtor, the Debt ManagementCenter has taken numerous steps toattempt to collect the delinquent debt. Aseries of demand letters is sent to thedebtor requesting payment. The DebtManagement Center reviews the accountto see if a realistic payment plan can beimplemented, or if assets are availablethat could liquidate the debt. Based onits review, the Debt Management Centermay accept a compromise offer from thedebtor. Again, because there have beennumerous contacts with the mortgagor,it cannot be said that attempts atcollection culminating with foreclosuresurprise the Title I mortgagor anddeprive him of the means to work outthe problem.

Section 312 mortgage loans areserviced by a contract servicer, who alsomaintains close contact with themortgagors. As with the Title I and TitleII mortgagors, there are opportunities towork out default problems, and it is notuntil four official notices have beenissued to the borrower over a 90-dayperiod and all attempts to work with theborrower have failed, that the processbegins for referral to the foreclosurecommissioner. A delay of 30 to 60 dayswill occur before the section 312 loanreaches the foreclosure commissioner,during which time the borrower mayhave an opportunity to reinstate.Therefore, the borrower may have up to150 days prior to the 21 day notice inwhich to bring the loan current ornegotiate a forbearance agreement.

In short, internal procedures that theDepartment has in place which are usedprior to initiating foreclosure providethat the mortgagor will have hadnumerous attempts to address thedefault under the mortgage, both withHUD staff and with the prior mortgagee.In addition, under the Title I, Title IIand Section 312 servicing procedures,there are continuing opportunities toraise and resolve disputed amounts.

Comment: Time of notice. Onecommenter recommended that themailing date of the notice should becloser to the date of the search of therecords rather than the 45 days beforethe scheduled sale date, as provided inthe proposed rule, to allow for adequatenotice of lienholders who may file a lienbetween the 45 days (maximum time forsearch) and the 21 days (minimum timefor notice to be sent).

Response: If the lienholder of such alien does not receive notice, the lien


would remain and would have to becleared. The Department believes thatthe occurrences of such liens during thistime frame would be rare. Shouldexperience show that this becomes arecurrent issue, the Department canrequest the foreclosure commissionersto make additional searches of therecords prior to the 21 day mailing ofthe notices. The Department also notesthat searches actually may be conductedless than 45 days before the sale and thenotice may be sent further in advancethan 21 days. HUD may also adjust thenumber of days in the Instructions to beissued to foreclosure commissioners.

Comment: Due process/Retroactiveeffect of statute. One commenterattached a memorandum from a TitleInsurance Company that expressedconcerns about the applicability of theAct to mortgages executed prior to theAct’s enactment as well as to theabsence of a requirement for a hearingbefore an impartial tribunal prior toforeclosure.

Another commenter raised questionsabout the retroactive application of thestatute. The commenter felt thatretroactive application would hurtmortgagors who relied on theavailability of their State’s foreclosureprocedures when entering into theirmortgages, and that failure to honorthose procedures could raise dueprocess concerns. In addition, thecommenter said that persons mostadversely affected are those whorequested HUD assignments of theirmortgage before the new regulation,relying on HUD foreclosure proceduresidentical to those in their State.

Response: Regarding the retroactiveapplication of the statute, theDepartment notes that similar questionswere raised with regard to multifamilymortgages foreclosed pursuant to theMultifamily Mortgage Foreclosure Actof 1981 (MMFA). The MMFA’sretroactive effect has been upheld incourt. In addition, the Departmentemphasizes that it is clear that Congressintended that the Act have retroactiveeffect. For example, the Act covers theforeclosure of section 312 loans made bythe Secretary, although the authority tomake such loans was repealed bysection 289 of the Cranston-GonzalezNational Affordable Housing Act in1990.

With regard to the comment aboutmortgagors relying on certainforeclosure procedures, the Departmentquestions whether mortgagors, uponentering into mortgage contracts,actually consider what foreclosureprocedures will be used in the event ofdefault. Furthermore, the Departmentemphasizes that mortgagors whose

mortgages are in default and that areassigned to the Department undersection 230 of the National Housing Act(and it is these mortgages that constitutealmost all of the mortgages that will beforeclosed under this Act andregulation) generally receive forbearancerelief for a number of years that greatlyexceeds the amount of time that wouldbe expended if the mortgages had notbeen assigned and had been foreclosedearlier by mortgagees using the Stateforeclosure procedures.

Regarding the comment that themortgagor should have an informalhearing before a foreclosure is initiatedunder these procedures, the Departmentis not insensitive to the need to dealwith mortgagors fairly and to give themopportunities to correct deficiencies andto question the amount owed. Asdiscussed previously, foreclosure of aSecretary-held mortgage does not comeas a surprise to any mortgagor. Amortgagor whose mortgage is held byHUD has been in contact with theDepartment in regard to forbearance,reduced payment plans and otherassistance before foreclosure is initiated.A foreclosure occurs only as a last resortwhen the mortgagor is unable orunwilling to make mortgage payments.

Comment: Notice of new procedures.One commenter urged that if the statuteand rule are to be applied retroactively,mortgagors who have HUD-insuredmortgages should be given actual noticeof the new procedure immediately andagain, if there is a default, at the timeinformation about the assignmentprogram is provided. The commenterurged that HUD wage an aggressivepublic information campaign, includinga bilingual information booklet.

Response: The Department plans togive notice of the new foreclosureprocedures to all single-familymortgagors whose mortgages are held bythe Secretary. The Department alsointends to inform each mortgagoraccepted into the Title II Assignmentprogram that this new procedure may beused to foreclose the HUD-heldmortgage if foreclosure becomesnecessary. The Department also intendsto require new language to be added tothe Title II security instruments used bymortgagees to provide that if theDepartment acquires the mortgage, thenonjudicial foreclosure procedures maybe used. The Department will notseparately notify all Title II mortgagorswhose existing mortgages are insured(rather than held) by HUD–FHA of thenew procedures, but those mortgagorswill be informed if they default on theirinsured mortgage loans and are acceptedinto the assignment program.

Comment: Other foreclosureprocedures. One commenter assertedthat the rule would increase the amountof time, add requirements, and increasethe costs associated with a foreclosurein the commenter’s State, where anonjudicial procedure for foreclosure isalready in place under State law. Thecommenter stated that the rule wouldadversely affect lending practices in hisState. The commenter urged that thenew procedures should be limited tojudicial foreclosure States, and shouldonly apply to HUD-held loans, and notinsured loans.

Response: The commenter hasexpressed a common misconceptionabout this rule. The Act, and hence therule, applies to mortgage loans that werepreviously insured, and are held byHUD as a result of an assignment inexchange for the payment of insurancebenefits. The rule also applies tosecured Title I loans, Section 312mortgage loans and some Title II loansthat were made with the Secretary asmortgagee. It does not apply tomortgages presently insured by HUD. Inaddition, the statute gives the Secretarythe option of using this new procedureor using any other procedures availableunder State or Federal law.

Comment: Reinstatement. Onecommenter stated that the pre-salereinstatement as a matter of right shouldnot be limited to a single instance, butshould be permitted at any time beforethe sale.

Response: The authority for thisregulatory provision is contained in thestatute, see 12 U.S.C. 3759(a)(2). Aspreviously noted, the mortgages inquestion are in default, and have beenin default for long periods of time. Themortgagors in such instances have beeninformed previously by the Departmentthat HUD would foreclose unless theiraccounts were brought current, or theiraccounts had been brought current andthen fell behind again repeatedly. Thestatute seeks to curb such abuses.

Comment: Deficiency judgment. Acommenter raised the concern that aborrower would have to take action toset aside an unfair deficiency judgment.

Response: The deficiency judgmentprovisions in the statute and theregulations are not automatic. TheSecretary has discretion about referringa case for a deficiency judgment action.

Comment: Fees. The Department wasurged to conduct a study to determinewhat would be a reasonable fee foroutside services in conductingforeclosures of HUD-held mortgages.The commenter noted that on twoprevious occasions, the Department hadcontracted for management of itsforeclosure processes and had accepted


bids that were unreasonably low, withunsatisfactory results.

Response: Under a Delegation andRedelegation of Authority publishedelsewhere in this issue of the FederalRegister, HUD’s Field Assistant GeneralCounsel will have authority to designateforeclosure commissioners under theAct and to determine compensation. Itis anticipated that the foreclosurecommissioners will generally be locallaw firms or other entities.Compensation will be determined byeach Field Assistant General Counselbased upon information received andrecommendations made to them aboutwhat constitutes reasonablecompensation for handling foreclosuresin particular geographic areas. In theseand other ways, procedures under theAct are considerably different fromprocedures referred to by thecommenter that were previously usedfor HUD’s single family mortgageforeclosures.

Comment: Guidebook availability.One commenter stated that making aguidebook available to the public wouldbe invaluable inasmuch as questionswould arise concerning why theforeclosure was not being done inconformity with State law, and wouldserve as the only viable resource ofinformation for anyone who wished tolearn about the HUD nonjudicialforeclosure process.

Response: The Department believesthat such a guidebook is not necessarybecause the guidelines are contained inthe appendix to this final rule.

Comment: Definitions. Onecommenter felt that the definition of‘‘owner’’ was too broad, and suggestedthat the term should be limited to arecorded interest in the property.

Response: The definition in theproposed rule is derived from thestatute.

Comment: Designation of foreclosurecommissioner. One commenterrecommended selecting foreclosurecommissioners from the U.S.Foreclosure Network, an organizationwhose members must meet certaincriteria of professionalism.

Response: Members of thisorganization may apply pursuant to theprocedures established under the Noticeof Application that is being published inthe Federal Register.

Comment: Natural person asforeclosure commissioner. Concern wasexpressed by one commenter abouthaving a natural person act as aforeclosure commissioner and potentialproblems arising, such as death orillness. The commenter recommendedusing a natural person only if another

type of qualified legal entity was notavailable.

Response: The statute authorizes thedesignation of a natural person or anentity that is not a natural person, andthe Department will proceedaccordingly in designating foreclosurecommissioners. Other statutoryprovisions set forth procedures fordesignating substitute foreclosurecommissioners, if necessary. Should aforeclosure commissioner who is anatural person die, become ill, or shouldanother problem arise, the FieldAssistant General Counsel may alwaysdesignate a substitute foreclosurecommissioner.

Comment: Copy of designation. Twocommenters observed that attaching acopy of the designation of theforeclosure commissioner to the Noticeof Default and Foreclosure Sale does notseem necessary and involves additionalcosts.

Response: Attachment of a copy of thedesignation is not a statutoryrequirement. Because the Notice ofDefault and Foreclosure Sale mustinclude the name, address andtelephone number of the foreclosurecommissioner, HUD will not requireattachment of the designation with eachnotice.

Comment: Notice of Default andForeclosure Sale. One commenter askedif the notice should set forth the nameof the trustee if the security instrumentbeing foreclosed is a deed of trust.

Response: The foreclosurecommissioner named by HUD willfunction as a substitute trustee in theplace of any previously named trustee.

Comment: One commenterrecommended that the notice shouldindicate that the sale is made withoutcovenant or warranty.

Response: This will be included inthe Instructions to the foreclosurecommissioner.

Comment: A commenter suggestedthat the notice should state therecording date of the mortgage ratherthan the ‘‘date of the mortgage.’’

Response: The statute provides at 12U.S.C. 3757(5) that the Notice of Defaultand Foreclosure shall contain ‘‘the dateof the mortgage * * *.’’ Providing therecordation date as well as theexecution date may be useful, and thisrequirement has been added to theabbreviated rule (§§ 29.103 and 29.121)and appendix (Secs. 7 and 17).

Comment: A commenter suggestedthat there should be clarification of thewords ‘‘earliest principal installmentremaining wholly unpaid,’’ noting thatmost installments are principal andinterest, and it would seem that even a

partially unpaid installment should bereflected.

Response: Statutory languageprovides for ‘‘the due date of the earliestinstallment payment remaining whollyunpaid * * *.’’ (emphasis added).

Comment: A commenter suggestedthat the amount or percentage of thedeposit that would be required, and thetime that the winning bidder has to paythe balance of the purchase price,should be specified in the final rule.

Response: These points will becovered in other guidance that is to begiven to the foreclosure commissionersand to HUD Field Offices. It is notcovered in the final rule, which is anabbreviated rule.

Comment: Service of Notice of Defaultand Foreclosure. One commenter notedthat in paragraph (a) of § 29.109 of theproposed rule, the term ‘‘filing’’ appearsto refer to recording. Since the term‘‘recording’’ is used later, it should beused consistently. The commenter alsopointed out that there may be a questionwhether the Notice of Default would befiled ‘‘in the manner authorized forfiling a notice of an action.’’

Response: The statute uses the terms‘‘filed’’ and ‘‘filing’’ and in this context,they are used interchangeably with‘‘record’’ and ‘‘recorded.’’ Nevertheless,to avoid confusion, the terms ‘‘record’’and ‘‘recorded’’ are used in theAppendix.

Comment: A commenter noted that inparagraph (b)(1)(i) of § 29.109 of theproposed rule, the ‘‘last known address’’should be defined as the last addressknown to the Secretary or theforeclosure commissioner.

Response: ‘‘Last known address’’ isstatutory language. The meaning hasbeen clarified, as suggested, in theappendix which follows this final rule.

Comment: A commenter noted insubparagraph (b)(1)(ii) of § 29.109 of theproposed rule, that sending notice to‘‘all subsequent mortgagors of record’’would be unnecessary since they wouldno longer have an interest and a currentaddress would not be available.

Response: The statute at 12 U.S.C.3758(2)(A)(ii) requires notice to ‘‘[a]llmortgagors of record or other personswho appear on the basis of the recordto be liable for part or all of themortgage debt * * *.’’ This provision iscontained in the appendix, and HUDwill request foreclosure commissionersto attempt to effectuate service of noticeby mail to the original mortgagor andsubsequent mortgagors of record, unlessHUD has released them from anyobligation under the note and mortgage.

Comment: A commenter stated thatnotice to senior lienholders would seemunnecessary.


Response: The statute at 12 U.S.C.3758(2)(A)(iv) provides that service ofnotice of the foreclosure sale shall beserved upon all persons holding liens ofrecord upon the secured property as therecord existed 45 days before that dateoriginally set for the foreclosure sale.

Comment: The commenter suggestedthat consistently posting a notice of theforeclosure sale on the property wouldavoid questions of proper notice, ratherthan the limited posting required if theproperty contains multiple dwellingunits or the occupants of the securityproperty are unknown.

Response: HUD is concerned thatposting notice on the property for everyforeclosure might lead to vandalism andincreased deterioration of the property.The posting provisions are contained inthe statute to ensure additional noticeunder limited circumstances. This sameissue arose when this statutory languagewas drafted and it was noted thatposting of notice is not a universalrequirement.

Comment: A commenter raisedconcerns about the proof of mailingdate. The commenter stated that proof ofmailing would be difficult to establish ifthe commissioner used a postage meter.It was suggested that the commissionercould be required to prepare an affidavitof mailing.

Response: Under 12 U.S.C.3758(2)(A), ‘‘[t]he notice of foreclosuresale shall be sent by certified orregistered mail, postage prepaid andreturn receipt requested * * * .’’ Thepost office stamped receipt of themailing, with the postal date stamp, isadequate proof of the mailing of thenotice.

Comment: One commenter raisedconcerns about the cost of publishingthe Notice of Default and ForeclosureSale, and questioned whetherpublication accomplished any purpose.

Response: This is a statutoryrequirement.

Comment: Presale reinstatement. Onecommenter observed that paragraph (b)of § 29.111 of the proposed rule refers toa sale postponement of 14 days and saysthat notice of the rescheduled sale shallbe served as described in § 29.109 of theproposed rule. However, § 29.109requires three weeks of publication. Thecommenter suggested that § 29.115 ofthe proposed rule, which deals withadjournment or cancellation of a sale,should be referenced rather than§ 29.109, which deals with service of theNotice of Default and Foreclosure Sale.

Response: The commenter is correctand an appropriate change has beenmade to § 29.107(d) of this final rule,which also specifies that the sale may becancelled in addition to being

postponed. Conforming changes havebeen made to the appropriate provisionscontained in the appendix.

Comment: Adjournment orCancellation of Sale. One commentersuggested eliminating the cost ofpublication required by paragraph (c) ofproposed § 29.115 by providing for anoral postponement as well as mailnotification to bidders who hadsubmitted sealed bids.

Response: This is a statutoryrequirement.

Comment: One commenter noted thatparagraph § 29.115(c) of the proposedrule uses the word ‘‘adjourned,’’ insteadof ‘‘postponed,’’ which is the term usedin § 29.111(b) of the proposed rule.

Response: This provision is nowcontained in both § 29.107(d) and theappendix, and ‘‘adjourned’’ has beensubstituted for ‘‘postponed’’.

Comment: Disposition of SaleProceeds. One commenter questionedthe use of surplus funds from the salein paragraph (a)(3) of § 29.121 of theproposed rule for payments of liens thatare prior to the mortgage beingforeclosed. The commenter stated thatthis would seem to conflict with theprovisions of many security documentsand probably is not what would beconsidered to be normal practice.

Response: This is a statutoryrequirement. In many cases, these priorliens will be in the nature of taxes,water and sewer liens, and the like. ForTitle I loans that are foreclosed, theliens may be senior mortgages.

Comment: A commenter suggestedthat a period of time for which recordsof the sale should be kept should bespecified.

Response: The department’sinstructions to the foreclosurecommissioners may specify the periodof time for record retention.

Comment: Record of Foreclosure andSale. One commenter noted that insubparagraph (a)(3) of § 29.127 of theproposed rule, the date the mortgagewas recorded should be used rather thanthe date of the mortgage.

Response: This requirement isstatutory; see 12 U.S.C. 3764(a)(2).However, the Department agrees thatthis additional information would beuseful, and this is included in this finalrule at § 29.121 and in the appendix.

Comment: One commenter suggestedthat it seems to be unnecessary to attachthe names and addresses of the partiesto whom notice was mailed, as set forthin subparagraph (a)(4) of § 29.127 of theproposed rule, as long as a recitalrelative to the proper mailing of noticesis included in the other recitals.

Response: This is a statutoryrequirement. See 12 U.S.C. 3764(a)(3).

Comment: Recordation of affidavitand addendum. One commenter statedthat the recitations contained in§ 29.127(a) of the proposed rule shouldbe recorded in the public records. Thecurrent language of the proposed rulemay be interpreted to read that thecommissioner can make the recitationsin an affidavit or addendum, whichneed not be recorded with the deed. Thecommenter recommended that thislanguage should be clarified to make itclear that the information should berecorded in the public records, in thedeed or an affidavit or addendum to thedeed.

Response: It is the Department’sintent that this information be recorded,whether contained in the deed itself, oran affidavit or addendum. This will beclarified in the instructions to thecommissioners.

Comment: Effect of sale. Section29.127(c) of the proposed rule providesthat a sale made and conducted underthe provisions of the Act shall bar theinterest of any person whose interestwas not docketed or recorded before thedate on which the notice of theforeclosure sale ‘‘was first served bypublication.’’ One commenter suggestedthat for consistency, this wording mightbe replaced with the wording set forthin § 29.109(b)(1).

Response: This is a statutoryrequirement. See section 816(3) of thisAct.

III. Other Matters

Environmental Impact

In accordance with 40 CFR 1508.4 ofthe CEQ regulations and 24 CFR 50.20of the HUD regulations, the policies andactions in this document are determinednot to have the potential of having asignificant impact on the quality of thehuman environment and thereforefurther environmental review under theNational Environmental Policy Act isnot necessary.

Regulatory Flexibility Act

The Secretary, in accordance with theRegulatory Flexibility Act (5 U.S.C.605(b)), has reviewed this final rulebefore publication and, by approving it,certifies that this proposed rule wouldnot have a significant economic impacton a substantial number of smallentities. The final rule is limited toimplementation of statutory authorityfor the nonjudicial foreclosure of HUD-held single family mortgages, and thereare no unusual procedures that wouldneed to be complied with by smallentities.


Executive Order 12606, the Family

The General Counsel, as theDesignated Official under ExecutiveOrder 12606, the Family, hasdetermined that this final rule wouldnot have potential significant impact onfamily formation, maintenance, andgeneral well-being, and thus is notsubject to review under the Order. Thefinal rule implements procedures for thenonjudicial foreclosure of HUD-heldsingle family mortgages. Theseprocedures would impact those familieswho would be required to vacate morequickly than under other procedures.However, this impact is expected to besmall, and would be offset by the benefitto families to the extent that theseprocedures decrease the risk to single-family housing of vandalism, fire loss,depreciation, and damage and waste,and the attendant adverse effects on theneighborhoods in which the propertiesare located.

Executive Order 12512, Federalism

The General Counsel, as theDesignated Official under section 6(a) ofExecutive Order 12612, Federalism, hasdetermined that although this final rulewould have an effect on States or theirpolitical subdivisions, and therelationship between the Federalgovernment and the States, theprovisions of this final rule do not have‘‘federalism implications’’ within themeaning of the Order because theauthorizing statute provides for thepreemption of State law.


Foreclosures, Mortgages.Accordingly, title 24 CFR is amended

by adding a new part 29, consisting ofsubparts A and B, to read as follows:

PART 29—NONJUDICIALFORECLOSURE OF SINGLE FAMILYMORTGAGES

Subpart A—General

Sec.29.1 Purpose, scope and applicability.29.3 Definitions.

Subpart B—Procedures

29.101 Designation of foreclosurecommissioner and substitutecommissioner.

29.103 Notice of default and foreclosuresale.

29.105 Service of Notice of Default andForeclosure Sale.

29.107 Presale reinstatement.29.109 Conduct of sale.29.111 Adjournment or cancellation of sale.29.113 Foreclosure costs.29.115 Disposition of sales proceeds.29.117 Transfer of title and possession.29.119 Redemption rights.

29.121 Record of foreclosure and sale.29.123 Deficiency judgment.

Authority: 12 U.S.C. 1715b, 3751–3768; 42U.S.C. 1452b, 3535(d).

Subpart A—General

§ 29.1 Purpose, scope and applicability.

(a) Purpose. The purpose of this partis to implement requirements for theadministration of the Single FamilyMortgage Foreclosure Act of 1994 (theAct), 12 U.S.C. 3751–3768, that clarify,or are in addition to, the requirementscontained in the Act.

(b) Scope. The Secretary mayforeclose on any defaulted single familymortgage described in the Act regardlessof when the mortgage was executed.

(c) Applicability. The Secretary may,at the Secretary’s option, use otherprocedures to foreclose defaulted singlefamily mortgages, including judicialforeclosure in State or Federal Court,and nonjudicial foreclosures under Statelaw or any other Federal law. This partapplies only to foreclosure proceduresauthorized by the Act and not to anyother foreclosure procedures theSecretary may use.


The definitions contained in the Act(at 12 U.S.C. 3752) shall apply to thispart, in addition to and as furtherclarified by the following definitions. Asused in this part—

Act means the Single FamilyMortgage Foreclosure Act of 1994.

County means a political subdivisionof a State or Territory of the UnitedStates, created to aid in theadministration of State law for thepurpose of local self government, andincludes a parish or any otherequivalent subdivision.

Mortgage is as defined in the Actexcept that the reference to property as‘‘(real, personal or mixed)’’ means ‘‘anyproperty (real or mixed real andpersonal).’’

Mortgage Agreement is as defined inthe Act, and also means any othersimilar instrument or instrumentscreating the security interest in the realestate for the repayment of the note ordebt instrument.

Mortgagor is a defined in the Act,except that the reference to ‘‘trustee’’mean ‘‘trustor.’’

Record; Recorded means to enter orentered in public land record systemsestablished under State statutes for thepurpose of imparting constructivenotice to purchasers of real property forvalue and without knowledge, andincludes ‘‘register’’ and ‘‘registered’’ inthe instance of registered land, and‘‘file’’ and its variants in the context of

entering documents in public landrecords.

Secretary means the Secretary ofHousing and Urban Development, actingby and through any authorized designeeexclusive of the foreclosurecommissioner.

Security Property is as defined in thestatute except that the reference toproperty as ‘‘(real, personal or mixed)’’means ‘‘any property (real or mixed realand personal).’’

Subpart B—Procedures

§ 29.101 Designation of foreclosurecommissioner and substitutecommissioner.

(a) The Secretary may designateforeclosure commissioners, includingsubstitute commissioners, as set forth inthe Act.

(b) The method of selection anddetermination of the qualifications ofthe foreclosure commissioner shall be atthe discretion of the Secretary. Theexecution of a designation pursuant tothis section shall be conclusiveevidence that the commissioner selectedhas been determined to be qualified bythe Secretary. The designation iseffective upon execution.

§ 29.103 Notice of default and foreclosuresale.

(a) The foreclosure commissionershall commence the foreclosure underthe procedures set forth in the Act.

(b) The Notice of Default andForeclosure Sale (Notice) shall include,in addition to the provisions as requiredby the Act:

(1) The foreclosure commissioner’stelephone number;

(2) The legal description of thesecurity property as contained in themortgage instrument;

(3) The date the mortgage wasrecorded;

(4) Identification of the failure tomake payment, including the entireamount delinquent as of a datespecified, a statement generallydescribing the other costs that must bepaid if the mortgage is to be reinstated,the due date of the earliest principalinstallment payment remaining whollyunpaid as of the date on which thenotice is issued upon which theforeclosure is based, or a description ofany other default or defaults uponwhich foreclosure is based, and theacceleration of the securedindebtedness; and

(5) The bidding and paymentrequirements for the foreclosure sale,including the time and method ofpayment of the balance of theforeclosure purchase price, that alldeposits and the balance of the purchase


price shall be paid by certified orcashier’s check, and that no deposit willbe required of the Secretary when theSecretary bids at the foreclosure sale.

§ 29.105 Service of Notice of Default andForeclosure Sale.

(a) The Notice of Default andForeclosure Sale shall be served inaccordance with the provisions of theAct. When notice is sent by mail,multiple mailings are not required to besent to any party with multiplecapacities, e.g., an original mortgagorwho is the security property owner andlives in one of the units. The date of thereceipt for the postage paid for themailing may serve as proof of the dateof mailing of the notice.

(b) Notice need not be mailed to anymortgagors who have been releasedfrom all obligations under the mortgage.

§ 29.107 Presale reinstatement.(a) The foreclosure commissioner

shall withdraw the security propertyfrom foreclosure and cancel theforeclosure sale only in accordance withthe provisions of the Act and as morefully provided in this section, in regardto presale reinstatements.

(b) To obtain a presale reinstatementin cases involving a monetary default,there must be tendered to theforeclosure commissioner before publicauction is completed all amounts whichwould be due under the mortgageagreement if payments under themortgage had not been accelerated andall costs of foreclosure incurred forwhich payment from the proceeds offoreclosure is provided in the Act, andthe foreclosure commissioner must findthat there are no nonmonetary defaults;provided, however, that the Secretarymay refuse to cancel a foreclosure salepursuant to this paragraph if the currentmortgagor or owner of record has, onone or more previous occasions, causeda foreclosure of the mortgage,commenced pursuant to this part orotherwise, to be canceled by curing adefault.

(c) To obtain a presale reinstatementin cases involving a nonmonetarydefault:

(1) The foreclosure commissioner,upon application of the mortgagorbefore the date of foreclosure sale, mustfind that all nonmonetary defaults arecured and that there are no monetarydefaults; and

(2) There must be tendered to theforeclosure commissioner before publicauction is completed all amounts dueunder the mortgage agreement(excluding all amounts which would bedue under the mortgage agreement if themortgage payments had been

accelerated), including all amounts ofexpenditures secured by the mortgageand all costs of foreclosure incurred forwhich payment would be made from theproceeds of foreclosure as provided inthe Act.

(d) Before withdrawing the securityproperty from foreclosure, theforeclosure commissioner shall notifythe Secretary of the proposedwithdrawal by telephone or othertelecommunication device and shallalso provide the Secretary with awritten statement of the reasons for theproposed withdrawal along with alldocuments submitted by the mortgagorin support of the proposed withdrawal.Upon receipt of this statement, theSecretary shall have ten (10) days inwhich to demonstrate why the securityproperty should not be withdrawn fromforeclosure, and if the Secretary makesthis demonstration, the property shallnot be withdrawn from foreclosure. TheSecretary shall provide the mortgagorwith a copy of any statement preparedby the Secretary in opposition to theproposed withdrawal at the same timethe statement is submitted to theforeclosure commissioner. If theSecretary receives the foreclosurecommissioner’s written statement lessthan 10 days before the scheduledforeclosure sale, the sale shallautomatically be adjourned for 14 days,during which time it may be cancelled.Notice of the re-scheduled sale, if any,shall be served as described in § 29.111.

§ 29.109 Conduct of sale.(a) The foreclosure sale shall be

conducted in a manner and at a timeand place as identified in the Notice ofDefault and Foreclosure Sale and inaccordance with the provisions of theAct.

(b) The foreclosure commissionershall attend the foreclosure sale inperson or, if the commissioner is not anatural person, through a dulyauthorized employee. If more than onecommissioner has been designated, atleast one shall attend the sale.

(c) In addition to bids made in personat the sale, the foreclosurecommissioner shall accept written one-price sealed bids from any party,including the Secretary, for entry byannouncement at the sale so long asthose bids conform to the requirementsdescribed in the Notice of Default andForeclosure Sale. The foreclosurecommissioner shall announce the nameof each such bidder and the amount ofthe bid. The commissioner shall acceptoral bids from any party, includingparties who submitted one-price sealedbids, if those oral bids conform to therequirements in the Notice of Default

and Foreclosure Sale. Before the close ofthe sale the commissioner shallannounce the amount of the high bidand the name of the successful bidder.If the successful bidder fails to complywith the terms of the sale, the HUDField Office representative will provideinstructions to the commissioner aboutoffering the property to the secondhighest bidder, or having a new sale, orother instruction at the discretion of theHUD representative.

(d) Prohibited participants. Relativesof the foreclosure commissioner whomay not bid include parents, siblings,spouses and children. A relatedbusiness entity that may not bid orwhose employees may not bid is onewhose relationship (at the time theforeclosure commissioner is designatedand during the term of service asforeclosure commissioner) with theentity of the foreclosure commissioneris such that, directly or indirectly, oneentity formulates, directs, or controlsthe other entity; or has the power toformulate, direct, or control the otherentity; or has the responsibility andauthority to prevent or promptly tocorrect, the offensive conduct of theother entity.

(e) Auctioneers. If the commissioneremploys an auctioneer to conduct theforeclosure sale, the auctioneer must bea licensed auctioneer, an officer of Stateor local government, or any other personwho commonly conducts foreclosuresales in the area in which the securityproperty is located.

§ 29.111 Adjournment or cancellation ofsale.

(a) The foreclosure commissionermay, before or at the time of theforeclosure sale, adjourn or cancel theforeclosure sale in accordance with theprovisions of the Act. The publication ofNotice of Default and Foreclosure Sale,revised pursuant to the Act, may bemade on any of three consecutive daysprior to the revised date of foreclosuresale so long as the first publication ismade at least seven days before the dateto which the sale has been adjourned.The commissioner shall, in the case ofa sale adjourned to a later date, mail acopy of the revised Notice of Defaultand Foreclosure Sale to the Secretary atleast seven days before the date towhich the sale has been adjourned.

(b) When a substitute commissioner isdesignated by the Secretary to replace apreviously designated foreclosurecommissioner, the sale shall continuewithout prejudice unless the substitutecommissioner finds, in thatcommissioner’s sole discretion, thatcontinuation of the foreclosure sale willunfairly affect the interests of the


mortgagor. Any such finding shall be inwriting. If the substitute commissionermakes such a finding, the substitutecommissioner shall cancel or adjournthe sale.

§ 29.113 Foreclosure costs.A commission may be allowed to the

foreclosure commissionernotwithstanding termination of the saleor appointment of a substitutecommissioner before the sale takesplace.

§ 29.115 Disposition of sales proceeds.The foreclosure commissioner will

keep such records as will permit theSecretary to verify the costs claimed,and otherwise to enable the Secretary toaudit the foreclosure commissioner’sdisposition of the sale proceeds.

§ 29.117 Transfer of title and possession.(a) If the Secretary is the successful

bidder, the foreclosure commissionershall issue a deed to the Secretary uponreceipt of the amount needed to pay thecosts of tax liens and prior liens, as setforth in 12 U.S.C. 3762 (a)(2) and (a)(3).If the Secretary is not the successfulbidder, the foreclosure commissionershall issue a deed to the purchaser orpurchasers upon receipt of the entirepurchase price in accordance with theterms of the sale as provided in theNotice of Default and Foreclosure Sale.

(b) The register of deeds or otherappropriate official in the county wherethe property is located shall, upontendering of the customary recordingfees, accept all instruments pertaining tothe foreclosure which are submitted bythe foreclosure commissioner forrecordation. The instruments to beaccepted shall include, but not belimited to, the foreclosurecommissioner’s deed. If the foreclosurecommissioner elects to include therecitations required under the Act (12U.S.C. 3764) in an affidavit or anaddendum to the deed, the affidavit oraddendum shall be accepted along withthe deed for recordation. The Clerk ofthe Court or other appropriate officialshall cancel all liens as requested by theforeclosure commissioner.

§ 29.119 Redemption rights.Only for purposes of redemption

rights under the Act, a foreclosure shallbe considered completed upon the dateand at the time of the foreclosure sale.

§ 29.121 Record of foreclosure and sale.The statements regarding the

foreclosed mortgage required toestablish a sufficient record shallinclude the date the mortgage wasrecorded. The statements regarding theservice of the Notice of Default and

Foreclosure Sale shall include thenames and addresses of the persons towhom the Notice was mailed and thedate on which the Notice was mailed,the name of the newspaper in which theNotice was published and the dates ofpublication, and the date on whichservice by posting, if required, wasaccomplished.

§ 29.123 Deficiency judgment.

If the price at which the securityproperty is sold at the foreclosure saleis less than the unpaid balance of thedebt secured by such property afterdisposition of sale proceeds inaccordance with the order of priorityprovided under the Act, the Secretarymay refer the matter to the AttorneyGeneral who may commence an actionor actions against any and all debtors torecover the deficiency, unless such anaction is specifically prohibited by themortgage.

Dated: October 20, 1995.Henry G. Cisneros,Secretary.[The following appendix to part 29 will notbe codified in title 24 of the Code of FederalRegulations.]

Appendix to Part 29: NonjudicialForeclosure of Single FamilyMortgages—Guide

Item1. Purpose.2. Scope and applicability.3. Definitions.4. Designation of foreclosure commissioner.5. Prerequisites to foreclosure.6. Commencement of foreclosure.7. Notice of default and foreclosure sale.8. Service of notice of default and foreclosure

sale.9. Presale reinstatement.10. Conduct of sale.11. Adjournment or cancellation of sale.12. Validity of sale.13. Foreclosure costs.14. Disposition of sale proceeds.15. Transfer of title and possession.16. Redemption rights.17. Record of foreclosure and sale.18. Effect of sale.19. Computation of time.20. Deficiency judgment.

1. Purpose

The purpose of this guide is to present, ina single document, the statutory andregulatory requirements of the Single FamilyMortgage Foreclosure Act of 1994 (the Act),12 U.S.C. 3751–3768. Although it presentsthe regulatory and statutory requirements ina combined format, this guide is a secondarysource for these requirements. The Code ofFederal Regulations (CFR), at 24 CFR part 29,is the primary, governing source forregulatory requirements, and the Act is theprimary, governing source for statutoryrequirements.

The Act creates a uniform Federal remedyfor foreclosure of certain single familymortgages which are held by the Secretary ofHousing and Urban Development pursuant toTitle I of the National Housing Act, 12 U.S.C.1702 et seq., Title II of the National HousingAct, 12 U.S.C. 1707 et seq., or Section 312of the Housing Act of 1964, 42 U.S.C. 1452b(as it existed before repeal). The Secretary’spowers under the Act to appoint aforeclosure commissioner or commissionersand substitute commissioners, and to fix thecompensation of commissioners have beendelegated to the HUD General Counsel.

The availability of uniform and moreexpeditious procedures, with no right ofredemption in the mortgagor or others, forthe foreclosure of these mortgages by theDepartment, will ameliorate the negativeconsequences of the disparate State lawsunder which mortgages covering one- to four-family residential properties are foreclosedon behalf of HUD. The long periods of timethat are required under State law to completeforeclosure of such mortgages lead todeterioration in the condition of theproperties involved, necessitate substantialFederal holding expenditures, increase therisk of vandalism, fire loss, depreciation,damage, and waste with respect to theproperties, and adversely affect theneighborhoods in which the properties arelocated. These consequences seriously impairthe ability of HUD to protect Federalfinancial interests in the properties andfrustrate attaining the objectives of theunderlying Federal program authority. Use ofthis nonjudicial foreclosure procedure willalso reduce unnecessary litigation, whichcontributes to already overcrowded courtcalendars, by removing many foreclosuresfrom the courts.

2. Scope and Applicability

(a) Scope. Under the Act, HUD mayforeclose on any defaulted single familymortgage (as defined in section 3 of thisappendix), encumbering real estate in anyState regardless of when the mortgage wasexecuted.

(b) Applicability. HUD, at its discretion,may use other procedures to foreclosedefaulted single family mortgages, includingjudicial foreclosure in State or Federal Court,and nonjudicial foreclosures under State lawor any other Federal law.

3. Definitions

As used in this guide—Act means the Single Family Mortgage

Foreclosure Act of 1994.Bona fide purchaser means a purchaser for

value in good faith and without notice of anyadverse claim, and who acquires the securityproperty free of any adverse claim.

County means a political subdivision of aState or Territory of the United States,created to aid in the administration of statelaw for the purpose of local self-government,and includes a parish or any other equivalentsubdivision.

Mortgage means a deed of trust, mortgage,deed to secure debt, security agreement, orany other form of instrument under whichany property (real or mixed real andpersonal), or any interest in property


(including leaseholds, reversionary interests,and any other estates under applicable Statelaw), is conveyed in trust, mortgaged,encumbered, pledged, or otherwise renderedsubject to a lien for the purpose of securingthe payment of money or the performance ofan obligation.

Mortgage agreement means the note or debtinstrument and the mortgage instrument,deed of trust instrument, trust deed, or anyother similar instrument or instrumentscreating the security interest in the real estatefor the repayment of the note or debtinstrument, including any instrumentincorporated by reference therein and anyinstrument or agreement amending ormodifying any of the foregoing.

Mortgagor means the debtor, obligor,grantor, or trustor named in the mortgageagreement and, unless the context otherwiseindicates, includes the current owner ofrecord of the security property whether ornot such owner is personally liable on themortgage debt.

Owner means any person who has anownership interest in the property andincludes heirs, devisees, executors,administrators, and other personalrepresentatives, and trustees of testamentarytrusts if the owner of record is deceased.

Person includes any individual, group ofindividuals, association, partnership,corporation, or organization.

Record; Recorded means to enter orentered in public land record systemsestablished under State statutes for thepurpose of imparting constructive notice topurchasers of real property for value andwithout actual knowledge, and includes‘‘register’’ and ‘‘registered’’ in the instance ofregistered land, and ‘‘file’’ and its variants inthe context of entering documents in publicland records.

Secretary means the Secretary of Housingand Urban Development, acting by andthrough any authorized designee exclusive ofthe foreclosure commissioner.

Security property means the property (realor mixed real and personal) or an interest inproperty (including leaseholds, life estates,reversionary interests, and any other estatesunder applicable law), together with fixturesand other interests subject to the lien of themortgage under applicable law.

Single family mortgage means a mortgagethat covers property on which there islocated a 1- to 4-family residence, and that:

(1) Is held by the Secretary pursuant to titleI or title II of the National Housing Act (12U.S.C. 1701 et seq.); or

(2) Secures a loan obligated by theSecretary under section 312 of the HousingAct of 1964 as it existed before the repeal ofthat section by section 289 of the Cranston-Gonzalez National Affordable Housing Act. Amortgage securing such a loan that coversproperty containing nonresidential space anda 1- to 4-family dwelling is not subject toforeclosure under the Act.

State means:(1) The several States;(2) The District of Columbia;(3) The Commonwealth of Puerto Rico;(4) The United States Virgin Islands;(5) Guam;(6) American Samoa;

(7) The Northern Mariana Islands; and(8) Indian tribes, meaning any Tribe, band,

group or nation, including Alaskan Indians,Aleuts, and Eskimos, and any Alaskan NativeVillage of the United States that is consideredan eligible recipient under Title I of theIndian Self-Determination and EducationAssistance Act (25 U.S.C. 450) or wasconsidered an eligible recipient under theState and Local Fiscal Assistance Act of 1972(31 U.S.C. 1221) before repeal of that Act.Eligible recipients under the Indian Self-Determination and Education Assistance Actare determined by the Bureau of IndianAffairs.

4. Designation of Foreclosure Commissioner(a) The Secretary may designate a person

or persons to serve as a foreclosurecommissioner for the purpose of foreclosingsingle family mortgages, and such aforeclosure commissioner has a nonjudicialpower of sale as provided under the Act.

(b) The foreclosure commissioner, if anatural person, must be a resident of theState in which the security property islocated and, if not a natural person, theforeclosure commissioner must be dulyauthorized to transact business under laws ofthe State in which the security property islocated. No person shall be designated as aforeclosure commissioner unless that personis determined by the Secretary to beresponsible, financially sound, andcompetent to conduct a foreclosure. Themethod of selection and determination of thequalifications of the foreclosurecommissioner are at the discretion of theSecretary, and the execution of a designationpursuant to the Act is conclusive evidencethat the commissioner selected has beendetermined to be qualified by the Secretary.

(c) The Secretary designates a foreclosurecommissioner by executing a writtendesignation stating the name and business orresidential address of the commissioner,except that if a person is designated in hisor her capacity as an official or employee ofa government or corporate entity, such aperson may be designated by his or herunique title or position instead of by name.The designation is effective upon execution.

(d) The Secretary may designate, with orwithout cause, a substitute foreclosurecommissioner to replace a previouslydesignated foreclosure commissioner, by theprocedure contained in paragraph (c) of thisitem.

(1) A substitution of the foreclosurecommissioner may be made at any time priorto the time of the foreclosure sale, and theforeclosure shall continue without prejudice,unless the substitute commissioner, in thatcommissioner’s sole discretion, finds thatcontinuation of the foreclosure sale willunfairly affect the interests of the mortgagor.Any such finding must be in writing. If thesubstitute commissioner makes such afinding, the substitute commissioner willcancel the foreclosure sale, or adjourn thesale as explained in item 11 of this appendix.

(2) If a substitute commissioner isdesignated, a copy of the written notice of thedesignation referred to in paragraph (c) ofthis item must be served:

(i) By mail, as described in item 8 of thisappendix, (except that the minimum time

periods between mailing and the date of theforeclosure sale do not apply); or

(ii) In any other manner which, in thesubstitute foreclosure commissioner’s solediscretion, is conducive to achieving timelynotice of such substitution.

5. Prerequisites to Foreclosure

(a) The Secretary may commenceforeclosure of a single family mortgage underthe Act upon the breach of a covenant orcondition in the mortgage agreement.

(b) No foreclosure under the Act may becommenced unless any previously pendingjudicial or nonjudicial proceeding that hasbeen separately instituted by the Secretary toforeclose the mortgage in a manner otherthan under the Act has been withdrawn,dismissed, or otherwise terminated.

(c) The Secretary will not institute anyseparate foreclosure proceeding concerning aproperty while it is the subject of aforeclosure pursuant to the Act.

(d) The Act does not preclude the Secretaryfrom enforcing any right, other thanforeclosure, under applicable Federal or Statelaw, including any right to obtain a monetaryjudgment, or foreclosing under the Act if theSecretary has obtained or is seeking any otherremedy available pursuant to Federal or Statelaw, or under the mortgage agreement.

6. Commencement of Foreclosure

If the Secretary determines that theprerequisites to foreclosure set forth in item5 of this appendix are satisfied, the Secretarymay direct the foreclosure commissioner tocommence foreclosure of the mortgage. Uponsuch request, the foreclosure commissionerwill commence foreclosure of the mortgage inaccordance with item 7 of this appendix.

7. Notice of Default and Foreclosure Sale

The commissioner commences theforeclosure by serving a Notice of Default andForeclosure Sale. The Notice sets forth thename, address and telephone number of theforeclosure commissioner and the date onwhich the Notice was issued, along with thefollowing information:

(a) The current mortgagee (that is, theSecretary), the original mortgagee (if otherthan the Secretary), and the originalmortgagor.

(b) The street address or a description ofthe location of the security property and thelegal description of the security property ascontained in the mortgage instrument.

(c) The date of the mortgage, the date themortgage was recorded, the office in whichthe mortgage is recorded, and the liber andfolio numbers or other appropriatedescription of the location of recordation ofthe mortgage.

(d) Identification of the failure to makepayment, including the entire amountdelinquent as of a date specified, a statementgenerally describing the other costs that mustbe paid if the mortgage is to be reinstated, thedue date of the earliest principal installmentpayment remaining wholly unpaid as of thedate on which the Notice is issued uponwhich the foreclosure is based, or adescription of any other default or defaultsupon which foreclosure is based, and theacceleration of the secured indebtedness.


(e) The date, time, and location of theforeclosure sale.

(f) A statement that the foreclosure is beingconducted in accordance with the Act.

(g) A description of the types of costs, ifany, to be paid by the purchaser upontransfer of title.

(h) The bidding and payment requirementsfor the foreclosure sale, including the amountand method of deposit to be required at theforeclosure sale, and the time and method ofpayment of the balance of the foreclosurepurchase price. The Notice must state that alldeposits and the balance of the purchaseprice must be paid by certified or cashier’scheck. The Notice must also state that nodeposit will be required of the Secretarywhen the Secretary bids at the foreclosuresale.

(i) Any other appropriate terms of sale orinformation as the Secretary may determine.

8. Service of Notice of Default andForeclosure Sale

The foreclosure commissioner will servethe Notice of Default and Foreclosure Saleupon the following persons and in thefollowing manner, and no additional noticewill be required to be served,notwithstanding any notice requirements ofany State or local law:

(a) Filing the notice. The Notice of Defaultand Foreclosure Sale must be filed not lessthan 21 days before the date of theforeclosure sale in the manner authorized forfiling a notice of an action concerning realproperty according to the law of the State inwhich the security property is located, or ifnone, in the manner authorized by Section3201 of title 28, United States Code.

(b) Notice by mail. (1) The Notice must besent by certified or registered mail, postageprepaid, return receipt requested, to thefollowing (except that multiple mailings arenot required to be sent to any party withmultiple capacities, e.g., an originalmortgagor who is the security property ownerand lives in one of the units):

(i) The current security property owner ofrecord, as the record existed 45 days beforethe date originally set for the foreclosure sale,whether or not the notice describes a saleadjourned as provided in the Act. The Noticemust be mailed not less than 21 days beforethe date of the foreclosure sale to the currentowner at the last address known to theSecretary or the foreclosure commissioner or,if none, to address of the security property,or, at the discretion of the foreclosurecommissioner, to any other address believedto be that of the current owner.

(ii) The original mortgagor and allsubsequent mortgagors of record or otherpersons who appear on the basis of therecord to be liable for part or all of themortgage debt, as the record existed 45 daysbefore the date originally set for theforeclosure sale, whether or not the Noticedescribes a sale adjourned as provided in theAct, except that the Notice need not bemailed to any mortgagors who have beenreleased from all obligations under themortgage. Notice under paragraph (b) of thisitem must be mailed not less than 21 daysbefore the date of the foreclosure sale to thelast known address of the mortgagors or, if

none, to the address of the security property,or, at the discretion of the foreclosurecommissioner, to any other address believedto be that of such mortgagors.

(iii) All dwelling units in the securityproperty, whether or not the Notice describesa sale adjourned as provided in this part.Notice under paragraph (b) of this item shallbe mailed not less than 21 days before thedate of the foreclosure sale. If the names ofthe occupants of the security property are notknown to the Secretary, or if the securityproperty has more than one dwelling, theNotice must be posted at the securityproperty not less than 21 days before theforeclosure sale.

(iv) All persons holding liens of recordupon the security property, as the recordexisted 45 days before the date originally setfor the foreclosure sale, whether or not thenotice describes a sale adjourned as providedin the Act. Notice under this paragraph (b)of this item must be mailed not less than 21days before the date of the foreclosure saleto each such lienholder’s address of record,or, at the discretion of the foreclosurecommissioner, to any other address believedto be that of such lienholder.

(2) Notice by mail is deemed duly givenupon mailing, whether or not received by theaddressee and whether or not a return receiptis received or the notice is returned. The dateof the receipt for the postage paid for themailing may serve as proof of the date ofmailing of the notice.

(c) Publication. (1) A copy of the Notice ofDefault and Foreclosure Sale must bepublished once a week during threesuccessive calendar weeks before the date ofthe foreclosure sale. Such publication mustbe in a newspaper or newspapers havinggeneral circulation in the county or countiesin which the security property being sold islocated. A legal newspaper that is acceptedas a newspaper of legal record in the countyor counties in which the security propertybeing sold is located is a newspaper havinggeneral circulation for the purposes of thisparagraph.

(2) If there is no newspaper of generalcirculation published at least weekly in thecounty or counties in which the securityproperty being sold is located, copies of theNotice of Default and Foreclosure Sale mustbe posted, not less than 21 days before thedate of the foreclosure sale, at the courthouseof any county or counties in which thesecurity property is located and at the placewhere the sale is to be held.

9. Presale Reinstatement(a) Except as provided in paragraph (d) of

item 4 of this appendix, paragraph (b) of thisitem, and item 11 of this appendix, theforeclosure commissioner will withdraw thesecurity property from foreclosure and cancelthe foreclosure sale only if:

(1) The Secretary directs the foreclosurecommissioner to do so before or at the timeof the sale; or

(2) The foreclosure commissioner finds,upon application of the mortgagor not lessthan three business days before the date ofthe sale, that the default or defaults uponwhich the foreclosure is based did not existat the time of service of the Notice of Defaultand Foreclosure Sale; or

(3) In the case of a foreclosure involving amonetary default, there is tendered to theforeclosure commissioner before publicauction is completed all amounts that wouldbe due under the mortgage agreement ifpayments under the mortgage had not beenaccelerated, all costs of foreclosure incurredfor which payment from the proceeds offoreclosure is provided in item 13 of thisappendix, and the foreclosure commissionerfinds that there are no nonmonetary defaults;provided, however, that the Secretary mayrefuse to cancel a foreclosure sale pursuantto this subparagraph if the current mortgagoror owner of record has, on one or moreprevious occasions, caused a foreclosure ofthe mortgage, commenced pursuant to theAct or otherwise, to be canceled by curing adefault; or

(4) In the case of a foreclosure involving anonmonetary default:

(i) The foreclosure commissioner, uponapplication of the mortgagor before the dateof foreclosure sale, finds that allnonmonetary defaults are cured and thatthere are no monetary defaults; and

(ii) There is tendered to the foreclosurecommissioner before public auction iscompleted all amounts due under themortgage agreement (excluding all amountswhich would be due under the mortgageagreement if the mortgage payments had beenaccelerated), including all amounts ofexpenditures secured by the mortgage and allcosts of foreclosure incurred for whichpayment would be made from the proceedsof foreclosure.

(b) Before withdrawing the securityproperty from foreclosure under paragraphs(a)(2), (a)(3), or (a)(4) of this item, theforeclosure commissioner must notify theSecretary of the proposed withdrawal bytelephone or other telecommunication deviceand must also provide the Secretary with awritten statement of the reasons for theproposed withdrawal along with alldocuments submitted by the mortgagor insupport of the proposed withdrawal. Uponreceipt of this statement, the Secretary hasten (10) days in which to demonstrate whythe security property should not bewithdrawn from foreclosure, and if theSecretary makes this demonstration, theproperty will not be withdrawn fromforeclosure. The Secretary will provide themortgagor with a copy of any statementprepared by the Secretary in opposition tothe proposed withdrawal at the same timethe statement is submitted to the foreclosurecommissioner. If the Secretary receives theforeclosure commissioner’s written statementless than 10 days before the scheduledforeclosure sale, the sale will automaticallybe adjourned for 14 days, during which timeit may also be canceled. Under thesecircumstances, notice of the rescheduledsale, if any, will be served as described initem 11(c) of this appendix.

(c) If the foreclosure commissioner cancelsthe foreclosure, the mortgage will continue ineffect as though acceleration had notoccurred.

(d) Cancellation of a foreclosure sale willhave no effect on the commencement of asubsequent foreclosure proceeding.

(e) The foreclosure commissioner must filea notice of cancellation in the same place and


manner provided for filing the Notice ofDefault and Foreclosure Sale as provided initem 8 of this appendix.

10. Conduct of Sale(a) The foreclosure sale will be conducted

in a manner and at a time and place asidentified in the Notice of Foreclosure andSale and more fully described in this item.The sale will be scheduled for a date 30 ormore days after the due date of the earliestunpaid installment as described in item 7(d)of this appendix, or the earliest occurrence ofa nonmentary default. The sale will be heldat public auction and must be scheduled tobeing at a time between the hours of 9:00a.m. and 4:00 p.m. local time. The sale willbe scheduled for a place where foreclosurereal estate auctions are customarily held inthe county or counties in which the propertyto be sold in located, or at a courthousetherein, or at or on the property to be sold.If the security property is situated in twocounties, the sale may be held in any one ofthe counties in which any part of the securityproperty is situated.

(b) The foreclosure commissioner willconduct the foreclosure sale in a manner thatis fair to both the mortgagor and the Secretary(see item 12 of this appendix), and consistentwith the provisions of the Act.

(c) The foreclosure commissioner willattend the foreclosure sale in person or, if thecommissioner is not a natural person,through a duly authorized employee. If morethan one commissioner has been designated,at least one must attend the sale.

(d) In addition to bids made in person atthe sale, the foreclosure commissioner willaccept written one-price sealed bids from anyparty, including the Secretary, for entry byannouncement at the sale so long as thosebids conform to the requirements describedin the Notice of Default and Foreclosure Sale.The foreclosure commissioner will announcethe name of each bidder and the amount ofthe bid. The commissioner will accept oralbids from any party, including parties whosubmitted one-price sealed bids, if those oralbids conform to the requirements in theNotice of Default and Foreclosure Sale.Before the close of the sale, the commissionerwill announce the amount of the high bidand the name of the successful bidder.

(e) Notwithstanding the provisions ofparagraph (d) of this item, neither theforeclosure commissioner nor any relative,related business entity, or employee ispermitted to bid in any manner on thesecurity property subject to the foreclosuresale, except that the foreclosurecommissioner or an auctioneer may bedirected by the Secretary to enter a bid on theSecretary’s behalf. Relatives of theforeclosure commissioner who may not bidinclude parents, siblings, spouses andchildren. A related business entity that maynot bid or whose employees may not bid isone whose relationship (at the time theforeclosure commissioner is designated andduring the term of service as foreclosurecommissioner) with the entity of theforeclosure commissioner is such that,directly or indirectly, one entity formulates,directs, or controls the other entity; or has thepower to formulate, direct, or control the

other entity; or has the responsibility andauthority to prevent, or promptly to correct,the offensive conduct of the other entity.

(f) The commissioner may serve as anauctioneer, or the commissioner may employan auctioneer to conduct the sale. If thecommissioner employs an auctioneer toconduct the foreclosure sale, the auctioneermust be a licensed auctioneer, an officer ofState or local government, or any otherperson who commonly conducts foreclosuresales in the area in which the securityproperty is located. The commissioner willcompensate an auctioneer from the proceedsof the commission described in item 13(e) ofthis appendix.

(g) The foreclosure commissioner mayrequire a bidder to make a deposit in anamount or percentage set by the foreclosurecommissioner and stated in the Notice ofDefault and Foreclosure Sale before the bidis accepted.

(h) A successful bidder at the foreclosuresale who fails to comply with the terms ofthe sale may be required to forfeit the cashdeposit or, at the election of the foreclosurecommissioner after consultation with theSecretary, will be liable to the Secretary forany costs incurred as a result of such failure.If the successful bidder fails to comply withthe terms of the sale, the HUD Field Officerepresentative will provide instructions tothe commissioner about offering the propertyto the second highest bidder, or having a newsale, or other instruction at the discretion ofthe HUD representative.

11. Adjournment or Cancellation of Sale

(a) The foreclosure commissioner may,before or at the time of the foreclosure sale,adjourn or cancel the foreclosure sale if theforeclosure commissioner determines, in theforeclosure commissioner’s discretion, that:

(1) Circumstances are not conducive to asale which is fair to the mortgagor and theSecretary, or

(2) Additional time is necessary todetermine whether the security propertyshould be withdrawn from foreclosure, asprovided in item 9 of this appendix.

(b) The foreclosure commissioner mayadjourn a foreclosure sale to a later hour thesame day by announcing or posting, at theoriginal place of sale, the new time and placeof the foreclosure sale, which must be heldbetween 9 a.m. and 4 p.m. at the originalplace of sale.

(c) Except as provided in paragraph (b) ofthis item, the foreclosure commissioner mayadjourn a foreclosure sale for not less than 9and not more than 31 days, in which case theforeclosure commissioner must serve aNotice of Default and Foreclosure Sale thatis revised to state that the foreclosure sale hasbeen adjourned to a specified date betweenthe hours of 9:00 a.m. and 4:00 p.m. Therevised Notice may include any otherinformation the foreclosure commissionerdeems appropriate. Such Notice must beserved by publication and mailing asprovided in item 8 of this appendix, exceptthat publication may be made on any of threeconsecutive days prior to the revised date offoreclosure sale, as long as the firstpublication is made at least seven days beforethe revised sale date. Mailing may be made

at any time at least seven days before the dateto which the foreclosure sale has beenadjourned. The commissioner must also, inthe case of a sale adjourned to a later date,mail a copy of the revised Notice of Defaultand Foreclosure Sale to the Secretary at leastseven days before the date to which the salehas been adjourned.

12. Validity of SaleAny foreclosure sale held in accordance

with the Act and its regulations isconclusively presumed to have beenconducted in a fair, legal, and reasonablemanner. The sale price is conclusivelypresumed to be reasonable and equal to thefair market value of the property.

13. Foreclosure CostsThe following foreclosure costs are paid

from the sale proceeds, or from otheravailable sources if sales proceeds areinsufficient, before satisfaction of any otherclaim to the sale proceeds:

(a) Advertising costs and postage expensesincurred in giving notice described in items8 and 11 of this appendix.

(b) Mileage by the most reasonable roaddistance for posting notices described in item8 of this appendix, and for the foreclosurecommissioner’s or auctioneer’s attendance atthe sale. The mileage is paid at the rateprovided in 28 U.S.C. 1821.

(c) Reasonable and customary costsincurred for title and lien record searches.

(d) The necessary out-of-pocket costsincurred by the foreclosure commissioner forrecording documents.

(e) A commission for the foreclosurecommissioner (if the foreclosurecommissioner is not an employee of theUnited States) for the conduct of theforeclosure in an amount to be determined bythe Secretary. A commission may be allowedto the foreclosure commissionernotwithstanding termination of the sale orappointment of a substitute commissionerbefore the sale takes place.

14. Disposition of Sale Proceeds(a) The proceeds of the foreclosure sale are

paid out in the following order:(1) To cover the costs of foreclosure

described in item 13 of this appendix.(2) To pay valid tax liens or assessments

on the security property as provided in theNotice of Default and Foreclosure Sale.

(3) To pay any liens recorded before therecording of the foreclosed mortgage whichare required to be paid in conformity withthe Notice of Default and Foreclosure Sale.

(4) To pay service charges and advances fortaxes, assessments, and property insurancepremiums which were made under the termsof the foreclosed mortgage.

(5) To pay the interest due under themortgage debt.

(6) To pay the unpaid principal balancesecured by the mortgage (includingexpenditures for the necessary protection,preservation, and repair of the securityproperty as authorized under the mortgageagreement and interest thereon if provided inthe mortgage agreement).

(7) To pay any late charges or fees.(b) Any surplus proceeds from a

foreclosure sale will be applied, after


payment of the items described in paragraph(a) of this item, in the order as follows:

(1) To pay any liens recorded after theforeclosed mortgage in the order of priorityunder the law of the State in which thesecurity property is located.

(2) To pay the surplus to the mortgagor.(c) If the person to whom surplus proceeds

are to be paid cannot be located, or if thesurplus available is insufficient to pay allclaimants and the claimants cannot agree onthe allocation of the surplus, or if any personclaiming an interest in the mortgage proceedsdisagrees with the foreclosurecommissioner’s proposed disposition of thedisputed proceeds, the foreclosurecommissioner may deposit the disputedfunds with a legally authorized official orcourt. If a procedure for the deposit ofdisputed funds is not available, and theforeclosure commissioner files a bill ofinterpleader or is sued as a stakeholder todetermine entitlement to such funds, theforeclosure commissioner’s necessary costsin taking or defending such action aredeductible from the disputed funds.

(d) The foreclosure commissioner will keepsuch records as will permit the Secretary toverify the costs claimed, and otherwise toenable the Secretary to audit the foreclosurecommissioner’s disposition of the saleproceeds.

15. Transfer of Title and Possession

(a) If the Secretary is the successful bidder,the foreclosure commissioner will issue adeed to the Secretary upon receipt of theamount needed to pay the costs of tax liensand prior liens. See items 14(a)(2) and (a)(3)of this appendix.

(b) If the Secretary is not the successfulbidder, the foreclosure commissioner willissue a deed to the purchaser or purchasersupon receipt of the entire purchase price inaccordance with the terms of the sale asprovided in the Notice of Default andForeclosure Sale.

(c) The deed or deeds issued by theforeclosure commissioner shall be withoutwarranty or covenants to the purchaser orpurchasers. Notwithstanding any State law tothe contrary, delivery of a deed by theforeclosure commissioner is a conveyance ofthe property and constitutes passage of goodand marketable title to the mortgagedproperty. No judicial proceedings arerequired ancillary or supplementary to theprocedures provided under the Act and itsregulations to assure the validity of theconveyance or confirmation of suchconveyance. The purchaser of property underthe Act is presumed to be a bona fidepurchaser.

(d) A purchaser at a foreclosure sale heldpursuant to the Act is entitled to possessionupon passage of title under paragraph (c) ofthis item, subject to any interest or intereststhat are not barred, as described in item 18,below. Any person remaining in possessionof the property after the passage of title isdeemed a tenant at sufferance subject toeviction under applicable law.

(e) If a purchaser dies before execution anddelivery of the deed conveying the propertyto the purchaser, the foreclosurecommissioner will execute and deliver the

deed to a legal representative of the decedentpurchaser’s estate upon payment of thepurchase price in accordance with the termsof sale. Such delivery to the representative ofthe purchaser’s estate will have the sameeffect as if accomplished during the lifetimeof the purchaser.

(f) When the foreclosure commissionerconveys the property to the Secretary, no taxmay be imposed or collected with respect tothe foreclosure commissioner’s deed,including any tax customarily imposed uponthe deed instrument or upon the conveyanceor transfer of title to the property.

(g) The register of deeds or otherappropriate official in the county where theproperty is located must, upon tendering ofthe customary recording fees, accept allinstruments pertaining to the foreclosurewhich are submitted by the foreclosurecommissioner for recordation. Theinstruments to be accepted include, but arenot limited to, the foreclosurecommissioner’s deed. If the foreclosurecommissioner elects to include therecitations described in item 17(a) of thisappendix, in an affidavit or an addendum tothe deed as described in item 17(b) of thisappendix, the affidavit or addendum must beaccepted for recordation. Failure to collect orpay a tax as described in paragraph (f) of thisitem are not grounds for refusing to recordsuch instruments, for failing to recognizesuch recordation as imparting notice, or fordenying the enforcement of such instrumentsand their provisions in any State or FederalCourt.

(h) The Clerk of the Court or otherappropriate official must cancel all liens asrequested by the foreclosure commissioner.

16. Redemption Rights

(a) There is no right of redemption, or rightof possession based upon a right ofredemption, in the mortgagor or otherssubsequent to a foreclosure completedpursuant to the Act. In regard to the pre-emption of State laws regarding rights ofredemption, a foreclosure is consideredcompleted upon the date and at the time ofthe foreclosure sale.

(b) Section 204(l) of the National HousingAct, 42 U.S.C. 1710(l), and section 701 of theDepartment of Housing and UrbanDevelopment Reform Act of 1989, 42 U.S.C.1452c, do not apply to mortgages foreclosedunder the Act.

17. Record of Foreclosure and Sale

(a) The foreclosure commissioner mustinclude in the recitals of the deed to thepurchaser, or in an affidavit or addendum tothe deed, the following items:

(1) The date, time, and place of theforeclosure sale.

(2) A statement that the foreclosedmortgage was held by the Secretary.

(3) The date of the foreclosed mortgage, thedate of the recording of the mortgage that wasforeclosed, the office in which the mortgagewas recorded, and the liber and folionumbers or other appropriate description ofthe recordation of the mortgage.

(4) The details of the service of the Noticeof Default and Foreclosure Sale, includingthe names and addresses of the persons to

whom the Notice was mailed and the date onwhich the Notice was mailed, the name ofthe newspaper in which the Notice waspublished and the dates of publication, andthe date on which service by posting, ifrequired, was accomplished.

(5) The date and place of filing the Noticeof Default and Foreclosure Sale.

(6) A statement that the foreclosure wasconducted in accordance with the provisionsof the Act and with the terms of the Noticeof Default and Foreclosure Sale.

(7) The name of the successful bidder andthe amount of the successful bid.

(b) The foreclosure commissioner may, inhis or her discretion, make the recitations inparagraph (a) of this item in the deed or inan affidavit or addendum to the deed, eitherof which is to be recorded with the deed asprovided in the Act.

(c) The items set forth in paragraph (a) ofthis item are prima facie evidence of the truthof such facts in any Federal or State courtand evidence a conclusive presumption infavor of bona fide purchasers andencumbrancers for value without notice.Encumbrancers for value include liensplaced by lenders who provide the purchaserwith purchase money in exchange for asecurity interest in the newly-conveyedproperty.

18. Effect of SaleA sale made and conducted as prescribed

in the Act to a bona fide purchaser bars allclaims upon, or with respect to, the propertysold for the following persons:

(a) Any person to whom the Notice ofDefault and Foreclosure Sale was mailed asprovided under the Act, and the heir,devisee, executor, administrator, successor orassignee claiming under any such person.

(b) Any person claiming any interest in theproperty subordinate to that of the mortgageif such person had actual knowledge of theforeclosure sale.

(c) Any person claiming any interest in theproperty whose assignment, mortgage, orother conveyance was not duly recorded orfiled in the proper place for recording orfiling, or whose judgment or decree was notduly docketed or filed in the proper place fordocketing or filing, before the date on whichthe notice of the foreclosure sale was firstserved by publication, as described in item8(c) of this appendix, and the executor,administrator, or assignee of such a person.

(d) Any person claiming an interest in theproperty under a statutory lien orencumbrance created subsequent to therecording or filing of the mortgage beingforeclosed, and attaching to the title orinterest of any person designated in any ofthe foregoing paragraphs.

19. Computation of TimePeriods of time provided for in the Act are

calculated in consecutive calendar daysincluding the day or days on which theactions or events occur, or are to occur. Anysuch period of time includes the day onwhich an event occurs or is to occur.

20. Deficiency JudgmentIf the price at which the security property

is sold at the foreclosure sale is less than theunpaid balance of the debt secured by such


property after deducting payments in theorder described in item 14 of this appendix,the Secretary may refer the matter to theAttorney General who may commence anaction or actions against any and all debtorsto recover the deficiency, the only limitationon such action being a prohibition againstpursuit of a deficiency that is specifically setforth in the mortgage.


fede

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57497


Part III

EnvironmentalProtection AgencyCertain Chemicals; PremanufactureNotices; Notice



[OPPTS–51843; FRL–4979–4]

Certain Chemicals; PremanufactureNotices


SUMMARY: Section 5 of the ToxicSubstances Control Act (TSCA) requiresany person who intends to manufactureor import a new chemical to notify EPAand comply with the statutoryprovisions pertaining to themanufacture or import of substances noton the TSCA Inventory. Section 5 ofTSCA also requires EPA to publishreceipt and status information in theFederal Register each month reportingpremanufacture notices (PMN), polymerexemption notices and test marketingexemption (TME) application requestsreceived, both pending and expired. Theinformation in this document containsnotices received from March 22, 1995 toJune 22, 1995.ADDRESSES: Written comments,identified by the document controlnumber ‘‘[OPPTS–51843]’’ and thespecific PMN number, if appropriate,should be sent to: Document ControlOffice (7407), Office of PollutionPrevention and Toxics, EnvironmentalProtection Agency, 401 M St., SW., Rm.ETG–099 Washington, DC 20460.

Comments and data may also besubmitted electronically by sendingelectronic mail (e-mail) to:[email protected]. Electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.Comments and data will also beaccepted on disks in WordPerfect in 5.1file format or ASCII file format. Allcomments and data in electronic formmust be identified by the docket number[OPPTS–51843]. No ConfidentialBusiness Information (CBI) should besubmitted through e-mail. Electroniccomments on this notice may be filedonline at many Federal DepositoryLibraries. Additional information onelectronic submissions can be foundunder ‘‘SUPPLEMENTARYINFORMATION’’ of this document.FOR FURTHER INFORMATION CONTACT:Susan B. Hazen, Director,Environmental Assistance Division(7408), Office of Pollution Preventionand Toxics, Environmental ProtectionAgency, Rm. E–545, 401 M St., SW.,Washington, DC, 20460, (202) 554–1404,TDD (202) 554–0551; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Under theprovisions of TSCA, EPA is required topublish notice of receipt and statusreports of chemicals subject to section 5reporting requirements. The noticerequirements are provided in TSCAsections 5(d)(2) and 5(d)(3). Specifically,EPA is required to provide notice ofreceipt of PMNs, polymer exemptionnotices and TME application requestsreceived. EPA also is required toidentify those chemical submissions forwhich data has been received, the usesor intended uses of such chemicals, andthe nature of any test data which mayhave been developed. Lastly, EPA isrequired to provide periodic statusreports of all chemical substancesundergoing review and receipt ofnotices of commencement.

A record has been established for thisnotice under docket number ‘‘[OPPTS–51843]’’ (including comments and datasubmitted electronically as describedbelow). A public version of this record,including printed, paper versions ofelectronic comments, which does notinclude any information claimed as CBI,is available for inspection from 12 noonto 4 p.m., Monday through Friday,excluding legal holidays. The publicrecord is located in the TSCANonconfidential Information Center(NCIC), Rm. NEM–B607, 401 M St., SW.,Washington, DC 20460.


[email protected]


The official record for this notice, aswell as the public version, as describedabove will be kept in paper form.Accordingly, EPA will transfer allcomments received electronically intoprinted, paper form as they are receivedand will place the paper copies in theofficial record which will also includeall comments submitted directly inwriting. The official record is the paperrecord maintained at the address in‘‘ADDRESSES’’ at the beginning of thisdocument.

In the past, EPA has publishedindividual notices reflecting the statusof section 5 filings received, pending orexpired, as well as notices reflectingreceipt of notices of commencement. Inan effort to become more responsive tothe regulated community, the users ofthis information and the general public,to comply with the requirements ofTSCA, to conserve EPA resources, andto streamline the process and make itmore timely, EPA is consolidating theseseparate notices into one comprehensive

notice that will be issued at regularintervals.

In this notice, EPA shall provide aconsolidated report in the FederalRegister reflecting the dates PMNs,polymer exemptions requests werereceived, the projected notice end date,the manufacturer or importer identity,to the extent that such information isnot claimed as confidential andchemical identity, either specific orgeneric depending on whether chemicalidentity has been claimed confidential.Additionally, in this same report, EPAshall provide a listing of receipt of newnotices of commencement.

EPA believes the new format of thenotice will be easier to understand bythe interested public, and provides theinformation that is of greatest interest tothe public users. Certain informationprovided in the earlier notices will notbe provided under the new format. Thestatus reports of substances underreview, potential production volume,and summaries of health and safety datawill not be provided in the new notices.

EPA is not providing productionvolume information in the consolidatednotice since such information isgenerally claimed as confidential. Forthis reason, there is no substantive lossto the public in not publishing the data.Health and safety data are notsummarized in the notice since it isrecognized as impossible, given theformat of this notice, as well as theprevious style of notices, to providemeaningful information on the subject.In those submissions where health andsafety data were received by the Agency,a footnote is included by theManufacturer/Importer identity toindicate its existence. As stated below,interested persons may contact EPAdirectly to secure information on suchstudies.

For persons who are interested in datanot included in this notice, access canbe secured at EPA Headquarters in theNCIC at the address provided above.Additionally, interested parties maytelephone the Document Control Officeat (202) 260–1532, TDD (202) 554–0551,for generic use information, health andsafety data not claimed as confidentialor status reports on section 5 filings.

Send all comments to the addresslisted above. All comments receivedwill be reviewed and appropriateamendments will be made as deemednecessary.

This notice will identify: (I) PMNsreceived; (II) Polymer exemptionsreceived; (III) and Notices ofCommencement to manufacture/import.


I. 646 PREMANUFACTURE NOTICES RECEIVED FROM: 03/22/95 TO 06/22/95.

Case No. ReceivedDate

ProjectedNotice End

DateManufacturer/Importer Use Chemical

P–95–0935 .... 03/22/95 06/20/95 Dow Corning ............................ (S) Abrasion resistant coating . (G) Acrylate-functional silicaP–95–0936 .... 03/22/95 06/20/95 Dow Corning ............................ (S) Abrasion resistant coating . (G) Acrylate-functional silicaP–95–0937 .... 03/23/95 06/21/95 CBI ........................................... (S) Organic synthesis inter-

mediate.(G) Pyridimidine salt

P–95–0938 .... 03/23/95 06/21/95 CBI ........................................... (S) Organic synthesis inter-mediate.

(G) Pyrimidine salt


(G) Organophosphate


(G) Amidine

P–95–0941 .... 03/213/95 06/21/95 Percy International, Ltd ........... (G) Carbonate bis (-N-ethyl, 2-isopropyl-, 3-oxozolane).

(S) Catalyst for use in mois-ture-curing urethane coat-ings and sealants.

P–95–0942 .... 03/23/95 06/21/95 CIBA-Geigy Corporation .......... (G) Textile dye ......................... (G) Substituted phenyl azosubstituted naphthaleneamino triazinyl amino sub-stituted propane

P–95–0943 .... 03/23/95 06/21/95 CBI ........................................... (G) Polymer processing aid ..... (G) Styrene-acrylic polymerP–95–0944 .... 03/23/95 06/21/95 CBI ........................................... (G) Chlorosilane ...................... (G) OrganochlorosilaneP–95–945 ...... 03/24/95 06/22/95 Elf Atochem North American,

Inc..(G) Amine oxide ...................... (G) Intermediate for commer-

cial product.P–95–0946 .... 03/23/95 06/21/95 Mitsui Petrochemicals (Amer-

ica), Ltd..(G) Lubricant ............................ (G) Reaction product of 3-

alkoxy-2,2,-dialkylpropanol,2-(alkylphenoxy)ethanol anddialkycarbonate

P–95–0947 .... 03/27/95 06/25/95 Dow Chemical Company ......... (S) Intermediate ....................... (G) Aromatic sulfonyl chlorideP–95–0948 .... 03/27/95 06/25/95 Dow Chemical Company ......... (S) Magnetic media lubricant .. (G) Aromatic sulfonamideP–95–0949 .... 03/27/95 06/25/95 Dow Chemical Company ......... (S) Magnetic media lubricant .. (G) Aromatic sulfonamideP–95–0950 .... 03/27/95 06/25/95 CBI ........................................... (S) Coatings ............................. (G) Polymer of polyisocyanate,

blocked with hydroxy esterof carbamic acid and alcohol

P–95–0951 .... 03/27/95 06/25/95 CBI ........................................... (S) Coatings ............................. (G) Polymer of polyisocyanate,blocked with hydroxy esterof carbamic acid alcohol

P–95–0952 .... 03/27/95 06/25/95 CBI ........................................... (S) Coatings ............................. (G) Polymer of polyisocyanate,blocked with hydroxy esterof carbamic acid and alcohol









P–95–0961 .... 03/27/95 06/25/95 CBI ........................................... (S) Coatings ............................. (G) Polymer of polyisocyanate,blocked with hydroxy esterof carbamic bamic acid andalcohol

P–95–0962 .... 03/27/95 06/25/95 CBI ........................................... (S) Coatings ............................. (G) Polymer of polyisocyanate,blocked with hydroxy esterof carbamic bamic acid andalcohol


I. 646 PREMANUFACTURE NOTICES RECEIVED FROM: 03/22/95 TO 06/22/95.—Continued


ProjectedNotice End











P–95–0972 .... 03/27/95 06/25/95 General Polymers West .......... (S) Architectural Coatings ....... (G) PolyurethaneP–95–0973 .... 03/28/95 06/26/95 VPN, Inc. ................................. (S) Sprayed on foilage of

plants to promote growth.(G) Vanadium compound

P–95–0974 .... 03/27/95 06/25/95 Hoechst Celanese Corporation (G) Binder in paints ................. (S) A polymer of: adipic acid:1,6-hexandiol; succinic acidanhydride; neopentyl glycol;isophorone; diisocyanatediethanolamine;bishydroxymethyl; propionicacid; N,N-dioethylethanolamine; dibutyltin oxide

P–95–0975 .... 03/27/95 06/25/95 Exxon Chemical Company ...... (S) Polymerization catalyst ...... (G) Aluminum organometalliccompound

P–95–0976 .... 03/27/95 06/25/95 Para-Chem Southern, Inc. ....... (S) Latex thickner .................... (S) Sodium salt of methyl acry-late and methacrylic acid co-polymer

P–95–0977 .... 03/28/95 05/29/95 Henkel Corporation .................. (G) Dispersant ......................... (G) Acrylate polymer saltP–95–0978 .... 03/28/95 06/26/95 High Point Chemical Corpora-

tion.(G) Industrial cleaning ............. (S) Poly(oxy-1,2-ethanediyl),

alpha.-(carboxymethyl)-.omega,-ethanediyl).Alpha.-(carboxymethyl)-.omega.-carbxymethyl—=.omega )-[2-ethykhexyl)oxy)-(9CI)

P–95–0979 .... 03/28/95 06/26/95 E.I. Du Pont De Nemours &Company, Inc..

(G) Enclosed destructive use .. (G) Fluorinated carboxylic acid,alkali metal salt

P–95–0980 .... 03/28/95 06/26/95 E.I. Dupont De Nemours &Company, Inc..

(G) Enclosed destructive use .. (G) Fluorinated carboxylic acid,alkali metal salt


(G) Enclosed destructive use .. (G) Fluorinated caboxylic acid,alkali metal salt

P–95–0982 .... 03/28/95 06/26/95 Hercules-Sanyo Incorporated .. (S) Binder resin for printingInks.

(G) Metal resinate

P–95–0983 .... 03/28/95 06/26/95 Hercules-Sanyo Incorporated .. (S) Binder resin for printinginks.

(G) Metal resinate

P–95–0984 .... 03/28/95 06/26/95 CBI ........................................... (S) Printing ink component/laminating adhesive.

(G) Polyamide resin salt










ProjectedNotice End












































P–95–1009 .... 03/28/95 06/26/95 CBI ........................................... (G) Coating resin ..................... (G) Acrylic polymerP–95–1010 .... 03/28/95 06/26/95 3M Company ........................... (S) Surfactant .......................... (G) Perfluoroalkyl carboxylate

saltP–95–1011 .... 03/29/95 06/27/95 Xerox Corporation ................... (G) Reprographic pigment dis-

persant.(G) Vinyl copolymer

P–95–1012 .... 03/29/95 06/27/95 BF Goodrich Company ............ (G) Topcoat used for the coat-ing of gymnasium and othersports floors.

(G) Polyurethane based onpolyisocyanates, polyols andpolyamine





P–95–1015 .... 03/29/95 06/27/95 BF Goodrich Company ............ (G) Topcoat used for the coat-ing of gymnasium and othersports floor.



(G) Polyurethane based onpolyisocyanates, polyols andpolyamines

P–95–1017 .... 03/29/95 06/27/95 BF Goodrich Company ............ (G) Topcoat used for the coat-ing of gymnasium and othersport floors.







ProjectedNotice End




P–95–1020 .... 03/29/95 06/27/95 CBI ........................................... (G) Colorant ............................. (G) Polymeric colorantP–95–1021 .... 03/29/95 06/27/95 CBI ........................................... (G) Colorant ............................. (G) Polymeric colorantP–95–1022 .... 03/29/95 06/27/95 CBI ........................................... (G) Open, non-dispersive use . (G) Polyester silaneP–95–1023 .... 03/29/95 06/27/95 Xerox Corporation ................... (G) Reprographic pigment ....... (G) Phthalocyanine pigmentP–95–1024 .... 03/30/95 06/28/95 CBI ........................................... (G) Open, Non-dispersive use (G) Acrylosilane resinP–95–1025 .... 03/31/95 06/29/95 CBI ........................................... (S) Coatings ............................. (G) Urethane modified mel-

amine resinP–95–1026 .... 03/31/95 06/29/95 Eastman Kodak Company ....... (G) Chemical intermediate ...... (G) Substituted

alkylaminodihaldobenzoicacid, ester

P–95–1027 .... 03/31/95 06/29/95 CBI ........................................... (G) Processing additive ........... (G) Substituted metal sulfidesP–95–1028 .... 03/30/95 06/28/95 Mycogen Corporation .............. (S) Biopesticides ...................... (G) Bacillus thurgiensis delta

entoxin genesP–95–1029 .... 03/30/95 06/28/95 Mycogen Corporation .............. (S) Biopesticides ...................... (G) Bacillus thurgiensis delta

entoxin genesP–95–1030 .... 04/03/95 07/02/95 CBI ........................................... (G) Dielectric fluid .................... (G) Orthoxylene compoundP–95–1031 .... 04/03/95 07/02/95 Osakagodo America,Inc. ......... (S) Coloring agent for resin ..... (S) 7H-(1)Benzopyrano

(3′,2,′;4)benzimidazole-6-carbonitrile 3-(diethylamino)-7-oxo-

P–95–1032 .... 04/03/95 07/02/95 CBI ........................................... (G) Raw material for colorant .. (S) Benzenesulfonic acid, 2-amino-4,5-dichloro-

P–95–1033 .... 04/03/95 07/02/95 Dow Corning ............................ (S) Silicone adhesive compo-nent.

(G) Organofunctional silica

P–95–1034 .... 04/03/95 07/02/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aqueous polyesterlyurethane polyester, poly-urethane dispersive

P–95–1035 .... 04/03/95 07/02/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aqueous aliphatic urethanestoving resin

P–95–1036 .... 04/03/95 07/02/95 Shipley Company, Inc. ............ (S) Chemical intermediateused in the manufacture of a.

(G) Polynuclear polyhydroxyphenol of a photoactivecompound

P–95–1037 .... 04/03/95 07/02/95 Shipley Company, Inc. ............ (S) Chemical intermediateused in the manufacture of a.

(G) Naphthaquinone diazidesulfonyl ester mixture of aphoto resist


(S) Release sheeting, protec-tive cladding coatings.

(G) Polyvinyl fluoride copoly-mer


(S) Release sheeting, protec-tive cladding coatings.

(G) Polyvinyl fluoride copoly-mer

P–95–1040 .... 04/03/95 07/02/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Acrylosilane resinP–95–1041 .... 04/03/95 07/02/95 CBI ........................................... (G) Destructive use ................. (G) Silane intermediateP–95–1042 .... 04/03/95 07/02/95 CBI ........................................... (G) Destructive use ................. (G) Silane intermediateP–95–1043 .... 04/04/95 07/03/95 CBI ........................................... (S) Paper dye .......................... (G) Bis(substituted)

carbomonocyclic azo)-carbomonocyclicol

P–95–1044 .... 04/04/95 07/03/95 CBI ........................................... (S) Paper dye .......................... (G) Bis(substituted)carbomonocyclic azo)-carbomonocyclicol

P–95–1045 .... 04/04/95 07/03/95 CBI ........................................... (S) Paper dye .......................... (G) Bis(substituted)carbomonocyclic azo)-carbomonocyclicol

P–95–1046 .... 04/04/95 07/03/95 CBI ........................................... (S) Antioxidant/stabilizer inpolymers.

(G) Aryl alkyl phosphite

P–95–1047 .... 04/04/95 07/03/95 Reichhold Chemicals, Inc. ....... (S) Wood coating ..................... (G) Anionic aliphatic poly-urethane dispersion

P–95–1048 .... 04/04/95 07/03/95 CBI ........................................... (S) Electrical insulation coating (G) Polyamideimide resinP–95–1049 .... 04/04/95 07/03/95 CBI ........................................... (S) Electric insulation coating .. (G) Polyamideimide resinP–95–1050 .... 04/04/95 07/03/95 CBI ........................................... (G) Paper strenght additive ..... (G) Modified cationic acryl-

amide polymerP–95–1051 .... 04/04/95 07/03/95 CBI ........................................... (G) Paper strenght additive ..... (G) Modified cationic acryl-

amide polymerP–95–1052 .... 04/05/95 07/04/95 CBI ........................................... (G) Raw material of surfactant

of surfactant for metal clean-ing.

(S) Dehyrogenated productfrom C12–14 linear chainedrandom secondary alcohols

P–95–1053 .... 04/04/95 07/03/95 Hoechst Celanese ................... (G) Paint resin ......................... (G) Water-soluble urethanealkyd




ProjectedNotice End


P–95–1054 .... 04/05/95 07/04/95 CBI ........................................... (G) Surfactant .......................... (G) Condensates of meth-acrylic ester andaminosulfonic ester

P–95–1055 .... 04/05/95 07/04/95 CBI ........................................... (G) Ink additive ........................ (G) Closs linked acrylic ran-dom copolymer

P–95–1056 .... 04/05/95 07/04/95 Lilly Industries, Inc ................... (G) Salt of electrocoat resinvehicle.

(G) Epoxy resin salt

P–95–1057 .... 04/05/95 07/04/95 Lilly Industries, Inc ................... (G) Salt of electrocoat resinvehicle.

(G) Acrylic resin salt

P–95–1058 .... 04/05/95 07/04/95 Lilly Industries Inc .................... (G) Salt of electrocoat resinvehicle.

(G) Epoxy resin salt

P–95–1059 .... 04/06/95 07/05/95 Ciba-Geigy Corporation ........... (S) Intermediate for dye manu-facture.

(G) Substituted pneyl azo sub-stituted phenyl amino tri-azinyl substituted naph-thalene sulfonic acid deriva-tive

P–95–1060 .... 04/06/95 07/05/95 CBI ........................................... (G) Paint .................................. (G) Polyurethqane/polyureapolymer

P–95–1061 .... 04/06/95 07/05/95 CBI ........................................... (G) Paint .................................. (G) Polyurethqane/polyureapolymer

P–95–1062 .... 04/06/95 07/05/95 CBI ........................................... (S) Oil field corrosion inhibitor/asphalt emulsifier.

(G) Alkoxylated diamine





P–95–1065 .... 04/06/95 07/05/95 CBI ........................................... (S) Paint, Ink ............................ (G) Styrene modified polyesterP–95–1066 .... 04/07/95 07/06/95 Catalyst Resources, Inc, ......... (S) Polypropylene manufactur-

ing catalyst.(G) A magnesium, titanium

organo-complex compoundP–95–1067 .... 04/07/95 07/06/95 Catalyst Resources, Inc, ......... (S) Polypropylene manufactur-








organo-complex compoundP–95–1071 .... 04/07/95 07/06/95 Catalyst Resources, Inc .......... (S) Polypropylene manufactur-
































organo-complex compound




ProjectedNotice End


P–95–1087 .... 04/07/95 07/06/95 Catalyst Resources, Inc .......... (S) Polypropylene manufactur-ing catalyst.

(G) A Magnesium, titaniumorgano-complex compound


(G) A magnesium, titaniumorgano-complex compound


(G) A Magnesium, titaniumorgano-complex compound

















P–95–1098 .... 04/07/95 07/06/95 Cytec Industries ....................... (G) Crosslinking resin .............. (G) Tris carbamoyl triazineP–95–1099 .... 04/07/95 07/06/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Styrene, divinylbenzene

copolymer with trialkyl am-monium groups in OH form

P–95–1100 .... 04/07/95 07/06/95 3M Company ........................... (G) Resin ................................. (G) Polymer of 1,2-ethanedioland aromatic esters

P–95–1101 .... 04/07/95 07/06/95 3M Company ........................... (G)Aromatic ester .................... (G) Polymer of 1,2-ethanedioland aromatic ester

P–95–1102 .... 04/07/95 07/06/95 CBI ........................................... (G) Circuit fabrication .............. (G) Substituted resorcinolP–95–1103 .... 04/07/95 07/06/95 CBI ........................................... (G) Circuit fabrication .............. (G) Substituted resorcinolP–95–1104 .... 04/07/95 07/06/95 CBI ........................................... (G) Circuit fabrication .............. (G) Substituted resorcinolP–95–1105 .... 04/07/95 07/06/95 CBI ........................................... (G) Reagent for specialty in-

dustrial chemicals.(G) Mixed carboxylic acids,

branchedP–95–1106 .... 04/10/95 07/09/95 Ausimont USA, Inc. ................. (G) Synthesis intermediate ...... (S) 2,2,4-Trifluoro-5-

trifluoromethoxy-1,3-DioxoleP–95–1107 .... 04/10/95 07/09/95 CBI ........................................... (S) Coatings ............................. (G) Amino urethane/urea

crosslinking resin salted withorganic acid

P–95–1108 .... 04/10/95 07/09/95 CBI ........................................... (S) Coatings ............................. (G) Amino urethane/ureacrosslinking resin salted withorganic acid

P–95–1109 .... 04/10/95 07/09/95 CBI ........................................... (S) Coatings ............................. (G) Amino urethane/ureacrosslinking resin salted withorganicacid

P–95–1110 .... 04/10/95 07/09/95 CBI ........................................... (G) ............................................ (G) Acrylate/methacrylate co-polymer

P–95–1111 .... 04/10/95 07/09/95 ICI Fiberite ............................... (S) An epoxy resin reinforcedwith carbon fibers for ‘‘ aero-space structures’’.

(G) Functionalized elastomeric-epoxy copolymer

P–95–1112 .... 04/10/95 07/09/95 Gelest, Inc. .............................. (S) Liquid Chromatography ..... (S) 3-Cyanaopropyl(diisopropyl)chlorosilane


(S) Molding resin ..................... (G) Butylene terephthalate co-polymer


(S) Molding resin ..................... (G) Butylene terephthalate co-polymer

P–95–1115 .... 04/10/95 07/09/95 Sequia Chemical Corporation . (S) Textile finishing resin ......... (S)1,3-Bis(1-hydroxy-2,2-dimethoxyethyl)-2-imidazolidinone

P–95–1116 .... 04/13/95 07/12/95 Jowat Corporation ................... (G) Raw material for adhesives (G) Modified vinylacetate co-polymer

P–95–1117 .... 04/10/95 07/09/95 CBI ........................................... (G) Surfactant intermediate ..... (G) Alkyletherhydroxy-propyl-amine

P–95–1118 .... 04/10/95 07/09/95 NOF America Corporation ....... (S) Compatibilizing agent forpolymer blends.

(G) Compatibility agent

P–95–1119 .... 04/10/95 07/09/95 CBI ........................................... (G) Surfactant indermediate .... (G) Alkylether hydroxypropyl-amine

P–95–1120 .... 04/11/95 07/10/95 CBI ........................................... (S) Electrical insulting coating . (G) Polyamine resin




ProjectedNotice End


P–95–1121 .... 04/11/95 07/10/95 CBI ........................................... (G) Crosslinking agent forcoatings.

(G) Diisocyanate-polyoladduct, oxime-blocked

P–95–1122 .... 04/12/95 07/11/95 CBI ........................................... (G) Water-borne coating .......... (S) Aqueous polyurethane dis-persion

P–95–1123 .... 04/13/95 07/12/95 CBI ........................................... (G) Open, non-dispersive use . (G) Silane functional diluentP–95–1124 .... 04/13/95 07/12/95 CBI ........................................... (G) Infra-red absorber ............. (G) Aryl substituted copper

phthalocyamineP–95–1125 .... 04/14/95 07/13/95 Hoechst Celanese ................... (S) Stoving industrial Paints .... (G) Modified alkyd resinP–95–1126 .... 04/14/95 07/13/95 NOF America Corporation ....... (S) Compatibilizing agent for

polymer blends.(G) Compatibility agent

P–95–1127 .... 04/14/95 07/13/95 The C.P. Hall Company .......... (G) Adhesives/coatings ........... (G) Polyalkyl pentanedioatepolyester

P–95–1128 .... 04/14/95 07/13/95 Great Lakes Chemical Cor-poration.

(G) Flame retardant for‘‘forms’’and polymers.

(G) Brominated atomatic ester

P–95–1129 .... 04/17/95 07/16/95 3M Company ........................... (G) Adhesive ............................ (G) Acrylate copolymerP–95–1130 .... 04/17/95 07/16/95 CBI ........................................... (G) Photoresist ........................ (G) Acryal resinP–95–1131 .... 04/17/95 07/16/95 CBI ........................................... (G) Coloring agent for resin by

pure C.I. solvent red 196 orfluorescent pigment.

(G) Acryal resin

P–95–1132 .... 04/18/95 07/17/95 CBI ........................................... (G) Open, non-dispersive use . (G) Dikertone aluminumchelate









P–95–1141 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized aluminumhydroxide














P–95–1155 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized magnesiumhydroxide





ProjectedNotice End














P–95–1169 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1170 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1171 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1172 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1173 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1174 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1175 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1176 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1177 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1178 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1179 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1180 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1181 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1182 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1183 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1184 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1185 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1186 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1187 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1188 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1189 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1190 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1191 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1192 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1193 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1194 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1195 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1196 .... 04/17/95 07/16/95 CBI ........................................... (G) Filler/flame retardant ......... (G) Functionalized clayP–95–1197 .... 04/19/95 07/18/95 Lilly Industries, Inc. .................. (G) Electrocoat resin vehicle ... (G) Modified epoxy resinP–95–1198 .... 04/19/95 07/18/95 Lilly Industries, Inc. .................. (G) Salt for electrocoat vehi-

cles.(G) Acrylic resin salt

P–95–1199 .... 04/19/95 07/18/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aqueous emulsion ofoctyltriethoxysilane

P–95–1200 .... 04/18/95 07/17/95 CBI ........................................... (G) A Component of the mate-rial for IC fabrication.

(G) Novolac-resin from sub-stituted phenols and form-aldehyde

P–95–1201 .... 04/18/95 07/17/95 3M Company ........................... (S) Adhesive ............................ (G) Acrylate polymerP–95–1202 .... 04/20/95 07/19/95 Angus Chemical Company ...... (G) Chemical intermediate ...... (G) AlkanolamineP–95–1203 .... 04/20/95 07/19/95 Austin Powder Company ......... (S) Emulsifier in manufacturer

of emulsion explosives.(S) A polymer of: N,N-

diethylethanolamine (DEEA)2-diethylaminoethanol:poly(isobutyl:poly(isobutylene)-succinicanhydride

P–95–1204 .... 04/20/95 07/19/95 CBI ........................................... (G) Quality control agent ......... (G) Alkoxy-alkyl-carbopolycycleP–95–1205 .... 04/20/95 07/19/95 CBI ........................................... (G) Quality control agent ......... (G) Disubstituted benzene




ProjectedNotice End


P–95–1206 .... 04/19/95 07/18/95 Hoechst Celanese ................... (S) Binder for industrial paints . (G) Modified alkyd resinP–95–1207 .... 04/19/95 07/18/95 CBI ........................................... (G) Hydrocarbon process

stream additive; lube oil ad-ditive..

(G) Poly(alkylmethyacrylate)

P–95–1208 .... 04/21/95 07/20/95 DIC Trading (USA) INC. .......... (G) Soil repellent ..................... (G) Fluorinated acrylic copoly-mer

P–95–1209 .... 04/21/95 07/20/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Polyester resinP–95–1210 .... 04/21/95 07/20/95 CBI ........................................... (G) Polymer support resin ....... (G) Carboxy terminated amide

functional, polymer of ali-phatic diols, aromaticacrbocylic acid/anhydride,tall oil fatty acid dimer, andethoxylated polyarylphenolammonium salt

P–95–1211 .... 04/21/95 07/20/95 CBI ........................................... (G) Polymer support resin ....... (G) Carboxy terminated amidefunctional, polymer of ali-phatic diols, aromaticacrbocylic acid/anhydride,tall oil fatty acid dimer, andethoxylated polyarylphenolammonium salt

P–95–1212 .... 04/21/95 07/20/95 The C.P. Hall Company .......... (G) Plasticizer .......................... (S) Dibutoxypropyl adipateP–95–1213 .... 04/21/95 07/20/95 CBI ........................................... (G) Hydroxy terminated poly-

ester.(G) Hydroxy terminated poly-

ester intermediate for poly-urethane

P–95–1214 .... 04/21/95 07/20/95 CBI ........................................... (G) Adhesive to flexible sub-strates.

(G) Polyether/polyester/aro-matic polyurethane

P–95–1215 .... 04/21/95 07/20/95 CBI ........................................... (G) Adhesive to flexible sub-strates.

(G) Polyether/polyester/aro-matic polyurethane

P–95–1216 .... 04/21/95 07/20/95 E.I. Du Pont De Nemours &Company Inc..

(G) Paper fluoridizer ................ (G) Polysubstituted methacryliccopolymer

P–95–1217 .... 04/25/95 07/24/95 Shipley Company, Inc. ............ (S) Chemical intermediateused in the manufacture ofphotoresist.

(G)Naphthaquinone diazidesulfonyl ester mixture of apolynuclear polyhydroxyphenol

P–95–1218 .... 04/25/95 07/24/95 Hoechst Celanese ................... (S) Binder for industrial paints,stoving enamels.

(S) 1,6-hexanediol; 1,4-cyclohexanedimethano-l;isophthalic acid; trimelliticanhydride phenol, 4,4′-(1-Methylethylidene)bis-polymerwith (chloromethyl) oxirane:phosphoric acid; castor oil;

P–95–1219 .... 04/25/95 07/24/95 The Dexter Hysol Aerospace,Inc.

(G) Component of structuralmaterial.

(G) Epoxy resin

P–95–1220 .... 04/25/95 07/24/95 CBI ........................................... (S) Thixotropic agent for heavyduty paint and primers.

(G) Fatty acid diamide

P–95–1221 .... 04/25/95 07/24/95 3M Company ........................... (G) Coating component ........... (G) Polyurethane polymer de-rivative

P–95–1222 .... 04/26/95 07/25/95 CBI ........................................... (G) Coating component ........... (G) Styrene, polymer with sub-stituted alkenoic acid andpolycarboxyalkene derivative

P–95–1223 .... 04/26/95 07/25/95 CBI ........................................... (G) Textile additive .................. (G) Aromatic diol, alkoxylated,fatty acid esters of C8–18 andC18 -unsaturated









ProjectedNotice End


P–95–1229 .... 04/26/95 07/25/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Polyether polyurea ure-thane

P–95–1230 .... 04/26/95 07/25/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Polyether polyurea ure-thane

P–95–1231 .... 04/26/95 07/25/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Polyether polyurethaneP–95–1232 .... 04/27/95 07/26/95 Reichhold Chemicals, Inc. ....... (S) Industrial maintenance

coatings.(G) Epoxy curing agent

P–95–1233 .... 04/27/95 07/26/95 Sachem, Inc. ............................ (S) Raw material for conver-sion to another chemical.

(S) Ethanaminium, N-ethyl-N-N,N-N-Dimethyl-, Chloride

P–95–1234 .... 04/27/95 07/26/95 Sachem, Inc. ............................ (S) PH adjustment for chemi-cal processing/catalyst for.

(S) Ethanaminuium, N-ethyl-N,N-N-dimethyl-, hydroxide

P–95–1235 .... 04/28/95 07/27/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Azo dyestuffP–95–1236 .... 04/28/95 07/27/95 Ausimont USA, Inc. ................. (S) Powder coatings; extru-

sion; injection molding coat-ings sheet;.

(S) Polymer of ethylene,chlorotriethylene andperfluoromethoxydioxide

P–95–1237 .... 04/28/95 07/27/95 Ausimont USA, Inc. ................. (S) Powder coatings; extru-sion; injection molding coat-ings sheet;.

(S) Polymer of ethylene,chlorotriethylene andperfluoromethoxydioxide

P–95–1238 .... 04/28/95 07/27/95 CBI ........................................... (G) Marking ink, open, non-dis-persive.

(G) Cobalt chelated salt

P–95–1239 .... 04/28/95 07/27/95 CBI ........................................... (G) Marking ink, open, non-dis-persive.

(G) Cobalt chelated salt

P–95–1240 .... 04/28/95 07/27/95 Charkit Chemical ..................... (G) Electro plating additive ...... (G) Organo sulfide compoundP–95–1241 .... 04/28/95 07/27/95 CBI ........................................... (S) Electrostatic paint primer;

anti-electrified paint.(G) Potassium titanate

P–95–1242 .... 05/01/95 07/30/95 CBI ........................................... (S) Acid dye for the coloring ofleather.

(G) Chromate(3-), Bis 2-[[sub-stituted-3-[(5-Sulfo-1-naphthaleny-l)azo)phenyl)azo)substitutedmonocycle(3-))-, trisodium

P–95–1243 .... 05/01/95 07/30/95 CBI ........................................... (G) Specialty additive .............. (G) Substituted alkylbenzeneP–95–1244 .... 05/02/95 07/31/95 Eastman Kodak Company ....... (G) Contained use in article .... (G) Heterocyclic substituted

amido halogenated benzoicacid ester

P–95–1245 .... 05/02/95 07/31/95 CBI ........................................... (S) Purge compound for indus-trial hot-melt adhesives.

(G) Modified polyester polymer

P–95–1246 .... 05/02/95 07/31/95 CBI ........................................... (S) Purge compound for indus-trial hot-melt adhesives.

(G) Modified polyether polymer

P–95–1247 .... 05/02/95 07/31/95 Hoechst Celanese ................... (S) Coatings for corrosion pro-tection, cement concrete.

(G) Diglycidyl ether, polymerwith oxirane andmethyloxirane, 5- amimo-1,3,3-trimethylcyclohexaneand 1,3-benzenedimethaneamine

P–95–1248 .... 05/02/95 07/31/95 Hoechst Celanese ................... (S) Binder for industrial paints . (G) Waterborne alkyd resinP–95–1249 .... 05/02/95 07/31/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Polyester resinP–95–1250 .... 05/02/95 07/31/95 CBI ........................................... (S) Powder coating ingredient . (G) Saturate polyester resinP–95–1251 .... 05/02/95 07/31/95 CBI ........................................... (S) Powder coating ingredient . (G) Saturate polyester resinP–95–1252 .... 05/02/95 07/31/95 CBI ........................................... (S) Powder coating ingredient . (G) Saturate polyester resinP–95–1253 .... 05/03/95 08/01/95 CBI ........................................... (G) Contained use; open, non

dispersion use; moisturecure adhesive for structureallamination.

(G) Aromatic isocyanate-polyether based urethaneprepolymer moisture cureadhesive

P–95–1254 .... 05/03/95 08/01/95 Eastman Chemical Company .. (S) Chemical intermediate ....... (S) Benzoic acid, 4-methyldiethyl phosphite,methyl ester

P–95–1255 .... 05/03/95 08/01/95 Eastman Chemical Company .. (S) Chemical intermediate ....... (S) Benzoic acid, 4-methyldiethyl phosphonate,methyl ester

P–95–1256 .... 05/03/95 08/01/95 Eastman Chemical Company .. (S) Chemical intermediate ....... (S) Benzoic acid, (1,2-ethyl-ene) bis, dimethyl ester

P–95–1257 .... 05/03/95 08/01/95 CBI ........................................... (S) Flotation reagent for use inmining.

(G) Fatty amine, compoundswith organic acids










ProjectedNotice End












































P–95–1282 .... 05/03/95 08/01/95 CBI ........................................... (S) Pigment for use in paints,coatings and polymers.

(G) Disazo pigment

P–95–1283 .... 05/05/95 08/03/95 Ciba-Geigy Corporation ........... (S) General industrial adhesive (S) A Polymer of: triethyleneglycol dimercaptan; epoxyphenolic novolac resin;bisphenol a epoxy resin;trimethyl aminoethyl piper-azine

P–95–1284 .... 05/05/95 08/03/95 CBI ........................................... (S) Reactive diluent for highperformance coatings.

(G) An aceto acetic ester of analiphatic glycol

P–95–1285 .... 05/05/95 08/03/95 CBI ........................................... (G) Pen, non-dispersive .......... (G) polycarbonateP–95–1286 .... 05/05/95 08/03/95 CBI ........................................... (G) Open, non-dispersive ........ (G) PolycarbonateP–95–1287 .... 05/05/95 08/03/95 Ciba-Geigy Corporation ........... (S) Flame retardant laminates

for printed wiring boards.(G) Phenol, 4,4′-(1-

methylethylidene)bis[2,6-dibromo-, polymer with(chloromethyl)oxirane, anisocyanate and 4,4′-(1-methylethylidene)bis[phenol]

P–95–1288 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use chemicalintermediate.

(S) 2-Naphthalenol, octyl

P–95–1289 .... 05/05/95 08/03/95 CBI ........................................... (S) Coloration of high sulfurdiesel fuel.

(G) 2-Naphthalenol[(phenylazo) phenyl] azoalkyl derivatives

P–95–1290 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1291 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1292 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1293 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1294 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenol




ProjectedNotice End


P–95–1295 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1296 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1297 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1298 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1299 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1300 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1301 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1302 .... 05/05/95 08/03/95 CBI ........................................... (G) Destructive use ................. (G) Alkylated phenolP–95–1303 .... 05/05/95 08/03/95 CBI ........................................... (S) Epoxy curing agent for

water-based epoxy resins.(G) Polyaminoamide

P–95–1304 .... 05/05/95 08/03/95 CBI ........................................... (G) Component of coating withopen use.

(G) Modified urethane withalkyl alcohols























P–95–1316 .... 05/05/95 08/03/95 CBI ........................................... (G) Process intermediate-de-structive use.

(G) Chlorofluorocarbon

P–95–1317 .... 05/05/95 08/03/95 CBI ........................................... (G) Process intermediate-de-structive use.

(G) Hydrochlorofluorocarbon

P–95–1318 .... 05/08/95 08/06/95 Eastman Kodak Company ....... (G) Contained use in article .... (G) Polymer of substitutedbenzene, alkyl propenoate,and a subolymer of sub-stituted benzene, alkylpropenoate, and a sub-stituted ammonium salt

P–95–1319 .... 05/08/95 08/06/95 Eastman Kodak Company ....... (S) Chemical intermediate ....... (G) Substituted aromatic amineP–95–1320 .... 05/08/95 08/06/95 Eastman Kodak Company ....... (S) Chemical intermediate ....... (G) Substituted aromatic nitrileP–95–1321 .... 05/08/95 08/06/95 Eastman Kodak Company ....... (S) Chemical intermediate ....... (G) Substituted aromatic nitrileP–95–1322 .... 05/08/95 08/06/95 Eastman Kodak Company ....... (S) Dye .................................... (G) Substituted phthalocyanineP–95–1323 .... 05/08/95 08/06/95 CBI ........................................... (S) Epoxy curing agent for

water-based epoxy resins.(G) Polyaminoamide

P–95–1324 .... 05/08/95 08/06/95 CBI ........................................... (S) Epoxy curing agent forwater-based epoxy resins.

(G) Polyaminoamide

P–95–1325 .... 05/09/95 08/07/95 CBI ........................................... (S) Intermediate for dye pro-duction.

(G) Substituted naphthalenedisulfonic acid alkali salt

P–95–1326 .... 05/09/95 08/07/95 Gelest, Inc. .............................. (S) Treatment of laminates forprinted circuit boards/.

(S) 1,3-Bis(triethoxysilyl)ethane

P–95–1327 .... 05/09/95 08/07/95 CBI ........................................... (G) Lubricant additive .............. (G) Polyhydroxyester ofepoxidized soybean oil withanlky-aryl sulphonic acids

P–95–1328 .... 05/09/95 08/07/95 CBI ........................................... (S) Resin for printing ink ......... (G) Hydrocarbon modifiedrosin resin

P–95–1329 .... 05/09/95 08/07/95 Fritz Industries, Inc. ................. (S) Oilfield phosphate scale in-hibitor for downhole AP.

(G) Mixed calcium and magne-sium salt


(G) Dispersive and non-disper-sive use.

(G) Hydrofluorocarbon




ProjectedNotice End


P–95–1331 .... 05/09/95 08/07/95 Ciba-Geigy Corporation ........... (G) Textile dye ......................... (G) Substituted phenyl azosubstitutednaphthalenesulfonic acid azophenyl amino substitutednaphthalenesulfonic acid de-rivative

P–95–1332 .... 05/09/95 08/07/95 Bedoukian Research, Inc. ....... (S) Chemical intermediateproduct use information.

(G) Secondary aliphatic alco-hol

P–95–1333 .... 05/09/95 08/07/95 Esprit chemical company ........ (S) Brazing of aluminum .......... (S) A mixture of potassiumfluoroaluminate known as fl-7 containing 15–25%dipotassium pentafluoro alu-minate monohydrate and75–85% potassium alu-minum fluoride

P–95–1334 .... 05/09/95 08/07/95 CBI ........................................... (S) Coating additve .................. (G) Organomodifiedpolydimethylsiloxane

P–95–1335 .... 05/09/95 08/07/95 Diaz Chemical Corporation ..... (S) A raw material for produc-tion of 3,5-dibromoanisole.

(S) Benzene, 1,3-dibromo-5-fluoro

P–95–1336 .... 05/09/95 08/07/95 Diaz Chemical Corporation ..... (S) Pharmaceutical .................. (S) 1,3-Dibromo-5-methoxybenzene

P–95–1337 .... 05/11/95 08/09/95 CBI ........................................... (G) Paint ingredient ................. (G) (3,4-Epoxy-cyclohexyl)methyl acrylate

P–95–1338 .... 05/11/95 08/09/95 Hoechst Celanese ................... (S) Site limited intermediate .... (S) 1-(4-Hydroxyphenyl)ethanone oxime

P–95–1339 .... 05/12/95 08/10/95 CBI ........................................... (G) Inhibitor .............................. (G) Ethoxylated fatty imid-azoline salt

P–95–1340 .... 05/12/95 08/10/95 Urethane Technologies Inc. .... (S) Polymer intermediate ......... (S) A polymer of: isophoronediisocyanate monomer;isophorone diisocyanatetrimer; 2000 mn polyetherpolyol pg-55-56

P–95–1341 .... 05/12/95 08/10/95 Urethane Technologies Inc. .... (S) Polymer intermediate ......... (S) A polymer of: isophoronediisocyanate monomer;isophorone diisocyanatetrimer; 2000 mn polyetherpolyol pg-2056

P–95–1342 .... 05/12/95 08/10/95 Urethane Technologies Inc. .... (S) Polymer intermediate ......... (S) A polymer of: isophoronediisocyanate monomer;isophorone diisocyanatetrimer; 4500 mn polyetherpolyol pg-85-36

P–95–1343 .... 05/12/95 08/10/95 Ciba-Geigy Corporation ........... (G) Intermediate for textile dye (G) Benzenesulfonic acid,amino substituted phenylcompound

P–95–1344 .... 05/12/95 08/10/95 Siltech Inc. ............................... (G) The compound is added toformulated products for US.

(G) Dimethicone copolyol ester

P–95–1345 .... 05/12/95 08/10/95 Alox Corporation ...................... (S) Hydrotope/corrosion inhibi-tor/cleaner/lubricant.

(G) Triethanolamine salts offatty acids

P–95–1346 .... 05/15/95 08/13/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aliphatic polyisocyanateP–95–1347 .... 05/15/95 08/13/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aliphatic polyisocyanateP–95–1348 .... 05/15/95 08/13/95 Eastman Kodak Company ....... (S) Plasticizer .......................... (S) Glycerides, C8–21 and C8–21

unsaturated mono- and di-,acetates

P–95–1349 .... 05/15/95 08/13/95 Hoechst Celanese ................... (S) Dye for microelectronicsprocessing solutions.

(G) Heterocyclic aromatic ester

P–95–1350 .... 05/15/95 08/13/95 Hoechst Celanese ................... (S) Dye for microelectronicsprocessing solutions.

(G) Heterocyclic aromatic ester

P–95–1351 .... 05/16/95 08/14/95 CBI ........................................... (G) Open dispersive and non-dispersive uses.

(G) Substitutedpolyoxyalkylene colorant

P–95–1352 .... 05/16/95 08/14/95 CBI ........................................... (G) Open dispersive and non-dispersive uses.

(G) Substitutedpolyoxyalkylene colorant

P–95–1353 .... 05/16/95 08/14/95 CBI ........................................... (G) Polymeric material; open,non-dispersive.

(G) Polyamide alloy

P–95–1354 .... 05/16/95 08/14/95 Hoechst Celanese ................... (S) Dispersing agent ................ (G) Polycondensationcompound

P–95–1355 .... 05/16/95 08/14/95 Hoechst Celanese ................... (S) Air drying industrial paints . (G) Modified alkyldresin, saltwith dimethyl ethanol amine

P–95–1356 .... 05/16/95 08/14/95 CBI ........................................... (G) Moisture curable polymer .. (G) Siylated polyurethane(spu)




ProjectedNotice End


P–95–1357 .... 05/17/95 08/15/95 Mitsubishi Chemical Industries,Inc..

(S) Papercoating additive;flocculating agent for sew-age.

(S) Hydrolyzed polymer of N-vinylformamide, with acrylo-nitrile and hydrochloric acid

P–95–1358 .... 05/18/95 08/16/95 Exxon Chemical Company ...... (G) Adhesive component ......... (G) Aromatic modified aliphatichydrocarbon resin, hydro-genated

P–95–1359 .... 05/18/95 08/16/95 Exxon Chemical Company ...... (G) Adhesive component ......... (G) Aromatic modified aliphatichydrocarbon resin, hydro-genated

P–95–1360 .... 05/18/95 08/16/95 Dow Elanco ............................. (G) Process raw material ........ (G) Substituted quinolineP–95–1361 .... 05/18/95 08/16/95 Max Marx Color & Chemical ... (S) A pigment used in solvent

or water based inks.(S) Benzoic acid, 2-[(2-

hydroxy-3,6-disulfo-1-1naphtaneyl)azo]-aluminumsalt(1:1)

P–95–1362 .... 05/18/95 08/16/95 Dow Elanco ............................. (G) Process raw material ........ (G) Substituted quinolineP–95–1363 .... 05/15/95 08/13/95 CBI ........................................... (S) Manufacture of polyether

based thermoplastic polyur.(S) M-phenylenebis (diphenyl

phosphate)P–95–1364 .... 05/18/95 08/16/95 CBI ........................................... (S) Resin for primer paints,

coatings, inks, and adhesi.(G) Copolymer of acrylic and

methacrylic estersP–95–1365 .... 05/18/95 08/16/95 CBI ........................................... (S) Site limited intermediate for

the production of acr.(G) Ceteareth-25 mono

itaconateP–95–1366 .... 05/22/95 08/20/95 OCG Microelectronic Materials,

Inc..(S) Photographic speed

ehancer.(G) Poly(hydroxyaryl)alkane

P–95–1367 .... 05/22/95 08/20/95 OCG Microelectronic Materials,Inc..

(S) Photoactive compound ...... (G) Esters ofpoly(hydroxyphenyl)alkaneand diazonaphthalenesulfonyl chloride

P–95–1368 .... 05/19/95 08/17/95 OSI Specialties, Inc. ................ (S) Raw material ...................... (S) Cyclohexane-1,2,4-triyltris(ethylene)

P–95–1369 .... 05/19/95 08/17/95 CBI ........................................... (G) Ink thickener ...................... (G) Anionic polyacrylamideP–95–1370 .... 05/19/95 08/17/95 CBI ........................................... (S) Coatings ............................. (G) Amine salt of acrylic latex

copolymerP–95–1371 .... 05/19/95 08/17/95 CBI ........................................... (S) Coatings ............................. (G) Amine salt of acrylic latex







copolymerP–95–1378 .... 05/19/95 08/17/95 Hoechst Celanese ................... (S) Binder for varnish .............. (G) 2-Ethylhexylacrylate, poly-

mer with methacrylic, acrylicacid, styrene andmethylmethacrylate

P–95–1379 .... 05/22/95 08/20/95 3M ............................................ (G) Adhesive ............................ (G) Acrylate copolymerP–95–1380 .... 05/19/95 08/17/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Aliphatic polyimineP–95–1381 .... 05/23/95 08/21/95 CBI ........................................... (G) Open, non-dispersive use

and open, highly dispersive.(G) Quarternary ammonium

saltP–95–1382 .... 05/23/95 08/21/95 CBI ........................................... (G) Intermediate ...................... (G) Polyalkoxylated amineP–95–1383 .... 05/23/95 08/21/95 Dow Elanco ............................. (S) Intermediate ....................... (G) Macro cyclic lactoneP–95–1384 .... 05/23/95 08/21/95 Dow Elanco ............................. (S) Intermediate ....................... (G) Macro cyclic lactoneP–95–1385 .... 05/23/95 08/21/95 Amoco Canada Marketing

Corp..(G) ............................................ (G) Polyglycidyl ester

P–95–1386 .... 05/22/95 08/20/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Modified diphenylmethanediisocyanate

P–95–1387 .... 05/22/95 08/20/95 Shin-Etsu—Silicones of Amer-ica, Inc.

(S) Treatment agent for pow-ders; water repellent agent.

(G) Organopoolysiloxane

P–95–1388 .... 05/22/95 08/20/95 Shin-Etsu—Silicones of Amer-ica, Inc.

(S) Lubricant in coating agent . (G) Organopolysiloxane

P–95–1389 .... 05/22/95 08/20/95 OCG Microelectronic Materials,Inc..

(S) Photoactive compound ...... (G) Mixed esters ofpoly(hydroxyphenyl)alkaneand diazonaphthalenesulfonyl chloride




ProjectedNotice End


P–95–1390 .... 05/23/95 08/21/95 Hoechst Celanese ................... (S) Dyestuff for automotivepolyester fiber.

(G) 9H-carbazole-9-ethanol, 3-(substituted)azo-

P–95–1391 .... 05/23/95 08/21/95 CBI ........................................... (G) A component of the mate-rial for IC fabrication.

(G) Substituted pyrogallol

P–95–1392 .... 05/23/95 08/21/95 CBI ........................................... (G) A component of the mate-rial for IC fabrication.

(G) Substituted xylenol

P–95–1393 .... 05/23/95 08/21/95 CBI ........................................... (G) Additive, open, non-disper-sive use.

(G) fatty acids, dimers, reac-tion products with fattyacids, trimers and polyamine

P–95–1394 .... 05/23/95 08/21/95 Dow Elanco ............................. (S) Intermediate ....................... (G) Macro cyclic lactoneP–95–1395 .... 05/23/95 08/21/95 Dow Elanco ............................. (S) Intermediate ....................... (G) Macro cyclic lactoneP–95–1396 .... 05/23/95 08/21/95 CBI ........................................... (S) Isolated intermediate ......... (G) Chloroformate of

ethoxylated alcoholP–95–1397 .... 05/23/95 08/21/95 CBI ........................................... (G) Monomer used in specialty

polymer.(G) Amine sulfonate monomer

P–95–1398 .... 05/23/95 08/21/95 CBI ........................................... (G) Functional vinyl chloride/vinyl acetate terpolymer.

(G) vinyl chloride, polymer withvinyl acetate and aminesulfonate monomer

P–95–1399 .... 05/23/95 08/21/95 CBI ........................................... (G) Functional vinyl chloride/vinyl acetate terpolymer.

(G) Vinyl chloride, polymerwith vinyl acetate and aminesulfonate monomer

P–95–1400 .... 05/24/95 08/22/95 E.I. Du Pont De NemoursCompany,Inc.

(S) Surface coating .................. (G) Emulsifier stabilized sub-stituted alkylhydroxysilaneemulsion

P–95–1401 .... 05/24/95 08/22/95 CBI ........................................... (G) Charge control agent ........ (G) Pyrrolidinobenzimidazoliumsalt

P–95–1402 .... 05/24/95 08/22/95 CBI ........................................... (S) Leather tanning and dyeingauxillary.

(G) Cationic formaldehyde-urea polymer

P–95–1403 .... 05/24/95 08/22/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Unsaturated polyesterP–95–1404 .... 05/24/95 08/22/95 CBI ........................................... (G) Open, non-dispersive ........ (G) Unsaturated polyester

resinP–95–1405 .... 05/24/95 08/22/95 CBI ........................................... (G) Open, non-dispersive ........ (G) CopolycarbonateP–95–1406 .... 05/24/95 08/22/95 CBI ........................................... (G) Open, non-dispersive ........ (G) CopolycarbonateP–95–1407 .... 05/24/95 08/22/95 Hercules-Sanyo Incorporated .. (G) Industrial use-open non-

dispersive use in adhesives.(G) Aliphatic hydrocarbon resin

P–95–1408 .... 05/24/95 08/22/95 Hercules-Sanyo Incorporated .. (G) Industrial use-open non-dispersive use in adhesives.

(G) Aliphatic hydrocarbon resin

P–95–1409 .... 05/24/95 08/22/95 CBI ........................................... (S) Coatings ............................. (G) Polyester resinP–95–1410 .... 05/24/95 08/22/95 E.I. Du Pont De Nemours

Company, Inc..(S) Site limited intermediate for

a surface coating.(G) Polysubstituted

alkylalkoxysilaneP–95–1411 .... 05/25/95 08/23/95 CBI ........................................... (S) Light stabilizer for poly-

mers, inc. polyolefins.(G) Substituted malonic acid,

bis (substituted-monoheterocycle) ester


(G) Polyhydroxypolyphosphate ester salt
























(G) Inorganic amine salt




ProjectedNotice End



(G) Inorganic amine salt


(G) Acid functional acrylic poly-mer






















(G) Hydroxy functional acrylicpolymer






(G) Acid functional acrylic resin


(G) Acid functional arcylic resin














(G) Neutralized water basedacid functional polymer


























ProjectedNotice End






P–95–1462 .... 05/25/95 08/23/95 CBI ........................................... (G) Neutralized water basedacid functional polymer.

(G) Component of coating withopen use







P–95–1466 .... 05/25/95 08/23/95 CBI ........................................... (G) Industrial intermediate, de-structive use.

(G) Substituted aromaticaldehyde

P–95–1467 .... 05/25/95 08/23/95 CBI ........................................... (G) Chealating agent, open,non-dispersive use.

(G) Substituted aromaticaldoxime


(G) Neutralized polymer of sty-rene with alkyl acrylates andmethacrylates


(G) Polyurethane polyacrylicresin


(G) Polyurethane polyacrylicresin

P–95–1471 .... 05/25/95 08/23/95 CBI ........................................... (G) Component is an epoxycurative.

(G) Epoxy amine adduct

P–95–1472 .... 05/25/95 08/23/95 CBI ........................................... (G) Component in an epoxycurative.

(G) Epoxy amine adduct

P–95–1473 .... 05/25/95 08/23/95 CBI ........................................... (G) Intermediate ...................... (G) Substitutedisobenzofuranone


(G) Styrene-maleic anhydridecopolymer, reaction copoly-mer reaction products withalcoholic compounds, saltwith alkanolamine

P–95–1475 .... 05/25/95 08/23/95 Spies Hecker, Inc. ................... (S) Binder for wire enamels .... (S) A Polymer of: 1,1′-methylenebis(isocyanato-benzene); 2,2-dihydroxymethyl-butanol-1;phenol

P–95–1476 .... 05/25/95 08/23/95 CBI ........................................... (S) Ultra violet curable resin .... (G) Silicone acrylateP–95–1477 .... 05/25/95 08/23/95 Spies Hecker, Inc. ................... (S) Binder for car repair paints (G) Polyurethane dispersionP–95–1478 .... 05/25/95 08/23/95 CBI ........................................... (S) Adhesive ............................ (G) Triethylaminium salt of

polyurethane polymerP–95–1479 .... 05/25/95 08/23/95 CBI ........................................... (S) Adhesive ............................ (G) Ammonium salt of poly-

urethane polymerP–95–1480 .... 05/25/95 08/23/95 CBI ........................................... (S) Adhesive ............................ (G) Sodium salt of poly-

urethane polymerP–95–1481 .... 05/25/95 08/23/95 CBI ........................................... (S) Adhesive ............................ (G) Polyurethane polymerP–95–1482 .... 05/26/95 08/24/95 CBI ........................................... (S) Fixing agent for direct

dyeings of cellulose fiber.(G) Polymeric quaternary am-

monium compound alpha,omega, substituted


(G) Inorganic acid amine salt











P–95–1489 .... 05/25/95 08/23/95 CBI ........................................... (S) Adhesive ............................ (G) Polyester isocyanateprepolymer






ProjectedNotice End
















P–95–1506 .... 05/26/95 08/24/95 CBI ........................................... (G) Dye for cotton .................... (G) Triazinylamino-substitutedsulfonated bisazobenzenecompound

P–95–1507 .... 05/26/95 08/24/95 CBI ........................................... (S) Adhesive for package man-ufacture.

(G) Modified diphenylmethanediisocyanate

P–95–1508 .... 05/26/95 08/24/95 CBI ........................................... (G) Component of topcoat withopen use.

(G) Acid functional acrylic latex





P–95–1511 .... 05/30/95 08/28/95 Eastman Kodak Company ....... (G) Contained use in an article (G) Monosubstituted tetrazole,salt

P–95–1512 .... 05/30/95 08/28/95 Eastman Kodak Company ....... (G) Chemical intermediate ...... (G) MonosubstitutedtetrazoleP–95–1513 .... 05/30/95 08/28/95 CBI ........................................... (S) A paint vehicle for pp sub-

strates.(G) Chlorinated polypropylene

modified with acrylic poly-mers and polybutadiene

P–95–1514 .... 05/31/95 08/29/95 Hoechst Celanese ................... (G) Destructive end use .......... (S) A polymer of: 2,5-furandione; amines, C14–18-alkyl; octadecene;benzenesulfonic acid, 4-methyl; benzenecarboperoxoic acid, 1,1-dimethylethyl ester


(G) Fatty acids, unsaturated,reaction products with un-saturated, with unsaturatedheterocycle


(G) Fatty acids, unsaturated,reaction products with un-saturated, heterocycle com-pounds with alkanolamine


(G) Fatty acids, unsaturated,reaction products with un-saturated, with unsaturatedheterocycle


(G) Fatty acids, unsaturated,reaction products with un-saturated, heterocycle andethoxylated alkylamine

P–95–1519 .... 05/31/95 08/29/95 CBI ........................................... (G) Paint additive used in opennon dispersive use.

(G) Heterocycle amine




ProjectedNotice End


P–95–1520 .... 05/31/95 08/29/95 CBI ........................................... (G) Dye for fibers: open,nondispersive use.

(G) Disubstitutedphenylaminodenzene azosubstituted phenol

P–95–1521 .... 05/31/95 08/29/95 CBI ........................................... (G) Dye for fibers: open,nondispersive use.

(G) Disubstitutedphenylaminodenzene azosubstituted phenol

P–95–1522 .... 06/14/95 09/10/95 CBI ........................................... (G) Component of dispersivelyapplied adhesive.

(G) Polyurethane polyurea dis-persion











P–95–1528 .... 06/15/95 09/13/95 Engelhard ................................ (S) As an organic pigment inplastics, coatings and ink.

(G) Metallized azo yellow pig-ment

P–95–1529 .... 06/15/95 09/13/95 CBI ........................................... (G) Open, destructive use as agas generant for automot.

(G) Gas generant

P–95–1530 .... 06/15/95 09/13/95 International Business Ma-chines Corporation.

(S) Base epoxy resin in micro-electronic encapsulant for.

(S) 7-Oxabicyclo [4.1.0]heptane, 3,3’- [ethylidenebis(oxymethylene)bis-

P–95–1531 .... 06/15/95 09/13/95 CBI ........................................... (G) Water-borne coating .......... (G) Water-borne polyurethanedispersion

P–95–1532 .... 06/15/95 09/13/95 CBI ........................................... (G) Film forming polymer ........ (G) Diazo resinP–95–1533 .... 06/16/95 09/14/95 CBI ........................................... (G) Component of coating with

dispersive use.(G) Acyl aminomethylene

phosphonateP–95–1534 .... 06/16/95 09/14/95 CBI ........................................... (G) Component of coating with








































phosphonate




ProjectedNotice End


P–95–1554 .... 06/16/95 09/14/95 CBI ........................................... (G) Component of coating withdispersive use.

(G) Acyl aminomethylenephosphonate





P–95–1557 .... 06/16/95 09/14/95 CBI ........................................... (G) Chemical intermediate withdestructive use.

(G) Imine

P–95–1558 .... 06/16/95 09/14/95 CBI ........................................... (G) Chemical intermediate withdestructive use.

(G) Imine

P–95–1559 .... 06/16/95 09/14/95 Ciba-Geigy Corporation ........... (S) Manufacturing intermediateto produce a light stabi.

(S) Phenol, 2-(1-methyl- 1-phenylethyl)- 6-[(nitrophenyl)azo]- 4-(1,1,3,3,3- tetramethylbutyl)-

P–95–1560 .... 06/15/95 09/13/95 CBI ........................................... (G) Water-borne coating .......... (G) Water-borne polyurethanedispersion

P–95–1561 .... 06/20/95 09/18/95 Dow Chemical U.S.A. .............. (S) Chemical intermediate ....... (G) Stilbene bisphenolP–95–1562 .... 06/20/95 09/18/95 CBI ........................................... (S) Coatings ............................. (G) Amine functional epoxy

resin salted with an organicacid

P–95–1563 .... 06/20/95 09/18/95 CBI ........................................... (S) Coatings ............................. (G) Amine functional epoxyresin salted with an organicacid





P–95–1568 .... 06/20/95 09/18/95 CBI ........................................... (G) Destructive use ................. (S) 1-Naph thaleneprop anol,alpha-ethenyl decahydro-alpha,5,5,8A-tetramethyl- 2-methylene-, (S-1 alpha (S),4beta,8AAlpha))-

P–95–1569 .... 06/20/95 09/18/95 CBI ........................................... (G) Destructive use ................. (S) (5S,8R,9R,10S,13R)-8,20-Epoxy-13-hydroxy-14-labdane

P–95–1570 .... 06/20/95 09/18/95 CBI ........................................... (G) Destructive use ................. (S) (5S,8R,9R,10S)-8,20-Epoxy-14,15-bisnorlabdan-13-one

P–95–1571 .... 06/21/95 09/19/95 CBI ........................................... (G) Specialty additive .............. (G) Substituted-dialkylbenzenedi carboxylate

P–95–1572 .... 06/21/95 09/19/95 Dow Chemical U.S.A. .............. (G) Additive for polyurethaneelastomers.

(G) Polymeric isocyanateprepolymer

P–95–1573 .... 06/13/95 09/11/95 CBI ........................................... (G) Quality control agent ......... (G) Substituted-dialkylbenzenedicar boxylate

P–95–1574 .... 06/06/95 09/11/95 CBI ........................................... (G) Specialty additive .............. (G) Substituted-heteromonocycle, [[[[sub-stituted] oxoalkyl] amino]substituted]-oxoalkyl-


(G) Substituted mono-cycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy-sulfonaphthalene,chromium complex, sodiumsalts


(G) (substituted mono-cycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy-sulfonaphthalene,chromium complex, sodiumsalts




ProjectedNotice End



(G) (Substituted mono-cycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy-sulfonaphthalene,chromium complex, sodiumsalts

P–95–1578 .... 06/21/95 09/19/95 3M Company ........................... (S) Chemical intermediate ....... (G) HydrofluorocarbonP–95–1579 .... 06/22/95 09/20/95 Ciba-Geigy Corporation ........... (G) Textile dye ......................... (G) Substituted naphthalene

azo metal complex dyeP–95–1580 .... 06/22/95 09/20/95 CBI ........................................... (G) Specialty additive .............. (G) Disubstituted aniline

II. 27 POLYMER EXEMPTION NOTICES RECEIVED FROM: 03/22/95 TO 06/22/95.


ProjectedNotice End


Y–95–0081 .... 05/26/95 05/08/95 Benjamin Moore Company ...... (G) Baked enamel finish .......... (G) Polyester resinY–95–0082 .... 03/27/95 04/17/95 Asahi Chemical Industry Amer-

ica Inc..(S) Hardener of polyurethane

paint.(S) Poly[oxy(1-oxo-1,6-

hexanediyl)], .alpha.-hydro-.omega.-hydroxy-,ester with2-ethyl-2-(hydroxymethyl)-1,3-propanediol, polymerwith 1,6-diisocyanatohexaneand 1,3,5-tris(6-isocyanatohexyl)1,3,5-tri-azine-2,4,6(1H,3H,5H)-trione, methylethylketoneoxime-blocked

Y–95–0083 .... 03/27/95 04/17/95 Asahi Chemical Industry Amer-ica Inc..

(S) VCR Parts, copymachineparts, printer parts.

(S) Polyoxymethylene-block-polyoxypropylene

Y–95–0084 .... 03/28/95 04/18/95 Eastman Kodak ....................... (S) Powdered Coatings ........... (S) A polymer of: trans-1,4-cyclohexanedicarboxylicacid, dimethyl ester; 1,4-butanediol; 1,4-cyclohexanedicarboxylicacid; titnium tetraispropoxide

Y–95–0085 .... 03/29/95 04/19/95 CBI ........................................... (G) Dehydration agent ............. (G) Propoxylated amineY–95–0086 .... 04/03/95 04/24/95 Gencorp Polymer Products ..... (G) Coatings for use in paper

and textile applications.(G) An emulsion of styrene,

butadiene, acrylic copolymerin water

Y–95–0087 .... 04/04/95 04/25/95 Uniglobe Kisco, Inc. ................. (S) BInder material used onthe surface of plastic prin.

(S) 1,3-Butadiene,homopolymer, hydrogenatedhydroxy-terminated, fattyacids, montan wax diesters

Y–95–0088 .... 04/04/95 04/25/95 Gencorp polymer products ...... (G) As a coating for use inpaper and textile applicati.

(G) An emulsion of styrene-bu-tadiene-acrylic copolymer inwater

Y–95–0089 .... 04/05/95 04/26/95 CBI ........................................... (G) Paint .................................. (G) Polyurethane/polyureapolymer

Y–95–0090 .... 04/10/95 05/01/95 Mitsubishi Gas ChemicalAmerica, Inc..

(G) Additive for plastics ........... (G) Modified polycarbonate

Y–95–0091 .... 04/11/95 05/02/95 CBI ........................................... (G) Structural component forarticles.

(G) Thermoplastic polyesterurethane elastomer





Y–95–0094 .... 04/14/95 05/05/95 Eastman Chemical Company .. (S) Water-dispersible, hot meltadhesive.

(G) Water-dispersive sulfo pol-yester

Y–95–0095 .... 04/18/95 05/09/95 CBI ........................................... (S) Molding resin ..................... (S) Saturated polyester poly-mer

Y–95–0096 .... 04/25/95 05/16/95 S. C. Johnson & Son, Inc. ....... (G) Open, non-dispersive ........ (G) Acrylic emulsion polymerY–95–0097 .... 04/25/95 05/16/95 S. C. Johnson & Son, Inc. ....... (G) Open, non-dispersive ........ (G) Acrylic emulsion polymerY–95–0098 .... 04/25/95 05/16/95 S. C. Johnson & Son, Inc. ....... (G) Open, non-dispersive ........ (G) Acrylic emulsion polymerY–95–0099 .... 04/25/95 05/16/95 S. C. Johnson & Son, Inc. ....... (G) Open, non-dispersive ........ (G) Acrylic emulsion polymerY–95–0100 .... 04/25/95 05/16/95 S. C. Johnson & Son, Inc. ....... (G) Open, non-dispersive ........ (G) Acrylic emulsion polymer


II. 27 POLYMER EXEMPTION NOTICES RECEIVED FROM: 03/22/95 TO 06/22/95.—Continued


ProjectedNotice End


Y–95–0101 .... 05/02/95 05/23/95 CBI ........................................... (G) Open, non-dispersive use . (G) Copolymer of methacrylicacid and dimethyl siloxane

Y–95–0102 .... 05/08/95 05/29/95 CBI ........................................... (S) Coatings ............................. (G) Polyester resinY–95–0103 .... 05/09/95 05/30/95 CBI ........................................... (S) Industrial mirror coating ve-

hicle.(G) Oil modified polyurethane

alkyd resinY–95–0104 .... 05/19/95 06/09/95 CBI ........................................... (S) Manufacturing use in textile

printing of fabric.(G) Acrylate/methacrylic acid

coplymerY–95–0105 .... 05/24/95 CBI ........................................... (G) Dispersant ......................... (G) Ethylene alpha-olefin co-

polymerY–95–0106 .... 05/31/95 06/21/95 CBI ........................................... (S) Injected molded parts; film/

sheet.(G) Cyclo olefinic copolymer

Y–95–0107 .... 05/31/95 06/21/95 CBI ........................................... (G) Anti-static agent for resins(open, non-dispersive.

(G) Polyether-ester-amideblock copolymer

III. 234 NOTICES OF COMMENCEMENT RECEIVED FROM: 08/31/93 TO 05/16/95.


Commence-ment/Import

DateChemical

P–90–1895 ..... 08/31/93 08/08/93 (G) Polymethacrylate derivative with phenyl groupsP–86–457 ....... 08/20/93 08/11/93 (G)Halogenated, ethoxylated esterP–86–460 ....... 08/20/93 08/11/93 (G)Quaternized fatty imidazolineP–90–1915 ..... 08/20/93 07/23/93 (G)Magnesium saltP–91–989 ....... 08/24/93 07/28/95 (G) Unsaturated polyesterP–90–1274 ..... 08/31/93 08/08/93 (G)Polymethacrylate derivative with octadecyl groupsP–90–1275 ..... 08/31/93 08/08/93 (G) Polymethacrylate derivative with phenyl groupsP–86–0002 ..... 09/03/93 07/14/93 (G) Perfluoroalkyl methacrylate copolymer latexP–93–0822 ..... 11/29/93 11/09/93 (G)Mono substituted phenylazo di substituted benzene diazonium saltP–90–1278 ..... 09/08/93 08/25/93 (G)Aromatic dibasic acid, polymer with alkanedisic acid, hydroxysubstituted alkane. cyclohexyl

isocyanate and dialkene amineP–92–1341 ..... 09/08/93 08/24/93 (G)AcetoacetylatedP–90–0261 ..... 09/15/93 09/01/93 (G)Modified fatty alcohols-alkoxylateP–90–0262 ..... 09/15/93 09/01/93 (G) Fatty alcohol, alkoxylatedP–92–915 ....... 09/15/93 08/20/93 (G)OrganodislazaneP–92–1226 ..... 09/20/93 08/30/93 (G)Modified styrenated acrylate methacrylate polymerP–88–0600 ..... 09/21/93 09/06/93 (G) Disubstituted aniline derivativeP–94–2178 ..... 03/23/95 02/28/95 (G) Acrylic siloxane polymerP–94–2179 ..... 03/23/95 03/03/95 (G) Acrylic siloxane polymerP–94–2003 ..... 03/23/95 03/09/95 (G) Acrylonitrile-styrene-acrylate copolymerP–94–1992 ..... 03/23/95 02/22/95 (G) Polymer of alkanediols; monocyclic dicarboxylic acid, dimethyl ester; monocyclic

monosulfonated dicarboxylic acid, dimethyl ester, monosodium salt; and hydroxyalkoxyaldanesulfonic acid, sodium salt

P–92–1415 ..... 03/23/95 03/03/95 (G) Heterocyclic perylene pigmentP–95–0290 ..... 03/24/95 03/08/95 (S) Reaction products of: benzene, reaction products with chlorine and sulfur chloride (S2Cl2),

chlorides; methanol, sodium salt; and phenol, 4,4′-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene)bis

P–94–1450 ..... 03/24/95 03/04/95 (G) Modified polyvinyl alcoholP–95–0126 ..... 03/27/95 03/07/95 (G) Oil modified polyester or alkyd resinP–94–1885 ..... 03/27/95 03/15/95 (S) A polymer of: 2,2 dimethyl-1,3-propanediol; terephthalic acid; glycerol; maleic anhydrideP–94–1771 ..... 03/27/95 03/10/95 (S) 1-Methoxy-2-propyl propionateP–93–1616 ..... 03/28/95 03/18/95 (S) Polymer of: diethylene glycol; maleic anhydride; adipic acid; toluene diisocyanate; ethanolP–95–0131 ..... 03/28/95 03/13/95 (G) Dicarboxylic acid esterP–95–0141 ..... 03/28/95 03/01/95 (G) Polyhalomethyl substituted triazine derivativeP–95–0295 ..... 03/28/95 03/13/95 (G) Inorganic metal complexP–95–0417 ..... 03/28/95 03/22/95 (G) Polycarbonate polyurethaneP–94–1845 ..... 03/29/95 03/13/95 (G) Fatty acid salt of alkyl diamineP–94–2203 ..... 03/30/95 03/01/95 (G) Di-substituted bis[aminobenzene] derivativeP–93–0597 ..... 03/31/95 03/16/95 (G) Aliphatic amine-blocked polycycloaliphatic isocyanateP–94–1751 ..... 03/31/95 03/12/95 (S) 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester; siloxanes and silicones, di-me 3-

mercaptopropyl; propanenitrile, 2,2′-azobis[2-methyl-P–94–1729 ..... 04/03/95 03/14/95 (G) Polyester polyol intermediateY–94–0038 ..... 04/03/95 03/28/95 (S) A polymer of: safflower oil; 1,2,3 propanetriol; 2,5- furandione; 4,7-methandiso benzofuran-

1,3-dione, 4,5,6,7,8,8-hexachloro-3a,4,7,=7a-tetrahydro; stannane, dibutloxoY–93–0135 ..... 04/03/95 02/25/95 (G) Polyolefinic copolymerP–91–0964 ..... 04/05/95 03/18/95 (G) Acrylic urethane modified epoxy ester polymerP–94–1542 ..... 03/27/95 03/15/95 (S) A polymer of: isophorone diisocyanate; 2-ethyl-(2-hydroxymethyl) 1,3 propane diol;

hydroxypropyl acrylate


III. 234 NOTICES OF COMMENCEMENT RECEIVED FROM: 08/31/93 TO 05/16/95.—Continued



DateChemical

P–94–1553 ..... 03/31/95 03/27/95 (G) Polyalkyl substituted diphosphonateP–95–0087 ..... 04/03/95 03/09/95 (G) Hydroxyl funcitonal polycarbonyl (polyalkylene oxide) polyurea oligomerP–94–0254 ..... 04/04/95 03/27/95 (S) 2-Propenoic acid, 2-methyl-, cyclohexyl ester, polymer with 2-(diethylamino)ethyl 2-methyl-2-

propenoate and 2-methylpropyl 2-methyl-2-propenoateP–95–0343 ..... 04/04/95 03/15/95 (G) Diethanolamine salt of a phosphated polycaprolactoneP–95–0196 ..... 04/04/95 03/02/95 (G) Acrylic copolymer saltP–95–0195 ..... 04/04/95 03/02/95 (G) Acrylic copolymer saltP–94–1899 ..... 04/04/95 03/07/95 (G) Alkoxy-functional polydimethylsiloxaneP–94–1900 ..... 04/04/95 03/08/95 (G) Alkoxy-functional polydimethylsiloxaneP–95–0127 ..... 04/05/95 03/28/95 (G) Difunctonal ketoximino silaneP–93–1381 ..... 04/05/95 03/06/95 (G) Aliphatic etherP–93–0686 ..... 04/06/95 03/03/95 (S) Carbamic acid, (3-isocyanato-4-methylphenyl)-2-ethylhexyl esterP–95–0265 ..... 04/05/95 03/05/95 (S) A polymer of: linoleic acid; benzoic acid; glycerol; pentaerythritol; phthalic anhydrideP–92–1337 ..... 05/08/95 04/18/95 (G) Phenyl (disubstitutedpolycyclic)P–93–0154 ..... 05/09/95 05/04/95 (G) Azo substituted naphthalene sulfonic acidP–94–1820 ..... 05/05/95 04/27/95 (G) Double metal cyanide complexP–94–1896 ..... 05/03/95 11/10/94 (G) Diisocyanate-based polymer blocked by oximeP–94–1930 ..... 05/09/95 04/19/95 (G) PolyalkylenechlorosilanesP–94–2175 ..... 05/09/95 04/13/95 (G) Modified hydrocarbon resin (cyclopentadiene type), as the basic polymerP–94–2182 ..... 05/02/95 04/05/95 (G) PolyetheramineP–93–1415 ..... 05/02/95 04/22/95 (G) Oxazolidene modified, epoxy-amine adduct diluted in butylglycolP–95–0260 ..... 05/09/95 04/26/95 (G) Styrene-acrylic resinP–95–0264 ..... 05/09/95 04/10/95 (G) Polyester resinP–95–0345 ..... 05/09/95 04/21/95 (S) Siloxanes and silicones, di-me, reaction products with silicic acid trimethylsilyl ester and

[(trimethylsilyl)oxy]-modified silicaP–95–0361 ..... 05/04/95 04/06/95 (G) 153965–54–9P–95–0411 ..... 05/09/95 05/01/95 (S) Neodecaneperoxoic acid, 3-hydroxy-1, 1-dimethyl butyl esterP–95–0461 ..... 05/08/95 05/02/95 (G) Reaction product of an epoxy resin and a phenol compoundP–95–0568 ..... 05/03/95 04/26/95 (G) Modified acrylic polymerP–95–0437 ..... 04/27/95 04/24/95 (S) 3-(1,1-Dimethylethyl)cyclohexanol, acetate-P–95–0403 ..... 04/25/95 04/12/95 (G) Complex reaction product of t-butyl, dihydroxycarbopolycycle and

bis(dimethylaminosubstituted)carbomonocycleP–95–0235 ..... 04/27/95 04/18/95 (G) Substituted benzoyl benzoic acidP–95–0232 ..... 04/27/95 04/21/95 (G) Alkyl substituted indoleP–95–0443 ..... 05/02/95 04/10/95 (G) Polymeric quaternary ammonium compoundP–95–0353 ..... 04/28/95 04/21/95 (G) An azo monochloro triazine reactive dyeP–95–0415 ..... 05/02/95 04/21/95 (G) Mixed alkyl borate estersP–95–0104 ..... 05/02/95 04/22/95 (S) A polymer of: 1,4-benzenedicarboxylic acid; 1,3 benzenedicarboxylic acid; 1,3-propanediolP–94–2204 ..... 05/02/95 04/24/95 (S) Bis - 3,9 (2,4-bis [alpha, alpha, - dimethyl benzyl phenoxy] -2,4,8,10-tetraoxa 3,9 -

diphosphaspiro [5.5] undecaneP–94–2130 ..... 04/28/95 03/26/95 (S) Magnesium formate (or formic acid, magnesium salt)P–94–1810 ..... 04/28/95 04/13/95 (G) Amine/aldehyde condensateP–94–1809 ..... 05/02/95 04/04/95 (G) Substituted dipyrrolo-diperimidineP–94–1713 ..... 05/02/95 04/12/95 (G) Polyurethane polymerP–94–1438 ..... 05/02/95 04/26/95 (G) Polyester resin solutionP–92–0458 ..... 04/28/95 04/11/95 (G) Copolyester resin of aryl/alky dibasic acids with alkanediolsY–94–0156 ..... 04/19/95 03/30/95 (G) Aqueous acrylic polymerP–95–0128 ..... 05/03/95 03/30/95 (G) PolysaccharideP–95–0282 ..... 05/02/95 03/29/95 (G) Perfluoroalkylethylacrylate copolymerP–95–0421 ..... 04/06/95 03/31/95 (S) Cyclohexanone, 2,6-bis[(4-azidophenyl)methylene]-4-ethyl-P–95–0357 ..... 04/06/95 04/04/95 (G) Isophorone diisocyanate, polyester type polyurethaneP–94–1407 ..... 04/07/95 03/10/95 (G) Saturated polyesterP–93–1648 ..... 04/10/95 03/10/95 (G) Halogenated nitrileP–94–0496 ..... 04/10/95 04/01/95 (G) 2-Propenoic acid, reaction products with oxirane, methyl oxirane, and alkyl tetrakisolP–95–0463 ..... 04/10/95 04/07/95 (G) Benzoic acid derivativeP–94–1997 ..... 04/11/95 04/03/95 (S) A polymer of: pyridine, 4-ethenyl-, polymer with diethyl benzene; P-toluene sulfonic acidP–94–2176 ..... 04/11/95 04/03/95 (G) Silicone polyureaP–95–0012 ..... 04/11/95 04/01/95 (G) 2-Propenoic acid, reaction products with alkylene glycolY–95–0052 ..... 04/11/95 04/04/95 (G) Silicone polyesterP–95–0097 ..... 04/11/95 03/31/95 (G) Acyl phosphine oxideP–92–0682 ..... 04/12/95 04/10/95 (G) Oil free polyester resinP–95–0448 ..... 04/13/95 04/04/95 (G) Polyurethane based on polyols, polyisocyanates and polyaminesP–95–0143 ..... 04/13/95 03/28/95 (G) Alkylamine saltP–94–1210 ..... 04/13/95 04/03/95 (G) Modified divinylbenzene/styrene/iminodiacetate copolymer, na ion formP–95–0147 ..... 04/14/95 03/21/95 (G) Substituted sulfonamido substituted aromatic naphthalenecarboxamideP–94–2212 ..... 04/14/95 03/13/95 (G) In-situ hydrophobized silicaP–94–2234 ..... 04/18/95 03/27/95 (S) Alkenes, C20–24.alpha.-, polymers with maleic anhydride, reaction products with 2,2,6,6-

tetramethyl-4-piperidinamineP–94–2156 ..... 04/14/95 04/03/95 (G) Substituted benzenediamine saltP–94–1951 ..... 04/14/95 03/31/95 (G) 1,2-Benzenedicarboxylic acid, butyl ethyl ester





DateChemical

P–91–0985 ..... 04/14/95 03/30/95 (G) Caprolactone modified acrylic compolymerP–92–1260 ..... 04/18/95 03/09/95 (S) 4-Hexeneniitrile, 2-ethenyl-2,5-dimethyl-P–93–0062 ..... 04/18/95 03/21/95 (G) PolyurethaneP–94–0401 ..... 04/18/95 04/12/95 (G) Substitute bis(phenyl)isobenzofuranoneP–94–1643 ..... 04/18/95 03/31/95 (G) Metallized azo dyestuffP–94–1709 ..... 04/18/95 04/06/95 (G) Modified polyolefinP–95–0080 ..... 04/18/95 03/30/95 (G) Polyarylphenol ethoxylate derivativeP–95–0093 ..... 04/18/95 03/31/95 (G) HydrofluorocarbonP–95–0096 ..... 04/18/95 03/23/95 (S) A polymer of: bisphenol a epoxy resin; bisphenol f epoxy resin; carboxy terminated vinyl co-

polymerP–95–0351 ..... 04/18/95 03/24/95 (G) Alkyd polyether polyurethaneP–95–0360 ..... 04/18/95 03/31/95 (G) Mixed sodium/lithium salt of a substituted naphthalene disulfonic acidP–95–0016 ..... 04/20/95 04/08/95 (G) Substituted phenyl azo substituted phenyl azo substittued naphthalenesulfonic acid derivativeP–93–1149 ..... 04/20/95 04/04/95 (G) Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine, diamines, a dibasic acid

and a monobasic acidP–95–0445 ..... 04/21/95 04/14/95 (G) Compatibility agentP–94–1838 ..... 03/31/95 01/26/95 (G) Organic polyurethaneP–91–0900 ..... 05/09/95 04/20/95 (G) Alkylnaphthalene sulfonic acid, isohexane diamine saltP–95–0274 ..... 05/10/95 04/17/95 (G) Phenylenebis[imino(chlorotriazinyl)imino(substituted naphthyl)azo(substituted phenyl)azo, so-

dium saltP–95–0119 ..... 05/10/95 05/03/95 (S) 3,6-nonadien-1-ol, (?,Z)-P–93–0411 ..... 05/11/95 05/03/95 (G) Methacrylate/acrylate/styrene copolymerP–95–0492 ..... 04/24/95 04/06/95 (G) Heterocyclic substituted sulfonamido substituted naphthalene carboxamideP–94–0590 ..... 04/24/95 03/27/95 (G) Neopentyl glycol diesters with mixed fatty acidsP–94–1400 ..... 04/25/95 04/12/95 (G) Anthraquinone reactive dyestuff preparationP–94–2183 ..... 04/25/95 04/05/95 (G) Polyether dimethylsiloxane copolymerP–95–0359 ..... 04/25/95 03/31/95 (G) Polymerized trimethyl-1,2-dihydroquinoline reaction productP–95–0418 ..... 04/25/95 03/24/95 (G) Polymethine dyeP–95–0737 ..... 04/28/95 04/26/95 (S) 2,7-Dimethoxy-1,4,5,8-tetrahydronaphthaleneP–94–1062 ..... 05/02/95 03/29/95 (G) Chloro alkeneP–94–0299 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–94–0300 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–94–0301 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–94–0302 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–94–0303 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–94–0304 ..... 04/18/95 04/10/95 (G) Mixed acid ester alcoholsP–93–1391 ..... 04/12/95 03/15/95 (G) C6 olefin, branched and linearP–93–1392 ..... 04/12/95 03/15/95 (G) C6 oefins, branched and linearP–94–2071 ..... 04/27/95 03/17/95 (G) Acrylmodified polysiloxaneP–94–2080 ..... 04/27/95 03/17/95 (G) Acrylmodified polysiloxaneP–94–2081 ..... 04/27/95 03/17/95 (G) Acrylmodified polysiloxaneP–93–1176 ..... 04/18/95 03/14/95 (G) PolyalphaolefinsP–93–1177 ..... 04/18/95 03/14/95 (G) PolyalphaolefinsP–93–1178 ..... 04/18/95 03/14/95 (G) PolyalphaolefinsP–95–0526 ..... 05/26/95 05/19/95 (G) Polyester resinP–95–0609 ..... 06/08/95 06/01/95 (G) Dimethylamino ethylmethacrylate copolymerP–95–0610 ..... 06/08/95 05/31/95 (G) Dimethylamino ethylmethacrylate copolymerP–93–1327 ..... 05/18/95 04/28/95 (G) Alkoxylated melamineP–93–1562 ..... 05/19/95 05/02/95 (G) Alkyl nitrileP–94–0247 ..... 05/26/95 05/08/95 (G) Polyfluoroacyl peroxideP–94–1847 ..... 05/25/95 05/16/95 (G) Polyester of aliphatic/cycloaliphatic dicarboxylic acids and aliphatic diolsP–94–2060 ..... 05/24/95 05/14/95 (S) A polymer of: 2-propenoic acid, 2-methyl-, methyl ester; benzene, ethenyl; 1,4

benzenedicarboxylic acid; 1,6 hexanediol; hexanedioic acid; 2-propenoic acid, 2-ethylhexylester; 1,3 propanediol, 2,2-dimethyl; soybean oil, epoxidized; 5-isobenzofurancarboxylic acid1,3-dihydro-1,3-dioxo; 2-propenoic acid, 2-methyl-, oxiranylmethyl ester; 1-propanol, 2-amino-2-methyl; 1,2-propanediol

P–94–2211 ..... 05/26/95 05/18/95 (G) Mixed polyalkenyl succinate ester/amine saltP–95–0142 ..... 05/31/95 05/22/95 (G) Alkyl modified heptamethyltrisiloxaneP–95–0226 ..... 05/24/95 05/15/95 (G) Hydroxyl groups containing acrylic copolymerP–95–0267 ..... 05/19/95 04/12/95 (G) Alkyl substituted heterocycleP–95–0268 ..... 05/19/95 04/13/95 (G) Olefin catalystP–95–0338 ..... 05/31/95 04/24/95 (G) Acetylenic alcoholP–95–0400 ..... 05/23/95 05/17/95 (G) Alkyl ether alcoholP–92–0203 ..... 05/22/95 05/10/95 (G) Lithium alkylarylsulfonateP–94–1884 ..... 05/23/95 05/24/95 (S) A polymer of: 1,6-hexanediol; cyclohexane, 1,1′-methylene bis [4-isocyanato-]; hexanedioic

acid; 1,3-benzenedicarboxylic acid; 1,3-diisocyanato-2-methyl-benzene 2,4-diisocyanato-1-methyl-benzene; fatty acid, C18 unsatd,, dimer, hydrogenated; propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl; ethanamine, N,N-diethyl; 1,2-ethanediamine, N,N′-bis (2-aminoethyl);dibutyloxo stannane

Y–95–0032 ..... 06/07/95 05/08/95 (G) Powder polyester polymer





DateChemical

Y–95–0033 ..... 06/07/95 05/08/95 (G) Powder polyester polymerY–95–0034 ..... 06/07/95 05/08/95 (G) Powder polyester polymerY–95–0035 ..... 06/07/95 05/08/95 (G) Powder polyester polymerY–95–0036 ..... 06/07/95 05/08/95 (G) Powder polyester polymerY–95–0037 ..... 06/07/95 05/08/95 (G) Powder polyester polymerP–94–1102 ..... 06/05/95 05/22/95 (G) Rosin, maleated, polymer with an alkylphenol, carboxylic acids, formaldehyde and a polyolP–94–1539 ..... 06/02/95 05/02/95 (S) A polymer of: 1,3-benzenedicarboxylic acid, 5-sulfo-, 1,3-dimethyl ester, sodium salt; 1,4-

benzenedicarboxylic acid, dimethyl ester; 1,3-benzenedicarboxylic acid, dimethyl ester; 1,2-ethanediol; 2-oxepanone, polymer with 2,2′-oxybis(ethanol); antimoxy oxide; acetic acid, zincsalt

P–95–0404 ..... 06/02/95 05/27/95 (S) 2,2,3,3,5,5,6,6,-Octafluoro-4-(pentafluoroethyl)-morpholineP–95–0444 ..... 06/07/95 05/29/95 (S) Polyester of terephtalic acid, isophthalic acid, adipic acid and 1,4 - butane diolP–95–0480 ..... 05/24/95 05/12/95 (S) A Polymer of: siloxanes and silicones, di-me, me hydrogen; benzene, (1-methylethenyl)-; 1-

octeneP–95–0516 ..... 05/26/95 04/30/95 (G) Rubber modified polyamideP–95–0517 ..... 05/23/95 05/07/95 (G) Polyester resinP–95–0519 ..... 05/19/95 04/24/95 (S) 1-Methoxypropan-2-oxyethanoic acid, sodium saltP–95–0520 ..... 05/19/95 04/13/95 (S) (2-methoxymethylethoxy)propan-2-oxyethanoic acid sodium saltP–95–0521 ..... 05/19/95 05/02/95 (S) 1-(1-methyl-2-propoxyethoxy)propan-2-oxyethanoic acid, sodium saltP–95–0447 ..... 06/14/95 06/08/95 (S) Copolyamide (nylon-copolymer), polycondensated from adipic acid, sebacic with

hexamethylene diamine and meta-xylene-diamineP–95–0757 ..... 06/09/95 06/06/95 (S) A polymer of: .alpha.,.alpha.′-((1-methylethylidene)di-4,1-phenylene)bis(.omega-

hydroxypoly(oxy(methyl-1,2-ethanediyl))); .alpha.,.alpha.′-((1-methylethylidene)di-4,1-phenyl-ene)bis(.omega.-hydroxypoly(oxy-,2-ethanediyl)); 2-butenedioic acid (E)-; 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid; hydroquinone

P–95–0758 ..... 06/09/95 06/06/95 (S) A polymer of: .alpha.,.alpha.′-((1-methylethylidene)di-4,1-phenylene)bis(.omega-hydroxypoly(oxy(methyl-1,2-ethanediyl))); 1,4-benzenedicarboxylic acid; 2-butenedioic acid (E)-;hexanedioic acid; dibutylin oxide; hydroquinone

Y–95–0079 ..... 05/31/95 05/16/95 (G) Modified polyurethaneP–95–0578 ..... 05/19/95 05/10/95 (S) N-propanol, reaction products with ethylene oxide (4 or more moles)P–95–0632 ..... 05/26/95 05/24/95 (G) Styrene-maleic anhydride copolymer, reaction products with amino compoundsP–95–0634 ..... 05/30/95 05/14/95 (G) Rosin modified phenolic resinP–95–0649 ..... 05/23/95 05/18/95 (G) PolyimidesulfoneP–94–2139 ..... 05/13/95 02/28/95 (G) Amine salt of polyester aliphatic polyurethaneP–95–0597 ..... 05/09/95 05/04/95 (G) Reaction product of aluminum isopropoxide with 2-ethylhexanoic acid and an esterP–95–0347 ..... 05/15/95 05/01/95 (G) Phenoic resin saltP–95–0406 ..... 05/08/95 05/03/95 (G) 2-Anilino-5-cyano-3-(2-(substituted)-6-(substituted)-4-methylpyridineP–95–0407 ..... 05/15/95 05/03/95 (G) 2-Anilino-5-cyano-3-(2-(substituted)-6-(substituted)-4-methylpyridineP–94–1912 ..... 05/15/95 05/15/95 (G) Hydrocarbon modified resinateP–95–0581 ..... 05/16/95 05/05/95 (G) Azo pigmentP–93–1649 ..... 05/16/95 04/21/95 (G) Alkylated ureaP–95–0457 ..... 05/16/95 04/19/95 (G) Starch, 2-carboxy-2-substituted-etherP–95–0611 ..... 06/22/95 06/15/95 (G) Dimethylaminoethyl methacrylate polymer saltP–95–0612 ..... 06/22/95 06/14/95 (G) Dimethylaminoethyl methacrylate polymer saltP–95–0641 ..... 06/21/95 05/27/95 (G) Alkyd polymerP–95–0570 ..... 06/16/95 05/24/95 (G) Naturalized waterborne acrylic polymerP–94–1953 ..... 06/16/95 05/25/95 (G) Unsaturated aliphatic polyesterP–94–0456 ..... 05/16/95 05/07/95 (G) Substituted methine derivative, acetate saltP–95–0591 ..... 05/16/95 05/08/95 (G) N-((substituted)alkylaminomonoheterocycle)-(substituted)phenylazo-hydroxy-amino-

naphthalenesulfonic acid, sodium saltP–95–0511 ..... 05/16/95 05/08/95 (G) Alkyl[(disubstituted phenyl) azo]-dihydro-hydroxy-alkyl-oxo-alkyl-substituted pyridineP–95–0510 ..... 05/16/95 05/08/95 (G) [(Disubstituted phenyl) azo]-dihydro-hydroxy-alkyl-oxo-alkyl-substituted pyridineP–95–0655 ..... 05/31/95 05/17/95 (G) Substituted phenyl azo substituted phenyl nitro alkyl esterP–95–0671 ..... 06/05/95 05/27/95 (S) A polymer of 1,2-ethanediol; 1,4-benzenedicarboxylic acid; 2,6-naphthalenedicarboxylic acid,

dimethyl esterP–95–0582 ..... 06/07/95 05/04/95 (S) A polymer of: oxirane, 2,2′-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)bis-

,homopolymer; bisphenol a; styrene; methacrylic acid; ethyl acrylate; t-butyl perbenzoate;dimethylethanolamine

Y–95–0049 ..... 06/13/95 05/25/95 (S) A polymer of: tall oil acids; tall oil; rosin, fortified; trimethylol propane; isophthalic acidP–94–1705 ..... 06/12/95 05/24/95 (G) Pentaerythritol esterP–94–1715 ..... 06/13/95 05/16/95 (G) Modified triglycerideP–95–0462 ..... 06/12/95 05/12/95 (G) Benzoic acid derivativeP–94–2174 ..... 06/15/95 05/23/95 (G) Petroleum hydrocarbon resin (cyclopentadiene type), as the basic polymerP–93–1112 ..... 06/13/95 05/30/95 (G) Siloxanes and silicones,dime,epoxyalkyl terminatedP–95–0678 ..... 06/13/95 05/27/95 (G) Dimethyl hydrogen stopped polysiloxane resinP–95–0679 ..... 06/13/95 06/30/95 (G) Epoxy alkyl stopped polysiloxane resinP–93–1564 ..... 06/20/95 05/20/95 (G) Alkyl amineP–94–0322 ..... 06/20/95 06/08/95 (G) Sodium polyfluorocarboxylateP–94–0323 ..... 06/20/95 05/20/95 (G) Potassium polyfluorocarboxylate





DateChemical

P–94–0950 ..... 06/20/95 05/24/95 (S) An isophthalic acid, phthalic anhydride, neopentyl glycol, 2-butyl-2-ethyl-1,3 propanediol poly-ester

P–94–1217 ..... 06/21/95 05/25/95 (G) Alkoxylated polydimethylsiloxaneP–95–0011 ..... 06/20/95 05/20/95 (G) Branched poly ester/etherP–95–0192 ..... 06/21/95 05/23/95 (G) Perfluoropolyether diacetateP–95–0193 ..... 06/21/95 05/26/95 (G) Perfluoropolyether dimethylesterP–95–0416 ..... 06/20/95 05/30/95 (S) Docosanyl benzoate (behenyl benzoate)P–95–0577 ..... 06/16/95 05/30/95 (G) Acrylic copolymerP–95–0589 ..... 06/20/95 05/29/95 (G) Triazole derivativeP–95–0596 ..... 06/20/95 05/31/95 (G) Carboxylated vinyl acrylic copolymerP–95–0733 ..... 06/14/95 06/02/95 (G) Polyurethane-ureaP–95–0783 ..... 06/21/95 06/08/95 (G) Substituted alkylaminohalobenzoic acid esterP–94–1864 ..... 06/21/95 06/09/95 (G) Dialkyl amido imidazolineP–94–1736 ..... 06/22/95 05/19/95 (G) Unsaturated polyesterP–95–0530 ..... 04/25/95 04/19/95 (S) A polymer of: tetrafluoroethene; trifluoro(trifluoromethoxy)ethene; 1,1,1,2,2,3,3,-heptafluoro-3-

[(trifluoroethenyl)oxy]-propaneY–95–0047 ..... 05/16/95 05/04/95 (G) Pentaerythritol polymeric ester with fatty and succinic acids

List of Subjects

Environmental protection,Premanufacture notices, Polymerexemptions, and Test marketingexemption applications.


Frank V. Caesar,Acting Director, Information ManagementDivision, Office of Pollution Prevention andToxics.


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Part IV

Department ofHousing and UrbanDevelopmentDelegation and Redelegation of AuthorityUnder Single Family MortgageForeclosure Act of 1994; Notice


DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT


Office of the General Counsel

[Docket No. FR–3951–D–01]

Delegation and Redelegation ofAuthority Under Single FamilyMortgage Foreclosure Act of 1994

AGENCY: Office of the Secretary; Officeof the General Counsel, HUD.ACTION: Notice of delegation andredelegation of authority to appointforeclosure commissioners and to fixcompensation under the Single FamilyMortgage Foreclosure Act of 1994.

SUMMARY: In this notice, the Secretarydelegates to the General Counsel, whoretains and redelegates this authority toHUD’s Field Assistant General Counsel,the authority under the Single FamilyMortgage Foreclosure Act of 1994 (the‘‘Act’’), 12 U.S.C. 3751–3768, to appointa foreclosure commissioner orcommissioners, or a substituteforeclosure commissioner to replace apreviously designated foreclosurecommissioner, and to fix compensationfor the foreclosure commissioners.EFFECTIVE DATE: October 20, 1995.FOR FURTHER INFORMATION CONTACT:Bruce S. Albright, Office of the General

Counsel, U. S. Department of Housingand Urban Development, Room 9240,Washington, DC 20410, (202) 708–1272.A telecommunications device for thehearing impaired (TDD) is available at(202) 708–3259. (These are not toll freenumbers.)

SUPPLEMENTARY INFORMATION: Section805 of the Single Family MortgageForeclosure Act of 1994, 12 U.S.C. 3754,authorizes the Secretary of HUD todesignate a foreclosure commissioner orcommissioners, or a substituteforeclosure commissioner to replace apreviously designated foreclosurecommissioner, for the purpose offoreclosing on single family mortgagesheld by the Secretary pursuant to TitleI or Title II of the National Housing Actor securing a loan obligated underSection 312 of the Housing Act of 1964,as further described in Section 803 ofthe Act (12 U.S.C. 3752). Section 812 ofthe Act, 12 U.S.C. 3761, authorizes thepayment of a commission to theforeclosure commissioner as authorizedby the Secretary. These responsibilitiesare being delegated by the Secretary tothe General Counsel, who furtherredelegates them to HUD’s FieldAssistant General Counsel.

Accordingly, the Secretary delegates,and the General Counsel redelegates,authority as follows:

Section A. Authority Delegated andRedelegated

1. Under Section 805 of the SingleFamily Mortgage Foreclosure Act of1994, 12 U.S.C. 3754, the power toappoint a foreclosure commissioner orcommissioners, or a substituteforeclosure commissioner to replace apreviously designated foreclosurecommissioner, is hereby delegated tothe General Counsel, who retains thisauthority and redelegates it to HUD’sField Assistant General Counsel.

2. Under Section 812 of the Act, 12U.S.C. 3761, the power to fixcompensation is hereby delegated to theGeneral Counsel, who retains thisauthority and redelegates it to HUD’sField Assistant General Counsel.

Authority: 12 U.S.C. 1715b, 12 U.S.C.3751–3768, 42 U.S.C. 3535(d).

Dated: October 20, 1995.Henry G. Cisneros,Secretary.

Dated: October 16, 1995.Nelson A. Dı́az,General Counsel—Housing and UrbanDevelopment.[FR Doc. 95–28173 Filed 11–14–95; 8:45 am]BILLING CODE 4210–32–P

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Part V

Department ofHealth and HumanServicesNational Institutes of Health

Recombinant DNA Advisory Committeeand Research; Notice of Meeting andProposed Actions Under the Guidelines;Notices




Recombinant DNA AdvisoryCommittee; Notice of Meeting

Pursuant to Public Law 92–463,notice is hereby given of a meeting ofthe Recombinant DNA AdvisoryCommittee on December 4–5, 1995. Themeeting will be held at the NationalInstitutes of Health, Building 31C, 6thFloor, Conference Room 10, 9000Rockville Pike, Bethesda, Maryland20892, starting on December 4, 1995, atapproximately 9 a.m., and will recess atapproximately 5 p.m. The meeting willreconvene on December 5, 1995, atapproximately 8:30 a.m. and willadjourn at approximately 5 p.m. Themeeting will be open to the public todiscuss Proposed Actions under the NIHGuidelines for Research InvolvingRecombinant DNA Molecules (59 FR34496) and other matters to beconsidered by the Committee. TheProposed Actions to be discussed willfollow this notice of meeting.Attendance by the public will be limitedto space available. Members of thepublic wishing to speak at this meetingmay be given such opportunity at thediscretion of the Chair.

Dr. Nelson A. Wivel, Director, Officeof Recombinant DNA Activities,National Institutes of Health, MSC 7010,6000 Executive Boulevard, Suite 302,Bethesda, Maryland 20892–7010, Phone(301) 496–9838, FAX (301) 496–9839,will provide materials to be discussed atthis meeting, roster of committeemembers, and substantive programinformation. Individuals who plan toattend and need special assistance, suchas sign language interpretation or otherreasonable recommendations, shouldcontact Dr. Wivel in advance of themeeting. A summary of the meeting willbe available at a later date.

OMB’s ‘‘Mandatory InformationRequirements for Federal AssistanceProgram Announcements’’ (45 FR39592, June 11, 1980) requires astatement concerning the officialgovernment programs contained in theCatalog of Federal Domestic Assistance.Normally NIH lists in itsannouncements the number and title ofaffected individual programs for theguidance of the public. Because theguidance in this notice covers not onlyvirtually every NIH program but alsoessentially every Federal researchprogram in which DNA recombinantmolecule techniques could be used, ithas been determined not to be costeffective or in the public interest to

attempt to list these programs. Such alist would likely require severaladditional pages. In addition, NIH couldnot be certain that every Federalprogram would be included as manyFederal agencies, as well as privateorganizations, both national andinternational, have elected to follow theNIH Guidelines. In lieu of theindividual program listing, NIH invitesreaders to direct questions to theinformation address above aboutwhether individual programs listed inthe Catalog of Federal DomesticAssistance are affected.




Recombinant DNA Research:Proposed Actions Under theGuidelines

AGENCY: National Institutes of Health(NIH), PHS, DHHS.ACTION: Notice of Proposed ActionsUnder the NIH Guidelines for ResearchInvolving Recombinant DNA Molecules(59 FR 34496, amended 59 FR 40170,amended 60 FR 20726).

SUMMARY: This notice sets forthproposed actions to be taken under theNIH Guidelines for Research InvolvingRecombinant DNA Molecules (59 FR34496, amended 59 FR 40170, amended60 FR 20726). Interested parties areinvited to submit comments concerningthese proposals. The proposals will beconsidered by the Recombinant DNAAdvisory Committee at its meeting onDecember 4–5, 1995. Afterconsideration of these proposals andcomments by the Recombinant DNAAdvisory Committee, the Director of theNational Institutes of Health will issuedecisions in accordance with the NIHGuidelines.DATES: Comments received byNovember 27, 1995, will be reproducedand distributed to the RecombinantDNA Advisory Committee forconsideration at its December 4–5, 1995,meeting.ADDRESSES: Written comments andrecommendations should be submittedto Dr. Nelson A. Wivel, Director, Officeof Recombinant DNA Activities,National Institutes of Health, MSC 7010,6000 Executive Boulevard, Suite 302,

Bethesda, Maryland 20892–7010, or sentby FAX to 301–496–9839.

All comments received in timelyresponse to this notice will beconsidered and will be available forpublic inspection in the above office onweekdays between the hours of 8:30a.m. and 5 p.m.FOR FURTHER INFORMATION CONTACT:Background documentation andadditional information can be obtainedfrom the Office of Recombinant DNAActivities, National Institutes of Health,MSC 7010, 6000 Executive Boulevard,Suite 302, Bethesda, Maryland 20892–7010, Phone 301–496–9838, FAX to301–496–9839.SUPPLEMENTARY INFORMATION: The NIHwill consider the following actionsunder the NIH Guidelines for ResearchInvolving Recombinant DNA Molecules:

I. Addition to Appendix D of the NIHGuidelines Regarding a Human GeneTransfer Protocol/Drs. Black andFakhrai

In a letter dated January 6, 1995, Drs.Keith L. Black and Habib Fakhrai of theUniversity of California, Los Angeles,California, submitted a human genetransfer protocol entitled: A Study of theSafety of Injecting Cancer Patients withGenetically Modified Tumor Cells;Injection of Glioblastoma Patients withIrradiated Autologous Glioma TumorCells Genetically Modified to Express aTGF–β2 Antisense mRNA Alone or inCombination with Increasing Doses ofTumor Cells Which Have BeenGenetically Modified to SecreteInterleukin-2 (IL–2): A Phase I Study tothe Recombinant DNA AdvisoryCommittee for formal review andapproval during the March 6–7, 1995,meeting.

During the March 6–7, 1995,Recombinant DNA Advisory Committeemeeting, a motion was made andseconded to defer the protocolsubmitted by Drs. Black and Fakhraibased on the lack of sufficientpreclinical data. The investigators andthe primary reviewers were to agree ona mutually acceptable experimentaldesign to address the scientificquestions posed by the RecombinantDNA Advisory Committee members.Once these studies have beenconducted, the investigators arerequired to submit this data to the fullRecombinant DNA Advisory Committeefor review and approval. The protocolwas deferred by a vote of 16 in favor, 0opposed, and no abstentions.

On August 9, 1995, Dr. Fakhraisubmitted an experimental design thatwas reviewed by a Recombinant DNAAdvisory Committee primary reviewer.


The experimental design was found tobe mutually acceptable.

On October 10, 1995, Dr. Fakhraisubmitted a revised protocol entitled: APhase I Study of the Safety of InjectingMalignant Glioma Patients withIrradiated TGF–β2 Antisense GeneModified Autologous Tumor Cells to theRecombinant DNA Advisory Committeefor formal review and approval duringthe December 4–5, 1995, meeting.

II. Addition to Appendix D of the NIHGuidelines Regarding a Human GeneTransfer Protocol/Drs. Hortobagyi,Lopez-Berestein, Hung

In a letter dated July 11, 1995, Drs.Gabriel Hortobagyi, Gabriel Lopez-Berestein, and Mien-Chie Hung of theUniversity of Texas, MD AndersonCancer Center, Houston, Texas,submitted a human gene transferprotocol entitled: Phase I Study of E1AGener Therapy for Patients withMetastatic Breast or Ovarian Cancer thatOverexpress HER–2/neu to theRecombinant DNA Advisory Committeefor formal review and approval duringthe September 11–12, 1995, meeting.

During the September 11–12, 1995,Recombinant DNA Advisory Committeemeeting, a motion was made andseconded to disapprove the protocolsubmitted by Drs. Hortobagyi. Themotion to disapprove the protocol(absence of relevant scientific datasupporting the proposed study) failedby a vote of 4 in favor, 9 opposed, and2 abstentions. Another motion wasmade and seconded to accept theprotocol contingent on review andapproval by a subcommittee of theRecombinant DNA Advisory Committeeof a revised experimental design andadditional preclinical data derived fromadditional experiments. A friendlyamendment was made and accepted thatthe protocol be deferred pending reviewand approval by the full RecombinantDNA Advisory Committee of the revisedexperimental design and subsequentdata derived from these experiments.The amended motion to defer wascontingent on full Recombinant DNAAdvisory Committee review of: (1) arevised experimental design(particularly relating to specificanatomical sites), (2) quantitativeassessment of ex vivo transduction rate,(3) data demonstrating the level ofsensitivity of in vitro assays, and (4) arevised Informed Consent document.The motion passed by a vote of 13 infavor, 1 opposed, and 1 abstention.

On October 9, 1995, Dr. Hortobagyisubmitted a revised protocol to theRecombinant DNA Advisory Committeefor formal review and approval duringthe December 4–5, meeting.

III. Addition to Appendix D of the NIHGuidelines Regarding a Human GeneTransfer Protocol/Dr. Batshaw

In a letter dated October 9, 1995, Dr.Mark Batshaw, Institute for HumanGene Therapy, University ofPennsylvania Medical Center,Philadelphia, Pennsylvania, submitted ahuman gene transfer protocol entitled: APhase I Study of Adenoviral VectorMediated Gene Transfer to Liver inAdults with Partial OrnithineTranscarbamylase Deficiency to theRecombinant DNA Advisory Committeefor formal review and approval duringthe December 4–5, meeting.

IV. Proposed Amendments to the NIHGuidelines Regarding Semiannual/Annual Data Reporting

In a letter dated June 16, 1995, Dr.Gary Nabel outlined the redundant andonerous reporting requirements ofmultiple Federal agencies and localinstitutions. At a minimum, amendingthe NIH Guidelines to accommodateannual data reporting requirementsrather than semiannual reportingrequirements should greatly reduce theburden currently placed on principalinvestigators of human gene transferprotocols.

In a letter dated August 16, Ms. DebraKnorr, NIH Office of Recombinant DNAActivities, submitted to theRecombinant DNA Advisory Committeethe intent to submit proposedamendments to the NIH Guidelinesregarding annual data reporting. Duringthe September 12, 1995, RecombinantDNA Advisory Committee meeting, Dr.LeRoy Walters, Chair, invited membersof the Recombinant DNA AdvisoryCommittee and the public to providecomments on the proposedamendments. No comments on theproposed amendments have beensubmitted to the Office of RecombinantDNA Activities to date.

The proposed amendments read asfollows:

‘‘Section IV–B–4–e–(5) currentlyreads:

‘‘Section IV–B–4–e–(5). Comply withsemiannual data reporting and adverseevent reporting requirements for NIHand FDA-approved human gene transferexperiments (see Appendix M–VIII,Reporting Requirements—Human GeneTransfer Protocols).’’

Section IV–B–4–e–(5) is amended toread:

‘‘Section IV–B–4–e–(5). Comply withannual data reporting and adverse eventreporting requirements for NIH andFDA-approved human gene transferexperiments (see Appendix M–VIII,Reporting Requirements—Human GeneTransfer Protocols).’’

Section IV–C–3–c currently reads:‘‘Section IV–C–3–c. Administering the

semiannual data reporting requirements(and subsequent review) for human genetransfer experiments, includingexperiments that are reviewed solely bythe FDA (see Appendix M–VI,Categories of Human Gene TransferExperiments that May Be Exempt fromRAC Review);’’

Section IV–C–3–c is amended to read.‘‘Section IV–C–3–c. Administering the

annual data reporting requirements (andsubsequent review) for human genetransfer experiments, includingexperiments that are reviewed solely bythe FDA (see Appendix M–VI,Categories of Human Gene TransferExperiments that May Be Exempt fromRAC Review);’’

Appendix M–VII currently reads:‘‘Appendix M–VII. Categories of

Human Gene Transfer Experiments thatMay Be Exempt from RAC Review

‘‘A proposal submitted under one ofthe following categories may beconsidered exempt from RAC reviewunless otherwise determined by NIH/ORDA and the FDA on a case-by-casebasis (see Appendix M–VI–A, Categoriesof Human Gene Transfer Experimentsthat Require RAC Review).

‘‘Note: In the event that the submittedproposal is determined to be exemptfrom RAC review, the documentationdescribed in Appendices M–I throughM–V will be maintained by NIH/ORDAfor compliance with semiannual datareporting and adverse event reportingrequirements (see Appendix M–VIII,Reporting Requirements—Human GeneTransfer Protocols). Any subsequentmodifications to proposals that were notreviewed by the RAC must be submittedto NIH/ORDA in order to facilitate datareporting requirements.’’

Appendix M–VII is amended to read:‘‘Appendix M–VII. Categories of

Human Gene Transfer Experiments thatMay Be Exempt from RAC Review

‘‘A proposal submitted under one ofthe following categories may beconsidered exempt from RAC reviewunless otherwise determined by NIH/ORDA and the FDA on a case-by-casebasis (see Appendix M–VI–A, Categoriesof Human Gene Transfer Experimentsthat Require RAC Review).

‘‘Note: In the event that the submittedproposal is determined to be exemptfrom RAC Review, the documentationdescribed in Appendices M–I throughM–V will be maintained by NIH/ORDAfor compliance with annual datareporting and adverse event reportingrequirements (see Appendix M–VIII,Reporting Requirements—Human GeneTransfer Protocols). Any subsequentmodifications to proposals that were not


reviewed by the RAC must be submittedto NIH/ORDA in order to facilitate datareporting requirements.’’

Appendix M–VIII–A currently reads:‘‘Appendix M–VIII–A. Semiannual

Data Reporting‘‘Investigators who have received

approval from the FDA to initiate ahuman gene transfer protocol (whetheror not it has been reviewed by the RAC)shall be required to comply with thesemiannual data reporting requirements.Semiannual Data Report forms will beforwarded by NIH/ORDA toinvestigators. Data submitted in thesereports will be evaluated by the RAC,NIH/ORDA, and the FDA and reviewedby the RAC at its next regularlyscheduled meeting.’’

Appendix M–VIII–A is amended toread:

‘‘Appendix M–VIII–A. Annual DataReporting

‘‘Investigators who have receivedapproval from the FDA to initiate ahuman gene transfer protocol (whetheror not it has been reviewed by the RAC)shall be required to comply with theannual data reporting requirements.Annual Data Report forms will beforwarded by NIH/ORDA toinvestigators. Data submitted in thesereports will be evaluated by the RAC,NIH/ORDA, and the FDA and reviewedby the RAC at its next regularlyscheduled meeting.’’

V. Presentation on Ethical IssuesAssociated With In Utero GeneTherapy/Dr. Fletcher

Dr. John C. Fletcher, KornfeldProfessor and Director of the Center forBiomedical Ethics, University ofVirginia, Charlottesville, Virginia, willbe giving a presentation concerning theethical issues associated with theproposed use of in utero gene therapy.

VI. Proposed Discussion Regarding NIHPurview of Human Gene TransferExperiments

In a letter dated November 2, 1995,Ms. Debra Knorr proposed a discussionregarding NIH purview of human genetransfer experiments for the December4–5, 1995, Recombinant DNA AdvisoryCommittee meeting. Analysis of humangene transfer oversight will be discussedin the context of the following:

1. The September 8, 1995,recommendations of the NIH RAC AdHoc Review Committee—Inder Verma,Ph.D., Chair;

2. Data Management—maintainingpublic accountability relevant to humangene transfer experiments; and

3. Factors to consider inimplementation of streamlined reviewprocedures.

The NIH Director defined a number ofissues relevant to the development ofthe field of human gene therapy,including the quality of science, thefiscal resource being devoted to thefield, the role of industry in thedevelopment of clinical trials, and thedisparity between scientificaccomplishments and the publicperceptions of human gene therapy. Asa result, Dr. Varmus established twoseparate ad hoc advisory committees toevaluate the field of human genetherapy research.

The Ad Hoc RAC Review Committee,chaired by Inder Verma, Ph.D., wascharged with providing acomprehensive assessment of past andcurrent RAC activities in an effort todevelop recommendations regarding thefuture role of the RAC relevant tohuman gene transfer experiments. TheSeptember 8, 1995, Ad Hoc RAC ReviewCommittee recommendations areincluded as follows:

‘‘Dr. Harold Varmus, Director,National Institutes of Health, appointedan ad hoc review committee to reviewthe activities of the NIH RecombinantDNA Advisory Committee (RAC). TheDirector asked the committee to providerecommendations about the changingrole of the RAC, the ways it may needto modify its operations, and how itshould function to coordinate andfacilitate productive gene therapyresearch.

‘‘The committee finds that:‘‘1. Gene therapy represents a special

development in medical researchbecause of its potential for modificationof the human genome and for thecreation and dissemination of noveltransmissible pathogenic vectors. Inaddition, there is the possibility ofcontroversial extensions of this work,such as modification of the germline orthe use of gene transfer for enhancementpurposes. Thus gene therapy differs inmajor ways from other clinicaltechnologies in use or underdevelopment and is, therefore,deserving of continued public scrutiny.

‘‘2. The RAC has served—andcontinues to serve—several importantpurposes for the scientific community,patients, and the general public. Inparticular, by focusing its attention onthe emerging field of gene therapyresearch and helping to set appropriatescientific safety and informed consentguidelines for investigators. As a publicforum of discussion, RAC has providedan enormous service not only to thegeneral public, researchers at academicand similar institutions and within thebiotechnology industry, but also toofficials at the Food and DrugAdministration (FDA). In addition, RAC

continues to be a credible forum forairing a wide range of public concernsabout this emerging field of medicalresearch.

‘‘Based on these findings, thecommittee recommends that:

‘‘1. To avoid duplication of effort andunnecessary delay, RAC should nolonger carry out case by case review ofevery clinical gene transfer protocol.This function is carried out by the FDA,which is required by statute to reviewall such protocols before approval.

‘‘2. Review of protocols by the RAC inan open public forum should continuein several areas of concern in which aparticular protocol or new technologyrepresents a significant degree ofdeparture from familiar practices. Suchdepartures include, but are not limitedto, the use of novel vectors, particularlyin cases in which modified humanpathogens (such as herpes viruses orlentiviruses) are being evaluated; genetransfer in utero, potential germ linemodification, and other similarmanipulations; and gene transfer innormal volunteers. In addition, reviewof protocols by the RAC is warranted inother situations which could lead to theformulation of significant new policy.

‘‘3. The RAC should define thecriteria and work out procedures foridentifying specific protocols requiringpublic review.

‘‘4. The RAC should continue toprovide advice on policy mattersrevolving around gene therapy andother recombinant DNA issues to theNIH Director, individual members of theresearch community, institutionalreview boards, and the public.Moreover, that critical function shouldbe extended, enabling RAC explicitly toprovide advice and recommendationson policy matters to FDA. However, thecommittee recommended againstreconstituting RAC or a comparableadvisory body within the FDA, pointingout that several important policyfunctions of RAC are outside themission of that agency.

‘‘5. A mechanism should be devisedto enable ORDA, NIH and the RAC tocontinue to be provided with the dataneeded for monitoring clinical genetransfer protocols. Hence, the committeerecommends that the NIH Director urgethe FDA Commissioner to exempt thebroad area of gene therapy from manyof the proprietary restraints reserved forordinary therapeutic drug products andbiologics that come under FDA review.Such a broad exemption, similar to theone now in place for products beingdeveloped for the treatment ofindividuals infected with HIV, wouldgreatly expedite efforts to monitor andevaluate gene transfer protocols and,


ultimately, would accelerate progress inthe clinical application of genetherapy.’’

The Panel to Assess NIH Investmentin Gene Therapy Research, chaired byStuart J. Orkin, M.D. and Arno G.Motulsky, M.D., is charged withevaluating the current status of NIH-funded (directly and indirectly) genetherapy clinical trials and developingrecommendations regarding future NIHinvestment in gene therapy research.The panel is currently preparing itsrecommendations which will bepresented at the December 1995Director’s Advisory Committee meeting.

NIH invites written comments fromindustry, patient advocacy groups, otherFederal agencies, and other interestedparties.

OMB’s ‘‘Mandatory InformationRequirements for Federal AssistanceProgram Announcements’’ (45 FR39592, June 11, 1980) requires astatement concerning the officialgovernment programs contained in theCatalog of Federal Domestic Assistance.Normally, NIH lists in itsannouncements the number and title ofaffected individual programs for theguidance of the public. Because theguidance in this notice covers not onlyvirtually every NIH program but alsoessentially every Federal researchprogram in which DNA recombinantmolecule techniques could be used, ithas been determined not to be costeffective or in the public interest toattempt to list these programs. Such a

list would likely require severaladditional pages. In addition, NIH couldnot be certain that every Federalprogram would be included as manyFederal agencies, as well as privateorganizations, both national andinternational, have elected to follow theNIH Guidelines. In lieu of theindividual program listing, NIH invitesreaders to direct questions to theinformation address above whetherindividual programs listed in theCatalog of Federal Domestic Assistanceare affected.

Effective Date: November 8, 1995.Lana Skirboll,Associate Director for Science Policy.[FR Doc. 95–28245 Filed 11–14–95; 8:45 am]BILLING CODE 4140–01–M

i

Reader Aids Federal Register

Vol. 60, No. 220


CUSTOMER SERVICE AND INFORMATION

Federal Register/Code of Federal RegulationsGeneral Information, indexes and other finding

aids202–523–5227

Public inspection announcement line 523–5215

LawsPublic Laws Update Services (numbers, dates, etc.) 523–6641For additional information 523–5227

Presidential DocumentsExecutive orders and proclamations 523–5227The United States Government Manual 523–5227

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You may access our Fax-On-Demand service. You only need a faxmachine and there is no charge for the service except for longdistance telephone charges the user may incur. The list ofdocuments on public inspection and the daily Federal Register’stable of contents are available using this service. The documentnumbers are 7050-Public Inspection list and 7051-Table ofContents list. The public inspection list will be updatedimmediately for documents filed on an emergency basis.

NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ONFILE AND NOT THE ACTUAL DOCUMENT. Documents onpublic inspection may be viewed and copied in our office locatedat 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demandtelephone number is: 301–713–6905

FEDERAL REGISTER PAGES AND DATES, NOVEMBER

55423–55650......................... 155651–55776......................... 255777–55988......................... 355989–56114......................... 656115–56222......................... 756223–56502......................... 856503–56930......................... 956931–57144.........................1357145–57312.........................1457313–57532.........................15

CFR PARTS AFFECTED DURING NOVEMBER

At the end of each month, the Office of the Federal Registerpublishes separately a List of CFR Sections Affected (LSA), whichlists parts and sections affected by documents published sincethe revision date of each title.

3 CFRProclamations:6846.................................559876847.................................561136848.................................562216849.................................57311Executive Orders:12170 (See Notice of

October 31, 1995)........5565112938 (See Notice of

November 8,1995) ............................57137

Administrative Orders:Notices:October 31, 1995.............55651November 8, 1995...........57137Presidential Determinations:No. 96–4 of November

1, 1995 .........................56931

5 CFR213...................................55653532.......................55423, 57145Proposed Rules:179...................................56538

7 CFR

2.......................................5639224.....................................56206201...................................57146210...................................57146220...................................57146235...................................57147248...................................57148301.......................55777, 56639322...................................55989401...................................56933406...................................56933443...................................55781915...................................56935927...................................56503932...................................56504944...................................565041030.................................571481065.................................571481068.................................571481076.................................571481079.................................571481131.................................559891464.................................571641755.................................559911767.................................55423Proposed Rules:401...................................56257443...................................56257457...................................56257782...................................57198928...................................56003985...................................571441124.................................565381135.................................565381421.................................55807

8 CFR

3.......................................57313100...................................57165287...................................56936Proposed Rules:292...................................57200292a.................................57200

9 CFR

80.....................................5598994.........................55440, 57313161...................................55443318...................................55962319...................................55962381...................................55962

10 CFR

Proposed Rules:50.....................................5737070.....................................55808

11 CFR

104...................................56506110...................................56506114...................................56506Proposed Rules:9002.................................56268

12 CFR

4.......................................5731510.....................................5731511.....................................5731518.....................................57315707...................................57173Proposed Rules:701...................................55663960...................................55487

13 CFR

122...................................55653Proposed Rules:114...................................55808

14 CFR

25.....................................5622329.....................................5577439 ...........55443, 55781, 55784,

55785, 56115, 56224, 56506,56937, 56939, 56941, 57174,

5733361.....................................5733463.....................................5733465.....................................5733471 ...........55445, 55649, 55655,

55656, 55787, 56508, 56509,57334

97.........................56509, 56944108.......................55656, 57334121.......................57334, 57335135...................................57334Proposed Rules:Ch. I .................................56269

ii Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

23.....................................5549139 ...........55491, 55495, 55496,

55668, 55673, 55680, 55681,55811, 56270, 56271, 56274,

5720171 ...........55498, 55502, 55503,

55813, 55814, 56276, 56277,56539, 56639

15 CFR

801...................................57335Proposed Rules:945...................................56540

16 CFR

259...................................56230305...................................56945435...................................56949

17 CFR

Proposed Rules:36.....................................56093

18 CFR

11.....................................55992Proposed Rules:Ch. I .................................56278284...................................55504

19 CFR

10.....................................5599512.....................................55995102...................................55995111...................................56117178...................................55995

20 CFR

404...................................56511

21 CFR

5.......................................5733773.....................................55446103...................................57076129...................................57076146...................................56513165...................................57076175...................................57338184.......................55788, 57076429...................................56515510...................................55657520...................................55657522...................................55657524...................................55657526...................................55657529...................................55657558...................................55657Proposed Rules:101...................................56541131...................................56541133...................................56541165...................................57132

22 CFR

Proposed Rules:42.....................................56961

23 CFR

Proposed Rules:668...................................56962710...................................56004711...................................56004712...................................56004713...................................56004714...................................56004715...................................56004

716...................................56004717...................................56004718...................................56004719...................................56004720...................................56004721...................................56004722...................................56004723...................................56004724...................................56004725...................................56004726...................................56004727...................................56004728...................................56004729...................................56004730...................................56004731...................................56004732...................................56004733...................................56004734...................................56004735...................................56004736...................................56004737...................................56004738...................................56004739...................................56004740...................................56004

24 CFR29.....................................5748491.....................................56892235...................................56498570...................................56892888...................................55934950...................................57304990...................................57304Proposed Rules:570...................................56104

25 CFRProposed Rules:161...................................55506

26 CFR1.......................................56117

29 CFR102...................................56233452...................................571771952.................................569502619.................................573392676.................................57339Proposed Rules:1910.................................561271915.................................561271926.....................56127, 562792607.................................57372

30 CFR250...................................55683914.......................55649, 56516920...................................56521935...................................56523936...................................56528943...................................56529Proposed Rules:18.....................................5720375.....................................57203202...................................56007206.......................56007, 57204211.......................56007, 56033260...................................57204764...................................55815902...................................56547934...................................56549942...................................55815

31 CFR

1.......................................57315

Proposed Rules:224...................................56551

32 CFR

199...................................55448706.......................56120, 56237Proposed Rules:552...................................55816

33 CFR

100...................................55456165 ..........55456, 57341, 57342402...................................56121Proposed Rules:100...................................55511110...................................56964117...................................55515157...................................55904164...................................55890165...................................56968

34 CFR

370...................................55758Proposed Rules:535...................................56920

36 CFR

Ch. I .................................557891.......................................557897.......................................557899.......................................5578914.....................................5578920.....................................5578964.....................................55789Proposed Rules:7.......................................56034

37 CFR

1.......................................556915.......................................5569110.....................................55691255...................................55458

38 CFR

2.......................................559953...........................55791, 5717821.....................................55995

39 CFR

224...................................57343261...................................57343262...................................57343263...................................57343264...................................57343265...................................57343266...................................57343267...................................57343268...................................57343

40 CFR

51.....................................5717952 ...........55459, 55792, 56238,

56241, 5624470 ...........55460, 57186, 57188,

57346, 57352, 5735781.....................................5579293.....................................57179180.......................57361, 57364264...................................56952265...................................56952271...................................56952300...................................55456766...................................56954799...................................56954Proposed Rules:52 ...........55516, 55820, 56127,

56129, 56279, 5628060.....................................5737363.....................................5613370 ...........55516, 56281, 56285,

5720481.....................................5582086.....................................55521180 ..........57375, 57377, 57379260...................................56468261...................................56468262...................................56468263...................................56468264...................................56468265...................................56468270...................................56468372...................................57382

41 CFR101–41.............................56246201–9...............................55660201–39.............................56248

42 CFRProposed Rules:100...................................56289

43 CFR2800.................................570582810.................................570582880.................................57058Proposed Rules:3170.................................56970Public Land Orders:7170.................................571927171.................................571927172.................................57192

44 CFR65 ...........55467, 55469, 56249,

56251, 5625267.........................55471, 56253Proposed Rules:61.....................................5655267 ............55525, 56300, 56307

46 CFR514...................................56122Proposed Rules:10.....................................5697012.....................................5697015.....................................5697031.....................................5590435.....................................55904

47 CFR0.......................................5599611.....................................5599621.....................................5736563.....................................5719364.....................................5612473 ...........55996, 56000, 56001,

56125, 56255, 56531, 56532,57368

74.....................................57365Proposed Rules:Ch. I .................................5552947.....................................5603473 ...........55476, 55661, 55801,

56310, 55820, 55821, 55822,56553, 56554

74.....................................5547690.....................................5548497.....................................55485100...................................55822

48 CFR1215.................................55801

iiiFederal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / Contents

1252.................................558011253.................................558011815.................................56125Proposed Rules:1.......................................571403.......................................571404.......................................571409.......................................5596013.....................................5714015.....................................5603531.........................56216, 5714052.....................................5714053.....................................57140216...................................56972217...................................56972233...................................56972237...................................56972247...................................56972250...................................56972252...................................569721213.................................558271237.................................558271252.....................55827, 56975

49 CFR

1.......................................56532173...................................56957Proposed Rules:571...................................56554

50 CFR

17.....................................56533371...................................56959638...................................56533641...................................55805672...................................56255675 .........55662, 55805, 55806,

56001Proposed Rules:10.....................................5738613.....................................5738617 ............56976, 57386, 57387

LIST OF PUBLIC LAWS

Note: No public bills whichhave become law werereceived by the Office of theFederal Register for inclusionin today’s List of PublicLaws.Last List November 9, 1995