FR-1996-08-15.pdf - Govinfo.gov

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ThursdayAugust 15, 1996Vol. 61 No. 159

Pages 42371–42528

8–15–96

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Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996

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Contents Federal Register

III

Vol. 61, No. 159

Thursday, August 15, 1996

Agency for Health Care Policy and ResearchNOTICESAgency information collection activities:

Proposed collection; comment request, 42425–42426

Agency for International DevelopmentNOTICESAgency information collection activities:

Proposed collection; comment request, 42442

Agriculture DepartmentSee Food and Consumer ServiceSee Rural Utilities ServiceRULESLicensing Department inventions; CFR part removed, 42371Organization, functions, and authority delegations:

Economics Management Staff; CFR part removed, 42371NOTICESImport quotas and fees:

Sugar, refined, 42416

Alcohol, Tobacco and Firearms BureauPROPOSED RULESAlcohol, tobacco, and other excise taxes:

Alcoholic beverages, denatured alcohol, tobaccoproducts, and cigarette papers and tubes; exportation

Correction, 42462

Army DepartmentNOTICESMeetings:

Science Board, 42418Yakima Training Center Cultural and Natural Resources

Committee, 42418

Centers for Disease Control and PreventionNOTICESDiseases transmitted through food supply; annual update,

42426

Coast GuardRULESPollution:

Facilities transferring oil or hazardous materials in bulkCorrection, 42462

Commerce DepartmentSee International Trade AdministrationSee National Oceanic and Atmospheric Administration

Defense DepartmentSee Army DepartmentNOTICESMeetings:

Nuclear Weapons Surety Joint Advisory Committee,42417–42418

Employment and Training AdministrationNOTICESAgency information collection activities:

Proposed collection; comment request, 42442–42444

Job Training Partnership Act:Allotments and final planning estimates (1996 PY),

42444–42447

Energy DepartmentSee Federal Energy Regulatory Commission

Environmental Protection AgencyPROPOSED RULESSuperfund program:

National oil and hazardous substances contingencyplan—

National priorities list update, 42402–42407

Executive Office of the PresidentSee Presidential Documents

Federal Aviation AdministrationPROPOSED RULESClass E airspace, 42396–42398

Federal Communications CommissionRULESCommon carrier services:

Terminal equipment, connection to basic rate accessservice and public switched digital service, 42386–42394

Radio stations; table of assignments:Colorado et al., 42394North Carolina, 42394

PROPOSED RULESRadio stations; table of assignments:

Louisiana, 42412Mississippi, 42413Mississippi et al., 42412

Federal Election CommissionRULESReports by political committees:

Electronic filing system; campaign finance activityreports; transmittal to Congress, 42371–42376

NOTICESMeetings; Sunshine Act, 42423–42424

Federal Energy Regulatory CommissionNOTICESElectric rate and corporate regulation filings:

Power Providers, Inc., et al., 42419–42422Environmental statements; availability, etc.:

Columbia Gas Transmission Corp., 42422–42423Grand River Dam Authority, 42423

Hydroelectric applications, 42423Applications, hearings, determinations, etc.:

Colorado Interstate Gas Co., 42418National Fuel Gas Supply Corp., 42418Progress Power Marketing, Inc., 42418–42419Tennessee Gas Pipeline Co., 42419Trunkline Gas Co., 42419

Federal Maritime CommissionNOTICESCasualty and nonperformance certificates:

Princess Cruises, Inc., et al., 42424

IV Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Contents

Investigations, hearings, petitions, etc.:U.S.-foreign trades; possible rate malpractices, 42424

Fish and Wildlife ServiceRULESMigratory bird hunting:

Bismuth-tin shot as nontoxic for waterfowl and coothunting during 1996-97 hunting season; conditionalapproval, 42492–42494

PROPOSED RULESMigratory bird hunting:

Annual hunting regulations; and late season migratorybird hunting, 42506–42523

Annual hunting regulations; and special youth waterfowlhunting day establishment, 42500–42503

Bismuth-tin shot as nontoxic for waterfowl and coothunting; approval, 42495–42497

NOTICESEnvironmental statements; availability, etc.:

Incidental take permits—Riverside County, TX; California gnatcatcher, 42439–

42440

Food and Consumer ServicePROPOSED RULESChild nutrition programs:

National school lunch, school breakfast, child and adultcare food, and summer food service programs—

Meat alternate protein products; requirementsmodifications, 42396

Food and Drug AdministrationRULESAnimal drugs, feeds, and related products:

New drug applications—Florfenicol solution, 42383

Food additives:Adhesive coatings and components—

Dimethyl 1,4-cyclohexanedicarboxylate, 42378–42379Adjuvants, production aids, and sanitizers—

Formaldehyde, polymer with 1-naphthylenol;correction, 42381

Polymers—Polyaryletherketone resins, 42379–42381

Food for human consumption:Irradiation in production, processing, and handling of

food, 42381–42383PROPOSED RULESHuman drugs:

Sunscreens; photochemistry and photobiology; meeting,42398–42401

NOTICESGrants and cooperative agreements; availability, etc.:

Streamlined noncompeting award process (SNAP);implementation, 42427–42428

Human drugs:Drug products discontinued from sale for reasons other

than safety or effectiveness—Selegiline hydrochloride 5-milligram tablet, 42428

Medical devices; premarket approval:SVS Apex Excimer Laser System, 42429

General Services AdministrationRULESAcquisition regulations:

Competition requirements; FAC 90-39 implementationand miscellaneous changes

Correction, 42462

NOTICESEnvironmental statements; availability, etc.:

Atlanta, GA; Centers for Disease Control and Prevention;Clifton Road campus annex, 42424–42425

San Diego, CA; Veterans Affairs Department leasingaction, 42425

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 Health Resources and Services AdministrationSee National Institutes of HealthSee Public Health Service

Health Care Financing AdministrationRULESMedicare:

Physician fee schedule (1996 CY); payment policies andrelative value unit adjustments

Correction, 42385Medicare and Medicaid:

Providers and suppliers appeals; technical amendmentsCorrection, 42385–42386

Health Resources and Services AdministrationNOTICESMeetings; advisory committees:

September, 42429

Housing and Urban Development DepartmentNOTICESHUD-owned properties:

Sale of HUD-held single family mortgages; bid packagesavailability, 42435–42436

Mortgagee Review board; administrative actions, 42436–42439

Interior DepartmentSee Fish and Wildlife ServiceSee Land Management Bureau

Internal Revenue ServicePROPOSED RULESIncome taxes, etc.:

Tax withholding on certain U.S. source income paid toforeign persons and related collection, refunds, andcredits, etc.

Correction, 42401–42402

International Development Cooperation AgencySee Agency for International Development

International Trade AdministrationNOTICESAntidumping and countervailing duties:

Administrative review requests, 42416–42417

Labor DepartmentSee Employment and Training Administration

Land Management BureauPROPOSED RULESMinerals management:

Mining claims; patenting information disclosure;rulemaking petition, 42407–42412

VFederal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Contents

NOTICESMeetings:

Resource advisory councils—Mojave-Southern Great Basin, 42441New Mexico, 42440–42441

Realty actions; sales, leases, etc.:Wisconsin, 42441

Survey plat filings:California, 42441–42442Idaho, 42442

National Aeronautics and Space AdministrationRULESAcquisition regulations:

Japanese products and services, 42394–42395

National Institutes of HealthNOTICESMeetings:

National Center for Research Resources, 42429–42430National Heart, Lung, and Blood Institute, 42430National Institute of Arthritis and Musculoskeletal and

Skin Diseases, 42431National Institute of Mental Health, 42430–42432National Institute on Aging, 42432National Institute on Alcohol Abuse and Alcoholism,

42431, 42431–42432Research Grants Division special emphasis panels,

42432–42433

National Oceanic and Atmospheric AdministrationPROPOSED RULESFishery conservation and management:

Gulf of Mexico reef fish, 42413–42415

Nuclear Regulatory CommissionNOTICESEnvironmental statements; availability, etc.:

Wisconsin Public Service Corp. et al., 42447–42448Regulatory guides; issuance, availability, and withdrawal,

42448Applications, hearings, determinations, etc.:

Carolina Power & Light Co., 42447

Pension Benefit Guaranty CorporationRULESSingle-employer plans:

Valuation of plan benefits—Interest rates and factors, 42384–42385

NOTICESMultiemployer plans:

Variable-rate premiums and benefits following masswithdrawal; interest assumptions, 42448–42449

Postal Rate CommissionNOTICESDomestic mail classification schedule:

Special services fees and classifications, 42449–42452

Postal ServiceRULESDomestic Mail Manual:

Mail classification reform; implementation standards,42478–42489

NOTICESDomestic mail classification and rates, 42464–42476

Presidential DocumentsADMINISTRATIVE ORDERSExport control regulations; continuation of national

emergency (Notice of August 14, 1996), 42527

Public Health ServiceSee Agency for Health Care Policy and ResearchSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Health Resources and Services AdministrationSee National Institutes of HealthNOTICESOrganization, functions, and authority delegations:

National Institutes of Health, 42433–42435

Railroad Retirement BoardRULESRailroad Unemployment Insurance Act:

Representative payee program administration, 42377–42378

Rural Utilities ServiceRULESRural development:

Distance learning and telemedicine grant programCorrection, 42462

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

Chicago Board Options Exchange, Inc., 42455–42457National Securities Clearing Corp., 42457–42458Pacific Stock Exchange, Inc., 42458–42460

Applications, hearings, determinations, etc.:Accessor Funds, Inc., et al., 42452–42453Baird Blue Chip Fund, Inc., 42453–42454Public utility holding company filings, 42454–42455

Small Business AdministrationRULESSmall business size standards;

Nonmanufacturer rule; waivers—Metal bars and rods, 42376–42377

Surface Transportation BoardNOTICESRailroad operation, acquisition, construction, etc.:

Norfolk & Western Railway Co., 42460

Transportation DepartmentSee Coast GuardSee Federal Aviation AdministrationSee Surface Transportation Board

Treasury DepartmentSee Alcohol, Tobacco and Firearms BureauSee Internal Revenue Service

United States Institute of PeaceNOTICESGrants and cooperative agreements; availability, etc.:

Peaceful resolution of international conflict; seniorfellowships, 42461

VI Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Contents

Separate Parts In This Issue

Part IIPostal Service, 42464–42476

Part IIIPostal Service, 42478–42489

Part IVDepartment of the Interior, Fish and Wildlife Service,

42492–42497

Part VDepartment of the Interior, Fish and Wildlife Service,

42500–42503

Part VIDepartment of the Interior, Fish and Wildlife Service,

42506–42523

Part VIIThe President, 42527

Reader AidsAdditional information, including a list of public laws,telephone numbers, reminders, and finding aids, appears inthe Reader Aids 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.

VIIFederal Register / Vol. 61, No. 59 / Thursday, August 15, 1996 / Contents

3 CFRAdministrative Order:Notices A7 CFR19.....................................423711703.................................424624000.................................42371Proposed Rules:210...................................42396220...................................42396225...................................42396226...................................4239611 CFR104...................................4237113 CFR121...................................4237614 CFR71 (2 documents) ............42396

4239720 CFR348...................................4237721 CFR175...................................42378177...................................42379178...................................42381179...................................42381522...................................42383556...................................42383Proposed Rules:352...................................4239826 CFRProposed Rules:1.......................................4240131.....................................4240135a...................................42401301...................................42401502...................................42401503...................................42401509...................................42401513...................................42401514...................................42401516...................................42401517...................................42401517...................................42401520...................................42401521...................................4240127 CFRProposed Rules:252...................................42462290...................................4246229 CFR4044.................................4238433 CFR154...................................4246239 CFR111...................................4247840 CFRProposed Rules:300 (2 documents) ..........42402

4240442 CFR415...................................42385417...................................42385473...................................42385498...................................4238543 CFRProposed Rules:3860.................................4240747 CFR2.......................................42386

68.....................................4238673 (2 documents) ............42394Proposed Rules:73 (3 documents) ............42412

42413

48 CFR552...................................424621825.................................42394

50 CFR20.....................................42492Proposed Rules:20 (3 documents) ............42495

42500, 42506622...................................42413

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

42371

Vol. 61, No. 159


DEPARTMENT OF AGRICULTURE

7 CFR Part 19

Licensing Department Inventions

AGENCY: Agricultural Research Service,USDA.ACTION: Final rule.

SUMMARY: This action is being taken aspart of the National Performance Reviewprogram to eliminate unnecessaryregulations and improve those thatremain. This final rule removes obsoleteregulations pertaining to licensingdepartmental inventions. USDAregulations have been superseded byDepartment of Commerce regulationsgoverning the licensing of Government-owned inventions.EFFECTIVE DATE: August 15, 1996.FOR FURTHER INFORMATION CONTACT:Richard M. Parry, Jr., AssistantAdministrator, Agricultural ResearchService, USDA, Room 358–A, Jamie L.Whitten Federal Building, 1400Independence Avenue, S.W.,Washington, DC 20250, (202) 720–3973.SUPPLEMENTARY INFORMATION: 7 CFR Part19 was issued in 1970 pursuant to theauthority of the Secretary under 5 U.S.C.301 and the President’s Memorandum ofOctober 10, 1963, and Statement ofGovernment Patent Policy, 28 FR 10943.The enactment of a Governmentwideregulation in 1987, 37 CFR 404, underthe authority of 35 U.S.C. 206,superseded 7 CFR Part 19. Therefore,pursuant to 5 U.S.C. 553, good cause isfound that notice of proposedrulemaking and opportunity forcomment are not required, and goodcause is found for making this ruleeffective less than 30 days afterpublication in the Federal Register.This rule has been determined to be notsignificant for the purpose of ExecutiveOrder 12866 and, therefore, has notbeen reviewed by the Office ofManagement and Budget. Also, this rule

will not cause a significant economicimpact or other substantial effect onsmall entities and, therefore, theprovisions of the Regulatory FlexibilityAct, 5 U.S.C. et seq., do not apply.Requests for information relating tolicensing departmental inventions maybe obtained through the ARS AssistantAdministrator pursuant to 7 CFR Part3700.

List of Subjects in 7 CFR Part 19Inventions and patents.

PART 19—[REMOVED ANDRESERVED]

Accordingly, 7 CFR Part 19 isremoved and reserved.

Authority: 5 U.S.C. 301Done at Washington, DC, this 12th day of

August 1996.Floyd P. Horn,Administrator, Agricultural Research Service.[FR Doc. 96–20884 Filed 8–14–96; 8:45 am]BILLING CODE 3410–03–M

7 CFR Part 4000

Organization and Functions

AGENCY: Economics Management Staff,USDA.ACTION: Final rule.

SUMMARY: This final rule removesobsolete regulations pertaining to theorganization and function of theEconomics Management Staff (EMS) toreflect an internal reorganization of theDepartment of Agriculture (USDA).EFFECTIVE DATE: August 15 1996.FOR FURTHER INFORMATION CONTACT:Jane L. Giles, Deputy Administrator,Agricultural Research Service, USDA,Room 324–A, Jamie L. Whitten FederalBuilding 1400 Independence Avenue,SW., Washington, DC 20250, (202) 690–2575.SUPPLEMENTARY INFORMATION: TheFreedom of Information Act, 5 U.S.C.552(a)(1), requires Federal agencies topublish in the Federal Registerdescriptions of its central and fieldorganizations. 7 CFR Part 4000 set forththe organization and functions of theEMS. It was issued pursuant to theauthority formerly delegated to EMS in7 CFR 2.87. Pursuant to the internalreorganization of USDA, EMS has beenintegrated into the AgriculturalResearch Service (ARS). This document

removes 7 CFR Part 4000. Requests forinformation relating to functionsformerly performed by EMS may beobtained through the ARS DeputyAdministrator pursuant to 7 CFR Part3700. Pursuant to 5 U.S.C. 553, sincethis rule relates to internal agencymanagement, notice of proposedrulemaking and opportunity forcomment are not required, and this rulemay be made effective less than 30 daysafter publication in the FederalRegister. Further, because it relates tointernal agency management, it isexempt from the provisions of ExecutiveOrders 12988 and 12866. In addition,this rule will not cause a significanteconomic impact or other substantialeffect on small entities. Therefore, therequirements of the RegulatoryFlexibility Act, 5 U.S.C. 602, do notapply.

List of Subjects in 7 CFR Part 4000

Organization and functions,(Government agencies).

PART 4000—[REMOVED ANDRESERVED]

Accordingly, 7 CFR Part 4000 isremoved and reserved.

Authority: 5 U.S.C. 301 and 552.Done at Washington, DC, this 12th day of

August 1996.Floyd P. Horn,Administrator, Agricultural Research Service.[FR Doc. 96–20883 Filed 8–14–96; 8:45 am]BILLING CODE 3410–03–M

FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 1996–16]

Electronic Filing of Reports by PoliticalCommittees

AGENCY: Federal Election Commission.ACTION: Final rules; transmittal ofregulations to Congress.

SUMMARY: The Federal ElectionCommission is implementing anelectronic filing system for reports ofcampaign finance activity filed with theagency. The Commission is publishingnew rules today as part of the processof implementing this system. The newrules establish general requirements for

42372 Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Rules and Regulations

filing reports electronically; specify theformat for data to be submitted by filers;set up procedures for submittingamendments to reports; and explainmethods of complying with thesignature requirements of the law.Further information is provided in thesupplementary information that follows.EFFECTIVE DATE: Further action,including the announcement of aneffective date, will be taken after theseregulations have been before Congressfor 30 legislative days pursuant to 2U.S.C. 438(d). A document announcingthe effective date will be published inthe Federal Register.FOR FURTHER INFORMATION CONTACT: Ms.Susan E. Propper, Assistant GeneralCounsel, or Paul Sanford, StaffAttorney, 999 E Street, NW.,Washington, DC 20463, (202) 219–3690or (800) 424–9530.SUPPLEMENTARY INFORMATION: TheCommission is today publishing thefinal text of new regulations to be addedto 11 CFR Part 104 regarding theelectronic filing of reports by politicalcommittees. These rules implementprovisions of Public Law 104–79, whichamended the Federal Election CampaignAct of 1971, 2 U.S.C. 431 et seq. [‘‘theAct’’], to require, inter alia, that theCommission create a system to ‘‘permitreports required by this Act to be filedand preserved by means of computerdisk or any other electronic format ormethod, as determined by theCommission.’’ Federal ElectionCampaign Act of 1971, Amendment,Pub. L. No. 104–79, section 1(a), 109Stat. 791 (December 28, 1995). The finalrules announced today set out therequirements and procedures for filingreports electronically.

The electronic filing system isintended to reduce paper filing andmanual processing of reports, resultingin more efficient and cost-effectivemethods of operation for filers and forthe Commission. The system will alsoprovide the public with more completeon-line access to reports on file with theCommission, thereby furthering thedisclosure purposes of the Act. PublicLaw 104–79 requires the Commission tomake this filing method available forreports covering periods after December31, 1996. Thus, the new system will bein place for the first reports filed in the1998 election cycle.

Public Law 104–79 requires theCommission to make the electronicfiling option available for all ‘‘report[s],designation[s], or statement[s] requiredby this Act to be filed with theCommission.’’ Previously, this wouldnot have included reports filed by theauthorized committees of candidates for

the House of Representatives, as thesecommittees filed their reports with theClerk of the House. However, section 3of Public Law 104–79 amended 2 U.S.C.432(g) to require the authorizedcommittees of House candidates to filetheir reports with the Commission.Consequently, these committees, as wellas those that have historically filed withthe Commission, will have theopportunity to file electronically underthe new system. Committees that arerequired to file reports with theSecretary of the Senate will not becovered by the new rules.

While the Commission encouragespolitical committees and other personsto file their reports electronically, doingso is not required. Under Public Law104–79, participation in theCommission’s electronic filing programis voluntary. Therefore, filers have theoption of continuing to submit paperreports as they have in the past.

Section 438(d) of Title 2, UnitedStates Code requires that any rules orregulations prescribed by theCommission to carry out the provisionsof Title 2 of the United States Code betransmitted to the Speaker of the Houseof Representatives and the President ofthe Senate 30 legislative days beforethey are finally promulgated. Theseregulations were transmitted toCongress on August 9, 1996.

Explanation and Justification for 11CFR 104.18

The Commission initiated thisrulemaking with a Notice of ProposedRulemaking [‘‘NPRM’’] published in theFederal Register on March 27, 1996. 61FR 13465 (March 27, 1996). The NPRMcontained proposed rules coveringgeneral filing requirements, the formatfor electronic reports, report validationprocedures, amendments toelectronically filed reports, signaturerequirements, and the preservation ofreports filed electronically. The NPRMsought comments on the proposed rulesand on other issues from varioussegments of the regulated community,including (1) committees that will beaffected by the new rules; (2) vendorswith knowledge of the software issuesinvolved in implementing such asystem; and (3) state and localjurisdictions that have experience withelectronic filing. The Commissionreceived ten comments in response tothe NPRM. Several commenters offeredgeneral observations about the featuresthat an electronic filing system shouldinclude. Other commenters offeredspecific comments on the proposedrules set out in the notice. The InternalRevenue Service submitted a commentin which it said that the proposed rules

are not inconsistent with IRSregulations or the Internal RevenueCode. The comments received providedvaluable information that serves as thebasis for the final rules published today.

General Comments About SystemFeatures

Some commenters offered generalcomments about the features that shouldbe incorporated into the electronic filingsystem. One commenter urged theCommission to make the software forthe system as user friendly as possible,in order to make filing FEC reportseasier, and also urged the Commissionto make the software available free ofcharge through its World Wide Web site.This commenter said that filers shouldbe required to include the FECidentification number of the candidatesand PACs listed on their reports in orderto ensure accurate incorporation of thereports into the Commission’s data base,and suggested that pop-up menus couldbe incorporated into the software thatwould allow filers to select this andother information from a master list.

Similarly, this commenter along withone other commenter, urged theCommission to establish a standardizedlist of codes for reported disbursements.This proposal was set out in thenarrative portion of the NPRM.However, the commenter said filersshould be able to include a writtenelaboration. This commenter also saidthat any software made available by theCommission should not include anycampaign management features, sincethese features would suggest assistanceto candidates and would presentpractical problems.

Another commenter said thatencryption capabilities should beincorporated into the electronic filingsoftware, since this would serve thedual purposes of compressing files andproviding security in the reporting.

The Commission shares thecommenter’s view that the electronicfiling system must be as easy to use aspossible, and intends to make anysoftware that it creates available free ofcharge through the Internet and otherelectronic means. Initially, this will belimited to the validation software thatfilers will use to validate their reportsbefore submitting them to theCommission on diskette. Additionalsoftware, such as encryption software,will be made available after initialimplementation, as the Commissionmoves towards filing bytelecommunications. The Commissionwill also make a list of the identificationnumbers of all registered candidates andcommittees available on the Internet forcommittees to download and

42373Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Rules and Regulations

incorporate into their reports.Committees can access this list throughthe Commission’s home page atwww.fec.gov.

General RuleParagraph (a) of the proposed rules set

out the general rule that politicalcommittees who file reports with theCommission may choose to file theirreports in an electronic format thatmeets the requirements of the section.Paragraph (a) also states that committeesthat choose to file electronically andwhose reports satisfy the validationprogram described in paragraph (c),below, must continue to fileelectronically all reports coveringfinancial activity for that calendar year.The Commission sought comment onwhether the rules should distinguishbetween committees that begin filingelectronically but later encounterproblems and are unable to do so fromthose who simply decide to discontinuefiling electronic reports.

The Commission received nocomments on the general rule or on theone year continuation requirement.Generally, the final rule tracks theproposed rule. Requiring committeesthat begin to file reports electronicallyto continue to do so for the rest of theyear will enable the Commission tomore efficiently process the committee’sreports and place them on the publicrecord. However, the rule now containsan exception that waives thisrequirement if the Commissiondetermines that extraordinary andunforeseeable circumstances have madeit impracticable for the committee tocontinue filing electronically. In orderto obtain a waiver, a committee mustsubmit a written request to theCommission’s Data SystemsDevelopment Division explaining thecircumstances that make continuedelectronic filing impracticable. The DataDivision will review these requests andmake a determination as to whether thecommittee may revert to paper filing.Generally, waivers will only be grantedif circumstances such as destruction ofthe committee’s computer equipmentmake continued electronic filingtechnologically impossible. Committeesthat revert to paper filing will berequired to report on paper for theremainder of the calendar year.

Standard formatUnder paragraph (b) of the proposed

rules, reports filed electronically mustconform to the technical specifications,including file requirements, describedin the Commission’s Electronic FilingSpecification Requirements [‘‘EFSR’’],and must be organized in the order

specified in those requirements. Thenarrative portion of the NPRM indicatedthat the Commission would developthese requirements in a parallel processto the Electronic Filing rulemaking, andwould make the requirements availableto the public during the developmentprocess. The notice invited interestedpersons to comment on therequirements as they were beingdeveloped.

The draft electronic filingspecification requirements were madeavailable for comment on May 31, 1996.Several comments were submitted onthe draft requirements. The Commissionexpects to issue a final version of theEFSR during mid-August, 1996.

A few commenters addressed theissue of standardized formatspecifications in their comments on theNPRM. Two commenters expressedsupport for the Commission’s plans todevelop a standard format. One of thesecommenters suggested that theCommission use the same fieldstructures and lengths as those in theComputerized Magnetic MediaRequirements [‘‘CMMR’’] currently usedby publicly financed presidentialcampaigns. The other commenter saidthe need to develop a standard formatfor electronically filed reports wasobvious, but said that the format shouldnot be so technical that users are unableto generate properly formatted reportsthemselves.

The format required for electronicallyfiled reports will be relatively simple,and users should be able to easilygenerate properly formatted reportsusing the EFSR documentation. TheCommission has used the CMMR as amodel for the EFSR, and incorporatedsimilar field structures and lengthswhere appropriate. However, the EFSRwill differ in many significant respects,because the CMMR was designed tofacilitate the matching fund submissionprocess for presidential primarycandidates, whereas the EFSR mustserve the broader purposes of reportingunder Part 104 of the regulations. Thus,while the EFSR will share some of thecharacteristics of the CMMR, the EFSRwill include specifications for the fullrange of activities that are reportableunder section 434 of the Act and Part104 of the regulations.

In contrast to the two commentsdescribed above, a third commentersuggested an entirely different approachfor filing reports electronically. Thiscommenter said that filers shouldsimply scan the Commission’s formsinto their databases, complete the forms,and submit them to the Commission byelectronic mail. Or, as an alternative to

scanning, the Commission should makethe forms available on a diskette for $25.

Accepting scanned forms aselectronically filed reports wouldcomplicate the electronic filing process,because scanned forms would be moredifficult to directly integrate into theCommission’s disclosure data base.Direct integration will be achieved mostefficiently if reports are made up of aseries of fields of ASCII characters.Scanned forms are digitized images,rather than fields of ASCII characters.Since direct integration is one of themain goals of electronic filing, theCommission has decided not to acceptscanned images as electronically filedreports.

Acceptance of Reports FiledElectronically

1. Validation checks. Under paragraph(c) of the proposed rules, committeessubmitting reports electronically wouldbe required to check each report againstthe Commission’s validation softwarebefore it is submitted, to ensure that itmeets the standard format specificationrequirements. Paragraph (c)(1) alsoindicated that electronically filedreports would be checked again whenthey are received by the Commission.The Commission would not acceptreports that do not pass the validationprogram, and would notify a committeeif its reports are rejected.

One commenter suggested that,instead of supplying validationsoftware, the Commission certify acommercial disclosure softwarepackage. This, the commenter said,would allow filers to bypass the processof validating each submission.

The Commission is unable to adoptthis commenter’s suggestion. Thevalidation software will ensure thatelectronic reports submitted to theCommission conform to the electronicfiling specification requirements andcan be integrated into the Commission’sdisclosure data base. The Commission ismaking the validation software availableto committees so that reports can bechecked before they are submitted. Thiswill allow filers to remedy filingproblems before sending their reports tothe Commission. Although commercialsoftware packages may become availablethat will perform this function, theCommission is reluctant to treat any ofthese packages as a substitute for thevalidation software, because doing sowould require ongoing oversight ofthese software packages to ensurecontinued compliance with the EFSR.The Commission is unwilling andunable to perform this oversight.Therefore, the Commission will not


recognize commercial software as asubstitute for the validation process.

Another commenter suggested thatthe Commission develop what thecommenter described as ‘‘pre-auditing’’software that would automaticallyreview reports before they are submittedin order to ensure that the reports arecomplete and correct to the greatestextent possible. The commenter saidthat this software should check for matherrors, look for inconsistencies betweenthe summary page and the detailedreporting pages, and notify the filer ifmandatory fields have been left blank,contributions have been listed thatexceed the applicable limits, or data hasbeen included that is outside thereporting period range.

The validation software filers will berequired to use in 1997 will performsome of these functions. Specifically,this software will ensure that allrequired information is included in thereport, and will also examine the reportfor inconsistencies between thesummary pages and detailed reportingpages. The Commission’s current plansare to incorporate other pre-auditingfunctions, such as checking for matherrors, etc., into the more sophisticatedvalidation software that will be madeavailable for the next phase of theprogram in 1998. This may furtherincrease the accuracy of electronicallyfiled reports as the Commission movestowards submission bytelecommunications and directintegration into the disclosure data base.

2. Methods of transmission. Thenarrative portion of the NPRMexplained that the Commission initiallyintends to accept reports only on floppydisk. However, the Commission willbegin accepting reports submittedthrough telecommunications as soon aspracticable. One commenter urged theCommission to begin accepting reportssubmitted by electronic mail right away.However, another commenter said thatthere are space limitations on electronicmail that preclude it from serving thispurpose, and that it is not reliableenough to serve as a filing medium.

The Commission continues to believethat a gradual implementation of theelectronic filing program will minimizethe transitional difficulties and will bemore likely to lead to a viable electronicfiling system. Accepting reports byelectronic mail would raise securityissues that the Commission wouldrather address during the second phaseof the electronic filing program.Therefore, the Commission has decidedto adhere to its plan to initially acceptelectronic reports only on floppy disk.The Commission will move toward

accepting reports throughtelecommunications as soon as possible.

Amended ReportsParagraph (d) of the proposed rules

would require that amendments toelectronically filed reports be filedelectronically. This provision wouldalso require that amendments consist ofa complete version of the report asamended, rather than just those portionsof the report that have been revised. Inthe narrative portion of the NPRM, theCommission recognized that requiringsubmission of a complete version of theamended report has one drawback inthat the complete version will notimmediately indicate which aspects ofthe earlier report had changed. Thus,persons reviewing the report will havedifficulty identifying new information.The Commission specifically soughtcomment on whether another approachwould be preferable.

All three commenters that addressedthis issue supported the approach setout in the proposed rule. Onecommenter suggested that theCommission require filers to flag revisedinformation in the amended report sothat persons reviewing the report will beable to readily determine whichportions have been changed. Anothercommenter said that information thathas been amended should behighlighted in the Commission’s database. This would be achieved byreplacing the amended field in theoriginal report with the identificationnumber of the amended reportcontaining the superseding information.This commenter also suggested that theCommission produce a cumulativeelectronic list of amended items.

The final rule tracks the proposed rulein that it requires filers to submit acomplete version of the report asamended, rather than just those portionsof the report that are being amended.However, the final rule also adopts thecommenter’s suggestion in that itrequires filers to include electronic flagsor markings in their amended reportsthat point to the portions of the reportthat are being amended. These flags willbe incorporated into the Commission’sdisclosure process so that personsreviewing the committee’s reports willknow which portions have been revised.

Signature Requirements1. Committee signatures. Paragraph (e)

of the proposed rules would require thecommittee treasurer or other personresponsible for filing the committee’sreport to verify the report either bysubmitting a signed paper certificationwith the computerized magnetic media,or by submitting a digitized copy of the

signed certification as a separate file inthe electronic submission. Thisprovision would also require the personsigning the report to certify that, to thebest of the signatory’s knowledge, thereport is true, correct and complete.These verifications would be treated thesame as verification by signature on apaper report. When the Commissionbegins to accept reports bytelecommunications, it may provideother methods for verification, such asproviding an encryption key to thecommittee treasurer or allowingsimultaneous mailing of the signaturepage. The Commission sought commenton these proposals, and invitedcommenters to suggest other ways forcomplying with the signaturerequirement.

One commenter said the Commissionshould be responsible for comparingelectronically submitted signatures withsignatures already on file. If thesignatures look correct, they should betreated as valid, with the burden ofproving otherwise on the personalleging the signature is not genuine.

Comments submitted by the NewYork City Campaign Finance Boardindicate that the Board requirescandidates who file on disk to submit apaper control page that lists theschedule totals, file creation dates, andcontains the committee treasurer’soriginal signature. Under the systemused by New York City, these pagescannot be created until all report datahas been entered and submission diskshave been created.

As explained above, theCommission’s validation program willensure that electronically filed reportscontain all of the necessary information.However, Congress has specificallydirected the Commission to ‘‘provide forone or more methods (other thanrequiring a signature on the report beingfiled) for verifying reports filed bymeans of computer disk or otherelectronic format or method.’’ 2 U.S.C.434(a)(11)(B), as added by Pub. L. No.104–79, section 1(a), 109 Stat. 791(1995). Thus, the Commission is unableto require submission of a signaturepage. For these reasons, the Commissionhas structured this program so that filerswill include all of the requiredinformation within the electronic datasubmitted. With a few exceptions, nopaper submissions will be required. Theexceptions will be explained furtherbelow.

With regard to encryption, anothercommenter expressed the view thatimplementing a program such as ‘‘PGP’’or ‘‘Pretty Good Privacy’’ to provide adigital signature would be nearlyimpossible because of the


administrative difficulties of issuing andreceiving the necessary keys. Thiscommenter suggested that it would bebetter to achieve security by issuing aPIN-like password to each filer byregular mail. This commenter alsorecommended implementation of across-checking program under whicheach filer would submit a signed papersummary page for each report. Theamounts listed on the summary pagecould then be compared to the moredetailed portions of the electronicallysubmitted reports to provide anadditional level of security andassurance.

The Commission’s validation softwarewill compare a report’s summary pagewith its detailed summary page toensure that they are consistent, therebyproviding an additional level ofsecurity. However, the Commission hasnot addressed the encryption issue inthis set of final rules. The Commissionexpects to incorporate a moresophisticated security system into theelectronic filing program when it movescloser to accepting reports throughtelecommunications.

2. Signatures of third parties. TheNPRM also noted that certain forms andschedules required by the Act andregulations must be submitted with thesignatures of third parties. For example,Schedule E and Form 5, which are usedto report independent expenditures,must be notarized. Paragraph (f) of theproposed rules contains a list of theschedules, materials and forms thathave special signature requirements.Under this provision, electronic filersthat are required to submit these itemscould do so by submitting a paper copyof the item with their electronic report,or by including a digitized version ofthe item as a separate file in theelectronic submission. This would be inaddition to the general requirement thatthe data contained on the form orschedule be included in the electronicreport. The Commission received nocomments on this requirement.

The final rule tracks the proposedrule. Filers have the option ofsubmitting paper copies or a digitizedimage as part of their electronic report.

Preservation of ReportsSection 104.14(b)(2) of the

Commission’s current regulationsrequires committee treasurers to retaincopies of all reports or statementssubmitted for a period of three yearsafter they are filed. Paragraph (g) of theproposed rules would requirecommittee treasurers to retain machinereadable copies of all reports filedelectronically as the copy preservedunder this section. Paragraph (g) would

also require a treasurer to retain theoriginal signed version of anydocuments submitted in a digitizedformat under paragraphs (e) or (f), asexplained above.

One commenter argued that PACsshould be permitted to retain filesexclusively on diskette, and said thatkeeping a hard copy is redundant andself-defeating.

A file of a report retained on adiskette would be considered a machinereadable copy of that report under thefinal rules. Thus, a committee couldretain its reports almost exclusively ondiskette. However, if a committeesubmits a digitized image of thesignature page of a report, schedule orother document to the Commission, inlieu of submitting the signed paperoriginal, the committee must retain thesigned original signature page for threeyears after the report is filed. Thus, incertain situations, committees will berequired to maintain paper copies ofportions of some reports.

Additional Issues

The Notice of Proposed Rulemakingsought additional information andcomment from the regulated communityon other subjects related to theelectronic filing program. Specifically,the NPRM invited commenters todescribe their current computercapabilities and indicate what kind ofrecords they are currently maintainingelectronically. The NPRM also askedcommenters to indicate whether theyintend to file their reportselectronically, and to describe how theyexpect to benefit from the electronicfiling program. Commenters were alsoasked to describe the technical andprocedural problems they perceive withthe system, and provide suggestions onhow these problems might be averted.

Several commenters addressed theseissues. Two commenters indicated theyhave PC-based systems and use softwaresuch as Microsoft Office, MicrosoftExcel, WordPerfect, and Lotus 123.These commenters intend to file theirreports electronically once the programhas been implemented. In contrast, onesoftware vendor said that the programwould not save its clients any time ormoney. Thus, they would not benefitfrom participating in the program.

The two commenters who intend toparticipate in the program said theyexpect it to make the filing process moreefficient by reducing the duplication ofefforts in keeping records andsubmitting reports to the Commission.They hope the program will save stafftime and reduce the anxiety of timelyfiling.

With regard to potential problems,one of these commenters expressedconcern that the continued requirementthat forms be submitted to state officeswould dilute the benefits of theelectronic filing system. See 2 U.S.C.439, 11 CFR Part 108. This commenteralso cited the delay in the availability ofelectronic filing as a source offrustration. Another commenterexpressed concern about whether itscurrent equipment would be compatiblewith the system, and whether thecommittee would incur significant setupcosts in preparing for electronic filing.This commenter also asked whethertechnical support will be readilyavailable.

Section 2 of Public Law 104–79waives the duplicate filing requirementsin states that have a system forelectronically accessing and duplicatingreports filed with the Commission. TheCommission expects that, in the future,states will make such a systemavailable. Over time, this will reducethe need for filers to generate paperreports to send to their state filingoffices. However, as with therequirement for the preservation ofreports, section 439 is nondiscretionaryfor states that do not have an electronicaccess and duplication system.Therefore, filers in those states will berequired to continue generating paperreports and submitting them to theirstate filing offices.

The electronic filing system that theCommission will implement at thebeginning of 1997 should cause veryfew compatibility problems. Files thathave been created or are readable by anoperating system compatible withMicrosoft DOS 2.1 or higher, includingMicrosoft Windows, may be submittedunder the new system. The Commissiondoes not expect those who wish to fileelectronically to incur significant setupexpenses. Validation software will beavailable, and the Commission willprovide this software free of charge.

As with any computerimplementation effort, technical glitchesmay occur. However, the Commission iscommitted to establishing a viableelectronic filing system, and willprovide whatever technical supportfiling committees need to make theprogram a success.

Certification of No Effect Pursuant to 5U.S.C. 605(b) (Regulatory FlexibilityAct)

I certify that the attached final rules,if promulgated, will not have asignificant economic impact on asubstantial number of small entities.The basis of this certification is that nosmall entities are required to submit


reports electronically under the finalrules.


Campaign funds, Political committeesand parties, Reporting andrecordkeeping requirements.

For the reasons set out in thepreamble, subchapter A, chapter I oftitle 11 of the Code of FederalRegulations is amended as follows:

PART 104—REPORTS BY POLITICALCOMMITTEES

1. The authority citation for part 104continues to read as follows:

Authority: 2 U.S.C. 431(1), 431(8), 431(9),432(i), 434, 438(a), 438(b), 439a.

§ 104.17 [Reserved]

2. Section 104.17 is added andreserved.

3. Section 104.18 is added, to read asfollows:

§ 104.18 Electronic filing of reports (2U.S.C. 432(d) and 434(a)(11)).

(a) General. A political committee thatfiles reports with the Commission, asprovided in 11 CFR part 105, maychoose to file its reports in an electronicformat that meets the requirements ofthis section. If a committee chooses tofile its reports electronically, and itsfirst electronic report passes theCommission’s validation program inaccordance with paragraph (c) of thissection, it must continue to file in anelectronic format all reports coveringfinancial activity for that calendar year,unless the Commission determines thatextraordinary and unforeseeablecircumstances have made itimpracticable for the committee tocontinue filing electronically.

(b) Format specifications. Reportsfiled electronically shall conform to thetechnical specifications described in theFederal Election Commission’sElectronic Filing SpecificationsRequirements. The data contained in thecomputerized magnetic media providedto the Commission shall be organized inthe order specified by the ElectronicFiling Specifications Requirements.

(c) Acceptance of reports filed inelectronic format. (1) Each committeethat submits an electronic report shallcheck the report against theCommission’s validation program beforeit is submitted, to ensure that the filessubmitted meet the Commission’sformat specifications and can be read bythe Commission’s computer system.Each report submitted in an electronicformat under this section shall also bechecked upon receipt against theCommission’s validation program. The

Commission’s validation program isavailable on request and at no charge.

(2) A report that does not pass thevalidation program will not be acceptedby the Commission and will not beconsidered filed. If a committee submitsa report that does not pass thevalidation program, the Commissionwill notify the committee that the reporthas not been accepted.

(d) Amended reports. If a committeefiles an amendment to a report that wasfiled electronically, it shall also submitthe amendment in an electronic format.The committee shall submit a completeversion of the report as amended, ratherthan just those portions of the reportthat are being amended. In addition, theamended report shall contain electronicflags or markings that point to theportions of the report that are beingamended.

(e) Signature requirements. Thecommittee’s treasurer, or any otherperson having the responsibility to filea designation, report or statement underthis subchapter, shall verify the reportin one of the following ways: bysubmitting a signed certification onpaper that is submitted with thecomputerized media; or by submitting adigitized copy of the signed certificationas a separate file in the electronicsubmission. Each verification submittedunder this section shall certify that theperson has examined the report orstatement and, to the best of thesignatory’s knowledge and belief, it istrue, correct and complete. Anyverification under this section shall betreated for all purposes (includingpenalties for perjury) in the samemanner as a verification by signature ona report submitted in a paper format.

(f) Schedules and forms with specialrequirements. The following list ofschedules, materials, and forms havespecial signature and otherrequirements and reports containingthese documents shall include, inaddition to providing the required datawithin the electronic report, either apaper copy submitted with thecommittee’s electronic report or adigitized version submitted as a separatefile in the electronic submission:Schedule C–1 (Loans and Lines ofCredit From Lending Institutions),including copies of loan agreementsrequired to be filed with that Schedule,Schedule E (Itemized IndependentExpenditures), Form 5 (Report ofIndependent Expenditures Made andContributions Received), and Form 8(Debt Settlement Plan). The committeeshall submit any paper materialstogether with the electronic mediacontaining the committee’s report.

(g) Preservation of reports. For anyreport filed in electronic format underthis section, the treasurer shall retain amachine-readable copy of the report asthe copy preserved under 11 CFR104.14(b)(2). In addition, the treasurershall retain the original signed versionof any documents submitted in adigitized format under paragraphs (e)and (f) of this section.

Dated: August 9, 1996.John Warren McGarry,Vice Chairman, Federal Election Commission.[FR Doc. 96–20804 Filed 8–14–96; 8:45 am]BILLING CODE 6715–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards;Reinstate a Class Waiver of theNonmanufacturer Rule

AGENCY: Small Business Administration.ACTION: Reinstate a Class Waiver of theNonmanufacturer Rule for one class ofmetal products.

SUMMARY: On July 27, 1994, the SmallBusiness Administration (SBA)published a notice in the FederalRegister (Vol. 59, No. 143, FR 38115)that terminated: the class waiver for barsand rods, nickel-copper, nickel-copper-aluminum, and high-nickel-alloy andcopper, copper-nickel, aluminum-bronze, and naval brass [Federal SupplyCode (FSC) 9530, Standard IndustrialClassification Code (SIC) 3356](hereafter referred to as bars and rods);and the class waiver for structuralshapes, angles, channels, tees and zees,aluminum and high-nickel-alloy(hereafter referred to as structuralshapes). It has been brought to SBA’sattention by the Defense LogisticsAgency, Defense Industrial SupplyCenter, that a misclassification occurredbecause SBA combined these twodifferent groups of metal products intoa single classification. This mistakeinadvertently resulted in thetermination of the class waiver for barsand rods. The SBA is thereforereinstating the class waiver under theNonmanufacturer Rule for bars androds. The termination of the waiver ofthe Nonmanufacturer Rule for structuralshapes remains in effect.EFFECTIVE DATE: August 15, 1996.FOR FURTHER INFORMATION CONTACT:David Wm. Loines, Office ofGovernment Contracting, phone number(202) 205–6475.SUPPLEMENTARY INFORMATION: PublicLaw 100–656, enacted on November 15,


1988, incorporated into the SmallBusiness Act the previously existingrequirement that recipients of Federalcontracts set aside for small businesses,or the SBA 8(a) Program, must providethe products of small businessmanufacturers or processors. The SBAregulations imposing this requirementare found at 13 CFR 121.406(b).

Section 210 of Public Law 101–574further amended the Small Business Actto allow for waivers for classes ofproducts for which there are no smallbusiness manufacturers or processors‘‘available to participate in the Federalprocurement market,’’ 15 U.S.C.637(a)(17)(B)(iv)(II).

Decision To Reinstate the Class Waiver

SBA announced its decision to granta class waiver for bars and rods in theFederal Register on May 15, 1991 (Vol.56, No. 94 FR 22306).

SBA published a notice terminatingthe class waiver for bars and rods andstructural shapes on July 27, 1994 (Vol.59, No. 143 FR 38115). On October 24,1994, the Defense Logistics Agency’s(DLA) Defense Industrial Supply Center(DISC) brought to SBA’s attention that amisclassification had occurred bygrouping bars and rods with structuralshapes which inadvertently resulted inthe termination of the class waiver forboth bars and rods. The termination ofthe waiver for structural shapes wascorrect and remains in effect.

The waiver previously granted forbars and rods, nickel-copper, nickel-copper-aluminum, and high-nickel-alloyand copper, copper-nickel, aluminum-bronze, and naval brass [Federal SupplyCode (FSC) 9530, Standard IndustrialClassification Code (SIC) 3356] shouldstill be in effect, effective upon date ofpublication of this notice. Smallbusiness set-aside or SBA 8(a) Programcontracts for this class of products mayrely on this waiver where thesolicitation is dated within ninety (90)days of the date this notice appears inthe Federal Register.

Dated: August 12, 1996.Judith A. Roussel,Associate Administrator for GovernmentContracting.[FR Doc. 96–20823 Filed 8–14–96; 8:45 am]BILLING CODE 8025–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 348

RIN 3220–AB14

Representative Payment

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad RetirementBoard (Board) amends its regulations inorder to provide guidelines regardingthe selection, payment, responsibilities,and monitoring of representative payeesunder the Railroad UnemploymentInsurance Act. This amendment is beingmade to improve the administration ofthe Board’s representative payeeprogram.EFFECTIVE DATE: August 15, 1996.ADDRESSES: Secretary to the Board,Railroad Retirement Board, 844 RushStreet, Chicago, Illinois 60611.FOR FURTHER INFORMATION CONTACT:Thomas W. Sadler, Assistant GeneralCounsel, Railroad Retirement Board,844 Rush Street, Chicago, Illinois 60611,(312) 751–4513; TDD (312) 751–4701.SUPPLEMENTARY INFORMATION: TheRailroad Unemployment Insurance Act(45 U.S.C. 351–368) provides a systemof unemployment and sickness benefitsfor railroad employees who meet certaineligibility requirements under that Act.On rare occasions, a claimant isincompetent to file for or receivebenefits under the Act without theassistance of a representative payee.Under such circumstances, section 12(a)of the Railroad Retirement Act expresslyauthorizes the Board to make payments,or conduct transactions, directly withthe claimant, with a legally appointedguardian of the claimant, or with anyother person on the claimant’s behalf,even though the claimant is anincompetent for whom a guardian isacting. The provisions of section 12(a)are applicable to benefits claimed orpaid under any Act administered inwhole or in part by the Board, includingthe Railroad Unemployment InsuranceAct.

There has been growing concern inthe Congress to assure that surrogatedecision-making services, includingrepresentative-payee services, areprovided in a uniform, high qualitymanner which maximizes the potentialof every individual for self-reliance andindependence.

The Board is currently in the processof a comprehensive program to reviewand revise its regulations. Part 348 isadded at this time to address concernsthat adequate safeguards be providedwhere payment of a benefit under theRailroad Unemployment Insurance Actis made to a representative payee ratherthan directly to the claimant. Part 348incorporates the extensive regulationsfound in part 266 of this chapter dealingwith appointment of a representativepayee under the Railroad RetirementAct.

The Board previously published part348 as a proposed rule invitingcomment by June 10, 1996 (61 FR16067). No comments were received.The Board has, in coordination with theOffice of Management and Budget,determined that this is not a significantregulatory action for purposes ofExecutive Order 12866; therefore, noregulatory impact analysis is required.Information collection has beenapproved by the Office of Managementand Budget under control numbers3220–0052 and 3220–0151.

List of Subjects in 20 CFR Part 348Railroad employees, Railroad

unemployment insurance, Reportingand recordkeeping requirements.

For the reasons set out in thepreamble, the Board hereby adds a newPart 348 to title 20 of the Code ofFederal Regulations as follows:

PART 348—REPRESENTATIVEPAYMENT

Sec.348.1 Introduction.348.2 Recognition by the Board of a person

to act in behalf of another.

Authority: 45 U.S.C. 355, 45 U.S.C. 231k.

§ 348.1 Introduction.(a) Explanation of representative

payment. This part explains theprinciples and procedures that theBoard follows in determining whetherto make representative payment and inselecting a representative payee. It alsoexplains the responsibilities that arepresentative payee has concerning theuse of the funds which he or shereceives on behalf of a claimant. Arepresentative payee may be either aperson or an organization selected bythe Board to receive benefits on behalfof a claimant. A representative payeewill be selected if the Board believesthat the interest of a claimant will beserved by representative payment ratherthan direct payment of benefits.Generally, the Board will appoint arepresentative payee if it determinesthat the claimant is not able to manageor direct the management of benefitpayments in his or her interest.

(b) Statutory authority. Section 12 ofthe Railroad Retirement Act, which isalso applicable to the RailroadUnemployment Insurance Act, providesthat every claimant shall beconclusively presumed to have beencompetent until the date on which theBoard receives a notice in writing thata legal guardian or other person legallyvested with the care of the person orestate of an incompetent or a minor hasbeen appointed: Provided, however,


That despite receiving such notice, theBoard may, if it finds the interests ofsuch claimant to be served thereby,recognize actions by, conducttransactions with, and make paymentsto such claimant.

(c) Policy used to determine whetherto make representative payment. (1) TheBoard’s policy is that every claimant hasthe right to manage his or her ownbenefits. However, due to mental orphysical condition some claimants maybe unable to do so. If the Boarddetermines that the interests of aclaimant would be better served ifbenefit payments were certified toanother person as representative payee,the Board will appoint a representativepayee in accordance with theprocedures set forth in this part. TheBoard may appoint a representativepayee even if the claimant is a legallycompetent individual. If the claimant isa legally incompetent individual, theBoard may appoint the legal guardian orsome other person as a representativepayee.

(2) If payment is being made directlyto a claimant and a question arisesconcerning his or her ability to manageor direct the management of benefitpayments, the Board may, if theclaimant has not been adjudged legallyincompetent, continue to pay theclaimant until the Board makes adetermination about his or her ability tomanage or direct the management ofbenefit payments and the selection of arepresentative payee.

§ 348.2 Recognition by the Board of aperson to act in behalf of another.

The provisions of part 266 of thischapter shall be applicable to theappointment of a representative payeeunder this part to the same extent andin the same manner as they areapplicable to the appointment of arepresentative payee under the RailroadRetirement Act.

Dated: August 6, 1996.By Authority of the Board.

For the Board.Beatrice Ezerski,Secretary to the Board.[FR Doc. 96–20785 Filed 8–14–96; 8:45 am]BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Food and Drug Administration

21 CFR Part 175

[Docket No. 96F–0053]

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 dimethyl 1,4-cyclohexanedicarboxylate as a monomerin polyester resins employed inadhesives as components of articlesintended for use in contact with food.This action is in response to a petitionfiled by Eastman Chemical Co.DATES: Effective August 15, 1996;written objections and requests for ahearing by September 16, 1996.ADDRESSES: Submit written objections tothe Dockets Management Branch (HFA–305), Food and Drug Administration,12420 Parklawn Dr., rm. 1–23,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 ofFebruary 26, 1996 (61 FR 7111), FDAannounced that a food additive petition(FAP 5B4481) had been filed byEastman Chemical Co., P.O. Box 1994,Kingsport, TN 37662. The petitionproposed to amend the food additiveregulations in § 175.105 Adhesives (21CFR 175.105) to provide for the safe useof dimethyl 1,4-cyclohexanedicarboxylate as a monomerin polyester resins employed inadhesives as components of articlesintended for use in contact with food.

FDA has evaluated the data in thepetition and other relevant material. Theagency concludes that: (1) The proposeduse of the food additive is safe, (2) thefood additive will have the intendedtechnical effect, and (3) the regulationsin § 175.105 should be amended as setforth 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 appointment

with the information contact personlisted above. As provided in § 171.1(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 anenvironmental 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 September 16, 1996,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 175.105 is amended in thetable in paragraph (c)(5) byalphabetically adding a new entry underthe heading ‘‘Substances’’ and thesubheading ‘‘Acids’’ appearing after theentry for ‘‘Polyester resins * * *’’ to readas follows (for the convenience of the

reader, the introductory text for‘‘Polyester resins’’ is republished):

§ 175.105 Adhesives.

* * * * *(c) * * *(5) * * *

Substances Limitations

* * * * * * *Polyester resins (including alkyd type), as the basic polymer, formed as

esters when one or more of the following acids are made to reactwith one or more of the following alcohols:

Acids:* * * * * * *

Dimethyl 1,4-cyclohexanedicarboxylate (CAS Reg.No. 94–60–0).

* * * * * * *

Dated: July 29, 1996.Fred R. Shank,Director, Center for Food Safety and AppliedNutrition.[FR Doc. 96–20858 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F

21 CFR Part 177


Indirect Food Additives: Polymers


SUMMARY: The Food and DrugAdministration (FDA) is amending thefood additive regulations to provide forthe safe use of polyaryletherketoneresins (i.e., poly(oxy-1,4-phenylenecarbonyl-1,4-phenyleneoxy-1,4-phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene) as abasic resin for use in food-contactmaterials. This action is in response toa petition filed by BASFAktiengesellschaft.DATES: Effective August 15, 1996;written objections and requests for ahearing by September 16, 1996.ADDRESSES: Submit written objections tothe Dockets Management Branch (HFA–305), Food and Drug Administration,12420 Parklawn Dr., rm. 1–23,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 ofOctober 19, 1995 (60 FR 54076), FDAannounced that a food additive petition(FAP 5B4483) had been filed by BASFAktiengesellschaft, c/o Keller andHeckman, 1001 G St. NW., suite 500West, Washington, DC 20001. Thepetition proposed to amend the foodadditive regulations to provide for thesafe use of polyaryletherketone resins(i.e., poly(oxy-1,4-phenylenecarbonyl-1,4-pheneyleneoxy-1,4-phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene) as abasic resin for use in food-contactmaterials, establishing a new foodadditive regulation, § 177.1556Polyaryletherketone resins (21 CFR177.1556). Subsequently, the petitionwas amended to request approval onlyfor the use of the polyaryletherketoneresins in repeated use food-contactapplications. This amendment isreflected in this final rule.

In its evaluation of the safety of thisadditive, FDA has reviewed the safety ofthe additive itself and the chemicalimpurities that may be present in theadditive resulting from itsmanufacturing process. Although theadditive itself has not been shown tocause cancer, it has been found tocontain minute amounts of residualmethylene chloride, which is acarcinogenic impurity resulting from themanufacture of the additive. Residualamounts of reactants and manufacturingaids, such as methylene chloride, arecommonly found as contaminants inchemical products, including foodadditives.

I. Determination of Safety

Under the so-called ‘‘general safetyclause’’ of the Federal Food, Drug, andCosmetic Act (the act) (21 U.S.C.348(c)(3)(A)), a food additive cannot beapproved for a particular use unless afair evaluation of the data available toFDA establishes that the additive is safefor that use. FDA’s food additiveregulations (21 CFR 170.3(i)) define safeas ‘‘a reasonable certainty in the mindsof competent scientists that thesubstance is not harmful under theintended conditions of use.’’

The food additives anticancer, orDelaney, clause of the act (21 U.S.C.348(c)(3)(A)) provides that no foodadditive shall be deemed safe if it isfound to induce cancer when ingestedby man or animal. Importantly,however, the Delaney clause applies tothe additive itself and not to theimpurities in the additive. That is,where an additive itself has not beenshown to cause cancer, but contains acarcinogenic impurity, the additive isproperly evaluated under the generalsafety clause using risk assessmentprocedures to determine whether thereis a reasonable certainty that no harmwill result from the proposed use of theadditive, Scott v. FDA, 728 F.2d 322(6th Cir. 1984).

II. Safety of the Petitioned Use of theAdditive

FDA finds that migration ofpolyaryletherketone resins is unlikelybecause of the insolubility of the


polymer itself. However, the potentialdietary concentration of the oligomersmigrating from the additive into foodwould be no greater than 6 parts perbillion (ppb), which equates to anestimated daily intake (EDI) of 18micrograms per person per day (µg/person/day) (Ref. 1). The agencyconcludes, further, that the totalnonvolatile extractives (TNE’s) areexclusively oligomers, and therefore, thedietary exposure to the TNE’s is also 6ppb with an EDI of 18 µg/person/day.

FDA does not ordinarily considerchronic toxicological studies to benecessary to determine the safety of anadditive whose use will result in suchlow exposure levels (Ref. 2), and theagency has not required such testinghere. However, the agency has reviewedthe available toxicity data on theadditive and concludes that the lowexposure to the oligomers and TNE’sresulting from the proposed use of theadditive is safe.

FDA has evaluated the safety of theadditive under the general safety clause,considering all available data and usingrisk assessment procedures to estimatethe upper-bound limit of risk presentedby methylene chloride, a carcinogenicchemical that may be present as animpurity in the additive. This riskevaluation of methylene chloride hastwo aspects: (1) Assessment of theworst-case exposure to the impurityfrom the proposed use of the additive;and (2) extrapolation of the riskobserved in the animal bioassay to theconditions of probable exposure tohumans.

A. Methylene chlorideFDA has estimated the hypothetical

worst-case exposure to methylenechloride from the petitioned use of theadditive in repeat use food processingarticles to be 8 parts per trillion of thedaily diet (3 kilograms), or 20 nanogram(ng)/person/day (Ref. 3). The agencyused data in a National ToxicityProgram report (No. 306: 1986) oninhalation studies in F344/N rats andB6C3F1 mice (Ref. 4) to estimate theupper-bound limit of lifetime humanrisk from exposure to this chemicalresulting from the proposed use of theadditive (Ref. 4). The results of thebioassays demonstrated that thematerial was carcinogenic in male andfemale B6C3F1 mice under theconditions of the study. The testmaterial caused an increased incidenceof liver cell neoplasms and lungneoplasms in male and female mice.

Based on the estimated worst-caseexposure to methylene chloride of 20ng/person/day, FDA estimates that theupper-bound limit of lifetime human

risk from the use of the subject additiveis 1.5 x 10-10, or 1.5 in 10 trillion (Ref.5). Because of the numerousconservative assumptions used incalculating the exposure estimate, theactual lifetime-averaged individualexposure to methylene chloride is likelyto be substantially less than the worst-case exposure, and therefore, the upper-bound lifetime human risk would beless. Thus, the agency concludes thatthere is a reasonable certainty that noharm from exposure to methylenechloride would result from the proposeduse of the additive.

B. Need for SpecificationsThe agency has also considered

whether a specification is necessary tocontrol the amount of methylenechloride present as an impurity in theadditive. The agency finds that aspecification is not necessary for thefollowing reasons: (1) Because of thelow level at which methylene chloridemay be expected to remain as animpurity following production of theadditive, the agency would not expectthis impurity to become a component offood at other than extremely low levels;and (2) the upper-bound limit oflifetime risk from exposure to thisimpurity, even under worst-caseassumptions, is very low, 1.5 in 10trillion.

III. ConclusionFDA has evaluated the data in the

petition and other relevant material andconcludes that the proposed use of theadditive in repeated use food-contactarticles is safe. Based on thisinformation, the agency has alsoconcluded that the additive will havethe intended technical effect. Therefore,the agency has concluded that a new§ 177.1556 Polyaryletherketone resinsshould be established 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 § 171.1(h),the agency will delete from thedocuments any materials that are notavailable for public disclosure beforemaking the documents available forinspection.

IV. Environmental ImpactThe agency has carefully considered

the potential environmental effects ofthis action. FDA has concluded that theaction will not have a significant impacton the human environment, and that an

environmental impact statement is notrequired. The agency’s finding of nosignificant impact and the evidencesupporting that finding, contained in anenvironmental assessment, may be seenin the Dockets Management Branch(address above) between 9 a.m. and 4p.m., Monday through Friday.

V. Objections

Any person who will be adverselyaffected by this regulation may at anytime on or before September 16, 1996,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.

VI. References

The following references have beenplaced on display in the DocketsManagement Branch (address above)and may be seen by interested personsbetween 9 a.m. and 4 p.m., Mondaythrough Friday.

1. Memorandum from the ChemistryReview Branch (HFS–247) to the IndirectAdditives Branch (HFS–216), concerningFAP 5B4483. Submissions of 2/13/96; BASFAktiengesellschaft. Exposure to oligomersand total nonvolatile extracts from the use ofpolyaryletherketone resins in repeat usearticles, April 11, 1996.

2. Kokoski, C. J., ‘‘Regulatory FoodAdditive Toxicology,’’ Chemical SafetyRegulation and Compliance, edited by F.Homburger and J. K. Marquis, S. Karger, NewYork, NY, pp. 24–33, 1985.

3. Memorandum from the ChemistryReview Branch (HFS–247) to the IndirectAdditives Branch (HFS–216), concerning


FAP 5B4483, BASF Aktiengesellschaft,concerning exposure to methylene chloridefrom the use of polyaryletherketone resins,February 14, 1996.

4. ‘‘Toxicology and Carcinogenesis Studiesof Dichloromethane (methylene chloride)(CAS Reg. No. 75–09–2) in F344/N Rats andB6C3F1 Mice’’ (Inhalation Studies). NationalToxicology Program Technical Report Series,No. 306 (1986).

5. Memorandum from the QuantitativeRisk Assessment Committee, concerningestimation of upper-bound lifetime risk frommethylene chloride for uses requested in FAP5B4483 (BASF Aktiengesellschaft), February20, 1996.

List of Subjects in 21 CFR Part 177Food additives, Food packaging.Therefore, under the Federal Food,

Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs, 21 CFR part 177 isamended as follows:

PART 177—INDIRECT FOODADDITIVES: POLYMERS


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

2. New § 177.1556 is added to subpartB to read as follows:

§ 177.1556 Polyaryletherketone resins.The poly(oxy-1,4-phenylenecarbonyl-

1,4-phenyleneoxy-1,4-phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene)resins (CAS Reg. No. 55088–54–5 andCAS Reg. No. 60015–05–6 andcommonly referred to aspolyaryletherketone resins) identified inparagraph (a) of this section may besafely used as articles or components ofarticles intended for repeated use incontact with food, subject to theprovisions of this section.

(a) Identity. Polyaryletherketoneresins consist of basic resins producedby reacting 4,4′-diphenoxybenzophenone and terephthaloyldichloride in such a way that thefinished resins have a minimum weightaverage molecular weight of 20,000grams per mole, as determined by lightscattering measurements in sulfuric acidat room temperature.

(b) Optional adjuvant substances. Thebasic polyaryletherketone resinsidentified in paragraph (a) of thissection may contain optional adjuvantsubstances required in the production ofsuch basic resins. These adjuvants mayinclude substances used in accordancewith § 174.5 of this chapter and thefollowing:

(1) Benzoyl chloride, poly(tetrafluoroethylene).

(2) [Reserved](c) Extractive limitations. The

finished food-contact article yields nettotal extractives in each extractingsolvent not to exceed 0.052 milligramper square inch (corresponding to 0.008milligram per square centimeter) offood-contact surface, when extracted atreflux temperature for 2 hours with thefollowing solvents: Distilled water, 50percent (by volume) ethyl alcohol indistilled water, 3 percent acetic acid (byweight) in distilled water, and n-heptane.

(d) In testing the finished food-contactarticle made of polyaryletherketoneresin, use a separate test sample for eachrequired extracting solvent.

Dated: August 2, 1996.William K. Hubbard,Associate Commissioner for PolicyCoordination.[FR Doc. 96–20852 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F

21 CFR Part 178


Indirect Food Additives: Adjuvants,Production Aids, and Sanitizers;Correction

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

SUMMARY: The Food and DrugAdministration (FDA) is correcting afinal rule that appeared in the FederalRegister of May 21, 1996 (61 FR 25395).The document amended the foodadditive regulations to provide for thesafe use of formaldehyde, polymer with1-naphthylenol, as a release agent,applied on the internal parts of reactorsemployed in the production ofpolyvinyl chloride and acryliccopolymers intended for food-contactapplications. The document waspublished with some errors. Thisdocument corrects those errors.EFFECTIVE DATE: May 21, 1996.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.

In FR Doc. 96–12761, appearing onpage 25395 in the Federal Register ofTuesday, May 21, 1996, the followingcorrections are made:

1. On page 25395, in the first column,under the ‘‘SUMMARY’’ caption, in thefifth line, and under the‘‘SUPPLEMENTARY INFORMATION’’ caption,in the first paragraph, beginning in the

thirteenth line, ‘‘1-naphthylenol’’ iscorrected to read ‘‘1-naphthalenol’’.

§ 178.3860 [Corrected]

2. On page 25396, in the Table, underthe heading ‘‘List of substances,’’ ‘‘1-naphthylenol’’ is corrected to read ‘‘1-naphthalenol’’.

Dated: July 25, 1996.William K. Hubbard,Associate Commissioner for PolicyCoordination.[FR Doc. 96–20821 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F

21 CFR Part 179


Irradiation in the Production,Processing, and Handling of Food

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 a source of high intensitypulsed light to control microorganismson the surface of food. This action is inresponse to a food additive petition filedby Foodco Corp. (now known asPurePulse Technologies, Inc.).

DATES: Effective August 15, 1996;written objections and requests for ahearing by September 16, 1996.

ADDRESSES: Submit written objections tothe Dockets Management Branch (HFA–305), Food and Drug Administration,12420 Parklawn Dr., rm. 1–23,Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:Patricia A. Hansen, Center for FoodSafety and Applied Nutrition (HFS–206), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–418–3093.

SUPPLEMENTARY INFORMATION:

I. Introduction

In a notice published in the FederalRegister of May 2, 1994 (59 FR 22673),FDA announced that a food additivepetition (FAP 4M4417) had been filedby Foodco Corp., 8888 Balboa Ave., SanDiego, CA 92123, proposing that thefood additive regulations be amended toprovide for the safe use of a source ofhigh intensity pulsed light to controlmicroorganisms on the surface of food.(Since the publication of the notice offiling, Foodco Corp. has changed its


name to PurePulse Technologies Inc.,(PurePulse).)

II. Evaluation of SafetyUnder the proposed conditions of use,

foods would be exposed to broadbandradiation (wavelengths covering therange 200 to 1,100 nanometers (nm))that is emitted as high intensity pulses(flashes) by xenon flashlamps. Thiswavelength range covers the entire‘‘visible’’ region of the spectrum (thatrange of wavelengths that is capable ofbeing perceived by the human eye), aswell as limited portions of theultraviolet (UV) and infrared (IR)regions. Use of the proposed sources ofradiation results in exposure of thesurfaces of treated foods to short pulsesof high intensity light. The proposedpulsed light treatment does not involvethe use of a source of ionizing radiation.

The proposed pulsed light treatmentis intended to reduce the numbers ofmicroorganisms (bacteria, yeasts, andmolds) on the surfaces of treated foods.PurePulse did not propose restrictingthe types of foods that would be treatedwith pulsed light. The agency hasevaluated the safety of the proposedpulsed light treatment assuming that alltypes of foods could potentially betreated with pulsed light, whilerecognizing that, in actual practice, notall types are likely to be so treated.

In assessing the safety of foods treatedwith radiation, including pulsed light,the agency considers changes inchemical composition of the food thatmay be induced by the proposedtreatment, including any potentialchanges in nutrient levels. The agencyalso considers potential differences inthe microbial populations found ontreated versus untreated foods.

PurePulse submitted data andinformation regarding the nature andextent of photochemical changeexpected to occur in foods treated withthe proposed high intensity pulsed lighttreatment. PurePulse also submitteddata regarding the nature and extent ofthe changes in microbial populations onthe surfaces of a representative varietyof foods treated with pulsed light underthe proposed conditions of use.

Having evaluated the data in thepetition and other relevant material inits files, the agency finds that treatedfoods will not sustain significantreduction in nutrients and, thus, willretain their nutritional qualities (Ref. 1).FDA also finds that the types andamounts of photoproducts that might beproduced and subsequently consumed,are not of any toxicological significance(Refs. 2 and 3).

From a microbiological standpoint,the agency concludes that the proposed

treatment is effective in reducing thenumbers of microorganisms on thesurface of treated foods and that treatedfoods will be at least as safe, from amicrobiological standpoint, as untreatedfoods that are currently marketed (Refs.4 and 5).

III. ConclusionsFDA has evaluated the data in the

petition and other relevant material.Based on this information, the agencyconcludes that the proposed use of asource of high intensity pulsed light issafe, that the additive will achieve itsintended technical effect, and thattherefore, the regulations in 21 CFR part179 should be amended as set forthbelow.

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 § 171.1(h),the agency will delete from thedocuments any materials that are notavailable for public disclosure beforemaking the documents available forinspection.

IV. Environmental ImpactThe agency has carefully considered

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

V. ObjectionsAny person who will be adversely

affected by this regulation may at anytime on or before September 16, 1996,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 and

analysis 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.

VI. References


1. Memorandum from S. Carberry,Chemistry Review Branch, to P. Hansen,Biotechnology Policy Branch, dated February1, 1995.

2. Memorandum from S. Carberry,Chemistry Review Branch, to P. Hansen,Biotechnology Policy Branch, dated May 17,1994.

3. Memorandum from A. Chang, AdditivesEvaluation Branch #1, to P. Hansen, Divisionof Product Policy, dated June 28, 1994.

4. Memorandum from J. Madden, StrategicManager for Microbiology, to P. Hansen andG. Pauli, Division of Product Policy, datedAugust 9, 1994.

5. Memorandum from J. Madden, StrategicManager for Microbiology, to P. Hansen,dated June 15, 1995.


Food additives, Food labeling, Foodpackaging, Radiation protection,Reporting and recordkeepingrequirements, Signs and symbols.

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 179 isamended as follows:

PART 179—IRRADIATION IN THEPRODUCTION, PROCESSING ANDHANDLING OF FOOD


Authority: Secs. 201, 402, 403, 409, 703,704 of the Federal Food, Drug, and CosmeticAct (21 U.S.C. 321, 342, 343, 348, 373, 374).

2. New § 179.41 is added to subpart Bto read as follows:


§ 179.41 Pulsed light for the treatment offood.

Pulsed light may be safely used fortreatment of foods under the followingconditions:

(a) The radiation sources consist ofxenon flashlamps designed to emitbroadband radiation consisting ofwavelengths covering the range of 200to 1,100 nanometers (nm), and operatedso that the pulse duration is no longerthan 2 milliseconds (msec);

(b) The treatment is used for surfacemicroorganism control;

(c) Foods treated with pulsed lightshall receive the minimum treatmentreasonably required to accomplish theintended technical effect; and

(d) The total cumulative treatmentshall not exceed 12.0 Joules/squarecentimeter (J/cm2.)

Dated: July 30, 1996.Fred R. Shank,Director, Center for Food Safety and AppliedNutrition.[FR Doc. 96–20853 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F

21 CFR Parts 522 and 556

Animal Drugs, Feeds, and RelatedProducts; Florfenicol Solution


SUMMARY: The Food and DrugAdministration (FDA) is amending theanimal drug regulations to reflectapproval of a new animal drugapplication (NADA) filed by Schering-Plough Animal Health. The NADAprovides for use of florfenicol injectablesolution for cattle for the treatment ofbovine respiratory disease.EFFECTIVE DATE: August 15, 1996.FOR FURTHER INFORMATION CONTACT:George K. Haibel, Center for VeterinaryMedicine (HFV–133), Food and DrugAdministration, 7500 Standish Pl.,Rockville, MD 20855, 301–594–1644.SUPPLEMENTARY INFORMATION: Schering-Plough Animal Health, Schering-PloughCorp., P.O. Box 529, Kenilworth, NJ07033, has filed NADA 141–063Nuflor Injectable Solution (300milligrams florfenicol per milliliter) forintramuscular treatment of cattle forbovine respiratory disease (BRD)associated with Pasteurellahaemolytica, P. multocida, andHaemophilus somnus. The NADA isapproved as of May 31, 1996, and theregulations are amended by adding new§ 522.955 to reflect the approval. Theregulations are also amended to provide

for a tolerance for florfenicol residues incattle in new § 556.283. The basis ofapproval is discussed in the freedom ofinformation summary.

In accordance with the freedom ofinformation provisions of part 20 (21CFR part 20) and § 514.11(e)(2)(ii) (21CFR 514.11(e)(2)(ii)), a summary ofsafety and effectiveness data andinformation submitted to supportapproval of this application may be seenin the Dockets Management Branch(HFA–305), Food and DrugAdministration, 12420 Parklawn Dr.,rm. 1–23, Rockville, MD 20857, between9 a.m. and 4 p.m., Monday throughFriday.

Under section 512(c)(2)(F)(i) of theFederal Food, Drug, and Cosmetic Act(21 U.S.C. 360b(c)(2)(F)(i)), thisapproval for use in food-producinganimals qualifies for 5 years ofmarketing exclusivity beginning May31, 1996, because the application is fora new animal drug, no active ingredientof which has been approved in anyother application.

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

List of Subjects

21 CFR Part 522

Animal drugs.

21 CFR Part 556

Animal drugs, Foods.Therefore, under the Federal Food,

Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs and redelegated tothe Center for Veterinary Medicine, 21CFR parts 522 and 556 are amended asfollows:

PART 522—IMPLANTATION ORINJECTABLE DOSAGE FORM NEWANIMAL DRUGS


Authority: Sec. 512 of the Federal Food,Drug, and Cosmetic Act (21 U.S.C. 360b).

2. New § 522.955 is added to read asfollows:

§ 522.955 Florfenicol solution.

(a) Specifications. Each milliliter ofsterile solution contains 300 milligramsof florfenicol.

(b) Sponsor. See 000061 in§ 510.600(c) of this chapter.

(c) Related tolerance. See § 556.283 ofthis chapter.

(d) Conditions of use—(1) Cattle—(i)Amount. 20 milligrams per kilogrambody weight (3 milliliters per 100pounds). A second dose should be given48 hours later.

(ii) Indications for use. For treatmentof bovine respiratory disease (BRD)associated with Pasteurellahaemolytica, P. multocida, andHaemophilus somnus.

(iii) Limitations. For intramuscularuse only. Do not inject more than 10milliliters at each site. Injection shouldbe given only in the neck musculature.Do not slaughter within 28 days of lasttreatment. Do not use in female dairycattle 20 months of age or older. Usemay cause milk residues. Not for use inveal calves, calves under 1 month ofage, or calves being fed an all milk diet.Use may cause violative tissue residuesto remain beyond the withdrawal time.Not for use in cattle of breeding age. Theeffect of florfenicol on bovinereproductive performance, pregnancy,and lactation have not been determined.Federal law restricts this drug to use byor on the order of a licensedveterinarian.

(2) [Reserved]

PART 556—TOLERANCES FORRESIDUES OF NEW ANIMAL DRUGSIN FOOD


Authority: Secs. 402, 512, 701 of theFederal Food, Drug, and Cosmetic Act (21U.S.C. 342, 360b, 371).

4. New § 556.283 is added to read asfollows:

§ 556.283 Florfenicol.

The safe concentrations for totalflorfenicol-related residues in cattle are2.0 parts per million (ppm) in muscle,6.0 ppm in liver, and 12.0 ppm inkidney and fat. A tolerance of 3.7 ppmfor the marker residue, florfenicolamine, has been established in cattleliver.

Dated: July 25, 1996.Stephen F. Sundlof,Director, Center for Veterinary Medicine.[FR Doc. 96–20854 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F


PENSION BENEFIT GUARANTYCORPORATION

29 CFR Part 4044

Allocation of Assets in Single-Employer Plans; Interest Rate forValuing Benefits

AGENCY: Pension Benefit GuarantyCorporation.ACTION: Final rule.

SUMMARY: The Pension Benefit GuarantyCorporation’s regulation on Allocationof Assets in Single-Employer Plansprescribes interest assumptions forvaluing benefits under terminatingsingle-employer plans. This final ruleamends the regulation to adopt interestassumptions for plans with valuationdates in September 1996.EFFECTIVE DATE: September 1, 1996.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: ThePBGC’s regulation on Allocation ofAssets in Single-Employer Plans (29CFR part 4044) prescribes actuarialassumptions for valuing plan benefits ofterminating single-employer planscovered by title IV of the EmployeeRetirement Income Security Act of 1974.

Among the actuarial assumptionsprescribed in part 4044 are interest rates

and factors. These interest rates andfactors are intended to reflect currentconditions in the financial and annuitymarkets.

Two sets of interest rates and factorsare prescribed, one set for the valuationof benefits to be paid as annuities andone set for the valuation of benefits tobe paid as lump sums. This amendmentadds to appendix B to part 4044 theannuity and lump sum interest rates andfactors for valuing benefits in plans withvaluation dates during September 1996.

For annuity benefits, the interest rateswill be 6.30 percent for the first 20 yearsfollowing the valuation date and 4.75percent thereafter. For benefits to bepaid as lump sums, the interestassumptions to be used by the PBGCwill be 5.25 percent for the periodduring which benefits are in pay status,4.50 percent during the seven-yearperiod directly preceding the benefit’splacement in pay status, and 4.00percent during any other yearspreceding the benefit’s placement in paystatus. The annuity and lump suminterest assumptions are unchangedfrom those in effect for August 1996.

The PBGC has determined that noticeand public comment on this amendmentare impracticable and contrary to thepublic interest. This finding is based onthe need to determine and issue newinterest rates and factors promptly sothat the rates and factors can reflect, asaccurately as possible, current marketconditions.

Because of the need to provideimmediate guidance for the valuation ofbenefits in plans with valuation datesduring September 1996, the PBGC findsthat good cause exists for making therates and factors set forth in thisamendment effective less than 30 daysafter 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).


Pension insurance, Pensions.

In consideration of the foregoing, 29CFR part 4044 is hereby amended asfollows:

PART 4044—[AMENDED]


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

Appendix B to Part 4044—[Amended]

2. In appendix B, a new entry isadded to Table I, and Rate Set 35 isadded to Table II, as set forth below.The introductory text of each table isrepublished for the convenience of thereader and remains unchanged.

Appendix B to Part 4044—Interest Rates Used To Value Annuities and Lump Sums

TABLE I.—ANNUITY VALUATIONS

[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . . , and referred to generally as it) assumed to bein effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in thecolumns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date]

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

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

* * * * * * *September 1996 ................................................................ .0630 1–20 .0475 >20 N/A N/A


TABLE II.—LUMP SUM VALUATIONS

[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate an-nuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0<y≤n1), interest rate i1 shall applyfrom the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferralperiod is y years (where y is an integer and n1<y≤n1 + n2), interest rate i2 shall apply from the valuation date for a period of y¥n1 years, in-terest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the defer-ral period is y years (where y is an integer and y>n1+n2), interest rate i3 shall apply from the valuation date for a period of y¥n1¥n2 years,interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annu-ity rate shall apply]

Rate set

For plans with a valuationdate Immediate

annuity rate(percent)

Deferred annuities (percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *35 09–1–96 10–1–96 5.25 4.50 4.00 4.00 7 8

Issued in Washington, DC, on this 12th dayof August 1996.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.[FR Doc. 96–20845 Filed 8–14–96; 8:45 am]BILLING CODE 7708–01–P


Health Care Financing Administration

42 CFR Part 415

[BPD–827–CN]

RIN 0938–AG96

Medicare Program; Revisions toPayment Policies and Adjustments tothe Relative Value Units Under thePhysician Fee Schedule for CalendarYear 1996

AGENCY: Health Care FinancingAdministration (HCFA), HHS.ACTION: Correction of final rule withcomment period.

SUMMARY: This document correctstechnical errors that appeared in thefinal rule with comment periodpublished in the Federal Register onDecember 8, 1995 (60 FR 63124) entitled‘‘Medicare Program; Revisions toPayment Policies and Adjustments tothe Relative Value Units Under thePhysician Fee Schedule for CalendarYear 1996.’’EFFECTIVE DATES: January 1, 1996, exceptpart 415, which is effective July 1, 1996.FOR FURTHER INFORMATION CONTACT:Shana Olshan, (410) 786–5714; WilliamMorse, (410) 786–4520.


Background

In the Federal Register Document[95–29754], dated December 8, 1995, onpage 63172 there is a technical error in

the preamble and, on pages 63177 and63187 there are technical errors in theregulations text in § 414.30(‘‘Conversion factor update’’) and§ 415.178 (‘‘Anesthesia services’’),respectively. In § 414.30, due to atypographical error, we inadvertentlyidentified a revision being made toparagraph (b)(3) as adding a newparagraph (c). We correct both theamendatory statement and theregulations text. In the final rule, wealso inadvertently retained languagereflected in the July 26, 1995 (60 FR38430) proposed rule concerningdocumentation of a preoperative andpostoperative visit by the teachingphysician in connection with anesthesiaservices. To be consistent with ourpolicy of not requiring the teachingsurgeon to be present at the preoperativeand postoperative visit, we intended torevise the language related to theteaching anesthesiologist.

Correction of Errors

Preamble

Beginning on page 63171, in column3, the first sentence of the last paragraphis corrected to read: ‘‘The informationcollection requirements in § 415.178(‘‘Anesthesia services’’), paragraph (b),concern documentation of the teachingphysician’s presence or participation inthe administration of the anesthesia. Tobe consistent with our policyconcerning teaching surgeons, we willnot require documentation of presenceat the preoperative and postoperativevisit.’’

Regulations Text

1. On page 63177, in column 1, item4 is corrected to read as follows:

‘‘4. In § 414.30, the introductory textto the section and the introductory textto paragraph (b) are republished andparagraphs (b)(2) and (3) are revised toread as follows:

§ 414.30 Conversion factor update.

Unless Congress acts in accordancewith section 1848(d)(3) of the Act—* * * * *

(b) Downward adjustment. Thedownward adjustment may not exceedthe following:* * * * *

(2) For CY 1994, 2.5 percentagepoints.

(3) For CYs 1995 and thereafter, 5percentage points.’’

§ 415.178 [Corrected]

2. On page 63187, in column 1,paragraph (b) of § 415.178 (‘‘Anesthesiaservices’’) is corrected to read asfollows: ‘‘(b) Documentation.Documentation must indicate thephysician’s presence or participation inthe administration of the anesthesia.’’(Section 1848 of the Social Security Act (42U.S.C. 1395w–4))(Catalog of Federal Domestic AssistanceProgram No. 93.774, Medicare—Supplementary Medical Insurance Program)

Dated: August 8, 1996.Neil J. Stillman,Deputy Assistant Secretary for InformationResources Management[FR Doc. 96–20764 Filed 8–14–96; 8:45 am]BILLING CODE 4120–01–M

42 CFR Parts 417, 473 and 498

[BPD–704–CN]

Medicare and Medicaid Programs:Provider Appeals; TechnicalAmendments; Corrections

AGENCY: Health Care FinancingAdministration, HHS.ACTION: Correction notice.

SUMMARY: Federal Register document96–13521 beginning on page 32347 ofthe issue of June 24, 1996, updatedHCFA regulations that pertain toprovider appeals from determinations


that affect participation in Medicareand, in Medicaid.

The document contained technicalerrors in the authority citation of 42 CFRpart 417 and in the revisions of§§ 473.22, 473.46, 473.48 and 498.74.This notice corrects those errors.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:Luisa V. Iglesias (202) 690–6383.

Corrections

1. On page 32348, column 2, in part417, the authority citation is revised toread as follows:

PART 417—[CORRECTED]

Authority: Secs. 1102 and 1871 of theSocial Security Act (42 U.S.C. 1302 and1395hh), secs. 1301, 1306, and 1310 of thePublic Health Service Act (42 U.S.C. 300e,300e–5, and 300e–9); and 31 U.S.C. 9701.

§§ 473.22, 473.46, 473.48 [Amended]

2. On page 32349, column 2, thefollowing changes are made:

a. Change E 2 is revised to read asfollows:

2. In the following sections, ‘‘AppealsCouncil’’ is revised to read‘‘Departmental Appeals Board’’ eachtime it appears: §§ 473.22(b)(5), 473.46heading and paragraph (b), 473.48paragraphs (b), heading and text, and(c).

b. A change E 3 is added, to read asfollows:

3. In § 473.46(a), ‘‘Appeals Council ofthe Social Security Administration’’ isrevised to read ‘‘Departmental AppealsBoard’’.

§ 498.74 [Amended]

3. On page 32351, column 1, changeb. is revised to read as follows:

b. In paragraphs (b)(1), (b)(2), and(b)(3), ‘‘Appeals Council’’ is revised toread ‘‘Departmental Appeals Board’’,and in paragraphs (b)(1) and (b)(4),‘‘council’’ is revised to read ‘‘Board’’.

(Catalog of Federal Domestic AssistanceProgram No. 93.773, Medicare—HospitalInsurance; Program No. 93.774, Medicare—Supplementary Medical Insurance; andProgram No. 93.778—Medical Assistance)

Dated: August 8, 1996.Neil J. Stillman,Deputy Assistant Secretary for InformationResources Management.[FR Doc. 96–20763 Filed 8–14–96; 8:45 am]BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONSCOMMISSION


[CC Docket No. 93–268; FCC 96–1]

Inclusion of Terminal EquipmentConnected to Basic Rate AccessService Provided via IntegratedServices Digital Network AccessTechnology and Terminal EquipmentConnected to Public Switched DigitalService

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: On January 11, 1996, theCommission adopted a Report andOrder regarding network protection toinclude terminal equipment connectedto the two-wire Basic Rate Access (BRA)interface and the Integrated ServicesDigital Network (ISDN) accesstechnology. The Order further addressespetitions for amendment of its networkprotection rules to include terminalequipment for Public Switched DigitalService (PSDS) and adopts rules togovern revocation of equipmentregistration. This action will promoteend-to-end digital connectivity forconsumers.EFFECTIVE DATE: November 13, 1996.FOR FURTHER INFORMATION CONTACT: Billvon Alven, Senior Engineer (202) 418–2342 or Marian Gordon, SpecialCounsel, Network Services Division,Common Carrier Bureau, (202) 418–2337.SUPPLEMENTARY INFORMATION: Thissummarizes the Commission’s Order inthe matter of Petition to Amend part 68of the Commission’s Rules to IncludeTerminal Equipment Connected to BasicRate Access Service Provided viaIntegrated Services Digital NetworkAccess Technology and Petition toAmend part 68 of the Commission’sRules to Include Terminal EquipmentConnected to Public Switched DigitalServices, file is available for inspectionand copying during the weekday hoursof 9 a.m. to 4:30 p.m. in theCommission’s duplicating contractor,ITS, Inc. 2100 M St., NW., Suite 140,Washington, DC. 20037, phone(202)857–2800.

Analysis of Proceeding

1. In the Order, the Commissionadopts final rules to amend part 68 ofthe Commission’s rules which governsthe terms and conditions under whichcustomer-provided terminal equipmentmay be connected to the telephonenetwork. Part 68 is designed to ensure

that customers and manufacturers canconnect terminal equipment to thetelephone network without causingharm to the network.

2. The Commission amends part 68 toinclude terminal equipment connectedto the two-wire Basic Rate Access (BRA)interface and the four-wire Primary RateAccess (PRA) interface associated withthe Integrated Services Digital Network(ISDN) access technology. In this Order,the Commission further amends part 68to include terminal equipment forPublic Switched Digital Service (PSDS)in the Commission’s equipmentregistration program and adopts rules togovern revocation of part 68 registrationand clarify other aspects of its rules.

Ordering Clauses3. Accordingly, it is ordered, pursuant

to authority contained in Sections 1,4(i), 4(j), 201–205 and 403 of theCommunications Act of 1934, asamended, 47 U.S.C. 151, 154(i), 154(j),201–205, 225, and 403, part 2 and part68 of the Commission’s rules areamended as set fourth below.

4. It is further ordered that the rulesand requirements set forth below toinclude terminal equipment for ISDNand PSDS into part 58, and the rules forpart 68 registration revocation areadopted.

List of Subjects

47 CFR Part 2Certification, Equipment

authorization, FederalCommmunications Commission.

47 CFR Part 68Federal Communications

Commission, Registered terminalequipment, Telephone.Federal Communications Commission.William F. Caton,Acting Secretary.

Rule ChangesParts 2 and 68 of chapter I of title 47

of the Code of Federal Regulations areamended as follows:

PART 2—FREQUENCY ALLOCATIONSAND RADIO TREATY MATTERS;GENERAL RULES AND REGULATIONS


Authority: 47 U.S.C. 154, 202, 203, 204,205, 208, 215, 218, 313, 314, 404, 410, 602unless otherwise noted.

§ 2.1302 [Amended]2. Section 2.1302 is amended by

removing the words ‘‘two copies’’ andadding in their place the words ‘‘onecopy.’’


PART 68—CONNECTION OFTERMINAL EQUIPMENT TO THETELEPHONE NETWORK

3. The authority citation for part 68 isrevised to read as follows:

Authority: 47 U.S.C. 151, 154, 155, 201–205, 208, 215, 218, 220, 226, 227, 303, 313,314, 403, 404, 410, 412, 522.

4. Section 68.2 is amended by revisingparagraph (a) introductory text, andadding paragraphs (a)(9), (a)(10), (j) and(k) to read as follows:

§ 68.2 Scope.

(a) General. Except as provided for inparagraphs (b), (c), (d), (e), (f), (g), (h),(i), (j) and (k) of this section, the rulesand regulations apply to directconnection:* * * * *

(9) Of all terminal equipment toPublic Switched Digital Service (PSDS)Type I, II or III.

(10) Of all terminal equipment to theIntegrated Services Digital Network(ISDN) Basic Rate Access (BRA) orPrimary Rate Access (PRA).* * * * *

(j) Grandfathered equipment forconnection to PSDS (Type I, II or III). (1)Terminal equipment, including itspremises wiring directly connected toPSDS (Type I, II or III) on or beforeJanuary 1, 1996, may remain for servicelife without registration, unlesssubsequently modified. Service lifemeans the life of the equipment untilretired from service. Modificationmeans changes to the equipment thataffect compliance with Part 68.

(2) New installation of terminalequipment, including its premiseswiring, may occur until July 1, 1997,without registration of any terminalequipment involved, provided that theterminal equipment is of a type directlyconnected to PSDS (Type I, II or III) asof January 1, 1996. This to PSDS (TypeI, II or III) for service life withoutregistration unless subsequentlymodified.

(k) Grandfathered equipment forconnection to ISDN BRA or PRA: (1)Terminal equipment, includingpremises wiring directly connected toISDN BRA or PRA on January 1, 1996,may remain connected to ISDN BRA orPRA for service life without registration,unless subsequently modified.

(2) New installation of terminalequipment, including premises wiring,may occur until July 1, 1997, withoutregistration of any terminal equipmentinvolved, provided that the terminalequipment is of a type directlyconnected to ISDN BRA or PRA as ofJanuary 1, 1996. This terminalequipment may remain connected andbe reconnected to ISDN BRA or PRA forservice life without registration unlesssubsequently modified.

5. Section 68.3 is amended by revisingthe definition of ‘‘Test equipment’’, byremoving in the definition of Zero leveldecoder the words ‘‘See Figure 68.3(j)’’and adding in their place ‘‘See Figure68.3(l)’’, adding the remainingdefinitions in alphabetical order, addingFigure 68.3(m) and revising Figures68.3(a), 68.3(b), and 68.3(l) to read asfollows:

§ 68.3 Definitions.

* * * * *ISDN Basic Rate Interface: A two-wire

interface between the terminalequipment and ISDN BRA. The tip andring leads shall be treated as telephoneconnections for the purpose of fulfillingregistration conditions.

ISDN Primary Rate Interface: A four-wire interface between the terminalequipment and 1.544 Mbps ISDN PRA.The tip, ring, tip-1, and ring-1 leadsshall be treated as telephoneconnections for the purpose of fulfillingregistration conditions.* * * * *

PSDS Type II Analog Mode LoopSimulator Circuit: A circuit simulatingthe network side of the two-wiretelephone connection that is used fortesting terminal equipment to beconnected to the PSDS Type II loops.Figure 68.3(m) shows the type of circuitrequired. Other test circuitconfigurations may be used providedthey operate at the same DC voltage andcurrent characteristics and ACimpedance characteristics presented inthe illustrated circuit. When utilized,the simulator should be operated overthe entire range of loop resistances, andwith the indicated voltage limits andpolarities. Whenever the loop current ischanged, sufficient time shall beallowed for the current to reach asteady-state condition before continuingtesting.

Public Switched Digital Service TypeI (PSDS Type I): This service functions

only in a digital mode. It employs atransmission rate of 56 Kbps on both thetransmit and receive pairs to provide afour-wire full duplex digital channel.Signaling is accomplished using bipolarpatterns which include bipolarviolations.

Public Switched Digital Service TypeII (PSDS Type II): This service functionsin two modes, analog and digital.Analog signaling procedures are used toperform supervisory and addresssignaling over the network. After anend-to-end connection is established,the Switched Circuit Data Service Unit(SCDSU) is switched to the digitalmode. The time compressionmultiplexing (TCM) transmissionoperated at a digital transmission speedof 144 Kbps to provide full-duplex 56Kbps on the two-wire access line.

Public Switched Digital Service TypeIII (PSDS Type III): This servicefunctions only in a digital mode. It usesa time compression multiplexing (TCM)rate of 160 Kbps, over one pair, toprovide two full-duplex channels—an 8Kbps signaling channel for supervisoryand address signaling, and a 64 Kbpsuser data channel on a two-wire accessline.

Switched Circuit Data Service Unit(SCDSU): A CPE device, with PSDSfunctionality, located between theNetwork Interface and the data terminalequipment. (It also is sometimesreferred to as Network ChannelTerminating Equipment).* * * * *

Test Equipment: Equipmentconnected at the customer’s premisesthat is used on the customer’s side ofthe network interfaces to measurecharacteristics of the telephone network,or to detect and isolate acommunications fault between aterminal equipment entity and thetelephone network. Registration isrequired for test equipment capable offunctioning as portable traffic recordedor equipment capable of transmitting orreceiving test tones; except registrationis not required for devices used bytelephone companies solely for networkinstallation and maintenance activitiessuch as hand-held data terminals,linesmen’s handsets, and subscriber linediagnostic devices.* * * * *BILLING CODE 6712–01–P


BILLING CODE 6712–01–C


§ 68.104 [Amended]6. Section 68.104(b), is amended by

removing ‘‘..68.308(a)(4)(i) or (ii)’’, andadding in its place ‘‘..68.308(b)(4)(i) or(ii)’’.

§ 68.112 [Amended]7. Section 68.112(b)(2), is amended by

removing the word ‘‘policy’’, andadding in its place the word ‘‘police’’.

8. Section 68.200, is amendedremoving the words ‘‘two copies’’, andadding in their place the words ‘‘onecopy’’ in the introductory text; andrevising paragraph (d) to read asfollows:

§ 68.200 Application for equipmentregistration.* * * * *

(d) A statement that the terminalequipment or protective circuitrycomplies with and will continue tocomply with the rules and regulationsin subpart D of this part, accompaniedby such test results, description of testprocedures, analyses, evaluations,quality control standards and qualityassurance standards as are necessary todemonstrate that such terminalequipment or protective circuitrycomplies with and will continue tocomply with all the applicable rules andregulations in subpart D of this part. TheCommon Carrier Bureau will publish aRegistration Application Guidereferencing acceptable test procedures;but other test methods may be employedprovided they are fully described in theapplication and are found acceptable bythe Commission.* * * * *

§ 68.208 [Amended]9. Section 68.208(a) is amended by

removing the words ‘‘of this part ofwhich’’, and adding in their place ‘‘ofthis part or which’’.

10. Section 68.211 is added to subpartC to read as follows:

§ 68.211 Registration revocationprocedures.

(a) Cause for revocation. TheCommission may revoke the Part 68registration of a registrant:

(1) Who has obtained the equipmentregistration by misrepresentation;

(2) Whose registered equipment isshown to cause harm to the network;

(3) Who willfully or repeatedly fails tocomply with the terms and conditionsof its Part 68 registration; or

(4) Who willfully or repeatedly fails tocomply with any rule, regulation ororder issued by the Commission underthe Communications Act of 1934relating to equipment registration.

(b) Notice of Intent to Revoke Part 68Registration. Before revoking a Part 68

registration under the provisions of thissection, the Commission, or theCommon Carrier Bureau underdelegated authority, will issue a writtenNotice of Intent to Revoke Part 68Registration, or Joint Notice of ApparentLiability for Forfeiture and Intent toRevoke Part 68 Registration pursuant to§§ 1.80 and 1.89 of this chapter.

(1) Contents of the Notice. The Noticewill:

(i) Identify the registration date(s) andregistration number(s) of the equipment,and the rule or federal law apparentlyviolated;

(ii) Set forth the nature of the act oromission charged against the registrant,and the facts upon which such chargeis based;

(iii) Specify that in the event ofrevocation, the registrant may notreapply for registration of the sameproduct for a period of six months; and

(iv) Specify that revocation of theregistration may be in addition to, or inlieu of, an amount in forfeiture leviedpursuant to § 1.80 of this chapter.

(c) Delivery. The Notice will be sentvia certified mail to the registrant at theaddress certified in the Part 68application associated with theregistration at issue.

(d) Response. The registrant will begiven a reasonable period of time(usually 30 days from the date of theNotice) to show, in writing, why its part68 registration should not be revoked orwhy the forfeiture penalty should not beimposed or should be reduced.

(e) Reapplication. A registrant whoseregistration has been revoked may notapply for registration of the sameproduct for a period of six months fromthe date of revocation of the registration.

(f) Reconsideration or appeal. Aregistrant who is issued a revocation ofequipment registration and/or forfeitureassessment may request reconsiderationor make administrative appeal of thedecision pursuant to Part 1 of theCommission’s rules—Practice andProcedure, Part 1 of this chapter.

11. Section 68.300(c) is added to readas follows:

§ 68.300 Labelling requirements.

* * * * *(c) When the device is so small or for

such use that it is not practical to placethe labelling information specified inparagraphs (a) and (b) of this section,the information required by theseparagraphs shall be placed in aprominent place in user instructions.The FCC Registration Number and thedevice Model Number, however, mustbe displayed on the device. All letteringon the label must be discernible withoutmagnification.

12. Section 68.308 is amended byrevising paragraph (a), addingparagraphs (b)(1)(viii) and (b)(2)(iii),revising paragraph (b)(7)(ii)(C),removing from the table in paragraph(f)(2)(ii) the words ‘‘20 kHz’’ andinserting in their place the words ‘‘120kHz’’, revising paragraph (h)(2)introductory text, Table III in paragraph(h)(2)(ii), the first sentence of paragraph(h)(2)(v), and adding paragraph (h)(3) toread as follows:

§ 68.308 Signal power limitations.(a) General. Limitation on signal

power shall be met at the interface forall 2-wire network ports, tip and ringconductors to PSDS Types II and III,and, where applicable to services, bothtransmit and receive pairs of all 4-wirenetwork ports. Signal powermeasurements will be made usingterminations as specified in each of thefollowing limitations. The transmit andreceive pairs of 4-wire network portsshall be measured with the pair notunder test connected to a terminationequivalent to that specified for the pairunder test. Through-gain limitationsapply only in the direction oftransmission to the network.

(b) * * *(1) * * *(viii) For PSDS (Types I, II and III)

terminal equipment when in the digitalmode of transmission, the maximumequivalent power of any encoded analogsignal (other than live voice) shall notexceed ¥12dBm when averaged overany 3-second interval. The equivalentanalog power shall be derived by a zero-level decoder at the network interface toPSDS (Type II or III) facilities.

(2) * * *(iii) For PSDS (Types I, II and III)

terminal equipment, when in the digitalmode of transmission, the maximumequivalent power of any encoded analogsignal shall not exceed ¥3dBm whenaveraged over any 3-second timeinterval. The equivalent analog signalshall be derived by a zero-level decoderlocated at the network interface to PSDS(Type II or III) facilities.* * * * *

(7) * * *(ii) * * *(C) Except for class A OPS interfaces,

the dc current into the OPS linesimulator circuit must be at least 20 mAfor the following conditions (see Fig.68.3(f)):

R2 + RL

Condition ClassB

ClassC

1 ........................................ 600 1300


R2 + RL—Continued

Condition ClassB

ClassC

2 ........................................ 1800 2500

* * * * *(h) * * *(2) Limitations on Terminal

Equipment Connecting to 1.544 MbpsDigital Services and ISDN PRAServices—

(i) * * *(ii) * * *

TABLE III

Pulse Height (volts) ................... 2.4 to 3.6.Pulse Width (half amplitude)

(nsec).324 +/¥45.

TABLE III—Continued

Maximum rise or fall time; from10% to 90% points (nsec).

100.

* * * * *(v) Encoded analog content. If

registered terminal equipmentconnected to 1.544 Mbps digital serviceor to ISDN PRA service contains ananalog-to-digital converter, or generatessignals in digital form which areintended for eventual conversion tovoiceband analog signals, the encodedanalog content of the subrate channelsof the ISDN information bearingchannels within the 1.544 Mbps signalmust be limited. * * ** * * * *

(3) Pulse Repetition Rate. For PSDS(Type II) the pulse repetition rate shall

be a maximum of 144,000 pulses persecond +/¥5 pulses per second; forPSDS (Type III) the pulse repetition rateshall be a maximum of 160,000 pulsesper +/¥5 pulses per second.

(i) Template for maximum outputpulse. When applied to a 135 ohmresistor the instantaneous amplitude ofthe largest isolated output pulseobtainable from the registered terminalequipment shall fall within the templateof Table IV(A) for PSDS Type II or TableIV(B) for PSDS Type III. The limitingpulse template shall be defined bypassing an ideal 50% duty cyclerectangular pulse within he amplitude/pulse rate characteristics of Table IV(A)or Table IV(B) through a 1-pole low-passfilter with a 3dB frequency of 260 kHz.

(ii) Below is the template formaximum output pulse:

Pulse characteristics Table IV(A) TableIV(B)

Pulse Height +/¥5% ................................................................................................................................. 2.6 volts +/¥5% ................. 2.4. voltsPulse Width—100ns .................................................................................................................................. 3472.2 +/¥150ns ............... 3125 +/¥.Max Rise or Fall Time—microsecond ....................................................................................................... 100ns ................................. 1.2.

(From 10% to 90% points) microsecond ........................................................................................... ............................................ +/¥ 0.2.

* * * * *13. Section 68.310 is amended by revising the table in paragraph (a), the introductory text of paragraph (i), and

paragraph (l) to read as follows:

§ 68.310 Longitudinal balance limitations.

(a) * * *

Paragraph Equipment state Minimumbalance

Frequencyrange

(b) .................................................................................... On-hook .......................................................................... 60 200–1000On-hook .......................................................................... 40 1000–4000Off-hook .......................................................................... 40 200–4000

(c) .................................................................................... On-hook .......................................................................... 60 200–1000On-hook .......................................................................... 40 1000–4000Off-hook .......................................................................... 40 200–4000

(d) .................................................................................... Off-hook .......................................................................... 40 200–4000(e) .................................................................................... On-hook .......................................................................... 60 200–1000Voice Equipment ............................................................. On-hook .......................................................................... 40 1000–4000

Off-hook .......................................................................... 40 200–4000(e) .................................................................................... On-hook .......................................................................... 60 200–1000Data Equipment .............................................................. On-hook .......................................................................... 40 1000–4000

Off-hook .......................................................................... 40 200–4000(f) ..................................................................................... Off-hook .......................................................................... 40 200–4000(g) .................................................................................... On-hook .......................................................................... 60 200–1000

On-hook .......................................................................... 40 1000–4000Off-hook .......................................................................... 40 200–4000

(h) .................................................................................... Off-hook .......................................................................... 40 200–1000(i) ..................................................................................... On-hook .......................................................................... 60 200–1000

On-hook .......................................................................... 40 1000–4000Off-hook .......................................................................... 40 200–4000

(j) ..................................................................................... Off-hook .......................................................................... 40 200–4000

* * * * *(i) Registered terminal equipment and

registered protective circuitry for 4-wirenetwork ports. The pair under test shallbe driven from a 600-ohm metallicsource having a 500-ohm longitudinalimpedance. The pair not under test shall

be terminated in a metallic impedanceof 600-ohms.* * * * *

(l) The maximum balance requirementfor registered terminal equipmentconnected to digital services specified

in Figure 68.310(k) shall be equaled orexceeded for the range of frequenciesapplicable for the equipment under testand under all reasonable conditions ofthe application of earth ground to theequipment. All such terminal


equipment shall have a longitudinalbalance in the acceptable region ofFigure 68.310(k). The metallictermination used for the longitudinalbalance measurements for 2.4, 4.8, 9.6,and 56 Kbps shall be 135 Ohms plus orminus one percent. The metallictermination used for the longitudinalbalance measurements (M–L balance)for subrate, ISDN (BRA) and PSDS shallbe 135 ohms +/¥ 1% and for 1.544Mbps and ISDA (PRA) shall be 100ohms +/¥ 1%. The longitudinaltermination for these measurements (L–M balance) shall be 90 ohms in all cases.* * * * *

14. Section 68.312 is amended byrevising paragraph (b) introductory text,and paragraph (b)(2), removing fromparagraph (c)(2) the words ‘‘paragraph(a)(2)’’ and adding in their place thewords ‘‘paragraph (b)(2)’’, and byrevising paragraph (h), introductorytext, to read as follows:

§ 68.312 On-hook impedance limitations.* * * * *

(b) Limitations on individualequipment intended for operation onloop-start telephone facilities, includingPSDS Type II in the analog mode:* * * * *

(2) Registered terminal equipment andregistered protective circuitry intendedfor use on facilities which will alwayshave ringing detection circuitry in use atthe same time such registered terminalequipment and registered protectivecircuitry is connected need not complywith the 40 kilohms maximumimpedance specification of paragraph(b)(1)(iv) of this section.* * * * *

(h) Limitations on PBX equipmentwith an off-premises interface and directinward dialing (DID). PBX ringingsupplies whose output appears on theoff-premises interface leads shall nottrip when connected to the followingtip-to-ring impedance which terminatesthe off-premises station loop:* * * * *[FR Doc. 96–18480 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 95–44; RM–8602]

Radio Broadcasting Services; FairBluff, NC

AGENCY: Federal CommunicationsCommission.ACTION: Final rule; petition forreconsideration.

SUMMARY: The Chief, Policy and RulesDivision, grants the petition for

reconsideration filed by AtlanticBroadcasting Co., Inc., by imposing a12.7 kilometer (7.9 mile) northeast siterestriction on vacant and now applied-for Channel 287A at Fair Bluff, NorthCarolina. The coordinates for Channel287A at Fair Bluff are 34–21–22 NL; 78–54–36 WL. See 60 FR 44820, August 29,1995. The imposition of the siterestriction could allow Station WDAR-FM, Channel 283C3, Darlington, SouthCarolina, to operate omnidirectionallyand thus increase its service area. Withthis action, this proceeding isterminated.EFFECTIVE DATE: August 15, 1996.FOR FURTHER INFORMATION CONTACT:Leslie K. Shapiro, Mass Media Bureau,(202) 418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’sMemorandum Opinion and Order, MMDocket No. 95–44, adopted July 26,1996, and released August 2, 1996. Thefull text of this Commission decision isavailable for inspection and copyingduring normal business hours in theFCC Reference Center (Room 239), 1919M Street, NW., Washington, DC. Thecomplete text of this decision may alsobe purchased from the Commission’scopy contractor, InternationalTranscription Service, Inc., (202) 857–3800, 2100 M Street, NW., Suite 140,Washington, DC 20037.


Radio broadcasting.Federal Communications Commission.Douglas W. Webbink,Chief, Policy and Rules Division, Mass MediaBureau.[FR Doc. 96–20710 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–134; RM–8538, RM 8589]

Radio Broadcasting Services;Burlington, CO, and Brewster, KS

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: This document adds FMChannel 257C1, Burlington, Colorado, tothe FM Table of Allotments, Section72.202(b) of the Commission’s Rules. Italso rejects a counterproposal by KNAB,Inc. (KNAB) to add that same channelat Brewster, Kansas.DATES: Effective September 9, 1996. Thewindow period for filing applicationswill open on September 9, 1996, andclose on October 10, 1996.

FOR FURTHER INFORMATION CONTACT: R.Barthen Gorman, Mass Media Bureau,(202) 418–2180. Questions related to thewindow application filing process forChannel 257C1 at Burlington, Colorado,should be addressed to the AudioServices Division, FM Branch, (202)418–2700.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Reportand Order, MM Docket No. 94–134,adopted July 19, 1996, and released July26, 1996. The full text of thisCommission decision is available forinspection and copying during normalbusiness hours in the FCC’s ReferenceCenter (Room 239), 1919 M Street, NW.,Washington, DC. The complete text ofthis decision may also be purchasedfrom the Commission’s copycontractors, International TranscriptionService, Inc., (202) 857–3800, located at1919 M Street, NW., Room 246, or 2100M 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 FM

Allotments under Colorado is amendedby adding Channel 257C1 at Burlington.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 96–20712 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–F

NATIONAL AERONAUTICS ANDSPACE ADMINISTRATION

48 CFR Part 1825

Revision to NASA FAR SupplementCoverage on Acquisition of JapaneseProducts and Services

AGENCY: Office of Procurement, ContractManagement Division, NationalAeronautics and Space Administration(NASA).ACTION: Final rule.

SUMMARY: This rule revises the NASAFAR Supplement regarding acquisitionsby NASA when Japanese products or


services are offered. In negotiations withJapan, the U.S. Trade Representative hasremoved NASA from the list of agenciesrequired to acquire Japanese productsand services on a non-discriminatorybasis. Previously, NASA had excludedJapan as a designated country forpurposes of the Trade Agreements Act,but this action was more restrictive thanwas required by the U.S. TradeRepresentative.

Therefore, NASA is revising its policyto apply the Buy American Act and theBalance of Payments Program to thepurchase of Japanese products andservices in all acquisitions, regardless ofdollar value.

EFFECTIVE DATE: This rule is effectiveAugust 15, 1996.

ADDRESSES: Office of Procurement,Contract Management Division (CodeHK), NASA Headquarters, 300 E Street,SW., Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:Mr. Christopher T. Jedrey, (202) 358–0483.


Regulatory Flexibility ActNASA certifies that this final rule will

not have a significant economic impacton a substantial number of small entitiesunder the Regulatory Flexibility Act (5U.S.C. 601 et seq.). This final rule doesnot impose any reporting or recordkeeping requirements subject to thePaperwork Reduction Act.

List of Subjects in 48 CFR Part 1825Government procurement.

Tom Luedtke,Deputy Associate Administrator forProcurement.

Accordingly, 48 CFR Part 1825 isamended as follows:


Authority: 42 U.S.C. 2473(c)(1).

PART 1825—FOREIGN ACQUISITION

2. Section 1825.400 is added to readas follows:

§ 1825.400 Scope of subpart.

For acquisition of Japanese endproducts or services, NASA is not acovered agency. Thus, the BuyAmerican Act and the Balance ofPayments Program apply to all NASAacquisitions where Japanese endproducts or services may be offered,regardless of dollar amount. The TradeAgreements Act and waiver requirementin FAR 25.402(c) do not apply.

§ 1825.401 [Removed]

3. Section 1825.401 is removed.

[FR Doc. 96–20780 Filed 8–14–96; 8:45 am]BILLING CODE 7510–01–M

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

42396

Vol. 61, No. 159



Food and Consumer Service

7 CFR Parts 210, 220, 225, and 226

RIN 0584–AC15

National School Lunch Program,School Breakfast Program, Child andAdult Care Food Program and SummerFood Service Program for Children:Meat Alternates Used in the ChildNutrition Programs

AGENCY: Food and Consumer Service,USDA.ACTION: Proposed rule; extension ofcomment period.

SUMMARY: This action extends thecomment period on the ‘‘MeatAlternates Used in the Child NutritionPrograms’’ proposed rule, published inthe Federal Register (61 FR 35152) onJuly 5, 1996, for 15 days. This extensionwill ensure greater public input whichwill aid the Department in refining thefinal rule.DATES: Comments must be received bySeptember 3, 1996.ADDRESSES: Comments may be mailed toRobert M. Eadie, Chief, Policy andProgram Development Branch, ChildNutrition Division, Food and ConsumerService, USDA, 3101 Park Center Drive,Alexandria, Virginia 22302.FOR FURTHER INFORMATION CONTACT:Robert M. Eadie at the above address orat 703–305–2620.SUPPLEMENTARY INFORMATION: On July 5,1996, the Department published aproposed rule, ‘‘Meat Alternates Used inthe Child Nutrition Programs’’ (61 FR35152), to allow yogurt to be credited asa meat alternate for all meals servedunder the National School LunchProgram, School Breakfast Program,Summer Food Service Program andChild and Adult Care Food Program.The proposal responded to numerousrecommendations for additional meatalternates and, in the interest ofexpediting the promulgation of a finalrule, the Department initially set the

public comment period for 45 days, oruntil August 19, 1995. Concern has beenexpressed that the comment period isnot long enough to allow for informedpublic comment. After carefulconsideration, the Department agreesthat an extension of the comment periodwould best serve the public. Therefore,the Department is extending the officialcomment period for 15 days and willconsider comments postmarked on orbefore September 3, 1996.

Dated: August 9, 1996.Yvette S. Jackson,Acting Administrator.[FR Doc. 96–20843 Filed 8–14–96; 8:45 am]BILLING CODE 3410–30–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–AEA–06]

Proposed Establishment of Class EAirspace; Weedsport, NY

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule wouldestablish Class E Airspace at Weedsport,NY. A Very High Frequency Omni-Directional Range (VOR) DistanceMeasuring Equipment (DME) standardinstrument approach procedure (SIAP),has been developed for WhitfordsAirport, Weedsport, NY. The intendedeffect of this proposal is to provideadequate controlled airspace forInstrument Flight Rules (IFR) operationsto the airport. The area would bedepicted on aeronautical charts for pilotreference.DATES: Comments must be received onor before October 5, 1996.ADDRESSES: Send comments on theproposed rule in triplicate to: Manager,Operations Branch, AEA–530, DocketNo. 96–AEA–06, F.A.A. Eastern Region,Federal Building #111, John F. KennedyInt’l Airport, Jamaica, NY 11430.

The official docket may be examinedin the Office of the Assistant ChiefCounsel, AEA–7, F.A.A. Eastern Region,Federal Building #111, John F. KennedyInternational Airport, Jamaica, NewYork 11430.

An informal docket may also beexamined during normal business hoursin the Operations Branch, AEA–530,F.A.A. Eastern Region, Federal Building#111, John F. Kennedy InternationalAirport, Jamaica, NY 11430.FOR FURTHER INFORMATION CONTACT:Mr. Francis T. Jordan, Jr., AirspaceSpecialist, Operations Branch, AEA–530, F.A.A. Eastern Region, FederalBuilding #111, John F. KennedyInternational Airport, Jamaica, NewYork 11430; telephone: (718) 553–4521.


Comments InvitedInterested parties are invited to

participate in this proposed rulemakingby submitting such written data, views,or arguments as they may desire.Comments that provide the factual basissupporting the views and suggestionspresented are particularly helpful indeveloping reasoned regulatorydecisions on the proposal. Commentsare specifically invited on the overallregulatory, aeronautical, economic,environmental, and energy relatedaspects of the proposal.Communications should identify theairspace docket number and besubmitted in triplicate to the addresslisted above. Commenters wishing theFAA to acknowledge receipt of theircomments on this notice must submitwith those comments a self-addressed,stamped postcard on which thefollowing statement is made:‘‘Comments to Airspace Docket No. 96–AEA–06’’. The postcard will be date/time stamped and returned to thecommenter.

All communications received beforethe specified closing date for commentswill be considered before taking actionon the proposed rule. The proposalcontained in this notice may be changedin the light of comments received. Allcomments submitted will be availablefor examination in the Rules Docketboth before and after the closing date forcomments. A report summarizing eachsubstantive public contact with the FAApersonnel concerned with thisrulemaking will be filed in the docket.

Availability of NPRMsAny person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)by submitting a request to the Office ofthe Assistant Chief Counsel, AEA–7,F.A.A. Eastern Region, Federal Building

42397Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Proposed Rules

#111, John F. Kennedy InternationalAirport, Jamaica, NY 11430.Communications must identify thenotice number of this NPRM. Personsinterested in being placed on a mailinglist for future NPRM’s should alsorequest a copy of Advisory Circular No.11–2A, which describes the applicationprocedure.

The Proposal

The FAA is considering anamendment to Part 71 of the FederalAviation Regulations (14 CFR part 71) toestablish Class E airspace extendingupward from 700 feet above the surface(AGL) at Weedsport, NY. A VOR/DME–A SIAP has been developed forWhitford Airport. Additional controlledairspace extending upward from 700feet above the surface (AGL) is neededto accommodate this SIAP and for IFRoperations at the airport. The areawould be depicted on appropriateaeronautical charts. Class E airspacedesignations for airspace extendingupward from 700 feet above the surfaceare published in Paragraph 6005 of FAAOrder 7400.9C, dated August 17, 1995,and effective September 16, 1995, whichis incorporated by reference in 14 CFR71.1. The Class E airspace designationlisted in this document would bepublished subsequently in the Order.

The FAA has determined that thisproposed regulation only involves anestablished body of technicalregulations for which frequent androutine amendments are necessary tokeep them operationally current.Therefore, this proposed regulation—(1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘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 would only affect airtraffic procedures and air navigation, itis certified that this proposed rulewould not have a significant economicimpact on a substantial number of smallentities under the criteria of theRegulatory Flexibility Act.


Airspace, Incorporation by reference,Navigation (air).

The Proposed Amendment

In consideration of the foregoing, theFederal Aviation Administrationproposes to amend 14 CFR part 71 asfollows:

PART 71—[AMENDED]

1. The authority citation for Part 71continues to read as follows:

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.

2. The incorporation by reference in14 CFR 71.1 of the Federal AviationAdministration Order 7400.9C, datedAugust 17, 1995, and effectiveSeptember 16, 1995, is proposed to beamended as follows:

Paragraph 6005 Class E airspace areasextending upward from 700 feet or moreabove the surface of the earth.

* * * * *

AEA NY E5 Weedsport, NY [New]Witfords Airport, NY

(lat. 43°04′45′′N, long. 76°32′29′′W)

That airspace extending upward from700 feet above the surface within a 6-mile radius of Whitfords Airport.* * * * *

Issued in Jamaica, New York, on August 5,1996.John S. Walker,Manager, Air Traffic Division, Eastern Region.[FR Doc. 96–20833 Filed 8–14–96; 8:45 am]BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–AEA–07]

Proposed Establishment of Class EAirspace; Grundy, VA

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule wouldestablish Class E airspace at Grundy,VA. The development of a newStandard Instrument ApproachProcedure (SIAP) at Grundy MunicipalAirport based on the Global PositioningSystem (GPS) has made this proposalnecessary. The intended effect of thisproposal is to provide adequatecontrolled airspace for Instrument FlightRules (IFR) operations to the airport.The area would be depicted onaeronautical charts for pilot reference.DATES: Comments must be received onor before October 10, 1996.ADDRESSES: Send comments on theproposed rule in triplicate to: Manager,Operations Branch, AEA–530, DocketNo. 96–AEA–07, F.A.A. Eastern Region,Federal Building # 111, John F. KennedyInt’l Airport, Jamaica, NY 11430.

The official docket may be examinedin the Office of the Assistant ChiefCounsel, AEA–7, F.A.A. Eastern Region,Federal Building # 111, John F. Kennedy

International Airport, Jamaica, NewYork 11430.

An informal docket may also beexamined during normal business hoursin the Operations Branch, AEA–530,F.A.A. Eastern Region, Federal Building# 111, John F. Kennedy InternationalAirport, Jamaica, NY 11430.FOR FURTHER INFORMATION CONTACT: Mr.Francis T. Jordan, Jr., AirspaceSpecialist, Operations Branch, AEA–530, F.A.A. Eastern Region, FederalBuilding # 111, John F. KennedyInternational Airport, Jamaica, NewYork 11430; telephone: (718) 553–4521.


Comments InvitedInterested parties are invited to

participate in this proposed rulemakingby submitting such written data, views,or arguments as they may desire.Comments that provide the factual basissupporting the views and suggestionspresented are particularly helpful indeveloping reasoned regulatorydecisions on the proposal. Commentsare specifically invited on the overallregulatory, aeronautical, economic,environmental, and energy relatedaspects of the proposal.Communications should identify theairspace docket number and besubmitted in triplicate to the addresslisted above. Commenters wishing theFAA to acknowledge receipt of theircomments on this notice must submitwith those comments a self-addressed,stamped postcard on which thefollowing statement is made:‘‘Comments to Airspace Docket No. 96–AEA–07’’. The postcard will be date/time stamped and returned to thecommenter.

All communications received beforethe specified closing date for commentswill be considered before taking actionon the proposed rule. The proposalcontained in this notice may be changedin the light of comments received. Allcomments submitted will be availablefor examination in the Rules Docketboth before and after the closing date forcomments. A report summarizing eachsubstantive public contact with the FAApersonnel concerned with thisrulemaking will be filed in the docket.

Availability of NPRMsAny person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)by submitting a request to the Office ofthe Assistant Chief Counsel, AEA–7,F.A.A. Eastern Region, Federal Building# 111, John F. Kennedy InternationalAirport, Jamaica, NY 11430.Communications must identify thenotice number of this NPRM. Persons

42398 Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Proposed Rules

interested in being placed on a mailinglist for future NPRM’s should alsorequest a copy of Advisory Circular No.11–2A, which describes the applicationprocedure.

The ProposalThe FAA is considering an

amendment to Part 71 of the FederalAviation Regulations (14 CFR part 71) toestablish Class E airspace extendingupward from 700 feet above the surface(AGL) at Grundy, VA. A GPS RWY 22SIAP has been developed for GrundyMunicipal Airport. Additionalcontrolled airspace extending upwardfrom 700 feet above the surface (AGL) isneeded to accommodate this SIAP andfor IFR operations at the airport. Thearea would be depicted on appropriateaeronautical charts. Class E airspacedesignations for airspace extendingupward from 700 feet above the surfaceare published in Paragraph 6005 of FAAOrder 7400.9C, dated August 17, 1995,and effective September 16, 1995, whichis incorporated by reference in 14 CFR71.1. The Class E airspace designationlisted in this document would bepublished subsequently in the Order.

The FAA has determined that thisproposed regulation only involves anestablished body of technicalregulations for which frequent androutine amendments are necessary tokeep them operationally current.Therefore, this proposed regulation—(1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘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 would only affect airtraffic procedures and air navigation, itis certified that this proposed rulewould not have a significant economicimpact on a substantial number of smallentities under the criteria of theRegulatory Flexibility Act.

List of Subjects in 14 CFR Part 71Airspace, Incorporation by reference,

Navigation (air).

The Proposed AmendmentIn consideration of the foregoing, the

Federal Aviation Administrationproposes to amend 14 CFR part 71 asfollows:

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.

§ 17.1 [Amended]2. The incorporation by reference in

14 CFR 71.1 of the Federal AviationAdministration Order 7400.9C, datedAugust 17, 1995, and effectiveSeptember 16, 1995, is proposed to beamended as follows:

Paragraph 6005 Class E airspace areasextending upward from 700 feet or moreabove the surface of the Earth.

* * * * *

AEA VA E5 Grundy, VA [New]Grundy Municipal Airport, VA

(lat. 37°13′56′′ N, long. 82°07′30′′ W)That airspace extending upward from

700 feet above the surface within a 6-mile radius of Grundy MunicipalAirport.* * * * *

Issued in Jamaica, New York, on August 5,1996.John S. Walker,Manager, Air Traffic Division, Eastern Region.[FR Doc. 96–20832 Filed 8–14–96; 8:45 am]BILLING CODE 4910–13–M



21 CFR Part 352

[Docket No. 78N–0038]

RIN 0910–AA01

Discussion of the Photochemistry andPhotobiology of Sunscreens; PublicMeeting and Reopening of theAdministrative Record

AGENCY: Food and Drug Administration,HHS.ACTION: Notification of public meetingand reopening of the administrativerecord.

SUMMARY: The Food and DrugAdministration (FDA) is announcing apublic meeting to obtain data andinformation on the photochemistry andphotobiology of sunscreens. Meetingattendees are invited to address issuesdescribed in this notice. In addition,FDA is reopening the administrativerecord for the proposed rulemaking forover-the-counter (OTC) sunscreen drugproducts to allow for comment onmatters considered in this notice and atthe meeting. This meeting is part of theongoing review of OTC drug productsconducted by FDA.DATES: The meeting will be held onSeptember 19 and 20, 1996, 8:30 a.m.Submit notice of participation bySeptember 6, 1996. Submit commentsregarding matters discussed in this

notice or raised at the meeting byDecember 6, 1996. The administrativerecord will remain open until December6, 1996.ADDRESSES: Submit notice ofparticipation, and written comments tothe Dockets Management Branch (HFA–305), Food and Drug Administration,12420 Parklawn Dr., rm. 1–23,Rockville, MD 20857. The meeting willbe held at the Doubletree Hotel, Plaza Iand II, 1750 Rockville Pike, Rockville,MD 20852, 301–468–1100.FOR FURTHER INFORMATION CONTACT:Donald Dobbs, Center for DrugEvaluation and Research (HFD–560),Food and Drug Administration, 5600Fishers Lane, Rockville, MD 20857,301–827–2222, FAX 301–827–2316.SUPPLEMENTARY INFORMATION:

I. BackgroundThe agency believes that the use of

sunscreen products is helpful as acomponent of a regimen for sunprotection. A joint panel of theAmerican Academy of Dermatology andthe Centers for Disease Control andPrevention recently recommended theuse of sunscreen products in addition tolimiting exposure to ultraviolet (UV)radiation, wearing protective clothing,avoiding artificial tanning devices, andseeking shade when your shadow isshorter than your height (Ref. 1).

The agency is not at this timeproposing to amend the tentative finalmonograph for OTC sunscreen drugproducts published on May 12, 1993 (58FR 28194), and this notice does notintend to imply concerns aboutsunscreen agents as a class. However,recent scientific advances inunderstanding of the photochemistryand photobiology of sunscreen activeingredients have raised issues fordiscussion regarding use of sunscreeningredients singly and in combinations;specifically, about zinc oxide andtitanium dioxide. The agency is seekingto incorporate these recent scientificadvances into the base of regulatoryinformation supporting the finalmonograph for OTC sunscreen drugproducts.

II. Request for Data and Information

A. Photostability and photobiology oftitanium dioxide and zinc oxide

In the Federal Register of August 25,1978 (43 FR 38206), the agencypublished an advance notice ofproposed rulemaking to establish amonograph for OTC sunscreen drugproducts based on the report andrecommendations of the AdvisoryReview Panel on OTC TopicalAnalgesic, Antirheumatic, Otic, Burn,


and Sunburn Prevention and TreatmentDrug Products (the Panel). In its report(43 FR 38206 at 38250), the Panel statedthat titanium dioxide is recognized asan effective opaque chemical for use asa physical sunscreen because it reflectsand scatters both UV (290 to 400nanometers (nm)) and visible light (400to 700 nm) radiation, rather thanabsorbing the rays, thereby providing abarrier for sun-sensitive individuals.The Panel concluded that titaniumdioxide was both safe and effective forsunscreen use. The Panel classified zincoxide as an inactive ingredient (43 FR38206 at 38208) and did not review itfor safety and effectiveness.

In the tentative final monograph forOTC sunscreen drug products (58 FR28194), the agency concurred with thePanel’s recommendation on titaniumdioxide and proposed to classify it as aCategory I (generally recognized as safeand effective) sunscreen used alone orin combination with other Category Isunscreens (58 FR 28194 at 28295 to28296). The agency reviewed the dataon zinc oxide that had been submittedto the Panel (one study) and otheravailable data and concluded that thedata were insufficient to determineeffectiveness. The agency classified zincoxide as a Category III (available dataare insufficient to classify as safe andeffective and further testing is required)sunscreen (58 FR 28194 at 28213). Theagency is currently evaluatingadditional effectiveness data to supportCategory I status for zinc oxide in thefinal monograph for OTC sunscreendrug products.

There has been a renewed interest inincorporating titanium dioxide and zincoxide in sunscreen formulationsbecause these ingredients may conferprotection for a broad range of the UVspectrum. In addition, ultra-fine formsof these ingredients have beendeveloped that are more estheticallypleasing (Refs. 2, 3, and 4).

Sunscreens have been generallyclassified as chemical (organic) orphysical (inorganic), depending onwhether they absorb specificwavelength bands of UV radiation orreflect and scatter UV radiation.Although titanium dioxide and zincoxide have been described aschemically inert ingredients thatattenuate through reflection andscattering, new data and informationindicate that they also absorb UVradiation, as well as scatter visible light(Ref. 5). Various authors (Refs. 5 through10) have shown that these ingredientsexhibit a semiconductor opticalabsorption gap. They absorb mostradiation at wavelengths shorter thanthe gap (approximately 380 nm) and

scatter radiation at wavelengths longerthan the gap. When titanium dioxideand zinc oxide are irradiated with lightcontaining energy greater than the gap(approximately 3 electron volts), anelectron from the valence band can beexcited to the conduction band, thuscreating an electron-hole pair. Becauseof these semiconductor properties,titanium dioxide and zinc oxide havebeen used as photocatalysts to degradeorganic substances and pesticides in theenvironment (Refs. 11 through 15). Inaddition, titanium dioxide is beingcurrently developed as a photooxidativeself-cleaning and/or biocidal coating forindustrial surfaces (Ref. 16).

In vitro, it has been demonstrated thattitanium dioxide in the presence of UVradiation can be cytotoxic to certaincancer cells (HeLa cells and T–24human bladder cancer cells) eventhough titanium dioxide or UV radiationalone were nontoxic under studyconditions (Refs. 17 and 18). Becausethese cells are transformed cell linesand are not normal human cells, therelevance of these in vitro findings tosunscreen use by humans (i.e., insunlight) is not known for zinc oxideand titanium dioxide.

Mineral components, particle size,surface area, crystalline structure,particle coatings, pH of the medium,differences in the refractive index ofmedium, and other properties of theformulation may affect the photocatalystproperties of titanium dioxide (Refs. 2through 5 and 19 through 22). Thesecharacteristics are not mentioned in theUnited States Pharmacopeia (USP)compendial monographs, which containno discussion of trace ions that mayaffect the absorption band gap betweenthe valence and conduction bands orelectronic energy levels, e.g., the rangeof wavelengths that are absorbed.

The agency would like to receiveinformation and data that address thefollowing issues: (1) Characterize thepotential systemic absorption and long-term safety of the topical application oftitanium dioxide and/or zinc oxide insunscreen drug products; (2) ascertainwhether titanium dioxide and/or zincoxide in sunscreen drug products can,under conditions of combination withcertain ingredients, time, temperature,and/or exposure to water,photocatalyze. If so, determine whetherthis occurs at a rate such that theeffectiveness of the sunscreen drugproducts would be significantlyreduced; and (3) determine whethercurrent compendial monographspecifications are sufficient to ensuremanufacture of safe and effectivetitanium dioxide and/or zinc oxide insunscreen drug products.

B. Photochemistry and photobiology ofsunscreen ingredients alone and incombination

In the advance notice of proposedrulemaking for OTC sunscreen drugproducts (43 FR 38206), the Panelrecommended that 21 ingredients beconsidered generally recognized as safeand effective as OTC sunscreens. Basedon the available data, the Paneldetermined that these sunscreens couldbe used alone or in any combination(without reference to final formulation)as long as the finished product has aminimum sun protectant factor (SPF) of2. For the majority of these ingredients,the available data consisted of short-term animal and human toxicity studieson individual ingredients in the absenceof UV radiation.

In the tentative final monograph forOTC sunscreen drug products (58 FR28194), the agency concurred with mostof the Panel’s recommendations andclassified 20 of the 21 ingredients asCategory I sunscreens when used aloneor in combination with other Category Isunscreens (58 FR 28194 at 28295 to28296). Padimate A was classified asCategory II (concentrations 5 percent orhigher) and Category III (concentrationsless than 5 percent) on the basis of dataand information on its phototoxicitythat was not available to the Panel at thetime of its review (58 FR 28194 at28211).

Consumers’ increased awareness ofthe need to protect themselves againstthe harmful effects of both UVA (320 to400 nm) and UVB (290 to 320 nm)radiation has created a demand forsunscreen products with higher SPF’sand better broad-spectrum (290 to 400nm) protection of longer duration.Manufacturers have responded bycreating products with higher SPF’s thatclaim to provide protection against bothUVA and UVB radiation. Manufacturingproducts with such characteristics oftenrequires that the products containcombinations of several Category Isunscreen ingredients (usually three ormore) that absorb over different parts ofthe UV spectrum.

The agency is interested in thephotostability of sunscreen ingredientsand the effects that a lack of stabilitycould have on these sunscreen products.Some sunscreen ingredients mayundergo photodegradation (Refs. 23through 29), producing byproductswhich may affect product safety oreffectiveness (Refs. 30 through 35).Photodegradation of some activesunscreen ingredients may occur in thepresence of certain inactive ingredients(Refs. 36 and 37).


Therefore, the agency is interested inphotostability methodologies forsunscreen ingredients. The agencywould like to know how to test thephotostability of sunscreen ingredientsand to characterize potential byproductsin sunscreen product combinations andin different formulations.

The agency is interested in data andinformation on the following issues: (1)The potential of active sunscreeningredients, alone and in combination,to interact in the presence of UVradiation and/or certain inactiveingredients; (2) characterization ofpotential byproducts of suchinteractions and description of impact,if any, on safety or effectiveness of finalsunscreen formulations; and (3)descriptive measurement methods andcharacterization of local or possiblesystemic effects in vivo.

The agency has concluded that itwould be in the public interest to holda public meeting, in accordance with 21CFR 10.65, to discuss the issuesassociated with the photochemistry andphotobiology of sunscreens. Theproposed rulemaking for OTC sunscreendrug products involves 21 CFR parts352, 700, and 740; however, thediscussion at the public meeting will belimited to proposed part 352, i.e.,sunscreens for use as OTC drugs.

Any individual or group interested inmaking a presentation at the meetingshould contact Donald Dobbs (addressabove). Presentations should onlyaddress the issues listed in this notice.Persons interested in participating inthe meeting must also send a notice ofparticipation on or before September 6,1996, to the Dockets ManagementBranch (address above). All notices ofparticipation submitted should beidentified with the docket numberfound in brackets in the heading of thisnotice and should contain the followinginformation: Name, address, telephonenumber, business affiliation, if any, ofthe person desiring to make apresentation, summary of thepresentation, and the approximateamount of time requested for thepresentation.

Groups having similar interests arerequested to consolidate their commentsand present them through a singlerepresentative. Depending on the timeavailable and the number ofparticipants, FDA may require jointpresentations by persons with commoninterests. After reviewing the notices ofparticipation, FDA will notify eachparticipant of the schedule and timeallotted to each person.

The administrative record for the OTCsunscreen drug products rulemaking isbeing reopened to specifically allow for

comments on matters raised in thisnotice and at the meeting. The agencyrequests data and information regardingthe photochemistry and photobiology ofsunscreens from any interested person.Any individual or group may, on orbefore December 6, 1996, submit to theDockets Management Branch (addressabove), comments and data specificallylimited and relevant to the issues in thisnotice or addressed at the meeting. Twocopies of any comments are to besubmitted, except that individuals maysubmit one copy. All comments are tobe identified with the docket numberfound in brackets in the heading of thisdocument. The administrative recordwill remain open until December 6,1996.

References


1. Goldsmith, L., et al., ‘‘Proceedings fromthe National Conference to Develop aNational Skin Cancer Agenda,’’ Journal of theAmerican Academy of Dermatology, 34:822–3, 1996.

2. Catlow, B., ‘‘Formulating With UltrafineTiO2,’’ Seifen Oele Fette Wachse, 119:497–500, 1993.

3. Alexander, P., ‘‘Ultrafine TitaniumDioxide Makes the Grade,’’ ManufacturingChemist, 62:21,23, 1991.

4. Brown, M. W., and E. Galley, ‘‘TestingUVA and UVB Protection from MicrofineTitanium Dioxide,’’ Cosmetics and Toiletries,105:69–73, 1990.

5. Sayre, T., et al., ‘‘Physical Sunscreens,’’Journal of the Society of Cosmetic Chemists,41:103–109, 1990.

6. Fox, M. A., ‘‘Mechanistic Photocatalysisin Organic Synthesis,’’ ‘‘Photocatalysis:Fundamentals and Applications,’’ John Wiley& Sons, New York, NY, pp. 421–455, 1989.

7. Russell, J., et al., ‘‘The Assessment of theOH Scavenging Action of TherapeuticAgents,’’ Journal of Pharmaceutical &Biomedical Analysis, 12:863–866, 1994.

8. Harbour, J. H., J. Tromp, and M. L. Hair,‘‘Photogeneration of Hydrogen Peroxide inAqueous TiO2 Dispersions,’’ CanadianJournal of Chemistry, 63:204–208, 1985.

9. Rao, M. V., et al., ‘‘PhotosynthesisProduction of H2 and H2O2 onSemiconducting Oxide Grains in AqueousSolutions,’’ Journal of Physical Chemistry,84:1987–91, 1980.

10. Schwitzgebel, J., et al., ‘‘Role of OxygenMolecule and the Photogenerated Electron inTiO2–Photocatalyzed Air OxidationReactions,’’ Journal of Physical Chemistry,99:5633–38, 1995.

11. Hidaka, H., et al., ‘‘Photodegradation ofSurfactants. XV: Formation of SO42–Ions inthe Photooxidation of Sulfur-ContainingSurfactants,’’ Chemosphere, 29:2619–2624,1994.

12. Minero, C., et al., ‘‘PhotocatalyzedTransformation of Nitrobenzene on TiO2 andZnO,’’ Chemosphere, 28:1229–1244, 1994.

13. Dieckmann, M. S., K. A. Gray, and P.V. Kamat, ‘‘Photocatalyzed Degradation ofAdsorbed Nitrophenolic Compounds onSemiconductor Surfaces,’’ Water ScienceTechnology, 25:277–279, 1992.

14. Mak, M. K. S., and S. T. Hung,‘‘Degradation of Neat and CommercialSamples of Organophosphate Pesticides inIlluminated TiO2 Suspensions,’’ Toxicologyand Environmental Chemistry, 36:155–168,1992.

15. Borello, R., et al., ‘‘PhotocatalyticDegradation of DDT Mediated in AqueousSemiconductor Slurries by SimulatedSunlight,’’ Environmental Toxicology andChemistry, 8:997–1002, 1989.

16. Heller, A., ‘‘Chemistry andApplications of Photocatalytic Oxidation ofThin Organic Films,’’ Accounts of ChemistryResearch, 28:503–508, 1995.

17. Cai, R., et al., ‘‘Induction ofCytotoxicity by Photoexcited TiO2 Particles,’’Cancer Research, 52:2346–2348, 1992.

18. Kubota, Y., et al., ‘‘Photokilling of T–24 Human Bladder Cancer Cells WithTitanium Dioxide,’’ British Journal of Cancer,70:1107–1111, 1994.

19. Anonymous, ‘‘Formulators Fine–TuneTi02–Based Screens,’’ ManufacturingChemist, 64:26,27,29, 1993.

20. Tichy, S., ‘‘Transparent TiO2 for UVProtection,’’ Seifen Oele Fette Wachse,118:612–620, 1992.

21. Ortyl, T. T., and G. E. Peck, ‘‘SurfaceCharge of Titanium Oxide and Its Effect onDye Adsorption and Aqueous SuspensionStability,’’ Drug Development and IndustrialPharmacy, 17:2245–2268, 1991.

22. Macleod, T. M., and W. Fran-Bell,‘‘Study of Physical Light Screening Agents,’’British Journal of Dermatology, 92:149–156,1975.

23. Roscher, N. M., et al.,‘‘Photodecomposition of Several CompoundsCommonly Used as Sunscreen Agents’’Journal of Photochemistry, Photobiology, andChemistry, 80:417–21, 1994.

24. Comment SUP20, Docket No. 78N–0038, Dockets Management Branch.

25. Deflandre, A., and G. Lang,‘‘Photostability Assessment of Sunscreens;Benzylidene Camphor andDibenzoylmethane Derivatives,’’International Journal of Cosmetic Science,10:53–62, 1988.

26. Flindt–Hansen, H., C. J. Nielsen, and P.Thune, ‘‘Measurements of thePhotodegradation of PABA and Some PABADerivatives,’’ Photodermatology, 5:257–261,1988.

27. Stenberg, C., T. Mellstrand, and O.Larko, ‘‘Stability of PABA after UV RadiationIn Vivo and In Vitro,’’ Photodermatology,4:201–204, 1987.

28. Gasparro, F. P., ‘‘UV–Induced PhotoProducts of Para-Aminobenziod Acid,’’Photodermatology, 2:151–157, 1985.

29. Broadbent, J. K., et al., ‘‘CapillarySupercritical Fluid ChromatographyCombined With Atmospheric PressureChemical Ionisation Mass Spectrometry forthe Investigation of Photoproduct Formationin the Sunscreen Absorber 2-Ethylhexyl-p-


Methoxycinnamate,’’ Journal ofChromatography A, 732:101–110, 1996.

30. Schallreuter, K. U., et al., ‘‘OxybenzoneOxidation Following Solar Irradiation ofSkin: Photoprotection Verses AntioxidantInactivation,’’ Journal of InvestigativeDermatology, 106:583–586, 1996.

31. Gasparro, F. P., ‘‘The Molecular Basisof UV–Induced Mutagenicity of Sunscreens,’’FEBS letters, 336:184–185, 1993.

32. Knowland, J. S., ‘‘Reply of Dr.Knowland to Gasparro’s Comment,’’ FEBSletters, 336:186, 1993.

33. Knowland, J., et al., ‘‘Sunlight-InducedMutagenicity of a Common SunscreenIngredient’’ FEBS letters, 324:309–313, 1993.

34. Shimoi, K., et al., ‘‘Enhancing Effects ofCinoxate and Methyl Sinapate on theFrequencies on Sister-Chromatid Exchangesand Chromosome Aberrations in CulturedMammalian Cells,’’ Mutation Research,212:213-221, 1989.

35. Gallagher, C. H., et al., ‘‘UltravioletCarcinogenesis in the Hairless Mouse Skin;Influence of the Sunscreen 2-Ethylhexyl-P-Methoxycinnamate,’’ Australian Journal ofExperimental Biology & Medical Science,62:577–588, 1984.

36. Shaath, N. A., H. M. Fares, and K. K.Klien, ‘‘Photodegradation of SunscreenChemicals: Solvent Considerations,’’Cosmetics & Toiletries, 105:41–44, 1990.

37. Agrapidis-Paloympis, L. E., R. A. Nash,and N. A. Shaath, ‘‘The Effect of Solvents onthe Ultraviolet Absorbance of Sunscreens,’’Journal of the Society of Cosmetic Chemists,38:209–221, 1987.


DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 31, 35a, 301, 502, 503,509, 513, 514, 516, 517, 520 and 521

[INTL–062–90; INTL–0032–93; INTL–52–86;INTL–52–94]RIN 1545–AO27; 1545–AR90; 1545–AL99;1545–AT00

General Revision of RegulationsRelating to Withholding of Tax onCertain U.S. Source Income Paid toForeign Persons and RelatedCollection, Refunds, and Credits;Revision of Information Reporting andBackup Withholding Regulations; andRemoval of Regulations Under Part35a and of Certain Regulations UnderIncome Tax Treaties; Correction

AGENCY: Internal Revenue Service (IRS),Treasury.ACTION: Correction to notice of proposedrulemaking.

SUMMARY: This document containscorrections to the notice of proposedrulemaking (INTL–062–90; INTL–0032–93; INTL–52–86; INTL–52–94) whichwas published in the Federal Registerfor Monday, April 22, 1996 (61 FR17614). The notice of proposedrulemaking relates to the withholding ofincome tax under sections 1441 and1442 on certain U.S. source income paidto foreign persons, the related taxdeposit and reporting requirementsunder section 1461, and the relatedcollection, refunds, and credits ofwithheld tax under sections 1461through 1463 and section 6402. Inaddition, the notice of proposedrulemaking also relates to the statutoryexemption under sections 871(h) and881(c) for portfolio interest. The noticeof proposed rulemaking proposes toremove certain temporary employmenttax regulations under the Interest andDividend Compliance Act of 1983 andto amend existing regulations undersections 6041A and 6050N. The noticeof proposed rulemaking also proposeschanges to proposed regulationscontained in project number INTL–52–86, published on February 29, 1988 (53FR 5991) under sections 6041, 6042,6045, and 6049. The document proposesrelated changes to the regulations undersections 163(f), 165(j), 3401, 3406, 6114,and 6413 and proposes further changesto the proposed regulations undersection 6109 contained in projectnumber IL–0024–94 published on June8, 1995 (60 FR 30211). The documentproposes to remove certain regulationsunder income tax treaties.FOR FURTHER INFORMATION CONTACT:Philip Garlett, (202) 622–3880 forquestions on proposed regulationsunder sections 1441, 1442, 1461, 1462,1463, 3401, 6402, and 6413; GwendolynStanley, (202) 622–3860 for questionson payments to partnerships; CarlCooper, (202) 622–3840 for questions onproposed regulations under section163(f), 165(j), 871(h) and 881(c) and onwithholding agreements; TeresaBurridge Hughes, (202) 622–3880 forquestions on proposed regulationsunder section 6041 through 6049,6050N; Teresa Burridge Hughes, (202)622–3880 and Renay France, (202) 622–4910 for questions on proposedregulations under section 3406; ElissaShendalman, (202) 622–3870 onproposed regulations under sections6045 and 6049 relating to the reportingof payments made in a currency otherthan the U.S. dollar or transactionssubject to section 988; Lilo Hester, (202)874–1490 for questions on proposedregulations under section 6109; David F.Bergkuist, (202) 622–3860 for questions

on proposed regulations under section6114 (numbers are not toll-free).


BackgroundThe notice of proposed rulemaking

that is the subject of these correctionsare under sections 163(f), 165(j), 871,881, 1441, 1442, 1461, 1462, 1463, 3401,3406, 6041, 6041A, 6042, 6045, 6049,6050N, 6109, 6114, 6402, and 6413 ofthe Internal Revenue Code.

Need for CorrectionAs published, the notice of proposed

rulemaking (INTL–062–90; INTL–0032–93; INTL–52–86; INTL–52–94) containerrors which may prove to bemisleading and are in need ofclarification.

Correction of PublicationAccordingly, the publication of the

notice of proposed rulemaking (INTL–062–90; INTL–0032–93; INTL–52–86;INTL–52–94) which is the subject of FRDoc. 96–8936 is corrected as follows:

1. On page 17619, column 1, in thepreamble following the paragraphheading ‘‘Section 1.165–12 Denial ofDeduction for Losses on Registration-Required Obligations Not in RegisteredForm’’, the last line in the firstparagraph is corrected to read ‘‘inSection 35a.9999–4T, A–5 that theperson is not a U.S. person.’’, and theitalicized heading preceding the secondparagraph is removed.

2. On page 17621, column 1, in thepreamble following the paragraphheading ‘‘Section 1.1441–1 Requirementfor the Withholding of Tax on Paymentsto Foreign Persons’’, line 16 from the topof the column, the language ‘‘continueto apply trusts. See § 1.1441-’’ iscorrected to read ‘‘continue to apply totrusts. See § 1.1441-’’.

3. On page 17621, column 3, in thepreamble following the paragraphheading ‘‘Section 1.1441–1 Requirementfor the Withholding of Tax on Paymentsto Foreign Persons’’, the second fullparagraph, line 3 from the bottom of theparagraph, the language ‘‘§ 1.9999–5(b),A9 and that are proposed’’ is correctedto read ‘‘§ 35a.9999–5(b), A–9 and thatare proposed’’.

4. On page 17626, column 3, in thepreamble following the paragraphheading ‘‘Section 1.1441–4 CertainExemptions From Withholding’’ the firstfull paragraph, line 11, the language‘‘(which expired on February, 1993). A’’is corrected to read ‘‘(which expired onFebruary 2, 1993). A’’.

5. On page 17628, column 2, in thepreamble under the paragraph heading‘‘Section 1.1441–7 General ProvisionsRelating to Withholding Agents’’, the


italicized second paragraph from thebottom of the column, is corrected toread as follows:

Section 1.1441–7(b)(3) of the existingregulations is proposed to be removed,pending comments on the continuingnecessity of providing guidance on tax-free covenant bonds.

6. On page 17630, column 2, in thepreamble under the paragraph heading‘‘Section 1.1461–1 Deposit and Returnof Tax Withheld’’, the last twoparagraphs under that paragraphheading are merged.

7. On page 17632, column 1, in thepreamble following the paragraphheading ‘‘Section 31.3401(a)(6)–1(e)Income Exempt From Income Tax’’, line18 from the top of the column, thelanguage ‘‘withholding certificateshould to be’’ is corrected to read‘‘withholding certificate should be’’.

§ 1.871–14 [Corrected]

8. On page 17633, column 2, § 1.871–14 (a), line 4 from the top of the column,the language ‘‘871(h) or 882(a) if suchinterest is’’ is corrected to read ‘‘871(b)or 882(a) if such interest is’’.


9. On page 17635, column 1,§ 1.1441–1 (b), line 10, the language ‘‘oftax and for the withholding agent’’ iscorrected to read ‘‘of tax and for whichthe withholding agent’’.

10. On page 17636, column 2,§ 1.1441–1 (c)(6)(ii)(B), line 17 from thetop of the column, the language‘‘payments made to a single foreignentity’’ is corrected to read ‘‘paymentsmade to a single foreign entity’’.

11. On page 17637, column 3,§ 1.1441–1 (e)(3)(ii)(E), line 1, thelanguage ‘‘If the information is notassuming’’ is corrected to read ‘‘If thequalified intermediary is not assuming’’.

12. On page 17638, column 2,§ 1.1441–1 (e)(4)(ii)(B), line 10, thelanguage ‘‘1(c)(2)(ii) or the taxpayeridentifying’’ is corrected to read‘‘1(c)(2)(i) or the taxpayer identifying’’.

13. On page 17641, column 2,§ 1.1441–1 (f)(3)(i), line 4, the language‘‘is presumed made to a U.S. person ifthe’’ is corrected to read ‘‘is presumedmade to a U.S. person unless the’’.


14. On page 17645, column 3,§ 1.1441–3 (e)(2), line 17, the language‘‘dollar amounts withheld from year to’’is corrected to read ‘‘dollar amountswithheld and from year to’’.


15. On page 17647, column 2,§ 1.1441–4 (b)(2)(ii) introductory text,line 6, the language ‘‘the penalties of

perjury, and contain the’’ is corrected toread ‘‘penalties of perjury, and containthe’’.

16. On page 17648, column 2,§ 1.1441–4 (f)(2), line 3, the language ‘‘adate that is 60 days after the date these’’is corrected to read ‘‘the date that is 60days after the date these’’.

§ 1.1441–6 [Corrected]17. On page 17649, column 3,

§ 1.1441–6 (b)(1), line 22 from the top ofthe column, the language ‘‘meaning ofsection 267(b) and 707(b),’’ is correctedto read ‘‘meaning of section 267(b) or707(b),’’.

18. On page 17649, column 3,§ 1.1441–6 (b)(1), lines 31 and 32 fromthe top of the column, the language‘‘this chapter. See paragraph (d) of thissection for circumstances under which’’is corrected to read ‘‘this chapter. See§ 1.1441–1(e)(4)(v) for circumstancesunder which’’.


§ 1.1461–2 (a)(2)(ii), line 8, the language‘‘must provide a copy or such receiptto’’ is corrected to read ‘‘must providea copy of such receipt to’’.


§ 1.6041–1 (a)(1)(ii), line 14, thelanguage ‘‘royalties); or section 6050P(a)or (b)’’ is corrected to read ‘‘royalties);or section 6050P(a) and (b)’’.


§ 1.6041–4 (b)(1), line 8, the language‘‘middleman. The term middleman’’ iscorrected to read ‘‘middleman and theterm middleman’’.

22. On page 17658, column 3,§ 1.6041–4 (d), line 10, the language‘‘furnished such certification or’’ iscorrected to read ‘‘furnished requiredcertification or’’.


amendatory instruction 4. under ‘‘Par.34.’’, is corrected to read as follows:

4. Revising paragraph (g)(1) heading;removing paragraph (g)(1) introductorytext; and revising paragraphs (g)(1)(i)and (g)(2) through (g)(4).

24. On page 17661, column 2,§ 1.6045–1 (g)(4)(ii), last line in thecolumn, the language ‘‘holds a validForm W–8 on a date that’’ is correctedto read ‘‘holds a valid Form W–8 on thedate that’’.


§ 1.6049–4 (c)(1)(ii)(A)(6), line 2 fromthe top of the column, the language

‘‘established on or before a date that is60’’ is corrected to read ‘‘established onor before the date that is 60’’.


26. On page 17664, column 1,§ 1.6049–5 (g)(2), line 2, the language‘‘holds a valid Form W–8 on a date that’’is corrected to read ‘‘holds a valid FormW–8 on the date that’’.

§ 1.6050N–1 [Corrected]

27. On page 17664, column 3,§ 1.6050N–1 (e)(2), line 2, the language‘‘holds a valid Form W–8 on a date that’’is corrected to read ‘‘holds a valid FormW–8 on the date that’’.

§ 31.3406(g)-1 [Corrected]

28. On page 17665, column 2,§ 31.3406(g)-1 (e), line 10, the language‘‘evidence described in § 1.6049–5(2)(ii)’’ is corrected to read ‘‘evidencedescribed in § 1.6049–5(c)(2)(ii)’’.

§ 301.6114–1 [Corrected]

29. On page 17666, column 2,amendatory instruction 3. under ‘‘Par.49.’’ is corrected to read as follows:

3. Revising paragraphs (c)(1) and(d)(4)(v).

The revisions read as follows:

§ 301.6114–1 [Corrected]

30. On page 17666, column 3,§ 301.6114–1 (a)(1)(ii), line 7 from thetop of the column, the language ‘‘underthe penalties of perjury (as well’’ iscorrected to read ‘‘under penalties ofperjury (as well’’.Cynthia E. Grigsby,Chief, Regulations Unit, Assistant ChiefCounsel (Corporate).[FR Doc. 96–20665 Filed 8–14–96; 8:45 am]BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 300

[FRL–5552–3]

National Oil and HazardousSubstances Pollution ContingencyPlan; National Priorities List

AGENCY: Environmental ProtectionAgency.ACTION: Notice of Intent to DeleteUSDOE Hanford 1100 Area from theNational Priorities List Update: Requestfor Comments.

SUMMARY: The Environmental ProtectionAgency (EPA) Region 10 announces itsintent to delete the USDOE Hanford1100 Area from the National PrioritiesList (NPL) and requests public comment


on this proposed action. The NPLconstitutes Appendix B of 40 CFR Part300 which is the National Oil andHazardous Substances PollutionContingency Plan (NCP), which EPApromulgated pursuant to Section 105 ofthe Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct (CERCLA) of 1980, as amended.EPA and the State of WashingtonDepartment of Ecology (Ecology) havedetermined that the Site poses nosignificant threat to public health or theenvironment and, therefore, furtherremedial measures pursuant to CERCLAare not appropriate.DATES: Comments concerning this Sitemay be submitted on or beforeSeptember 16, 1996.ADDRESSES: Comments may be mailedto: Dave Einan, EnvironmentalProtection Agency, 712 Swift Boulevard,Suite 5, Richland, Washington 99352.

Comprehensive information on thisSite is available through the publicdocket which is available for viewing atthe information repository at thefollowing location: DOE RichlandPublic Reading Room, Washington StateUniversity, Tri-Cities, 100 Sprout Road,Room 130, Richland, Washington99352.FOR FURTHER INFORMATION CONTACT:Dave Einan, U.S. EPA Region 10, 712Swift Boulevard, Suite 5, Richland,Washington 99352, (509) 376–3883.


Table of ContentsI. IntroductionII. NPL Deletion CriteriaIII. Deletion ProceduresIV. Basis of Intended Site Deletion

I. Introduction

The Environmental Protection Agency(EPA) Region 10 announces its intent todelete USDOE Hanford 1100 Area fromthe National Priorities List (NPL),Appendix B of the National Oil andHazardous Substances PollutionContingency Plan (NCP), 40 CFR Part300, and request comments thisdeletion. EPA identifies sites on theNPL that appear to present a significantrisk to human health or theenvironment. As described in§ 300.425(e)(3) of the NCP, sites deletedfrom the NPL remain eligible forremedial actions in the unlikely eventthat conditions at the site warrant suchaction.

EPA will accept comments on theproposal to delete this Site for thirtydays after publication of this documentin the Federal Register.

Section II of this document explainsthe criteria for deleting sites from the

NPL. Section III discusses proceduresthat EPA is using for this action. SectionIV discusses the Hanford 1100 Area Siteand explains how the Site meets thedeletion criteria.

II. NPL Deletion Criteria

Section 300.425(e) of the NCPprovides that releases may be deletedfrom, or recategorized on the NPL whereno further response is appropriate. Inmaking a determination to delete arelease from the NPL, EPA shallconsider, in consultation with the state,whether any of the following criteriahave been met:

(i) Responsible parties or other partieshave implemented all appropriateresponse actions required;

(ii) All appropriate response underCERCLA has been implemented, and nofurther action by responsible parties isappropriate; or

(iii) The remedial investigation hasshown that the release poses nosignificant threat to public health or theenvironment and, therefore, taking ofremedial measures is not appropriate.

Even if a site is deleted from the NPL,where hazardous substances, pollutants,or contaminants remain at the site abovelevels that allow for unlimited use andunrestricted exposure, EPA’s policy isthat a subsequent review of the site willbe conducted at least every five yearsafter the initiation of the remedial actionat the site to ensure that the site remainsprotective of public health and theenvironment. In the case of this Site,where maintenance of a landfill cap andcontinued groundwater monitoring isrequired, EPA will conduct Five-Yearreviews commencing in September1998. If new information becomesavailable which indicates a need forfurther action, EPA may initiateremedial actions. Whenever there is asignificant release from a site deletedfrom the NPL, the site may be restoredto the NPL without the application ofthe Hazard Ranking System.

III. Deletion Procedures

The following procedures were usedfor the intended deletion of this Site: (1)EPA Region 10 issued a final close outreport which documented theachievement of cleanup goals; (2)Ecology concurred with the proposeddeletion decision; (3) A notice has beenpublished in the local newspaper andhas been distributed to appropriatefederal, state, and local officials andother interested parties announcing thecommencement of a 30-day publiccomment period on EPA’s Notice ofIntent to Delete; and, (4) All relevantdocuments have been made available for

public review in the local Siteinformation repositories.

Deletion of the Site from the NPL doesnot itself create, alter, or revoke anyindividual rights or obligations. TheNPL is designed primarily forinformational purposes and to assistAgency management. As mentioned inSection II of this document, 40 CFR300.425(e)(3) of the NCP states that thedeletion of a site from the NPL does notpreclude eligibility for future responseactions.

For deletion of this Site, EPA’sRegional Office will accept and evaluatepublic comments on EPA’s Notice ofIntent to Delete before making a finaldecision to delete. If necessary, theAgency will prepare a ResponsivenessSummary to address any significantpublic comments received.

A deletion occurs when the RegionalAdministrator places a final action inthe Federal Register. Generally, the NPLwill reflect deletions in the final updatefollowing the document. Public noticesand copies of the ResponsivenessSummary will be made available tolocal residents by the Regional office.

IV. Basis for Intended Site DeletionThe following site summary provides

the Agency’s rationale for the proposalto delete this Site from the NPL.

A. Site BackgroundThe Hanford Site, operated by the

U.S. Department of Energy (DOE), wasestablished in 1943 to produce nuclearmaterial for national defense. TheHanford 1100 Area NPL Site consists oftwo, non-adjacent areas located in thesouthern portion of the Hanford Siteand covers less than 5 square miles. Themajority of the NPL Site is locatedadjacent to the City of Richland. Theother portion is located on the Fitzner-Eberhardt Arid Lands Ecology (ALE)Reserve, approximately 15 milesnorthwest of Richland.

B. HistoryThe 1100 Area remains active. The

portion near Richland contains thecentral warehousing, vehiclemaintenance, and transportationdistribution center for the entireHanford Site. Waste sites include alandfill, french drains, undergroundtanks, and a sand pit where up to 15,000gallons of waste battery acid fromvehicle maintenance may have beendisposed. The portion on the ALE is aformer NIKE missile base and controlcenter and is now used for the ALEheadquarters. The missile basecontained all facilities necessary formissile launching and maintenance, aswell as living quarters for personnel.


The U.S. Army closed anddecommissioned the base in the 1960’s.

The 1100 Area was placed on the NPLin November 1989 based on itsproximity to groundwater wells used tosupply drinking water to Richland. In1989, DOE, with oversight provided byEPA and Ecology, began a remedialinvestigation (RI) to characterize thenature and extent of contamination andto assess potential risks to human healthand the environment.

The major findings of theinvestigation included:

• Approximately 130 cubic yards ofsoil in a depression were contaminatedin an unrecorded spill with bis(2-ethylhexyl)phthalate at up to 25,000mg/kg.

• Approximately 165 cubic yards ofsoil in an area adjacent to a parking lotwhere stormwater runoff collected wascontaminated with polychlorinatedbiphenyls (PCBs) up to 42 mg/kg.

• A landfill used for disposal of officeand construction waste, asbestos,sewage sludge, and fly ash had asbestos-containing debris throughout thelandfill and a localized area of soilcontaminated with PCBs up to 100 mg/kg.

• Groundwater in the vicinity of thelandfill was found to be contaminatedwith trichloroethene and nitrate aboveMCLs, although these contaminantswere not found in the landfill itself. Thesame contaminants were found beneathan adjacent, upgradient facility.

• An additional fifty waste sites wereidentified as potentially beingcontaminated above health-basedcleanup standards. These sites would befully evaluated during remedial design.The sites primarily consist of tanks thatwere used for fuel and chemical solventstorage, electrical transformers andpads, spills, and disposal areas.

Based on the results of the RI and riskassessment, a Record of Decision wassigned on September 30, 1993. Themajor components of the selectedremedy included:

• Soil and debris contaminated abovecleanup standards would be excavatedand disposed of off-site at a permittedfacility.

• Contaminated soil from the bis(2-ethylhexyl)phthalate spill would beincinerated at an off-site facility.

• The landfill with asbestos-containing debris would be closed as anasbestos landfill.

• A groundwater monitoring programwould be implemented untilcontaminant levels allowed forunlimited use and unrestrictedexposure.

• Institutional controls would beimplemented for the asbestos landfilland the groundwater.

All remedial actions were completedby December 1995. The final closeoutreport signed in July 1996 documentsthat the objectives of the remedialactions were met.

Consistent with EPA guidance, a five-year review of this project is necessaryto ensure the continued protection ofhuman health and the environment. Thereview will be conducted in accordancewith OSWER Directive 9355.7–02,‘‘Structure and Components of Five-Year Reviews’’.

C. Public Participation

Community input has been soughtthroughout the cleanup of the Hanford1100 Area Site. Community relationsactivities have included public reviewof the proposed cleanup plan, a publicmeeting prior to signing of the ROD,several public notices in localnewspapers, and routine public noticesregarding the cleanup progress. A copyof the Deletion Docket can be reviewedby the public at the DOE RichlandPublic Reading Room in Richland. TheDeletion Docket includes thisdocument, the ROD, the Field Reportsfrom the remedial action, and the FinalSite Closeout Report. EPA Region 10will also announce the availability ofthe Deletion Docket for public review ina local newspaper and informationalfact sheet.

One of the three criteria for deletionspecified that EPA may delete a sitefrom the NPL if ‘‘responsible parties orother parties have implemented allappropriate response actions required.’’EPA, with concurrence of Ecology,believes that this criterion for deletionhas been met. Subsequently, EPA isproposing deletion from this Site fromthe NPL. Documents supporting thisaction are available from the docket.

Dated: August 6, 1996.Randall F. Smith,Acting Regional Administrator, Region 10.[FR Doc. 96–20590 Filed 8–14–96; 8:45 am]BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5552–6]

National Oil and HazardousSubstances Pollution ContingencyPlan; National Priorities List

AGENCY: Environmental ProtectionAgency.ACTION: Notice of Intent to Delete Alcoa(Vancouver Smelter) NPL Site from the

National Priorities List Update: Requestfor Comments.

SUMMARY: The Environmental ProtectionAgency (EPA) Region 10 announces itsintent to delete the Alcoa (VancouverSmelter) NPL Site from the NationalPriorities List (NPL) and requests publiccomment on this proposed action. TheNPL constitutes Appendix B of 40 CFRpart 300 which is the National Oil andHazardous Substances PollutionContingency Plan (NCP), which EPApromulgated pursuant to Section 105 ofthe Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct (CERCLA) of 1980, as amended.EPA and the State of WashingtonDepartment of Ecology (Ecology) havedetermined that the Site poses nosignificant threat to public health or theenvironment and, therefore, furtherremedial measures pursuant to CERCLAare not appropriate.DATES: Comments concerning this Sitemay be submitted on or beforeSeptember 16, 1996.ADDRESSES: Comments may be mailedto: Lynda Priddy, EnvironmentalProtection Agency, 1200 Sixth Avenue,Mail Stop ECL–113, Seattle, Washington98101.

Comprehensive information on thisSite is available through Ecology whichis available for viewing at the Alcoa Siteinformation repositories at the followinglocations:Fort Vancouver Regional Library, Main

Branch, 1007 East Mill Plain Blvd.,Vancouver, WA 98633

Washington Department of Ecology,Industrial Section, 2404 ChandlerCourt SW, Suite 200, Olympia, WA98502.The deletion docket for the deletion of

the Alcoa Site is available through EPAat the following locations:U.S. Environmental Protection Agency,

Region 10, 1200 6th Street, RecordsCenter, Seattle, WA 98115

Fort Vancouver Regional Library, MainBranch, 1007 East Mill Plain Blvd.,Vancouver, WA 98633.

FOR FURTHER INFORMATION CONTACT:Lynda Priddy, U.S. EPA Region 10, 1200Sixth Avenue, Mail Stop: ECL–113,Seattle, Washington 98101, (206) 553–1987.


Table of ContentsI. IntroductionII. NPL Deletion CriteriaIII. Deletion ProceduresIV. Basis of Intended Site Deletion

I. IntroductionThe Environmental Protection Agency

(EPA) Region 10 announces its intent to


delete a site from the National PrioritiesList (NPL) Appendix B of the NationalOil and Hazardous SubstancesContingency Plan (NCP), 40 CFR Part300, and requests comments on thisdeletion. EPA identifies sites on theNPL that appear to present a significantrisk to human health or theenvironment. As described in§ 300.425(e)(3) of the NCP, sites deletedfrom the NPL remain eligible for federalFund-financed remedial actions or stateaction under the Model Toxics ControlAct (MTCA) in the unlikely event thatconditions at the site warrant suchactions.

EPA plans to delete the Alcoa(Vancouver Smelter) Site (‘‘Site’’) at5701 NW Lower River Road, Vancouver,Washington, from the NPL.

EPA will accept comments on theplan to delete this Site for thirty daysafter publication of this document in theFederal Register.

Section II of this document explainsthe criteria for deleting sites from theNPL. Section III discusses proceduresthat EPA is using for this action. SectionIV discusses the Alcoa (VancouverSmelter) NPL Site and explains how theSite meets the deletion criteria.

II. NPL Deletion CriteriaSection 300.425(e) of the NCP

provides that ‘‘releases’’ (sites) may bedeleted from, or recategorized on theNPL where no further response isappropriate. In making a determinationto delete a site from the NPL, EPA shallconsider, in consultation with the state,whether any of the following criteriahave been met:

(i) Responsible parties or other partieshave implemented all appropriateresponse actions required;

(ii) All appropriate Fund-financedresponses under CERCLA have beenimplemented, and no further action byresponsible parties is appropriate, or

(iii) The remedial investigation hasshown that the release poses nosignificant threat to public health or theenvironment and, therefore, taking ofremedial measures is not appropriate.

Even if a site is deleted from the NPL,where hazardous substances, pollutantsor contaminants remain at the site abovelevels that allow for unlimited use andunrestricted exposure, EPA’s policy isthat a subsequent review of the site willbe conducted at least every five yearsafter the initiation of the remedial actionat the site to ensure that the site remainsprotective of human health and theenvironment. In the case of the AlcoaSite, hazardous substances remain at theSite above health-based levels,therefore, access to the Site has beenrestricted, deed restrictions and

institutional controls have beenimposed, groundwater monitoring andperiodic five-year reviews will berequired. In addition, in the event thatthere is a significant release from a sitedeleted from the NPL, the site may berestored to the NPL without applicationof the Hazard Ranking System.

III. Deletion Procedures

The following procedures have beenused for the intended deletion of thisSite: (1) Ecology has issued aPreliminary Close Out Report (PCOR)which documented the completion ofremedial activities; (2) Ecology hasissued a letter certifying that no furtherremedial action is expected and that theremedy is protective of human healthand the environment; (3) EPA hasconcurred with Ecology’s finding thatthe remedy is protective of humanhealth and the environment; (4) Ecologyhas concurred with the proposeddeletion decision; (5) A notice has beenpublished in the local newspaper anddistributed to appropriate federal, state,and local officials and other interestedparties announcing the commencementof a 30-day public comment period onEPA’s Notice of Intent to Delete; and, (6)All relevant documents have been madeavailable for public review in the localSite information repositories.

Deletion of the Site from the NPL doesnot in itself, create, alter or revoke anyindividual rights or obligations. TheNPL is designed primarily forinformational purposes to assist Agencymanagement. As mentioned in section IIof this document, 40 CFR 300.425 (e)(3)states that deletion of a site from theNPL does not preclude eligibility forfuture federal Fund-financed responseactions or future actions under thestate’s MTCA.

EPA’s Regional Office will accept andevaluate public comments on the EPA’sNotice of Intent to Delete before makinga final decision. The Agency willprepare a Responsiveness Summary ifany significant public comments arereceived.

A deletion occurs when the RegionalAdministrator places a final action inthe Federal Register. Generally, the NPLwill reflect deletions in the final updatefollowing the Notice. Public notices andcopies of the Responsiveness Summarywill be placed in the local repositoriesand made available to local residents bythe Regional Office.

IV. Basis for Intended Site Deletion

The following site summary providesthe Agency’s rationale for the intentionto delete the Site from the NPL.

A. Site BackgroundThe Alcoa Site in located in

Vancouver, Clark County, Washington,approximately three miles northwest ofdowntown Vancouver, Washington andapproximately 300 to 500 feet north ofthe Columbia River. The site is found atthe southeastern corner of theVANALCO smelter complex located at5701 NW Lower River Road, Vancouver.The site has been used for industrialpurposes since World War II and iscurrently zoned for heavy industry. Thearea is changing from a mixture ofagriculture and heavy industry tocommercial and heavy industry. Thesite consists of three waste piles,contaminated soil under waste piles andsubsurface contaminated strata andgroundwater.

The Alcoa facility has producedaluminum since 1940 using the Hall-Heroult electrolytic cell process. Theprocess is an electrochemical reductionreaction in which aluminum oxide isdissolved in a bath of molten salts(cryolite) at a temperature of 1760degrees. An electric current is passedthrough the cell causing the reduction ofalumina to aluminum. The entireprocess occurs in a steel shell or pot thatis lined with insulation material andcarbon, known as potlining.

In order to retain the purity of themolten aluminum and the structuralintegrity of the cell, the moltenaluminum and cryolite mixture must bekept isolated from the steel shell of thepot. Over time, the carbon liningmaterials become impregnated with themolten cryolite solution, eventuallythreatening the integrity of the steel andcarbon shell. The pot is drained and thecarbon and insulation materialsreplaced. The carbon that is removedfrom failed pots, is known as spentpotlining. Spent potlining consists ofcarbon, fluoride, aluminuma andsodium, with minor amounts ofcalcium, silica, iron and cyanide and isa listed (K088) dangerous waste.

B. History* Early 1950’s–1973: Spent pot lining

was shipped off-site to the ReynoldsAluminum Plant in Livingston,Washington and recycled.

* 1973–1981: Pot liner waste pileswere formed on site. They were notcovered and were exposed to normalprecipitation. Fluoride and cyanideleached out of the exposed pot liner andcontaminated soils and ground waterbelow the piles.

* 1977: Alcoa installed nine shallowmonitoring wells in the vicinity of thethree waste piles. Sampling of thesewells discovered groundwatercontamination.


* 1978, 1981: The piles were coveredwith plastic and clean sand.

* 1986: As a result of increasingcyanide in the monitoring wells,Ecology ordered Alcoa to conduct aprogram to assess the groundwatercontamination at the site and to evaluatepotential cleanup actions.

* 1987: Alcoa submitted to Ecology aRemedial Investigation and FeasibilityReport. The investigation revealed thatthe groundwater contaminationextended to the Columbia River. Thereport identified four water bearingzones at the site, three of which werecontaminated with concentrations ofcyanide and fluoride above drinkingwater standards.

* 1989: EPA identified Ecology as theLead Agency for cleanup activities atthe site. The Agency for ToxicSubstances and Disease Registryconducted a site visit, reviewedavailable data and made severalrecommendations regardingremediation.

* 1990: The site was placed on theNPL by EPA.

* 1992: Ecology issued a finalCleanup Action Plan (CAP) underMTCA and filed a Consent Decree withAlcoa in State Court. Remedial actionwas started and completed. Alcoa’s finalremedial action report was submitted toEcology.

* 1994: Remedial requirements of theConsent Decree (described in the nextsection) have been met by Alcoa.Ecology certifies that the constructionphase has been completed.

* 1996: Ecology issues a PreliminaryClose Out Report (PCOR) and certifiesthat all remedial action specified in theCAP has been completed, no furtheraction is expected and that the remedyis protective of human health and theenvironment.

C. Remedial Action Selected andImplemented

On February 7, 1992, Ecology, as theLead Agency and pursuant to MTCA,issued the CAP (equivalent to theCERCLA Record of Decision) for theAlcoa Site. The CAP lists the cleanupgoals for the site, presents the differentcleanup alternatives that wereexamined, and presents Ecology’sselected site cleanup method. Theelements of the selected remedial actionand a description of the remedialactivities performed, are:

* Removal of approximately 66,000tons (47,500 cubic yards) of spentpotlining and reclaimed aluminainsulation and disposal at a RCRA-permitted hazardous waste landfill.

Source control was accomplished bythe removal of 71,758.91 tons of potliner

material to Chem-Security Systems, Inc.,Arlington, Oregon, a permittedhazardous waste landfill. The potlinermaterial was excavated by usingconventional excavation equipment.

* Characterization of soils belowexisting potlining piles.

The contaminated soils beneath thepiles were sampled for cyanide andfluoride once the potliner was removed.

* Capping contaminated soils with 50mil HDPE or 40 mil PVC liner andcovering with two feet of sand with topsoil. The capped area shall be fencedand graded to drain.

A 50 mil high density polyethylene(HDPE) flexible membrane liner wasplaced on compacted sand. The linerextended beyond the limits of theremoved pile. A one foot by one footanchor trench was excavated around theperimeter of the cap to hold the liner inplace.

Eighteen to twenty-four inches ofclean sand was placed over the entirearea. The sand was placed so the cappedarea would drain from north to south.Upon completion of the sand cover, sixinches of topsoil was placed andcompacted over the capped area. Thetopsoil was hydroseeded and thecapped area was fenced with an eight-foot chain link fence. The purpose ofthis cap is to minimize furtherinfiltration of water into thecontaminated soil and thereby minimizeor prevent further leaching of thecontamination from the soil into thegroundwater.

Alcoa has inspected and performedmaintenance on the cap on a quarterlyduring the regularly scheduledgroundwater monitoring activities.Maintenance requirements for the capinclude grading to maintain proper sitedrainage, repair of any erosion or areasof distressed vegetation, andmaintenance of site perimeter fencingand warning signs.

* Institutional controls to prevent thedisruption of the liner and withdrawalof groundwater from the contaminatedplume.

Alcoa has recorded a restrictive landuse covenant in the property deed forthe site to ensure that no groundwateris removed for domestic purposes fromthe plume and that there is nointerference with the cleanup action.Alcoa may use the site for industrialpurposes consistent with the remedialaction and the covenant. If the levels offluoride in the groundwater reach 4.0mg/l and free cyanide in groundwaterreaches 0.2 mg/l, levels that are safe fordrinking, Alcoa or the subsequentowner may request that Ecology removethe requirement for a restrictivecovenant. However, Ecology may agree

with that request only after a publiccomment period and insofar as therequest is consistent with applicablelaw, including cleanup standards.

* Continued groundwater andColumbia River surface watermonitoring. Groundwater remediationwill be required if fluoride and cyanideconcentrations increase near theColumbia River. The concentration ofcyanide and fluoride will have toincrease to levels that are treatable.

Subsurface flow into the ColumbiaRiver is from the deep and aquiferzones. Measurements in the ColumbiaRiver upstream and downstream fromthe Site show no difference in cyanideand fluoride concentrations whichindicates that the Alcoa Site is not asignificant source of these contaminantsto the Columbia River. Ecologyestimates that seepage of contaminatedgroundwater from the Alcoa Site intothe Columbia River would add 0.001ppb fluoride and 0.000008 ppb cyanideseepage—minimal levels of fluoride andcyanide—to Columbia River water.

D. Characterization of RiskPrior to remediation, the preliminary

environmental pathways of concernrelated to the potliner waste piles weregroundwater contamination and on-sitesoils.

Removal of spent potliner materialand insulation from the site and cappingthe area of contaminated soil haseliminated potential surface exposure tocontaminated soil and significantlyreduced the source of groundwatercontamination. Four years ofgroundwater monitoring following theremedial action indicate thatconcentrations of cyanide and fluoridehave exceeded MCLs in thegroundwater under the contaminatedsoil at certain times. Groundwatersamples taken where the groundwaterenters the Columbia River show nodetections of cyanide or fluoride.Ecology does not believe that thedrinking water well one mile upgradientof the Site is threatened because thegroundwater is not expected to moveupstream. Monitoring data in theupgradient industrial production wellsindicate that fluoride and cyanide levelsare below acceptable drinking waterlevels or MCLs, however, somemonitoring wells upgradient, within 600feet, of the capped area have shownexceedances of MCLs for cyanide andfluoride. All pathways by whichenvironmental receptors couldpotentially be exposed to Site-relatedcontaminants have been eliminated.

Since hazardous substances remainon Site, operation and maintenanceactivities for the cap will continue, use


of the Site has been restricted, andinstitutional controls will remain ineffect (e.g., restricted access to the Site).A long-term groundwater monitoringprogram has been implemented at theSite. In addition, the Site will continueto be subject to periodic five-yearreviews to ensure that the remedyremains protective of human health andthe environment.

E. Other Activities at the FacilityThe NPL site was defined as the

potliner waste pile area and anycontamination associated with thepotliner waste (e.g., cyanide andfluoride-contaminated soil andgroundwater). However, some otherareas of the facility were contaminatedand have been addressed, separatelyfrom the NPL site, pursuant to theModel Toxics Control Act (MTCA) orthe State Dangerous Waste Law. Theseareas include: (1) A landfill areacontaining TCE contamination; (2) alagoon area containing PCBs; (3) PCBand PAH soil contamination in the RodMill building; (4) PCB and TPH-contamination in a parking lot. cont; (5)TPH and cyanide in a barge bludgelagoon; and (6) as a RCRA closure, tanksludge from the VANEXCO anodizingplant. More information on theseactivities can be found in thecomprehensive Site file. See the nextsection for the location of the site fileand deletion docket.

F. Public ParticipationCommunity input has been sought by

Ecology throughout the cleanup processfor the Site. Community relationsactivities have included public meetingsprior to signing the Consent Decree,several public notices in localnewspapers, and routine publication ofprogress fact sheets. A copy of theDeletion Docket can be reviewed by thepublic at the Fort Vancouver RegionalLibrary or the EPA Region 10 RecordsCenter. The Deletion Docket includesthis document, the CAP, the ProjectCompletion Report, Consent Decree, andthe PCOR. Comprehensive Site files areavailable for review at Fort VancouverRegional Library, and the WashingtonDepartment of Ecology. EPA Region 10will also announce the availability ofthe Deletion Docket for public review ina local newspaper and informationalfact sheet.

One of the three criteria for deletionspecifies that EPA may delete a sitefrom the NPL if ‘‘responsible parties orother persons have implemented allappropriate response actions required’’.EPA, with the concurrence of Ecology,has determined that this criteria fordeletion has been met. EPA and Ecology

believe that no significant threat tohuman health or the environmentremains because pathways of concernfor exposure to contaminants no longerexist. Groundwater data show thatMCLs are not exceeded at the pointwhere groundwater from the Site entersthe Columbia River and there are nodrinking water wells within the area ofgroundwater contamination nor will anybe allowed in the future. Because of thelimited extent of the contaminatedplume, the completed source removal,the placement of institutional controls,the technical infeasibility and lack ofeffectiveness of a more aggressivegroundwater remedial action, and thelack of impact on the Columbia River,EPA and Ecology believe that naturalattenuation over time will reduce thelevel of cyanide and fluorideconcentrations in the groundwaterunder the Site. Groundwater monitoringwill continue until there are noexceedances of MCLs. If newinformation comes available thatindicates that there is a significantthreat to human health or theenvironment then EPA or Ecology canrequire or conduct additional remedialaction, if appropriate. Subsequently,EPA is proposing deletion of this Sitefrom the NPL. Documents supportingthis action are available from the docket.

Dated: August 6, 1996.Randall F. Smith,Acting Regional Administrator, Region 10.[FR Doc. 96–20589 Filed 8–14–96; 8:45 am]BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3860

[WO 320 1990 01 24 1A]

Patenting Information: Petition forRulemaking

AGENCY: Bureau of Land Management,Interior.ACTION: Petition for rulemaking; requestfor comments.

SUMMARY: The Bureau of LandManagement (BLM) of the United StatesDepartment of the Interior (DOI) seekscomments concerning the rule changesproposed in a petition submitted bytwelve private organizations. Thepetition requests BLM to amend itsregulations to require disclosure of theinformation used by BLM to determinethe validity of mining claims and theeligibility of mill site claims forpatenting under the 1872 Mining Law.

Comments will assist the Director ofBLM in deciding whether to grant ordeny the petition.

DATES: BLM will accept writtencomments on the petition until October15, 1996.

ADDRESSES: Commenters may hand-deliver comments to the Bureau of LandManagement, Administrative Record,Room 401, 1620 L St., N.W.,Washington, D.C.; mail comments to theBureau of Land Management,Administrative Record, Room 401LS,1849 C Street, N.W., Washington, D.C.20240; or transmit commentselectronically via the Internet [email protected] include ‘‘Attn: Roger Haskins,Mineral Patent Petition’’ in yourInternet message. If you do not receivea confirmation from the system that wehave received your Internet message,contact the person identified underFOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:Roger Haskins, (202) 452–0355.

SUPPLEMENTARY INFORMATION:I. Public Comment ProceduresII. Background and Substance of PetitionIII. Procedural Matters

I. Public Comment Procedures

Written Comments

Written comments on the suggestedchange should be specific, should beconfined to issues pertinent to theproposed revision, and should explainthe reason for the comment. Wherepracticable, commenters should submitthree copies of their comments. If BLMreceives your comments after the closeof the comment period (see DATES) or ifyour comments are delivered to anaddress other than those listed (seeADDRESSES), BLM may not necessarilyconsider them or include them in theAdministrative Record for the petition.

Availability of Copies

Copies of the entire petition areavailable for inspection, and interestedpersons may obtain them by contactingthe person identified underFOR FURTHER INFORMATION CONTACT.

Public Hearing

BLM will not hold a public hearing onthe proposed revision, but BLMpersonnel will be available to meet withthe public during business hours, 9 a.m.to 4 p.m., during the comment period.In order to arrange such a meeting,contact the person identified underFOR FURTHER INFORMATION CONTACT.


II. Background and Substance ofPetition

The DOI received a letter dated May29, 1996, from James S. Lyon, VicePresident for Policy of the MineralPolicy Center, transmitting a petition forrulemaking (MPC petition). The petitionwas submitted jointly by the MineralPolicy Center, American Rivers,Boulder-White Clouds Council, Citizensfor the Preservation of Powers Gulchand Pinto Creek, Greater YellowstoneCoalition, Montana EnvironmentalInformation Center, National WildlifeFederation, Northern Plains ResourceCouncil, the Sierra Club, Taxpayers forCommon Sense, Western Mining ActionProject, the Western Organization ofResource Councils and Western MiningAction Project. The petitioners requestthat BLM amend its regulations at 43CFR part 3860 to establish ‘‘PatentingDisclosure Regulations’’ that wouldrequire the disclosure to the public ofall information used by BLM todetermine the validity of mining claimsand the eligibility of mill site claims forpatenting under the 1872 Mining Law(30 U.S.C. 22 et seq). The petitionersalso request that BLM’s regulations beamended to provide for a transitionperiod during which companies thathave previously submitted informationthat they wish to remain confidentialcould withdraw their patent applicationto avoid the disclosure of theinformation. BLM has appended thesubstantive portion of the petition to theend of this notice.

Under section 553 of theAdministrative Procedure Act, 5 U.S.C.553(e), any person may petition anagency to initiate a proceeding for theissuance, amendment, or repeal of arule. Under the applicable regulationsfor rulemaking petitions, 43 CFR 14.2,the petitioner is required to provide ruletext. Although the MPC petition doesnot include rule text, BLM has decidedto consider the petition. Under 43 CFR14.4, this notice seeks public commenton the merits of the petition and on therule changes suggested in the petitionbecause BLM has determined thatpublic comment may aid inconsideration of the petition.

In particular, BLM seeks commentsregarding: (1) how the requestedrulemaking may affect the process ofconsidering and acting on applicationsfor patent under the 1872 Mining Law;(2) how the type of informationidentified for disclosure in the petitionwill be used by the public; (3) how suchdisclosure would impact patentapplicants; (4) whether the informationto be disclosed should includedocuments that reflect DOI’s

deliberation over a patent applicationbefore a decision has been made; and (5)what impact this rulemaking might haveon pending patent applications.

At the close of the comment period,BLM will make a decision whether togrant or deny the petition. If the petitionis granted, BLM will begin rulemakingproceedings in which it would againseek public comment regardingproposed, specific rule text. Followingreceipt and analysis of public comment,BLM would publish a final rule. If BLMdecides to deny the petition, it wouldpublish a notice explaining thatdecision and take no further rulemakingaction pursuant to the petition. Bypublishing this notice, BLM does notnecessarily endorse the petition forrulemaking. The petition does notnecessarily reflect the position or viewsof BLM or DOI.

III. Procedural Matters

Executive Order 12866 and RegulatoryFlexibility Act

Publication of this notice of thereceipt of the petition for rulemaking isa preliminary step prior to the initiationof the rulemaking process. If BLMdecides to grant the petition, it willbegin a rulemaking process. At thisstage, neither a regulatory flexibilityanalysis nor a regulatory impactanalysis under Executive Order 12291are required.

National Environmental Policy ActPublication of this notice does not

constitute a major Federal action havinga significant effect on the humanenvironment for which anenvironmental impact statement underthe National Environmental Policy Act,44 U.S.C. 4322(a)(C), is needed.

Action Plan for Processing PendingPatent Applications

BLM is publishing this notice at theinitiative of the petitioners. This actionis separate and apart from DOI’s actionplan for processing 90 percent of themineral patent applicationsgrandfathered from the patent fundingmoratorium within five years asrequired by section 322 of the Interiorand Related Agencies AppropriationsAct for Fiscal Year 1996, Pub. L. 104–134, 142 Cong. Rec. H 3896 (daily ed.April 25, 1996).

Dated: August 8, 1996.Maitland Sharpe,Acting Director, Bureau of Land Management.

AppendixThe text of the petition dated May 29,

1996, from the Mineral Policy Centerand others is printed below. Copies of

the entire petition, including exhibits,are available for inspection and may beobtained by contacting the personidentified underFOR FURTHER INFORMATION CONTACT.

Petition for Rulemaking Before TheHonorable Bruce Babbitt, Secretary of theInteriorUnited States Department of the Interior,Washington, DC.

Submitted by

Mineral Policy Center, American Rivers,Boulder-White Clouds Council, Citizens forthe Preservation of Pinto Creek and PowersGulch, Greater Yellowstone Coalition,Montana Environmental Information Center,National Wildlife Federation, NorthernPlains Resource Council, Sierra Club,Taxpayers for Common Sense, WesternMining Action Project, and WesternOrganization of Resource Councils

For the adoption of Federal regulations torequire disclosure of all information used toestablish the validity of mining claims andeligibility of mill site claims for whichmineral patent applications have beensubmitted under the 1872 Mining Law.29 May 1996

IntroductionMineral Policy Center and the above

organizations, pursuant to 5 U.S.C. 553(e)and 43 CFR 14, petition the Secretary ofInterior (‘‘the Secretary’’) to issue regulationsthat require the disclosure to the public of allinformation used by the Bureau of LandManagement (BLM) to establish the validityof mining claims and the eligibility of millsite claims for patenting under the 1872Mining Law, 30 U.S.C. 22 et seq. Thisdisclosure will include, but not be limited to,the information listed in section II(A) below.The Secretary should establish rules thatmake public disclosure of this information apre-requisite to further processing of anymineral patent applications.

These regulations (‘‘the PatentingDisclosure Regulations’’) serve the public’scompelling interest in knowing the factualbasis upon which the Department of Interiordisposes of billions of dollars worth of publicmineral resources under the 1872 MiningLaw.

The adoption of the Patenting DisclosureRegulations will not be unfair or inequitableto parties that have already applied formineral patents. The Patenting DisclosureRegulations will provide for a transitionperiod which will allow patent applicants tocome into compliance with the Regulations’public disclosure requirements. Because thePatenting Disclosure Regulations will notprevent mining, and will not prevent thepatenting of mining and mill site claimsunder the 1872 Mining Law, applicants winnot suffer compensable harm.

I. Petitioning OrganizationsThis petition is submitted on behalf of

Mineral Policy Center and eleven otherorganizations (‘‘the petitioners’’). Theseorganizations conduct research on andadvocate more environmentally and fiscally


responsible management of public resourcesby the federal government. A description ofeach petitioner, its membership, and focus ofwork follows:

Mineral Policy Center is a Washington-based non-profit organization whichconducts research on and advocates moreenvironmentally and fiscally responsiblehardrock mining policies in the United Statesand worldwide. The Center hasapproximately 2,500 members, and is basedin Washington, D.C., with field offices inColorado and Montana.

American Rivers is a non-profitorganization devoted to the protection andrestoration of American rivers andwatersheds. American Rivers is activelyinvolved in campaigns to protect rivers frompollution caused by past, current, andproposed mining operations. Theorganization has over 15,000 members in theUnited States.

Boulder-White Clouds Council is a non-profit organization which advocatesenvironmental protection of the UpperSalmon River country of Central Idaho.

Citizens for the Preservation of PowersGulch and Pinto Creek is a non-profitorganization of citizens formed to protect theTonto National Forest (Arizona) from theimpacts of a copper mine presently proposedby Cambior, a Canadian corporation. Many ofits members live adjacent to the proposedmine.

Greater Yellowstone Coalition (GYC) is aregional conservation group whose mission isto assure ecosystem health throughout the18-million acre Greater YellowstoneEcosystem. Comprised of 120 membergroups, GYC currently has more than 7,000individual members who regularlyparticipate in recreational, scientific, andnatural history activities on public landsincluding those lands administered by theBLM, U.S. Forest Service, and National ParkService.

The Montana Environmental InformationCenter (MEIC) is a nonprofit organizationfounded in 1973 with members throughoutthe United States and the State of Montana.The MEIC is dedicated to preserving andenhancing the natural resources and naturalenvironment of Montana. In this objective,the MEIC gathers and disseminatesinformation in order to inform its membersand the general public about their rights andobligations under state and federalenvironmental law. The MEIC is alsodedicated to assuring that state and federalofficials comply with and fully uphold thelaws of the United States which are designedto protect and enhance the environment.

National Wildlife Federation (NWF) is thenation’s largest conservation organization.Founded in 1936, the NWF works to educate,inspire, and assist individuals andorganizations of diverse cultures to conservewildlife and other natural resources, and toprotect the Earth’s environment in order toachieve a peaceful, equitable, and sustainablefuture.

Northern Plains Resource Council (NPRC)is a non-profit grassroots organization that isdevoted to the protection of water and airquality, as well as the promotion ofsustainable family farming and ranching.

Based in Montana, the NPRC’s 2,500members consist of farmers, ranchers, andtown dwellers.

The Sierra Club is a national, non-profit,environmental organization with more than500,000 members. The Sierra Club advocatesthe protection of natural resources andwildlife on public lands.

Taxpayers for Common Sense is a non-profit, non-partisan, and independentorganization dedicated to cutting wastefulgovernment spending, subsidies, and taxbreaks through research and citizeneducation. Based in Washington, D.C.,Taxpayers for Common Sense supports abalanced budget and common sense taxreform.

The Western Organization of ResourceCouncils (WORC) is a six-state federation ofcommunity groups in Colorado, Idaho,Montana, North and South Dakota, andWyoming. The WORC, a non-profitorganization, has over 6,000 members andfifty local chapters in the six-state region.The WORC’s main priorities for regionalissues include the impact of hardrock miningon the environment and Westerncommunities, sustainable family farmagriculture, and energy and natural resourcesdevelopment.

Western Mining Action Project is a non-profit environmental organization whichprovides legal representation to citizens onmining issues, including patenting issues.

The petitioners submit this petition infurtherance of the public interest. Many ofpetitioners’ members live, work, and recreatenear federal lands impacted by hardrockmining.

II. Description of Patenting DisclosureRegulations

The petitioners petition the Secretary toadopt regulations (‘‘Patenting DisclosureRegulations’’) that will require publicdisclosure of all information used by theBLM to establish the validity of miningclaims and eligibility of mill site claims forwhich mineral patent applications have beensubmitted under the 1872 Mining Law. Someof this information is factual informationsubmitted by patent applicants; otherinformation consists of the data and analysisof public land agencies. The Secretary shouldmake further processing of any mineralpatent applications contingent upon thedisclosure of this information. In the interestof equity to current patent applicants, thePatenting Disclosure Regulations shouldprovide for a transition period during whichpatent applicants may, if they prefer,withdraw their applications and thus avoidpublic disclosure of this information.

A. Types of Information Required To BeDisclosed by the Patenting DisclosureRegulations

The petitioners seek the disclosure of allinformation that forms the basis of the BLMand Forest Service validity examinations,which determine whether or not a patentapplicant has ‘‘discovered’’ a ‘‘valuablemineral deposit’’ on the applicant’s miningclaims. This determination is pivotal in theBLM’s ultimate decision whether to grant ordeny a mineral patent.

Specifically, the Patenting DisclosureRegulations should require the disclosure ofthe following types of information:

• The size and value of mineral reserves;• The methods and costs of ore extraction,

beneficiation, and transportation;• Costs and methods of reclamation and

environmental remediation;• Marketing and labor contracts;• Economic feasibility studies; and• Analyses and data generated by the

federal government which bear on thevalidity of mining claims under patentapplication.

The above enumerated information bearson the issue of whether a mining claim (lodeor placer) contains a valuable mineraldeposit. However, the Patenting DisclosureRegulations should also require thedisclosure of information used to establishthe eligibility of mill site claims. Theeligibility of mill site claims depends oncriteria different from those used to establishthe validity of mining claims (lode and placerclaims). For example, in contrast with miningclaims, mill site claims must be‘‘nonmineral’’, ‘‘non-contiguous’’ to lode andplacer claims, and used for ‘‘mining ormilling purposes’’. See 20 U.S.C. 42.Therefore, petitioners seek disclosure of allinformation used by public land agencies todetermine whether applicants for mill sitepatents have satisfied the criteria above, andall other necessary eligibility criteria.

The Patenting Disclosure Regulationsshould require the disclosure of informationthat mining companies submit to the BLM aspart of patent applications and mineralexaminations. In the past, the Department ofthe Interior has typically withheld thisinformation from the public on the groundsthat the information constitutes trade secretsor confidential business information. TheDepartment has cited the Trade Secrets Act,18 U.S.C. § 1905, and Exemption 4 of theFreedom of Information Act, 5 U.S.C. § 552,as grounds for withholding this type ofinformation.

The Patenting Disclosure Regulationsshould also require disclosure by the federalgovernment of the government’s own dataand analyses which bear on whether a patentapplicant has made a ‘‘valuable’’ mineral‘‘discovery’’. The Department of the Interiorhas cited Exemption 5 of the Freedom ofInformation Act (FOIA) as justification forwithholding some of this information.

The attached exhibit, Exhibit A (EX–A),documents an example of lead petitionerMineral Policy Center’s many unsuccessfulattempts to obtain from BLM officials thetype of information enumerated above. TheEX–A contains excerpts from the mineralreport prepared for Barrick Gold Corp.’smineral patent applications for its Goldstrikegold mine in Nevada. (Barrick Gold obtainedthe patents worth approximately $10 billionin May 1994.) Mineral Policy Centerrequested the company’s mineral report inFebruary 1994; three months later, the BLMreleased a heavily censored copy to theCenter. As EX–A shows, the BLM excised keygeological and financial information from thereport which established the basis for thevalidity of Barrick’s mining claims.

The EX–A illustrates the BLM’s refusal todisclose to the public the information upon


which the BLM bases its decision whether ornot to issue mineral patents. The BLM’sclosed-door policy has created the urgentneed for the Secretary of the Interior to adoptPatenting Disclosure Regulations.

B. Transition Procedures

In order to give companies an opportunityto make an informed choice regarding meansof compliance with these regulations, thePatenting Disclosure Regulations shouldestablish a reasonable period of time duringwhich applicants would have the option towithdraw their patent applications. Duringthis period, companies that have previouslysubmitted information that they wish tomaintain confidential could withdraw theirpatent applications and avoid the requireddisclosure of this information.

However, upon expiration of the warningperiod, the information enumerated abovewould be subject to full public disclosure.

In particular, the Secretary shouldestablish:

• A date upon which the PatentingDisclosure Regulations take effect;

• A date after which current patentapplicants can withdraw their applicationsand thus avoid public disclosure ofinformation required to be disclosed by thePatenting Disclosure Regulations;

• A date after which the BLM will make theinformation specified in section II(A) aboveavailable to the public; and

• A provision that the BLM will make itspatenting decisions based exclusively oninformation that is publicly available.

III. Justification for the Adoption of thePatenting Disclosure Regulations

The General Mining Law of 1872 hasallowed the sale of at least $247 billion ofpublicly-owned mineral resources fornominal sums, according to Mineral PolicyCenter estimates. In an era of fiscal frugality,the Mining Law is fiscally irresponsible.Using a limited set of factual tests, federalland managers determine if a mining concernhas ‘‘discovered’’ a ‘‘valuable’’ mineraldeposit. Once this determination has beenmade, a company can ‘‘patent’’—obtain feetitle—to land for a minute fraction of its realvalue.

Also, by allowing the non-discretionarydisposal of lands to mining operations,patenting decisions have aided thedestruction of unique environmentalresources on millions of acres of public land.

These fiscally and environmentallyreckless policies have been largely shieldedfrom public scrutiny. For example, up to thepresent, the Department of the Interior hasblocked from public access the factualfoundation supporting a determinationwhether or not a ‘‘valuable’’ mineral deposithas been ‘‘discovered’’. Without access tothis vital information, the public has beenunable to evaluate the merits of patentingdecisions which dispose of billions of dollarsof the public’s mineral wealth without a fairreturn to the public.

The petitioners recognize that Congress’failure to reform the 1872 Mining Lawcompels the BLM to continue processinggrandfathered patent applications. However,Congress’ failure does not compel the BLM

to carry out the mineral patenting process insecrecy.

By requiring public land agencies to makepatent applications, mineral reports, andother essential patenting informationavailable to the public, the PatentingDisclosure Regulations will allow theAmerican public to meaningfully challengeand evaluate BLM patenting evaluations.

Public disclosure of mineral patentinginformation will provide other benefits, suchas contributing to a more informed andbalanced evaluation of the ‘‘value’’ of mineraldeposits on publicly owned lands. Also, itwill promote needed commentary on thebenefits and costs of mining on public lands.This will include discussion of contemporaryconcerns like the necessary costs ofenvironmental controls and reclamation atmining operations. The Department ofInterior has acknowledged that theseenvironmental costs must be taken intoaccount in determining the validity of miningclaims. U.S. v. Kosanke Sand Corp., 80 I.D.538, 546 (1973).

IV. Legal Authority for the PatentingDisclosure Regulations

The Secretary has the legal authority,pursuant to the 1872 Mining Law and theFederal Land Policy Management Act(FLPMA), to adopt the Patenting DisclosureRegulations. In fact, the FLPMA obligates theSecretary to adopt the Patenting DisclosureRegulations.

A. The Secretary’s Authority To Adopt thePatenting Disclosure Regulations Under the1872 Mining Law

The 1872 Mining Law establishes broadauthority for the Secretary to adopt thePatenting Disclosure Regulations. TheMining Law’s Section 22 authorizes theexploration and purchase of public landcontaining mineral deposits ‘‘underregulations prescribed by law.’’ See 30 U.S.C.§ 22. While legislative history on this sectionis scant, the statute’s plain language revealsthe intention of its owners to furnish theLaw’s administrator a broad and flexiblegrant of authority to promulgate appropriateregulations. In fact, Section 22 has beenrelied upon as authority for many BLMregulations under the Mining Law. Theseregulations include those on locating miningclaims (43 CFR Part 3830) and applying formineral patents (43 CFR Part 3860). Section22 has also been relied upon as authority forthe BLM’s regulations on surfacemanagement of mining operations. See 43CFR § 3809.0–3 (a). Providing for publicaccess to the contents of mineral patentapplications and reports is clearly within theambit of this legislative authority.

B. The Secretary’s Authority to Adopt thePatenting Disclosure Regulations Under theFederal Land Policy Management Act

The Federal Land Policy and ManagementAct, 43 U.S.C. § 1701 et seq., provides anadditional source of authority for thePatenting Disclosure Regulations. TheFLPMA directs the Secretary of the Interior,‘‘by regulation or otherwise’’, to ‘‘take anyaction necessary to prevent unnecessary orundue degradation’’ of public lands. TheFLPMA expressly applies this directive to the

1872 Mining Law activities. See 43 U.S.C.§ 1732(b). Public challenge and scrutiny ofmineral patent applications andexaminations—which the Regulations willpromote reasonably serve this statutoryobjective. This is especially relevant whenmaintaining strong Federal land managementregulation of mining operations is ‘‘necessaryto prevent unnecessary or unduedegradation’’ of Federal lands. Many of thepetitioners strongly believe that patentissuance undercuts Federal control of miningoperations, because patent issuance results inthe regulation of mining operations passingfrom Federal to largely state control.Moreover, effective public scrutiny of thepatenting process can prevent the improperdisposal of Federal lands. Improper disposalin and of itself constitutes ‘‘unnecessary orundue degradation.’’

Under a policy of full disclosure, thepublic, for example, may challenge a patentapplicant’s mineral report as seriouslyunderstating long-term environmental costsof a mining operation and the operation’simpact on environmental resources. If thesepreviously unidentified environmental costsresult in the patent applicant’s failing the‘‘discovery test’’, the applicant’s, miningclaims will not be valid and a patent will notbe issued.

C. The FLPMA Obligates the Secretary toAdopt the Patenting Disclosure Regulations

The FLPMA, in fact, obligates the Secretaryto adopt these Patenting DisclosureRegulations. FLPMA states that the Secretary‘‘shall, by regulation or otherwise, take anyaction necessary to prevent unnecessary orundue degradation of the lands.’’ 43 U.S.C.§ 1732(b) (emphasis added). Because thesedisclosure regulations are necessary toprevent ‘‘unnecessary or undue degradation’’,as described above, the Secretary must adoptthem.

V. Rebuttal to Legal Objections Which MayBe Raised Against the Patenting DisclosureRegulations

The Department of the Interior has raiseda number of legal objections to publicdisclosure of the information sought by thepetitioners. None of these arguments hasmerit.

A. The Trade Secrets ActThe Department of the Interior has cited

the Trade Secrets Act, 18 U.S.C. § 1905, asjustification for barring public disclosure ofany trade secrets or confidential businessinformation sought by this petition. Althoughthe Trade Secrets Act does prohibit release ofthis of information by governmentemployees, the bar does not apply if thedisclosure is ‘‘authorized by law.’’

Chrysler v. Brown is the principal casewhich establishes the standards thatdisclosure regulations must meet in order forthem to be ‘‘authorized by law’’ under theTrade Secrets Act. 99 S.Ct. 1705 (1979). InChrysler, a Federal contractor challenged theDepartment of Labor’s Office of FederalContract Compliance Programs regulationswhich provided for public disclosure ofinformation the contractor was I required tosubmit to the government on its affirmativeaction programs. The contractor asserted that


this information was confidential businessinformation under the Trade Secrets Act andthat its release to the public was notauthorized’’ by law under the Act. TheSupreme Court found in favor of thecontractor, holding that these regulationswere not ‘‘authorized’’ by any statute.

The Chrysler court’s decision establishedthree standards that disclosure regulationsmust satisfy in order to be ‘‘authorized bylaw’’ under the Trade Secrets Act. First, theregulations must be the product of acongressional grant of legislative authority,such that there is a ‘nexus’ between thedisclosure regulations and Congress’slegislative authority; second, the regulationsmust be ‘‘substantive’’ or ‘‘legislative’’ suchthat they affect individual rights andobligations; and third, the regulations musthave been promulgated in accordance withthe rulemaking requirements of theAdministrative Procedure Act, 5 U.S.C. § 553.Chrysler, 99 S.Ct. at 1717–1719.

The Patenting Disclosure Regulations are‘‘authorized by law’’ under all the Chryslerstandards. Most significantly, Section 22 ofthe Mining Law’s broad grant of regulatoryauthority establishes a ‘‘nexus’’ between thePatenting Disclosure Regulations and therequisite delegation of legislative authorityby Congress. Unlike the regulations held notto be ‘‘authorized by law’’ in Chrysler, theregulations proposed here do not spring froma mere ‘‘housekeeping’’ statute, concernedonly with the daily internal workings of anexecutive department. Chrysler at 1722.Rather, Section 22 provides authority for theSecretary of the Interior to adopt broad andsubstantive regulations on a wide range ofissues as long as they are not inconsistentwith other laws.

The Federal Land Policy Management Act(see above) similarly satisfies the Chryslernexus test. The FLPMA requires theSecretary of the Interior to ‘‘take any actionnecessary to prevent unnecessary or unduedegradation’’ of public lands. 43 U.S.C.§ 1732 (emphasis added). This broadstatutory directive contemplates thePatenting Disclosure Regulations here,because it expresses Congress’s intent to givethe Secretary wide latitude to adoptregulations that support the objective ofpreventing ‘‘unnecessary or unduedegradation’’ on public lands.

Further, the Patenting DisclosureRegulations would meet the two remainingChrysler standards. First, these PatentingDisclosure Regulations are clearly‘‘substantive’’, affecting the individual rightsand obligations’’ of mineral patentapplicants. Chrysler at 1718. Finally, thePatenting Disclosure Regulations wouldconform to the formal notice and commentrulemaking procedures required forsubstantive rules under the AdministrativeProcedure Act, 5 U.S.C. § 553(b). Id. at 1724.In sum, under the Chrysler standards, the1872 Mining Law’s Section 22 and FLPMAinvest the Patenting Disclosure Regulationswith the necessary ‘‘authority’’ to exemptthem from ’ne Trade Secret Act’s bar againstthe government’s disclosure of confidentialcommercial information.

B. Freedom of Information Act (FOIA)Exemptions

The Department of the Interior has citedexemptions to mandatory disclosurerequirements under the Freedom ofInformation Act, 5 U.S.C. § 552, as barriers tothe disclosure of much of the informationsought by the petitioners. Exemption 4 ofFOIA exempts from mandatory disclosuretrade secrets and confidential commercial orfinancial information. 5 U.S.C. § (b)(4).Exemption 5 of FOIA protects ‘‘deliberative’’and pre-decisional’’ information generated bythe government from mandatory disclosure. 5U.S.C. § (b)(5).

The Department of the Interior has citedFOIA Exemption 4 to withhold from thepublic the same type of information whoserelease is barred by the Trade Secrets Act (seeabove). BLM, Instruction Memorandum No.95–85, pp. 2–4 (9 March 1995).

The Department of the Interior has alsocharacterized certain types of informationrelated to patent applications and mineralreports as ‘‘predecisional’’ and thus properlyprotected by FOIA Exemption 5. InstructionMemorandum, supra, p. 3. Under a broadreading of Exemption 5, any mineral reportnot yet approved for patent issuance could beconsidered ‘‘pre-decisional’’, and thereforeprotected from mandatory disclosure.

However, the FOIA Exemptions 4 and 5would not prevent the release by Federalland agencies of ‘‘confidential’’ commercialinformation or ‘‘predecisional’’ materialrelated to patenting. That is because theFOIA does not bar the release of anyinformation by the Federal Government.Instead, the FOIA only permits governmentofficials, at their discretion, to withholdcertain types of information from the public.

Since the Patenting Disclosure Regulationswould have the authority of law, asdemonstrated above, the government wouldbe required to release material in patentapplications and mineral reports that thegovernment has previously withheld as‘‘confidential’’ commercial information or‘‘Pre-decisional’’ material. Thus, theSecretary’s adoption of the PatentingDisclosure Regulations would remove anywithholding discretion that Governmentofficials may possess under FOIAExemptions 4 and 5.

The Department of the Interior’s invokingof Exemption 5, to withhold ‘‘pre-decisional’’information related to patenting issuance, isless than convincing, since the main purposeof the FOIA Exemption 5 is to ‘‘safeguard thepolicy-making process.’’ A Citizen’s GuideOn Using the Freedom of Information Actand the Privacy Act of 1974 To RequestGovernment Records, H.R. Rep. No. 199,100th Cong., lst Sess. 13. To the contrary, inother contexts, the Department has assertedthat patent issuances are merely ‘‘ministerialacts’’, which involve a minimum ofpolicymaking and discretion. State of S.D. v.Andrus, 614 F.2d 1190 (1980); United Statesv. Kosanke Sand Corp., 80 I.D. 538 (1973).The Department cannot have it both ways.Because the information petitioners seek tohave disclosed is the basis for a processwhich the Department itself has described as‘‘ministerial’’ or ‘‘non-discretionary’’, theDepartment should not assert FOIA

Exemption 5 as grounds for keeping itconfidential.

VI. Equitable Impact of Patenting DisclosureRegulations on 1872 Mining Law PatentApplicants

Current and potential 1872 Mining Lawpatent applicants may contend that thePatenting Disclosure Regulations, if adopted,would cause them compensable harm,because the Regulations would effectivelyprevent them from patenting. Applicants mayargue, for example, that requiring publicdisclosure of information that the applicantswish to be held confidential would makeapplicants so reluctant to patent, thatpatenting would be impossible.

However, these proposed regulationswould not cause these patent applicants acompensable harm, because they would notremove applicants’ right to patent—Underthe regulations, holders of mining claims canstill patent - but only subject to the conditionof clearer disclosure requirements.

In addition, the holder of unpatentedmining claims who opts not to patent canstill mine and enjoy financial benefits fromhis claim. Therefore, the claimholder’s ‘‘rightof use, enjoyment, and disposition in hisunpatented mining claims remainsundiminished.’’ Freese v. United States, 639F.2d 754, 758 (Ct. Cl. 1981). Because theproposed regulations would not depriveclaimholders of any valid, pre-existing rightsin their property, they would suffer nocompensable harm. Id. at 758.

Furthermore, the Patenting DisclosureRegulations’ transition procedures, describedabove, mitigate any possible inequities thatpending patent applicants may suffer as aresult of the Regulations’ adoption. ThePatenting Disclosure Regulations would notmandate immediate disclosure of informationthat patent applicants have submitted topublic land agencies in the reasonableexpectation that it would be heldconfidential. Instead of subjecting patentapplicants to the possible hardships ofimmediate disclosure, the PatentingDisclosure Regulations would establish areasonable transition period that would befair to all applicants. The transition periodwill give applicants the time to conform to,or opt out of, the new public disclosureregime that the Regulations would establish.The transition period will give patentapplicants who do not wish to have theirpatenting information disclosed theopportunity to withdraw their applications,and thus avoid disclosure of valuablecommercial information that could benefitthe applicants’ market competitors.

VII. The Urgent Need for PatentingDisclosure Regulations

The current moratorium on processing andissuing mining patents, in effect since 1October 1994, does not diminish the urgentneed for improved patenting disclosureregulations. The current moratorium containsa generous grandfather provision whichallows the continued processing ofapproximately 360 patent applications.Without the adoption of Patenting DisclosureRegulations, these patents will likelycontinue to be issued in secrecy and withouteffective public scrutiny.


Furthermore, the current patentingmoratorium is only temporary. Themoratorium will expire on 30 September1996. If the moratorium is not renewed, 235frozen patents can be processed and issued,and new patenting applications can be filed.Unless current law is changed, billions ofmore dollars in mineral wealth will slip awayfrom the public without properaccountability.

The BLM’s continued liquidation-pricesales of mineral-rich public lands tograndfathered applicants demonstrates thecompelling need for Patenting DisclosureRegulations. Since 1994, the Department ofthe Interior has signed over title to publiclands containing over $15.3 billion inminerals to mining companies for the priceof only $16,015. The Department issued twopatents only last month. The more egregiousof the two was the BLM’s 30 April sale of 373acres of public land in Humboldt County,Nevada, to Gold Fields Mining Corporation.Gold Fields paid only $1,865 for a golddeposit worth over $1 billion.

Meanwhile, the BLM persists inconducting the patenting process in secrecyand without public scrutiny. Over the pastfew years, BLM officials have repeatedlyrefused to disclose to lead petitioner MineralPolicy Center, in response to requests forinformation, facts which are needed for aninformed evaluation of the patenting process.Most recently, for example, at 10 am (EST)on 28 May 1996, Roger Haskins, Geologist,Solid Minerals Group of the BLMHeadquarters in Washington, D.C., refused todisclose to Mineral Policy Center theinformation enumerated in section II(A)above in connection with Cambior Inc.’spatent applications for its Carlota CopperProject near Globe, Arizona. Haskinsinformed Mineral Policy Center that thisinformation was either being heldconfidential in deference to the wishes of thepatent applicant or was pre-decisional innature, and that therefore the BLM could notrelease the information to the public.Telephone communication between RogerHaskins, BLM, and Carlos Da Rosa, MineralPolicy Center (10 am (EST), 28 May 1996).

In sum, Patenting Disclosure Regulationsare necessary to provide for effective publicscrutiny of a process that is presentlyundermining fiscal soundness and therational environmental management ofAmerica’s public lands.

VII. ConclusionThe Department of the Interior has

disposed of approximately one-quartertrillion dollars of publicly-held mineralresources for nominal sums under the 1872Mining Law’s mineral patenting provisions.The results have been both fiscally andenvironmentally irresponsible.

The petitioners recognize that theDepartment of the Interior is still required toprocess grandfathered 1872 Mining Lawpatent applications. However, the law doesnot require that the patenting process beconducted in secrecy.

The public is entitled to full access to theinformation upon which the Department ofthe Interior bases its decision to dispose ofthe public’s riches under this policy.

Therefore, the petitioners respectfully urgethe speedy granting of this petition. Thankyou for your consideration.

Respectfully submitted by:/s/Philip M. Hocker,Mineral Policy Center./s/Rebecca R. Wodder,American Rivers./s/Lynne Stone,Boulder-White Clouds Council./s/Michael Clark,Greater Yellowstone Coalition./s/Cathy Carlson,National Wildlife Federation./s/Kathryn Hohmann,Sierra Club./s/Roger Flynn,Western Mining Action Project./s/Deborah Ham,Citizens for the preservation of powers Gulchand Pinto Creek./s/James D. Jensen,Montana Environmental Information Center./s/Julia Page,Northern Plains Resource Council./s/Jill Lancelot,Taxpayers for Common Sense./s/Pat Sweeney,Western Organization of Resource Councils.[FR Doc. 96–20824 Filed 8–14–96; 8:45 am]BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Part 73


Radio Broadcasting Services; Franklinand White Castle, LA

AGENCY: Federal CommunicationsCommission.ACTION: Proposed rule; dismissal of.

SUMMARY: The Commission, by thisdocument dismisses the petition for rulemaking filed by South LouisianaBroadcasters, proposing the allotment ofChannel 295C3 to Franklin, Louisiana.See 61 10976, March 18, 1996. Thecounterproposal filed by Bob Holbrookrequesting the allotment of Channel295C3 to White Castle, Louisiana, is alsodismissed. With this action, thisproceeding is terminated.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. 96–36,adopted July 19, 1996, and released July26, 1996. The full text of thisCommission decision is available for

inspection 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.

Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 96–20708 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–F

47 CFR Part 73


Radio Broadcasting Services;Starkville, MS, and Ethelsville, AL

AGENCY: Federal CommunicationsCommission.

ACTION: Proposed rule; dismissal of.

SUMMARY: The Commission, by thisdocument dismisses the petition for rulemaking filed by Charisma BroadcastingCompany, proposing the substitution ofChannel 222A for Channel 221A, thereallotment of Channel 222A fromStarkville, Mississippi, to Ethelsville,Alabama, and the modification ofStation WMSU(FM)’s authorization tospecify Ethelsville as its community oflicense. See 61 FR 15443, April 8, 1996.With this action, this proceeding isterminated.

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. 96–67,adopted July 12, 1996, and released July19, 1996. 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.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 96–20707 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–F


47 CFR Part 73

[MM Docket No. 96–147, RM–8832]

Radio Broadcasting Services; Prentiss,MS

AGENCY: Federal CommunicationsCommission.ACTION: Proposed rule.

SUMMARY: The Commission requestscomments on a petition by O’NealBroadcasting Corporation proposing theallotment of Channel 285A at Prentiss,Mississippi, as an additional FMservice. Channel 285A can be allotted toPrentiss in compliance with theCommission’s minimum distanceseparation requirements with a siterestriction of 13.1 kilometers (8.1 miles)southwest to avoid short-spacingconflicts with the licensed sites ofStation WXRR(FM), Channel 283C1,Hattiesburg, Mississippi, and StationWBKJ(FM), Channel 286C1, Kosciusko,Mississippi. The coordinates forChannel 285A at Prentiss are 31–29–43and 89–55–43.DATES: Comments must be filed on orbefore September 3, 1996, and replycomments on or before September 18,1996.ADDRESSES: Federal CommunicationsCommission, Washington, DC 20554. Inaddition to filing comments with theFCC, interested parties should serve thepetitioner, or its counsel or consultant,as follows: Rusty O’Neal, President,O’Neal Broadcasting Corporation, P.O.Box Q, Monticello, Mississippi, 39654(Petitioner).FOR FURTHER INFORMATION CONTACT: PamBlumenthal, Mass Media Bureau, (202)418–2180.SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Notice ofProposed Rule Making, MM Docket No.96–147, adopted July 12, 1996, andreleased July 19, 1996. The full text ofthis Commission decision is availablefor inspection and copying duringnormal business hours in the FCC’sReference Center (Room 239), 1919 MStreet, NW., Washington, DC. Thecomplete text of this decision may alsobe purchased from the Commission’scopy contractor, ITS, Inc., (202) 857–3800, 2100 M Street, NW., Suite 140,Washington, DC 20037.

Provisions of the RegulatoryFlexibility Act of 1980 do not apply tothis proceeding.

Members of the public should notethat from the time a Notice of ProposedRule Making is issued until the matteris no longer subject to Commissionconsideration or court review, all exparte contacts are prohibited in

Commission proceedings, such as thisone, which involve channel allotments.See 47 CFR 1.1204(b) for rulesgoverning permissible ex parte contacts.

For information regarding properfiling procedures for comments, see 47CFR 1.415 and 1.420.


Radio broadcasting.Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 96–20711 Filed 8–14–96; 8:45 am]BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and AtmosphericAdministration

50 CFR Part 622

[Docket No. 960807218-6218-01; I.D.072996D]

RIN 0648–AG89

Reef Fish Fishery of the Gulf ofMexico; Red Snapper ManagementMeasures

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Proposed rule; request forcomments.

SUMMARY: NMFS issues this proposedrule to implement certain provisions ofa regulatory amendment prepared by theGulf of Mexico Fishery ManagementCouncil (Council) in accordance withframework procedures for adjustingmanagement measures of the FisheryManagement Plan for the Reef FishResources of the Gulf of Mexico (FMP).The regulatory amendment wouldincrease the annual commercial quotafor red snapper; reopen the commercialred snapper fishery on September 15,1996, to allow harvest of the remainderof the 1996 quota; split the 1997commercial quota between two seasons,the first beginning on February 1 witha quota of 3.06 million lb (m lb) (1.39million kg (m kg)) and the secondbeginning on September 15, 1997, witha quota equal to the unharvestedbalance of the annual commercial quota;extend the rebuilding schedule for redsnapper; and increase the totalallowable catch (TAC) of red snapper.The intended effect of this proposedrule is to maximize the economicbenefits from the red snapper resource

within the constraints of the rebuildingprogram for this overfished resource.DATES: Written comments must bereceived on or before August 30, 1996.ADDRESSES: Comments on the proposedrule must be sent to Robert Sadler,Southeast Region, NMFS, 9721Executive Center Drive N., St.Petersburg, FL 33702.

Requests for copies of the frameworkregulatory amendment, which includesan addendum, environmentalassessment, a regulatory impact review(RIR), and an initial regulatoryflexibility analysis (IRFA), should besent to the Gulf of Mexico FisheryManagement Council, 5401 W. KennedyBoulevard, Suite 331, Tampa, FL33609–2486.FOR FURTHER INFORMATION CONTACT:Robert Sadler, 813–570–5305.SUPPLEMENTARY INFORMATION: The reeffish fishery of the Gulf of Mexico ismanaged under the FMP. The FMP wasprepared by the Council and isimplemented by regulations at 50 CFRpart 622 under the authority of theMagnuson Fishery Conservation andManagement Act (Magnuson Act).

Disapproval of Proposed Size LimitReductions

The regulatory amendment submittedby the Council would have reduced theminimum size limit for red snappertaken under the commercial quota from15 inches (38.1 cm) to 14 inches (35.6cm), and eliminated the FMP’sautomatic size limit increase to 16inches (40.6 cm) scheduled for January1, 1998. Based on a preliminaryevaluation of the regulatory amendment,NMFS concluded that these proposedmeasures are inconsistent with NationalStandard 1 of the Magnuson Act and theagency’s policy of risk-averse decision-making. National Standard 1 requiresthat conservation and managementmeasures prevent overfishing. Theagency’s risk-averse policy requires thatNMFS give the benefit of the doubt toconservation of the fishery resource insituations involving scientific or otheruncertainty about the effects ofmanagement actions on the resource.Recovery of the red snapper stock underthe FMP’s management program iscontingent upon achieving a 50–percentreduction in shrimp trawl bycatch ofjuvenile red snapper beginning in 1997.In the absence of actually achieving therequired level of reduction of shrimptrawl bycatch mortality, NMFSconcluded that the proposed size limitmeasures could adversely affectrebuilding of the stock. In addition,NMFS believes that the proposed sizelimit measures may be inconsistent with


the Magnuson Act’s National Standard6, which states that conservation andmanagement measures shall take intoaccount and allow for variations among,and contingencies in, fisheries, fisheryresources, and catches. Accordingly,NMFS has disapproved these size limitprovisions and has not included them inthis proposed rule.

Extension of the Red Snapper RecoverySchedule

The 1995 red snapper stockassessment, prepared by NMFS’Southeast Fisheries Science Center,concluded that (1) the species liveslonger than previously believed(estimated now at up to 53 years rather42 years), and (2) that the naturalmortality rate is lower than previouslyestimated (0.10 rather than 0.20). As aresult of the revised estimates of thenatural life span and the naturalmortality rate, the estimate of generationtime increased from 13.6 to 19.6 years.Based on these new scientific findings,and on the FMP’s specification of arecovery time period for the overfishedred snapper resource that cannot exceed1.5 times the unfished generation time,the Council has proposed to change thetarget date for recovery of the resourcefrom 2009 to 2019.

Red Snapper TAC

Based on a revised target year of 2019for rebuilding the red snapper stock andon other aspects of the 1995 red snapperstock assessment, the Council’s ReefFish Stock Assessment Panelrecommended an allowable biologicalcatch (ABC) range for red snapper of6.00 to 10.00 m lb (2.63 to 4.38 m kg)assuming the shrimp trawl bycatch ofjuvenile red snapper is reduced by atleast 50 percent beginning in 1997.Based on the current technology ofbycatch reduction devices, the Councilbelieves the required red snapperbycatch reductions can be achieved inthe required time frame. Based on theFMP’s framework procedure, theCouncil has selected a new red snapperTAC of 9.12 m lb (4.13 m kg), which iswithin the revised ABC range asrequired by the FMP.

NMFS has concerns regarding theproposed increase in the TAC since theacceptable impacts of this measure onstock recovery depend upon achievingthe 50–percent red snapper bycatchreduction goal in 1997. Comments onthis aspect of the proposed TAC arespecifically invited.

Commercial Quota, Season, andRecreational Allocation for RedSnapper

Based on the FMP’s 51:49 ratio forallocating between the commercial andrecreational fisheries, a TAC of 9.12 mlb (4.13 m kg) would result in acommercial quota of 4.65 m lb (2.10 mkg) and a recreational allocation of 4.47m lb (2.03 m kg). The commercialfishery is managed primarily based on aminimum size limit, an annual quotaenforced by a fishery closure when thequota is attained, and specializedpermitting provisions. The recreationalfishery is managed primarily by aminimum size limit and a daily baglimit. The proposed recreational fisheryallocation would not require anychanges to the current recreational baglimit of five red snapper per person perday or the current minimum size limitof 15 inches (38.1 cm).

Without the regulatory amendmentmeasures as proposed in this rule, thecommercial fishery would remainclosed until January 1, 1997, the start ofthe new fishing year. The Councilproposes that NMFS reopen thecommercial fishery on September 15,1996, to allow harvest of the remainderof the increased 1996 quota (i.e., 1.59 mlb (0.72 m kg) to be adjusted based onactual catches during the 1996 springseason).

In a related action, Amendment 13 tothe FMP, the Council proposed toextend the red snapper vessel permitendorsement and trip limit system andsuspend implementation of the redsnapper individual transferable quota(ITQ) system approved underAmendment 8. Without suspension ofthe ITQ system, the commercial fisheryfor red snapper would have to operateunder the ITQ provisions that requireissuance of ITQ coupons to authorizeharvest or possession of red snapper. Asexplained in the proposed rule forAmendment 13 (61 FR 32422, June 24,1996), NMFS is prohibited fromimplementing the ITQ system at thistime. Accordingly, the opening of thecommercial fishery on September 15,1996, under the provisions of thisproposed rule is contingent onimplementation of Amendment 13through final regulations effective on orbefore September 15. NMFS approvedAmendment 13 on August 9, 1996, andexpects to issue implementing finalregulations shortly.

This rule also would split the 1997commercial quota between two seasons,the first beginning on February 1 witha quota of 3.06 m lb (1.39 m kg) and thesecond beginning on September 15,1997, to allow harvest of the remainder

of the total annual 4.65–m lb (2.11–mkg) quota. The split seasons aredesigned to provide for harvest whenmarket demand for fresh fish is high.More stable prices are expected underthe split seasons, which would providenet economic benefits to the fishery.The anticipated closed fishery period in1997 is expected to prevent commercialharvest of red snapper in Federal watersduring the May to September spawningseason.

In the event of implementation of theITQ system (or of any alternativecontrolled access system) for the 1997fishing year, the Council intends thatthe split season for 1997 not be in effect.Therefore, the provisions for a splitseason in 1997, as contained in thisrule, may be modified by futurerulemaking in the event ofimplementation of a controlled accesssystem for the red snapper commercialfishery.

Action on the Recommended ChangesThe Council’s recommended changes

are within the scope of the managementmeasures that may be adjusted by theframework procedure specified in theFMP. The Director, Southeast Region,NMFS, initially concurs that theCouncil’s recommended measures,except for the size limit measures, areconsistent with the objectives of theFMP, the National Standards, and otherapplicable law. Accordingly, theCouncil’s recommended changes, exceptfor the size limit measures, arepublished for comment. Finaldeterminations will be made followingreview of all information and commentson the proposed rule.

ClassificationThis proposed rule has been

determined to be not significant underE.O. 12866.

The Council prepared an IRFA, aspart of the RIR, which describes theexpected impacts of the proposedregulatory amendment measures onsmall entities, if adopted. A copy of theRIR/IRFA is available from the Council(see ADDRESSES). The IRFA issummarized as follows. The proposedmanagement measures directly affect allof the estimated 1,532 small businessesengaged in the commercial harvesting ofred snapper as well as the 838 chartervessels and 92 headboats in the for-hirebusiness. A substantial number of smallbusiness entities, therefore, will beaffected. The larger commercial fisheryquota should result in increased grosscommercial harvesting revenues inexcess of 5 percent. The increasedrecreational fishery allocation shouldprovide a sufficient allowable catch to


avoid reductions in the current level ofrecreational fishery participation, i.e.,no changes should be necessary in therecreational fishery bag limit. Chartervessel and headboat operators may notexperience increases in gross revenueswith the increased recreational fisheryallocation; without the increasedallocation, additional recreationalfishery restrictions would have beenrequired. The extension of the redsnapper recovery period will haveindirect, but measurable, effects onfishing revenues or costs—such effectswill be the proximate result of therevised TAC. The delayed seasonshould slightly increase gross revenuesfor the commercial sector. While thesplit-season is expected to result inincreased revenues to the fishery, themagnitude of such effects cannot bequantified at this time. Nevertheless, thebest estimate is that such effects will notexceed 5 percent of gross revenues.Neither the commercial nor therecreational sectors should incurincreases in production costs or in costsof complying with the regulations.Considering that the expected impactsinvolve increases in gross revenueswithout increases in operating orcompliance costs, no existing businessesare expected to cease operation as aresult of this rule. Overall, the proposed

actions would have a positive andsignificant economic effect on asubstantial number of small businessentities. This action does not reviseexisting or establish any new reporting,recordkeeping, or other compliancerequirements. Disapproval of theproposed size limit measures does notchange these findings of the IRFA.


Fisheries, Fishing, Puerto Rico,Reporting and recordkeepingrequirements, Virgin Islands.

Dated: August 9, 1996.Gary Matlock,Program Management Officer, NationalMarine Fisheries Service.

For the reasons set out in thepreamble, 50 CFR part 622 is proposedto be amended as follows:

PART 622—FISHERIES OF THECARIBBEAN, GULF, AND SOUTHATLANTIC


Authority: 16 U.S.C. 1801 et seq.

2. In § 622.34, paragraph (l) is addedto read as follows:

§ 622.34 Gulf EEZ seasonal and/or areaclosures.

* * * * *(l) 1997 closure of the commercial

fishery for red snapper. From January 1through 31, 1997, red snapper in or fromthe Gulf EEZ, and each vessel for whicha commercial permit for Gulf reef fishhas been issued, as required under§ 622.4(a)(2)(v), is subject to the bag andpossession limits, as specified in§ 622.39(b)(1)(iii) and (b)(2),respectively, and to the prohibition onsale or purchase of red snapperpossessed under the bag limit, asspecified in § 622.45(c)(1).

3. In § 622.42, paragraph (a)(1) isrevised to read as follows:

§ 622.42 Quotas.

* * * * *(a) * * *(1) Red snapper—4.65 million lb (2.11

million kg), round weight, apportionedin 1996 and 1997 as follows:

(i) 3.06 million lb (1.39 million kg)available February 1, 1996, andFebruary 1, 1997; and

(ii) The remainder availableSeptember 15, 1996, and September 15,1997.* * * * *[FR Doc. 96–20810 Filed 8–14–96; 8:45 am]BILLING CODE 3510–22–F

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

42416

Vol. 61, No. 159



Office of the Secretary

Modification of Total Amount of Tariff-Rate Quota for Imported Refined Sugar

AGENCY: Office of the Secretary, USDA.ACTION: Notice.

SUMMARY: This notice modifies theaggregate quantity of sugar that may beentered under subheadings 1701.12.10,1701.91.10, 1701.99.10, 1702.90.10 and2106.90.44 of the Harmonized TariffSchedule of the United States (HTS)during fiscal year 1996 (FY 96). Asmodified, such aggregate quantity is29,258 metric tons, raw value.EFFECTIVE DATE: July 19, 1996.ADDRESSES: Inquiries may be mailed ordelivered to the Sugar Team Leader,Import Policy and Programs Division,Foreign Agricultural Service, Room5531, South Building, U.S. Departmentof Agriculture, Washington, DC 20250–1000.FOR FURTHER INFORMATION CONTACT:Stephen Hammond (Sugar TeamLeader); telephone: 202–720–1061.SUPPLEMENTARY INFORMATION: Paragraph(a)(i) of additional U.S. note 5 to chapter17 of the HTS provides in part that‘‘* * * the aggregate quantity of rawcane sugar entered, or withdrawn fromwarehouse for consumption, undersubheading 1701.11.10, during anyfiscal year, shall not exceed in theaggregate an amount (expressed in termsof raw value), not less than, 1,117,195metric tons, as shall be established bythe Secretary of Agriculture (hereinafterreferred to as ‘‘the Secretary’’), and theaggregate quantity of sugars, syrups andmolasses entered, or withdrawn fromwarehouse for consumption, undersubheadings 1701.12.10, 1701.91.10,1701.99.10, 1702.90.10, and 2106.90.44,during any fiscal year, shall not exceedin the aggregate an amount (expressedin terms of raw value), not less than22,000 metric tons, as shall be

established by the Secretary.’’ OnAugust 3, 1995, the Secretaryestablished the aggregate quantity of1,117,195 metric tons, raw value, of rawcane sugar that may be entered undersubheading 1701.11.10 of the HTS andthe aggregate quantity of 22,000 metrictons (raw value basis) for certain sugars,syrups and molasses that may beentered under subheadings 1701.12.10,1701.91.10, 1701.99.10, 1702.90.10 and2106.90.44 of the HTS during FY 96. (60FR 42142) On November 9, 1995, theSecretary increased the aggregatequantity of raw cane sugar that may beentered under subheading 1701.12.10 to1,417,195 metric tons. On January 17,1996, the Secretary increased theaggregate quantity of raw cane sugar thatmay be entered under subheading1701.11.10 to 1,817,195 metric tons. OnApril 1, 1996, the Secretary increasedthe aggregate quantity of raw cane sugarthat may be entered under subheading1701.11.10 to 2,017,195 metric tons. OnJune 12, 1996, the Secretary increasedthe aggregate quantity of raw cane sugarthat may be entered under subheading1701.11.10 to 2,167,195 metric tons.

The United States TradeRepresentative (USTR) allocated 7,258metric tons of the raw sugar tariff-ratequota to Mexico. However, Mexico hasrequested that 7,258 metric tons bemade available under the tariff-ratequota for certain other sugars, syrupsand molasses that may be entered undersubheadings 1701.12.10, 1701.91.10,1701.99.10, 1702.90.10, and 2106.90.44of the HTS. The provisions of the NorthAmerican Free Trade Agreement(NAFTA) allows Mexico to export eitherraw or refined sugar as it determines.Paragraph (a)(ii) of additional U.S. note5 to chapter 17 of the HTS provides that‘‘the Secretary may modify anyquantitative limitations which havepreviously been established. * * *’’Paragraph (b)(I) of U.S. additional note5 provides that ‘‘[t]he quota amountsestablished [by the Secretary] may beallocated among supplying countriesand areas by the United States TradeRepresentative.’’ Accordingly, thisnotice increases by 7,258 metric tons thetariff-rate quota for other sugars, syrupsand molasses. Mexico’s total accessremains unchanged at 7,258 metric tons.

Notice

Notice is hereby given that I havedetermined, in accordance with

paragraph (a)(ii) of additional U.S. note5 to chapter 17 of the HTS, that anaggregate quantity of up to 2,167,195metric tons, raw value, of raw canesugar described in subheading1701.11.10 of the HTS may be enteredor withdrawn from warehouse forconsumption and 29,258 metric tons(raw value basis) of certain sugars,syrups and molasses may be enteredunder subheadings 1701.12.10,1701.91.10, 1701.99.10, 1702.90.10, and2106.90.44 of the HTS during the periodfrom October 1, 1995, throughSeptember 30, 1996.

This modified quota amount will beallocated by the United States TradeRepresentative.

Signed at Washington, DC on August 8,1996.Dan Glickman,Secretary of Agriculture.[FR Doc. 96–20791 Filed 8–14–96; 8:45 am]BILLING CODE 3410–10–M

DEPARTMENT OF COMMERCE

International Trade Administration

Initiation of Antidumping andCountervailing Duty AdministrativeReviews and Request for Revocation

AGENCY: Import Administration,International Trade Administration,Department of Commerce.

ACTION: Notice of initiation ofantidumping and countervailing dutyadministrative reviews and request forrevocation.

SUMMARY: The Department of Commerce(the Department) has received requeststo conduct administrative reviews ofvarious antidumping and countervailingduty orders and findings with Julyanniversary dates. In accordance withthe Department’s regulations, we areinitiating those administrative reviews.The Department also received a requestto revoke one antidumping duty order.

EFFECTIVE DATE: August 15, 1996.

FOR FURTHER INFORMATION CONTACT:Holly A. Kuga, Import Administration,International Trade Administration,U.S. Department of Commerce, 14thStreet and Constitution Avenue, NW.,Washington, DC 20230, telephone: (202)482–4737.

42417Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Notices


Background

The Department has received timelyrequests, in accordance with 19 CFR353.22(a) and 355.22(a) (1994), foradministrative reviews of variousantidumping and countervailing dutyorders and findings with Julyanniversary dates. The Department also

received a timely request to revoke theantidumping duty order on high-tenacity rayon filament yarn fromGermany.

Initiation of Reviews

In accordance with sections 19 CFR353.22(c) and 355.22(c), we areinitiating administrative reviews of thefollowing antidumping and

countervailing duty orders and findings.The Department is not initiating anadministrative review of any exportersand/or producers who were not namedin a review request because suchexporters and/or producers were notspecified as required under section353.22(a) (19 CFR 353.22(a)). We intendto issue the final results of these reviewsnot later than July 31, 1997.

Period to be re-viewed

Antidumping Duty ProceedingsBRAZIL: Silicon Metal, A–351–806 ............................................................................................................................................... 7/1/95–6/30/96

Cia Brasileira Carbureto de CaleisCompanhia Brasileira Carbureto de CalcioCompanhia Ferroligas Minas Gerais—MinasligasRIMA Industrial S/AEletrosilex Belo Horizonte

GERMANY: Rayon Yarn,1 A–428–810 ......................................................................................................................................... 6/1/95–5/31/95Akzo Nobel Faser AG

GERMANY: Solid Urea, A–428–605 ............................................................................................................................................. 7/1/95–6/30/96SKW Stickstoffwerke Piesteritz GmbH

JAPAN: Electric Cutting Tools, A–588–823 .................................................................................................................................. 7/1/95–6/30/96Makita Corporation

RUSSIA: Ferrovanadium, A–821–807 ........................................................................................................................................... 1/4/95–6/30/96Galt Alloys, Inc., Odermet Limited

THAILAND: Butt-Weld Pipe Fittings, A–549–807 .......................................................................................................................... 7/1/95–6/30/96TTU Industrial Corp., Ltd.

THAILAND: Canned Pineapple, A–549–813 ................................................................................................................................. 1/11/95–6/30/96Dole ThailandSiam Food Products Public Company, Ltd.The Thai Pineapple Public Company, Ltd.Thai Pineapple Canning Industry Corp., Ltd.Thai Bonanza International Corp., Ltd.Vita Food Factory

THE PEOPLE’S REPUBLIC OF CHINA: 2 Industrial Nitrocellulose, A–570–802 ......................................................................... 7/1/95–6/30/96China North Industries Guangzhou Corp.Luzhou Chemical Plant

THE PEOPLE’S REPUBLIC OF CHINA: 3 Sebacic Acid, A–570–825 ......................................................................................... 7/1/95–6/30/96Guangdong Chemicals Import & Export CorporationSinochem International Chemicals CompanySinochem Jiangsu Import & Export CorporationTianjin Chemicals Import & Export Corporation

Countervailing Duty ProceedingsNone.

1 Inadvertently omitted from previous initiation notice.2 All other exporters of industrial nitrocellulose from the People’s Republic of China are conditionally covered by this review.3 All other exporters of sebacic acid from the People’s Republic of China are conditionally covered by this review.

If requested within 30 days of the dateof publication of this notice, theDepartment will determine, whereappropriate, whether antidumpingduties have been absorbed by anexporter or producer subject to any ofthese reviews if the subject merchandiseis sold in the United States through animporter which is affiliated with suchexporter or producer.

Interested parties must submitapplications for disclosure underadministrative protective orders inaccordance with 19 CFR 353.34(b) and355.34(b).

These initiations and this notice arein accordance with section 751(a) of theTariff Act of 1930, as amended (19

U.S.C. 1675(a)), and 19 CFR 353.22(c)(1)and 355.22(c)(1).

Dated: August 11, 1996.Jeffrey P. Bialos,Principal Deputy Assistant Secretary forImport Administration.[FR Doc. 96–20890 Filed 8–14–96; 8:45 am]BILLING CODE 3510–DS–M

DEPARTMENT OF DEFENSE

Office of the Secretary; Joint AdvisoryCommittee on Nuclear WeaponsSurety; Meeting

ACTION: Notice of advisory committeemeeting.

SUMMARY: The Joint AdvisoryCommittee on Nuclear Weapons Suretywill conduct a closed session onSeptember 10, 1996, at LawrenceLivermore National Laboratory,Livermore, California.

The Joint Advisory Committee ischarged with advising the Secretary ofDefense, Department of Energy, and theJoint Nuclear Weapons Council onnuclear weapons systems suretymatters. At this meeting the JointAdvisory Committee will receiveclassified briefings on the NationalLaboratories’ nuclear weapons stockpilestewardship programs.

In accordance with the FederalAdvisory Committee Act (Public Law

42418 Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Notices

92–463, as amended, Title 5, U.S.C.App. II, (1988)), this meeting concernsmatters, sensitive to the interests ofnational security, listed in 5 U.S.C.Section 552b(c)(1) and accordingly thismeeting will be closed to the public.

Dated: August 9, 1996.L.M. Bynum,Alternate OSD Federal Register LiaisonOfficer, Department of Defense.[FR Doc. 96–20778 Filed 8–14–96; 8:45 am]BILLING CODE 5000–04–M

Department of the Army

Army Science Board; Notice of OpenMeeting

In accordance with Section 10(a)(2) ofthe Federal Advisory Committee Act(P.L. 92–463), announcement is made ofthe following Committee Meeting:

Name of Committee: Army Science Board(ASB).

Date of Meeting: 18 & 19 September 1996.Time of Meeting: 0900–1600 (both days).Place: Aberdeen Proving Ground, MD.Agenda: The Army Science Board (ASB)

Issue Group Study on ‘‘GroundwaterTreatment Systems’’ (GWTS) will be given anoverview of the current Army GWTSprogram, review NRC assessment of GWTSeffectiveness, and visit a groundwatertechnology site. These meetings will be opento the public. Any interested person mayattend, appear before, or file statements withthe committee at the time and in the mannerpermitted by the committee. For furtherinformation, please call Michelle Diaz at(703) 695–07681.Michelle P. Diaz,Program Support Specialist, Army ScienceBoard.[FR Doc. 96–20836 Filed 8–14–96; 8:45 am]BILLING CODE 3710–08–M

Advisory Committee Notice (YakimaTraining Center Cultural and NaturalResources Committee TechnicalCommittee)

AGENCY: Headquarters, I Corps and Ft.Lewis, Ft. Lewis, WA.ACTION: Notice of open meeting.

SUMMARY: In accordance with Section10(a)(2) of the Federal AdvisoryCommittee Act (Pub. L. 92–463)announcement is made of the followingcommittee meeting.

Name of Committee: Yakima TrainingCenter Cultural and Natural ResourcesCommittee Technical Committee.

Date: August 29, 1996.Place: Yakima Training Center, Building

266, Yakima, Washington.Time: 1:00 p.m.Proposed Agenda: Cultural and Natural

Resources Management Plan. All proceedingsare open.

FOR FURTHER INFORMATION CONTACT:Stephen Hart, Chief, Civil Law, (206)967–0793.Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 96–20817 Filed 8–14–96; 8:45 am]BILLING CODE 3710–08–M

DEPARTMENT OF ENERGY

Federal Energy RegulatoryCommission

[Docket No. RP96–190–000]

Colorado Interstate Gas Company;Notice of Informal SettlementConference

August 9, 1996.Take notice that an informal

settlement conference will be convenedin this proceeding on Wednesday,August 28, 1996, at 10:00 a.m., at theoffices of the Federal Energy RegulatoryCommission, 888 First Street, N.E.,Washington, D.C., for the purpose ofexploring the possible settlement of theabove-referenced docket.

Any party, as defined in 18 CFR385.102(c) (1991), or any participant, asdefined in 18 CFR 385.102(b) (1991), isinvited to attend. Persons wishing tobecome a party must move to interveneand receive intervenor status pursuantto the Commission’s regulations, 18 CFR385.214 (1991).

For additional information, contactLorna J. Hadlock at (202) 208–0737 orDonald Williams at (202) 208–0743.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20802 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M


National Fuel Gas Supply Corporation;Notice of Tariff Filing

August 9, 1996.Take notice that on August 6, 1996,

National Fuel Gas Supply Corporation(National) tendered for filing varioustariff sheets as part of its FERC GasTariff, Third Revised Volume No. 1,with a proposed effective date ofSeptember 5, 1996.

National proposed to establish a newFirm Advance Service (FAS) underwhich National, using its existingfacilities, will provide a new firmversion of its Interruptible AdvanceService (IAS) as an additional option toits customers.

National states that the FAS servicewill be the firm equivalent of the IASservice. This service is being proposed

in response to customer requests to beallowed to predetermine when theadvanced gas will be returned. Thus, theFAS service will have a firm schedulefor the advance and for the return of gas.

Further, National states that theservices it is offering to perform will notinterfere with the firm services itcurrently provides. In addition, therewill be no cost to the current firmcustomers, because National is notproposing to expand its facilities; rather,existing customers will have enhancedservice options by the addition of thisnew service.

National states that copies of thisfiling were served upon the company’sjurisdictional customers and upon theRegulatory Commissions of the States ofNew York, Ohio, Pennsylvania,Delaware, Massachusetts, and NewJersey.

Any person desiring to be heard or toprotests said filing should file a motionto intervene protest with the FederalEnergy Regulatory Commission, 888First Street, N.E., Washington, DC.,20426, in accordance with Rules 211 or214 of the Commission’s Rules ofPractice and Procedures (18 CFR385.211 or 385.214). All such motions ofprotests must be filed as provided inSection 154.210 of the Commission’sRegulations. Protests will be consideredby the Commission in determining theappropriate action to be taken but willnot serve to make protestants parties tothe proceeding. Any person wishing tobecome a party must file a motion tointervene. Copies of this filing are onfile with the Commission and areavailable for public inspection.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20803 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M

[Docket No. ER96–1618–000]

Progress Power Marketing, Inc.; Noticeof Issuance of Order

August 9, 1996.Progress Power Marketing, Inc.

(Progress Power) filed an application forauthorization to sell power at market-based rates, and for certain waivers andauthorizations. In particular, ProgressPower requested that the Commissiongrant blanket approval under 18 CFRPart 34 of all future issuances ofsecurities and assumptions of liabilitiesby Progress Power. On August 2, 1996,the Commission issued an OrderConditionally Accepting For FilingMarket-Based Rates, EstablishingHearing Procedures, And Granting


Waivers And Authorizations (Order), inthe above-docketed proceeding.

The Commission’s August 2, 1996Order granted the request for blanketapproval under Part 34, subject to theconditions found in OrderingParagraphs (E), (F), and (H):

(E) Within 30 days of the date of thisorder, any person desiring to be heardor to protest the Commission’s blanketapproval of issuances of securities orassumptions of liabilities by ProgressPower should file a motion to interveneor protest with the Federal EnergyRegulatory Commission, 888 FirstStreet, NE., Washington, DC 20426, inaccordance with Rules 211 and 214 ofthe Commission’s Rules of Practice andProcedure, 18 CFR 385.211 and 385.214.

(F) Absent a request to be heardwithin the period set forth in OrderingParagraph (E) above, Progress Power ishereby authorized to issue securitiesand to assume obligations or liabilitiesas guarantor, endorser, surety orotherwise in respect of any security ofanother person; provided that suchissue or assumption is for some lawfulobject within the corporate purposes ofthe applicant, compatible with thepublic interest, and reasonablynecessary or appropriate for suchpurposes.

(H) The Commission reserves the rightto modify this order to require a furthershowing that neither public nor privateinterests will be adversely affected bycontinued Commission approval ofProgress Power’s issuances of securitiesor assumptions of liabilities. * * *

Notice is hereby given that thedeadline for filing motions to interveneor protests, as set forth above, isSeptember 3, 1996.

Copies of the full text of the Order areavailable from the Commission’s PublicReference Branch, 888 First Street, NE.,Washington, DC 20426.Lois D. Cashell,Secretary.[FR Doc. 96–20797 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M


Tennessee Gas Pipeline Company;Notice of Compliance Filing

August 9, 1996.Take notice that on August 6, 1996,

Tennessee Gas Pipeline Company(Tennessee), filed the following tariffsheets to be effective January 1, 1996, torevise its recovery of take-or-paydemand costs to comply with the termsof the Commission’s July 22, 1996 Orderin the referenced proceeding:Fourth Revised Sheet No. 38

Third Revised Sheet No. 39Third Revised Sheet No. 40Third Revised Sheet No. 41Third Revised Sheet No. 42Original Sheet No. 43Original Sheet No. 44Original Sheet No. 45Sheet Nos. 46–89 (Reserved for Future Use)

Tennessee states that the filingreflects the allocation of new fixedcharge take-or-pay costs to Tennessee’scurrent transportation customers thatconverted from firm sales service andTennessee’s current customers that havetaken assignments of firm sales orconverted firm sales capacity fromformer Tennessee customers by utilizingan allocation methodology based oneach such customer’s Maximum DailyQuantity (MDQ) as of the effective dateof the surcharge and permits Tennesseeto bill the take-or-pay demand costs,plus carrying costs, to those Tennesseecustomers in a lump sum fixed chargeon Tennessee’s first invoices followingthe Commission’s acceptance of theinstant compliance filing.

Tennessee states that copies of thefiling have been mailed to allparticipants in the proceeding and to allaffected customers and state regulatorycommissions.

Any person desiring to protest thisfiling should file a protest with theFederal Energy Regulatory Commission,888 First Street, N.E., Washington, D.C.20426, in accordance with 18 CFR385.211 of the Commission’s Rules andRegulations. All such protests must befiled as provided in Section 154.210 ofthe Commission’s Rules andRegulations. Protests will be consideredby the Commission in determining theappropriate action to be taken, but willnot serve to make protestants parties tothis proceeding. Copies of this filing areon file with the Commission and areavailable for public inspection in thePublic Reference Room.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20800 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M


Trunkline Gas Company; Notice ofInformal Settlement Conference

August 9, 1996.Take notice that an informal

conference will be convened in thisproceeding on Wednesday, August 21,1996, at 10:00 a.m., for the purpose ofexploring the possible settlement of theabove-referenced docket. Theconference will be held at the offices ofthe Federal Energy Regulatory

Commission, 888 First Street, N.E.,Washington, D.C. 20426.

Any party, as defined by 18 CFR385.102(c), or any participant, asdefined by 18 CFR 385.102(b), is invitedto attend. Persons wishing to become aparty must move to intervene andreceive intervenor status pursuant to theCommission’s regulations (18 CFR385.214).

For additional information, pleasecontact Hollis J. Alpert at (202) 208–0783, Marc G. Denkinger at (202) 208–2215, or Lorna C. Hadlock at (202) 208–0737.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20801 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M

[Docket No. ER96–2303–000, et al.]

Power Providers, Inc., et al.; ElectricRate and Corporate Regulation Filings

August 8, 1996.Take notice that the following filings

have been made with the Commission:

1. Power Providers Inc.

[Docket No. ER96–2303–000]Take notice that on July 31, 1996,

Power Providers Inc. tendered for filingan amendment in the above-referenceddocket.

Comment date: August 20, 1996, inaccordance with Standard Paragraph Eat the end of this notice.

2. Florida Power & Light Company

[Docket No. ER96–2605–000]Take notice that on August 1, 1996,

Florida Power & Light Company (FPL),filed a Contract for Purchases and Salesof Power and Energy between FPL andEntergy Power Marketing Corporation.FPL requests an effective date of August5, 1996.


3. Public Service Co. of Colorado


Public Service Company of Colorado(Public Service), tendered for filing aService Agreement for Firm Point-to-Point Transmission Service betweenPublic Service Company of Coloradoand UtiliCorp United Inc. Public Servicestates that the purpose of this filing isto provide Firm Point-to-PointTransmission Service, for PublicService’s deliveries of power and energyunder a power purchase agreement, inaccordance with provisions of Part II of


Public Service’s Open AccessTransmission Tariff.


4. Black Hills Corporation


Black Hills Corporation, which operatesits electric utility business under theassigned name of Black Hills Power andLight Company (Black Hills), tenderedfor filing an executed form serviceagreement with Illinova PowerMarketing, Inc.

Copies of the filing were provided tothe regulatory commission of each of thestates of Montana, South Dakota, andWyoming.

Black Hills has requested that furthernotice requirements be waived and thetariff and executed service agreementsbe allowed to become effective August1, 1996.


5. Louisville Gas and Electric Company


Louisville Gas and Electric Company,tendered for filing copies of serviceagreements between Louisville Gas andElectric Company and Enron PowerMarketing, Inc. under Rate GSS.


6. New England Power Pool


the New England Power Pool ExecutiveCommission filed signature pages to theNEPOOL Agreement dated September 1,1971, as amended, signed by ElectricClearinghouse, Inc. (ElectricClearinghouse), Alternate Power SourceInc. (Alternate Power) and Duke/LouisDreyfus Energy Services (New England)L.L.C. (Duke/Louis Dreyfus). The NewEngland Power Pool Agreement, asamended, has been designated NEPOOLFPC No. 2.

The Executive Committee states thatacceptance of the signature pages wouldpermit Electric Clearinghouse, AlternatePower and Duke/Louis Dreyfus to jointhe over 90 Participants that alreadyparticipate in the Pool. NEPOOL furtherstates that the filed signature pages donot change the NEPOOL Agreement inany manner, other than to make ElectricClearinghouse, Alternate Power andDuke/Louis Dreyfus Participants in thePool. NEPOOL requests an effective date

on or before September 1, 1996, or assoon as possible thereafter forcommencement of participation in thePool by Electric Clearinghouse,Alternate Power and Duke/LouisDreyfus.


7. Strategic Energy Management, Inc.


Strategic Energy Management, Inc.(Applicant), tendered for filing pursuantto Section 205, 18 CFR 385.205, anApplication for waivers and blanketapprovals under various regulations ofthe Commission and for an orderaccepting its FERC Electric RateSchedule No. 1 to be effective on orbefore October 1, 1996.

Applicant intends to engage inelectric power and energy transactionsas a marketer and a broker. Intransactions where Applicant sellselectricity it proposes to make suchsales on rates, terms, and conditions tobe mutually agreed to with thepurchasing party. Applicant is not in, oraffiliated with, any entity that is in thebusiness of generating, transmitting, ordistributing electric power.


8. The Montana Power Company


The Montana Power Company(Montana), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.13, as a changein rate schedule, a Supplement to RateSchedule FERC No. 175, the GeneralTransfer Agreement between TheMontana Power Company and theBonneville Power Administration(Bonneville).

A copy of the filing was served uponBonneville.


9. MidAmerican Energy Company


MidAmerican Energy Company(MidAmerican), 106 East Second Street,Davenport, Iowa 52801, tendered forfiling a Fourth Amendment dated July 2,1996, entered into by MidAmerican andInterstate Power Company (Interstate) toFacilities Agreement dated September 4,1981 entered into by Interstate andIowa-Illinois Gas and Electric Company

(a predecessor by merger toMidAmerican), such FacilitiesAgreement having been designated asMidAmerican Rate Schedule FERC No.13, as supplemented, and a TerminatingAmendment dated July 2, 1996 enteredinto by MidAmerican and Interstate toInterconnection and InterchangeAgreement dated June 20, 1967(Interchange Agreement) entered into byInterstate and Iowa Public ServiceCompany (a predecessor by merger toMidAmerican), such InterchangeAgreement having been designated asMidAmerican Rate Schedule FERC No.85, as supplemented. MidAmerican alsofiled a Notice of Cancellation withregard to the Interchange Agreementand Certificates of Concurrence byInterstate.

MidAmerican states that as the resultof the merger which createdMidAmerican, the points ofinterconnection between MidAmericanand Interstate were governed by twoseparate agreements—the FacilitiesAgreement and the InterchangeAgreement. Under the FourthAmendment all points ofinterconnection in the FacilitiesAgreement and Interchange Agreementwill be governed by the FacilitiesAgreement for the purpose ofsimplifying the operation andadministration of the points ofinterconnection. The TerminatingAgreement was entered into for thepurpose of terminating the InterchangeAgreement when all of the points ofinterconnection now governed by suchagreement are under the governance ofthe Facilities Agreement.

Copies of the filing were served uponInterstate, the Iowa Utilities Board, theIllinois Commerce Commission and theSouth Dakota Public UtilitiesCommission.


10. Louisville Gas and ElectricCompany


Louisville Gas and Electric Company,tendered for filing copies of a serviceagreement between Louisville Gas andElectric Company and Louis DreyfusElectric Power, Inc. under Rate GSS.


11. Yadkin, Inc.


Yadkin, Inc. filed a Tariff for Short-


Term Sales under which Yadkin maysell up to 209 MW of firm capacity andassociated energy from its hydroelectricfacilities at rates to be negotiatedbetween Yadkin and the buyer. Thepoint of delivery for the sale will be atYadkin’s Interchange yard located inBadin, North Carolina. Yadkin statesthat it has served a copy of the filing onthe North Carolina Public UtilitiesCommission.


12. Florida Power & Light Company


Florida Power & Light Company (FPL),filed the Contract for Purchases andSales of Power and Energy between FPLand Entergy Power, Inc. FPL requests aneffective date of August 5, 1996.


13. The Washington Water PowerCompany


The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.12, an ExchangeAgreement for the exchange of firmenergy between WWP and Enron PowerMarketing, Inc.




The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.12, an Agreementfor the sale of firm capacity and energyto the Public Utility District No. 1 ofClark County, Washington (Clark).




The Washington Water Power Company(WWP), tendered for filing with theFederal Energy Regulatory Commissionpursuant to 18 CFR 35.12, an AgreementFor The Sale Of Firm Capacity AndFirm Energy Between The WashingtonWater Power Company And Public

Utility District No. 1 of SnohomishCounty (Snohomish) and AmendmentNo. 1 to the Agreement.


16. Duquesne Light Company

[Docket No. ER96–2611–000]

Take notice that on August 2, 1996,Duquesne Light Company (DLC), filed aService Agreement dated July 17, 1996with Pan Energy Power Services, Inc.under DLC’s FERC Coordination SalesTariff (Tariff). The Service Agreementadds Pan Energy Power Services, Inc. asa customer under the Tariff. DLCrequests an effective date of July 17,1996 for the Service Agreement.



[Docket No. ER96–2612–000]

Take notice that on August 2, 1996,Duquesne Light Company (DLC), filed aService Agreement dated June 6, 1996with Duke/Louis Dreyfus L.L.C. underDLC’s FERC Coordination Sales Tariff(Tariff). The Service Agreement addsDuke/Louis Dreyfus L.L.C. as a customerunder the Tariff. DLC requests aneffective date of June 6, 1995 for theService Agreement.



[Docket No. ER96–2613–000]

Take notice that on August 2, 1996,Duquesne Light Company (DLC), filed aService Agreement dated June 26, 1996with AIG Trading Corporation underDLC’s FERC Coordination Sales Tariff(Tariff). The Service Agreement addsAIG Trading Corporation as a customerunder the Tariff. DLC requests aneffective date of June 26, 1996 for theService Agreement.



[Docket No. ER96–2614–000]

Take notice that on August 2, 1996,Duquesne Light Company (DLC), filed aService Agreement dated May 23, 1996,with Southern Energy Marketing, Inc.under DLC’s FERC Coordination SalesTariff (Tariff). The Service Agreementadds Southern Energy Marketing, Inc. asa customer under the Tariff. DLCrequests an effective date of May 23,1996 for the Service Agreement.




Duquesne Light Company (DLC), filed aService Agreement dated June 20, 1996with Duke Power Company under DLC’sFERC Coordination Sales Tariff (Tariff).The Service Agreement adds DukePower Company as a customer underthe Tariff. DLC requests an effective dateof June 20, 1996 for the ServiceAgreement.


21. Air Liquide America Corporation

[Docket No. QF96–102–000]On July 29, 1996, Air Liquide

America Corporation (Applicant), of2700 Post Oak Boulevard, 21st Floor,Houston, Texas 77056, filed with theFederal Energy Regulatory Commissionan application for certification of afacility as a qualifying cogenerationfacility pursuant to Section 292.207(b)of the Commission’s Regulations. Nodetermination has been made that thesubmittal constitutes a complete filing.

According to the applicant, thetopping-cycle cogeneration facility willbe located in Jefferson County, Ohio,and will consist of four steam boilersand an extraction/condensing steamturbine generator. Steam recovered fromthe facility will be sold to Wheeling-Pittsburgh Steel Corporation (WPS) foruse in its steel manufacturing processand for heating. The power output of thefacility will be sold to American ElectricPower and WPS. The primary energysource will be blast furnace gas. Themaximum net electric power productioncapacity of the facility will be 28.1 MW.Installation of the facility will begin inMay, 1997.

Comment date: 15 days after the dateof publication of this notice in theFederal Register, in accordance withStandard Paragraph E at the end of thisnotice.

Standard ParagraphE. Any person desiring to be heard or

to protest said filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,888 First 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 18 CFR 385.214). All such motionsor protests should be filed on or beforethe comment date. Protests will beconsidered by the Commission in


1 Columbia Gas Transmission Corporation’sapplication was filed with the Commission underSection 7 of the Natural Gas Act and Part 157 ofthe Commission’s regulations.

2 The appendices referenced in this notice are notbeing printed in theFederal Register. Copies areavailable from the Commission’s Public Referenceand Files Maintenance Branch, 888 First Street,N.E., Washington, D.C. 20426, or call (202) 208–1371. Copies of the appendices were sent to allthose receiving this notice in the mail.

determining 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. 96–20795 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–P

[Docket No. CP96–638–000]

Columbia Gas TransmissionCorporation; Notice of Intent ToPrepare an Environmental Assessmentfor the Proposed Line KA ReplacementProject and Request for Comments onEnvironmental Issues

August 9, 1996.The staff of the Federal Energy

Regulatory Commission (FERC orCommission) will prepare anenvironmental assessment (EA) that willdiscuss the environmental impacts ofthe construction and operation of thefacilities proposed in the Line KAReplacement Project.1 This EA will beused by the Commission in its decision-making process to determine whether anenvironmental impact statement isnecessary and whether to approve theproject.

Summary of the Proposed Project

Columbia Gas TransmissionCorporation (Columbia) wants to replacea section of pipeline that has extensivecorrosion and deterioration to the extentthat replacement is necessary tomaintain service to Columbia’s existingcustomers at existing levels and toensure safe and reliable operation.Columbia seeks authority to:

• Construct and operate 5.2 miles of24-inch-diameter replacement pipelinein Wyoming County, West Virginia; and

• Abandon in place 360 feet of 20-inch-diameter pipeline and abandon byremoval about 5.0 miles of 20-inch-diameter pipeline in Wyoming County,West Virginia.

The general location of the projectfacilities is shown in appendix 1.2

Land Requirements for ConstructionConstruction of the proposed facilities

would require about 98.0 acres of land.Following construction, about 31.3 acreswould be maintained as permanentright-of-way of which 9.9 acres wouldbe new permanent right-of-way. Theremaining 66.7 acres of land would berestored and allowed to revert to itsformer use.

The EA ProcessThe National Environmental Policy

Act (NEPA) requires the Commission totake into account the environmentalimpacts that could result from an actionwhenever it considers the issuance of aCertificate of Public Convenience andNecessity. NEPA also requires us todiscover and address concerns thepublic may have about proposals. Wecall this ‘‘scoping’’. The main goal of thescoping process is to focus the analysisin the EA on the importantenvironmental issues. By this Notice ofIntent, the Commission requests publiccomments on the scope of the issues itwill address in the EA. All commentsreceived are considered during thepreparation of the EA. State and localgovernment representatives areencouraged to notify their constituentsof this proposed action and encouragethem to comment on their areas ofconcern.

The EA will discuss impacts thatcould occur as a result of theConstruction and operation of theproposed project under these generalheadings:

• Geology and soils• Water resources, fisheries, and

wetlands• Vegetation and wildlife• Public safety• Land use• Cultural resources• Endangered and threatened speciesWe will also evaluate possible

alternatives to the proposed project orportions of the project, and makerecommendations on how to lessen oravoid impacts on the various resourceareas.

Our independent analysis of theissues will be in the EA. Depending onthe comments received during thescoping process, the EA may bepublished and mailed to Federal, state,and local agencies, public interestsgroups, interested individuals, affectedlandowners, newspapers, libraries, andthe Commission’s official service list forthis proceeding. A comment period willbe allotted for review if the EA ispublished. We will consider allcomments on the EA before werecommend that the Commissionapprove or not approve the project.

Currently Identified EnvironmentalIssues

We have already identified severalissues that we think deserve attentionbased on a preliminary review of theproposed facilities and theenvironmental information provided byColumbia. This preliminary list ofissues may be changed based on yourcomments and our analysis.

• One residence is located within 50feet of the proposed construction workarea.

• The project may cross properties onor eligible for inclusion on the NationalRegister of Historic Places.

Public Participation

You can make a difference by sendinga letter addressing your specificcomments or concerns about the project.You should focus on the potentialenvironmental effects of the proposal,alternatives to the proposal (includingalternative routes), and measures toavoid or lessen environmental impact.The more specific your comments, themore useful they will be. Please followthe instructions below to ensure thatyour comments are received andproperly recorded:

• Address your letter to: Lois Cashell,Secretary, Federal Energy RegulatoryCommission, 888 First St., N.E.,Washington, DC 20426;

• Reference Docket No. CP96–638–000;

• Send a copy of your letter to: Ms.Dawn Deibert Neumann, EA ProjectManager, Federal Energy RegulatoryCommission, 888 First St., N.E., PR–11.2, Washington, DC 20426; and

• Mail your comments so that theywill be received in Washington, DC onor before September 16, 1996.

If you wish to receive a copy of theEA, you should request one from Ms.Neumann at the above address.

Becoming an Intervenor

In addition to involvement in the EAscoping process, you may want tobecome an official party to theproceeding or become an ‘‘intervenor’’.Among other things, intervenors havethe right to receive copies of case-related Commission documents andfilings by other intervenors. Likewise,each intervenor must provide copies ofits filings to all other parties. If youwant to become an intervenor you mustfile a motion to intervene according toRule 214 of the Commission’s Rules ofPractice and Procedure (18 CFR385.214) (see appendix 2).

The date for filing timely motions tointervene in this proceeding has passed.Therefore, parties now seeking to file


late 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 your scopingcomments considered.

Additional information about theproposed project is available from Ms.Dawn Deibert Neumann, EA ProjectManager, at (202) 208–1046.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20796 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M

[Project No. 1494–123]

Grand River Dam Authority; Notice ofAvailability of Draft EnvironmentalAssessment

August 9, 1996.A draft environmental assessment

(DEA) is available for public review.The DEA was prepared for anapplication filed by Grand River DamAuthority (GRDA) that requests anamendment to the operating rule curvefor impoundment elevations requiredunder license article 401. In summary,GRDA proposes to modify the licensedrule curve by: (1) Delaying the springrise from elevation 742 feet PD by twoweeks, from April 16 to May 1, to betteraccommodate runoff from spring flows;(2) setting the rule curve’s maximumwater surface elevation at 744 feet PDinstead of 745 feet PD to provide betterflood management; and (3) delaying thedrawdown from elevation 744 feet PDby about three weeks, from July 6 toAugust 1, and the drawdown fromelevation 743 feet PD by about twoweeks, from August 1 to August 16, tobetter coincide with the recreationalboating season. The PensacolaHydroelectric Project is located on thegrand River, near the towns of Langleyand Disney, in Craig, Delaware, Mayes,and Ottawa Counties, Oklahoma.

The DEA finds that GRDA’s proposedamendment is not a major federal actionsignificantly affecting the quality of thehuman environment. The DEA waswritten by staff in the Office ofHydropower Licensing, Federal EnergyRegulatory Commission. Copies of theDEA can be obtained by calling theCommission’s Public Reference Room at(202) 208–1371.

Comments on the DEA must be filedwith the Commission within 30 daysfrom the date of this notice. Commentsshould be addressed to: Ms. Lois D.Cashell, Secretary, Federal EnergyRegulatory Commission, 888 First

Street, N.E., Washington, D.C. 20426.Please include the project number(1494–123) on any comments filed.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20798 Filed 8–14–96; 8:45 a.m.]BILLING CODE 6717–01–M

Notice of Application Filed With theCommission

August 9, 1996.Take notice that the following

hydroelectric application has been filedwith the Commission and is availablefor public inspection:

a. Type of Application: Transfer ofLicense and Lease of Project Property.

b. Project No: 2725–047.c. Date Filed: July 18, 1996.d. Applicant: Oglethorpe Power

Corporation and Georgia PowerCompany.

e. Name of Project: Rocky MountainPumped Storage Project.

f. Location: Heath Creek in FloydCounty, Georgia.

g. Filed Pursuant to: Federal PowerAct, 16 U.S.C. § 791(a)–825(r).

h. Applicant Contact: James A. Orr,Esquire, Sutherland Asbill & Brennan,999 Peachtree Street, NE., Atlanta, GA30309–3996, (404) 853–8578.

i. FERC Contact: David Cagnon, (202)219–2693.

j. Comment Date: September 3, 1996.k. Description of Transfer: The

Oglethorpe Power Corporation andGeorgia Power Company, licensees,propose to partially transfer the licensefor Project No. 2725 to include an ownertrustee and a trustee of a specialbusiness trust created under theDelaware Business Act, acting solely intheir respective capacities as trustees.The trustees would be added aslicensees to facilitate permanentfinancing of the project through a saleand leaseback transaction.

l. This notice also consists of thefollowing standard paragraphs: B, C2,and D2.

B. Comments, Protests, or Motions toIntervene—Anyone may submitcomments, a protest, or a motion tointervene in accordance with therequirements of Rules of Practice andProcedure, 18 CFR 385.210, 385.211,385.214. In determining the appropriateaction to take, the Commission willconsider all protests or other commentsfiled, but only those who file a motionto intervene in accordance with theCommission’s Rules may become aparty to the proceeding. Any comments,protests, or motions to intervene mustbe received on or before the specified

comment date for the particularapplication.

C2. Filing and Service of ResponsiveDocuments—Any filings must bear inall capital letters the title‘‘COMMENTS,’’‘‘RECOMMENDATIONS FOR TERMSAND CONDITIONS,’’ ‘‘NOTICE OFINTENT TO FILE COMPETINGAPPLICATION,’’ ‘‘COMPETINGAPPLICATION,’’ ‘‘PROTEST,’’ or‘‘MOTION TO INTERVENE,’’ asapplicable, and the Project Number ofthe particular application to which thefiling refers. Any of these documentsmust be filed by providing the originaland the number of copies provided bythe Commission’s regulations to: TheSecretary, Federal Energy RegulatoryCommission, 888 First Street, NE.,Washington, DC 20426. A copy of anotice of intent, competing application,or motion to intervene must also beserved upon each representative of theApplicant specified in the particularapplication.

D2. Agency Comments—Federal,State, and local agencies are invited tofile comments on the describedapplication. A copy of the applicationmay be obtained by agencies directlyfrom the Applicant. If an agency doesnot file comments within the timespecified for filing comments, it will bepresumed to have no comments. Onecopy of an agency’s comments must alsobe sent to the Applicant’srepresentatives.Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 96–20799 Filed 8–14–96; 8:45 am]BILLING CODE 6717–01–M

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

DATE AND TIME: Tuesday, August 20,1996 at 10:00 a.m.PLACE: 999 E Street, N.W., Washington,D.C.STATUS: This Meeting Will Be Closed tothe Public.ITEMS TO BE DISCUSSED:Compliance matters pursuant to 2 U.S.C.

§ 437gAudits conducted pursuant to 2 U.S.C.

§ 437g, § 438(b), and Title 26, U.S.C.Matters concerning participation in civil

actions or proceedings or arbitrationInternal personnel rules and procedures or

matters affecting a particular employee

DATE AND TIME: Thursday, August 22,1996 at 10:00 a.m.PLACE: 999 E Street, N.W., Washington,D.C. (Ninth Floor.)


STATUS: This Meeting Will Be Open tothe Public.

ITEMS TO BE DISCUSSED:

Correction and Approval of MinutesAdvisory Opinion 1996–25: Stanley M.

Brand on behalf of Seafarers PoliticalActivity Donation (‘‘SPAD’’) (tentative)

Advisory Opinion 1996–29: Stanley R. deWaal, Treasurer, Chris Cannon forCongress, Inc.

Advisory Opinion 1996–30: Robert F. Baueron behalf of the Democratic SenatorialCampaign Committee and the DemocraticCongressional Campaign Committee

Advisory Opinion 1996–32: Craig M. Engle,General Counsel, National RepublicanSenatorial Committee (tentative)

Advisory Opinion 1996–33: David R.Connell, Treasurer, Colantuono forCongress (tentative)

Administrative Matters

PERSON TO CONTACT FOR INFORMATION:Mr. Ron Harris, Press Officer,Telephone: (202) 219–4155.Marjorie W. Emmons,Secretary of the Commission.[FR Doc. 96–20980 Filed 8–13–96; 2:38 pm]BILLING CODE 6715–01–M

FEDERAL MARITIME COMMISSION

Security for the Protection of thePublic, Financial Responsibility toMeet Liability Incurred for Death orInjury to Passengers or Other Personson Voyages; Notice of Issuance ofCertificate (Casualty)

Notice is hereby given that thefollowing have been issued a Certificateof Financial Responsibility to MeetLiability Incurred for Death or Injury toPassengers or Other Persons on Voyagespursuant to the provisions of Section 2,Public Law 89–777 (46 U.S.C. § 817(d))and the Federal Maritime Commission’simplementing regulations at 46 C.F.R.Part 540, as amended:

Princess Cruises, Inc., P & O Lines(Shipowners) Limited and ThePeninsular and Oriental SteamNavigation Company, 10100 SantaMonica Blvd., Los Angeles, California90067–4189

Vessel: ROYAL PRINCESS

Dated: August 9, 1996.Joseph C. Polking,Secretary.[FR Doc. 96–20762 Filed 8–14–96; 8:45 am]BILLING CODE 6730–01–M

Fact Finding Investigation No. 22Possible Rate Malpractices inSpecified United States-ForeignTrades; Amendment to Order ofInvestigation

On August 8, 1994, the Commissioninstituted this nonadjudicatoryinvestigation into the practices ofcommon carriers and other persons withrespect to untariffed transportationactivity and the possible payment ofrebates and any other devices or meansof providing, or allowing persons toobtain, transportation at less or differentcompensation than the rates and chargesshown in applicable tariffs or servicecontracts. The Commission’s Order ofInvestigation specified that the scope ofthe fact finding would be limited totrades between the United States andEurope, the Far East, South America,Central America, and the Caribbean.Investigative Officers named in theOrder were Wm. Jarrel Smith, Jr., theformer Director of the Commission’sBureau of Hearing Counsel, Vern W.Hill, the former Deputy Director of thatBureau, and three attorneys thenassigned to the Bureau of HearingCounsel.

Since the commencement of thisproceeding, Mr. Smith has retired andthe Bureau of Hearing Counsel has beenmerged with the Bureau ofInvestigations to form the Bureau ofEnforcement. Mr. Hill is now theDirector of the Bureau of Enforcementand the other Investigative Officersnamed in the Commission’s Order ofInvestigation are attorneys assigned tothat Bureau. In view of Mr. Smith’sdeparture, and the reorganization of theCommission’s enforcement personnel,the Commission is amending its Orderof Investigation to name the currentDirector and attorneys assigned to theBureau of Enforcement as InvestigativeOfficers.

The Commission also has decided toremove the geographic limits on thisinvestigation to permit inquiry intomalpractices in any U.S. foreign trade.Recent reductions in the Commission’senforcement personnel, coupled withindications that malpractices areincreasing in many trades, requireincreased efficiency in our investigatoryand enforcement functions. Thecompulsory process and other powersmade available to Investigative Officersin this fact finding proceeding shouldassist in achieving that goal.

Therefore, it is ordered, That pursuantto sections 8, 10, 11 and 12 of theShipping Act of 1984, 46 U.S.C. app.1707, 1709, 1710, and 1711, and part502, Subpart R of Title 46 of the Codeof Federal Regulations, 46 CFR 502.281,

et seq., the Commission’s Order ofInvestigation served August 8, 1994 inthis nonadjudicatory investigation ishereby amended as follows:

1. In the first ordering paragraph, delete thewords, ‘‘in the trades between United Statesports and point and ports and points inEurope, the Far East, South America, CentralAmerica or the Caribbean’’ and insert, in lieuthereof, the words, ‘‘in U.S. foreign trades.’’

2. In the second ordering paragraph, deletethe first sentence and insert, in lieu thereof,‘‘That the Investigative Officers shall be VernW. Hill, Charles L. Haslup, III, Paul J. Kaller,Peter J. King, Joseph B. Slunt, and Martha C.Smith of the Commission.’’

It is further ordered, That notice ofthis Order be published in the FederalRegister.

By the Commission.Joseph C. Polking,Secretary.[FR Doc. 96–20808 Filed 8–14–96; 8:45 am]BILLING CODE 6730–01–M

GENERAL SERVICESADMINISTRATION

Notice of Availability; DraftEnvironmental Impact Statement(DEIS) Development of a Clifton RoadCampus Annex Centers for DiseaseControl and Prevention Atlanta,Georgia

Pursuant to the requirements of theNational Environmental Policy Act(NEPA) of 1969, and the President’sCouncil on Environmental QualityRegulations (40 CFR 1500–1508), asimplemented by General ServicesAdministration (GSA) Order PBS P1095.4B, GSA announces theavailability of the Draft EnvironmentalImpact Statement (DEIS) for a 45 daycomment period, for the long-termdevelopment, over a twenty yearhorizon, of a campus annex (WestCampus) to house the Centers forDisease Control and Prevention (CDC) inAtlanta, Georgia. Your commentsshould be addressed directly to GSA.The 45-day comment period will beginwith the publication of this Notice inthe Federal Register.

The DEIS examined the short andlong term impacts on the natural andbuilt environments of developing andoperating a mix of laboratory, office, andsupport space at the proposed WestCampus. The DEIS also examinedmeasures to mitigate unavoidableadverse impacts of the proposed action.The Main CDC Campus occupies 27.6acres, and is bounded by Clifton Roadto the north, Michael Street to the southand east, and Clifton Way to the west.CDC currently occupies approximately


884,000 gross square feet in 17buildings, housing some 1,900personnel. Approximately 60 percent ofgross square footage consists oflaboratory space, the remainder beingoffice, administrative, and facilitysupport space. There are approximately1,800 parking spaces on site.

To meet CDC’s known facilityreplacement needs, and to providefuture expansion space, GSA proposesto acquire and develop approximately17.6 acres bounded by Clifton Road tothe north Clifton Way to the east, andMichael Street to the south and west(West Campus). The maximumanticipated development over a twentyyear planning horizon is approximately633,000 additional gross square feet oflaboratory, office, and support space,and 1,521 additional parking spaces.

GSA has identified the followingalternatives to be examined in the EIS:

• ‘‘No Action,’’ that is, undertake nosite acquisition and development at all.

• Full Acquisition of 17.6 acres andfull development of the proposed WestCampus Site, previously described. Thisis the GSA/CDC preferred alternativeand the proposed action.

• Limited Expansion by acquisition ofless than the full 17.6 acres anddevelopment and expansion on aportion of the 17.6 acres and on theexisting campus.

• On site consolidation and noadditional site acquisition, withdevelopment occurring on the existinggovernment-owned CDC Campus site.

As part of the public scoping process,GSA encourages you to providecomments on the DEIS in writing at thefollowing address: Mr. George Chandleror Mr. Phil Youngberg, GSA/PBSPortfolio Management 4PT, 401 WestPeachtree Street, NW, Suite 3010,Atlanta, GA 30365 or, FAX yourcomments to GSA at 404–331–4540.Comments should be postmarked nolater than October 7, 1996.

GSA intends to conduct a PublicMeeting during the 45-day commentperiod to solicit comments on the DEIS,and to address general questions andconcerns. GSA will place a Notice ofthis and all subsequent public meetingsand document releases concerning theproposed action in the Atlanta Journal-Constitution approximately two weeksprior to the event. GSA will notifypersons and organizations on ourmailing list. Persons who wish to beadded to the mailing list should write orFAX GSA as indicated in this Notice.

Dated: August 8, 1996.Phil Youngberg,Regional Environmental Officer, 4PT.[FR Doc. 96–20840 Filed 8–14–96; 8:45 am]BILLING CODE 6820–34–M

Notice of Availability, EnvironmentalAssessment and Finding of NoSignificant Impact (FONSI) for theDepartment of Veterans AffairsLeasing Action in San Diego

Pursuant to the Council ofEnvironmental Quality Regulations (40CFR 1500–1508) implementingprocedures provisions of the NationalEnvironmental Policy Act (NEPA), theGeneral Services Administration herebygives notice that an EA and subsequentFONSI for the leasing action within theCity of San Diego has been prepared.

Proposed Action: The proposedproject would include a lease of 133,130rentable square feet of building spaceand 400 onsite parking spaces. Thedelineated area is Aero Drive to thenorth: Interstate 15 to the east;University Avenue from Interstate 15 toKeating Street and Keating Street toInterstate 5 as the southern boundary;and Interstate 5 from Keating Streetnorth to Interstate 8 and Linda VistaRoad north from Interstate 8 to AeroDrive as the western boundary.

Public Involvement: The FONSIprepared by GSA addressing this actionis on file and may be obtained from theUS General Services Administration,Pacific Rim Region, Attn: RosanneNieto, 450 Golden Gate Avenue, SanFrancisco, California 94102.

Dated: August 8, 1996.Alan Campbell,Assets Manager, Public Buildings Service,General Services Administration, Pacific RimRegion.[FR Doc. 96–20839 Filed 8–14–96; 8:45 am]BILLING CODE 6820–24–M


Agency for Health Care Policy andResearch

Agency Information CollectionActivities: Proposed CollectionReinstatement; Comment Request

AGENCY: Agency for Health Care Policyand Research, HHS.ACTION: Notice.

SUMMARY: This notice announces theAgency for Health Care Policy andResearch’s (AHCPR) intention to requestthe Office of Management and Budget

(OMB) to reinstate an expiredinformation collection project. Inaccordance with the PaperworkReduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)), the AHCPRinvites the public to comment on thisproposed reinstatement of aninformation collection.DATES: Comments on this notice must bereceived by October 15, 1996.ADDRESSES: Written comments shouldbe submitted to: Carole Dillard, ReportsClearance Officer, AHCPR, 2101 EastJefferson Street, Suite 502, Rockville,MD 20852–4908.

All comments will become a matter ofpublic record. Comments submitted inresponse to this notice will besummarized and included in the requestfor OMB approval of the proposedinformation collection reinstatement.

In accordance with the above citedlegislation, comments on thereinstatement of AHCPR informationcollection proposal are requested withregard to any of the following: (a)Whether the proposed collection ofinformation is necessary for the properperformance of functions of the Agency,including whether the information shallhave practical utility; (b) the accuracy ofthe Agency’s estimate of the burden ofthe proposed collection of information;(c) ways to enhance the quality, utility,and clarity of the information to becollected; and (d) ways to minimize theburden of the collection of informationon respondents, including through theuse of automated collection techniquesor other forms of informationtechnology.FOR FURTHER INFORMATION CONTACT:Carole Dillard, AHCPR’s ReportsClearance Officer, (301) 594–1357,extension 1324.


Proposed ProjectPretest for 1997 Medical Expenditure

Panel Survey—Insurance Component(MEPS–IC). AHCPR intends to conducta survey of establishments in 1997 tocollect information from employersconcerning employer-sponsored healthinsurance. This survey will be anintegration of two previous surveys,now components of MEPS–IC. The twosurveys, which collected similarinformation, are: 1.) the 1987 HealthInsurance Plans Survey (HIPS)sponsored by AHCPR, and 2.) theNational Employer Health InsuranceSurvey (NEHIS) sponsored by AHCPR,NCHS (National Center for HealthStatistics), HCFA (Health CareFinancing Administration). Due to theintegration of HIPS and NEHIS surveyoperations into MEPS–IC, updating of


the questionnaire, and proposedchanges in collection methodology,AHCPR proposes to test this updatedsurvey collection activity. A sample ofpotential respondents will be selectedand data collection will be attempted.Based upon the results of this testcollection effort, AHCPR will developand refine the survey process of the1997 MEPS–IC.

Burden Estimates FollowNumber of Respondents .............................350Number of Surveys per Respondent...............1Average Burden/Response............................75Estimated Total Burden..............................263

Copies of these proposed informationcollection plans and instruments can beobtained from AHCPR ReportsClearance Officer (see above for details).

Dated: August 8, 1996.Clifton R. Gaus,Administrator.[FR Doc. 96–20819 Filed 8–14–96; 8:45 am]BILLING CODE 4160–90–M

Centers for Disease Control andPrevention

Diseases Transmitted Through theFood Supply

AGENCY: Centers for Disease Control andPrevention (CDC), HHS.ACTION: Notice of annual update of listof infectious and communicablediseases that are transmitted throughhandling the food supply and themethods by which such diseases aretransmitted.

SUMMARY: Section 103 (d) of theAmericans with Disabilities Act of 1990,Public Law 101–336, requires theSecretary to publish a list of infectiousand communicable diseases that aretransmitted through handling the foodsupply and to review and update the listannually. The Centers for DiseaseControl and Prevention (CDC) publisheda final list on August 16, 1991 (56 FR40897) and an update on January 13,1994 (59 FR 1949). No new informationthat would warrant additional changeshas been received; therefore the list, asset forth in the first update and below,remains unchanged.EFFECTIVE DATE: August 15, 1996.FOR FURTHER INFORMATION CONTACT: Dr.Morris E. Potter, National Center forInfectious Diseases, Centers for DiseaseControl and Prevention (CDC), 1600Clifton Road, NE., Mailstop A–38,Atlanta, Georgia 30333, telephone (404)639–2213.SUPPLEMENTARY INFORMATION: Section103 (d) of the Americans with

Disabilities Act of 1990, 42 U.S.C. 12113(d), requires the Secretary of Health andHuman Services to:

1. Review all infectious and communicablediseases which may be transmitted throughhandling the food supply;

2. Publish a list of infectious andcommunicable diseases which aretransmitted through handling the foodsupply;

3. Publish the methods by which suchdiseases are transmitted; and,

4. Widely disseminate such informationregarding the list of diseases and their modesof transmissibility to the general public.

Additionally, the list is to be updatedannually. Since the publication of thelist on January 13, 1994 (59 FR 1949),CDC has received no information toindicate that additional unlisteddiseases are transmitted throughhandling the food supply. Therefore, thelist set forth below is unchanged fromthe list published in the FederalRegister on January 13, 1994.

I. Pathogens Often Transmitted by FoodContaminated by Infected Persons WhoHandle Food, and Modes ofTransmission of Such Pathogens

The contamination of raw ingredientsfrom infected food-producing animalsand cross-contamination duringprocessing are more prevalent causes offoodborne disease than is contaminationof foods by persons with infectious orcontagious diseases. However, somepathogens are frequently transmitted byfood contaminated by infected persons.The presence of any one of thefollowing signs or symptoms in personswho handle food may indicate infectionby a pathogen that could be transmittedto others through handling the foodsupply: diarrhea, vomiting, open skinsores, boils, fever, dark urine, orjaundice. The failure of food-handlers towash hands (in situations such as afterusing the toilet, handling raw meat,cleaning spills, or carrying garbage, forexample), wear clean gloves, or useclean utensils is responsible for thefoodborne transmission of thesepathogens. Non-foodborne routes oftransmission, such as from one personto another, are also major contributorsin the spread of these pathogens.Pathogens that can cause diseases afteran infected person handles food are thefollowing:

Hepatitis A virusNorwalk and Norwalk-like virusesSalmonella typhiShigella speciesStaphylococcus aureusStreptococcus pyogenes

II. Pathogens Occasionally Transmittedby Food Contaminated by InfectedPersons Who Handle Food, but UsuallyTransmitted by Contamination at theSource or in Food Processing or byNon-foodborne Routes

Other pathogens are occasionallytransmitted by infected persons whohandle food, but usually cause diseasewhen food is intrinsically contaminatedor cross-contaminated during processingor preparation. Bacterial pathogens inthis category often require a period oftemperature abuse to permit theirmultiplication to an infectious dosebefore they will cause disease inconsumers. Preventing food contact bypersons who have an acute diarrhealillness will decrease the risk oftransmitting the following pathogens:

Campylobacter jejuni

Entamoeba histolytica

Enterohemorrhagic Escherichia coli

Enterotoxigenic Escherichia coli

Giardia lamblia

Nontyphoidal Salmonella

Rotavirus

Taenia solium

Vibrio cholerae 01

Yersinia enterocolitica

References

1. World Health Organization. Healthsurveillance and managementprocedures for food-handling personnel:report of a WHO consultation. WorldHealth Organization technical reportseries; 785. Geneva: World HealthOrganization, 1989.

2. Frank JF, Barnhart HM. Food anddiary sanitation. In: Last JM, ed. Maxcy-Rosenau public health and preventivemedicine, 12th edition. New YorkAppleton-Century-Crofts, 1986:765–806.

3. Bennett JV, Holmberg SD, RogersMF, Solomon SL. Infectious andparasitic diseases. In: Amler RW, DullHB, eds. Closing the gap: the burden ofunnecessary illness. New York: OxfordUniversity Press, 1987:102–114.

4. Centers for Disease Control. Locallyacquired neurocysticercosis—NorthCarolina, Massachusetts, and SouthCarolina, 1989–1991. MMWR 1992;41:1–4.

Dated: August 7, 1996.Claire V. Broome,Deputy Director, Centers for Disease Controland Prevention (CDC).[FR Doc. 96–20814 Filed 8–14–96; 8:45 am]BILLING CODE 4163–18–P



[Docket No. 96N–0225]

Submission Requirements for AllGrant and/or Cooperative AgreementApplications Submitted to the Foodand Drug Administration for FundingConsideration

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is announcingchanges to its grant and/or cooperativeagreement noncompeting continuationapplication submission requirements forfiscal year (FY) 1997. The StreamlinedNoncompeting Award Process (SNAP)was originally implemented by theNational Institutes of Health (NIH) in FY1994, in an effort to simplify the processfor submission of information necessaryfor grantees to receive a noncompetinggrant award. By incorporating SNAPinto FDA’s processes, effective in FY1997, FDA will be consistent with NIHrequirements for the submission andprocessing of noncompetingcontinuations.FOR FURTHER INFORMATION CONTACT:Robert L. Robins, Grants ManagementOfficer, Food and Drug Administration(HFA–520), Park Bldg., rm. 3–40, 5600Fishers Lane, Rockville, MD 20857,301–443–6170.SUPPLEMENTARY INFORMATION:

I. Eligibility

All grantees covered by the ExpandedAuthorities are eligible for SNAP. Anygrantee excluded from the ExpandedAuthorities, e.g., those granteesdesignated as ‘‘Exceptional’’ and foreigngrantees, would routinely be excludedfrom SNAP. Additional examples ofgrantees that would be excluded fromSNAP include (but are not limited to)the following: (1) Grantees that requireclose project monitoring or technicalassistance (e.g., first time grantees); (2)grantees that have a consistent patternof failure to adhere to appropriatereporting deadlines; and (3) any activitythat is excluded from SNAP at thediscretion of the awarding agency.Applicants applying for FDA’s SmallScientific Conference Grant Program orthose applying for cooperativeagreements are not eligible for SNAPregardless of whether or not they arecovered by the Expanded Authoritiesauthorized under other grant programs.

II. Snap Procedures

For a new competitive applicationreceived in FY 1997, the applicant must

address all years of funding supportrequested in the Scope of Work orResearch Plan, and provide sufficientinformation needed for evaluation of theentire project, independent of any otherdocumentation. As the funding for theproject will be negotiated for all years atthe time of the initial competitivesegment, the budgets for all years ofrequested support must be fullyjustified.

New grantees who receivecompetitive awards in FY 1997, forwhich there is a noncompetitivesegment, will be required to use theSNAP for future years of supportutilizing the instructions listed below inconjunction with the instructions in thePHS 2590 (Rev. 5/95) application kit.Elements in the PHS 2590 that remainthe same, e.g., a biographical sketchpage for new key personnel and whenadditional information is required,should use the appropriate pages fromthe PHS 2590 application.

Instructions:1. Complete the face page (form page

1), the Progress Report Summary (formpage 6), the personnel and studysubjects page (form page 7), thechecklist page (form page 8), andprovide a brief, two page progress report(tables and/or figures that summarizekey accomplishments may be inaddition to the two pages). It is notnecessary to complete the indirect costportion of the checklist page unlessthere is a change in the performancesite.

2. Answers to the following questionsshould be inserted before the progressreport:

a. Has there been a change in othersupport of key personnel since the lastreporting period? Specific informationis to be provided only if active supporthas changed. If a previously active granthas terminated and/or if a previouslypending grant is now active, the changein support is to be reported. Submissionof other support information is notnecessary if support is pending or forchanges in the level of effort for activesupport reported previously. Othersupport information should besubmitted only for the principalinvestigator and for those individualswho are considered by the principalinvestigator to be key to the project. Akey person is defined as an individualwho contributes in a substantive way tothe scientific development or executionof the project, whether or not a salaryis requested. Key personnel are definedon page 11 of the PHS 398 grantapplication kit (Rev. 5/95).

b. Will there be, in the next budgetperiod, significant rebudgeting of fundsand/or changes in level of effort for key

personnel from what was approved inthe current year’s budget for thisproject? Significant rebudgeting occurswhen expenditures in a single directcost budget category deviate (increase ordecrease) from the categoricalcommitment level established at thetime of the competing award by morethan 25 percent of the total amountawarded, or $250,000, whichever is less.The basis for determining significantrebudgeting excludes the effects ofcarryover of prior year unobligatedbalances, but includes competing oradministrative supplements. Thisimplementation redefines significantrebudgeting contained in the currentPHS Grants Policy Statement (Rev. 4/1/91), pages 8–1 and 8–7.

c. Will there be, in the next budgetperiod, a change in the level of effort forkey personnel? A significant change inthe level of effort is defined in theFederal regulations (45 CFR 74.25(c)(3))as a 25 percent reduction in time/effortdevoted to the project. For example, ifa key person on the project is expectedto reduce his/her effort from 40 percentto 30 percent, which represents a 25percent reduction in the level of effort,the detailed budget page (form page 2)and the budget justification page (formpage 3) are to be submitted in thenoncompeting continuation. Thisrequirement applies regardless ofwhether or not the key person iscompensated from the grant.

3. Explain any estimated unobligatedbalance (including prior year carryover)that is greater than 25 percent of thecurrent year’s total budget or more than$250,000. An estimated unobligatedbalance that meets this criterion is to bereported on the Progress ReportSummary page (form page 5). Anexplanation of why there is a significantbalance and how it will be spent ifcarried forward into the next budgetperiod is to be provided.

The questions regarding other supportand significant rebudgeting and/orchange in level of effort must beanswered by stating that no change hasoccurred or is planned. If a change hasoccurred or is planned, the appropriateform and/or justification is to besubmitted in the noncompetingcontinuation application. Informationregarding unobligated balances must beprovided when it is anticipated thatthere will be an unobligated balance(including prior year carryover) of 25percent of the current year’s totalbudget, or more than $250,000.

The Progress Report Summary (formpage 5) is to be used to provide therequested information, which should beprovided before beginning the progressreport. The progress report instructions


contained on pages 7 through 9 of thePHS 2590 (Rev. 5/95) form should befollowed for reporting on researchprogress. Supplemental reportinginstructions may be required dependingon different FDA grant programrequirements. After reviewing thenoncompeting continuation application,the FDA program and/or grantsmanagement staff may requireadditional information to evaluate theproject for continued funding. Failure toprovide this information in a timelymanner may result in a delayed award.

FDA grants are funded under thelegislative authority of section 301 ofthe Public Health Service Act (24 U.S.C.241).


[Docket Nos. 96P–0190/CP1, 96P–0197/CP1,96P–0251/CP1]

Determination That SelegilineHydrochloride 5-Milligram Tablet WasNot Withdrawn From Sale For Reasonsof Safety or Effectiveness


SUMMARY: The Food and DrugAdministration (FDA) has determinedthat selegiline hydrochloride(Eldepryl) 5-milligram (mg) tablet wasnot withdrawn from sale for reasons ofsafety or effectiveness. Thisdetermination will allow FDA toapprove abbreviated new drugapplications (ANDA’s) for selegilinehydrochloride 5-mg tablet.FOR FURTHER INFORMATION CONTACT:Andrea C. Masciale, Center for DrugEvaluation and Research (HFD–7), Foodand Drug Administration, 7500 StandishPl., Rockville, MD 20855, 301–594–2041.SUPPLEMENTARY INFORMATION: In 1984,Congress enacted the Drug PriceCompetition and Patent TermRestoration Act of 1984 (Pub. L. 98–417)(the 1984 amendments), whichauthorized the approval of duplicateversions of drug products approvedunder an ANDA procedure. ANDAsponsors must, with certain exceptions,show that the drug for which they areseeking approval contains the sameactive ingredient in the same strengthand dosage form as the ‘‘listed drug,’’which is a version of the drug that was

previously approved under a new drugapplication (NDA). Sponsors of ANDA’sdo not have to repeat the extensiveclinical testing otherwise necessary togain approval of an NDA. The onlyclinical data required in an ANDA aredata to show that the drug that is thesubject of the ANDA is bioequivalent tothe listed drug.

The 1984 amendments included whatis now section 505(j)(6) of the FederalFood, Drug, and Cosmetic Act (21 U.S.C.355(j)(6)), which requires FDA topublish a list of all approved drugs.FDA publishes this list as part of the‘‘Approved Drug Products withTherapeutic Equivalence Evaluations,’’which is generally known as the‘‘Orange Book.’’ Under FDA regulations,drugs are withdrawn from the list if theagency withdraws or suspends approvalof the drug’s NDA or ANDA for reasonsof safety or effectiveness, or if FDAdetermines that the listed drug waswithdrawn from sale for reasons ofsafety or effectiveness (21 CFR 314.162).Regulations also provide that the agencymust make a determination as towhether a listed drug was withdrawnfrom sale for reasons of safety oreffectiveness before an ANDA that refersto that listed drug may be approved(§ 314.161(a)(1) (21 CFR 314.161(a)(1))).FDA may not approve an ANDA thatdoes not refer to a listed drug.

Selegiline hydrochloride (Eldepryl)5-mg tablet is the subject of approvedNDA 19–334, held by SomersetPharmaceuticals, Inc. (Somerset). OnMay 17, 1996, Somerset withdrew theselegiline hydrochloride 5-mg tabletfrom sale, and began marketing in itsplace a capsule form of selegilinehydrochloride 5-mg (NDA 20–647).

On June 12, 1996, Novopharm Ltd.submitted under 21 CFR 10.30 a citizenpetition (Docket No. 96P–0190/CP1)regarding the status of the selegilinehydrochloride 5-mg tablet. Two similarcitizen petitions were subsequentlyreceived by the agency; a petition byEndo Laboratories, L.L.C. was filed onJune 17, 1996 (Docket No. 96P–0197/CP1), and a petition submitted byWilliams & Connolly on behalf ofAlphapharm, Ltd. was filed on July 10,1996 (Docket No. 96P–0251/CP1). Thethree petitions request that the agencydetermine whether the selegilinehydrochloride 5-mg tablet waswithdrawn from sale for reasons ofsafety or effectiveness and, if the agencydetermines that the drug was notwithdrawn from sale for reasons ofsafety or effectiveness, keep the druglisted in the Orange Book.

The agency has reviewed its recordsand under § 314.161, has determined

that the selegiline hydrochloride 5-mgtablet was not withdrawn from sale forreasons of safety or effectiveness. Inreaching its decision, FDA consideredcomments submitted by Somerset, inwhich Somerset asserted that the drugwas withdrawn from sale for safetyreasons. Somerset requested that FDAdeny the citizen petitions.

Somerset claims that Eldepryl 5-mgtablet was withdrawn from the market‘‘out of concern for the safety of patientswith Parkinson’s Disease.’’ First, itrefers to the appearance of counterfeitEldepryl tablets in the U.S.marketplace. This is not a problemunique to Eldepryl and is not evidencethat the product is unsafe.

Second, Somerset makes anonspecific reference to ‘‘theinformation contained in NDA # 19–334’’ as confirmation that the removal ofthe tablet form of the drug was out ofconcern for the safety of patients. FDA’sexamination of this NDA found noevidence to support this claim.Somerset may have been alluding toreports of difficulty swallowing tabletsin patients with Parkinson’s Disease.That some patients may prefer analternative dosage form is common withoral products regardless of the diseasebeing treated. FDA does not regardproviding a second dosage form thatsome patients may find moreconvenient than the first as evidencethat the first is unsafe. Somerset mayalso have been alluding to reports ofconfusion between Eldepryl tabletsand enalapril. This is not a safetyconcern relevant to generic productsbecause, among other reasons, theywould not use the name Eldepryl .

The agency concludes that Eldepryltablets were withdrawn from sale forreasons other than for safety oreffectiveness. Accordingly, the agencywill maintain selegiline hydrochloride5-mg tablet in the ‘‘Discontinued DrugProduct List’’ section of the OrangeBook. The ‘‘Discontinued Drug ProductList’’ delineates, among other items,drug products that have beendiscontinued from marketing for reasonsother than safety or effectiveness.ANDA’s that refer to selegilinehydrochloride 5-mg tablet may beapproved by the agency.



[Docket No. 96M–0274]

Summit Technology, Inc.; PremarketApproval of SVS Apex (Formerly theOmnimed) Excimer Laser System forPhotorefractive Keratectomy (PRK)


SUMMARY: The Food and DrugAdministration (FDA) is announcing itsapproval of the application by SummitTechnology, Inc., Waltham, MA, forpremarket approval, under the FederalFood, Drug, and Cosmetic Act (the act),of the SVS Apex (formerly theOmniMed) Excimer Laser System. Afterreviewing the recommendation of theOphthalmic Devices Panel, FDA’sCenter for Devices and RadiologicalHealth (CDRH) notified the applicant,by letter of October 20, 1995, of theapproval of the application.DATES: Petitions for administrativereview by September 16, 1996.ADDRESSES: Written requests for copiesof the summary of safety andeffectiveness data and petitions foradministrative review, to the DocketsManagement Branch (HFA–305), Foodand Drug Administration, 12420Parklawn Dr., rm. 1–23, Rockville, MD20857.FOR FURTHER INFORMATION CONTACT:Debra Y. Lewis, Center for Devices andRadiological Health (HFZ–460), Foodand Drug Administration, 9200Corporate Blvd., Rockville, MD 20850,301–827–3623.SUPPLEMENTARY INFORMATION: OnOctober 12, 1993, Summit Technology,Inc., Waltham, MA 02154, submitted toCDRH an application for premarketapproval of the SVS Apex (formerly theOmniMed) Excimer Laser System. Theexcimer laser in the Systems deliverspulses at 193 nm wavelength. Theexcimer laser is indicated for a 6.0 mmablation zone photorefractivekeratectomy (PRK) in subjects with 1.5to 7.0 diopters of myopia andastigmatism ≤ 1.5 diopters. On October20, 1995, the Ophthalmic Devices Panelof the Medical Devices AdvisoryCommittee, an FDA advisory committee,reviewed and recommended conditionalapproval of the application. Theconcerns of the panel have beenadequately addressed by SummitTechnology, Inc. in subsequentsubmissions to FDA. On October 20,1995, CDRH approved the applicationby a letter to the applicant from theDirector of the Office of DeviceEvaluation, CDRH.

A summary of the safety andeffectiveness data on which CDRH

based its approval is on file in theDockets Management Branch (addressabove) and is available from that officeupon written request. Requests shouldbe identified with the name of thedevice and the docket number found inbrackets in the heading of thisdocument.

Opportunity for Administrative ReviewSection 515(d)(3) of the act (21 U.S.C.

360e(d)(3)) authorizes any interestedperson to petition, under section 515(g)of the act, for administrative review ofCDRH’s decision to approve thisapplication. A petitioner may requesteither a formal hearing under part 12 (21CFR part 12) of FDA’s administrativepractices and procedures regulations ora review of the application and CDRH’saction by an independent advisorycommittee of experts. A petition is to bein the form of a petition forreconsideration under § 10.33(b) (21CFR 10.33(b)). A petitioner shallidentify the form of review requested(hearing or independent advisorycommittee) and shall submit with thepetition supporting data andinformation showing that there is agenuine and substantial issue ofmaterial fact for resolution throughadministrative review. After reviewingthe petition, FDA will decide whether togrant or deny the petition and willpublish a notice of its decision in theFederal Register. If FDA grants thepetition, the notice will state the issueto be reviewed, the form of the reviewto be used, the persons who mayparticipate in the review, the time andplace where the review will occur, andother details.

Petitioners may, at any time on orbefore September 16, 1996, file with theDockets Management Branch (addressabove) two copies of each petition andsupporting data and information,identified with the name of the deviceand the docket number found inbrackets in the heading of thisdocument. Received petitions may beseen in the office above between 9 a.m.and 4 p.m., Monday through Friday.

This notice is issued under theFederal Food, Drug, and Cosmetic Act(secs. 515(d), 520(h) (21 U.S.C. 360e(d),360j(h)) and under authority delegatedto the Commissioner of Food and Drugs(21 CFR 5.10) and redelegated to theDirector, Center for Devices andRadiological Health (21 CFR 5.53).

Dated: August 1, 1996.D.B. Burlington,Director, Center for Devices and RadiologicalHealth.[FR Doc. 96–20855 Filed 8–14–96; 8:45 am]BILLING CODE 4160–01–F

Health Resources and ServicesAdministration

Advisory Council; Notice of Meeting

In accordance with section 10(a)(2) ofthe Federal Advisory Committee Act(Public Law 92–463), announcement ismade of the following NationalAdvisory body scheduled to meetduring the month September 1996:

Name: Council on Graduate MedicalEducation.

Date and Time: September 11, 1996, 8:30a.m.–5:00 p.m.; September 12, 1996, 8:30a.m.–4:00 p.m.

Place: Omni Shoreham Hotel, EmpireRoom, 2500 Calvert Street, NW., Washington,DC 20008.

This meeting is open to the public.Agenda: The agenda will include

discussion, reports and recommendations inthe following areas: minorities in medicine;geographic distribution/medical educationconsortia; physician competencies inmanaged care; and IMG entry andparticipation in the physician workforce.

Anyone requiring information regardingthe subject should contact F. Lawrence Clare,M.D., M.P.H., Deputy Executive Secretary,telephone (301) 443–6326, Council onGraduate Medical Education, Division ofMedicine, Bureau of Health Professions,Health Resources and ServiceAdministration, Room 9A–27, ParklawnBuilding, 5600 Fishers Lane, Rockville,Maryland 20857.

Agenda items are subject to change aspriorities dictate.

Dated: July 9, 1996.Jackie E. Baum,Advisory Committee Management Officer,HRSA.[FR Doc. 96–20820 Filed 8–14–96; 8:45 am]BILLING CODE 4160–15–P

National Institutes of Health

National Center for ResearchResources; Notice of Meeting of theNational Advisory Research ResourcesCouncil and Its PlanningSubcommittee

Pursuant to Pub. L. 92–463, notice ishereby given of the meeting of theNational Advisory Research ResourcesCouncil (NARRC), National Center forResearch Resources (NCRR). Thismeeting will be open to the public asindicated below. Attendance by thepublic will be limited to space available.

This meeting will be closed to thepublic as indicated below in accordancewith provisions set forth in secs.552b(c)(4) and 552b(c)(6), Title 5, U.S.C.and sec. 10(d) of Pub. L. 92–463, for thereview, discussion and evaluation ofindividual grant applications. Theapplications and the discussions couldreveal confidential trade secrets or


commercial property such as patentablematerial, and personal informationconcerning individuals associated withthe applications, the disclosure ofwhich would constitute a clearlyunwarranted invasion of personalprivacy.

Ms. Maureen Mylander, Public AffairsOfficer, NCRR, National Institutes ofHealth, 1 Rockledge Center, Room 5146,6705 Rockledge Drive, MSC 7965,Bethesda, Maryland 20892–7965, (301)435–0888, will provide a summary ofthe meeting and a roster of the membersupon request. Other informationpertaining to the meeting can beobtained from the Executive Secretaryindicated. Individuals who plan toattend and need special assistance, suchas sign language interpretation or otherreasonable accommodations, shouldcontact the Executive Secretary inadvance of the meeting.

Name of Committee: The Subcommittee onPlanning of the National Advisory ResearchResources Council.

Place of Meeting: National Institutes ofHealth, 9000 Rockville Pike, ConferenceRoom 3B41, Building 31B, Bethesda,Maryland 20892.

Open: September 12, 7:30 a.m.–8:45 a.m.Purpose/Agenda: To discuss policy issues.Name of Committee: National Advisory

Research Resources Council.Place of Meeting: National Institutes of

Health, 9000 Rockville Pike, ConferenceRoom 6, Building 31C, Bethesda, Maryland20892.

Open: September 12, 9 a.m. until recessClosed: September 13, 8 a.m. until 10 a.m.Open: September 13, 10 a.m. until

adjournmentPurpose/Agenda: Report of Center Director

and other issues related to Council businessExecutive Secretary: Louise Ramm, Ph.D.,

Deputy Director, National Center forResearch Resources, Building 12A, Room4011, Bethesda, MD 20892, Telephone: (301)496–6023.(Catalog of Federal Domestic AssistanceProgram Nos. 93.306, Laboratory AnimalSciences and Primate Research; 93.333,Clinical Research; 93.337, BiomedicalResearch Support; 93.371, BiomedicalResearch Technology; 93.389, ResearchCenters in Minority Institutions; 93.198,Biological Models and Materials Research;93.167, Research Facilities ImprovementProgram; and 93.214 Extramural ResearchFacilities Construction Projects, NationalInstitutes of Health)

Dated: August 8, 1996.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 96–20766 Filed 8–14–96; 8:45 am]BILLING CODE 4140–01–M

National Heart, Lung, and BloodInstitute; Notice of Meeting of theSleep Disorders Research AdvisoryBoard

Pursuant to Pub. L. 92–463, notice ishereby given of the meeting of the SleepDisorders Research Advisory Board,National Center on Sleep DisordersResearch, National Heart, Lung, andBlood Institute, September 11, 1996.This meeting will be held at theNational Institutes of Health, NatcherBuilding 45, Conference Room C, 45Center Drive, Bethesda, Maryland20892.

The entire meeting will be open to thepublic from 9:00 a.m. to adjournment, todiscuss recommendations on theimplementation and evaluation of theNational Center on Sleep DisordersResearch programs. Attendance by thepublic will be limited to space available.

Individuals who plan to attend andneed special assistance, such as signlanguage interpretation or otherreasonable accommodations, shouldcontact the Executive Secretary inadvance of the meeting.

Dr. James P. Kiley, ExecutiveSecretary and Director, National Centeron Sleep Disorders Research, NHLBI,Two Rockledge Center, Suite 7024, 6701Rockledge Drive, MSC 7920, Bethesda,Maryland 20892–7920, (301) 435–0199,will furnish meeting and memberinformation.


National Heart, Lung, and BloodInstitute; Notice of Meetings

Pursuant to Pub. L. 92–463, notice ishereby given of the meetings of thefollowing Heart, Lung, and BloodSpecial Emphasis Panels.

These meetings will be open to thepublic to provide concept review ofproposed contract or grant solicitations.

Individuals who plan to attend andneed special assistance, such as signlanguage interpretation or otherreasonable accommodations, shouldinform the Contact Persons listed belowin advance of the meetings.

Name of Panel: The Role of InfectiousAgents in Atherosclerosis and Restenosis.

Dates of Meeting: September 19, 1996.Time of Meeting: 8:00 a.m.Place of Meeting: National Institutes of

Health, 9000 Rockville Pike, Building 31,room 5A16, Bethesda, Maryland 20892.

Agenda: To review current progress andidentify needs and opportunities for research

in the role of viruses and other agents in thedevelopment of atherosclerosis andrestenosis.

Contact Person: Sonia Skarlatos, Ph.D.,NHLBI/DHVD, Two Rockledge Center, 6701Rockledge Drive, Rm. 10186, MSC 7956,Bethesda, Maryland 20892, (301) 435–0550.

Name of Panel: Emerging Areas inThrombosis and Hemostasis Research.

Dates of Meeting: September 23, 1996.Time of Meeting: 8:00 a.m.Place of Meeting: Two Rockledge Center,

Rm. 7111, 6701 Rockledge Drive, Bethesda,Maryland 20892.

Agenda: To review current progress andidentify future needs and opportunities forresearch in thrombosis and hemostasis.

Contact Person: Helena Mishoe, Ph.D.,NHLBI/DBDR, Two Rockledge Center, 6701Rockledge Drive, Rm. 10156, MSC 7950,Bethesda, Maryland 20892, (301) 435–0050.(Catalog of Federal Domestic AssistancePrograms Nos. 93.837, Heart and VascularDiseases Research; 93.838, Lung DiseasesResearch; and 93.839, Blood Diseases andResources Research, National Institutes ofHealth)


National Institute of Mental Health;Notice of Closing Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the meeting of theBoard of Scientific Counselors, NationalInstitute of Mental Health.

In accordance with the provisions setforth in section 552b(c)(6), Title 5,U.S.C., the entire meeting will be closedfor the review, discussion, andevaluation of staff scientists andindividual programs and projects. Thesubject matter to be reviewed containsinformation of a confidential nature,including consideration of personnelqualifications and performance, thecompetence of individual investigators,and similar items, the disclosure ofwhich would constitute a clearlyunwarranted invasion of personalprivacy.

Agenda/Purpose: To evaluate recentreviews of selected intramural researchprojects and make final recommendations.

Committee Name: Board of ScientificCounselors, National Institute of MentalHealth.

Date: September 19, 1996.Time: 8:30 a.m.Place: Building 36, Room 1B07, National

Institutes of Health, 9000 Rockville Pike,Bethesda, MD 20892.

Contact Person: Robert W. Dennis,Executive Secretary, Building 10, Room


4N222, 9000 Rockville Pike, Bethesda, MD20892, Telephone: 301, 496–4183.(Catalog of Federal Domestic AssistanceProgram Numbers 93.242, 93.281, and93.282)


National Institute of Arthritis andMusculoskeletal and Skin Diseases;Notice of Advisory Council Meeting

Pursuant to Pub. L. 92–463, notice ishereby given of a meeting of theNational Arthritis and Musculoskeletaland Skin Diseases Advisory Council toprovide advice to the National Instituteof Arthritis and Musculoskeletal andSkin Diseases (NIAMS) on September 5,1996, in Conference Room 6, Building31, National Institutes of Health,Bethesda, Maryland.

The meeting will be open to thepublic September 5 from 8:30 a.m. to11.30 a.m. to discuss administrativedetails relating to Council business andspecial reports. Attendance by thepublic will be limited to space available.

The meeting of the Advisory Councilwill be closed to the public onSeptember 5 from 11:30 a.m. toadjournment in accordance withprovisions set forth in secs. 552b(c)(4)and 552b(c)(6), Title 5 U.S.C. and sec.10(d) of Pub. L. 92–463, for the review,discussion and evaluation of individualgrant applications. These deliberationscould reveal confidential trade secretsor commercial property, such aspatentable materials and personalinformation concerning individualsassociated with the applications,disclosure of which would constitute aclearly unwarranted invasion ofpersonal privacy.

Individuals who plan to attend andneed special assistance, such as signlanguage interpretation or otherreasonable accommodations, shouldcontact Dr. Steven Hausman, ExecutiveSecretary, National Arthritis andMusculoskeletal and Skin DiseasesAdvisory Council, NIAMS, NatcherBuilding, Room 5AS–13, Bethesda,Maryland 20892 (301) 594–2463.

A summary of the meeting and rosterof the members may be obtained fromthe Extramural Programs Office,NIAMS, Natcher Building, Room 5AS–13, National Institutes of Health,Bethesda, Maryland 20892 (303) 594–2463.(Catalog of Federal Domestic AssistanceProgram No. 93.846, Arthritis, Bone and SkinDiseases, National Institutes of Health)

Dated: August 8, 1996.Susan K. Feldman,NIH Committee Management Officer.[FR Doc. 96–20768 Filed 8–14–96; 8:45 am]BILLING CODE 4140–01–M

National Institute on Alcohol Abuseand Alcoholism; Notice of Meeting

Pursuant to Pub. L. 92–463, notice ishereby given of a meeting of the Boardof Scientific Counselors, NationalInstitute on Alcohol Abuse andAlcoholism.

The meeting will be open to thepublic, as indicated, to discussadministrative details or other issuesrelating to committee activities asindicated in the notice. Attendance bythe public will be limited to spaceavailable. Individuals who plan toattend and need special assistance, suchas sign language interpretation or otherreasonable accommodations, shouldcontact Ms. Ida Nestorio at 301–443–4376.

The meeting will be closed to thepublic, as indicated below, inaccordance with the provisions set forthin sec. 552b(c)(6), Title 5 U.S.C. and sec.10(d) of Pub. L. 92–463, for the review,discussion, and evaluation of individualprograms and projects conducted by theNational Institute on Alcohol Abuse andAlcoholism, including consideration ofpersonnel qualifications andperformance, and the productivity ofindividual staff scientists, the disclosureof which would constitute a clearlyunwarranted invasion of personalprivacy.

A summary of the meeting and theroster of committee members may beobtained from Ms. Ida Nestorio,National Institute on Alcohol Abuse andAlcoholism, 6000 Executive Blvd., Suite409, Bethesda, MD 20892–7003.Telephone: 301–443–4376.

Other information pertaining to themeeting can be obtained from theExecutive Secretary.

Name of Committee: Board of ScientificCounselors, NIAAA.

Executive Secretary: Theodore Colburn,Ph.D., 9000 Rockville Pike, Building 31—MSC 2088, Room 1B58, Bethesda, MD20892–2088, 301–402–1226.

Date of Meeting: September 5–6, 1996.Place of Meeting: Building 1, Wilson Hall,

NIH Campus, 9000 Rockville Pike, Bethesda,MD 20892.

Open: September 5, 8:30 a.m. to 9 a.m.Agenda: Discussion of administrative

details and other issues related to Boardactivities.

Closed: September 5, 9 a.m. to recess;September 6, 9 a.m. to adjournment.

Agenda: Review and evaluation ofintramural research programs and projects ofthe Laboratory of Neurogenetics.


National Institute on Alcohol Abuseand Alcoholism; Notice of Meeting

Pursuant to Pub. L. 92–463, notice ishereby given of a meeting of theNational Advisory Council on AlcoholAbuse and Alcoholism on September19, 1996.

The meeting will be open to thepublic, as noted below, to discussInstitute programs and other issuesrelating to committee activities asindicated in the notice. Attendance bythe public will be limited to spaceavailable. Individuals who plan toattend and need special assistance, suchas sign language interpretation or otherreasonable accommodations, shouldcontact Ms. Ida Nestorio at 301–443–4376. Other information pertaining tothe meeting may be obtained from thecontact person indicated.

The meeting will be closed to thepublic as indicated below in accordancewith the provisions set forth in secs.552b(c)(4) and 552b(c)(6) of title 5,U.S.C. and sec. 10(d) of Public Law 92–463 for the review, discussion andevaluation of individual research grantapplications. These applications and thediscussions could reveal confidentialtrade secrets or commercial propertysuch as patentable material, andpersonal information concerningindividuals associated with theapplications and programs, thedisclosure of which would constitute aclearly unwarranted invasion ofpersonal privacy.

A summary of the meeting and theroster of committee members may beobtained from: Ms. Ida Nestorio, Officeof Scientific Affairs, National AdvisoryCouncil on Alcohol Abuse andAlcoholism, Willco Building, Suite 409,6000 Executive Blvd., Rockville, MD20892–7003, Telephone: 301–443–4376.

Name of Committee: National AdvisoryCouncil on Alcohol Abuse and Alcoholism.

Executive Secretary: James F. Vaughan,6000 Executive Blvd, Suite 409, Bethesda,MD 20892–7003, 301–443–4375.

Date of Meeting: September 19, 1996.Place of Meeting: The Bethesda Marriott,

5151 Pookshill Road, Bethesda, MD 20892.Closed: September 19, 1996—8:00 am to

10:00 am.Agenda: To review and evaluate grant

applications.Open: September 19, 1996—10:00 am to

4:30 pm.Agenda: Discussion of Institute extramural

research programs, and other program and


peer review issues relevant to Councilactivities.(Catalog of Federal Domestic AssistanceProgram No. 93.271, Alcohol Research CareerDevelopment Awards for Scientists andClinicians; 93.272, Alcohol NationalResearch Service Awards for ResearchTraining; and 93.891, Alcohol ResearchCenter Grants; National Institutes of Health)


National Institute on Aging; Notice ofClosed Meetings

Pursuant to Section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the followingmeetings:

Name of Panel: National Institute on AgingSpecial Emphasis Panel.

Date of Meeting: August 28, 1996.Times of Meeting: 8:00 a.m. to 3:00 p.m.Place of Meeting: Gateway Building,

Second Floor Conference Room 2C230, 7201Wisconsin Avenue, Bethesda, MD 20814.

Purpose/Agenda: To review 5 contractproposals.

Contact Person: Arthur D. Schaerdel, DVM,Scientific Review Administrator, GatewayBuilding, Room 2C212, National Institutes ofHealth, Bethesda, Maryland 20892–9205,(301) 496–9666.

This notice is being published less than 15days prior to the above meeting due to theurgent need to meet timing limitationsimposed by the review and funding cycle.

Name of Panel: National Institute on AgingSpecial Emphasis Panel.

Dates of Meeting: September 16–17, 1996.Time of Meeting: September 16—6:30 p.m.

to recess; September 17—8:30 a.m. toadjournment.

Place of Meeting: Holiday Inn—ChevyChase, 5520 Wisconsin Avenue, Bethesda,MD 20815.

Purpose/Agenda: To review a grantapplication.

Contact Person: Maria Mannarino, M.D.,Scientific Review Administrator, GatewayBuilding, Room 2C212, National Institutes ofHealth, Bethesda, Maryland 20892–9205,(301) 496–9666.

The meetings will be closed in accordancewith the provisions set forth in secs.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. 93.866, Aging Research,National Institutes of Health)


National Institute of Mental Health;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 following meetingof the National Institute of MentalHealth Special Emphasis Panel:

Agenda/Purpose: To review and evaluategrant applications.

Committee Name: National Institute ofMental Health Special Emphasis Panel.

Date: August 29, 1996.Time: 10:30 a.m.Place: Parklawn Building, Room 9C–26,

5600 Fishers Lane, Rockville, MD 20857.Contact Person: Rehana A. Chowdhury,

Parklawn Building, Room 9C–26, 5600Fishers Lane, Rockville, MD 20857,Telephone: 301, 443–6470.

The meeting will be closed in accordancewith the provisions set forth in secs.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.

This notice is being published less thanfifteen days prior to the meeting due to theurgent need to meet timing limitationsimposed by the review and funding cycle.(Catalog of Federal Domestic AssistanceProgram Numbers 93.242, 93.281, 93.282)


Division of Research Grants; Notice ofClosed Meetings

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) meetings:

Purpose/Agenda: To review individualgrant applications.

Name of SEP: Microbiological andImmunological Sciences.

Date: August 19, 1996.Time: 2:00 p.m.Place: NIH, Rockledge 2, Room 4210,

(Telephone Conference).Contact Person: Dr. Bruce Maurer,

Scientific Review Administrator, 6701

Rockledge Drive, Room 4210, Bethesda,Maryland 20892, (301) 435–1225.


Date: August 19, 1996.Time: 3:15 p.m.Place: NIH, Rockledge 2, Room 4210


Scientific Review Administrator, 6701Rockledge Drive, Room 4210, Bethesda,Maryland 20892, (301) 435–1225.





Name of SEP: Biological and PhysiologicalSciences.

Date: August 27, 1996.Time: 8:30 a.m.Place: Sheraton International Hotel, BWI

Airport, Baltimore, MD.Contact Person: Dr. Jerry Roberts, Scientific

Review Administrator, 6701 Rockledge Drive,Room 6152, Bethesda, Maryland 20892, (301)435–1037.

Name of SEP: Behavioral andNeurosciences.


(Telephone Conference).Contact Person: Dr. Carole Jelsema,


This notice is being published less than 15days prior to the above meetings due to theurgent need to meet timing limitationsimposed by the grant review and fundingcycle.

The meetings will be closed in accordancewith the provisions set forth in secs.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 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 of Health,HHS)Dated: August 8, 1996.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 96–20773 Filed 8–14–96; 8:45 am]BILLING CODE 4140–01–M

Division of Research Grants; Notice ofClosed Meeting

Pursuant to Section 10(d) of theFederal Advisory Committee Act, as


amended (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: August 15, 1996.Time: 1:00 p.m.Place: NIH, Rockledge 2, Room 4112

(Telephone Conference).Contact Person: Dr. Gopal Sharma,


This notice is being published less than 15days prior to the above meeting due to theurgent need to meet timing limitationsimposed by the grant review and fundingcycle.

The meeting will be closed in accordancewith the provisions set forth in secs.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 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 of Health,HHS)

Dated: August 12, 1996.Susan K. Feldman,Committee Management Officer, NIH.[FR Doc. 96–20939 Filed 8–13–96; 1:24 pm]BILLING CODE 4140–01–M

Statement of Organization, Functions,and Delegations of Authority

Part H, Chapter HN (NationalInstitutes of Health) (NIH) of theStatement of Organization, Functions,and Delegations of Authority for theDepartment of Health and HumanServices (40 FR 22859, May 27, 1975, asamended most recently at 61 FR 36737,July 12, 1996), is amended to reflect thereorganization of the Office of theDirector, NIH (OD/NIH) (HNA). Thereorganization consists of the following:(1) In the Office of the Director (HNA)establish the Office of ProgramCoordination (HNAN), Office ofCommunity Liaison (HNAP), Office ofLegislative Policy and Analysis (HNAQ)(elevated from the Office of SciencePolicy and Technology Transfer, Officeof Legislative Policy and Analysis[HNA67]), and Executive Office(HNAR). (2) In the Office of DiseasePrevention (HNA2) establish the Officeof Dietary Supplements (HNA25); theOffice of Rare Diseases (HNA26)(transferred intact from the Office of

Science Policy and TechnologyTransfer, Office of Rare DiseaseResearch [HNA6533]); and the Office forAlternative Medicine (HNA27)(transferred intact from the Office ofScience Policy and TechnologyTransfer, Office for AlternativeMedicine [HNA6532]). (3) In the Officeof Intramural Research (HNA4) establishthe Office of Technology Transfer(HNA46) (transferred intact from theOffice of Science Policy and TechnologyTransfer, Office of Technology Transfer[HNA68]); and establish the Office ofLoan Repayment and Scholarship(HNA47). (4) Retitle the Office ofScience Policy and Technology Transfer(HNA6) to the Office of Science Policy(OSP) (HNA6); elevate and rename theRecombinant DNA Branch (HNA6534)to the Office of Recombinant DNAActivities (HNA69); rename the Officeof Strategic Planning and Evaluation(HNA66) to the Office of Science Policyand Operations Research (HNA66);abolish the Science Policy StudiesCenter (HNA65); and elevate andrename the Science Education PolicyBranch (HNA6535) to Office of ScienceEducation (HNA63).

Section HN–B, Organization andFunctions, is amended as follows:

(1) Under the heading Office of theDirector (HNA), insert the following:

Office of Program Coordination(HNAN). Provides essential supportfunctions for the Office of the Director,including: (1) all Executive Secretariatfunctions, including correspondencecontrol and tracking; (2) CommitteeManagement functions for all of NIH,which consist of setting policy for allAdvisory Committees, Councils, andBoards, providing oversight on reportsand other documentation, serving as aliaison with Department committeemanagement staff, and providingtechnical guidance and informationrelevant to the operations of advisorybodies; and (3) other primary supportfunctions.

Office of Community Liaison (HNAP).(1) Advises the Director and the DeputyDirector, NIH, on policies, programs,and issues involving the NIH and itscommunity; (2) plans and directsactivities to promote collaboration andcooperation between the NIH and itscommunity; (3) conducts and overseesstudies, projects, and evaluationsdesigned to address problems,questions, and issues of communityconcern and environmental impact; (4)ensures that NIH activities that affectthe community involve communityrepresentation at all levels of design,review, and implementation; and (5)ensures effective communication andcollaboration on policy and programs

involving the community between theOD and the operating components of theNIH.

Office of Legislative Policy andAnalysis (HNAQ). (1) Advises the NIHDirector, Deputy Director, OD staff, andthe ICDs on the full range of legislativeissues, and provides leadership anddirection for NIH legislative analysis,development, and liaison; (2) identifies,analyzes, and reports on legislativedevelopments relevant to NIH programsand activities and the nationalbiomedical research effort; (3) plans anddevelops new legislative proposals andmonitors their progress through thelegislative process, including changes inthe statutory base of NIH activities; (4)assesses, monitors, and manages theNIH relationship with the NIHCongressional Authorizing andAppropriations Committees and takesnecessary action to facilitateimprovements in these relationships; (5)provides coordination on NIHlegislative matters with the Department,the Congress, Federal Agencies, andother non-Federal national andinternational organizations; (6)coordinates the preparation of testimonyor statements for the OD/NIH beforecongressional committees or othergroups; and (7) develops special reports,staff documents or other studiesconcerning NIH interests, activities, andrelationships.

Executive Office (HNAR). Serves inboth a staff and operational capacity forall administrative support activities forthe Office of the Director, excluding theOffice of Research Services.

(2) Under the heading Office ofDirector (HNA), Office of DiseasePrevention (HNA2), insert the following:

Office of Dietary Supplements(HNA25). (1) Advises the AssociateDirector for Disease Prevention andprovides guidance to the researchinstitutes on research related to thehealth benefits of dietary supplementsand their role in disease prevention; (2)conducts, promotes, and coordinatesresearch at NIH relating to dietarysupplements; (3) collects and compilesthe results of scientific research relatingto dietary supplements; (4) serves asprincipal advisor to the Secretary,Department of Health and HumanServices and the agencies of the PublicHealth Service on non-regulatory issuesrelating to dietary supplements; and (5)compiles and maintains a database ofscientific research and funding.

Office of Rare Diseases (HNA26). (1)Guides and coordinates NIH-wideactivities involving research intocombating and treating the broad arrayof rare diseases (orphan diseases); (2)manages the NIH Rare Diseases and


Orphan Products CoordinatingCommittee; (3) develops and maintainsa centralized database on rare diseases;(4) coordinates and provides liaisonwith Federal and non-Federal nationaland international organizationsconcerned with rare disease researchand orphan products development; (5)advises the OD/NIH on matters relatingto NIH-sponsored research activitiesthat involve rare diseases andconditions; and (6) responds to requestsfor information on highly technicalmatters and matters of public policyrelative to rare diseases and orphanproducts.

Office for Alternative Medicine(HNA27). (1) Advises the OD/NIH onthe study of alternative medicine; (2)guides and coordinates the NIH-wideactivities involving alternativemedicine; (3) responds to requests forinformation on highly technical mattersand matters of public policy relative toalternative medicine; (4) identifiesspecific research efforts receivingsupport that are related to theassessment or validation of alternativemedicine; and (5) determines theappropriate studies needed to evaluatealternative medicine.

(3) Under the heading Office of theDirector (HNA), Office of IntramuralResearch (HNA4), insert the following:

Office of Technology Transfer(NHA46). (1) Develops policy andprocedures for NIH, CDC, and FDA tofollow for the implementation ofCooperative Research and DevelopmentAgreements (CRADAs), patent licenses,and other technology transfers; (2)implements Patent Policy Boarddecisions and policies; (3) drafts,negotiates, and periodically revisesmodel forms and agreements; (4)provides advice to ICDs on licenses andagreements; (5) develops policystatements on various technologytransfer issues; (6) tracks the OTTbudget and prepares an annual statusreport on the OD/NIH; (7) providescoordination and management of thegoals, functions, and operations of theDivision of Technology Developmentand Transfer and the Division ofTechnology Transfer Support; (8)coordinates and provides planning andliaison support for internationalCRADAs and technology transfers (9)creates and implements specialprograms relating to technology transferby State and local governments anduniversities; (10) drafts and presentscongressional testimony, and draftstechnology transfer-related responses toother congressional inquiries; (11)provides operational managementactivities; (12) assists the Office of theGeneral Counsel (OGC) in evaluating

patent-related litigation matters; (13)participates with OGC or independentlynegotiates settlements or contestedmatters with licensees or other partiesinvolved with NIH/CDC/FDA intechnology transfer or utilizationmatters; (14) represents the NIH/CDC/FDA in technology transfer orutilization matters; (15) represents theabove agencies at a variety ofprofessional conferences and otherpublic fora; (16) investigates specialissues; (17) evaluates the need for anddevelops new programs in technologymanagement and technology transfer forthe above agencies; (18) developslicensing strategies for NIH/CDC/FDAintramural and CRADA inventions; (19)negotiates licenses and other technologytransfers; (20) works with scientistinventors, contract attorneys, and othersin preparing patent applications andprosecuting these applications at thePatent Office level; (21) handlesinfringements in consultation with theOGC at the Patent Office level; and (22)makes recommendations to the OGC forreferral of matters to the Department ofJustice.

Office of Loan Repayment andScholarship (HNA47). (1) Advises theDeputy Director for Intramural Researchon matters pertaining to thedevelopment and management ofeducational loan repayment/forgivenessprograms; (2) administers individualloan repayment contracts; (3) maintainscontact and negotiates repaymentschedules with educational lenders; (4)provides fiscal oversight for loanrepayment funds; (5) formulates andrecommends policies on loan repaymentprograms for intramural and extramuralprograms; (6) provides staff support tothe loan repayment review committees;(7) analyzes applicant eligibilityrequests and recommends review byloan repayment committees; (8) servesas executive secretary for the loanrepayment review committees; (9)performs a variety of activities involvingthe recruitment of postdoctoral fellowsto the intramural research programs,including information disseminationand site-visits; (10) responds toinquiries from the PHS, Federal andprivate agencies concerning loanrepayment program development; (11)administers the undergraduatescholarship program and all activitiesattendant to the operations of theundergraduate scholarship program; and(12) administers the NRC ResearchAssociates Program.

(4) Under the heading Office of theDirector (HNA), Office of Science Policyand Technology Transfer (HNA6), (a)delete the title and substitute thefollowing: Office of Science Policy

(HNA6); (b) delete the title of the Officeof Strategic Planning and Evaluation(HNA66) and substitute Office ofScience Policy and Operations Research(HNA66); (c) delete the title andfunctional statement in their entirety ofthe Science Policy Studies Center(HNA65), the Office for AlternativeMedicine (HNA6532), the Office of RareDisease Research (HNA6533), theRecombinant DNA Branch (HNA6534),the Science Education Policy Branch(HNA6535), the Office of LegislativePolicy and Analysis (HNA67), and theOffice of Technology Transfer (HNA68).

(5) Under the heading Office of theDirector (HNA), Office of Science Policy(HNA6), insert the following:

Office of Science Education (HNA63).Plans, develops, and coordinates acomprehensive science educationprogram to strengthen and enhanceefforts of the NIH to attract youngpeople to biomedical and behavioralscience careers and to improve scienceliteracy in both adults and children. TheOffice: (1) develops, supports, anddirects new program initiatives at alllevels with special emphasis ontargeting students in grades K–16, theireducators and parents, and the generalpublic; (2) advises NIH leadership onscience education issues; (3) examinesand evaluates research and emergingtrends in science education and literacyfor policy-making; (4) works closelywith NIH extramural, intramural,women’s health, laboratory animalresearch, and minority program officeson science education special issues andprograms to assure coordination of NIHefforts; (5) works with NIH ICDs toenhance communication of scienceeducation activities; and (6) workscooperatively with other public andprivate sector organizations to developand coordinate activities.

Office of Recombinant DNA Activities(HNA69). (1) Develops and implementsNIH policies and procedures for the safeconduct of recombinant DNA activities,including human gene therapy; (2)reviews and evaluates the compositionof Institutional Biosafety Committees;(3) develops registries of activitiesrelated to recombinant DNA researchand human gene therapy; (4)coordinates and provides liaison withFederal and non-Federal national andinternational organizations concernedwith recombinant DNA and human genetherapy activities; (5) provides advice tothe OD/NIH, other Federal agencies, andState regulatory organizationsconcerning recombinant research andhuman gene therapy; and (6) respondsto requests for information on highlytechnical matters and matters of public


policy related to recombinant DNA andhuman gene therapy activities.

Dated: August 1, 1996.Harold Varmus,Director, NIH.[FR Doc. 96–20776 Filed 8–14–96; 8:45 am]BILLING CODE 4140–01–M

DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

Office of the Assistant Secretary forHousing-Federal HousingCommissioner; Notice of Sale of SingleFamily Mortgage Loans

[Docket No. FR–4121–N–01]

AGENCY: Office of the AssistantSecretary for Housing-Federal HousingCommissioner, (HUD).ACTION: Notice of sale of single familymortgage loans.

SUMMARY: This notice announces theDepartment’s intention to sellapproximately 17,500 Secretary-heldsingle family mortgage loans (the‘‘loans’’) in a sealed bid auction. Theloans were insured under varioussections of the National Housing Act(the Act) and thereafter assigned to theDepartment pursuant to Section 230 ofthe Act. The loans are secured by singlefamily properties located nationwide.This notice also describes the biddingprocess for these loans.DATES: Bid Packages will be available toeligible bidders on or about July 15,1996. The auction is currentlyscheduled for September 4, 1996.ADDRESSES: Bid packages will beavailable from FHA’s Financial Advisor,Merrill Lynch & Co. (‘‘Merrill’’) 250Vesey St., New York, NY 10281. BidPackages will be made available only toparties who complete a ConfidentialityAgreement and Qualification Statementand are deemed eligible bidders byMerrill. Interested parties can obtain aConfidentiality Agreement andQualification Statement by calling 1–(800) 363–4704. Merrill will forwardBidding Materials to eligible bidders viaovernight courier. Asset files for theloans included in the sale are availablefor review by eligible bidders who visitthe due diligence facility located at 1730M Street NW., Washington, DC 20036.To schedule a visit to the due diligencefacility or to order supplementalinformation on the loans, eligiblebidders should contact Susan Munsonat (202) 530–1253. This is not a toll-freenumber. The due diligence facility willbe open between the hours of 8:00 a.m.and 8:00 p.m., Monday throughSaturday. The facility will open on or

about July 12, 1996 and will close on orabout August 22, 1996. The lasttelephone number is not a toll-freenumber.FOR FURTHER INFORMATION CONTACT:Joseph McCloskey, Director, SingleFamily Servicing Division, Office ofInsured Single Family Housing, Room9178, Department of Housing and UrbanDevelopment, 451 Seventh Street, SW.,Washington, DC 20410; telephone (202)708–1672. For hearing or speech-impaired individuals, this number maybe accessed via PT (text telephone) bycalling the Federal Information RelayService at 1–800–877–8339 (this is atoll-free number).SUPPLEMENTARY INFORMATION: TheDepartment intends to sellapproximately 17,500 Single Familyloans in this auction. The loans aresecured by single family properties andare performing and non-performing. Theloans will be divided into one milliondollar loan blocks, which will be furtherarranged into groups. A list of specificloans and loan block and groupdescriptions will be contained in theBid Package. No loans will be soldindividually. The loans will be soldwithout Federal HousingAdministration (FHA) insurance. TheDepartment will offer interested partiesan opportunity to bid competitively onloan pools which they may create fromcombinations of loan blocks, subject toconditions set forth in the bid package.The Department shall use its solediscretion to evaluate and determinewinning bids.

The Bidding Process

These are the essential terms of sale.The Loan Sale Agreement will provideadditional details. To ensure acompetitive bidding process, the termsof sale are not subject to negotiation.

The Department will describe indetail the procedure for participating inthe Single Family Loan Sale in a BidPackage, which will include bid forms,a nonnegotiable loan sale agreementprepared by the Department (Loan SaleAgreement), specific bid instructions, aswell as pertinent information on theloans such as total outstanding unpaidprincipal balances and interest rateranges, maturity rates, geographiclocations and performance. The bidpackages also include computerdiskettes containing data on all of themortgage loans.

Bid Packages will be availableapproximately 6 weeks prior to the BidDate. The Bid Package will also includeinstructions for Bidder Registration andwill contain procedures for obtainingsupplemental information about the

loans. Any interested party may requesta copy of the Bid Package by sending awritten request together with a dulyexecuted Confidentiality Agreement andQualification Statement to the addressspecified in the ADDRESSES section,above, of this notice.

Prior to the Bid Date a Bid PackageSupplement will be mailed to alleligible bidders. It will contain the finallist of loans to be conveyed to thesuccessful bidder(s).

Each bidder must include with its bida deposit equal to 10% of the amountof its bid(s). If a successful bidder failsto abide by the terms of the Loan SaleAgreement, including paying theDepartment any remaining sums duepursuant to the Loan Sale Agreementand closing within the time periodprovided by the Loan Sale Agreement,the Department shall retain and acceptany deposit as liquidated damages.

Due Diligence FacilityAn investor due diligence period will

take place prior to the Bid Date. Duringthe investor due diligence period,eligible bidders may, for a non-refundable fee of $500, review all assetfile documents which have been imagedonto a database by visiting the duediligence facility located at 1730 MStreet N.W., Washington, D.C. 20036and/or via modem a limited number ofidentified asset files. Finally, biddersmay purchase a CD Rom disc containingsubstantial due diligence materials suchas 36 month payment histories andBrokers’ Price Opinions at a cost of$500.

Specific instructions for orderinginformation in electronic format ormaking an appointment to visit the duediligence facility will be included in theBid Package. The Department reservesthe right to charge a reasonable fee tocover its costs in duplicating andforwarding any information requestedby an interested party.

FHA Reservation of RightsThe Department reserves the right to

delete loans from the Loan Sale at anytime prior to the bid date for any reasonand without prejudice to its right toinclude any loans in a later sale. TheDepartment also reserves the right toterminate this sale at any time prior tothe bid date.

The Department reserves the right touse its sole discretion to evaluate anddetermine winning bids. TheDepartment reserves the right at its solediscretion and for any reasonwhatsoever to reject any and all bids.

The Department reserves the right toconduct a ‘‘best and final’’ round amongtop bidders for loan blocks or pools


which it will select in its solediscretion, wherein bidders will begiven the opportunity to increase theirbids. A best and final round shall not beconstrued as a rejection of any bid orpreclude the Department from acceptingany bid made by a bidder.

Ineligible Bidders

Notwithstanding a bidder’squalification as an eligible investor andapproved servicer the followingindividuals and entities (either alone orin combination with others) areineligible to bid on any one orcombination of the single family Loanpools included in the Sale:

(1) Any employee of the Departmentor an entity controlled by an FHAemployee or by a member of suchemployee’s household;

(2) Any individual or entity that isdebarred from doing business with theDepartment pursuant to 24 CFR Part 24;

(3) Any contractor, subcontractor and/or consultant (including any agent of theforegoing) who performed services for,or on behalf of, the Department inconnection with this Single FamilyLoan Auction; or

(4) Any individual that was aprincipal and/or employee of any entityor individual described in paragraph (3)above at any time during which theentity or individual performed servicesfor, or on behalf of, the Department inconnection with this Auction.

Number of Bids

A bidder may bid on as many blocksas the bidder chooses.

Each bidder assumes all risks of lossrelating to its failure to deliver, or causeto be delivered, on a timely basis and inthe manner specified by theDepartment, each bid form, earnestmoney deposit, and Loan SaleAgreement required to be submitted bythe bidder.

Ties for High Bidder

If a tie continues after the best andfinal offers are submitted or the biddersdo not respond within the time periodestablished by the Department, thesuccessful bidder will be determined bylottery. Notwithstanding the above, theDepartment reserves the right towithdraw any pool(s) of single familyloans subject to tie bids.

Single Family Loan Sale ProcedureThe Department has selected a

competitive sealed bid auction as themethod to sell the blocks of SingleFamily Mortgage Loans. This method ofsale optimizes the Department’s returnon the sale of these loans affords thegreatest opportunity for all interested

investors to bid on the defaulted loans,and provides the quickest and mostefficient vehicle for the Department todispose of the blocks of loans.

Single Family Loan Sale Policy

Post Sale Servicing RequirementsThe loans will be sold with servicing

released by FHA. The loans must beserviced by a FHA approved mortgageefor the remaining lives of the loans,unless the Mortgagor consents to amodification or the loan is refinanced orsatisfied of record.

Successful bidders, or purchasers ofthese Mortgage Loans, and theirsuccessors, will be responsible forservicing the Loans in accordance withthe applicable provisions of the LoanSale Agreement. The Departmentintends to take any and all stepspossible to ensure enforcement of theseprovisions.

Scope of NoticeThis notice applies to the Single

Family Loan Sale Number 3, and doesnot establish Departmental proceduresand policies for the sale of othermortgage loans. If there are any conflictsbetween the Notice and the Bid Package,including the Loan Sale Agreement, thecontents of the Bid Package prevail.

Dated: August 9, 1996.Nicolas P. Retsinas,Assistant Secretary for Housing-FederalHousing Commissioner[FR Doc. 96–20835 Filed 8–14–96; 8:45 am]BILLING CODE 4210–27–P

Office of the Assistant Secretary forHousing-Federal HousingCommissioner

[Docket No. FR–4051–N–02]

Mortgagee Review BoardAdministrative Actions

AGENCY: Office of the AssistantSecretary for Housing-Federal HousingCommissioner, HUD.ACTION: Notice.

SUMMARY: In compliance with Section202(c) of the National Housing Act,notice is hereby given of the cause anddescription of administrative actionstaken by HUD’s Mortgagee ReviewBoard against HUD-approvedmortgagees.FOR FURTHER INFORMATION CONTACT:William Heyman, Director, Office ofLender Activities and ProgramCompliance, 451 Seventh Street, S.W.,Washington, D.C. 20410, telephone(202) 708–1515. (This is not a toll-freenumbers.) A telecommunications device

for hearing- and speech-impairedindividuals (TTY) is available at 1–800–877–8339 (Federal Information RelayService).SUPPLEMENTARY INFORMATION: Section202(c)(5) of the National Housing Act(added by Section 142 of theDepartment of Housing and UrbanDevelopment Reform Act of 1989 (Pub.L. 101–235), approved December 15,1989, requires that HUD ‘‘publish in theFederal Register a description of andthe cause for administrative actionagainst a HUD-approved mortgagee’’ bythe Department’s Mortgagee ReviewBoard. In compliance with therequirements of Section 202(c)(5), noticeis hereby given of administrative actionsthat have been taken by the MortgageeReview Board from April 1, 1996through June 30, 1996.

1. Southland Financial, Inc.; Fullerton,California

Action: Withdrawal of HUD–FHAmortgagee approval and proposed civilmoney penalty in the amount of$50,000.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements including: failure totimely remit to HUD–FHA Up-FrontMortgage Insurance Premiums (UFMIPs)and to remit late charges and interestpenalties; failure to timely submit loansfor mortgage insurance endorsement;and failure to maintain an adequateQuality Control Plan.

2. Stevens Financial Corporation; Brea,California

Action: Withdrawal of HUD–FHAmortgagee approval and proposed civilmoney penalty of $50,000.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements including: failure totimely remit Up-Front MortgageInsurance Premiums (UFMIPs) to HUD–FHA and to remit late charges andinterest penalties; improperly usingcurrent UFMIP funds to pay the UFMIPsfor older loans where the UFMIP has notbeen remitted to HUD–FHA;commingling borrowers’ UFMIPs withcompany operating funds; failure totimely submit loans to HUD–FHA formortgage insurance endorsement;submitting alleged false information toHUD–FHA to obtain branch officeapprovals; paying compensation tolenders not approved by HUD–FHA,and to HUD–FHA approved loancorrespondents not sponsored by thecompany for the origination of HUD–FHA insured mortgages; and failure toimplement and maintain an adequateQuality Control Plan.


3. Renet Financial Corporation; Orange,California

Action: Withdrawal of HUD–FHAmortgagee approval and proposed civilmoney penalty in the amount of$50,000.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements that included: failure totimely remit Up-Front MortgageInsurance Premiums (UFMIPs) to HUD–FHA and to remit late charges andinterest penalties; improperly usingcurrent UFMIP funds to pay the UFMIPsfor older loans where the UFMIP has notbeen remitted to HUD–FHA; failure totimely submit loans to HUD–FHA formortgage insurance endorsement; usingborrowers’ escrow funds to close HUD–FHA loans; failure to implement andmaintain an adequate Quality ControlPlan for the origination of HUD–FHAinsured mortgages; failure to complywith HUD–FHA reporting requirementsunder the Home Mortgage DisclosureAct (HMDA); failure to report to HUD–FHA a loss of more than 20 percent ofnet worth; and failure to documentborrowers’ source of funds to closeHUD–FHA insured mortgages.

4. B&M Mortgage Corporation; CollegePark, Georgia

Action: Proposed withdrawal ofHUD–FHA mortgagee approval.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements that included: failure todocument borrowers’ source of fundsused for downpayment and/or closingcosts; failure to document discrepanciesin a HUD–FHA insured loantransaction; charging unallowable feesto borrowers; failure to maintainrequired loan documents; failure toimplement and maintain an adequateQuality Control Plan; and failure torespond to a findings letter issued bythe Quality Assurance Division.

5. Alliance Mortgage Corporation; VillaPark, Illinois

Action: Settlement Agreement thatincludes indemnification to theDepartment for any claim losses inconnection with six improperlyoriginated loans; and corrective actionto assure compliance with HUD–FHArequirements.

Cause: A HUD Office of InspectorGeneral audit report that disclosedviolations of HUD–FHA requirementsincluding: failure to conduct face-to-faceinterviews with mortgagors; failure toproperly verify borrowers’ gift funds;failure to properly verify a borrower’sincome; understating a borrower’sliabilities; and failure to maintain anadequate Quality Control Plan.

6. Statewide Mortgage Company;Birmingham, Alabama

Action: Settlement Agreement thatincludes: indemnification to theDepartment for any claim losses inconnection with 31 improperlyoriginated HUD–FHA insured Title Iproperty improvement loans; correctiveaction to assure compliance with HUD–FHA requirements; and a future reviewby an independent CPA to determiningcompliance by the company’s Bellevue,Washington branch office with HUD–FHA Title I program requirements.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHA TitleI program requirements including:failure to conduct face-to-face ortelephone interviews with borrowers;approving loan applicants based uponalleged false leases; failure to presentTitle I loan proceeds directly toborrowers; alleged falsified propertyinspection reports; failure to establishrequired equity; and reporting loans forHUD–FHA insurance that containedinaccurate information.

7. Home Bank F.S.B.; Cleveland, Ohio

Action: Settlement Agreement thatprovides for reimbursement to theDepartment for losses incurred withrespect to 21 improperly originatedHUD–FHA insured mortgages during1990 and 1991.

Cause: Violations of HUD–FHArequirements by a former employee thatincluded failure to perform face-to-faceinterviews with borrowers; andsubmission of false information to theDepartment.

8. Amerifirst Mortgage Corporation;Hempstead, New York

Action: Settlement Agreement thatincludes indemnification to theDepartment for any claim losses inconnection with 13 improperlyoriginated HUD–FHA insuredmortgages; and payment to theDepartment in the amount of $52,000.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements including: failure toimplement an adequate Quality ControlPlan; failure to adequately document aborrower’s source of funds; overinsuredmortgages; exceeding appropriate loan-to-value ratios on a cash out refinance;permitting unallowable credits to themortgagor at closing; failure to conformto the maximum constructionrehabilitation period; approvingborrowers with poor credit; impropertransfer of GNMA escrow funds; failureto properly calculate the mortgagor’seffective income; and closing loans withduplication of charges.

9. Sun West Mortgage Company;Cerritos, California

Action: Settlement Agreement thatincludes: indemnification to theDepartment for any claim loss inconnection with an improperlyoriginated HUD–FHA insured mortgage;payment to the Department of a civilmoney penalty in the amount of $6,500;and corrective action to assurecompliance with HUD–FHArequirements.

Cause: A HUD monitoring review thatdisclosed violations of HUD–FHArequirements including: use of allegedfalse information to originate a HUD–FHA insured mortgage; misrepresentingthe Title I property improvement andsingle family insurance programs; andusing false and misleading advertisingin the company’s HUD–FHA Title Iprogram activities.

10. Provident Mortgage Corporation;Visalia, California

Action: Settlement Agreement thatincludes indemnification to theDepartment for its claim loss inconnection with one improperlyoriginated HUD–FHA insured mortgage;and corrective action to assurecompliance with HUD–FHArequirements.

Cause: A HUD monitoring review thatcited the company for failure todetermine a borrower’s source of fundsused for downpayment; and failure tocooperate with a monitoring review ofthe company’s HUD–FHA insuredmortgage activities.

11. Camelview Financial Services;Scottsdale, Arizona

Action: Settlement Agreement thatincludes; payment of a civil moneypenalty to the Department in theamount of $2,000; and corrective actionto assure compliance with HUD–FHArequirements.

Cause: Use of false and misleadingadvertising in connection with theHUD–FHA Title I program.

12. Occidental Mortgage Corporation;Covina, California

Action: Settlement Agreement thatincludes: payment of a civil moneypenalty to the Department in theamount of $2,000; and corrective actionto assure compliance with HUD–FHATitle I program requirements.


13. Suncoast Lenders, Inc.; Upland,California

Action: Settlement Agreement thatincludes: payment of a civil money


penalty to the Department in theamount of $2,000; and corrective actionto assure compliance with HUD–FHArequirements.


14. Nova Funding Group; Encino,California

Action: Settlement Agreement thatincludes: payment to the Department ofa civil money penalty in the amount of$2,000; and corrective action to assurecompliance with HUD–FHArequirements.


15. San Diego Funding d/b/a SDFunding; San Diego, California

Action: Settlement Agreement thatincludes: payment of a civil moneypenalty to the Department in theamount of $2,000; and corrective actionto assure compliance with HUD–FHArequirements.


16. United Mortgagee, Inc.; VirginiaBeach, Virginia

Action: Settlement Agreement thatincludes: payment to the Department inthe amount of $2,000; and correctiveaction to assure compliance with HUD–FHA requirements.


17. Padre Financial ServicesCorporation; San Diego, California

Action: Proposed SettlementAgreement that includes: payment tothe Department of a civil money penaltyin the amount of $2,000; and correctiveaction to assure compliance with HUD–FHA requirements.


18. Real Estate Plus Mortgage; RedondoBeach, California

Action: Proposed SettlementAgreement that includes: payment tothe Department of a civil money penaltyin the amount of $2,000; and correctiveaction to assure compliance with HUD–FHA requirements.


19. California Federal Bank; LosAngeles, California

Action: Letter of Reprimand


20. Mortgage Lenders AcceptanceCorporation; Laguna Hills, California

Action: Letter of ReprimandCause: Use of false and misleading

advertising in connection with theHUD–FHA Title I program.

21. Mortgagees and Title I Lenders ThatFailed To Comply With HUD–FHARequirements for the Submission of anAnnual Audited Financial Statementand/or Payment of the AnnualRecertification Fee

Action: Withdrawal of HUD–FHAmortgagee approval and Title I lenderapproval.

Cause: Failure to submit to theDepartment the required annual auditedfinancial statement and/or remit therequired annual recertification fee.

Mortgagees Withdrawn: CitizensIndustrial Bank, Mobile, AL; FirstCoastal Funding, Inc., Mobile, AL;Prudential Mortgage Service Co., SantaAna, CA; Mother Lode Mortgage, Inc.,Auburn, CA; California Mortgage Group,Inc., Garden Grove, CA; Mortgage Line,Inc., Walnut Creek, CA; Villa MortgageCorp., Diamond Bar, CA; BramaleaMortgage, Inc., Newport Beach, CA; SCFunding Corp., Irvine, CA; GM FundingServices, Inc., Inglewood, CA; BrooksideFinancial, Inc., Redlands, CA; FirstUnited Federal Mtg. Inc, Phelan, CA;McCollum Funding, Redding, CA; AllHomeowners Mortgage Corp., LakeForest, CA; FIC Corporation, Stanton,CA; Apco Financial Corp., Carlsbad, CA;Vintage Brokers, Inc., Fremont, CA;Almerica Funding, Sacramento, CA;New Freedom Financial Enterprise,Simi Valley, CA; Del Mar Funding, SanDiego, CA; Executive Financial Invest,Inc., Fremont, CA; Cable Mortgage, Inc.,Vacaville, CA; American MortgageNetwork, Inc., Richmond, CA; SantaClara Financial Corp., San Jose, CA;Williams Mortgage Group, Inc., GardenGrove, CA; California Patriot, Inc.,Orangevale, CA; FCB Enterprises, Inc.,Northridge, CA; Earl T. Combs, Inc.,Turlock, CA; Blue Star Mortgage, Inc.,Riverside, CA; Bryce Funding Group,Inc., Rancho Cucamonga, CA; EFCMortgage Corp., Newport Beach, CA;Cook and Cook Mortgage, Inc., CameronPark, CA; C and M McGee, Inc., RanchoCordova, CA; United Mortgage andInvestment, Boulder, CO; DenverMortgage Funding, Denver, CO;MacWest Mortgage Corporation, Denver,CO; Residential Mortgage Association,Inc., Miami, FL; Independent MortgageServicing Corp., Winter Park, FL;Gwinnett Federal Bank FSB,

Lawrenceville, GA; Kipling MortgageGroup, Inc., Atlanta, GA; GreatAmerican Lending Group, Inc., Atlanta,GA; American Independent Mortgage,Atlanta, GA; Biggs Penn Mortgage,Atlanta, GA; Pacific First Mortgage, Inc.,Aiea, HI, T-Tyme, Inc., Boise, ID;Deerfield Federal Savings; Deerfield, IL;Five Star Financial Services,Schaumburg, IL; A Mortgage Company,Frederick, MD; Builder FinancialServices of Baltimore, LLC, Columbia,MD; Atlantic Mortgage Corporation, EastDetroit, MI; Farmington MortgageCompany, Farmington Hill, MI; HomeFinancial Center Mortgage Corp.,Bloomington, MN; ABI Mortgage Corp.,Saint Paul, MN; Clayton MortgageAssoc, Inc., Clayton, MO; AmericanFinancial Group, Inc., Charlotte, NC;First Realty Fin Ser of NJ, NorthBrunswick, NJ; American NationalFunding Corp., Las Vegas, NV; Four StarFinancial Ser-Nevada, Las Vegas, NV;James Financial Services Corp., LasVegas, NV; Construction ManagementGroup, Harrison, NY; WashingtonFinancial Corp., University Heights, OH;Brumbaugh and Fulton Company,Tulsa, OK; Central Savings Bank PA SA,Lititz, PA; Miltex Mortgage, Inc., Austin,TX; Cowest Mortgage Corporation,Dallas, TX; First Home Mortgage, Inc.,Houston, TX; American BankersMortgage Corp., Denton, TX; TejasMortgage Investors, Inc., Wichita Falls,TX; Texas Financial Mortgage Corp.,Houston, TX; American FinancialMortgage, Dallas, TX; American EagleMortgage, Provo, UT; AthertonMortgage-Utah, Inc., Salt Lake City, UT;Fairland Mortgage Co. Inc., Annandale,VA; Union Financial Corp., McLean,VA; First Dominion Mortgage Corp.,Annandale, VA; America’s LendingNetwork, Inc., Fairfax, VA; JamesonGroup, Inc., Woodinville, WA; NationalHome Loan Mortgage, Inc., Kirkland,WA; Forest Park Mortgage Co., Seattle,WA; Windsor Mortgage, Seattle, WA;Village Oaks Financial Group, BullheadCity, AZ; First Preferred FederalFinancial Serv, Downey, CA; Sierra CalInvestments, Sacramento, CA; Rio VistaMortgage Corporation, San Diego, CA;Nationwide Realty Services, Inc., SanDiego, CA; Diablo Valley Properties,Inc., Walnut Creek, CA; Pacific WestBancorp Mtg. Corp., Burbank, CA; TransCapital Mortgage, Inc., Los Angeles, CA;Coast Capital, Torrance, CA; WorldWide Mortgage, San Diego, CA; DJS,Inc., Westlake Village, CA; RL Mortgage,Inc., Los Angeles, CA; Prime FinancialMortgage, Ventura, CA; RKL MortgageService, Inc., Costa Mesa, CA; EquityOne Lenders Service, Inc., Placentia,CA; Nations One Mortgage Corp.,


Englewood, CO; East Coast Mtg andInvest Co., Miami, FL; Mortgage BankersGroup, Inc., Miami, FL; InterlinkFinancial Corp., Orlando, FL; AmericanMortgage Express, Inc., Miami, FL;Shorewood Financial, Inc., FortLauderdale, FL; Fidelity Loan Services,Inc., Arlington Heights, IL; AmericasMortgage Servicing, Inc., Frederick, MD;Developers Service Corporation, Troy,MI; Alliance Lending Group, Inc.,Charlotte, NC; Foremost MortgageBrokerage, Inc., Shrewsbury, NJ; AppleNational Mortgage, Springfield, NJ; MCSMortgage Company, Reno, NV; T and EMortgage Company, San Antonio, TX;Primesource Mortgage, El Paso, TX;Spectrum Financial Corp., Silverdale,WA; Mortgage Express Incorporated,Green Bay, WI; First Savings BankAlabama FA, Hamilton, AL; RanchoVista National Bank, Vista, CA;Irvinecity Bank FSB, Irvine, CA; UnitedCalifornia Savings Bank, Santa Ana, CA;International Savings Bank, San Diego,CA; Modern Federal Savings Loan Assn,Grand Junction, CO; Shelton SavingsBank, Shelton, CT; Lincoln Savings andLoan Assn, Miami, FL; Amtrust Bank,Boca Raton, FL; First Federal SavingsBank, Brunswick, GA; South GeorgiaFSB, Glennville, GA; DevelopmentBank, American Samoa, HI; King CityFederal Savings Bank, Mount Vernon,IL; Central Federal Savings ALA, Cicero,IL; Loomis Federal Savings and Loan,Chicago, IL; First Federal Savings BankFSB, Rockford, IL; First of KansasBanking Savings, Hays, KS; FranklinSavings Association, Ottawa, KS;Peoples Bank and Trust Co, Owenton,KY; Kentucky Enterprise Bank FSB,Newport, KY; First Federal Bank forSavings N KY, Covington, KY; FarmersNational Bank and Trust Co,Williamsburg, KY; Paul Revere LifeInsurance Company, Worcester, MA;Standard Federal Savings Association,Frederick, MD; Reisterstown FederalSav Bk, Reisterstown, MD; Old CourtSavings and Loan, Inc., Baltimore, MD;Charter Financial Corporation, Livonia,MI; AAA Mortgage Corporation,Bingham Farms, MI; First SecurityBank, Byron, MN; Guaranty FederalSavings Bank, Springfield, MO;Cleveland Federal Bank, Shelby, NC;Omnibank FSB, Salisbury, NC; HomeFederal Savings Bank, Kings Mountain,NC; Southtrust Bank Central Carolina,Concord, NC; CFX Bank, Keene, NH;New Dartmouth Bank, Hooksett, NH;Crestmont Federal Savings ALA,Edison, NJ; Bay Ridge Federal SavingsBank, Brooklyn, NY; United NorthernFSB, Watertown, NY; Mid-HudsonSavings Bank FSB, Fishkill, NY;Hamilton Federal Savings ALA,

Brooklyn, NY; Stillwater Savings andLoan Assn, Stillwater, OK; SharonSavings Bank, Darby, PA; Home FederalSavings Bank SC, Rock Hill, SC; PeoplesFederal Savings and Loan Assoc,Conway, SC; National First LendersCorp., Knoxville, TN; Federal SavingsBank FA, Dumas, TX; Village SavingsAssn, Houston, TX; SouthwesternSavings and Loan Assn, El Paso, TX;Jefferson Savings and Loan, Warrenton,VA; Tidemark Bank for Savings FSB,Newport News, VA; University SavingsBank, Seattle, WA; Summit SavingsAssn, Bellevue, WA; First NationalBank, Baldwin, WI.

Title I Lenders Withdrawn: CFCMortgage Corporation, Lancaster, CA;Warner Oaks Financial Corp., WoodlandHills, CA; Renet Financial Corporation,Anaheim, CA; American FidelityMortgage, San Diego, CA; FICCorporation, Stanton, CA; HeartlandMortgage Corporation, Atlanta, GA;Loans, Inc., Honolulu, HI; AntillesFinance Corp., Carolina, PR; Rio VistaMortgage Corp., San Diego, CA; Del MarFunding, Inc., San Diego, CA; SouthlandMortgage Lending Corp., Marietta, GA;Plaza Mortgage, Inc., Medford, OR;Union Financial Corporation, McLean,VA; Illinois Guarantee Savings Bk,Effingham, IL; Bankers Thrift and LoanAssn, Leawood, KS.

Dated: August 6, 1996.Stephanie A. Smith,General Deputy Assistant Secretary forHousing-Federal Housing Commissioner.[FR Doc. 96–20793 Filed 8–14–96; 8:45 am]BILLING CODE 4210–27–P


Fish and Wildlife Service

Endangered and Threatened SpeciesPermit Application, Availability of anEnvironmental Assessment andReceipt of an Application for anIncidental Take Permit for the FederallyThreatened Coastal CaliforniaGnatcatcher for the Old TownTemecula Redevelopment Project,Riverside County, CA

AGENCY: Fish and Wildlife Service,Interior.ACTION: Notice of availability.

SUMMARY: The U.S. Fish and WildlifeService (Service) has underconsideration a proposal to issue a 30-year permit under Section 10(a)(1)(B) ofthe Endangered Species Act of 1973, asamended (Act) that would authorizeincidental taking of the threatenedcoastal California gnatcatcher (Polioptilacalifornica californica; gnatcatcher). The

applicant for this incidental take permitis the Temecula Entertainment Valley,Inc. The application is accompanied bya proposed Habitat Conservation Planfor the gnatcatcher, and ImplementingAgreement. In response to the permitapplication and the accompanyingproposal, an Environmental Assessmenthas been prepared pursuant to theNational Environmental Policy Act andis available. The application has beenassigned permit number PRT–817719.

This notice is provided pursuant tosection 10 of the Act and the NationalEnvironmental Policy Act regulations(40 CFR 1506.6). The Service willevaluate the application, associateddocuments, and comments submittedthereon to determine whether theapplication meets the requirements ofthe National Environmental Policy Actregulations and section 10(a) of the Act.If it is determined that the requirementsare met, a permit will be issued for theincidental take of the gnatcatcher. Thefinal National Environmental Policy Actand permit determination will be madeno sooner than 30 days from the date ofthis notice. This notice describes thecurrently proposed action andalternatives, and solicits comments onthe issues and alternatives raised in theEnvironmental Assessment. Allcoments, including names andaddresses, received will become part ofthe official administrative record andmay be available to the public.DATES: Written comments related to theService’s Environmental Assessmentand the applicants permit application,Habitat Conservation Plan, andImplementing Agreement, should bereceived by the Service on or beforeSeptember 16, 1996.ADDRESSES: Information, comments, orquestions regarding the EnvironmentalAssessment, permit application, HabitatConservation Plan, and ImplementingAgreement should be submitted to Mr.Gail Kobetich, Field Supervisor, U.S.Fish and Wildlife Service, 2730 LokerAvenue West, Carlsbad, California92008. Written comments also may besent by facsimile to (619) 431–9618.Please refer to permit number PRT–817719 when submitting comments.Individuals wishing copies of theapplication, Environmental Assessmentor Implementing Agreement for reviewshould immediately contact the aboveoffice. Documents will also be availablefor public inspection, by appointment,during normal business hours at theabove address.FOR FURTHER INFORMATION CONTACT: Mr.Pete Sorenson, Assistant FieldSupervisor, Endangered Species, at theabove address, (619) 431–9440.


SUPPLEMENTARY INFORMATION: TheService listed the coastal Californiagnatcatcher as threatened, on March 25,1993 (58 FR 16742). As a threatenedspecies, the gnatcatcher is protectedpursuant to section 9 of the Act against‘‘take,’’ that is, no one may harass, harm,pursue, hunt, shoot, wound, kill, trap,capture, or collect the species, orattempt to engage in such conduct (16USC 1538). However, under certaincircumstances, the Service may issuepermits to take threatened wildlifespecies incidental to, and not thepurpose of, otherwise lawful activities.Regulations governing permits forendangered species are at 50 CFR 17.22.

BackgroundTemecula Entertainment Valley, Inc.,

proposes to construct the WestsideSpecific Plan portion of the Old TownTemecula Redevelopment Projectconsisting of a Wild West Arena, Hotel,Western Bypass road, and associatedfacilities located in the City ofTemecula, western Riverside County.The proposed project is partially locatedin undeveloped areas that are known tosupport two breeding pairs ofgnatcatchers. Construction of the Projectwould result in the permanent loss of35.5 acres of occupied gnatcatcherhabitat.

Temecula Entertainment Valley, Inc.,proposes to compensate for thisincidental take by preserving andproviding for the management of 29acres of gnatcatcher habitat wihin an80.1 acre parcel to be set aside as openspace adjacent to the proposed projectsite. In addition, the applicant proposesto acquire and provide a managementendowment for off-site mitigationcontaining approximately 60 acres ofgnatcatcher habitat within a 120 acreparcel adjacent to the SouthwesternRiverside County Multi-Species Reserve(Reserve) east of the proposed projectsite. The Reserve ManagementCommittee has tentatively agreed tomanage the site consistent with existingmanagement activities on the Reserveusing the management endowmentprovided by the applicant.

Temecula Entertainment Valley, Inc.,considered four alternatives, includingthe proposed project. These alternativesincluded a reduced project alternative, adifferent location alternative, and the noaction alternative. The reduced actionalternative would reduce the impact tognatcatcher habitat; however, it wouldstill require a 10(a) permit andaccompanying mitigation. The differentlocation alternative would not impactgnatcatcher on the proposed project site;however, if selected it would require asubstantial change in the proposed

traffic circulation pattern within theCity of Temecula. Selection of the noaction alternative would reduce theimpacts on gnatcatchers on theproposed project site in the short term.Selection of the no action alternativelimits the applicants goal of providingfor preservation of historic values andbalancing job/housing ratio’s inTemecula.

This notice is provided pursuant tosection 10 of the Act and NationalEnvironmental Policy Act regulations(40 CFR 1506.6). The Service willevaluate the application, associateddocuments, and comments submittedthereon to determine whether theapplication meets the requirements ofNational Environmental Policy Actregulations and section 10(a) of the Act.If it is determined that the requirementsare met, a permit will be issued for theincidental take of the listed species. Thefinal permit decision will be madefollowing a review of all commentsreceived in response to this notice.

Dated: August 8, 1996.Thomas Dwyer,Acting Regional Director, Region 1, Portland,Oregon.[FR Doc. 96–20813 Filed 8–14–96; 8:45 am]BILLING CODE 4310–55–P

Bureau of Land Management

[NM–931–06–1020–00]

New Mexico Resource AdvisoryCouncil Meeting

AGENCY: Bureau of Land Management,Interior.ACTION: Notice of council meeting.

SUMMARY: In accordance with theFederal Land Policy and ManagementAct and the Federal AdvisoryCommittee Act of 1972 (FACA), 5 U.S.C.Appendix 1, The Department of theInterior, Bureau of Land Management(BLM), announces two meetings of theNew Mexico Resource Advisory Council(RAC). The first meeting will be held onSeptember 19 and 20, 1996 and ifneeded the second meeting will be heldon October 10 and 11, 1996.

The first meeting on September 19and 20, 1996 will be at the AmberelySuites Hotel, 7620 Pan AmericaFreeway, Albuquerque, NM 87109.

The agenda for the first RAC meetingis a continuation of the August 1 and 2,1996 meeting at Farmington, NM andincludes discussion of the results ofscoping comments on the New MexicoRAC Draft Standards for RangelandHealth and Guidelines for LivestockGrazing (S&G), development of revisions

to the S&G as needed and a time for thepublic to address the RAC. The meetingis open to the public. The time for thepublic to address the RAC is onThursday, September 19, 1996, from3:00 p.m. to 5:00 p.m. The RAC mayreduce or extend the end time of 5:00p.m. depending on the number ofpeople wishing to address the RAC andthe length of time available. The lengthof time available for each person toaddress the RAC will be established atthe start of the public comment periodand will depend on how many peoplethere are that wish to address the RAC.At the completion of the publiccomments the RAC may continuediscussion on its Agenda items.

If needed a second meeting isscheduled for October 10 and 11, 1996to continue RAC deliberations on theS&G’s. This meeting will be held at theBest Western Fred Harvey, 2910 YaleBlvd. SE, Albuquerque, NM 87106.

The agenda for the second RACmeeting is again the continuation of theAugust 1 and 2, 1996 meeting atFarmington, NM and includesdiscussion of the results of scopingcomments on the New Mexico RACDraft Standards for Rangeland Healthand Guidelines for Livestock Grazing(S&G), development of revisions to theS&G as needed and a time for the publicto address the RAC. The meeting is opento the public. The time for the public toaddress the RAC is on Thursday,October 10, 1996, from 3:00 p.m. to 5:00p.m. The RAC may reduce or extend theend time of 5:00 p.m. depending on thenumber of people wishing to addressthe RAC and the length of timeavailable. The length of time availablefor each person to address the RAC willbe established at the start of the publiccomment period and will depend onhow many people there are that wish toaddress the RAC. At the completion ofthe public comments the RAC maycontinue discussion on its Agendaitems.DATES: The first RAC meeting will be onThursday September 19, 1996 from 8:30a.m. to 5:00 p.m. and on Friday,September 20, 1996, from 7:30 a.m. to4:00 p.m. If needed the second RACmeeting will be on Thursday October10, 1996 from 8:30 a.m. to 5:00 p.m. andon Friday, October 11, 1996, from 7:30a.m. to 4:00 p.m. The end time of 4:00p.m. for both the first and secondmeetings may be changed depending onthe work remaining to be completed bythe RAC. The public may address theRAC during the public comment periodfor the first meeting on ThursdaySeptember 19, 1996 starting at 3:00 p.m.If the second meeting is needed the


public may also address the RAC duringthe public comment period for thesecond meeting on Thursday October10, 1996 starting at 3:00 p.m.FOR FURTHER INFORMATION CONTACT: BobArmstrong, New Mexico State Office,Policy and Planning Team, Bureau ofLand Management, 1474 Rodeo Road,P.O. Box 27115, Santa Fe, New Mexico87502–0115, telephone (505) 438–7436.SUPPLEMENTARY INFORMATION: Thepurpose of the Resource AdvisoryCouncil is to advise the Secretary of theInterior, through the BLM, on a varietyof planning and management issuesassociated with the management ofpublic lands. The Council’sresponsibilities include providingadvice on long-range planning,establishing resource managementpriorities and assisting the BLM toidentify State and regional standards forrangeland health and guidelines forgrazing management.

Dated: August 9, 1996.Richard A. Whitley,Acting State Director.[FR Doc. 96–20812 Filed 8–14–96; 8:45 am]BILLING CODE 4310–FB–M

[NV–050–1020–001]

Mojave-Southern Great BasinResource Advisory Council—Notice ofMeeting Locations and Times

AGENCY: Bureau of Land Management,Interior.ACTION: Resource Advisory Councilmeeting locations and times.

SUMMARY: In accordance with theFederal Land Policy and ManagementAct and the Federal AdvisoryCommittee Act of 1972 (FACA), 5U.S.C., the Department of the Interior,Bureau of Land Management (BLM),council meeting of the Mojave-SouthernGreat Basin Resource Advisory Councilwill be held as indicated below. Theagenda includes a public commentperiod, discussion of laws andregulations that pertain to grazing, andan update of standards and guidelines.

All meetings are open to the public.The public may present writtencomments to the council. Each formalcouncil meeting will have a timeallocated for hearing public comments.The public comment period for thecouncil is listed below. Depending onthe number of persons wishing tocomment, and time available, the timefor individual oral comments may belimited. Individuals who plan to attendand need further information about themeetings, or need special assistancesuch as sign language interpretation or

other reasonable accommodations,should contact Michael Dwyer at theLas Vegas District Office, 4765 VegasDr., Las Vegas, NV 89108, telephone,(702) 647–5000.DATES, TIMES: Date is September 12,1996, from 8 a.m. to approximately 4:30p.m. The council will meet at the DesertResearch Institute, room 181, located at755 E. Flamingo, Las Vegas, NV 89119.The public comment period will be at3 p.m.SUPPLEMENTARY INFORMATION: Thepurpose of the council is to advise theSecretary of the Interior, through theBLM, on a variety of planning andmanagement issues associated with themanagement of the public lands. Thecouncil will vote on recommendationsfor Standards and Guidelines that willbe presented to the State Director,Nevada on June 11.FOR FURTHER INFORMATION CONTACT:Lorraine Buck, Public Affairs Specialist,Las Vegas District, telephone: (702) 647–5000.Steven A. Ellis,Acting Associate District Manager.[FR Doc. 96–20837 Filed 8–14–96; 8:45 am]BILLING CODE 4310–HC–M

[ES–030–06–1430–01; WIES–036706]

Notice of Realty Action; Recreationand Public Purposes Classification,Langlade County, WI

ACTION: Notice of realty action.

SUMMARY: The following describedparcel has been classified as suitable fordisposal to Langlade County, Wisconsinby conveyance pursuant to theprovisions of the Recreation and PublicPurposes Act of 1926 (44 Stat. 741), asamended (43 U.S.C. 869):

Fourth Principal Meridian, WisconsinT.33N., R.10E.

Sec.36, Lot #20Containing 0.24 acres.

The purpose of the conveyance ispreservation of a recreational areawithin a county forest preserve.

Any patent issued under this noticeshall be subject to the provisions in 43CFR 2741.9. In the event ofnoncompliance with the terms of thepatent, title to the land will revert to theUnited States.

Classification of this land segregates itfrom all appropriation except as toapplications under the mineral leasinglaws and the Recreation and PublicPurposes Act. Segregation willterminate upon issuance of a patent; oreighteen (18) months from the date ofthis notice; or upon publication of a

notice of termination, whichever occursfirst.

The island is physically suited to theproposed use and is not of nationalsignificance. Since the island is valuablefor a local program, it is consideredchiefly valuable for public purposes andtherefore suitable for classification anddisposal under the Recreation andPublic Purposes Act. This action isconsistent with local and FederalGovernment plans, programs, andpolicies. Detailed informationconcerning this transfer is available atthe Milwaukee District Office, Bureau ofLand Management, 310 West WisconsinAvenue, Suite 450, Milwaukee,Wisconsin.DATES: Interested parties may submitcomments until September 30, 1996. Inthe absence of timely objections, thisproposal shall become the finaldetermination of the Department of theInterior.ADDRESSES: Comments should be sent toBureau of Land Management,Milwaukee District, P.O. Box 631,Milwaukee, Wisconsin 53201–0631.FOR FURTHER INFORMATION CONTACT:Howard Levine, Milwaukee District,(414) 297–4463.

Dated: August 8, 1996.James W. Dryden,District Manager.[FR Doc. 96–20811 Filed 8–14–96; 8:45 am]BILLING CODE 4310–GJ–P

[CA–942–5700–00]

Filing of Plats of Survey; California

AGENCY: Bureau of Land Management,Interior.ACTION: Notice.

SUMMARY: The purpose of this notice isto inform the public and interested stateand local government officials of thelatest filing of plats of Survey inCalifornia.EFFECTIVE DATE: Unless otherwise noted,filing was effective at 10:00 a.m. on thenext federal work day following the platacceptance date.FOR FURTHER INFORMATION CONTACT:Lance J. Bishop, Acting Chief, Branch ofCadastral Survey, Bureau of LandManagement (BLM), California StateOffice, 2135 Butano Drive, Sacramento,CA 95825, 916–079–2890.SUPPLEMENTARY INFORMATION: The platsof survey of lands described below havebeen officially filed at the CaliforniaState Office of the Bureau of LandManagement in Sacramento, CA.

Humboldt Meridian, CaliforniaT. 10 N., R. 3 E.,


Dependent resurvey and subdivision ofSection 23, (Group 1206) accepted June18, 1996, to meet certain administrativeneeds of the Bureau of Indian Affairs.

Mount Diablo Meridian, California

T. 40 N., R. 7 E.,Dependent resurvey and subdivision of

sections 5, 7, 8, and 17, (Group 1146)accepted June 6, 1996, to meet certainadministrative needs of the US ForestService, Modoc National Forest.

T. 37 N., R. 10 W.,Metes-and-bounds survey of tracts 40

through 44, (Group 1151) accepted June6, 1996, to meet certain administrativeneeds of the US Forest Service, Klamathand Shasta-Trinity National Forests.

T. 28 S., R. 40 E.,Metes-and-bounds survey of tract 44,

(Group 1240) accepted June 10, 1996, tomeet certain administrative needs of theBLM, California Desert District,Ridgecrest Resource Area.

T. 26 S., R. 32 E.,Dependent resurvey and metes-and-bounds

survey of tract 37, (Group 1065) acceptedJune 14, 1996, to meet certainadministrative needs of the BLM,Bakersfield District, Caliente ResourceArea.

T. 22 N., R. 40 E.,Metes-and-bounds survey of tract 37,

(Group 1227) accepted June 17, 1996, tomeet certain administrative needs of theBLM, Eagle Lake Resource Area.

T. 3 S., R. 20 E.,Corrective dependent resurvey of certain

lots of the Foresta Subdivision, (Group1178) accepted July 22, 1996, to meetcertain administrative needs of theNational Park Service, Yosemite NationalPark.

San Bernardino Meridian, California

T. 4 S., R. 1 E.,Dependent resurvey and subdivision of

section 20, (Group 1203) accepted June18, 1996, to meet certain administrativeneeds of the Bureau of Indian Affairs.

Tps. 4 N., Rgs. 25 & 26 E.,Corrective resurvey, dependent resurvey,

independent resurvey and survey,(Group 1205) accepted June 20, 1996, tomeet certain administrative needs of theBureau of Indian Affairs.

All of the above listed survey plats arenow the basic record for describing thelands for all authorized purposes. Thesurvey plats have been placed in theopen files in the BLM, California StateOffice, and are available to the public asa matter of information. Copies of thesurvey plats and related field notes willbe furnished to the public uponpayment of the appropriate fee.

Dated: August 6, 1996.Lance J. Bishop,Acting Chief, Branch of Cadastral Survey.[FR Doc. 96–20841 Filed 8–14–96; 8:45 am]BILLING CODE 4310–40–M

[ID–957–1430–00]

Filing of Plats of Survey; Idaho

The plat of the following describedland was officially filed in the IdahoState Office, Bureau of LandManagement, Boise, Idaho, effective9:00 a.m. August 5, 1996.

The plat representing the dependentresurvey of portions of the southboundary, T. 9 S., R. 13 E., and of theeast boundary, and subdivisional lines,and the subdivision of sections 1 and 2,T. 10 S., R. 13 E., Boise Meridian, Idaho,Group 949, was accepted, August 5,1996.

This survey was executed to meetcertain administrative needs of theBureau of Land Management. Allinquiries concerning the survey of theabove described land must be sent to theChief, Cadastral Survey, Idaho StateOffice, Bureau of Land Management,3380 Americana Terrace, Boise, Idaho,83706–2500.

Dated: August 5, 1996.Duane E. Olsen,Chief Cadastral Surveyor for Idaho.[FR Doc. 96–20783 Filed 8–14–96; 8:45 am]BILLING CODE 4310–GG–M

INTERNATIONAL DEVELOPMENTCOOPERATION AGENCY

Agency for International Development

Submission for OMB Review;Comment Request

SUMMARY: U.S. Agency for InternationalDevelopment (USAID) has submittedthe following information collectionrequirement to OMB for review andclearance under the PaperworkReduction Act of 1995, Public Law 104–13. Comments regarding thisinformation collection are best assuredof having their full effect if receivedwithin 30 days of this notification.Comments should be addressed to: DeskOfficer for AID, Office of Informationand Regulatory Affairs, Office ofManagement and Budget (OMB),Washington, D.C. 20503. Copies ofsubmission may be obtained by calling(202) 736–4743.

SUPPLEMENTARY INFORMATION:Title: Supplier’s Certificate and

Agreement with the U.S. Agency forInternational Development for ProjectCommodities/Invoice-and-ContractAbstract.

Form No.: AID 1450–4.OMB No.: 0412–0020.Type of Submission: Renewal.Abstract: When USAID is not a party

to a contract which it finances, it needs

some means of collecting informationdirectly from the suppliers of suchcommodities and related services toenable it to take appropriate action inthe event that they do not comply withapplicable USAID regulations. Theinformation collection, recordkeeping,and reporting requirements arenecessary to assure that USAID fundsare expended in accordance withstatutory requirements and USAIDpolicies. It also allows for positiveidentification of transactions whereovercharges occur.

Annual Reporting Burden:Number of Respondents: 33Average hours per response: .500hours (three times a year)Total annual responses: 99

Dated: July 24, 1996.Genease E. Pettigrew,Chief, Information Support Services Division,Office of Administrative Services, Bureau ofManagement.[FR Doc. 96–20784 Filed 8–14–96; 8:45 am]BILLING CODE 6116–01–M

DEPARTMENT OF LABOR

Employment and TrainingAdministration

Proposed Collection; CommentRequest

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,collection instruments are clearlyunderstood, and the impact of collectionrequirements on respondents can beproperly assessed. Currently, theEmployment and TrainingAdministration is soliciting commentsconcerning the proposed extension ofcollection of data to update theCompendium of State UnemploymentInsurance Operations, Organizationsand Relationships.

A copy of the proposed informationcollection request (ICR) can be obtainedby contacting the office listed below inthe addressee section of this notice.


DATES: Written comments must besubmitted to the office listed in theaddressee section below on or beforeOctober 15, 1996. The Department ofLabor is particularly interested incomments which:

*Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunctions of the agency, includingwhether the information will havepractical 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, andclarity of the information to becollected; and

*Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,e.g., permitting electronic submissionsof responses.ADDRESSES: Jack Bright, UnemploymentInsurance Service, United StatesDepartment of Labor, Employment andTraining Administration, Room S–4231FPB, Attn: TEUPDI, 200 ConstitutionAvenue, NW., Washington, DC 20210.Telephone No. (202) 219–5616 (this isnot a toll-free number), FAX No. (202)219–8506.


I. BackgroundThe Compendium of State

Unemployment Insurance Operations,Organizations, and Relationships (theCompendium) was originally preparedin July 1989 and was updated in July1990 and July 1995. The Compendiumand the updates were developed toprovide previously unavailableinformation on State operations usefulfor State and Federal policydevelopment, program planning, andoversight activities. The data collectionin 1994 for the 1995 update was madeunder OMB Approval No. 2305–0333,which expires September 30, 1996. Thatdata is beginning to become dated andconsequently lacks complete reliability.There is a need to collect information inearly 1997 to publish a 1997 update ofthe Compendium to keep theinformation current and to preserve itsutility.

The Unemployment Insurance Service(UIS) has a need to know how each ofthe 53 State Employment SecurityAgencies (SESAs) uniquely operates.The Compendium provides information

on initial claim filing, claimantinterviews, continued claim reporting,benefit payment procedures andcontrols, claim verification, job bankusage, crossmatches with otheragencies, tax collection procedures,appeals procedures, roles played byadvisory councils, and organizationaland functional relationships. It hasprovided information useful in UIperformance measurement studies,evaluation of corrective action plansand in quality control reviews. Theinformation is also used to analyzeproposed legislative and policy changes,as well as to respond to Administration,Congressional and public inquiries. TheSESAs are able to use the Compendiumto respond to inquiries from their Statelegislators about how their methods ofadministration compare with otherStates. It is also useful to a SESA forplanning purposes, because the Statesthat use a particular methodology can beidentified so advice can be sought froma SESA that has implemented aninnovative approach or new technology.

The information is in a data base ofSESA operations, organizations, andprocedures. UIS has the capability torelate this data to other data (e.g., fiscal,statutes, workload reports, trust fundbalances, etc.) so that analysis of therelationships between practice andperformance, using all relevant factors,can be conducted. By using theinformation, UIS has been able toanswer inquiries regarding nationwidepractices which it could not do prior topreparation of the Compendium.

II. Current ActionsThe regular use of the Compendium

by UIS, the Regional Offices, and theSESAs since 1989 has established it asa useful tool. Consequently, it needs tobe kept as current as possible. Having itcontinuously updated and availableelectronically will make it an even moreuseful tool.

The 1995 Edition of the Compendiumis currently accessible on the Internetthrough the Home Pages of theEmployment and TrainingAdministration and the InformationTechnology Support Center (ITSC). TheITSC is a joint project of UIS and theMaryland Department of Labor,Licensing and Regulation established tosupport the needs of the 53 StateEmployment Security Agencies (SESAs)in applying automation and technologysolutions to meet the needs of the UIprogram. UIS intends, in cooperationwith the ITSC, to institute proceduresfor SESAs to provide information aboutchanges to the ITSC so that theCompendium can be updated wheneverSESAs implement changes in any of the

activities or structures encompassed bythe Compendium. This will give UIS,Regional Offices, SESAs, and the publicelectronic access to the Compendium,and it can result in a Compendium thatwill continually be updated and neverout-of-date. SESAs will be remindedannually to notify the ITSC of anychanges that have occurred in the pastyear that should be included in theCompendium.

As soon as all the details of theprocedures for electronic updating havebeen completed, the SESAs will beasked to report, on an exception basis,any changes that have occurred sincethe last data collection in 1994. Usersare encouraged to offer suggestions forimprovement of the Compendium, e.g.,new tables to provide informationdesired about the use of newtechnology, the deletion of currenttables containing unnecessary orobsoleted information, and reformatingtables to make them easier tounderstand. Instructions will also beprovided to the SESAs, so they cannotify the ITSC of future changes as theyoccur. Ongoing changes will then bemade to the Compendium so thatcurrent information will be availableand accessible through the ITSC or ETAHome Page.

Type of Review: Extension.Agency: Employment and Training

Administration.Title: Compendium of State

Unemployment Insurance Operations,Organizations, and Relationships.

OMB Number: 1205–0333.Affected Public: State Government

(State Employment Security Agencies).Total Respondents: 53 State

Employment Security Agencies.Frequency: On occasion, as changes

occur and annual review.Total Responses: 53.Average Time Per Response: One hour

or less for a SESA if and when a changetakes place. Three hours annually toverify that all changes have beenincorporated.

Estimated Total Burden Hours: 225(159 for annual review and balance forperiodic updates).

Total Burden Cost (capital/startup):none.

Total Burden Cost (operating/maintaining): The estimated cost to theFederal Government is $4,000 annuallyfor updating and maintaining theCompendium on the ITSC Web site.Annual cost to each of the 53 SESAs isapproximately 4 hours of staff time ($30per hour) for reviewing theCompendium and reporting neededchanges.

Comments submitted in response tothis comment request will be


summarized and/or included in therequest for Office of Management andBudget approval of the informationcollection request; they will alsobecome a matter of public record.

Dated: August 8, 1996.Mary Ann Wyrsch,Director, Unemployment Insurance Service,United States Department of Labor,Employment and Training Administration.[FR Doc. 96–20792 Filed 8–14–96; 8:45 am]BILLING CODE 4510–30–P

Job Training Partnership ActAllotments; Wagner-Peyser Act FinalPlanning Estimates; Program Year (PY)1996

AGENCY: Employment and TrainingAdministration, Labor.ACTION: Notice.

SUMMARY: This notice announces States’Job Training Partnership Act (JTPA)allotments for Program Year (PY) 1996(July 1, 1996–June 30, 1997) for JTPATitles II–A, II–C, and III, and for theJTPA Title II–B Summer YouthEmployment and Training Program inCalendar Year (CY) 1996; and finalplanning estimates for publicemployment service activities under theWagner-Peyser Act for PY 1996.FOR FURTHER INFORMATION CONTACT: ForJTPA allotments, contact Mr. James M.Aaron, Director, Office of Employmentand Training Programs, Room N4666,200 Constitution Avenue, N.W.,Washington, D.C. 20210; Telephone:202–219–5580. For Employment Serviceplanning levels contact Mr. John R.Beverly, Director, U.S. EmploymentService, Room N–4470, 200 ConstitutionAvenue, NW., Washington, D.C. 20210;Telephone: 202–219–5257. (These arenot toll-free numbers.)SUPPLEMENTARY INFORMATION: TheDepartment of Labor (DOL orDepartment) is announcing Job TrainingPartnership Act (JTPA) allotments forProgram Year (PY) 1996 (July 1, 1996–June 30, 1997) for JTPA Titles II–A, II–C, and III, and for the Summer YouthEmployment and Training Program inCalendar Year (CY) 1996 for JTPA TitleII–B; and, in accord with Section 6 ofthe Wagner-Peyser Act, final planningestimates for public employment service(ES) activities under the Wagner-PeyserAct for PY 1996. The allotments andestimates are based on theappropriations for DOL for Fiscal Year(FY) 1996.

Attached is a listing of the allotmentsfor PY 1996 for programs under JTPATitles II–A, II–C, and III; allotments forthe CY 1996 Summer Youth

Employment and Training Programunder Title II–B of JTPA; and finalplanning estimates for publicemployment service activities under theWagner-Peyser Act. The PY 1996allotments for Titles II–A, II–C, and IIIand ES final planning estimates, arebased on the funds appropriated by theDepartment of Labor AppropriationsAct, 1996, Public Law 104–134, for FY1996.

These JTPA allotments will not beupdated for subsequent unemploymentdata. The Employment Service finalestimates are issued as final allotmentsto reflect CY 1995 unemployment data.

Title II–A Allotments. The Attachmentshows the PY 1996 JTPA Title II–AAdult Training Program allotments byState for a total appropriation of$850,000,000. For all States, Puerto Ricoand the District of Columbia, thefollowing data were used in computingthe allotments:—Data for areas of substantial

unemployment (ASU) are averages forthe 12-month period, July 1994through June 1995.

—The number of excess unemployedindividuals or the ASU excess(depending on which is higher) areaverages for this same 12-monthperiod.

—The economically disadvantagedadult data (age 22 to 72, excludingcollege students and military) arefrom the 1990 Census.The allotments for the Insular Areas,

including the Freely Associated States,are based on unemployment data from1990 Census or, if not available, themost recent data available. A 90 percentrelative share ‘‘hold-harmless’’ of the PY1995 Title II–A allotments for theseareas and a minimum allotment of$75,000 were also applied indetermining the allotments.

Title II–A funds are to be distributedamong designated service delivery areas(SDAs) according to the statutoryformula contained in Section 202(b) ofJTPA, as amended by Title VII,Miscellaneous Provisions, of the JTPAAmendments of 1992. (This Title VIIprovides an interim allocationmethodology which applies to the PY1996 allotments). This is the sameformula that has been used in previousprogram years: however, prior to PY1993 a different definition of‘‘economically disadvantaged’’ wasused.

JTPA Title II–B Allotments. TheAttachment shows the CY 1996 JTPATitle II–B Summer Youth Employmentand Training Program allotments byState based on the total availableappropriation for CY 1996 of

$625,000,000. These funds wereobligated as Fiscal Year 1996 funds, notas Program Year 1996 funds.

The data used for these allotments arethe same unemployment data as wereused for Title II–A, except that data forthe number for economicallydisadvantaged youth (age 16 to 21,excluding college students and military)from the 1990 Census was used. For theInsular Areas and Native Americans, theallotments are based on the percentageof Title II–B funds each received duringthe previous summer.

Title II–B funds for the 1996 SummerProgram are to be distributed amongdesignated SDAs in accordance with thestatutory formula contained in Section252(b) of JTPA, as amended by Title VII,Miscellaneous Provisions, of the JTPAAmendments of 1992. This Title VIIprovides an interim allocationmethodology which applies to the PY1996 allotments. The Title II–B formulais the same as for Title II–C. This is thesame formula which was used in theprevious program year.

JTPA Title II–C Allotments. TheAttachment shows the PY 1996 JTPATitle II–C Youth Training Programallotments by State for a totalappropriation of $126,672,000. For allStates, the Insular Areas, Puerto Rico,and the District of Columbia, the dataused in computing the allotments arethe same data as were used for Title II–B allotments.

The allotments for the Insular Areasare based on unemployment data fromthe 1990 census or, if not available, themost recent data available. Title II–Cfunds are to be distributed amongdesignated SDAs in accordance with thestatutory formula contained in Section16(b) of JTPA, as amended by Title VII,Miscellaneous Provisions, of the JTPAAmendments of 1992. This Title VIIprovides an interim allocationmethodology which applies to the PY1996 allotments. The Title II–C formulais the same as for Title II–B. This is thesame formula which was used in theprevious program year.

JTPA Title III Allotments. TheAttachment shows the PY 1996 JTPATitle III Dislocated Worker Programallotments by State, for a total of$1,097,500,000. The total includes 80percent allotted by formula to the States($878,000,000), and 20 percent($219,500,000) for the National Reserve,including funds allotted to the InsularAreas.

Title III formula funds are to bedistributed to State and substategrantees in accordance with theprovisions in Section 302 (c) and (d) ofJTPA, as amended.


Except for the Insular Areas, theunemployment data used for computingthese allotments, relative numbers ofunemployed and relative numbers ofexcess unemployed, are averages for theOctober 1994 through September 1995period. Long-term unemployed dataused were for CY 1994.

Allotments for the Insular Areas arebased on the PY 1996 Title II–Aallotments for these areas.

A reallotment of these published TitleIII formula amounts, as provided for bySection 303 of JTPA, as amended, willbe based on completed program yearexpenditure reports submitted by theStates and received by October 1, 1996.The Title III allotment for each Statewill be adjusted upward or downward,based on whether the State is eligible toshare in reallotted funds or is subject torecapture of funds.

Wagner-Peyser Act EmploymentService Final Planning Estimates. TheAttachment shows final planningestimates which have been produced

using the formula set forth at Section 6of the Wagner-Peyser Act, 29 U.S.C. 49e.These allotments are based on CalendarYear 1995 averages for each State’sshare of the civilian labor force (CLF)and unemployment.

The total planning estimate includes$18,000,000 of the total amountavailable, which is being withheld fromdistribution to States to finance postagecosts associated with the conduct ofEmployment Service business for 1996.

The Secretary of Labor has set aside3 percent of the total available funds toassure that each State will havesufficient resources to maintainstatewide employment services, asrequired under Section 6(b)(4) of theWagner-Peyser Act. In accordance withthis provision, $22,312,050 is set asidefor administrative formula allocation.These setaside funds are included in thetotal planning estimate. Setaside fundsare distributed in two steps to Stateswhich have lost in their relative shareof resources from the prior year. In step

one, States which have a CLF below onemillion and are below the median CLFdensity are maintained at 100 percent oftheir relative share of prior yearresources. All remaining set-aside fundsare distributed on a pro rata basis instep two to all other States losing inrelative share from the prior year, butwhich do not meet the size and densitycriteria for step one.

Ten percent of the total sums allottedto each State shall be reserved for useby the Governor to provide performanceincentives for public employmentservice offices, services for groups withspecial needs, and for the extra costs ofexemplary models for delivering jobservices.

Signed at Washington, D.C., this 7th day ofAugust, 1996.

Timothy M. Barnicle,Assistant Secretary of Labor for Employmentand Training.

BILLING CODE 4510–30–M


[FR Doc. 96–20822 Filed 8–14–96; 8:45 am]BILLING CODE 4510–30–C

NUCLEAR REGULATORYCOMMISSION

[Docket No. 50–400]

Carolina Power & Light Company;Notice of Withdrawal of Application forAmendment to Facility OperatingLicense

The U.S. Nuclear RegulatoryCommission (the Commission) hasgranted the request of Carolina Power &Light Company (the licensee) towithdraw its March 3, 1995, applicationfor proposed amendment to FacilityOperating License No. NPF–63 for theShearon Harris Nuclear Power Plant,Unit No. 1, located in New Hill, NorthCarolina.

The proposed amendment wouldhave revised the TechnicalSpecifications (TS) to eliminate theperiodic response time testing TSrequirements for selected pressure anddifferential pressure sensors in certainReactor Trip System and EngineeredSafety Features Actuation Systeminstrumentation channels.

The Commission had previouslyissued a Notice of Consideration ofIssuance of Amendment published inthe Federal Register on March 29, 1995(60 FR 16183). However, by letter datedJuly 23, 1996, the licensee withdrew theproposed change.

For further details with respect to thisaction, see the application foramendment dated March 3, 1995, andthe licensee’s letter dated July 23, 1996,which withdrew the application forlicense amendment. The abovedocuments are available for publicinspection at the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC,and at the local public document roomlocated at the Cameron Village RegionalLibrary, 1930 Clark Avenue, Raleigh,North Carolina 27605.

Dated at Rockville, Maryland, this 7th dayof August 1996.

For the Nuclear Regulatory Commission.Ngoc B. Le,Project Manager, Project Directorate II–1,Division of Reactor Projects—I/II, Office ofNuclear Reactor Regulation.[FR Doc. 96–20825 Filed 8–14–96; 8:45 am]BILLING CODE 7590–01–P

[Docket No. 50–305]

Wisconsin Public Service Corporation;Wisconsin Power and Light Company;Madison Gas and Electric Company;Kewaunee Nuclear Power Plant;Environmental Assessment andFinding of No Significant Impact

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of an exemptionfrom the requirements of 10 CFR Part50, Appendix K, Sections I.D.3 andI.D.5, to Wisconsin Public ServiceCorporation, Wisconsin Power andLight Company, and Madison Gas andElectric Company (the licensee), for theKewaunee Nuclear Power Plant locatedin Kewaunee County, Wisconsin.

Environmental Assessment

Identification of the Proposed ActionThe proposed exemption would grant

relief from the requirements of 10 CFRPart 50, Appendix K, Sections I.D.3 andI.D.5, as these requirements relate to thecalculational method for determiningthe core exit flow based on carryoverfraction and the heat transfer analysisduring the refill and reflood phase of aloss of coolant accident (LOCA). Thesecalculations are part of a thermal/hydraulic analysis that demonstrates theexisting emergency core cooling system(ECCS) will provide adequate protectionof the reactor fuel during a LOCA.

The proposed exemption is inaccordance with the licensee’s requestfor exemption dated July 23, 1996.

The Need for the Proposed ActionThe proposed exemption is required

because the features described in thelicensee’s request indicate that themethod assumed for injection coolingwater in the reactor in thermal/hydraulic analysis is different than theactual method used at the plant. Theevaluation model for analyzing potentialaccidents assumed cooling water wouldenter the reactor via the lower plenum,while the pipe configuration of the plantinjects cooling water in the upperplenum of the reactor.

Environmental Impacts of the ProposedAction

The Commission has completed itsevaluation of the proposed exemptionand concludes that the exemption dealswith the calculational method in theanalysis of a potential accident. Theexemption does not affect in any waythe plant operating characteristics orprocedures, components or systems.Further, the proposed exemption willnot increase the probability orconsequences of accidents, no changes

are being made in the types of anyeffluents that may be released offsite,and there is no significant increase inthe allowable individual or cumulativeoccupational radiation exposure.Accordingly, the Commission concludesthat there are no significant radiologicalenvironmental impacts associated withthe proposed exemption.

With regard to potentialnonradiological impacts, the proposedexemption involves features locatedentirely within the restricted area asdefined in 10 CFR Part 20. It does notaffect nonradiological plant effluentsand has no other environmental impact.Accordingly, the Commission concludesthat there are no significantnonradiological environmental impactsassociated with the proposedexemption.

Alternatives to the Proposed ActionSince the Commission has concluded

there is no measurable environmentalimpact associated with the proposedaction, any alternatives with equal orgreater environmental impact need notbe evaluated. As an alternative to theproposed action, the staff considereddenial of the proposed action. Denial ofthe application would result in nochange in current environmentalimpacts. The environmental impacts ofthe proposed action and the alternativeaction are similar.

Alternative Use of ResourcesThis action does not involve the use

of any resources not previouslyconsidered in the Final EnvironmentalStatement for the Kewaunee NuclearPower Plant.

Agencies and Persons ConsultedIn accordance with its stated policy,

on August 1, 1996, the staff consultedwith the Wisconsin State official, LannyL. Smith, Director-Technical Unit,Electric Division, of the Public ServiceCommission of Wisconsin, regarding theenvironmental impact of the proposedaction. The State official had nocomments.

Finding of No Significant ImpactBased upon the environmental

assessment, the Commission concludesthat the proposed action will not havea significant effect on the quality of thehuman environment. Accordingly, theCommission has determined not toprepare an environmental impactstatement for the proposed action.

For further details with respect to theproposed action, see the licensee’s letterdated July 23, 1996, which is availablefor public inspection at theCommission’s Public Document Room,


The Gelman Building, 2120 L Street,NW., Washington, DC, and at the localpublic document room located at theUniversity of Wisconsin, Cofrin Library,2420 Nicolet Drive, Green Bay,Wisconsin 54311–7001.

Dated at Rockville, Maryland, this 9th dayof August 1996.

For the Nuclear Regulatory Commission.Richard J. Laufer,Project Manager, Project Directorate III–3,Division of Reactor Projects—III/IV, Office ofNuclear Reactor Regulation.[FR Doc. 96–20827 Filed 8–14–96; 8:45 am]BILLING CODE 7590–01–P

Draft Regulatory Guide; Issuance,Availability

The Nuclear Regulatory Commissionhas issued for public comment a draft ofa new guide planned for its RegulatoryGuide Series. This series has beendeveloped to describe and makeavailable to the public such informationas methods acceptable to the NRC stafffor implementing 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 temporarilyidentified as DG–0010, ‘‘Preparation ofPetitions for Rulemaking Under 10 CFR2.802 and Preparation and Submissionof Proposals for Regulatory GuidanceDocuments,’’ and is intended forDivision 10, ‘‘General.’’ DG–1037 isbeing developed to provide guidance topersons who submit petitions forrulemaking to the Nuclear RegulatoryCommission; this guidance concerns thetype and quantity of information thatwould allow the NRC to process thepetitions in an expeditious manner.This regulatory guide would alsoprovide guidance on submittingproposals to change existing NRCregulatory guidance documents.

This draft guide is being issued toinvolve the public in the early stages ofthe development of a regulatory positionin this area. The draft guide has notreceived complete staff review and doesnot represent an official NRC staffposition.

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 Document

Room, 2120 L Street NW., Washington,DC. Comments will be most helpful ifreceived by September 12, 1996.

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 databases 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,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 contact

FedWorld 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 DG–0010, contact T.Y.Chang at (301)415–6450; [email protected].

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.

Regulatory guides are available forinspection at the Commission’s PublicDocument Room, 2120 L Street NW.,Washington, DC. Requests for singlecopies of final or draft 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 faxed to (301)415–2260. Telephone requests cannot beaccommodated. Regulatory guides arenot copyrighted, and Commissionapproval is not required to reproducethem.(5 U.S.C. 552(a))

Dated at Rockville, Maryland, this 1st dayof August 1996.

For the Nuclear Regulatory Commission.Lawrence C. Shao,Director, Division of Engineering Technology,Office of Nuclear Regulatory Research.[FR Doc. 96–20826 Filed 8–14–96; 8:45 am]BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTYCORPORATION

Interest Assumption for DeterminingVariable-Rate Premium; InterestAssumptions for Multiemployer PlanValuations Following Mass Withdrawal

AGENCY: Pension Benefit GuarantyCorporation.


ACTION: Notice of interest rates andassumptions.

SUMMARY: This notice providesinformation about interest rates andassumptions to be used for calculatingthe variable-rate premium payable to thePension Benefit Guaranty Corporationand for valuing benefits inmultiemployer plans following a masswithdrawal. These rates andassumptions are published elsewhere(or are derivable from rates publishedelsewhere); the PBGC furnishes theinformation in this notice simply for theconvenience of the public. Interest ratesare also published on the PBGC’s homepage (http://www.pbgc.gov).

DATES: The interest rate for determiningthe variable-rate premium under part4006 applies to premium payment yearsbeginning in August 1996. The interestassumptions for performingmultiemployer plan valuationsfollowing mass withdrawal under part4281 apply to valuation dates occurringin September 1996.

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).


Variable-Rate Premiums

Section 4006(a)(3)(E)(iii)(II) of theEmployee Retirement Income SecurityAct of 1974 and § 4006.4(b)(1) of thePBGC’s regulation on Premium Rates(29 CFR part 4006) prescribes use of anassumed interest rate in determining asingle-employer plan’s variable-ratepremium. The rate is a specifiedpercentage (currently 80 percent) of theannual yield on 30-year Treasurysecurities for the month preceding thebeginning of the plan year for whichpremiums are being paid (the ‘‘premiumpayment year’’). The yield figure isreported in Federal Reserve StatisticalReleases G.13 and H.15.

The assumed interest rate to be usedin determining variable-rate premiumsfor premium payment years beginningin August 1996 (i.e., 80 percent of theyield figure for July 1996) is 5.62%. Thefollowing table lists the assumedinterest rates to be used in determiningvariable rate premiums for premiumpayment years beginning in the one-yearperiod ending with August 1996.

For premium payment years be-ginning in

The re-quired in-

terestrate is

September 1995 ........................... 5.49October 1995 ................................ 5.24November 1995 ............................ 5.10December 1995 ............................ 5.01January 1996 ................................ 4.85February 1996 .............................. 4.84March 1996 ................................... 4.99April 1996 ...................................... 5.28May 1996 ...................................... 5.43June 1996 ..................................... 5.54July 1996 ...................................... 5.65August 1996 .................................. 5.62

Multiemployer Plan ValuationsFollowing Mass Withdrawal

The PBGC’s regulation on Duties ofPlan Sponsor Following MassWithdrawal (29 CFR part 4281)prescribes the use of interestassumptions under the PBGC’sregulation on Allocation of Assets inSingle-employer Plans (29 CFR part4044). The interest assumptionsapplicable to valuation dates inSeptember 1996 under part 4044 arecontained in an amendment to part 4044published elsewhere in today’s FederalRegister.

Issued in Washington, DC, on this 12th dayof August 1996.Martin Slate,Executive Director, Pension Benefit GuarantyCorporation.[FR Doc. 96–20846 Filed 8–14–96; 8:45 am]BILLING CODE 7708–01–P

POSTAL RATE COMMISSION

[Docket No. MC96–3; Order No. 1129]

Special Services Fees andClassifications

August 8, 1996.ACTION: Notice of expansion of scope ofdocket.

SUMMARY: Notice is hereby given that onAugust 8, 1996, the Postal RateCommission expanded the scope of thisproceeding at the request of NashuaPhoto Inc. and Mystic Color Lab toinclude consideration of classificationmodification with respect to BusinessReply Mail. Previous notice of the scopeof this proceeding was published in theFederal Register on June 21, 1996, 61FR 31968–312001. Interested personswishing to participate in this matter willbe considered to have good cause for notsubmitting a notice of intervention priorto this date, and may requestintervention pursuant to CommissionRules of Practice sections 20, 20a, and

20b. 39 CFR 3001.20, 3001.20a,3001.20b.ADDRESSES: Comments andcorrespondence should be sent toMargaret Crenshaw, Secretary of theCommission, 1333 H Street, NW., Suite300, Washington, DC 20268–0001(telephone: 202–789–6840).FOR FURTHER INFORMATION CONTACT:Stephen L. Sharfman, Legal Advisor,Postal Rate Commission, 1333 H Street,NW., Washington, DC 20268–0001(telephone: 202–789–6820).SUPPLEMENTARY INFORMATION: On July15, 1996, Nashua Photo Inc. and MysticColor Lab (‘‘Nashua/Mystic’’) filed amotion to enlarge the scope of thisproceeding to consider an allegedinequity in the fee structure for BusinessReply Mail. Nashua Photo Inc. andMystic Color Lab Motion to EnlargeScope of Proceeding for Considerationof Classification Modification withRespect to Business Reply Mail, July 15,1996 (‘‘Motion’’). Presiding Officer’sRuling MC96–3/4 certified the issuesraised by the Motion to the fullCommission. The Commission acceptscertification, and grants the Nashua/Mystic Motion.

Nashua/Mystic request that thisdocket address the need to establish acategory of Business Reply Mail (BRM)that would be eligible for a discountedadvance deposit fee comparable to thecurrent two-cent per-piece fee chargedbarcoded BRM. The Motionacknowledges that the BRM generatedby Nashua and Mystic is not‘‘prebarcoded and automatable’’ andthat such mail cannot take advantage ofthe Postal Service’s automated BusinessReply Mail Accounting System(BRMAS). Motion at 3. It argues,however, that Nashua and Mystic havea system for processing their incomingbulk non-automatable BRM mail thatreduces the Postal Service’s BRM-related costs below those of mailprocessed by the BRMAS system. Forthis reason, it contends, mail processedin this manner should be eligible for adiscounted BRM fee comparable to thatcharged for barcoded BRM. Id. at 2.

Parties’ Arguments. The Motionalleges that the Postal Service’s refusalto charge a discounted BRM fee thatreflects the costs avoided when thebusiness reply customer handles andaccounts for its own incoming mail isdue, in part, to the lack of a DMCSprovision for such a discount. It arguesthat amending DMCS Rate ScheduleSS–2 to provide for a ‘‘non-automatablebulk’’ discount category for BRMprocessed by bulk handling andaccounting methods approved by thePostal Service would remedy the


inequity of the current fee structure.Motion at 3–4. It contends that theCommission has jurisdiction under§ 3623(b) to recommend classificationchanges on its own initiative, and,therefore, has the authority to entertainthe classification proposals ofintervenors in this proceeding. It arguesthat this would promote the policies ofthe Act stated in § 3623(c)(1) (‘‘theestablishment of a fair and equitableclassification schedule’’), and§ 3622(c)(5) (‘‘the desirability of specialclassifications from the point of view ofboth the user and of the PostalService’’). The Motion argues that itwould be inequitable not to providethem an opportunity to develop anevidentiary record supporting itsproposal in this proceeding because it isthe only proceeding dealing withspecial services that the Postal Servicehas indicated it will file in theforeseeable future. Id. at 5.

The Postal Service filed its answer tothe Motion on July 24, 1996. Oppositionof United States Postal Service toNashua Photo Inc. and Mystic Color LabMotion to Enlarge Scope of Proceedingfor Consideration of ClassificationModification with Respect to BusinessReply Mail, July 24, 1996 (‘‘PostalService Opposition’’). The PostalService argues that the Motion shouldbe rejected because its Request is a setof proposals to reclassify discreetspecial services that have nothing to dowith Business Reply Mail. PostalService Opposition at 4. It asserts thatreviewing the BRM fee structure in thisdocket would be premature for bothpractical and policy reasons.

The Postal Service warns that theCommission might have to evaluate theNashua/Mystic proposal on anunderdeveloped record, since the datanecessary are not yet available. It urgesthat the Nashua/Mystic proposal bedeferred, because relevant data ‘‘areexpected to be developed during thecoming months’’ as part of acomprehensive review of its BRMprogram’s costs and business processes.It argues that evaluation of the Nashua/Mystic proposal is likely to delayprocessing of its proposals in thisdocket, since it is likely to raise a widerange of novel and contentious issues,including whether a bulk discountshould be offered to both automated andnon-automated BRM, and the costs ofadministering a bulk BRM discount. Id.at 4–5. It argues that it should be thePostal Service’s managerial prerogativeto treat the proposals in its Request,rather than that of Nashua/Mystic, as itsnear-term business priorities. Id. at 1, 3.It asserts that recommending a rate forbulk BRM in this docket would violate

management’s statutory prerogatives,and warns that the Governors are likelyto reject a shell rate category for bulkBRM, should the Commissionrecommend it. Id. at 2–3.

Finally, the Postal Service argues thatdenying the Motion would not leaveNashua and Mystic without relief.Responding to their assertion that thisdocket is the only reclassification casefor special services that the PostalService plans to file in the foreseeablefuture, the Postal Service contends thatits policy statement of July 19, 1996, onBRM reform ‘‘opens the possibility thatthere soon will be a BRMreclassification case’’ in which theNashua/Mystic proposal could beconsidered. Id. at 5.

The Office of the Consumer Advocate(OCA) also filed a response opposingthe Motion. Office of the ConsumerAdvocate Response to Motion of NashuaPhoto and Mystic Color Lab to EnlargeScope of Proceeding, July 25, 1996(‘‘OCA Response’’). The OCA states thatthe Nashua/Mystic proposal appears tohave merit and should be investigated,citing previous expressions ofCommission concern that the costsavoided by mail services that do notrequire delivery are not adequatelyreflected in their rates. OCA Response at4–5. It contends, however, that to beginan investigation of the BRM feestructure almost two months into theseproceedings might delay the processingof the Postal Service’s proposals. Itregards delay as unwarranted, since itsees no connection between reform ofthe BRM fee structure and the PostalService’s proposals in this docket. Id. at1. The OCA argues that it would bemore appropriate to consider theNashua/Mystic proposal in a separatecomplaint proceeding brought under§ 3662, or in a separate phase of thecurrent docket. Id. at 1–2.

On July 31, 1996, Nashua and Mysticfiled a memorandum replying to thearguments of the Postal Service and theOCA. Nashua Photo Inc. & Mystic ColorLab Reply Memorandum RegardingTheir Motion to Enlarge Scope ofProceeding for Consideration ofClassification Modification with Respectto Business Reply Mail, July 31, 1996(‘‘Nashua Reply’’). Nashua’s Replydescribes the procedures used to handleNashua’s BRM mail. According toNashua, it receives its incoming filmprocessing orders from the PostalService in sacks by truck. It asserts thatit does all remaining handling of thisincoming BRM mail, including keepingan incoming manifest system thatgenerates a daily computer report for thePostal Service of the amount of postageand BRM fees owed. It describes the

Postal Service’s role as limited tosampling the incoming mail to verifythese reports. Nashua contends thatbecause this system requires less BRM-related work of the Postal Service thanBRMAS mail, charging it a 10-cent,rather than a 2-cent BRM fee is unfair.It alleges that the Postal Service doesnot believe that the current DMCSpermits it to charge a reduced fee fornon-automated BRM. Its proposal isintended to remove this perceivedobstacle to charging it fair BRM fees.Nashua Reply at 3, n.3.

Nashua’s Reply urges rejection of thePostal Service’s policy argument thatmanagement’s decisions concerning thescope of its classification proposalsshould control the scope of the hearingsin which they are considered. It warnsagainst assuming that a failure bymanagement to request a particularclassification change means thatmanagement would arbitrarily refuse toconsider a record supporting such achange. Such an assumption, it argues,would make futile the authority grantedto the Commission in § 3623(b) of theAct to initiate hearings on classificationproposals. Id. at 7–8, 9–11. Nashua citesDocket No. MC78–2 as an illustrationthat this authority can be productivelyinvoked. In that docket, it notes, theGovernors adopted the Commission’srecommendation to create presortdiscount categories for non-profit third-class mail, even though the PostalService did not propose changes to thatsubclass in that docket. Id. at 10, n.9.

Nashua’s Reply challenges the PostalService’s contention that theCommission has a policy of excludingintervenors’ proposals from docketsunder circumstances similar to those inthis docket. It notes that the PostalService’s Opposition attempts to drawparallels between Nashua’s proposal inthis docket, and a proposal by UnitedParcel Service (UPS) to expand thescope of Docket No. MC95–1 that theCommission rejected. According to thePostal Service, Nashua notes, theCommission rejected UPS’s proposal toenlarge Docket No. MC95–1 becauseUPS proposed changes to a mailcategory that the Postal Service’sproposals did not address, threateningto unduly burden and delay theconsideration of its own proposals. ThePostal Service has not proposedsubstantive changes to BRM, and claimsthat it would unduly burden and delaythis proceeding to add difficult BRMissues to the complex set of issuesraised by its own proposals. NashuaReply at 2–3.

Nashua counters that the reasons thatthe Commission used to restrict thescope of Docket No. MC95–1 do not


apply to its proposal in this docket. Itobserves that in Docket No. MC95–1, theCommission evaluated proposals toreclassify ‘‘the totality of First-Class,second-class and third-class mail’’ inten months. It argues that the sameamount of time is available to evaluatethe ‘‘vastly smaller’’ set of issues in thisdocket, which involves reclassificationof only six special services. Nashuacontends that the Postal Service is wellaware of the contrast. It quotes from thePostal Service’s letter to the participantsin this docket proposing a partialsettlement, which states that activity inthis docket has been ‘‘relatively light,and there are many fewer issues than inan omnibus rate or classificationproceeding.’’ Under thesecircumstances, Nashua argues,considering a minor change in BRM isunlikely to significantly delay thisproceeding. Nashua Reply at 4–5, 9.

Nashua argues that the parallel thatthe Postal Service attempts to draw withDocket No. MC95–1 fails in anothercrucial respect. It notes that the PostalService’s Opposition offers no assurancethat Nashua would have other remediesif its Motion were denied. TheOpposition, Nashua asserts, offers nocommitment to filing a BRMreclassification case in the near future,just an expectation that later this year itwill be in a position to ‘‘takeappropriate action’’ of an unspecifiednature. Id. at 6, 11.

Commission Analysis. Determiningthe appropriate scope of theCommission’s dockets is anadministrative matter generally left tothe Commission’s sound discretion. Itinvolves balancing various objectives.Prominent among them is proceduralefficiency, but there are others. One ofthem is the Commission’s ‘‘affirmativeduty to develop facts and makerecommendations which further thegoals and objectives of the Act.’’ SeeDocket No. MC78–2, Opinion andRecommended Decision onReconsideration, March 24, 1980, at 13.Among those statutory objectives arethat mail classifications be fair and notunduly discriminatory [see §§ 3623(c)(1)and 403(c)], and that they be structuredto fairly reflect major distinctions incosts, demand, and other § 3622(b)factors.

Nashua has alleged that its BRMrequires less work of the Postal Service,and therefore imposes less cost on thePostal Service, than automated BRM. Ifthis were shown to be true, the five-folddisparity in the BRM discount offered tothese two types of BRM might indicatethat this fee structure violates§ 3623(c)(1), and § 403(c). Such a casemight be rebutted, for example by a

showing that it would beadministratively impractical to establisha separate discount category for non-automated bulk BRM mail processed asNashua describes. The important pointis that not allowing Nashua to attemptto prove its case in this docket wouldfrustrate the objectives of the Act, unlessthere are important countervailingconsiderations.

The countervailing considerationsalleged by the Postal Service are notpersuasive. The Postal Service arguesthat, as a matter of policy, theboundaries of classification proposalsselected by management should controlthe scope of the hearings in which theyare considered. This ‘‘policy’’ is notconsistent with the structure of the Act.The Act clearly does not assume that afailure by management to request aparticular classification change meansthat management would arbitrarilyrefuse to consider a record supportingsuch a change. Such an assumptionwould make a mockery of the authoritygranted to the Commission in § 3623(b)of the Act to initiate hearings onclassification proposals. As Nashuanotes, this authority has beenproductively exercised in prior dockets,such as MC78–2, where the Governorsadopted the Commission’srecommendation to reconfigure asubclass that was not addressed in thePostal Service’s initial filing. NashuaResponse at 10, n.9.

Although BRM is a special service,the Postal Service argues that it isinappropriate to address it in thisdocket, because it is unrelated to the sixspecial services that it proposes tomodify. This argument that BRM isunrelated is valid, as far as it goes. Mostof the six special services are unrelatedto each other and to BRM. The PostalService’s Request proposesmiscellaneous, rather than systematicclassification changes to specialservices. Since all are essentiallydiscreet, self-contained services, there islittle procedural efficiency to be lost byconsidering another discreet specialservice in this docket. The decision toaddress Nashua’s proposal in thisdocket should turn on other factors.

More significant is the PostalService’s argument that consideringNashua’s proposal in this docket wouldbe premature, because the Postal Serviceis currently reexamining BRM costs andoperations. The prospect of havingaccess to more BRM cost andoperational data in a subsequent casewould support deferring considerationof Nashua’s proposal if it were coupledwith some assurance that there will bea relevant filing in the foreseeablefuture. As Nashua points out, however,

the Postal Service has promised onlythat it will be in a better position ‘‘totake appropriate action’’ at the end ofthe year, action which might or mightnot involve a filing with theCommission. Nashua Reply at 6, 11.This contrasts with the situation inDocket No. MC95–1 in which theCommission refused UPS’s request toinclude reform of the Priority Mail ratestructure. An important factor in thatdecision was the Commission’s beliefthat issues relating to the structure ofPriority Mail would be reviewed in afuture docket, based on the intentionsexpressed by the Postal Service to makea relevant filing in the near future. SeeDocket No. MC95–1, Order No. 1064,citing Tr. 1/30.

The other factor on which theCommission relied in refusing to enlargethe scope of MC95–1 was theimpracticality of adding potentiallycomplex reclassification issues to thesweeping classification reforms alreadyunder consideration in that docket. Thiscontrasts with the situation in thisdocket, where the same amount of timeis available to examine a considerablynarrower set of Postal Service proposals.As the Postal Service has acknowledged,activity in this docket has been light,and there are many fewer issues toconsider than in an omnibusclassification docket. Notice of theUnited States Postal Service RegardingPartial Settlement, July 19, 1996, at 3.

The narrowness of the issues raisedby Nashua’s proposal further reducesthe prospect that considering them inthis docket will delay processing of thePostal Service’s proposals. To support arecommendation that a discreet ratecategory be established for bulk, non-automatable BRM processed by thebusiness reply customer, it is notessential for Nashua to show what thespecific discount should be. It may besufficient to show that the BRM costs ofsuch mail are systematically andsubstantially below the BRM costs ofother advance deposit non-automatableBRM. Nashua has disavowed an intentto litigate issues of the appropriateattributable cost and rate for automatedBRM itself. Nashua Reply at 3, n.3.

Accordingly, it does not appear thatconsidering Nashua’s proposal in thisdocket is likely to significantly delay theconsideration of the Postal Service’sproposals in this docket. If, during thecourse of this proceeding, the PostalService should demonstrate thatNashua’s proposal cannot be adequatelyconsidered without a wide-rangingreexamination of the structure of BRMfees, and that such a consideration mustawait the outcome of its currentinvestigations, the Nashua proposal can


be severed and considered in a separatephase of this docket.

It is ordered:1. The Nashua Photo Inc. and Mystic

Color Lab Motion to Enlarge Scope ofProceeding for Consideration ofClassification Modification with Respectto Business Reply Mail, filed July 15,1996, is granted.

2. The Secretary shall cause a noticeof this determination to be published inthe Federal Register.

Issued by the Commission on August 8,1996.Margaret P. Crenshaw,Secretary.[FR Doc. 96–20782 Filed 8–14–96; 8:45 am]BILLING CODE 7710–FW–P

SECURITIES AND EXCHANGECOMMISSION

[Investment Company Act Release No.22129; 812–7754]

Accessor Funds, Inc., et al.; Notice ofApplication

August 9, 1996.AGENCY: Securities and ExchangeCommission (‘‘SEC’’).ACTION: Notice of Application forExemption under the InvestmentCompany Act of 1940 (‘‘Act’’).

APPLICANTS: Accessor Funds, Inc.(‘‘Fund’’), Bennington CapitalManagement L.P. (‘‘Adviser’’) , and eachopen-end management investmentcompany in the future advised by theAdviser.RELEVANT ACT SECTIONS: Exemptionrequested under section 6(c) of the Actfrom the provisions of section 15(a) ofthe Act and rule 18f–2 thereunder.SUMMARY OF APPLICATION: Applicantsrequest an order to permit the Fund andthe Adviser to enter into and amendcontracts with the Fund’s subadviserswithout prior shareholder approval.FILING DATES: The application was filedon July 16, 1991, and amended on June19, 1996, and August 6, 1996.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 applicant with acopy of the request, personally or bymail. Hearing requests should bereceived by the SEC by 5:30 p.m. onSeptember 3, 1996, and should beaccompanied by proof of service onapplicant, in the form of an affidavit or,for lawyers, a certificate of service.Hearing requests should state the nature

of the writer’s interest, the reason for therequest, and the issues contested.Persons may request notification of ahearing by writing to the SEC’sSecretary.ADDRESSES: Secretary, SEC, 450 FifthStreet, N.W., Washington, D.C. 20549.Applicants: Fund and Adviser, 1420Fifth Avenue, Suite 3130, Seattle,Washington 98101.FOR FURTHER INFORMATION CONTACT:Mercer E. Bullard, Branch Chief, (202)942–0564, or Elizabeth G. Osterman,Assistant Director, (202) 942–0564(Division of Investment Management,Office of Investment CompanyRegulation).SUPPLEMENTARY INFORMATION: Thefollowing is a summary of theapplication. The complete applicationmay be obtained for a fee at the SEC’sPublic Reference Branch.

Applicants’ Representations1. The Fund, a Maryland corporation

that has eight series (‘‘Portfolios’’), isregistered under the Act as an open-endmanagement investment company. EachPortfolio, except for the U.S.Government Money Portfolio, employsone subadviser (‘‘Money Manager’’) tomanage all or part of the Portfolio’sassets. The U.S. Government MoneyPortfolio is managed by the Adviser.The Adviser, in the future, may manageother Portfolios. Although no Portfoliocurrently has more than one MoneyManager, the Fund is structured so thateach Portfolio could have more thanone.

2. The Adviser is registered as aninvestment adviser under theInvestment Advisers Act of 1940 and asa transfer agent under the SecuritiesExchange Act of 1934. The Advisermanages the Portfolios under amanagement agreement (‘‘ManagementAgreement’’) with the Fund. Under theManagement Agreement, the Adviseracts as manager and administrator of theFund, and provides or oversees theproviding of all general management,administration, investment advisory andportfolio management services for theFund. The Adviser also is responsiblefor supervising Money Managers,subject to oversight by the Fund’s boardof directors, and recommending MoneyManagers for board approval. TheAdviser is paid a fee by each Portfolio,based on a percentage of the Portfolio’saverage daily net assets, for acting asmanager and administrator to the Fund.

3. Each Money Manager hasdiscretionary authority to invest thatportion of a Portfolio’s assets assigned toit, and its responsibilities are limited tothis role. Each Money Manager receives

an advisory fee that is paid by thePortfolio and based on the assets of thePortfolio.

4. Pursuant to a proxy solicitationmade August 15, 1995, the Fund’sshareholders approved a proposal,conditioned on the receipt of therequested order, to allow the Fund andthe Adviser to enter into advisoryagreements with Money Managers(‘‘Money Manager Agreements’’)without shareholder approval.

5. Applicants request an exemptionfrom section 15(a) of the Act and rule18f–2 thereunder to permit the Fundand the Adviser to enter into and amendMoney Manager Agreements withoutprior shareholder approval. Such reliefwould include any Money ManagerAgreement that terminates as a result ofan ‘‘assignment,’’ as defined in section2(a)(4) of the Act.

Applicants’ Legal Analysis1. Section 15(a) of the Act makes it

unlawful for any person to act asinvestment adviser to a registeredinvestment company except pursuant toa written contract that has beenapproved by a majority of thecompany’s outstanding votingsecurities. Rule 18f–2 under the Actprovides that each series or class ofstock in a series company affected by amatter must approve such matter if theAct requires shareholder approval.

2. Applicants believe that a change ina Money Manager or Money ManagerAgreement is not an event thatsignificantly alters the nature of theshareholder’s investment and thus doesnot implicate the policy concernsrequiring shareholder approval.Applicants assert that the Fund’s use ofthe manager of managers structure willbe a principal reason that shareholdersinvest in the Fund. Shareholders relyprimarily on the Adviser to manage theFund, including changing MoneyManagers when appropriate.Shareholders will receive aninformation statement about changes inMoney Managers or Money ManagerAgreements that provides theinformation that would be included ina proxy solicitation.

3. Applicants contend that requiringshareholder approval of MoneyManagers and Money ManagerAgreements would cause unnecessaryexpense to the Portfolios and harmfuldelays in executing changes in MoneyManagers or the Agreements. Changes toMoney Manager Agreements haverequired at least four specialshareholder meetings since 1992.Applicants expect the direct expenses ofconvening a special meeting to be atleast $8 to $20 per shareholder account.


Applicants contend that, because theFund is not required under state law tohold annual shareholder meetings, theseexpenses need not be incurred unless ashareholder meeting is specificallyrequired,

4. Applicants assert that shareholdershave determined, by approving theManagement Agreement, to rely on theAdviser’s ability to recommend andmonitor Money Managers. Thus,shareholders understand and expect theAdviser to be primarily responsible forchanging Money Managers or MoneyManager Agreements.

5. Applicants argue that it is notnecessary to require shareholderapproval to implement the applicableshareholder protections of the Actbecause changes in Money Managers orMoney Manager Agreements that are notapproved by shareholders will benegotiated at arms-length withunaffiliated Money Managers.

6. Section 6(c) of the Act provides thatthe SEC may exempt any person,security, or transaction from anyprovision of the Act if and to the extentthat such exemption is necessary orappropriate in the public interest andconsistent with the protection ofinvestors and the purposes fairlyintended by the policy and provisions ofthe Act. Applicants believe that therequested order is appropriate in thepublic interest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the Act.

Applicant’s ConditionsApplicants agree that the order shall

be subject to the following conditions:1. Before a Portfolio may rely on the

order requested in the application, theoperation of the Portfolio in the mannerdescribed in the application will beapproved by a majority of theoutstanding voting securities, as definedin the Act, of the Portfolio or, in the caseof a new Portfolio whose publicshareholders purchase shares on thebasis of a prospectus containing thedisclosure contemplated by condition 2below, by the sole initial shareholder(s)before offering shares of such Portfolioto the public.

2. Any Portfolio relying on therequested relief will disclose in thisprospectus the existence, substance, andeffect of any order granted pursuant tothe application.

3. The Adviser will providemanagement and administrativeservices to the Fund and, subject to thereview and approval of the Fund’sBoard, will: set the Portfolios’ overallinvestment strategies; select MoneyManagers; allocate and, when

appropriate, reallocate each Portfolio’sassets among Money Managers; monitorand evaluate Money Managerperformance; and oversee MoneyManager compliance with the Portfolio’sinvestment objectives, policies, andrestrictions.

4. A majority of the Fund’s board willbe persons who are not ‘‘interestedpersons’’ of the Fund (as defined insection 2(a)(19) of the Act)(‘‘Independent Directors’’), and thenomination of new or additionalIndependent Directors will be placedwithin the discretion of the thenexisting Independent Directors.

5. The Fund will not enter into aMoney Manager Agreement with anyMoney Manager that is an ‘‘affiliatedperson’’ of the Fund or the Adviser (asdefined in section 2(a)(3) of the Act)(‘‘Affiliated Money Manager’’) otherthan by reason of serving as MoneyManager to one or more Portfolioswithout such Agreement, including thecompensation to be paid thereunder,being approved by the shareholders ofthe applicable Portfolio.

6. When a Money Manager change isproposed for a Portfolio with anAffiliated Money Manager, the Fund’sdirectors, including a majority of theIndependent Directors, will make aseparate finding, reflected in the Fund’sboard minutes, that such change is inthe best interests of the Portfolio and itsshareholders and does not involve aconflict of interest from which theAdviser or the Affiliated MoneyManager derives an inappropriateadvantage.

7. No director, trustee, or officer of theFund or the Adviser will own directlyor indirectly (other than through apooled investment vehicle that is notcontrolled by any such director, trustee,or officer) any interest in a MoneyManager except for ownership of (i)interests in the Adviser or any entitythat controls, is controlled by, or isunder common control with theAdviser, or (ii) less than 1% of theoutstanding securities of any class ofequity or debt of a publicly tradedcompany that is either a MoneyManager or an entity that controls, iscontrolled by, or is under commoncontrol with a Money Manager.

8. Within 60 days of the hiring of anynew Money Manager or theimplementation of any proposedmaterial changed in a Money ManagerAgreement, the Adviser will furnishshareholders all information about thenew Money Manager or Money ManagerAgreement that would be included in aproxy statement. Such information willinclude any change in such informationcaused by the addition of a new Money

Manager or any proposed materialchange in a Money Manager Agreement.To meet this condition, the Adviser willprovide shareholders with aninformation statement meeting therequirements of Regulation 14C,Schedule 14C, and Item 22 of Schedule14A under the Securities Exchange Actof 1934.

For the SEC, by the Division of InvestmentManagement, under delegated authority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 96–20830 Filed 8–14–96; 8:45 am]BILLING CODE 8010–01–M

[Investment Company Act Release No.22131; 811–4879]

Baird Blue Chip Fund, Inc.; Notice ofApplication for Deregistration

August 9, 1996.AGENCY: Securities and ExchangeCommission (‘‘SEC’’).ACTION: Notice of Application forDeregistration under the InvestmentCompany Act of 1940 (the ‘‘Act’’).

APPLICANT: Baird Blue Chip Fund, Inc.RELEVANT ACT SECTION: Order requestedunder section 8(f).SUMMARY OF APPLICATION: Applicantrequests an order declaring that it hasceased to be an investment company.FILING DATE: The application was filedon June 28, 1996.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 applicant with acopy of the request, personally or bymail. Hearing requests should bereceived by the SEC by 5:30 p.m. onSeptember 3, 1996, and should beaccompanied by proof of service on theapplicant, 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 may request notification of ahearing by writing to the SEC’sSecretary.ADDRESSES: Secretary, SEC, 450 FifthStreet, N.W., Washington, D.C. 20549.Applicant, 777 East Wisconsin Avenue,Milwaukee, WI 53202.FOR FURTHER INFORMATION CONTACT:Mary T. Geffroy, Staff Attorney, at (202)942–0553, or Robert A. Robertson,Branch Chief, at (202) 942–0564(Division of Investment Management,Office of Investment CompanyRegulation).


1 PSO states that it entered into the Agreement asa preliminary step in its plans to invest incompanies providing temporary staffing services topublic utility companies because of the short timeit had to take advantage of this investmentopportunity. The advance to Canton did not bearinterest, was not secured by a security interest inany assets of Canton, and was not evidenced bysecurities. PSO further states that the Agreementprovides that its advance to Canton will be returnedif PSO does not obtain Commission authorizationfor the proposals stated herein.

2 Canton and Nuvest are owned and managed incommon.

3 Canton would obtain the funds for thisrepayment from Nuvest, which would use theproceeds of a third party loan to repay the advancesmade by Canton.

4 PSO will cancel the obligation of Canton torepay $700,000 of the advance made to it by PSO,Canton will cancel the obligation of Nuvest to repay$700,000 of the loan made to it by Canton, andNuvest will convert the cancelled loan obligationinto a capital contribution by PSO.

SUPPLEMENTARY INFORMATION: Thefollowing is a summary of theapplication. The complete applicationmay be obtained for a fee from the SEC’sPublic Reference Branch.

Applicant’s Representations1. Applicant is a registered open-end

management investment company,organized as a Wisconsin corporation.On October 20, 1986, applicant filed aregistration statement on Form N–1Aregistering an indefinite number ofshares of its common stock with a parvalue of $.01 per share. The registrationstatement was declared effective onFebruary 4, 1987 and the initial publicoffering commenced that same day.

2. On December 20, 1995, applicant’sboard of directors voted to authorizeand recommend an Agreement and Planof Reorganization (including the relateddissolution and liquidation ofapplicant). Applicant’s shareholders ofrecord as of January 25, 1996 approvedthe Agreement and Plan ofReorganization at a special meeting heldon March 15, 1996. On June 3, 1996, theshareholders of record as of the close ofbusiness on May 31, 1996 received inaggregate 3,149,349.230 shares ofcommon stock of AIM Blue Chip Fund,a series of AIM Equity Funds, Inc. inexchange for all shares of applicantoutstanding on that date. The aggregatevalue of the AIM Blue Chip Fund sharesso issued was equal to the aggregate netvalue of applicant’s assets transferred inthe transaction. The distribution of theAIM Blue Chip Fund shares to theshareholders of applicant was made inconnection with the sale of substantiallyall of applicant’s assets to AIM BlueChip Fund and the winding up ofapplicant’s affairs as part of thereorganization and subsequentliquidation of applicant.

3. As of May 31, 1996, there wereoutstanding 3,149,349.230 shares ofcommon stock, each of which had a netasset value of $24.33 (for an aggregate of$76,620,712.45).

4. Applicant incurred the followingfees and expenses in connection withthe liquidation: fees to its independentpublic accountants, legal expenses,Form N–8F filing fees, filing fees for itsarticles of dissolution, andmiscellaneous expenses. Suchliquidation fees and expenses amountedto approximately $3,500. All such feesand expenses were paid from the assetsof applicant retained in thereorganization for such purpose.

5. As of the date of the application,applicant had no shareholders, assets, orliabilities, and was not a party to anylitigation or administrative proceeding.Applicant is neither engaged, nor does

it propose to engage, in any businessactivities other than those necessary forthe winding-up of its affairs.

6. On June 28, 1996, applicant filedarticles of dissolution with theWisconsin Secretary of State toterminate its corporate existence.

For the SEC, by the Division of InvestmentManagement, under delegated authority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 96–20829 Filed 8–14–96; 8:45 am]BILLING CODE 8010–01–M

[Release No. 35–26552]

Filings Under the Public Utility HoldingCompany Act of 1935, as amended(‘‘Act’’)

August 9, 1996.Notice is hereby given that the

following filing(s) has/have been madewith the Commission pursuant toprovisions of the Act and rulespromulgated thereunder. All interestedpersons are referred to the application(s)and/or declaration(s) for completestatements of the proposedtransaction(s) summarized below. Theapplication(s) and/or declaration(s) andany amendments thereto is/are availablefor public inspection through theCommission’s Office of PublicReference.

Interested persons wishing tocomment or request a hearing on theapplication(s) and/or declaration(s)should submit their views in writing bySeptember 3, 1996, to the Secretary,Securities and Exchange Commission,Washington, D.C. 20549, and serve acopy on the relevant applicant(s) and/ordeclarant(s) at the address(es) specifiedbelow. Proof of service (by affidavit or,in case of an attorney at law, bycertificate) should be filed with therequest. Any request for hearing shallidentify specifically the issues of fact orlaw that are disputed. A person who sorequests will be notified of any hearing,if ordered, and will receive a copy ofany notice or order issued in the matter.After said date, the application(s) and/or declaration(s), as filed or as amended,may be granted and/or permitted tobecome effective.

Public Service Company of Oklahoma(70–8887)

Public Service Company of Oklahoma(‘‘PSO’’), 212 East 6th Street, Tulsa,Oklahoma 74119, an electric utilitysubsidiary of Central and South WestCorporation (‘‘CSW’’), a registeredholding company, has filed anapplication-declaration under sections6(a), 7, 9(a) and 10 of the Act and rule

54 thereunder. As further describedbelow, PSO requests authority to makeequity investments in companies thatprovide temporary staffing services topublic utility companies and toguarantee an aggregate of $12 million ofobligations of these companies.

Under an agreement dated February21, 1996 (‘‘Agreement’’), PSO advanced$3.7 million to Canton, L.L.C.(‘‘Canton’’), a limited liability companynot affiliated with PSO.1 Canton loanedthe proceeds of the advance to Nuvest,L.L.C. (‘‘Nuvest’’),2 another limitedliability company not affiliated withPSO, which used $2.3 million to acquireall of the outstanding shares of capitalstock of NSS Numanco, Inc. (‘‘NumancoInc.’’), a corporation not affiliated withPSO, and loaned the remaining $1.4million to Numanco L.L.C. (‘‘NumancoLLC’’), a limited liability companyowned 90% by Nuvest and 10% byNumanco Inc.

Numanco Inc. provides temporarystaffing services to public utilitycompanies in the United States, in theareas of maintenance and repair,monitoring, major clean-up anddecontamination, primarily for nuclearelectric generating plants and associatedsubstations. In connection with theabove transactions, Numanco Inc. alsotransferred to Numanco LLC its rightsand obligations under service contractswith customers. All new servicecontracts will be entered into byNumanco LLC, which will succeed toall of the business of Numanco Inc.

PSO now proposes to effect itsinvestment plans. PSO would be repaid$3 million of its advances by Canton,3and the remaining $700,000 of advanceswould be converted into a capitalcontribution in Nuvest.4 Under Nuvest’sgoverning documents, after theproposed capital contribution, PSOwould hold 4.9% of the voting interests


in Nuvest and a 70% interest in itscapital contributions, profits and losses.PSO also proposes to issue grantees inconnection with (i) the obligations ofNuvest under a $3 million loan from athird party and (ii) the obligations ofNumanco Inc. and Numanco LLC undersecured lines or credit established withthird parties, aggregating not more than$9 million.

Entergy Corporation (70–8889)

Entergy Corporation (‘‘Entergy’’), 639Loyola Avenue, New Orleans, Louisiana70113, a registered holding company,has filed an application-declarationunder sections 9(a), 10 and 12(f) of theAct and rules 43 and 54 thereunder.

Entergy Power DevelopmentCorporation (‘‘EPDC’’), a wholly-ownedsubsidiary of Entergy, is an exemptwholesale generator (‘‘EWG’’), asdefined in section 32 of the Act. EntergyRichmond Power Corporation (‘‘ER’’), awholly-owned subsidiary of EPDC,holds a 50% partnership interest inRichmond Power Enterprise, L.P., aDelaware limited partnership(‘‘Richmond Power’’). Richmond Powerowns and operates a 250 MW electricgenerating plant located in Richmond,Virginia (‘‘Facility’’). The remaining50% of Richmond Power is owned byEnron-Richmond Power Corp. (‘‘Enron-Richmond’’), a nonaffiliate.

At present, capacity and energy fromthe Facility are sold at wholesale toVirginia Electric and Power Company(‘‘VEPCO’’) pursuant to a long-termpower purchase agreement (‘‘PPA’’) andthermal energy from the Facility is soldto an industrial customer pursuant to asteam sales agreement (‘‘SSA’’). As ofJune 1, 1996, Entergy’s ‘‘aggregateinvestment’’ in Richmond Power,applying the definition set forth in rule53(a) under the Act, was approximately$12.5 million.

To resolve certain disputes betweenRichmond Power and VEPCO, subject toreceipt of all requisite consents andregulatory approvals, the parties haveagreed that: (1) Richmond Power willsell the Facility to VEPCO for cash, andVEPCO will be solely responsible for theoperation, maintenance andmanagement of the Facility; (2) the PPAwill be amended and Richmond Power’sinterest in the PPA will be assigned toan affiliate of Enron-Richmond, EnronMarketing, Inc. (‘‘Enron Marketing’’); (3)the SSA will be terminated; and (4) asconsideration for the PPA assignment,Enron Marketing will pass through toRichmond Power the bulk of capacity

payments it receives under the amendedPPA, which Richmond Power will useto retire its term debt obligations.Following the above transactions,Richmond Power and ER will no longerqualify as EWGs under section 32 of theAct.

The continued ownership by EPDC ofinterests in ER and Richmond Powerfollowing the loss of their EWG statuscould call into question EPDC’s status asan EWG. As a result, Entergy requestsauthority to acquire from EPDC allissued and outstanding shares of ERand, indirectly, ER’s interest inRichmond Power. Entergy maysubsequently transfer its interests in ERand Richmond Power to a new specialpurpose subsidiary.

Allegheny Generating Company (70–8893)

Allegheny Generating Company(‘‘AGC’’), 10435 Downsville Pike,Hagerstown, MD 21740, an indirectsubsidiary company of Allegheny PowerSystem, Inc. (‘‘Allegheny’’), a registeredholding company, has filed adeclaration under section 12(c) of theAct and rule 46 thereunder.

AGC is a single asset company,owning a 40% undivided interest in a2100-megawatt hydroelectric stationlocated in Bath County, Virginia. AGChas declining capital needs, andcurrently, its retained earnings areinsufficient to pay common stockdividends. As a result thereof, AGCproposes to pay dividends with respectto its common stock, out of capital orunearned surplus through December 31,2001.

Current earnings by AGC continue tobe determined as they have since thegenerating facility commencedoperation in 1985, in accordance with aFederal Energy Regulatory Commission(‘‘FERC’’) approved cost of serviceformula. Available cash flow fromoperations is applied first to theminimal capital expenditurerequirements for its existing single asset,and next to the pay down of debt andto the payment of dividends in aproportion that maintains debt at about55% and equity at about 45% of capital.

The current and proposed dividendpayment policy is unchanged from thatwhich has been followed sinceoperations commenced in 1985. Prior to1985, no dividends were paid, butretained earnings accrued as a result ofrecording allowance for funds usedduring construction in accordance withthe FERC uniform system of accounts.

From 1985–1996, dividends were paidout of current earnings and the accruedretained earnings.

For the Commission, by the Division ofInvestment Management, pursuant todelegated authority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 96–20831 Filed 8–14–96; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–37540; File No. SR–CBOE–96–29]

Self-Regulatory Organizations; Noticeof Filing of Proposed Rule Change byChicago Board Options Exchange,Incorporated Relating to the Exerciseof American-style Index Options

August 8, 1996.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934, 15U.S.C. 78s(b)(1), notice is hereby giventhat on April 26, 1996, the ChicagoBoard Options Exchange, Incorporated(‘‘CBOE’’ or ‘‘Exchange’’) filed with theSecurities and Exchange Commission(‘‘Commission’’) the proposed rulechange as described in Items I, II, andIII below, which Items have beenprepared by the CBOE. The Commissionis publishing this notice to solicitcomments on the proposed rule changefrom interested persons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The Exchange proposes to adopt newCBOE Rule 24.18 which prohibits theexercise of an American-style indexoption series after the holder hasentered into an offsetting closing sale(writing) transaction. The text of theproposed rule change is available at theOffice of the Secretary, CBOE and at theCommission.

II. Self-Regulatory Organization’sStatement of the Purpose of andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission,CBOE included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The CBOE hasprepared summaries, set forth insections A, B, and C below, of the mostsignificant aspects of such statements.


1 See Securities Exchange Act Release No. 36797(January 31, 1996), 61 FR 4691 (February 7, 1996)(File No. SR–CBOE–96–03).

2 See Letter from Michael L. Meyer, Attorney,Schiff Hardin & Waite, to John Ayanian, Attorney,Office of Market Supervision (‘‘OMS’’), Division ofMarket Regulation, (‘‘Market Regulation’’),Commission, dated June 17, 1996.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

As noted in CBOE’s RegulatoryCircular RG 96–11,1 the rules andprocedures of The Options ClearingCorporation (‘‘OCC’’) permit a holder ofan American-style option to exercisethat option at any time up to theexercise cut-off time on any day, otherthan the final trading day, even if theholder had entered into an offsettingclosing sale transaction earlier that day.This result stems from the fact that onsuch days OCC processes openingpurchase transactions and exercisesbefore it processes closing salestransactions, so that option purchasersremain holders of their options onOCC’s books for the purpose of exercisewithout regard to their closing sales thatday.

The Exchange is concerned that thisresult may be confusing to investors—because it may give the appearance thatinvestors are able to exercise the sameoptions which they have previouslysold—and lead to a perception that thisresult is unfair to writers of American-style index options that are in themoney by subjecting them to apotentially increased ‘‘timing risk’’ ofthe type described under ‘‘Special Risksof Index Options’’ on pages 73–74 of therisk disclosure document entitled‘‘Characteristics and Risks ofStandardized Options’’ (February 1994).

Additionally, the Exchange believesthat the average retail customer mightnot understand how investors couldexercise options which they believedthey no longer owned. The Exchangerepresents that, during the period fromNovember 1993, through December1995, almost all of the gross exercises incustomers’ accounts were effected atone clearing firm on behalf of a singlecustomer that is a foreign professionaltrading account. The Exchange believesthat retail customers might view thegross exercise ability as givingprofessional traders an unfair advantageover retail customers and that suchperception could lead to the diminishedpopularity of OEX options for retailcustomers.2

To eliminate this possible perceptionof unfairness, the proposed rule wouldprohibit CBOE members from effectingan exercise of an American-style index

option series, whether on the member’sown behalf or on behalf of a customer,if the member knew or had reason toknow that the exercise was for moreoption contracts than the ‘‘net longposition’’ of the account for which theexercise is to be made. For this purpose,the ‘‘net long position’’ in an account isthe net position of the account inoptions of a given series at the openingof business of the day of exercise, plusthe total number of such optionspurchased on that day in openingpurchase transactions up to the time ofexercise, less the total number of suchoptions sold on that day in closing saletransactions up to the time of exercise.OEX options are the only American-style index options now traded onCBOE, and thus are the only optionsthat would currently be affected by theproposed rule.

In order to prevent persons fromcircumventing the proposed rule bydesignating a sale as ‘‘opening’’ so as tomaintain a net long position capable ofbeing exercised, and the redesignatingthe sale as ‘‘closing’’ by means of anadjustment later in the day if in fact thelong position has not been exercised,the rule would prohibit a member fromadjusting the designation of an openingtransaction to a closing transactionexcept to remedy mistakes or errorsmade in good faith.

A market maker’s transactions are notrequired to be marked as opening orclosing. Rather, a market maker’spurchase and sales transactions arenetted by OCC every day after exercisesare processed. As a result, it isimpossible to tell whether a particulartransaction by a market maker isintended as an opening or closingtransaction. Under OCC’s processingprocedures, unmarked market makers’transactions are in effect treated asopening transactions prior to theprocessing of exercises and as closingtransactions thereafter. For the purposeof applying the prohibition of theproposed rule, every market makertransaction would be treated as a closingtransaction to the extent the marketmaker has pre-existing positions(including positions resulting fromtransactions effected earlier that day)which could be netted against thetransaction. For example, if a marketmaker is long 10 option contracts of aseries and sells 15 contracts of thatseries, the sale will be deemed, underthe proposed rule, to be a closing saletransaction for 10 contracts and anopening sale transaction for 5 contracts,resulting in a net short position of 5contracts. If the market maker thenpurchases 20 contracts, the purchasewill be deemed a closing purchase for

5 contracts and an opening purchase for15 contracts, resulting in a net longposition of 15 contracts. Under theproposed rule, the market maker wouldbe permitted to exercise only those 15contracts. In the absence of theproposed rule, the market maker wouldhave been able to exercise 30 contracts,representing his gross long position,before netting against this position the15 contracts sold.

The Exchange notes that the proposedrule is not intended to affect OCC’sprocessing rules and procedures. If amember submitted an exercise notice toOCC in violation of the proposed CBOErule, the exercise would be processed byOCC in accordance with its procedures.In that case, the proposed CBOE rulewould be enforced solely through theExchange’s disciplinary procedures.

The Exchange emphasizes that theproposed rule has been adopted toeliminate the perception that a holder’sability to exercise options that had beenthe subject of closing transactions mightcreate enhanced risk to writers of OEXoptions. However, it is not clear that thewriters of in-the-money OEX optionswill, in fact, be subject to less risk as theresult of the proposed rule. Such writersshould continue to anticipate that theycould be assigned an exercise of theiroptions positions, especially asexpiration approaches. (For example,the proposed rule would not prohibitthe exercise of an OEX option held ina net long position before—evenseconds before—an opening salestransaction in that option has beeneffected.) It is possible that the earlyexercise of OEX options will continue atthe same level after the proposed rulebecomes effective as before.

Upon the effectiveness of theproposed rule, the Exchange wouldmodify Regulatory Circular RG 96–11 todescribe the proposed rule. Threeexamples were given in the RegulatoryCircular as originally published onJanuary 17, 1996. These three exampleswould be modified to read as follows(italicized language is proposed to beadded; language in brackets is proposedto be deleted):

Example 1: Investor X is long 15 calloption contracts of a series at the opening ofa trading day other than the final trading day.During that day, X purchases 20 contracts ofthat series in opening purchase transactionsand sells 10 contracts in closing saletransactions. X will be able under OCC’srules to exercise 35 contracts of that seriesthat day. However, in the case of American-style index options only (i.e., OEX options),CBOE Rule 24.18 would prohibit a memberwho know or has reason to know of theclosing sale transactions from exercising onX’s behalf more than the net long position of


3 17 CFR 200.30–3(a)(12).1 15 U.S.C. 78(b)(1) (1988).

2 Letter from Julie Beyers, Associate Counsel,NSCC, to Jerry Carpenter, Associate Director,Division of Market Regulation, Commission (May 8,1996).

3 Securities Exchange Act Release No. 37341(June 20, 1996), 61 FR 33159.

4 FUND/SERV is an NSCC service that permitsNSCC members to process and to settle on anautomated basis mutual fund purchase andredemption orders and to transmit registrationinstructions.

5 For example, transactions involving shares oftraditional load mutual funds normally settle on athree business day settlement cycle whereastransactions for shares of the same fund involving401K accounts normally settle on a next daysettlement cycle.

25 contracts at any time at or after theclosing sale of 10 contracts.

Example 2: Investor Y is short 20 calloption contracts of a series at the opening ofsuch a trading day. During the day, Zpurchases 20 contracts of that series inopening purchase transactions. Y will be ableto exercise 20 contracts of that series thatday, and will remain short the 20 contracts.However, in the case of OEX optioncontracts, if Y’s transactions had beeneffected in a market-marker’s account, thepurchase would have been deemed to havebeen a closing transaction for the purposesof CBOE Rule 24.18 and would have beenoffset by Y’s short position, resulting in nonet long position to exercise.

Example 3: Market-maker Z is short 100call options contracts at the opening of thattrading day. During the day, X purchases 100contracts and sells 100 contracts of thatseries, and Z does not mark the transactionsas opening or closing]. Z will be able toexercise 100 contracts of that series that dayunder OCC’s rules. However, in the case ofOEX option contracts, CBOE Rule 24.18would prohibit Z from exercising anycontracts without regard to the saletransactions, since the purchase transactionswould be deemed to be closing transactions,and would be netted against his beginningshort position, resulting in no net longposition to exercise.

The Exchange believes that theproposed rule change is consistent with,and furthers the objectives of, Section6(b)(5) of the Securities Exchange Act of1934 in that, by eliminating a possiblesource of confusion to investorsconcerning the terms applicable to theexercise of American-style indexoptions, it will promote just andequitable principles of trade andcontribute to the protection of investorsand the public interest.

B. Self-Regulatory Organization’sStatement on Burden on Competition

CBOE does not believe that theproposed rule change will impose anyburden on competition.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received fromMembers, Participants or Others

No written comments were solicitedor received with respect to the proposedrule change.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

Within 35 days of the date ofpublication of this notice in the FederalRegister or within such longer period (i)as the Commission may designate up to90 days of such date if it finds suchlonger period to be appropriate andpublishes its reasons for so finding or(ii) as to which the self-regulatory

organization consents, the Commissionwill:

(A) By order approve such proposedrule change, or

(B) Institute proceedings to determinewhether the proposed rule changeshould be disapproved.

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 inthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of CBOE. All submissions shouldrefer to File No. SR–CBOE–96–29 andshould be submitted by September 5,1996.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.3

Margaret H. McFarland,Deputy Secretary.[FR Doc. 96–20788 Filed 8–14–96; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–37539; File No. SR–NSCC–96–10]

Self-Regulatory Organizations;National Securities ClearingCorporation; Order Approving aProposed Rule Change to PermitEstablishment of AlternativeSettlement Cycles for Mutual FundTransactions Through the Fund/SERVSystem

August 8, 1996.On April 4, 1996, National Securities

Clearing Corporation filed with theSecurities and Exchange Commission(‘‘Commission’’) a proposed rule change(File No. SR–NSCC–96–10) underSection 19(b)(1) of the SecuritiesExchange Act of 1934 (‘‘Act’’).1 On May

8, 1996, NSCC filed an amendment tothe proposed rule change.2 Notice of theproposal was published in the FederalRegister on June 26, 1996.3 No commentletters were received. For the reasonsdiscussed below, the Commission isapproving the proposed rule change.

I. Description

The proposed rule change enablesNSCC members using NSCC’s Fund/SERV system to select settlement cyclesfor mutual fund transactions.4 TheFund/SERV system automaticallyestablishes a settlement cycle andassigns a settlement date to a mutualfund transaction based on thetransaction type.5 The proposed rulechange permits mutual fundtransactions to settle on an expanded orshortened settlement cycle uponagreement of the submitting parties. Thedate established by the submittingparties for a transaction will be the dateused for all processing related to thatparticular transaction and could be asshort as the same day or as long as sevenbusiness days.

When a member submits a mutualfund order and desires to establish asettlement cycle other than thatestablished by the Fund/SERV system,the member will include in the orderdata the date on which the transactionis to settle and a reason code formodifying the settlement cycle. Thecontraparty has the opportunity toaccept or reject the transaction. Thetransaction also will be rejected byNSCC if the specified settlement cycle islonger than seven business days. Oncethe mutual fund transaction is accepted,NSCC will process the transaction inaccordance with the specifiedsettlement cycle.

II. Discussion

Section 17A(b)(3)(F) of the Actrequires that the rules of a clearingagency, such as NSCC, be designed topromote the prompt and accurateclearance and settlement of securities


6 15 U.S.C. 78q–1(b)(3)(F).

7 15 U.S.C. 78s(b)(2).8 17 CFR 200.30–3(a)(12) (1995).1 15 U.S.C. 78s(b)(1) (1988).2 17 CFR 240.19b–4.

3 See Securities Exchange Act Release No. 37186(May 9, 1996), 61 FR 24521.

4 Amendment No. 1 effects three changes to theExchange’s proposal. First, the proposedamendment to PSE Rule 6.40(b)(2) is modified sothat a reference to ‘‘options series’’ is replaced byone to ‘‘trading crowd.’’ Second, a new Rule 6.40,Commentary .01 is introduced to retain what isessentially current Commentary .04. Third, thenumbering of the Minor Rule Plan addition ischanged from ‘‘28’’ to ‘‘29’’ because Item 28 alreadywas used in another filing. Letter from Michael D.Pierson, Senior Attorney, Regulatory Policy, PSE, toFrancois Mazur, Attorney, Office of MarketSupervision, Division of Market Regulation,Commission, dated June 26, 1996 (‘‘AmendmentNo. 1’’).

5 Amendment No. 2 effects several changes to theExchange’s proposal. First, the Exchange is addingthe phrase ‘‘so represented or executed’’ to the thirdline of subsection (b)(2) to Rule 6.40, and also ismaking some other technical changes to the text ofthat subsection. Second, the first line of subsection(b)(4), relating to exemptions, which introducessubsections (A) and (B), has been modified toaddress exemptions generally. Third, proposed6.40(b)(4)(A) has been modified to reflect that long-term exemptions will be reviewed at least annually.Fourth, the title of Rule 6.40 has been changed to‘‘Financial Arrangements of Options FloorMembers.’’ Fifth, the Exchange notes that decisionsto grant or revoke an exemption will be reflectedin the Options Floor Trading Committee’s (‘‘OFTC’’or ‘‘Committee’’) minutes, and members whoseexemptions are granted or revoked will be sonotified in writing. Finally, the reference to‘‘specialists’’ in 6.40(c) has been deleted.Amendment No. 2 also describes the manner inwhich previously-granted long-term exemptionswill be reviewed. Letter from Michael D. Pierson,Senior Attorney, Regulatory Policy, PSE, toFrancois Mazur, Attorney, Division of MarketRegulation, Commission, dated July 24, 1996(‘‘Amendment No. 2’’).

6 Under PSE Rule 6.40, Commentary .05, two ormore Lead Market Makers (‘‘LMMs’’) who aretrading on behalf of the same member organization

may not trade in the same option series at the sametime, but may trade in the same trading crowd atthe same time.

transactions.6 The proposal gives toparticipants the flexibility to establishalternative settlement cycles whenagreed to by the parties. Without suchan alternative, parties to a transactionwith a nonstandard settlement cyclewould either need to submit the trade toFUND/SERV at a later date (to get anextended settlement cycle) or to settlethe trade outside of Fund/SERV. Theproposal should allow mutual fundtransactions to settle more efficientlyand may encourage the settlement ofmore transactions through theautomated Fund/SERV system. Thus,the proposal promotes the prompt andaccurate clearance and settlement ofmutual fund transactions.

III. ConclusionOn the basis of the foregoing, the

Commission finds that the proposedrule change is consistent with therequirements of the Act and inparticular with the requirements ofSection 17A of the Act and the rules andregulations thereunder.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,7 that theproposed rule change (File No. SR–NSCC–96–10) be and hereby isapproved.

For the Commission by the Division ofMarket Regulation, pursuant to delegatedauthority.8


[Release No. 34–37543; File No. SR–PSE–96–12]

Self-Regulatory Organizations; PacificStock Exchange, Inc.; Order Approvingand Notice of Filing and OrderGranting Accelerated Approval ofAmendments to Proposed RuleChange Relating to FinancialArrangements of Market Makers

August 8, 1996.

I. IntroductionOn April 5, 1996, the Pacific Stock

Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’)submitted to the Securities andExchange Commission (‘‘Commission’’),pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 aproposal to amend its rules on thetrading restrictions that apply to options

floor members with ‘‘financialarrangements’’ as defined in PSE Rule6.40. The proposed rule change waspublished for comment in the FederalRegister on May 15, 1996.3 TheExchange filed Amendment Nos. 1 4 and2 5 to its proposal on June 27, 1996, andJuly 25, 1996, respectively. Nocomments were received on theproposed rule change. This orderapproves the Exchange’s proposal.

II. Description of the ProposalPSE Rule 6.40(a) currently provides

that two members have a ‘‘financialarrangement’’ with each other forpurposes of Rule 6.40 if: (1) Onemember directly finances the othermember’s dealings on the Exchange andhas a beneficial interest in the othermember’s trading account such that thefirst member is entitled to at least 10%of the second member’s trading profits;or (2) both members are trading for thesame joint account. Rule 6.40(b)provides that two members with afinancial arrangement may not bid, offerand/or trade in the same trading crowdwithout a written exemption from twofloor officials.6 Current Commentary .06

sets forth the circumstances underwhich the OFTC ordinarily may grantan exemption to those tradingrestrictions, i.e., to provide liquidity inthe trading crowd.

The Exchange proposes to redefinethe term ‘‘financial arrangement’’ forpurposes of Rule 6.40, so that twomembers have a financial arrangementwith each other if: (1) One memberdirectly finances the other member’sdealings on the Exchange, the amountfinanced is $5,000 or more, and themember providing the financing isentitled to a share of the other member’strading profits; or (2) both members areregistered with the Exchange asnominees of the same memberOrganization; or (3) both members areregistered with the Exchange to trade onbehalf of the same joint account; or (4)both member’s dealings on theExchange are financed by the samesource, the amount financed is $5,000 ormore, and the member providing thefinancing is entitled to a share of eachof the other member’s trading profits.The proposal states that members with‘‘financial arrangements,’’ as defined,may not bid, offer and/or trade in thesame trading crowd at the same time inthe absence of an exemption from theOFTC.

The proposal further provides for bothlong-term and short-term exemptionsthat can be provided by the OFTC ortwo Floor Officials, respectively.Proposed Rule 6.40(b)(4) states, morespecifically, that the OFTC may grantlong-term exemptions to members on acase-by-case basis if it determines that afair and orderly market would not beimpaired by allowing such memberswith financial arrangements to trade inthe same trading crowd at the sametime. In making such determinations,the OFTC shall consider the followingfactors: (1) The nature of the financialarrangement; (2) the degree ofindependence to be maintained by theapplicants in making trading decisions;(3) the impact on competition in thetrading crowd if an exemption weregranted; (4) the applicant’s priorpatterns of trading if they have tradedpreviously in the same trading crowd atthe same time; and (5) any otherinformation relevant to whether theapplicants would tend collectively todominate the market in a particulartrading crowd or a particular optionseries. The proposal further states thatthe Committee may revoke any long-term exemption granted pursuant to thissubsection if it determines that a fair


7 Amendment No. 2, supra note 5.8 Amendment No. 2, supra note 5. For example,

if the Committee grants a long-term exemption totwo market makers, and the Exchange later isnotified pursuant to Rule 4.18 that the nature ofthose market makers’ financial arrangement withrespect to each other has changed, the Exchangestaff will request that the OFTC determine whetherto revoke the exemption. Another situation wouldbe one where two market makers with a financialarrangement and a long-term exemption changetheir patterns of trading in the same crowd, so thatthey would be jointly dominating the market in aparticular option issue or series. The Exchangecould detect this either by complaints frommembers of the trading crowd or by routinesurveillance. Again, in this instance, Exchange staffwould submit this to the OFTC for review. Id.

9 See PSE Rule 6.35, Commentary .05.10 Amendment No. 1, supra note 4.11 PSE Rule 10.13.12 Securities Exchange Act Release No. 32775

(August 20, 1993), 58 FR 45368.

13 In this regard, the Exchange notes that theCommission recently approved a PSE rule changeto increase from two to six the maximum numberof trading posts that may be included within amarket maker’s primary appointment zone. SeeExchange Act Release No. 36370 (October 13, 1995),60 FR 54273.

14 Rule 19D–1(c)(2) under the Act, 17 CFR240.19d–1(c)(2), authorizes national securitiesexchanges to adopt minor rule violation plans forthe summary discipline and abbreviated reportingof minor rule violations by exchange members andmember organizations. The Exchange’s Minor RulePlan initially was approved by the Commission in1985. Securities Exchange Act Release No. 22654(November 21, 1985), 50 FR 48853.

and orderly market otherwise would beimpaired by a continuation of theexemption. A decision to grant a long-term exemption will be reflected in theOFTC’s minutes. Under the proposal,the Committee will review all long-termexemptions at least annually.7 Inaddition, with respect to previously-granted long-term exemptions, theOFTC will reserve its right to revoke along-term exemption if it finds that thecircumstances on which an exemptionwas based have changed.8 The OFTC’sdecision would be reflected in the OFTCminutes and the members whoseexemption has been revoked will be sonotified in writing.

With respect to short-termexemptions, the proposal states that twoFloor Officials may grant short-termexemptions to members on a case-by-case basis if such Floor Officialsdetermine that a fair and orderly marketwould not be impaired and that theneed for liquidity in the trading crowdwarrants such action.

The proposed definition of ‘‘financialarrangement’’ would expand the typesof arrangements to which that termapplies. Specifically, the current ruleallows two or more members who arebacked financially by the same source(i.e., members with ‘‘indirect’’ financialarrangements), to trade in the samecrowd or same series as long as they arenot receiving trading profits from eachother and are not trading for the samejoint account. This may allow situationsthat violate the spirit, but not the letter,of Rule 6.40. Although currentCommentary .04 to Rule 6.40 seeks toaddress such arrangements by expresslyprohibiting unfair domination ofmarkets, the Exchange proposes toremove this provision in light of theexpanded definition of ‘‘financialarrangement’’ it proposes.

The Exchange also proposes toremove a provision in the current rulethat states that the primary appointmentof a market maker may not includetrading posts that constitute the primaryappointment of any market maker with

whom the first market maker has anexisting financial arrangement.9

The exchange proposes to revise oneof the trading restrictions imposed byRule 6.40 by replacing a reference to‘‘option series’’ with one to ‘‘tradingcrowd.’’ The effect of this change is toprevent a market maker from bidding,offering, or trading in the same tradingcrowd in which a floor broker holds anorder on behalf of a market maker withwhom he has an existing financialarrangement. In addition, orders ofmarket makers having existing financialarrangements may not be representedconcurrently, by one or more floorbrokers, in a particular trading crowd.10

Finally, the PSE proposes to addviolations of Rule 6.40(b) to theExchange’s Minor Rule Plan 11 withrecommended fines of $500, $1,000 and$1,500 for first-, second- and third-timeviolations, respectively.

III. DiscussionThe Commission finds that the

proposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, withSection 6(b)(5) of the Act, in that theproposal is designed to protect investorsand the public interest. Specifically, theCommission finds, as it did in originallyapproving Rule 6.40,12 that fulldisclosure of financial arrangementsamong PSE market makers, members,and member organizations pursuant toRule 4.18 (‘‘Disclosure of FinancialArrangements of Market Makers’’) helpsthe Exchange better to identify and deterpotential trading abuses amongaffiliated PSE members and memberorganizations. In addition, with suchdisclosure, the Exchange’s ability tomonitor the financial condition of itsmembers and member organizations isenhanced. The Commission believesthat the proposed amendments to Rule6.40 do not detract from these benefitsin any material manner, and thus areconsistent with the Act.

The Commission believes that it isappropriate for the Exchange to amendthe definition of ‘‘financialarrangement’’ to focus on the nature ofthe financial interest that a member mayhave in a market maker’s tradingaccount. The Commission believes thatthe amended definition will help theExchange achieve a balance whereby itcan still restrict the types of activity for

which the rule was intended, withoutunnecessarily removing liquidity fromits trading crowds. The Commissionnotes that the Exchange will continue togrant short-term exemptions to memberson a case-by-case basis if two floorofficials determine that the need forliquidity in the trading crowd warrantssuch action. In addition, the Exchange’sproposal provides for long-termexemptions if the OFTC determines thata fair and orderly market would not beimpaired by allowing such memberswith financial arrangements to trade inthe same trading crowd at the sametime. The Commission believes that theavailability of long-term exemptions,together with the factors to beconsidered by the OFTC in determiningthat a fair and orderly market would notbe impaired by such an exemption,should address situations where itwould be unnecessary to restrictmembers with a financial arrangement.

The Commission believes that theExchange’s proposal to remove theprovision prohibiting the primaryappointments of market makers withfinancial arrangements with each otherfrom overlapping (current Commentary.02 to Rule 6.40) is consistent with theAct. The Commission agrees with theExchange that that provision issuperfluous in light of the tradingrestrictions set forth in Rule 6.40. Inaddition, as noted by the Exchange,permitting members trading for jointaccounts to establish overlappingprimary appointment zones shouldallow for coverage on the floor whenmembers who trade for those accountsare temporarily absent from the floor.13

The Commission believes that thePSE’s proposal to add violations of Rule6.40(b) to the Exchange’s Minor RulePlan is consistent with the Act. TheCommission agrees with the Exchangethat violations of Rule 6.40(b) are easilyascertainable and easily verifiable, and,therefore, are appropriate for inclusionin the Minor Rule Plan.14

The Commission finds good cause forapproving Amendment Nos. 1 and 2 tothe proposed rule change prior to thethirtieth day after the date of


15 Securities Exchange Act Release No. 37186,supra note 3.

16 15 U.S.C. 78s(b)(2) (1988).17 17 CFR 200.30–3(a)(12).

1 The ICC Termination Act of 1995, Pub. L. No.104–88, 109 Stat. 803 (ICCTA), which was enactedon December 29, 1995, and took effect on January1, 1996, abolished the Interstate CommerceCommission (ICC) and transferred certain functionsto the Surface Transportation Board (Board). Thisnotice relates to functions that are subject to Boardjurisdiction pursuant to 49 U.S.C. 11323.

2 NW seeks an exemption both to acquire and tooperate, and the petition is styled accordingly.While an exemption from the requirements of 49U.S.C. 11323–25 for NW’s acquisition and operationis consistent with the standards of 49 U.S.C. 10502,we note that NW requires neither separate authoritynor an exemption to operate the line beingacquired. When a rail carrier petitioned for anexemption to acquire or lease a rail line fromanother rail carrier under former 49 U.S.C. 11343of the Interstate Commerce Act, the ICC normallyalso exempted the operation of the line, ifrequested, but the exemption to operate was notnecessary. The status of the purchaser or lessor, asa carrier, coupled with the purchase agreement orlease, constituted sufficient authority to conductoperations. Similarly, authority or an exemption fora carrier to acquire or lease a line under 49 U.S.C.11323–25 of the ICCTA provides the necessaryauthority to conduct operations.

3 Conrail filed a notice of exemption to abandonthe portion of the Pekin Secondary Track betweenmilepost 4.00 and milepost 28.50 in ConsolidatedRail Corporation—Abandonment Exemption—inVermilion and Champaign Counties, IL, STB DocketNo. AB–167 (Sub-No. 1161X) (STB served June 28,1996). The abandonment exemption is contingentupon the issuance of an exemption in thisproceeding and upon NW’s acquisition of the linepursuant to that exemption.

On July 8, 1996, Grand Prairie Co-op, Inc. (GrandPrairie), filed a notice of intent to file an offer offinancial assistance (OFA) under 49 CFR1152.27(c)(2) for a portion of the line involved inSTB Docket No. AB–167 (Sub-No. 1161X). Also onJuly 8, 1996, the Illinois Legislative Director for theUnited Transportation Union (UTU) filed a petitionfor stay of the abandonment exemption. On July 17,1996, Conrail replied to UTU’s stay request. On July18, 1996, UTU filed a petition to reject or to revokethe notice of exemption, which UTU states is asupplement to its July 8 petition to stay. On July23, 1996, Grand Prairie filed a petition requestingthe Board to toll the 30-day period for filing its OFAor, in the alternative, to deny the exemption in STBFinance Docket No. 32957. On July 26, 1996,Conrail replied to UTU’s petition to reject or revoke.By decision served August 2, 1996, the time forfiling OFAs was extended to August 12, 1996, andthe effectiveness of the exemption in STB DocketNo. AB–167 (Sub-No. 1161X) was extended toAugust 22, 1996.

4 These trackage rights were acquired by Conrailfrom NW in Consolidated Rail Corporation—Trackage Rights Exemption—Between Bloomingtonand Peoria, IL, Finance Docket No. 30311 (ICCserved Dec. 12, 1983), to allow abandonment ofConrail’s parallel line, which served no localcustomers and was in need of rehabilitation. Uponconveyance of these trackage rights to NW, theowner of the line, the trackage rights will effectivelymerge with NW’s ownership and cease to exist asseparate rights.

5 By letter to the Board dated July 12, 1996,petitioner corrected an error in the milepostdescription of the trackage rights. The originalnotice in Finance Docket No. 30311 and the petitionfor exemption in this proceeding stated that thetrackage rights were over 38.18 miles of track,instead of the actual mileage between the mileposts,which is 37.18 miles.

publication of notice thereof in theFederal Register. Amendment Nos. 1and 2 consist of clarifying changes thatserve to strengthen the Exchange’sproposal, but do not materially alter theterms of the proposal as originallydescribed when published forcomment.15 Accordingly, theCommission believes there is goodcause, consistent with Sections 6(b)(5)and 19(b)(2) of that Act, to approveAmendment Nos. 1 and 2 to theproposal on an accelerated basis.

IV. Solicitation of Comments

Interested persons are invited tosubmit written data, views, andarguments concerning Amendment Nos.1 and 2. Persons making writtensubmissions should file six copiesthereof with the Secretary, Securitiesand Exchange Commission, 450 FifthStreet, N.W., Washington, D.C. 20549.Copies of the submission, 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 inthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the CBOE. All submissionsshould refer to File No. SR–PSE–96–12and should be submitted by September5, 1996.

V. Conclusion

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,16 that theproposed rule change (SR–PSE–96–12),as amended, is approved.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.17



Surface Transportation Board 1

[STB Finance Docket No. 32957]

Norfolk and Western RailwayCompany—Acquisition Exemption—Consolidated Rail Corporation

AGENCY: Surface Transportation Board,DOT.ACTION: Notice of exemption.

SUMMARY: The Board exempts, under 49U.S.C. 10502, from the prior approvalrequirements of 49 U.S.C. 11323–25, theacquisition 2 by Norfolk and WesternRailway Company (NW) of a portion ofConsolidated Rail Corporation’s(Conrail) Pekin Secondary Track,3

between milepost 28.5, at Urbana, andmilepost 78.3, at Bloomington, inChampaign, Dewitt, and McLeanCounties, IL, totaling 49.8 miles, subjectto standard employee protectiveconditions. The exemption includes theacquisition, through assignment fromConrail, of trackage rights 4 between NWmilepost 373.54, at Bloomington, andNW milepost 410.72, at Peoria, IL,totaling 37.18 miles.5

DATES: This exemption is effective onAugust 30, 1996. Petitions to reopenmust be filed by September 9, 1996.

ADDRESSES: Send pleadings referring toSTB Finance Docket No. 32957 to: (1)Surface Transportation Board, Office ofthe Secretary, Case Control Branch,1201 Constitution Avenue, NW.,Washington, DC 20423; (2) John J.Paylor, Two Commerce Square-16A,2001 Market Street, Philadelphia, PA19101–1416; and (3) Robert J. Cooney,Three Commercial Place, Norfolk, VA23510–2191.

FOR FURTHER INFORMATION CONTACT:Beryl Gordon, (202) 927–5660. [TDD forthe hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION:Additional information is contained inthe Board’s decision. To purchase acopy of the full decision, write to, call,or pick up in person from: DC News &Data, Inc., Room 2229, 1201Constitution Avenue, NW., Washington,DC 20423. Telephone: (202) 289–4357/4359. [Assistance for the hearingimpaired is available through TDDservices (202) 927–5721.]

Decided: August 9, 1996.By the Board, Chairman Morgan, Vice

Chairman Simmons, and CommissionerOwen.Vernon A. Williams,Secretary.[FR Doc. 96–20844 Filed 8–14–96; 8:45 am]BILLING CODE 4915–00–P


UNITED STATES INSTITUTE OFPEACE

Announcement of Senior FellowshipCompetition

AGENCY: United States Institute of Peace.ACTION: Notice.

SUMMARY: The agency is solicitingapplications for Senior Fellowshipsfrom scholars or practitioners whoconduct research related to the peacefulresolution of international conflict.Fellowship entails residence at agencyin Washington, DC, for up to one yearbeginning September 1, 1997.DATES: Application material availableupon request. Receipt date for return ofapplications: October 1, 1996;notification of awards: April, 1997.ADDRESSES: For application materials:United States Institute of Peace,Jennings Randolph Program, 1550 MStreet NW., Suite 700, Washington, DC20005–1708, (202) 429–6063 (fax), (202)457–1719 (TTY), jrprogram@usip. org(email).FOR FURTHER INFORMATION CONTACT:Jennings Randolph Program, Phone(202) 429–3886.

Dated: June 27, 1996.Bernice J. Carney,Director, Office of Administration.[FR Doc. 96–20809 Filed 8–14–96; 8:45 am]BILLING CODE 3155–01–M

This section of the FEDERAL REGISTERcontains editorial corrections of previouslypublished Presidential, Rule, Proposed Rule,and Notice documents. These corrections areprepared by the Office of the FederalRegister. Agency prepared corrections areissued as signed documents and appear inthe appropriate document categorieselsewhere in the issue.

Corrections Federal Register

42462

Vol. 61, No. 159



Rural Utilities Service

7 CFR Part 1703

RIN 0572-AB22

Distance Learning and TelemedicineGrant Program; Correction

Correction

In rule document 96–18402 beginningon page 37813 in the issue of July 22,1996, make the following correction:

On page 37814, in the first column, inamendatory instruction 1., in the secondline, after ‘‘remove’’ insert ‘‘the note’’.

BILLING CODE 1505–01–D

GENERAL SERVICESADMINISTRATION

48 CFR Part 552

[ADP 2800.12A, CHGE 72]

RIN 3090-AF97

General Services AdministrationAcquisition Regulation;Implementation of FAC 90-39 andMiscellaneous Changes

Correction

In rule document 96–18987 beginningon page 39088 in the issue of Friday,July 26, 1996, make the followingcorrection:

552.219-74 [Corrected]

On page 39089, in the first column, insection 552.219-74, in Alternate I (DEC1995), in the second line, ‘‘519.703(c)’’should read ‘‘519.708(c).BILLING CODE 1505–01–D


Coast Guard

33 CFR Part 154

[CGD 93-056]

RIN 2115-AE59

Facilities Transferring Oil orHazardous Materials in Bulk

Correction

In rule document 96–20020 beginningon page 41452 in the issue of Thursday,

August 8, 1996 make the followingcorrections:

§154.106 [Corrected]

On page 41458, in §154.106(b), in thethird column, in the seventh line‘‘(MFPA)’’ should read ‘‘(NFPA)’’.

§154.560 [Corrected]

On page 41460, in §154.560 (e), in the2d column, in the 16th line ‘‘Subpart D--Facility Operations.’’ should beremoved from the text and made aheading.BILLING CODE 1505–01–D

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco andFirearms


[Notice No. 385; Re: Notice Numbers 752,754, 761 and 764]RIN 1512–AA98 and 1512–AB03

Exportation of Alcoholic Beverages,Denatured Alcohol, Tobacco Productsand Cigarette Papers and Tubes (95R–046P)

Correction

In the issue of Friday, August 9, 1996,document number 96–20327, appearingon pages 41500 through 41505, wasinadvertently published in the Rulesand Regulations section of the FederalRegister. This document should haveappeared in the Proposed Rules section.BILLING CODE 1505–01–D

fede

ral r

egiste

r

42463

ThursdayAugust 15, 1996

Part II

Postal ServiceChanges in Domestic Mail Rates andClassification; Notice


POSTAL SERVICE

Changes in Domestic Mail Rates andClassifications

AGENCY: Postal Service.ACTION: Notice of implementation ofchanges in certain domestic mail ratesand classification schedules.

SUMMARY: This notice sets forth thechanges in rates and classificationsregarding preferred rate mail to beimplemented as a result of the decisionof the Governors of the Postal Service onphase two of classification reform, andthe changes in preferred rates to beimplemented as a result of moving tothe next step of phasing.EFFECTIVE DATE: October 6, 1996.FOR FURTHER INFORMATION CONTACT: EricKoetting, (202) 268–2992.SUPPLEMENTARY INFORMATION: On April4, 1996, pursuant to its authority under39 U.S.C. 3621 et seq., the Postal Servicefiled with the Postal Rate Commission(PRC) a request for a recommendeddecision on a number of mailclassification reform proposalsregarding certain types of preferred ratemail (‘‘Classification Reform II(Nonprofit Mail)’’, PRC Docket No.MC96–2. The PRC published a notice inthe Federal Register on April 11, 1996(61 FR 16129–16146) describing thePostal Service’s request and offeringinterested parties an opportunity tointervene.

On July 19, 1996, the PRC issued anOpinion and Recommended Decision inDocket No. MC96–2. The PRC’srecommendations very closely trackedthe Postal Service’s proposals, with theexception that the Commission deferredaction on the minor changes proposedregarding the Classroom subclass ofPeriodicals mail. On August 5, 1996, theGovernors of the Postal Service,pursuant to their authority under 39U.S.C. 3625, approved the permanentrate and classification changesrecommended by the PRC in Docket No.MC96–2. A copy of the attachments tothat Decision, presenting the permanentrate and classification changes approvedby the Governors, is set forth below.

Also on August 5, 1996, the Board ofGovernors of the Postal Service,pursuant to its authority under 39U.S.C. 3625(f), determined to implementthe permanent rate and classificationchanges approved by the Governorseffective at 12:01 a.m. on October 6,1996 (Resolution No. 96–4). The Boardalso determined in Resolution No. 96–4 to exercise its authority under 39U.S.C. 3642 to establish temporaryphased rates for FY 1997 at Step 4 of the

phasing schedules for some, but not all,preferred rates.

Because of the restrictions placed by39 U.S.C. 3942(d) on the level oftemporary phased rates that can beimplemented for non-letter-shaped mailin the nonprofit subclasses of StandardMail, the Board did not implementtemporary phased rates for rate cellseffected by that subsection. Rates forthose rate cells will be implemented atthe full rate levels (Step 6) approved bythe Governors as permanent rates.Although these Step 6 rates will behigher than the otherwise applicableStep 4 rates, they are still lower than theStep 4 rates in the Docket No. R94–1phasing schedules. In this respect, theyare consistent with the higher level ofmailer preparation associated withclassification reform. A copy of theattachment to Resolution No. 96–4,presenting the preferred rate phasingschedules, is also set forth below. Forthose rate elements in the phasingschedules for the nonprofit categories ofStandard Mail which display ‘‘N/A’’ (for‘‘not applicable’’) under Step 4, the ratesto be implemented on October 6, 1996,will be the rates shown as Step 6. Forall other preferred rates, the rates to beimplemented on October 6, 1996, willbe the rates shown as Step 4.

In accordance with the Decision of theGovernors and Resolution No. 96–4, thePostal Service hereby gives notice thatthe rate and classification changes setforth below will become effective at12:01 a.m. on October 6, 1996.Implementing regulations also becomeeffective at that time, as noted elsewherein this issue.Stanley F. Mires,Chief Counsel, Legislative.

Attachment A to the Decision of theGovernors, Docket No. MC96–2Attachment B to the Decision of theGovernors, Docket No. MC96–2Attachment One to Resolution No. 96–4

Attachment A to the Decision of theGovernors

Changes in Permanent Rates

Docket No. MC96–2

Standard Mail Rate Schedule 321.4ANonprofit Subclass

Presort Categories 1 Full Rates

Proposedrate

(cents)

Letter Size:Piece Rate:

Basic ...................................... 13.83/5-Digit ................................. 12.0

Proposedrate

(cents)

Destination Entry Discount perPiece:BMC ....................................... 1.3SCF ........................................ 1.8

Non-Letter Size:Piece Rate:

Minimum per Piece: 2

Basic ............................... 20.13/5-Digit .......................... 14.9

Destination Entry Discountper Piece:

BMC ................................ 1.3SCF ................................ 1.8

Pound Rate 2 ............................. 48.4Plus per Piece Rate:

Basic ............................... 10.03/5-Digit .......................... 4.8

Destination Entry Discountper Pound:

BMC ................................ 6.2SCF ................................ 8.8

Schedule 321.4A Notes1 A fee of $85.00 must be paid once each

12-month period for each bulk mailingpermit.

2 Mailer pays either the minimum piecerate or the pound rate, whichever is higher.

Standard Mail Rate Schedule 321.4BNonprofit Subclass

Automation Categories 1 Full Rates

ProposedRate

(cents)

Letter Size: 2

Piece Rate:Basic Letter 3 ......................... 10.53-Digit Letter 4 ........................ 10.15-Digit Letter 5 ........................ 8.8

Destination Entry Discount perPiece:BMC ....................................... 1.3SCF ........................................ 1.8

Flat Size: 6

Piece Rate:Minimum per Piece: 7

Basic Flat 8 ..................... 17.73/5-Digit Flat 9 ................. 12.5


BMC ................................ 1.3SCF ................................ 1.8


Basic Flat ........................ 7.63/5-Digit Flat ................... 2.4


BMC ................................ 6.2SCF ................................ 8.8

Schedule 321.4B Notes1A fee of $85.00 must be paid once each

12-month period for each bulk mailingpermit.

2 For letter-size automation pieces meetingapplicable Postal Service regulations.


3 Rate applies to letter-size automationmail not mailed at 3-digit, 5-digit or carrierroute rates.

4 Rate applies to letter-size automationmail presorted to single or multiple three-digit ZIP Code destinations as prescribed bythe Postal Service.

5 Rate applies to letter-size automationmail presorted to single or multiple five-digitZIP Code destinations as prescribed by thePostal Service.

6 For flat-size automation mail meetingapplicable Postal Service regulations.

7 Mailer pays minimum piece rate orpound rate, whichever is higher.

8 Rate applies to flat-size automation mailnot mailed at 3/5-digit rate.

9 Rate applies to flat-size automation mailpresorted to single or multiple three- andfive-digit ZIP Code destinations as specifiedby the Postal Service.

Standard Mail Rate Schedule 321.5Nonprofit Enhanced Carrier RouteSubclass 1

Full Rates

Proposedrate

(cents)


Basic ............................... 9.9Basic Automated Letter 2 8.5High Density ................... 9.3Saturation ....................... 8.7

Destination Entry Discount perPiece:

BMC ....................................... 1.3SCF ................................ 1.8DDU 3 .............................. 2.4


Minimum per Piece: 4

Basic ............................... 10.7High Density ................... 10.0Saturation ....................... 9.4


BMC ................................ 1.3SCF ................................ 1.8DDU 3 .............................. 2.4


Basic ............................... 1.3High Density ................... 0.6Saturation ....................... 0.0


BMC ................................ 6.2SCF ................................ 8.8DDU 3 .............................. 11.4

Schedule 321.5 Notes1 A fee of $85.00 must be paid each 12-

month period for each bulk mailing permit.2 Rate applies to letter-size automation mail

presorted to routes specified by the PostalService.

3 Applies only to enhanced carrier routemail.

4 Mailer pays either the minimum piecerate or the pound rate, whichever is higher.

Periodicals Rate Schedule 423.2 WithinCounty

Full Rates

Postagerate unit Cents

Per Pound:General ....................... Pound 12.6Delivery Office 1 .......... Pound 11.6

Per Piece:Required Presort ......... Piece .... 8.2Carrier Route Presort Piece .... 4.4

Per Piece Discounts:Delivery Office 2 .......... Piece .... 0.3High Density 3 ............. Piece .... 0.5Saturation .................... Piece .... 0.7Automation Discounts

for Automation Com-patible Mail 4

From Required:3-Digit

PrebarcodedLetter Size.

Piece .... 0.4

5-DigitPrebarcodedLetter Size.

Piece .... 1.7

3/5 PrebarcodedFlats.

Piece .... 1.5

1 Applicable only to the pound charge of car-rier route (including high density and satura-tion) presorted pieces to be delivered withinthe delivery area of the originating post office.

2 Applicable only to carrier presorted piecesto be delivered within the delivery area of theoriginating post office.

3 Applicable only to high density mail, de-ducted from carrier presorted pieces.

4 For automation compatible pieces meetingapplicable Postal Service regulations.

Periodicals Rate Schedule 423.3Publications of Authorized NonprofitOrganizations 10

Full Rates 1


Per Pound:Nonadvertising portion: Pound 14.2Advertising portion: 9

Delivery Office 2 ....... Pound 16.9SCF 3 ................ Pound 19.01&2 ................... Pound 21.43 ....................... Pound 22.44 ....................... Pound 25.15 ....................... Pound 29.26 ....................... Pound 33.67 ....................... Pound 38.88 ....................... Pound 43.2

Per Piece:Less Nonadvertising

Factor of 4............... 4.2

Required Preparation 5 Piece .... 21.9Presorted to 3-digit

city/5-digit.Piece .... 17.4

Presorted to CarrierRoute.

Piece .... 10.7

Discounts:Prepared to Delivery

Office 2.Piece .... 1.2

Prepared to SCF 3 ... Piece .... 0.6High Density 6 .......... Piece .... 0.7Saturation 7 .............. Piece .... 2.1


Automation Discountsfor Automation Com-patible Mail: 8

From Required:Prebarcoded

Letter Size.Piece .... 3.0

PrebarcodedFlats.

Piece .... 2.4

From 3/5 Digit:3-Digit

PrebarcodedLetter Size.

Piece .... 2.3

5-DigitPrebarcodedLetter Size.

Piece .... 2.3

PrebarcodedFlats.

Piece .... 2.4

Schedule 423.3 Notes1 Charges are computed by adding the

appropriate per-piece charge to the sum ofthe nonadvertising portion and theadvertising portion, as applicable.

2 Applies to carrier route (including highdensity and saturation) mail delivered withinthe delivery area of the originating postoffice.

3 Applies to mail delivered within the SCFarea of the originating SCF office.

4 For postage calculation, multiply theproportion of nonadvertising content by thisfactor and subtract from the applicable piecerate.

5 Mail presorted to 3-digit (other than 3-digit city), SCF, states, or mixed states.

6 Applicable to high density mail, deductedfrom carrier route presort rate.

7 Applicable to saturation mail, deductedfrom carrier route presort rate.

8 For automation compatible mail meetingapplicable Postal Service regulations.

9 Not applicable to publications containing10 percent or less advertising content.

10 If qualified, nonprofit publications mayuse Within-County rates for applicableportions of a mailing.

Attachment B to the Decision of theGovernors

Changes in the Domestic MailClassification Schedule

Docket No. MC96–2Amend the Standard Mail

Classification Schedule by Inserting theItalicized Text and Deleting the Text inBrackets, as Follows:* * * * *

321.1 Single Piece Subclass321.11 Definition. The Single Piece

subclass consists of Standard Mailweighing less than 16 ounces that is notmailed under sections 321.2, 321.3,321.4, 321.5 or 323.* * * * *

321.2 Regular Subclass321.21 General. [Definition.] The

Regular subclass consists of Standard


Mail weighing less than 16 ounces thatis not mailed under sections 321.1,321.3, 321.4, 321.5 or 323. [, and that:

a. Is prepared in a mailing of at least 200addressed pieces or 50 pounds of addressedpieces;

b. Is presorted, marked, and presented asprescribed by the Postal Service; and

c. Meets the machinability, addressing, andother preparation requirements prescribed bythe Postal Service.]

321.22 [Regular] Presort RateCategories.

321.221 General. The presort ratecategories apply to Regular subclassmail that:

a. Is prepared in a mailing of at least200 addressed pieces or 50 pounds ofaddressed pieces;

b. Is presorted, marked, and presentedas prescribed by the Postal Service; and

c. Meets the machinability,addressing, and other preparationrequirements prescribed by the PostalService.

321.222[1] Basic [Sortation] RateCategor[y]ies. The basic rate categoriesapply to presort rate category mail notmailed under section 321.223. [Mailersmust sort Regular subclass mail asprescribed by the Postal Service. Mailwhich is not presorted to three-digit orfive-digit ZIP Code areas or to carrierroutes qualifies for the basic rates inRate Schedule 321.2A.]

{Ed. Note: Existing 321.222 is renumbered321.232 with modifications}

321.223 Three- and Five-Digit[Presort Level] Rate Categor[y]ies. Thethree- and five-digit [presort level] ratecategor[y]ies appl[ies]y to presort ratecategory [Regular subclass] mailpresorted to single or multiple three-and five-digit ZIP Code destinations[,]as prescribed by the Postal Service.

{Ed. Note: Existing 321.23 is renumbered321.24}

321.23 Automation Rate Categories

321.231 General. The automationrate categories apply to Regular subclassmail that:


b. Is presorted, marked, and presentedas prescribed by the Postal Service;

c. Bears a barcode representing notmore than 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service;

d. Meets the machinability,addressing, barcoding, and otherpreparation requirements prescribed bythe Postal Service.

[321.222] 321.232 Basic [Sortation,Pre-]Barcoded Rate Category. The basic[sortation, pre-]barcoded rate category

applies to letter-size automation ratecategory mail not mailed under section321.233 or 321.234. [mail mailed undersection 321.21 which bears a barcoderepresenting not more than 11 digits(not including ‘‘correction’’ digits) asprescribed by the Postal Service, andwhich meets the machinability,addressing, and barcodingspecifications, and other preparationrequirements prescribed by the PostalService.]

[321.224] 321.233 Three-Digit[Presort Level, Pre-]Barcoded RateCategory. The three-digit [presort level,pre-]barcoded rate category applies toletter-size automation rate category mail[mailed under section 321.21 which is]presorted to single or multiple three-digit ZIP Code destinations asprescribed by the Postal Service. [threedigits, which bears a barcoderepresenting not more than 11 digits(not including ‘‘correction’’ digits) asprescribed by the Postal Service, andwhich meets the machinability,addressing, and barcoding specificationsand other preparation requirementsprescribed by the Postal Service.]

[321.225] 321.234 Five-Digit [PresortLevel, Pre-]Barcoded Rate Category. Thefive-digit [presort level, pre-]barcodedrate category applies to letter-sizeautomation rate category mail [mailedunder section 321.21 which is]presorted to single or multiple five-digitZIP Code destinations as prescribed bythe Postal Service. [five digits, whichbears a barcode representing not morethan 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service, and which meets themachinability, addressing, andbarcoding specifications and otherpreparation requirements prescribed bythe Postal Service.]

321.235 Basic Barcoded Flats RateCategory. The basic barcoded flats ratecategory applies to flat-size automationrate category mail not mailed undersection 321.236.

[321.226] 321.236 Three- and Five-Digit [Presort Level, Pre-]Barcoded FlatsRate Category. The three- and five-digit[presort level, pre-]barcoded flats ratecategory applies to flat-size automationrate category mail [mailed under section321.21 which is] presorted to single ormultiple three- and five-digit ZIP Codedestinations as prescribed by the PostalService. [,which bears a barcoderepresenting not more than 11 digits(not including ‘‘correction’’ digits) asprescribed by the Postal Service, andwhich meets the machinability,addressing, and barcoding specificationsand other preparation requirementsprescribed by the Postal Service.]

[321.23] 321.24 Destination EntryDiscounts. Destination entry discountsapply to Regular subclass mail preparedas prescribed by the Postal Service andaddressed for delivery within theservice area of the BMC (or auxiliaryservice facility), or sectional centerfacility (SCF), at which it is entered, asdefined by the Postal Service.

321.3 Enhanced Carrier RouteSubclass

321.31 Definition. The EnhancedCarrier Route subclass consists ofStandard Mail weighing less than 16ounces that is not mailed under section321.1, 321.2, 321.4, 321.5 or 323, andthat:

a. Is prepared in a mailing of at least 200addressed pieces or 50 pounds of addressedpieces;

b. Is prepared, marked, and presented asprescribed by the Postal Service;

c. Is presorted to carrier routes asprescribed by the Postal Service;

d. Is sequenced as prescribed by the PostalService; and

e. Meets the machinability, addressing, andother preparation requirements prescribed bythe Postal Service.* * * * *

321.4 Nonprofit Subclass

321.41 [Definition

321.411] General. The Nonprofitsubclass consists of Standard Mailweighing less than 16 ounces that is notmailed under section 321.1, 321.2,321.3, 321.5 or 323, and that is[prepared in quantities of at least 50pounds or 200 pieces, presorted andmarked as prescribed by the PostalService, and] mailed by authorizednonprofit organizations or associationsof the following types:

a. Religious, as defined in section1009,

b. Educational, as defined in section1009,

c. Scientific, as defined in section1009,

d. Philanthropic, as defined in section1009,

e. Agricultural, as defined in section1009,

f. Labor, as defined in section 1009,g. Veterans’, as defined in section

1009,h. Fraternal, as defined in section

1009,i. Qualified political committees,j. State or local voting registration

officials when making a mailingrequired or authorized by the NationalVoter Registration Act of 1993.

321.411[2] Qualified PoliticalCommittees. [Nonprofit Organizationsand Associations. Nonprofitorganizations or associations are


organizations or associations notorganized for profit, none of the netincome of which benefits any privatestockholder or individual, and whichmeet the qualifications set forth belowfor each type of organization orassociation. The standard of primarypurpose applies to each type oforganization or association, exceptveterans’ and fraternal. The standard ofprimary purpose requires that each typeof organization or association be bothorganized and operated for the primarypurpose. The following are the types oforganizations or associations which mayqualify as authorized nonprofitorganizations or associations.

a. Religious. A nonprofit organizationwhose primary purpose is one of thefollowing:

i. To conduct religious worship;ii. To support the religious activities

of nonprofit organizations whoseprimary purpose is to conduct religiousworship;

iii. To perform instruction in, todisseminate information about, orotherwise to further the teaching ofparticular religious faiths or tenets.

b. Educational. A nonprofitorganization whose primary purpose isone of the following:

i. The instruction or training of theindividual for the purpose of improvingor developing his capabilities;

ii. The instruction of the public onsubjects beneficial to the community.An organization may be educationaleven though it advocates a particularposition or viewpoint so long as itpresents a sufficiently full and fairexposition of the pertinent facts topermit an individual or the public toform an independent opinion orconclusion. On the other hand, anorganization is not educational if itsprincipal function is the merepresentation of unsupported opinion.

c. Scientific. A nonprofit organizationwhose primary purpose is one of thefollowing:

i. To conduct research in the applied,pure or natural sciences;

ii. To disseminate systematizedtechnical information dealing withapplied, pure or natural sciences.

d. Philanthropic. A nonprofitorganization primarily organized andoperated for purposes beneficial to thepublic. Philanthropic organizationsinclude, but are not limited to,organizations which are organized for:

i. Relief of the poor and distressed orof the underprivileged;

ii. Advancement of religion;iii. Advancement of education or

science;iv. Erection or maintenance of public

buildings, monuments, or works;

v. Lessening of the burdens ofgovernment;

vi. Promotion of social welfare byorganizations designed to accomplishany of the above purposes or:

(A) To lessen neighborhood tensions;(B) To eliminate prejudice and

discrimination;(C) To defend human and civil rights

secured by law; or(D) To combat community

deterioration and juvenile delinquency.e. Agricultural. A nonprofit

organization whose primary purpose isthe betterment of the conditions of thoseengaged in agricultural pursuits, theimprovement of the grade of theirproducts, and the development of ahigher degree of efficiency inagriculture. The organization mayadvance agricultural interests througheducational activities; the holding ofagricultural fairs; the collection anddissemination of informationconcerning cultivation of the soil and itsfruits or the harvesting of marineresources; the rearing, feeding, andmanagement of livestock, poultry, andbees, or other activities relating toagricultural interests. The termagricultural nonprofit organization alsoincludes any nonprofit organizationwhose primary purpose is the collectionand dissemination of information ormaterials relating to agriculturalpursuits.

f. Labor. A nonprofit organizationwhose primary purpose is thebetterment of the conditions of workers.Labor organizations include, but are notlimited to, organizations in whichemployees or workmen participate,whose primary purpose is to deal withemployers concerning grievances, labordisputes, wages, hours of employmentand working conditions.

g. Veterans’. A nonprofit organizationof veterans of the armed services of theUnited States, or an auxiliary unit orsociety of, or a trust or foundation for,any such post or organization.

h. Fraternal. A nonprofit organizationwhich meets all of the following criteria:

i. Has as its primary purpose thefostering of brotherhood and mutualbenefits among its members;

ii. Is organized under a lodge orchapter system with a representativeform of government;

iii. Follows a ritualistic format; andiv. Is comprised of members who are

elected to membership by vote of themembers.

i. Qualified political committees.] Theterm ‘‘qualified political committee’’means a national or State committee ofa political party, the Republican andDemocratic Senatorial CampaignCommittees, the Democratic National

Congressional Committee, and theNational Republican CongressionalCommittee:

[i.]a. The term ‘‘national committee’’means the organization which, by virtueof the bylaws of a political party, isresponsible for the day-to-day operationof such political party at the nationallevel; and

[ii.]b. The term ‘‘State committee’’means the organization which, by virtueof the bylaws of a political party, isresponsible for the day-to-day operationof such political party at the State level.

321.412[3] Limitation onAuthorization. An organizationauthorized to mail at the nonprofitStandard rates for qualified nonprofitorganizations may mail only its ownmatter at these rates. An organizationmay not delegate or lend the use of itspermit to mail at special Standard ratesto any other person, organization orassociation.

321.42 [Nonprofit] Presort RateCategories

321.421 General. The presort ratecategories apply to Nonprofit subclassmail that:


b. Is presorted, marked, and presentedas prescribed by the Postal Service; and

c. Meets the machinability,addressing, and other preparationrequirements prescribed by the PostalService.

321.422[1] Basic [Sortation] RateCategories[y]. The basic rate categoriesapply to presort rate category mail notmailed under section 321.423. [Mailersmust sort Nonprofit subclass mail asprescribed by the Postal Service. Mailwhich is not presorted to three-digit orfive-digit ZIP Code areas or to carrierroutes qualifies for the basic rates inRate Schedule 321.4.]

[321.422 Basic Sortation, ZIP + 4 RateCategory. The basic sortation, ZIP + 4rate category applies to mail mailedunder section 321.421 which bears aproper ZIP + 4 code and which meetsthe machinability, address readabilityand other preparation requirementsprescribed by the Postal Service.]

[Ed. Note: Existing 321.423 is renumbered321.432 with modifications]

321.423[4] Three- and Five-Digit[Presort Level] Rate Categories[y]. Thethree- and five-digit [presort level] ratecategories[y] apply[ies] to presort ratecategory [Nonprofit subclass] mail[which is] presorted to single ormultiple three-[digit or] and five-digitZIP Code destinations [areas. The mailmust be prepared in the manner] asprescribed by the Postal Service.


321.43 Automation Rate Categories

321.431 General. The automationrate categories apply to Nonprofitsubclass mail that:


b. Is presorted, marked, and presentedas prescribed by the Postal Service;

c. Bears a barcode representing notmore than 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service;

d. Meets the machinability,addressing, barcoding, and otherpreparation requirements prescribed bythe Postal Service.

321.432[23] Basic [Sortation, Pre-]Barcoded Rate Category. The basic[sortation, pre-]barcoded rate categoryapplies to letter-size automation ratecategory mail not mailed under section321.433 or 321.434. [321.421 whichbears a barcode representing not morethan 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service, and which meets themachinability, addressing, andbarcoding specifications and otherpreparation requirements prescribed bythe Postal Service.]

[321.425 Three- and Five-DigitPresort Level, ZIP + 4 Rate Category.The three- and five-digit presort level,ZIP + 4 rate category applies to mailmailed under section 321.424 whichbears a proper ZIP + 4 code and whichmeets the machinability, addressreadability and other preparationrequirements prescribed by the PostalService.]

321.433[26] Three-Digit [PresortLevel, Pre-]Barcoded Rate Category. Thethree-digit [presort level, pre-]barcodedrate category applies to letter-sizeautomation rate category mail [mailedunder section 321.424 which is]presorted to single or multiple three-digit ZIP Code destinations [three digits,which bears a barcode representing notmore than 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service, and which meets themachinability, addressing, andbarcoding specifications and otherpreparation requirements] as prescribedby the Postal Service.

321.434[27] Five-Digit [PresortLevel, Pre-]Barcoded Rate Category. Thefive-digit [presort level, pre-]barcodedrate category applies to letter-sizeautomation rate category mail [mailedunder section 321.424 which is]presorted to single or multiple five-digitZIP Code destinations [five digits,which bears a barcode representing notmore than 11 digits (not including‘‘correction’’ digits) as prescribed by the

Postal Service, and which meets themachinability, addressing, andbarcoding specifications, and otherpreparation requirements] as prescribedby the Postal Service.

[321.428 Carrier Route Presort LevelRate Category. The carrier route presortlevel rate category applies to Nonprofitsubclass mail which is presorted to acarrier route, with at least 10 pieces toeach carrier route. The mail must beprepared in the manner prescribed bythe Postal Service.]

321.435[29] Basic Barcoded [Pre-barcoded] Flats Rate Category. The basicbarcoded flats rate category applies toflat-size automation rate category mailnot mailed under section 321.436. [Thepre-barcoded flats rate category appliesto Nonprofit subclass flat size pieceswhich are properly prepared andpresorted, bear a barcode as prescribedby the Postal Service, and meet the flatsmachinability and address readabilityspecifications of the Postal Service.Such flats must be presented for mailingin a manner which does not requirecancellation.]

321.436 Three- and Five-DigitBarcoded Flats Rate Category. Thethree- and five-digit barcoded flats ratecategory applies to flat-size automationrate category mail presorted to single ormultiple three- and five-digit ZIP Codedestinations as prescribed by the PostalService.

[321.43 Nonprofit Subclass Discounts

321.431 Saturation Discount. Thesaturation discount applies to Nonprofitsubclass mail presented in a carrierroute presort mailing which is walksequenced and which meets thesaturation and preparation requirementsprescribed by the Postal Service.

321.432 125-Piece Walk-sequenceDiscount. The 125-piece walk-sequencediscount applies to Nonprofit subclassmail presented in a carrier route presortmailing which is walk sequenced andcontains a minimum of 125 pieces percarrier route, and which meets thepreparation requirements prescribed bythe Postal Service.]

321.44[33] Destination EntryDiscounts. [The d]Destination entrydiscounts apply[ies] to Nonprofitsubclass mail prepared as prescribed bythe Postal Service and addressed [whichis destined] for delivery within theservice area of the BMC (or auxiliaryservice facility)[,] or sectional centerfacility (SCF)[, or destination deliveryunit (DDU)] at which it is entered, asdefined by the Postal Service.

321.5 Nonprofit Enhanced CarrierRoute Subclass

321.51 Definition. The NonprofitEnhanced Carrier Route subclassconsists of Standard Mail weighing lessthan 16 ounces that is not mailed undersection 321.1, 321.2, 321.3, 321.4 or 323,that is mailed by authorized nonprofitorganizations or associations (asdefined in section 321.41) under theterms and limitations stated in section321.412, and that:


b. Is prepared, marked, and presentedas prescribed by the Postal Service;

c. Is presorted to carrier routes asprescribed by the Postal Service;

d. Is sequenced as prescribed by thePostal Service; and

e. Meets the machinability,addressing, and other preparationrequirements prescribed by the PostalService.

321.52 Basic Rate Category. Thebasic rate category applies to NonprofitEnhanced Carrier Route subclass mailnot mailed under section 321.53, 321.54or 321.55.

321.53 Basic Pre-Barcoded RateCategory. The basic pre-barcoded ratecategory applies to letter-size NonprofitEnhanced Carrier Route subclass mailwhich bears a barcode representing notmore than 11 digits (not including‘‘correction’’ digits), as prescribed by thePostal Service, and which meets themachinability, addressing, andbarcoding specifications and otherpreparation requirements prescribed bythe Postal Service.

321.54 High Density Rate Category.The high density rate category applies toNonprofit Enhanced Carrier Routesubclass mail presented in walk-sequence order and meeting the highdensity requirements prescribed by thePostal Service.

321.55 Saturation Rate Category. Thesaturation rate category applies toNonprofit Enhanced Carrier Routesubclass mail presented in walk-sequence order and meeting thesaturation requirements prescribed bythe Postal Service.

321.56 Destination Entry Discounts.Destination entry discounts apply toNonprofit Enhanced Carrier Routesubclass mail prepared as prescribed bythe Postal Service and addressed fordelivery within the service area of theBMC (or auxiliary service facility),sectional center facility (SCF), ordestination delivery unit (DDU) at whichit is entered, as defined by the PostalService.* * * * *


323.2 Library Subclass

* * * * *323.212 Definition of Nonprofit

Organizations and Associations.Nonprofit organizations or associationsare defined in section 1009.[organizations or associations notorganized for profit, none of the netincome of which benefits any privatestockholder or individual, and whichmeet the qualifications set forth belowfor each type of organization orassociation. The standard of primarypurpose applies to each type oforganization or association, exceptveterans’ and fraternal. The standard ofprimary purposes requires that eachtype of organization or association beboth organized and operated for theprimary purpose. The following are thetypes of organizations or associationswhich may qualify as authorizednonprofit organizations or associations:







ii. The instruction of the public onsubjects beneficial to the community.

An organization may be educationaleven though it advocates a particularposition or viewpoint so long as itpresents a sufficiently full and fairexposition of the pertinent facts topermit an individual or the public toform an independent opinion orconclusion. On the other hand, anorganization is not educational if itsprincipal function is the merepresentation of unsupported opinion.








buildings, monuments, or works;v. Lessening of the burdens of

government;vi. Promotion of social welfare by

organizations designed to accomplishany of the above purposes or:











iii. Follows a ritualistic format; and

iv. Is comprised of members who areelected to membership by vote of themembers.]* * * * *

330 Physical Limitations

331 Size

Standard Mail may not exceed 108inches in length and girth combined.Additional size limitations apply toindividual Standard Mail subclasses.The maximum size for mail presorted tocarrier route in the Enhanced CarrierRoute and Nonprofit Enhanced CarrierRoute subclasses is 14 inches in length,11.75 inches in width, and 0.75 inch inthickness. For merchandise samplesmailed with detached address cards, thecarrier route maximum dimensionsapply to the detached address cards andnot to the samples.* * * * *

340 Postage and Preparation

341 Postage

Postage must be paid as set forth insection 3000. When the postagecomputed at a Single Piece, Regular,Enhanced Carrier Route, [or] Nonprofitor Nonprofit Enhanced Carrier RouteStandard rate is higher than the rateprescribed in any of the Standardsubclasses listed in 322 or 323 for whichthe piece also qualifies (or wouldqualify, except for weight), the piece iseligible for the applicable lower rate. Allmail mailed at a bulk or presort ratemust have postage paid in a manner notrequiring cancellation.* * * * *

344 Attachments and Enclosures

344.1 Single Piece, Regular,Enhanced Carrier Route, [and] Nonprofitand Nonprofit Enhanced Carrier RouteSubclasses (section 321)* * * * *

344.21 General. First-Class Mail orStandard Mail from any of thesubclasses listed in section 321 (SinglePiece, Regular, Enhanced Carrier Route,[or] Nonprofit or Nonprofit EnhancedCarrier Route) may be attached to orenclosed in Standard Mail mailed undersections 322 and 323. The piece must bemarked as prescribed by the PostalService. Except as provided in sections344.22 and 344.23, additional postagemust be paid for the attachment orenclosure as if it had been mailedseparately. Otherwise, the entirecombined piece is subject to the First-Class or section 321 Standard rate forwhich it qualifies (unless the rateapplicable to the host piece is higher),or, if a combined piece with a section321 Standard Mail attachment or


enclosure weighs 16 ounces or more, thepiece is subject to the Parcel Post ratefor which it qualifies.* * * * *

353.1 Single Piece, Regular,Enhanced Carrier Route, [and] Nonprofitand Nonprofit Enhanced Carrier RouteSubclasses (section 321)

Undeliverable-as-addressed StandardMail mailed under section 321 will bereturned on request of the mailer, orforwarded and returned on request ofthe mailer. Undeliverable-as-addressedcombined First-Class and Standardpieces will be returned as prescribed bythe Postal Service. The Single PieceStandard rate is charged for each piecereceiving return only service. Chargesfor forwarding-and-return service areassessed only on those pieces whichcannot be forwarded and are returned.The charge for those returned pieces isthe appropriate Single Piece Standardrate for the piece plus that ratemultiplied by a factor equal to thenumber of section 321 Standard piecesnationwide that are successfullyforwarded for every one piece thatcannot be forwarded and must bereturned.* * * * *

360 Ancillary Services

361 All SubclassesAll Standard Mail will receive the

following services upon payment of theappropriate fees:

Service Sched-ule

a. Address correction ..................... SS–1b. Certificates of mailing indicating

that a specified number ofpieces has been mailed.

SS–4

Certificates of mailing are notavailable for Regular, Enhanced CarrierRoute, [and] Nonprofit and NonprofitEnhanced Carrier Route subclass mailwhen postage is paid by permit imprint.* * * * *

370 Rates and FeesThe rates and fees for Standard Mail

are set forth as follows:

Sched-ule

a. Single Piece subclass ................ 321.1b. Regular subclass ........................ 321.2c. Enhanced Carrier Route sub-

class.321.3

d. Nonprofit subclass ...................... 321.4e. Nonprofit Enhanced Carrier

Route subclass.321.5

f[e]. Parcel Post subclassBasic ........................................... 322.1ADestination BMC ......................... 322.1B

Sched-ule

g[f]. Bound Printed Matter subclassSingle Piece ................................ 322.3ABulk and Carrier Route ............... 322.3B

h[g]. Special subclass .................... 323.1i[h]. Library subclass ...................... 323.2j[i]. Fees .......................................... 1000

380 Authorizations and Licenses

381 Regular, Enhanced CarrierRoute, [and] Nonprofit and NonprofitEnhanced Carrier Route Subclasses

A mailing fee as set forth in RateSchedule 1000 must be paid once eachyear by mailers of Regular, EnhancedCarrier Route, [and] Nonprofit andNonprofit Enhanced Carrier Routesubclass mail.* * * * *

Amend the Periodicals ClassificationSchedule by Inserting the Italicized Textand Deleting the Text in Brackets, asFollows:

423 Preferred Rate Periodicals

* * * * *

423.3 Nonprofit Subclass

[423.31 Definition.] Nonprofit mailis Preferred Rate Periodicals class mailentered by authorized nonprofitorganizations or associations of thefollowing types:

a. Religious, as defined in section1009,

b. Educational, as defined in section1009,

c. Scientific, as defined in section1009,

d. Philanthropic, as defined in section1009,

e. Agricultural, as defined in section1009,

f. Labor, as defined in section 1009,g. Veterans’, as defined in section

1009,h. Fraternal, as defined in section

1009, andi. Associations of rural electric

cooperatives,j. One publication, which contains no

advertising (except advertising of thepublisher) published by the officialhighway or development agency of astate,

k. Program announcements or guidespublished by an educational radio ortelevision agency of a state or politicalsubdivision thereof or by a nonprofiteducational radio or television station,

l. One conservation publicationpublished by an agency of a state whichis responsible for management andconservation of the fish or wildliferesources of such state.

[423.32 Definitions of NonprofitOrganizations and Associations.

Nonprofit organizations or associationsare organizations or associations notorganized for profit, none of the netincome of which benefits any privatestockholder or individual, and whichmeet the qualifications set forth belowfor each type of organization orassociation. The standard of primarypurpose applies to organizations listedunder section 423.31a through f. Thestandard of primary purpose requiresthat each type of organization orassociation be both organized andoperated for the primary purpose.

















government;


vi. Promotion of social welfare byorganizations designed to accomplishany of the above purposes or;

(a) To lessen neighborhood tensions;(b) To eliminate prejudice and

discrimination;(c) To defend human and civil rights

secured by law; or(d) To combat community









elected to membership by vote of themembers.]

423.4 Classroom Subclass

Classroom mail is [of] Preferred RatePeriodicals class mail which[,] consistsof religious, educational, or scientificpublications designed specifically for

use in school classrooms or religiousinstruction classes.* * * * *

423.6 Preferred Rate Pound RatesFor Preferred Rate Periodicals entered

under sections 423.3, 423.4 and 423.5,an unzoned pound rate applies to thenonadvertising portion. A zoned poundrate applies to the advertising portionand may be reduced by applicabledestination entry discounts. The poundrate postage is the sum of thenonadvertising portion charge and theadvertising portion charge. For PreferredRate Periodicals entered under section423.2, one pound rate applies to thepieces presorted to carrier route to bedelivered within the delivery area of theoriginating post office, and anotherpound rate applies to all other pieces.

423.7 Preferred Rate Piece Rates423.71 Basic Rate Category. The

basic rate category applies to allPreferred Rate Periodicals not mailedunder section 423.72 or 423.73.

423.72 Three-Digit City and Five-Digit Rate Category. The rates for thiscategory apply to Preferred RatePeriodicals entered under sections423.3, 423.4. or 423.5 that are presortedto three-digit cities and five-digit ZIPCode destinations as prescribed by thePostal Service.

423.73 Carrier Route Rate Category.The carrier route rate category appliesto Preferred Rate Periodicals presortedto carrier routes as prescribed by thePostal Service.

[423.6 Preferred Rate Discounts423.61 Destination Entry Discounts.

Copies of any Preferred Rate Periodicalsclass mail which are destined fordelivery within the destination sectionalcenter facility (SCF) area or thedestination delivery unit (DDU) area inwhich they are entered, as defined bythe Postal Service, qualify for theapplicable discount as set forth in RateSchedules 423.2, 423.3, and 423.4.

423.62 ZIP + 4 and Pre-barcodedLetter Discounts. Copies of anyautomation compatible Preferred RatePeriodicals class mail which bear aproper ZIP + 4 code, or which bear abarcode representing not more than 11digits (not including ‘‘correction’’ digits)as prescribed by the Postal Service, andwhich meet the machinability,addressing, and barcoding specificationsand other preparation requirementsprescribed by the Postal Service qualifyfor the applicable ZIP + 4 or pre-barcoding discounts as set forth in RateSchedules 423.2, 423.3, and 423.4.

423.63 125-piece Walk-sequenceDiscount. Copies of Preferred Rate

Periodicals class mail presented inmailings which are walk sequenced andcontain a minimum of 125 pieces percarrier route and which meet thepreparation requirements prescribed bythe Postal Service are eligible for theapplicable discount set forth in RateSchedules 423.2, 423.3, and 423.4.

423.64 Saturation Discount.Saturation Preferred Rate Periodicalsclass mail presented in mailings whichare walk sequenced and which meet thesaturation and preparation requirementsprescribed by the Postal Servicequalifies for the applicable discount setforth in Rate Schedules 423.2, 423.3,and 423.4.

423.65 Pre-barcoded FlatsDiscounts. Pre-barcoded Preferred RatePeriodicals class flats which areproperly prepared and presorted, whichbear a barcode as prescribed by thePostal Service, and which meet the flatsmachinability and address readabilityspecifications of the Postal Service, areeligible for the applicable discounts forpre-barcoded flats set forth in RateSchedules 423.2, 423.3, and 423.4.]

423.8 Preferred Rate Discounts

423.81 Barcoded Letter Discounts.Barcoded letter discounts apply to lettersize Preferred Rate Periodicals mailedunder sections 423.71 and 423.72 whichbear a barcode representing not morethan 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service, and which meet themachinability, addressing, andbarcoding specifications and otherpreparation requirements prescribed bythe Postal Service.

423.82 Barcoded Flats Discounts.Barcoded flats discounts apply to flatsize Preferred Rate Periodicals mailedunder sections 423.71 and 423.72 whichbear a barcode representing not morethan 11 digits (not including‘‘correction’’ digits) as prescribed by thePostal Service, and meet the flatsmachinability, addressing, andbarcoding specifications and otherpreparation requirements prescribed bythe Postal Service.

423.83 High Density Discount. Thehigh density discount applies toPreferred Rate Periodicals mailed undersection 423.73, presented in walksequence order, and meeting the highdensity and preparation requirementsprescribed by the Postal Service.

423.84 Saturation Discount. Thesaturation discount applies to PreferredRate Periodicals mailed under section423.73, presented in walk-sequenceorder, and meeting the saturation andpreparation requirements prescribed bythe Postal Service.


423.85 Destination Entry Discounts.Destination entry discounts apply toPreferred Rate Periodicals which aredestined for delivery within the servicearea of the destination sectional centerfacility (SCF) or the destination deliveryunit (DDU) in which they are entered, asdefined by the Postal Service. The DDUdiscount only applies to Carrier Routerate category mail; the SCF discount isnot available for mail entered undersection 423.2.

423.86 Nonadvertising Discount.The nonadvertising discount applies toPreferred Rate Periodicals entered undersections 423.3, 423.4, and 423.5 and isdetermined by multiplying theproportion of nonadvertising content bythe discount factor set forth in RateSchedules 421, 423.3 or 423.4 andsubtracting that amount from theapplicable piece rate.* * * * *

Amend General Definitions, Termsand Conditions by Inserting theFollowing New Section 1009:

1009 Nonprofit Organizations andAssociations

Nonprofit organizations orassociations are organizations orassociations not organized for profit,none of the net income of which benefitsany private stockholder or individual,and which meet the qualifications setforth below for each type of organizationor association. The standard of primarypurpose applies to each type oforganization or association, exceptveterans’ and fraternal. The standard ofprimary purpose requires that each typeof organization or association be bothorganized and operated for the primarypurpose. The following are the types oforganizations or associations which mayqualify as authorized nonprofitorganizations or associations.




iii. To perform instruction in, todisseminate information about, or

otherwise to further the teaching ofparticular religious faiths or tenets.













government;vi. Promotion of social welfare by

organizations designed to accomplishany of the above purposes or:





organization whose primary purpose isthe betterment of the conditions of those

engaged in agricultural pursuits, theimprovement of the grade of theirproducts, and the development of ahigher degree of efficiency inagriculture. The organization mayadvance agricultural interests througheducational activities; the holding ofagricultural fairs; the collection anddissemination of informationconcerning cultivation of the soil and itsfruits or the harvesting of marineresources; the rearing, feeding, andmanagement of livestock, poultry, andbees, or other activities relating toagricultural interests. The termagricultural nonprofit organization alsoincludes any nonprofit organizationwhose primary purpose is the collectionand dissemination of information ormaterials relating to agriculturalpursuits.







elected to membership by vote of themembers.[END]

Attachment One to Resolution No. 96–4

Phasing Schedules Steps 4, 5, and 6

Phasing Schedule (Rate Schedule321.4A)

STANDARD NONPROFIT—PRESORT CATEGORIES

[Cents]

Step 4 Step 5 Step 6


Basic .......................................................................................................................................... 13.2 13.5 13.83/5–Digit ..................................................................................................................................... 11.4 11.7 12.0

Destination Entry Discount per Piece:BMC ........................................................................................................................................... 1.3 1.3 1.3


STANDARD NONPROFIT—PRESORT CATEGORIES—Continued[Cents]


SCF ............................................................................................................................................ 1.8 1.8 1.8Non-Letter Size:

Piece Rate:Minimum per Piece:

Basic ................................................................................................................................... 19.5 19.8 20.13/5–Digit .............................................................................................................................. N/A N/A 14.9

Destination Entry Discount per Piece:BMC .................................................................................................................................... 1.3 1.3 1.3SCF ..................................................................................................................................... 1.8 1.8 1.8

Pound Rate:Basic ................................................................................................................................... 45.5 47.0 48.43/5–Digit .............................................................................................................................. N/A N/A 48.4

Plus per Piece Rate:Basic ................................................................................................................................... 10.0 10.0 10.03/5–Digit .............................................................................................................................. N/A N/A 4.8

Destination Entry Discount per Pound:BMC .................................................................................................................................... 6.2 6.2 6.2SCF ..................................................................................................................................... 8.8 8.8 8.8

Phasing Schedule (Rate Schedule321.4B)

STANDARD NONPROFIT—AUTOMATION CATEGORIES

[Cents]



Basic Letter ................................................................................................................................ 9.9 10.2 10.53-Digit Letter .............................................................................................................................. 9.5 9.8 10.15-Digit Letter .............................................................................................................................. 8.2 8.5 8.8

Destination Entry Discount per Piece:BMC ........................................................................................................................................... 1.3 1.3 1.3SCF ............................................................................................................................................ 1.8 1.8 1.8

Flat Size:Piece Rate:

Minimum per Piece:Basic Flat ............................................................................................................................ 17.1 17.4 17.73/5-Digit Flat ....................................................................................................................... N/A N/A 12.5

Destination Entry Discount per Piece:BMC .................................................................................................................................... 1.3 1.3 1.3SCF ..................................................................................................................................... 1.8 1.8 1.8

Pound Rate:Basic Flat ............................................................................................................................ 45.5 47.0 48.43/5-Digit Flat ....................................................................................................................... N/A N/A 48.4

Plus per Piece Rate:Basic Flat ............................................................................................................................ 7.6 7.6 7.63/5-Digit Flat ....................................................................................................................... N/A N/A 2.4

Destination Entry Discount per Pound:BMC .................................................................................................................................... 6.2 6.2 6.2SCF ..................................................................................................................................... 8.8 8.8 8.8

Phasing Schedule (Rate Schedule 321.5)

STANDARD NONPROFIT ENHANCED CARRIER ROUTE

[Cents]



Basic .......................................................................................................................................... 8.7 9.3 9.9Basic Automated Letter ............................................................................................................. 7.9 8.2 8.5High-Density ............................................................................................................................... 8.1 8.7 9.3Saturation ................................................................................................................................... 7.5 8.1 8.7


STANDARD NONPROFIT ENHANCED CARRIER ROUTE—Continued[Cents]


Destination Entry Discount per Piece:BMC ........................................................................................................................................... 1.3 1.3 1.3SCF ............................................................................................................................................ 1.8 1.8 1.8DDU ........................................................................................................................................... 2.4 2.4 2.4


Minimum per Piece:Basic ................................................................................................................................... N/A N/A 10.7High Density ....................................................................................................................... N/A N/A 10.0Saturation ............................................................................................................................ N/A N/A 9.4

Destination Entry Discount per Piece:BMC .................................................................................................................................... N/A N/A 1.3SCF ..................................................................................................................................... N/A N/A 1.8DDU .................................................................................................................................... N/A N/A 2.4

Pound Rate: N/A N/A 45.1Plus per Piece Rate:

Basic ................................................................................................................................... N/A N/A 1.3High Density ....................................................................................................................... N/A N/A 0.6Saturation ............................................................................................................................ N/A N/A 0.0

Destination Entry Discount per Pound:BMC .................................................................................................................................... N/A N/A 6.2SCF ..................................................................................................................................... N/A N/A 8.8DDU .................................................................................................................................... N/A N/A 11.4

Phasing Schedule (Rate Schedule 323.2)

STANDARD MAIL—LIBRARY RATE

[Cents]


First Pound ............................................................................................................................................... 112 112 112Each Additional Pound through 7 pounds ............................................................................................... 41 41 42Each Additional Pound over 7 pounds .................................................................................................... 22 22 22

Phasing Schedule Periodicals RateSchedule 423.2 Within County

Postage rateunit

Step 4(cents)

Step 5(cents)

Step 6(cents)

Per Pound:General ............................................................................................................... Pound ............... 12.2 12.2 12.6Delivery Office .................................................................................................... Pound ............... 11.2 11.2 11.6

Per Piece:Required Presort ................................................................................................ Piece ................ 8.1 8.2 8.2Carrier Route Presort ......................................................................................... Piece ................ 4.3 4.4 4.4

Per Piece Discounts:Delivery Office .................................................................................................... Piece ................ 0.3 0.3 0.3High Density ....................................................................................................... Piece ................ 0.5 0.5 0.5Saturation ........................................................................................................... Piece ................ 0.7 0.7 0.7Automation Discounts for Automation Compatible Mail:

From Required:3-Digit Prebarcoded Letter Size .......................................................... Piece ................ 0.4 0.4 0.45-Digit Prebarcoded Letter Size .......................................................... Piece ................ 1.7 1.7 1.73/5 Prebarcoded Flats ......................................................................... Piece ................ 1.5 1.5 1.5

Phasing Schedule Periodicals RateSchedule 423.3 Publications ofAuthorized Nonprofit Organizations


Postage rateunit

Step 4(cents)

Step 5(cents)

Step 6(cents)

Per Pound:Nonadvertising portion ....................................................................................... Pound ............... 13.8 14.2 14.2Advertising portion:

Delivery Office ............................................................................................. Pound ............... 16.9 16.9 16.9SCF ...................................................................................................... Pound ............... 19.0 19.0 19.01&2 ....................................................................................................... Pound ............... 21.4 21.4 21.43 ........................................................................................................... Pound ............... 22.4 22.4 22.44 ........................................................................................................... Pound ............... 25.1 25.1 25.15 ........................................................................................................... Pound ............... 29.2 29.2 29.26 ........................................................................................................... Pound ............... 33.6 33.6 33.67 ........................................................................................................... Pound ............... 38.8 38.8 38.88 ........................................................................................................... Pound ............... 43.2 43.2 43.2

Per Piece:Less Nonadvertising Factor of ........................................................................... ........................... 4.2 4.2 4.2Required Preparation ......................................................................................... Piece ................ 21.6 21.7 21.9Presorted to 3-digit city/5-digit ........................................................................... Piece ................ 17.1 17.2 17.4Presorted to Carrier Route ................................................................................. Piece ................ 10.4 10.5 10.7Discounts:

Prepared to Delivery Office ......................................................................... Piece ................ 1.2 1.2 1.2Prepared to SCF ......................................................................................... Piece ................ 0.6 0.6 0.6High Density ................................................................................................ Piece ................ 0.7 0.7 0.7Saturation .................................................................................................... Piece ................ 2.1 2.1 2.1

Automation Discounts for Automation Compatible Mail:From Required:

Prebarcoded Letter Size ...................................................................... Piece ................ 3.0 3.0 3.0Prebarcoded Flats ................................................................................ Piece ................ 2.4 2.4 2.4

From 3/5 Digit:3-Digit Prebarcoded Letter Size .......................................................... Piece ................ 2.3 2.3 2.35-Digit Prebarcoded Letter Size .......................................................... Piece ................ 2.3 2.3 2.3Prebarcoded Flats ................................................................................ Piece ................ 2.4 2.4 2.4

Phasing Schedule Periodicals RateSchedule 423.4 Classroom Publications

Postage rateunit

Step 4(cents)

Step 5(cents)

Step 6(cents)

Per Pound:Nonadvertising portion: ...................................................................................... Pound ............... 11.0 11.1 11.3Advertising portion:

Delivery Office ............................................................................................. Pound ............... 18.0 18.0 18.0SCF ...................................................................................................... Pound ............... 19.1 19.1 19.11&2 ....................................................................................................... Pound ............... 21.2 21.2 21.23 ........................................................................................................... Pound ............... 22.3 22.3 22.34 ........................................................................................................... Pound ............... 25.0 25.0 25.05 ........................................................................................................... Pound ............... 29.2 29.2 29.26 ........................................................................................................... Pound ............... 33.5 33.5 33.57 ........................................................................................................... Pound ............... 38.8 38.8 38.88 ........................................................................................................... Pound ............... 43.2 43.2 43.2

Per Piece:Less Nonadvertising Factor of ........................................................................... ........................... 3.5 3.5 3.5Required Preparation ......................................................................................... Piece ................ 16.9 17.0 17.1Presorted to 3-digit city/5-digit ........................................................................... Piece ................ 12.6 12.7 12.8Presorted to Carrier Route ................................................................................. Piece ................ 8.8 8.9 9.0Discounts:

Prepared to Delivery Office ......................................................................... Piece ................ 0.5 0.5 0.5Prepared to SCF ......................................................................................... Piece ................ 0.3 0.3 0.3High Density ................................................................................................ Piece ................ 0.2 0.2 0.2Saturation .................................................................................................... Piece ................ 0.7 0.7 0.7


Postage rateunit

Step 4(cents)

Step 5(cents)

Step 6(cents)

Automation Discounts for Automation Compatible Mail:From Required:

ZIP + 4 Letter Size ............................................................................... Piece ................ 0.7 0.7 0.7Prebarcoded Letter Size ...................................................................... Piece ................ 1.7 1.7 1.7Prebarcoded Flats ................................................................................ Piece ................ 2.3 2.3 2.3

From 3/5 Digit:ZIP + 4 Letter Size ............................................................................... Piece ................ 0.4 0.4 0.43-Digit Prebarcoded Letter Size .......................................................... Piece ................ 1.0 1.0 1.05-Digit Prebarcoded Letter Size .......................................................... Piece ................ 1.7 1.7 1.7Prebarcoded Flats ................................................................................ Piece ................ 1.5 1.5 1.5

[FR Doc. 96–20815 Filed 8–12–96; 1:21 pm]BILLING CODE 7710–12–P

fede

ral r

egiste

r

42477


Part III

Postal Service39 CFR Part 111Classification Reform; ImplementationStandards; Final Rule


POSTAL SERVICE

39 CFR Part 111

Classification Reform; ImplementationStandards

AGENCY: Postal Service.ACTION: Final rule with request forcomments.

SUMMARY: This final rule sets forth theDomestic Mail Manual (DMM)standards adopted by the Postal Serviceto implement the Decision of theGovernors of the United States PostalService on the Recommended Decisionof the Postal Rate Commission onNonprofit Standard Mail, NonprofitEnhanced Carrier Route Standard Mail,Nonprofit Periodicals, and WithinCounty Periodicals, Docket No. MC96–2, Classification Reform II. This finalrule also contains the phased rates beingimplemented both for those subclassesas well as for Classroom Periodicals andLibrary Mail.DATES: The final rule is effectiveOctober 6, 1996. Comments on thestandards for Classroom Periodicals asdiscussed in SupplementaryInformation must be received on orbefore September 5, 1996.ADDRESSES: Written comments shouldbe mailed or delivered to the Manager,Customer Mail Preparation andStandards, U.S. Postal Service, 475L’Enfant Plaza SW, Room 6830,Washington DC 20260–2405. Copies ofall written comments will be availableat the above address for inspection andphotocopying between 9 a.m. and 4p.m., Monday through Friday.FOR FURTHER INFORMATION CONTACT: LeoF. Raymond, (202) 268–5199.SUPPLEMENTARY INFORMATION: On April4, 1996, pursuant to its authority under39 U.S.C. 3621, et seq., the PostalService filed with the Postal RateCommission (PRC) a request for arecommended decision on several mailclassification reform proposals fornonprofit Periodicals and Standard Mail(Classification Reform II). The PRCdesignated the filing as Docket No.MC96–2. On April 11, 1996, the PRCpublished a notice of the filing, with adescription of the Postal Service’sproposals, in the Federal Register (61FR 16129–16146).

After an abbreviated proceeding thatwas made possible by settlementbetween many of the intervenors andthe Postal Service, the PRC issued itsOpinion and Recommended Decision onDocket No. MC96–2 on July 19, 1996. Inthat document, the PRC favorablyrecommended what the Postal Service

had proposed, with the exception ofthose provisions in the ClassroomPeriodicals rate schedule; the PRCreopened the record in Docket No.MC96–2 for further proceedings on thatcategory of mail. On August 6, 1996, theGovernors of the Postal Service acceptedthe Recommended Decision and theBoard of Governors set October 6, 1996,as the date on which the provisions ofDocket No. MC96–2 would take effect.A notice of the Decision of theGovernors is published elsewhere inthis issue of the Federal Register.

As stated in the Postal Service filing,the changes proposed in Docket No.MC96–2 deliberately mirrored thoseadopted by the Governors of the PostalService in Docket No. MC95–1. ThePostal Service correctly believed thatthis feature of its proposal wouldexpedite the ratemaking process andfacilitate simplified implementingstandards if the PRC’s RecommendedDecision substantially supported thePostal Service’s proposal and if thatRecommended Decision were approvedby the Governors and implemented bythe Board of Governors.

Until July 1, 1996 (theimplementation date for ClassificationReform I), rate eligibility and mailpreparation standards were generallysimilar for both commercial andnonprofit mail. After that date, newstandards took effect for commercialrate categories, while the preexistingrules were generally retained for the‘‘unreformed’’ nonprofit categoriespending the resolution of Docket No.MC96–2. In line with its proposal inDocket No. MC96–2, the Postal Serviceproposed revised Domestic Mail Manual(DMM) standards for nonprofit ratecategories that would substantivelyeliminate the preparation and rateeligibility distinctions betweencommercial and nonprofit mail thatwould exist after July 1, 1996.

The DMM standards that wereproposed to take effect to implementDocket No. MC96–2 were published forpublic comment in the Federal Registeron June 24, 1996 (61 FR 32606–32616).

No comments were received on theproposed rule. Accordingly, it isadopted without change as the finalrule, except that comments may besubmitted on the rate provisions forClassroom Periodicals.

Accordingly, the following units ofthe DMM are eliminated, having beenestablished solely to contain formergeneral standards that were applicableonly to nonprofit rate categories duringthe interim period beginning July 1:E239, E249, E639, E649, L001, L897,L898, L899, M690, M692, M693, M695,M696, M697, M698, M890, M891,

M892, M893, M894, M895, M896,M897, and M898. Sections of other unitsare also eliminated for the same reason,as shown in the detailed DMM textbelow.

In addition, the existing eligibilitystandards in E231 and E239 areconsolidated into E230, and existingE241 and E249 are consolidated intonew E240. The basic mail preparationstandards in M010 through M070, asamended in the proposed rule, are alsoimplemented as proposed for allnonprofit mail.

The DMM text presented belowreflects other organizational revisionsthat do not constitute substantivechanges: E621 through E625 areconsolidated into E620; E631 throughE634 are consolidated into E630; andE641 is redesignated as E640.

Most of the rates described below inthe revisions to DMM module R are Step4 rates, not the Step 6 ‘‘full’’ ratesshown in the Postal Service’s Request,recommended by the PRC, and acceptedby the Governors. ‘‘Full’’ rates aresubject to incremental implementation(phasing) under the provisions of 39U.S.C. 3642. For certain nonletterNonprofit Standard Mail, however, Step4 rates would conflict with theprovisions of subsection (d) of section3642. Consequently, the rates for suchmail (i.e., all pieces subject to Nonprofit3/5 and Enhanced Carrier Routenonletter rates) have been set at the Step6 ‘‘full’’ rates. Compared with thetentative rates published in the June 24Federal Register, this results in differentrates for all Nonprofit 3/5 and EnhancedCarrier Route rate nonletter-size pieces.Within the Nonprofit subclass, it alsoresults in a difference in pound ratesbetween Basic rate and 3/5 rate piecessubject to nonletter rates.

The ‘‘breakpoint’’ for NonprofitStandard Mail is also amended, basedon the rates in Docket No. MC96–2 andthe implementation of Step 6 rates asdiscussed above. (Standard Mail (A) issubject to postage at either a minimumrate per piece or a compound rateconsisting of a flat piece charge and apound charge that varies according tothe weight of the piece, whichever ishigher. The breakpoint is the calculatedpiece weight at or below which thepiece is subject to the minimum perpiece rate; above it, the piece/poundrate must be paid. Because thebreakpoint is based on the mathematicalrelationship of specific rate elements, itis adjusted whenever rates are changed.)The implementation of Step 6 rates hascaused a slight decrease from thebreakpoint for Nonprofit EnhancedCarrier Route Standard Mail rates


published in the proposed rule. Asshown below, that breakpoint is set at0.2084 pound (3.3348 ounces), 0.0036ounce less than in the proposed rule.

Because the PRC’s RecommendedDecision, as accepted and implementedby the Governors, excludes rate changesfor Classroom Periodicals that had beenproposed by the Postal Service, the ratesfor Classroom Periodicals in DMMmodule R are revised to reflect only theStep 4 rates separately scheduled to takeeffect October 6, 1996, as prescribed bythe Governors of the Postal Service.Under the same scheduled advancementto Step 4, revised rates for Library Mailalso take effect October 6, 1996.Although not part of Docket No. MC96–2 or this rulemaking, the revised LibraryMail rates are shown below asinformation to readers.

The PRC’s Recommended Decisionleaves the rate schedule for ClassroomPeriodicals unchanged, retaining ZIP+4Classroom rates. Because of thisdifference from what the Postal Servicehad proposed in its request and in theproposed rule, this final rule isamended to retain access to ZIP+4 ratesfor Classroom Periodicals in a way thatminimizes the impact of thoseprovisions on the Postal Service’s effortsto simplify DMM standards for rateeligibility and mail preparation.Therefore, the Postal Service adoptsstandards for ZIP+4 Classroom rate mailthat are different from those publishedin DMM Issue 50. Because thesestandards were not part of the June 24proposed rule, the Postal Service willaccept further comments on thosestandards from interested parties for anadditional 21 days.

In general, the Postal Serviceestablishes eligibility standards forZIP+4 Classroom rate mail that parallelthose for other automation ratePeriodicals. Mail preparation standardsfor ZIP+4 Classroom rate mail would beessentially similar to those forupgradable mail in other classes, excepta ZIP+4 code would be required in theaddress. The Postal Service anticipatesminimal adverse impact from thisproposal on the mailing community,given the applicability of ZIP+4 rates toonly letter-size pieces and the likelyabsence of a significant volume of letter-size mail in the Classroom Periodicalssubclass.

The Postal Service is also revising thestandard that prohibits the use of certainnonpaper, plastic-like materials (such asspun-bonded olefin) that do not acceptthe water-based ink used by the PostalService to spray barcodes on mail. Thecurrent prohibition applies to piecesclaimed at ZIP+4 rates, but ZIP+4 rateswere eliminated for First-Class Mail,

Regular Periodicals, and RegularStandard Mail in MC95–1, and acomparable proposal was advanced inMC96–2 for Preferred Periodicals andNonprofit Standard Mail. Nonetheless,the Postal Service remains interested inoptimizing its ability to ‘‘upgrade’’ (i.e.,spray a barcode on) that volume ofcustomer mail that was formerlyprepared to qualify for the ZIP+4 rates(e.g., compatible with automatedaddress recognition and automatedprocessing) and that will not hereafterbe barcoded before entry into themailstream. For that reason, theimplementing standards for MC95–1and those adopted by this notice forMC96–2 prescribe simpler preparationstandards for ‘‘upgradable’’ mail thanfor other nonupgradable pieces. Becausethe Postal Service seeks to barcode thismail by means similar to those used forZIP+4 rate mail, the Postal Service willcontinue to ban the use of certainnonpaper envelope materials for‘‘upgradable’’ mail as it does now forZIP+4 rate pieces. This ban isrepresented by the revision to C830.6.2shown below.

All references to DMM sectionsshown in this rule are based on DMMIssue 50 (July 1, 1996).

List of Subjects in 39 CFR Part 111Postal Service.For the reasons discussed above, the

Postal Service hereby adopts thefollowing amendments to the DomesticMail Manual, which is incorporated byreference in the Code of FederalRegulations (see 39 CFR part 111).

PART 111—[AMENDED]


Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,401, 403, 404, 3001–3011, 3201–3219, 3403–3406, 3621, 3626, 5001.

2. Revise the following sections of theDomestic Mail Manual as set forthbelow:

A Addressing

A000 Basic Addressing

A010 General Addressing Standards

* * * * *

4.0 Return Address

* * * * *[Revise the heading and text of 4.5 toread as follows:]

4.5 Upgradable MailThe return address on upgradable

mail must be outside the OCR read area.If placed on the front of the mailpiece,the return address must be in the top

left corner. It must extend no fartherthan half the length of the piece fromthe left edge and no lower than one-third the height of the piece from thetop edge (see Exhibit 4.5).* * * * *

A800 Addressing for Automation

1.0 Accuracy

1.1 Basic Standards[Revise 1.1 to read as follows:]

To qualify for automation rates,addresses must be sufficiently completeto enable matching to the current USPSZIP+4 File when used with currentCASS-certified address matchingsoftware. Standardized addresselements are not required.* * * * *[Revise the heading of A900 to read asfollows:]

A900 Customer Support

* * * * *

A950 Coding Accuracy SupportSystem (CASS)

* * * * *

3.0 Date of Address Matching andCoding

3.1 Update Standards[Amend 3.1 by revising the secondsentence to read as follows:]

* * * Coding must be done within90 days before the mailing date for allcarrier route mailings and within 180days before the mailing date for all non-carrier route automation ratemailings. * * ** * * * *

C Characteristics and Content

* * * * *

C800 Automation-Compatible Mail

C810 Letters and Cards

* * * * *

2.0 Dimensions

* * * * *[Revise the heading of 2.3 to read asfollows:]

2.3 Maximum Weight[Revise 2.3 to read as follows:]

Maximum weight limits are asfollows:

a. 2.5 ounces: upgradable PresortedFirst-Class Mail, ZIP+4 ClassroomPeriodicals, and upgradablenonautomation Standard Mail.

b. 3 ounces: automation First-ClassMail, automation Periodicals, andautomation Standard Mail.

c. 3.3062 ounces: automationEnhanced Carrier Route heavy letters,subject to 7.5.


d. 3.3087 ounces: automation RegularStandard Mail heavy letters, subject to7.5.

e. 3.3348 ounces: automationNonprofit Enhanced Carrier Routeheavy letters, subject to 7.5.

f. 3.3407 ounces: automation First-Class Mail, automation Periodicals, andautomation Nonprofit Standard Mailheavy letters, subject to 7.5.* * * * *

8.0 Enclosed Reply Cards andEnvelopes

8.1 Basic Standard

[Revise 8.1 to read as follows:]Effective January 1, 1997 (or March 1,

1997, for Preferred Periodicals andNonprofit Standard Mail), all letter-sizereply cards and envelopes (businessreply, courtesy reply, and metered replymail) provided as enclosures inautomation First-Class Mail, automationPeriodicals, and automation StandardMail (A), and addressed for return to adomestic delivery address, must meetthe applicable standards in 1.0 through7.0, bear a facing identification mark(FIM) meeting the standards in 8.2, andbear the correct delivery point barcode(or, for business reply mail (BRM), thecorrect ZIP+4 barcode) for the deliveryaddress on the reply piece as defined bythe USPS and subject to the barcodestandards in C840. The mailer mustcertify that these standards have beenmet when the corresponding mail (inwhich the reply pieces are enclosed) ispresented to the USPS. BRM piecesmust also meet the applicable standardsin S922.* * * * *

C830 OCR Standards

* * * * *

6.0 USPS Water-based Barcode Ink

* * * * *

6.2 Nonpaper Material

[Revise 6.2 to read as follows:]Certain nonpaper, plastic-like

material (such as spun-bonded olefin) isnot acceptable for upgradable piecesunless approved by USPS Engineering.* * * * *[Revise the heading of C840 to read asfollows:]

C840 Barcoding Standards

* * * * *

2.0 Barcode Location—Letter-SizePieces

2.1 Barcode Clear Zone

[Amend 2.1 by revising the first sentenceto read as follows:]

Each letter-size piece in an automationrate mailing, each piece of ZIP+4Classroom Periodicals, and each pieceof upgradable Presorted First-Class Mailor upgradable Standard Mail (A) musthave a barcode clear zone unless thepiece bears a DPBC in the address block.* * *

2.2 General Standards

[Replace 2.2, 2.2a, 2.2b, and 2.2c withnew 2.2 to read as follows:]

In automation rate mailings, piecesweighing 3 ounces or less may bear aDPBC either in the address block or inthe barcode clear zone; pieces weighingmore than 3 ounces (up to the maximumweight permitted by C810) must bear aDPBC in the address block.* * * * *[Revise the heading of 8.0 to read asfollows:]

8.0 5-Digit and ZIP+4 Barcodes

8.1 Automation Pieces

[Replace 8.1, 8.1a, 8.1b, and 8.1c withnew 8.1 to read as follows:]

Except under 8.3, letter-size pieces inautomation rate mailings may not beara 5-digit or ZIP+4 barcode in the lowerright corner (barcode clear zone); suchpieces may bear a 5-digit or ZIP+4barcode in the address block only if aDPBC appears in the lower right corner.Except under 8.3, flat-size pieces maynot bear a 5-digit barcode.* * * * *

8.3 Temporary Exception toBarcoding

[Revise 8.3 to read as follows:]Until January 1, 1997, up to 10% of

the pieces in an automation Periodicalsmailing of flat-size pieces may beprepared with only a 5-digit barcode(subject to C840); and up to 10% of thepieces in an automation Periodicalsmailing of letter-size pieces may beprepared without a barcode or with onlya ZIP+4 barcode (subject to C840).Pieces within this 10% allowance mustbe combined and presorted with the restof the mailing, with postage paid at theapplicable nonautomation Periodicalsrate and supported by documentationunder former M893 (letters) or M897(flats).* * * * *

E Eligibility

* * * * *

E200 Periodicals

E210 Basic Standards

E211 All Periodicals

* * * * *

14.0 Basic Rate Eligibility


14.3 Adjustments and Discounts

[Replace 14.3, 14.3a, 14.3b, 14.3c, and14.3d with new 14.3 to read as follows:]

Postage for Periodicals is reduced byall applicable adjustments anddiscounts. The nonadvertisingadjustment applies to the outside-county piece rate charges and iscomputed under P013. Presort andautomation discounts are availableunder E230 and E240, respectively.Destination entry discounts areavailable under E250 for copies enteredat specific USPS facilities.* * * * *

E230 Nonautomation Rates

[Remove E239 and redesignate E231 asE230.]

1.0 General Information

1.1 Standards

[Amend 1.1 by replacing the reference‘‘M210’’ with ‘‘M200’’ to read asfollows:]

The standards for presort rates are inaddition to the basic standards forPeriodicals in E210, the standards forother rates or discounts claimed, andthe applicable preparation standards inM200, M810, or M820. Not allcombinations of presort level,automation, and destination entrydiscounts are permitted.* * * * *

2.0 Carrier Route Rates

* * * * *

2.2 Eligibility

[Amend 2.2 by replacing the reference‘‘M210’’ with ‘‘M200’’ in theintroductory text to read as follows:]

Preparation to qualify eligible piecesfor carrier route rates is optional and issubject to M200. Carrier route sort neednot be done for all carrier routes in a 5-digit area. Specific rate eligibility issubject to these standards:* * * * *

3.0 3/5 Rates

[Amend 3.0 by revising the introductorytext to read as follows:]

Subject to M200, 3/5 rates apply topieces not claimed at in-county rates, asfollows:* * * * *

4.0 Basic Rates

[Revise 4.0 to read as follows:]


Basic rates apply to pieces preparedunder M200 but not claimed at CarrierRoute or 3/5 rates.[Redesignate current 5.0 and 6.0 as 6.0and 7.0, respectively, and revise internalreferences accordingly; add new 5.0 toread as follows:]

5.0 In-County Rates

In-county Basic rates apply to allpieces eligible for in-county rates thatare not also eligible under 2.0 for in-county Carrier Route rates.* * * * *

E240 Automation Rates

[Remove E249 and redesignate E241 asE240.]

1.0 Basic Standards

1.1 All Pieces


Except for Classroom Periodicalsunder 3.0, all pieces in an automationPeriodicals mailing must:* * * * *

1.2 Enclosed Reply Cards andEnvelopes

[Revise 1.2 to read as follows:]Effective January 1, 1997 (or March 1,

1997, for Preferred Periodicals), allletter-size reply cards and envelopes(business reply, courtesy reply, andmetered reply mail) provided asenclosures in automation Periodicals,and addressed for return to a domesticdelivery address, must meet thestandards in C810 for enclosed replycards and envelopes. The mailer mustcertify that this standard has been metwhen the corresponding mail (in whichthe reply pieces are enclosed) ispresented to the USPS.

1.3 Temporary Exception toBarcoding

[Revise 1.3 to read as follows:]Until January 1, 1997, up to 10% of

the pieces in an automation Periodicalsmailing of flat-size pieces may beprepared with only a 5-digit barcode(subject to C840); and up to 10% of thepieces in an automation Periodicalsmailing of letter-size pieces may beprepared without a barcode or with onlya ZIP+4 barcode (subject to C840).Pieces within this 10% allowance mustbe combined and presorted with the restof the mailing, with postage paid at theapplicable nonautomation Periodicalsrate and supported by documentationunder former M893 (letters) or M897(flats).[Revise the heading of 2.0 to read asfollows:]

2.0 Rate Application—ExceptClassroom Periodicals

[Redesignate current 2.1a, 2.1b, and2.1c as 2.1b, 2.1d, and 2.1e,respectively, and revise redesignated2.1b and add new 2.1a and 2.1c to readas follows:]

2.1 Letters

Automation rates apply to each letter-size piece that is sorted under M810into the corresponding qualifyinggroups:

a. Groups of 150 or more pieces in 5-digit trays qualify for the 5-digitautomation in-county rate.

b. Groups of 150 or more pieces in 5-digit or unique 3-digit trays qualify forthe 3/5 automation Regular or Nonprofitrate, as applicable.

c. Groups of 150 or more pieces inunique 3-digit trays qualify for the 3-digit automation in-county rate.

d. Pieces for a unique 3-digitdestination that is part of a 3-digitscheme group in L003 qualify for the 3/5 automation rate when placed in a 3-digit scheme tray if grouped separatelyfrom pieces for other 3-digit areas.

e. Groups of fewer than 150 pieces inorigin/entry 3-digit/scheme trays andgroups of 150 or more pieces in other 3-digit, 3-digit scheme, or AADC trays andall pieces in mixed AADC trays qualifyfor the Basic automation rate.* * * * *[Add new 3.0 to read as follows:]

3.0 Classroom Periodicals

3.1 ZIP+4 Rates

ZIP+4 Classroom Periodicals mustmeet the basic standards in 1.1a through1.1f and 1.2, except each piece mustmeet the physical standards for letter-size mail in C810 and the standards forOCR processing in C830, must bear thecorrect ZIP+4 code in the address, andmust have address elements in thestandardized format placed in the OCRread area, under A010. ZIP+4 ratesapply to each letter-size piece that issorted under M810 into thecorresponding qualifying groups:

a. Groups of 150 or more pieces in 5-digit or unique 3-digit trays qualify forthe 3/5 ZIP+4 rate.

b. Groups of fewer than 150 pieces inorigin/entry 3-digit trays and groups of150 or more pieces in other 3-digit orAADC trays, and all pieces in mixedAADC trays qualify for the Basic ZIP+4rate.

3.2 Barcoded Rates

Barcoded Classroom Periodicals mustmeet the basic standards in 1.0.Barcoded rates apply to each letter-size

piece that is sorted under M810 into thecorresponding qualifying groups:

a. Groups of 150 or more pieces in 5-digit trays qualify for the 5-digitBarcoded rate.

b. Groups of 150 or more pieces inunique 3-digit trays qualify for the 3-digit Barcoded rate.

c. Pieces for a unique 3-digitdestination that is part of a 3-digitscheme group in L003 qualify for the 3-digit Barcoded rate when placed in a 3-digit scheme tray if grouped separatelyfrom pieces for other 3-digit areas.

d. Groups of fewer than 150 pieces inorigin/entry 3-digit/scheme trays andgroups of 150 or more pieces in other 3-digit, 3-digit scheme, or AADC trays andall pieces in mixed AADC trays qualifyfor the Basic Barcoded rate.

E250 Destination Entry[Amend 2.1 by replacing the reference‘‘M210’’ with ‘‘M200’’ and by removingthe phrase ‘‘or Level I or K’’; no otherchange to text.]* * * * *

E600 Standard Mail

E610 Basic Standards

* * * * *

E612 Additional Standards forStandard Mail (A)

* * * * *

4.0 Bulk Rates

* * * * *

4.2 Minimum Per Piece Rates[Revise 4.2 to read as follows:]

The minimum per piece rates (i.e., theminimum postage that must be paid foreach piece) apply to Enhanced CarrierRoute rate pieces weighing no morethan 0.2066 pound rounded (3.3062ounces rounded); Regularnonautomation and automation ratepieces weighing no more than 0.2068pound rounded (3.3087 ouncesrounded); Nonprofit Enhanced CarrierRoute rate pieces weighing no morethan 0.2084 pound rounded (3.3348ounces rounded); and Nonprofitnonautomation and automation ratepieces weighing no more than 0.2088pound rounded (3.3407 ouncesrounded). The base postage rate appliesto pieces meeting minimum preparationstandards (e.g., Basic rate) and may bereduced if additional standards are met.In applying the minimum per piecerates, mail is categorized as either lettersor other than letters, based on whetherthe mail meets the letter-size standardin C050. That standard disregardsaddress placement, except that, forautomation rates, mail may be assignedto the other than letters category based


on the standards in C820. Addressplacement is also used to apply theaspect ratio standard in C810 to letter-size automation rates.* * * * *

4.7 Annual Fees

[Replace 4.7, 4.7a, and 4.7b with new4.7 to read as follows:]

Bulk rate Standard Mail (A) is subjectto an annual mailing fee once each 12-month period. The fee may be paid inadvance only for the next year and onlyduring the last 30 days of the currentservice period. The fee charged is thatin effect on the date of payment. Eachmailer who enters mail at bulk ratespaid with meter or precanceled stampsmust pay an annual bulk mailing fee ateach post office of mailing; a mailerpaying this fee may enter clients’ mailas well as the mailer’s own. The mailerwhose permit imprint appears on piecesin a mailing paid with a permit imprintmust show that permit number on thepostage statement and must pay theannual bulk mailing fee for that permit;this fee is in addition to the fee for anapplication to use permit imprints.* * * * *

4.9 Preparation

[Amend 4.9 by revising the introductorytext and 4.9c to read as follows:]

Each bulk rate mailing is subject tothese general standards:* * * * *

c. The same mailing may not containboth automation and nonautomationrate pieces.* * * * *

E620 Nonautomation NonpresortRates

[Redesignate E621 as E620.1.0; revise toread as follows:]

1.0 Single-Piece Standard Mail (A)

[Redesignate E621.1.1 through 1.6 asE620.1.1 through 1.6, respectively; noother change to text.][Redesignate E622 as E620.2.0 andrevise internal references accordingly;revise to read as follows:]

2.0 Parcel Post

[Redesignate chart under 2.1 as Exhibit2.4, with the heading ‘‘BMC/ASF ServiceAreas,’’ and revise redesignated 2.1 toread as follows:]

2.1 Basic Standards

Any Standard Mail (B) matter may bemailed at parcel post rates, subject tothe basic standards in E611 and E613.[Redesignate E622.1.2 and 1.3 asE620.2.2 and 2.3, respectively.]* * * * *

[Redesignate E622.2.0, 3.0, and 4.0 asE620.2.4, 2.5, and 2.6, respectively, andrevise internal references accordingly;no other change to text.]

2.4 Rate Eligibility

[Add introductory text to redesignatedE620.2.4 to read as follows:]

Parcel post rates are based on the zoneto which the parcel is addressed; theweight of the parcel; and whether theparcel is mailed and delivered eitherwithin the service area of the same bulkmail center (BMC) or auxiliary servicefacility (ASF) (as shown in Exhibit 2.4)or within another designated servicearea. Specific rates and discounts aresubject to these additional standards:[Redesignate E622.2.1 through 2.5 asE620.2.4a through 2.4e, respectively,and revise internal referencesaccordingly; no other change to text.]* * * * *

2.5 Nonmachinable Surcharge


The nonmachinable surcharge appliesonly to the items listed in 2.5a through2.5i if mailed at the inter-BMC/ASFparcel post rates and no special deliveryor special handling fee is paid. Thenonmachinable surcharge applies toitems within these categories:[Remove the introductory text ofE622.3.2 and redesignate E622.3.2athrough 3.2i as E620.2.5a through 2.5i,respectively.]* * * * *

2.6 Fees


Parcel post is subject to these fees, asapplicable:[Redesignate E622.4.1 and 4.2 asE620.2.6a and 2.6b, respectively.]* * * * *[Redesignate E623 as E620.3.0.]

3.0 Bound Printed Matter

[Redesignate E623.1.1 through 1.4 asE620.3.1 through 3.4, respectively.][Redesignate E624 as E620.4.0.] 4.0 Special Standard Mail[Redesignate E624.1.1 through 1.4 asE620.4.1 through 4.4, respectively, andrevise internal references accordingly;no other change to text.][Redesignate E625 as E620.5.0.]

5.0 Library Mail

[Redesignate E625.1.1 through 1.7 asE620.5.1 through 5.7, respectively, andrevise internal references accordingly;no other change to text.]

E630 Nonautomation Presort Rates

[Remove E639; redesignate E631through E634 as E630.1.0 through 4.0,respectively, and revise as follows:]

1.0 Regular and Nonprofit StandardMail

[Redesignate E631.1.0 through 3.0 asE630.1.1 through 1.3, respectively; inredesignated 1.1 and 1.2, replace theterm ‘‘Regular Standard Mail’’ with‘‘Regular or Nonprofit Standard Mail’’;in redesignated 1.3, replace the term‘‘Regular rates’’ with ‘‘Regular andNonprofit rates’’; no other change totext.]

2.0 Enhanced Carrier Route StandardMail

[Redesignate E632.1.1 through 1.7 asE630.2.1 through 2.7, respectively; inredesignated 2.3, replace the reference‘‘E641’’ with ‘‘E640’’; redesignateE632.2.1 and 2.2 as E630.2.8 and 2.9,respectively; revise the heading ofredesignated 2.8 to read as ‘‘BasicRates’’; in redesignated 2.9, replace thereference ‘‘1.6 and 1.7’’ with ‘‘2.6 and2.7’’; no other change to text.]

3.0 Bulk Bound Printed Matter

[Redesignate E633.1.1 and 1.2 asE630.3.1 and 3.2, respectively; inredesignated 3.1, replace the phrase‘‘basic standards in E623’’ with ‘‘basicstandards for bound printed matter inE620’’; in redesignated 3.2b, replace thereference ‘‘1.2a’’ with ‘‘3.2a’’; no otherchange to text.]

4.0 Presorted Special Standard Mail

[Redesignate E634.1.0 and 2.1 through2.5 as E630.4.1 and 4.2 through 4.6,respectively.]

E640 Automation Rates

[Remove E649; redesignate E641 asE640; in 1.3, replace the term ‘‘Regularautomation rates’’ with ‘‘Automationrates’’; in 1.4, replace the term ‘‘Regularautomation rates’’ with ‘‘Automationrates.’’][Revise the heading of 1.0 to read asfollows:]

1.0 Regular and Nonprofit Rates

1.1 All Pieces

[Amend 1.1 by revising the introductorytext and 1.1b to read as follows:]

All pieces in an automation rateRegular or Nonprofit Standard mailingmust:* * * * *

b. Be part of a single mailing of atleast 200 pieces or 50 pounds of piecesof automation rate Standard Mail


(Regular and Nonprofit mailings mustmeet separate minimum volumes).* * * * *

1.2 Enclosed Reply Cards andEnvelopes[Revise 1.2 to read as follows:]

Effective January 1, 1997 (or March 1,1997, for Nonprofit Standard Mail), allletter-size reply cards and envelopes(business reply, courtesy reply, andmetered reply mail) provided asenclosures in automation Regular orNonprofit Standard Mail, and addressedfor return to a domestic deliveryaddress, must meet the standards inC810 for enclosed reply cards andenvelopes. The mailer must certify thatthis standard has been met when thecorresponding mail (in which the replypieces are enclosed) is presented to theUSPS.* * * * *[Revise the heading of 2.0 to read asfollows:]

2.0 Enhanced Carrier Route Rates

2.1 All Pieces[Amend 2.1 by revising the introductorytext and 2.1b to read as follows:]

All pieces in an automation rateEnhanced Carrier Route Standardmailing (available for letters only) must:* * * * *

b. Be part of a single mailing of atleast 200 pieces or 50 pounds of piecesof automation rate Enhanced CarrierRoute Standard Mail (Regular andNonprofit mailings must meet separateminimum volumes).* * * * *

2.4 Enclosed Reply Cards andEnvelopes[Revise 2.4 to read as follows:]

Effective January 1, 1997 (or March 1,1997, for Nonprofit Enhanced CarrierRoute Standard Mail), all letter-sizereply cards and envelopes (businessreply, courtesy reply, and metered replymail) provided as enclosures inautomation Enhanced Carrier RouteStandard Mail, and addressed for returnto a domestic delivery address, mustmeet the standards in C810 for enclosedreply cards and envelopes. The mailermust certify that this standard has beenmet when the corresponding mail (inwhich the reply pieces are enclosed) ispresented to the USPS.* * * * *

E650 Destination Entry

* * * * *

E652 Parcel Post[In 1.4, replace the reference ‘‘E622’’with ‘‘E620’’; no other change to text.]

E670 Nonprofit Standard Mail

1.0 Basic Standards

1.1 Organization Eligibility


Only organizations that meet thestandards in 2.0 or 3.0 and that havereceived specific authorization from theUSPS may mail eligible matter at anyNonprofit Standard Mail rate, includingNonprofit Enhanced Carrier Route rates.* * * * *

L Labeling Lists

[Remove L001, L897, L898, and L899.]

M Mail Preparation and Sortation

M000 General Preparation Standards

M010 Mailpieces

M011 Basic Standards

[Revise the heading of 1.0 to read asfollows:]

1.0 Terms and Conditions

* * * * *

1.2 Presort Levels

[Amend 1.2 by revising 1.2d, 1.2h, and1.2i to read as follows:]

Terms used for presort levels aredefined as follows:* * * * *

d. 3-digit: the ZIP Code in the deliveryaddress on all pieces begins with thesame three digits (see L002, Column A).* * * * *

h. SCF: the separation includes piecesfor two or more 3-digit areas served bythe same SCF (see L005), except that,where required or permitted bystandard, mail for a single 3-digit areamay be prepared in an SCF separationwhen no mail for other 3-digit ZIP Codeareas is available.

i. ADC/AADC: all pieces areaddressed for delivery in the servicearea of the same ADC or AADC (seeL004 or L801).* * * * *

1.4 Mailing

[Revise 1.4 to read as follows:]A mailing is a group of pieces within

the same class of mail and processingcategory that may be sorted togetherunder the applicable standards. Otherspecific standards may define whetherseparate mailings may be combined,palletized, reported, or depositedtogether. The following types of mailmay not be part of the same mailingdespite being in the same class andprocessing category: automation andnonautomation mail; automation rateEnhanced Carrier Route and other mail;any combination of Enhanced Carrier

Route, Regular, Nonprofit, and/orNonprofit Enhanced Carrier RouteStandard Mail.* * * * *

M013 Optional Endorsement Lines

1.0 Use

1.1 Basic Standards

[Amend 1.1 by removing in the chart theentries for Optional City and Working;by revising the parenthetical termsfollowing the first entry for Carrier Routeto read as only ‘‘(Periodicals)’’; byrevising the parenthetical termsfollowing the entry for SCF to read asonly ‘‘(bound printed matter)’’; and byremoving the parenthetical phrase‘‘(Except Preferred Periodicals andNonprofit Standard Mail)’’ following theentries for AADC and Mixed AADC.]* * * * *

1.4 Rate Markings

[Amend 1.4 by replacing the term‘‘automation Regular Standard Mail’’with ‘‘automation Standard Mail.’’]* * * * *

M014 Carrier Route Information Lines

1.0 Basic Information

[Amend 1.0 by replacing the terms‘‘carrier route and Level I/K Periodicals’’with ‘‘Carrier Route Periodicals.’’]* * * * *

M020 Packages and Bundles

[Remove 2.0; redesignate 3.0 and 4.0 as2.0 and 3.0, respectively; revise theheading of redesignated 2.0 as‘‘Additional Standards’’ First-ClassMail, Periodicals, and Standard Mail(A)’’; amend redesignated 2.1c byreplacing the terms ‘‘Regular StandardMail’’ with ‘‘Standard Mail (A)’’ and‘‘Regular Periodicals’’ with‘‘Periodicals’’; no other change to text.]

M030 Containers

M031 Labels

* * * * *

4.0 Pallet Labels

* * * * *

4.8 Delivery Unit, SCF, DDU, andDSCF Rates

[Revise 4.8 to read as follows:]If a 5-digit, 3-digit, or SCF pallet

contains copies claimed at Periodicalsdelivery unit and SCF zone rates, orStandard Mail DDU and DSCF rates, asapplicable, the content line of the palletlabel must show the designation ‘‘DDU/SCF,’’ after the content description.* * * * *


M032 Barcoded Labels

1.0 Barcoded Tray Labels

1.1 Standards

[Revise 1.1 to read as follows:]Effective January 1, 1997, barcoded

tray labels are required for all mailingsof automation rate First-Class Mail flat-size pieces and automation rate First-Class Mail, Periodicals, and StandardMail (A) letter-size pieces. Barcodedtray labels may be used before that dateand may be used for other trayed mail.Mailer-produced barcoded tray labelsmust meet the standards below.Revisions to preprinted barcoded labels(e.g., handwritten changes) are notpermitted.* * * * *

2.0 Barcoded Sack Labels

2.1 Standards

[Revise 2.1 to read as follows:]Effective January 1, 1997, barcoded

sack labels are required for all mailingsof automation rate Periodicals andStandard Mail (A) flat-size piecesprepared in sacks. Barcoded sack labelsmay be used before that date and maybe used for other sacked mail. Mailer-produced barcoded sack labels mustmeet the standards below. Revisions topreprinted barcoded labels (e.g.,handwritten changes) are not permitted.* * * * *

M033 Sacks and Trays

[In 1.2a, replace the terms ‘‘RegularPeriodicals, and Regular and EnhancedCarrier Route Standard Mail (A)’’ with‘‘Periodicals, and bulk rate StandardMail (A)’’; remove the last sentence of1.2f; in 1.4, remove the phrase andclause ‘‘except for Preferred Periodicalsand Nonprofit Standard Mail, which arecovered in 3.0 and 4.0’’; in 1.7, replacethe phrase ‘‘Except for NonprofitStandard and Preferred Periodicalsmailings, after’’ with ‘‘After’’; revise theheading of 2.0 to read as ‘‘First-ClassMail, Periodicals, and Bulk RateStandard Mail (A)’’; remove 3.0 and 4.0;no other change to text.]

M040 Pallets

* * * * *

M045 Palletized Mailings

* * * * *

2.0 Packages

* * * * *

2.2 Size—Periodicals

[Amend 2.2 by replacing the references‘‘M210 and M290’’ in 2.2a with ‘‘M200’’to read as follows:]

Package size: Six-piece minimum, 20-pound maximum, except that:

a. Firm packages may contain as fewas two copies of a publication and donot have to be consolidated into bundleswith other packages to the same 5-digitdestination. A firm ‘‘package‘‘ may becounted as one piece for presortstandards (see M200).* * * * *[Remove 8.0 and renumber 9.0 as 8.0with no change to text.][Revise the heading of M050 to read asfollows:]

M050 Delivery Sequence[Amend 1.1 by replacing the references‘‘M290 or M693’’ with ‘‘M200 or M620’’;no other change to text.]

M070 Mixed Classes

* * * * *

M073 Combined Mailings of StandardMail Machinable Parcels[Amend 1.1 by replacing the term‘‘Regular Standard Mail (A)’’ with‘‘Standard Mail (A).’’]* * * * *

M200 Periodicals (Nonautomation)[Remove M290; redesignate M210 asM200; amend 1.1, 1.2, and 2.3 (headingand text) by replacing the term ‘‘RegularPeriodicals’’ with ‘‘Periodicals.’’]* * * * *

M600 Standard Mail (Nonautomation)[Revise the heading of M610 to read asfollows:]

M610 Single-Piece andNonautomation Standard Mail (A)


2.0 Basic Standards—NonautomationRates

2.1 All Mailings[Amend 2.1 by revising the introductorytext, 2.1a, and 2.1e to read as follows:]

All nonautomation (Basic and 3/5)rate mailings are subject to these generalstandards (automation rate StandardMail must be prepared under M810 orM820, as applicable):

a. Each mailing must meet theapplicable standards in E630 and inM010, M020, and M030.* * * * *

e. Subject to M012, all pieces eligiblefor and claimed at Nonprofit rates mustbe marked ‘‘Nonprofit Organization’’ (or‘‘Nonprofit Org.’’ or ‘‘Nonprofit’’); allother pieces must be marked ‘‘BulkRate’’ (or ‘‘Blk. Rt.’’). In addition, piecesmay be marked ‘‘Single-Piece’’ (or

‘‘SNGLP’’) under P600 to correct anincorrect rate marking.* * * * *

2.3 Exception—Standard Mail (A)[In 2.3, replace the terms ‘‘RegularStandard Mail’’ with ‘‘Standard Mail’’and ‘‘Regular nonletter nonautomation’’with ‘‘nonletter nonautomation.’’]* * * * *[Revise the heading of 3.0 to read asfollows:]

3.0 Basic Preparation—NonautomationRate Letter-Size Pieces


4.0 Optional Preparation—UpgradableNonautomation Rate Letter-Size Pieces


5.0 Preparation—Nonautomation RateFlat-Size Pieces and all Irregular Parcels


6.0 Machinable Parcels


7.0 Bedloaded Bundles ofNonautomation Rate Flat-Size Pieces[Amend 7.1 by replacing the term‘‘Regular nonautomation rate StandardMail (A)’’ with ‘‘nonautomation rateStandard Mail (A)’’; no other change totext.]

M620 Enhanced Carrier RouteStandard Mail

1.0 Basic Standards

1.1 All Mailings[Amend 1.1 by revising 1.1a and 1.1e toread as follows:]

All nonautomation rate EnhancedCarrier Route mailings are subject tothese general standards (automation rateEnhanced Carrier Route mailings mustbe prepared under M810):

a. Each mailing must meet theapplicable standards in E630 and inM010, M020, and M030.* * * * *

e. Subject to M012, all pieces eligiblefor and claimed at Nonprofit rates mustbe marked ‘‘Nonprofit Organization’’ (or‘‘Nonprofit Org.’’ or ‘‘Nonprofit’’); allother pieces must be marked ‘‘BulkRate’’ (or ‘‘Blk. Rt.’’). In addition, Basic,High Density, and Saturation rate piecesmust each be marked ‘‘ECRLOT,’’‘‘ECRWSH,’’ or ‘‘ECRWSS,’’


respectively. Pieces not claimed at thecorresponding rate must not be marked‘‘ECRLOT,’’ ‘‘ECRWSH,’’ or ‘‘ECRWSS’’unless single-piece rate postage isaffixed or a corrective single-piece ratemarking is applied under P600.* * * * *

1.4 Exception—Standard Mail (A)[Revise 1.4 to read as follows:]

When the size of the pieces in aStandard Mail (A) mailing job enablesthem to qualify for Standard Mailautomation rates as either letters or flats,if part of the job is prepared aspalletized flats at automation rates forflats, the remainder may be prepared aspalletized flats at Enhanced CarrierRoute nonletter rates and nonletternonautomation rates if the number ofnonletter nonautomation rate piecesdoes not exceed 10% of the totalnumber of pieces in the entire mailingjob.* * * * *

5.0 Residual Mail[Amend 5.0 by replacing the term‘‘Regular Standard Mail rates’’ with‘‘Regular or Nonprofit Standard Mailrates, as appropriate’’ to read asfollows:]

Pieces not sorted under 2.0 and either3.0 or 4.0 must be prepared as a separatemailing at Regular or NonprofitStandard Mail rates, as appropriate.* * * * *[Remove M690, M692, M693, M695,M696, M697, and M698.]

M800 All Automation Mail[Revise the heading of M810 to read asfollows:]

M810 Letter-Size Mail

1.0 Basic Standards

1.1 Standards[Amend 1.1 by replacing the term‘‘Regular Periodicals’’ with‘‘Periodicals’’ in the first sentence toread as follows:]

Letter-size automation rate First-ClassMail, Periodicals, and Standard Mail (A)must be prepared under M810 and theeligibility standards for the rateclaimed.* * *

1.2 Mailings[Amend 1.2 by adding the followingsentence to the end of the section toread as follows:]

* * * A Periodicals mailing may notcontain both ZIP+4 Classroom piecesand any other automation ratePeriodicals.

1.3 Marking[Revise 1.3 to read as follows:]

Except for Periodicals (which requireno markings), all pieces must be marked(subject to M012) ‘‘AUTO’’ or‘‘AUTOCR’’ for carrier route rate) and,as appropriate, ‘‘Presorted’’ and ‘‘First-Class’’ if First-Class Mail; ‘‘NonprofitOrganization’’ (or ‘‘Nonprofit Org.’’ or‘‘Nonprofit’’) if Nonprofit or NonprofitEnhanced Carrier Route Standard Mail;or ‘‘Bulk Rate’’ (or ‘‘Blk. Rt.’’) if Regularor Enhanced Carrier Route StandardMail. Pieces not claimed at automationrates must not be marked ‘‘AUTO’’ or‘‘AUTOCR’’ unless single-piece ratepostage is affixed or a corrective single-piece rate marking is applied underP100 or P600.* * * * *

1.5 Carrier Route

[Amend 1.5 by replacing the reference‘‘E641’’ with ‘‘E640.’’]

1.6 Scheme Sortation

[Amend 1.6 by adding the followingsentence to the end of the section toread as follows:]

* * * Scheme sortation is notavailable for ZIP+4 ClassroomPeriodicals.* * * * *

3.0 Preparation—Periodicals

3.1 Tray Preparation

[Amend 3.1 by revising 3.1b to read asfollows:]

Tray size, preparation sequence, andlabeling:* * * * *

b. 3-digit/scheme (3-digit only forZIP+4 Classroom Periodicals): required(150-piece minimum except nominimum for required origin/optionalentry 3-digit(s)/scheme); overflowallowed; for Line 1, use L002, ColumnB (except use L002, Column A, forZIP+4 Classroom Periodicals).* * * * *

3.2 Line 2

[Revise 3.2 to read as follows:]Line 2: PER or NEWS (as appropriate)

LTRS BC (except LTRS UPGR for ZIP+4Classroom Periodicals) and:

a. For scheme trays: SCHEME (or asshown in L002, Column B).

b. For mixed AADC trays: WKG.

4.0 Documentation

[Amend 4.0 by replacing the reference‘‘M210’’ with ‘‘M200.’’][Revise the heading of M820 to read asfollows:]

M820 Flat-Size Mail

1.0 Basic Standards

1.1 Standards

[Amend 1.1 by revising the first sentenceto read as follows:]

Flat-size automation rate First-ClassMail, Periodicals, and Standard Mail (A)must be prepared under M820 and theeligibility standards for the rateclaimed.* * ** * * * *

1.4 Marking

[Revise 1.4 to read as follows:]Except for Periodicals (which require

no markings), all pieces must be marked(subject to M012) ‘‘AUTO’’ and, asappropriate, ‘‘Presorted’’ and ‘‘First-Class’’ if First-Class Mail; ‘‘NonprofitOrganization’’ (or ‘‘Nonprofit Org.’’ or‘‘Nonprofit’’) if Nonprofit StandardMail; or ‘‘Bulk Rate’’ (or ‘‘Blk. Rt.’’) ifRegular Standard Mail. Pieces notclaimed at automation rates must not bemarked ‘‘AUTO’’ unless single-piecerate postage is affixed or a correctivesingle-piece rate marking is appliedunder P100 or P600.

1.5 Exception—Standard Mail (A)

[Revise 1.5 to read as follows:]When the size of the pieces in a

Standard Mail (A) mailing job enablesthem to qualify for Standard Mailautomation rates as either letters or flats,if part of the job is prepared aspalletized flats at automation rates forflats, the remainder may be prepared aspalletized flats at Enhanced CarrierRoute nonletter rates and nonletternonautomation rates if the number ofnonletter nonautomation rate piecesdoes not exceed 10% of the totalnumber of pieces in the entire mailingjob.* * * * *

5.0 Documentation

[Amend 5.0 by replacing the reference‘‘M210’’ with ‘‘M200.’’][Remove M890, M891, M892, M893,M894, M895, M896, M897, and M898.]

P Postage and Payment Methods

P000 Basic Information

P010 General Standards

P011 Payment

1.0 Prepayment and Postage Due

1.1 Prepayment Conditions

[Amend 1.1 by revising 1.1e to read asfollows:]

The mailer is responsible for properpayment of postage. Postage on all mailmust be fully prepaid at the time of


mailing, except as specifically providedby standard for:* * * * *

e. Keys and identification devicesreturned to owners (see E620).* * * * *

P012 Documentation


2.0 Standardized Documentation—First-Class Mail, Periodicals, andStandard Mail (A)

2.1 Basic Standard

[Amend 2.1 by replacing in the firstsentence the terms ‘‘RegularPeriodicals’’ with ‘‘Periodicals’’ and‘‘Regular and Enhanced Carrier RouteStandard Mail’’ with ‘‘Standard Mail(A)’’ to read as follows:]

For First-Class Mail, Periodicals, andStandard Mail (A), subject to thestandards for the rate claimed,documentation must be produced bysoftware certified under the USPSPresort Accuracy Validation andEvaluation (PAVE) or Manifest Analysisand Certification (MAC) programs,appropriate for the accompanying classof mail and rate claimed, or must beprepared to meet the criteria forstandardized documentation in thissection.* * *

2.2 Format and Content


For First-Class Mail, Periodicals, andStandard Mail (A), standardizeddocumentation includes:* * * * *

2.5 Combined and CopalletizedMailings


For combined or copalletizedmailings of Periodicals and StandardMail (A) prepared under M045, thelisting must show the followingadditional information:* * * * *[Remove 3.0; redesignate 4.0 as 3.0.]* * * * *

P013 Rate Application andComputation

* * * * *

4.0 Rate Application—Standard Mail(A)

* * * * *

4.3 Bulk Rates


Bulk rates are based on the weight ofthe pieces and are applied differently topieces weighing less than or equal to a‘‘breakpoint’’ (rounded to four decimalplaces) and those weighing more, asfollows:

a. The appropriate minimum perpiece rate applies to pieces weighing0.2066 pound (3.3062 ounces) or less(Enhanced Carrier Route rates), 0.2068pound (3.3087 ounces) or less (Regularrates), 0.2084 pound (3.3348 ounces) orless (Nonprofit Enhanced Carrier Routerates), or 0.2088 pound (3.3407 ounces)or less (Nonprofit rates).

b. A rate determined by adding theappropriate fixed per piece charge andthe corresponding variable per poundcharge (based on the weight of thepiece) applies to pieces weighing morethan 0.2066 pound (3.3062 ounces)(Enhanced Carrier Route rates), 0.2068pound (3.3087 ounces) (Regular rates),0.2084 pound (3.3348 ounces)(Nonprofit Enhanced Carrier Routerates), or 0.2088 pound (3.3407 ounces)(Nonprofit rates).* * * * *

P014 Refunds and Exchanges

* * * * *

4.0 Refund Requests for ExcessPostage—at Time of Mailing (‘‘ValueAdded Refunds’’)

* * * * *

4.13 Standard Mail (A)[Replace 4.13, 4.13a, 4.13b, and 4.13cwith new 4.13 to read as follows:]

If a value added refund request issubmitted when a Standard Mail (A)mailing is presented to the USPS, eachpiece must be letter-size, weigh lessthan the applicable maximum weightfor automation mail prescribed in C810,be part of an automation rate mailing,and be metered by the presenter or thepresenter’s customer at a 3/5nonautomation rate or at anyautomation minimum per piece rate.Pieces for each entry must be preparedas a separate mailing if the destinationentry rates are claimed.* * * * *

P040 Permit Imprints


2.0 Permit Imprint Preparation

* * * * *

2.5 References to Expedited Handling[Amend 2.5 by revising 2.5a to read asfollows:]

Except for postcard-size mail andimprints placed on address labels,

permit imprints on bulk rate StandardMail (A) bearing references to expeditedhandling or delivery (e.g., ‘‘Priority,’’‘‘Express,’’ ‘‘Overnight’’) must:

a. Show the words ‘‘Bulk Rate’’ (‘‘Blk.Rt.’’) or ‘‘Nonprofit Organization’’ (or‘‘Nonprofit Org.’’ or ‘‘Nonprofit’’) moreprominently than other words in theimprint.

b. Include a clear space of at least3/8 inch around the entire permitimprint.* * * * *

4.0 Formats

4.1 Basic Standard[Amend the Nonprofit Standard Mailexamples in Exhibit 4.1b by replacingthe endorsement ‘‘Carrier RoutePresort’’ with ‘‘AUTOCR.’’]* * * * *

P600 Standard Mail

* * * * *

3.0 Automation Rates[Revise the heading of 3.1 to read asfollows:]

3.1 Payment Methods[Amend 3.1 by revising the first sentenceto read as follows:]

Postage on any mailing made at anautomation rate must be paid withmeter stamps, permit imprints, orprecanceled postage, under applicablestandards. * * ** * * * *

P710 Manifest Mailing System (MMS)

* * * * *

3.0 Keyline

* * * * *

3.3 Rate Category Abbreviations[Revise 3.3 and Exhibit 3.3b to read asfollows:]

Keylines on First-Class Mail or bulkStandard Mail (A) may use only the ratecategory abbreviations in Exhibit 3.3a orExhibit 3.3b, respectively. All piecesthat qualify for more than one postagerate must show each rate categoryabbreviation, separated by a ‘‘/’’ (slash)(e.g., EB/DS).* * * * *

EXHIBIT 3.3b.—RATE CATEGORYABBREVIATIONS—STANDARD MAIL (A)

Code Rate category

AV ... Automation 5-Digit [letters only].AT .... Automation 3-Digit [letters only].AF .... Automation 3/5 [flats only].AB ... Automation Basic.RA ... 3/5.RB ... Basic.


EXHIBIT 3.3b.—RATE CATEGORY AB-BREVIATIONS—STANDARD MAIL (A)—Continued

Code Rate category

EA ... Enhanced Carrier Route AutomationBasic [letters only].

EB ... Enhanced Carrier Route Basic.EH ... Enhanced Carrier Route High Den-

sity.ES ... Enhanced Carrier Route Saturation.DB ... Destination Bulk Mail Center (DBMC).DD ... Destination Delivery Unit (DDU).DS ... Destination Sectional Center Facility

(DSCF).SP ... Single-Piece Rate [when fewer than

200 pieces accompany automationrate mail].

* * * * *

P760 First-Class or Standard MailMailings With Different PaymentMethods

* * * * *

2.0 Postage

* * * * *

2.2 Metered Pieces—Standard Mail(A)[Revise 2.2 to read as follows:]

Metered pieces in a combined mailingmust bear postage at a nonautomationpresort or automation rate for which thepieces are eligible. Additional postagedue for metered pieces in a combinedmailing is deducted from the mailer’spostage due advance deposit account.Full postage must be affixed toaccompanying single-piece rate mail.* * * * *

2.4 Precanceled Pieces—StandardMail (A)[Revise 2.4 to read as follows:]

Pieces with precanceled stamps in acombined mailing must bear postage inany denomination of precanceled stamppermitted in an automation rate mailing.Nonprofit postage may appear only onpieces in a Nonprofit rate mailing thatare eligible for and claimed at aNonprofit rate. Additional postage duefor precanceled stamp pieces in acombined mailing is deducted from themailer’s postage due advance deposit

account. Full postage must be affixed toaccompanying single-piece rate mail.* * * * *

R Rates and Fees

* * * * *

R200 Periodicals

* * * * *[Revise 2.0, 3.0, and 4.0 to read asfollows:]

2.0 Preferred—In-County

2.1 Pound Rates

Per pound or fraction:

Zone Rate

Delivery Unit ..................................... $0.112All Others .......................................... 0.122

2.2 Piece Rates

Per addressed piece:

Presort levelNon-auto-

mation

Automation 1

Letter-size

Flat-size

Basic ................ $0.081 $0.081 $0.0813/5 ................... ............ .............. 0.0663-Digit .............. ............ 0.077 ............5-Digit .............. ............ 0.064 ............Carrier Route ... 0.043 .............. ............High Density .... 0.038 .............. ............Saturation ........ 0.036 .............. ............

1 Lower maximum weight limits apply: letter-size at 3 ounces (or 3.3407 ounces for heavyletters); flat-size at 16 ounces.

* * * * *

3.0 Preferred—Nonprofit

3.1 Pound Rates

Per pound or fraction:a. For the nonadvertising portion:

$0.138.b. For the advertising portion:

Zone Rate

Delivery Unit ..................................... $0.169SCF ................................................... 0.1901 & 2 ................................................. 0.2143 ........................................................ 0.2244 ........................................................ 0.2515 ........................................................ 0.2926 ........................................................ 0.336

Zone Rate

7 ........................................................ 0.3888 ........................................................ 0.432

3.2 Piece Rates


Presort levelNon-auto-

mation

Automation 1

Letter-size

Flat-size

Basic ................ $0.216 $0.186 $0.1923/5 ................... 0.171 .............. 0.1473-Digit .............. ............ 0.148 ............5-Digit .............. ............ 0.148 ............Carrier Route ... 0.104 .............. ............High Density .... 0.097 .............. ............Saturation ........ 0.083 .............. ............

1 Lower maximum weight limits apply: letter-size at 3 ounces (or 3.3407 ounces for heavyletters); flat-size at 16 ounces.

3.3 Discounts

Piece rate discounts:* * * * *

b. Delivery unit zone piece discountfor each addressed piece claimed in thepound rate portion at the delivery unitzone rate: $0.012.

c. SCF zone piece discount for eachaddressed piece claimed in the poundrate portion at the SCF zone rate:$0.006.

4.0 Preferred—Classroom

4.1 Pound Rates

Per pound or fraction:a. For the nonadvertising portion:

$0.110.b. For the advertising portion:

Zone Rate

Delivery Unit ..................................... $0.180SCF ................................................... 0.1911 & 2 ................................................. 0.2123 ........................................................ 0.2234 ........................................................ 0.2505 ........................................................ 0.2926 ........................................................ 0.3357 ........................................................ 0.3888 ........................................................ 0.432

4.2 Piece Rates


Presort level Nonautoma-tion

ZIP+4 Letter-size

Barcoded 1

Letter-Size Flat-Size

Basic ................................................................................................................. $0.169 $0.162 $0.152 $0.1463/5 ..................................................................................................................... 0.126 0.122 ........................ 0.1113-Digit ............................................................................................................... ........................ ........................ 0.116 ........................5-Digit ............................................................................................................... ........................ ........................ 0.109 ........................Carrier Route .................................................................................................... 0.088 ........................ ........................ ........................High Density ..................................................................................................... 0.086 ........................ ........................ ........................Saturation ......................................................................................................... 0.081 ........................ ........................ ........................

1 Lower maximum weight limits apply: letter-size at 3 ounces (or 3.3407 ounces for heavy letters); flat-size at 16 ounces.



5.0 Preferred—Science-of-Agriculture

* * * * *

R600 Standard Mail

* * * * *[Revise 5.0 to read as follows:]

5.0 Nonprofit

5.1 Letter-Size Minimum Per Piece Rates—Pieces 0.2088 lb. (3.3407 oz.) or Less

Entry discountNonautomation Automation 1

Basic 3/5 Basic 3-Digit 5-Digit

None ................................................................................................................... $0.132 $0.114 $0.099 $0.095 $0.082DBMC ................................................................................................................. 0.119 0.101 0.086 0.082 0.069DSCF .................................................................................................................. 0.114 0.096 0.081 0.077 0.064DDU

1 Pieces weighing over 3 ounces subject to additional standards.

5.2 Nonletter-Size Minimum Per Piece Rates—Pieces 0.2088 lb. (3.3407 oz.) or Less

Entry discountNonautomation Automation 1

Basic 3/5 Basic 3/5

None ................................................................................................................................. $0.195 $0.149 $0.171 $0.125DBMC ............................................................................................................................... 0.182 0.136 0.158 0.112DSCF ................................................................................................................................ 0.177 0.131 0.153 0.107DDU

1 Available only for automation-compatible flats.

5.3 Piece/Pound Rates—Pieces More Than 0.2088 lb. (3.3407 oz.)

Piece/pound rate 1Nonautomation Automation 2

Basic 3/5 Basic 3/5

Per Piece .......................................................................................................................... $0.100 $0.048 $0.076 $0.024Per Pound (includes entry discount if applicable) Plus Plus Plus Plus

None .......................................................................................................................... $0.455 $0.484 $0.455 $0.484DBMC ........................................................................................................................ 0.393 0.422 0.393 0.422DSCF ......................................................................................................................... 0.367 0.396 0.367 0.396DDU

1 Each piece is subject to both a piece rate and a pound rate.2 Available only for automation-compatible flats.

[Redesignate 6.0 through 11.0 as 7.0through 12.0, respectively, with no

change to text; add new 6.0 to read asfollows:]

6.0 Nonprofit Enhanced Carrier Route

6.1 Letter-Size Minimum Per Piece Rates—Pieces 0.2084 lb. (3.3348 oz.) or Less

Entry discount

Nonautomation Automa-tion 1

Basic High density Saturation Basic

None ................................................................................................................................. $0.087 $0.081 $0.075 $0.079DBMC ............................................................................................................................... 0.074 0.068 0.062 0.066DSCF ................................................................................................................................ 0.069 0.063 0.057 0.061DDU .................................................................................................................................. 0.063 0.057 0.051 0.055

1 Pieces weighing over 3 ounces subject to additional standards.

6.2 Nonletter-Size Minimum Per Piece Rates—Pieces 0.2084 lb. (3.3348 oz.) or Less

Entry discount Basic High density Saturation

None ................................................................................................................................. $0.107 $0.100 $0.094DBMC ............................................................................................................................... 0.094 0.087 0.081DSCF ................................................................................................................................ 0.089 0.082 0.076DDU .................................................................................................................................. 0.083 0.076 0.070


6.3 Piece/Pound Rates—Pieces More Than 0.2084 lb. (3.3348 oz.)

Piece/pound rate 1 Basic High density Naturation

Per Piece .......................................................................................................................... $0.013 $0.006 $0.000Per Pound (includes entry discount if applicable) Plus Plus Plus

None .......................................................................................................................... $0.451 $0.451 $0.451DBMC ........................................................................................................................ 0.389 0.389 0.389DSCF ......................................................................................................................... 0.363 0.363 0.363DDU 0.337 0.337 0.337

1 Each piece is subject to both a piece rate and a pound rate.

* * * * *

[Revise redesignated 10.0 to read asfollows:]

10.0 Library Mail

Weight not over (pounds) Single-piece Weight not over (pounds) Single-piece Weight not over (pounds) Single-piece

1 ............................................ $1.12 24 .......................................... $7.32 47 .......................................... $12.382 ............................................ 1.53 25 .......................................... 7.54 48 .......................................... 12.603 ............................................ 1.94 26 .......................................... 7.76 49 .......................................... 12.824 ............................................ 2.35 27 .......................................... 7.98 50 .......................................... 13.045 ............................................ 2.76 28 .......................................... 8.20 51 .......................................... 13.266 ............................................ 3.17 29 .......................................... 8.42 52 .......................................... 13.487 ............................................ 3.58 30 .......................................... 8.64 53 .......................................... 13.708 ............................................ 3.80 31 .......................................... 8.86 54 .......................................... 13.929 ............................................ 4.02 32 .......................................... 9.08 55 .......................................... 14.1410 .......................................... 4.24 33 .......................................... 9.30 56 .......................................... 14.3611 .......................................... 4.46 34 .......................................... 9.52 57 .......................................... 14.5812 .......................................... 4.68 35 .......................................... 9.74 58 .......................................... 14.8013 .......................................... 4.90 36 .......................................... 9.96 59 .......................................... 15.0214 .......................................... 5.12 37 .......................................... 10.18 60 .......................................... 15.2415 .......................................... 5.34 38 .......................................... 10.40 61 .......................................... 15.4616 .......................................... 5.56 39 .......................................... 10.62 62 .......................................... 15.6817 .......................................... 5.78 40 .......................................... 10.84 63 .......................................... 15.9018 .......................................... 6.00 41 .......................................... 11.06 64 .......................................... 16.1219 .......................................... 6.22 42 .......................................... 11.28 65 .......................................... 16.3420 .......................................... 6.44 43 .......................................... 11.50 66 .......................................... 16.5621 .......................................... 6.66 44 .......................................... 11.72 67 .......................................... 16.7822 .......................................... 6.88 45 .......................................... 11.94 68 .......................................... 17.0023 .......................................... 7.10 46 .......................................... 12.16 69 .......................................... 17.22................................................ ........................ ............................................... ........................ 70 .......................................... 17.44

* * * * *Stanley F. Mires,Chief Counsel, Legislative.[FR Doc. 96–20816 Filed 8–12–96; 1:21 pm]BILLING CODE 7710–12–P

fede

ral r

egiste

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42491


Part IV

Department of theInteriorFish and Wildlife Service

50 CFR Part 20Migratory Bird Hunting; Approval ofBismuth-Tin Shot as Nontoxic; Final andProposed Rules




50 CFR Part 20

RIN 1018 - AD41

Migratory Bird Hunting; Extension ofDecision on the Conditional Approvalof Bismuth-Tin Shot as Nontoxic forthe 1996–97 Season

AGENCY: Fish and Wildlife Service,Interior.ACTION: Final rule.

SUMMARY: The U.S. Fish and WildlifeService (Service) is amending Section20.21(j) and approving bismuth-tin shotas nontoxic for the 1996–97 migratorybird hunting season. Acute, chronic,and reproductive toxicity studies,undertaken for the Bismuth CartridgeCompany, indicate that bismuth-tin shotis nontoxic when ingested by waterfowl(captive-reared mallards).EFFECTIVE DATE: This rule becomeseffective on September 1, 1996.FOR FURTHER INFORMATION CONTACT: PaulR. Schmidt, Chief, or Cyndi Perry,Wildlife Biologist, Office of MigratoryBird Management (MBMO), U.S. Fishand Wildlife Service, (703/358–1714).SUPPLEMENTARY INFORMATION: Since themid-1970s, the Service has sought toidentify shot that, when spent, does notpose a significant toxic hazard tomigratory birds and other wildlife.Currently, only steel shot has approvalby the Service as nontoxic. The Servicebelieves approval for other suitablecandidate shot materials as nontoxicshot is feasible. The Service is eager toconsider these other materials forapproval as nontoxic.

The nontoxic shot requirement forhunting waterfowl and coots createdresistance among some hunters withonly steel shot available. With theresistance came an unknown level ofnoncompliance. Although compliancewith the use of nontoxic shot hasincreased over the last few years, theService believes that this level ofcompliance will increase with theavailability and approval of othernontoxic shot types.

On October 21, 1993, the BismuthCartridge Company petitioned theService to approve bismuth-tin shot forhunting waterfowl and coots. At thattime the company had not undertakenthe studies necessary to demonstratethat bismuth-tin shot is nontoxic towaterfowl and the Service did notapprove their petition. On June 24,1994, the Bismuth Cartridge Companypetitioned the Service to modifyprovisions of 50 CFR 20.21(j), to legalize

the use of bismuth-tin shot on aninterim, conditional basis for the 1994–95 and 1995–96 hunting seasons whileconducting toxicity tests. Thepetitioner’s supporting rationale was: 1)bismuth is nontoxic; 2) the rule wouldbe conditional; and 3) the evidencepresented in the record, i.e., theapplication from the Bismuth CartridgeCompany. The petition acknowledgedthe responsibility of the BismuthCartridge Company to complete allnontoxic shot approval tests outlined in50 CFR 20.134. Final regulationspublished in the Federal Register[(January 3, 1995, (60 FR 61) and August18, 1995, (60 FR 43314)] provideconditional approval of bismuth-tin shot(nominally, 97 parts bismuth and 3parts tin) as nontoxic for huntingwaterfowl and coots during the 1994–95and 1995–96 seasons, respectively. Acomplete review of the bismuth-tin shotapplication and review process iswithin the January 3, 1995, FederalRegister (60 FR 61).

Aside from recently completedtoxicity studies there are several otherworks that support the Service’sdecision. Sanderson et al. (1994),Ringelman et al. (1992), and Sandersonet al. (1992) saw no adverse effectswhen bismuth alloy shot was ingestedby captive-reared mallards. In Grandy etal. (1968), there were no deathsassociated with mallards dosed with tinshot.

The Service has been provided withevidence of completion of theconditions for approval that werepreviously established. First, a series oftoxicity tests demonstrating bismuth-tinshot as nontoxic to waterfowl wasnecessary. The Service reviewed andapproved the employed testing protocol,with technical assistance provided bythe National Biological Service (NBS).

The short-term (30 day) acute toxicitytest entails dosing ducks with shot andfeeding them commercially availableduck food. Researchers record survival,body weight, blood hematocrit, andorgan analysis. Survival to 30 days postdosing, hematocrit values, body weight,mean weight of kidney, liver, gonad,and gizzard were similar in game-farmmallards dosed with either six No. 4bismuth-tin shot, six No. 4 steel shot, orcontrol animals (Sanderson et al. 1995).

The 14-week chronic toxicity testentails dosing ducks with either leadshot, steel shot, bismuth-tin shot, or aplacebo (control group), during coldweather using a nutritionally deficientdiet. Researchers record survival, bodyweight, retention and dissolution ofshot, blood and tissue analysis, andhistopathology. Sixty-five male andsixty-five female mallards underwent

doses of either No. 4 lead, or steel, orbismuth-tin shot, or a placebo (controlgroup) on Days 0, 30, 60, and 90. Alllead-dosed ducks died within 14 days ofinitial dosing. All steel- and placebo-dosed ducks survived until sacrificed.All bismuth-tin dosed ducks surviveduntil sacrificing except one female whodied of undetermined causes 131 dayspost dosing after laying 16 eggs. Ingeneral, the chronic test documents theabsence of any deleterious effects ofthese bismuth-tin doses on captive-reared mallards (Sanderson et al. 1996).

The reproductive toxicity test is achronic dosage study which includesassessment of reproduction, fertilityrates, and egg hatchability. Researchersrecord egg weight, shell thickness, andcontent analysis. For ducklings,researchers record body weight, sexratios, blood and organ analysis. Thereproductive test ran concurrently withthe chronic study. Results confirmed nosignificant differences in the timerequired for either control, steel, orbismuth-tin-dosed ducks to lay 21 eggs,and no differences in the dates when thethree dosed groups began to lay.Similarly, no significant differencesamong doses in the fertility rates,hatchability rates, or chemical contentof the eggs arose. In ducklings, nosignificant differences among doses inthe mean body weight (by day 7), sexratios, hematocrit, mean weights ofkidney and liver, mean amounts ofelements in organs, or in thehistopathology arose (Sanderson et al.1996).

As a result of these toxicity tests, theService concludes that bismuth-tin shotcomposed of 97 parts bismuth and 3parts tin with <1 percent residual leaddoes not impose significant danger tomigratory birds and other wildlife andtheir habitats.

The second condition of approval isresidual lead levels. The Service willconsider any bismuth-tin shotmanufactured with lead levels equal toor exceeding 1 percent toxic andtherefore, illegal. Bismuth may occur asa by-product of iron, copper, and tinsmelting and often contains lead. In theAugust 18, 1995, Federal Register (60FR 43314), the Service indicated itwould establish a maximum level forresidual lead. The Service, inconsultation with the NBS, determinedthe maximum environmentallyacceptable level of lead in bismuth-tinshot is trace amounts or <1 percent andis incorporating this requirement intothe final rule.

Finally, enforcement is an importantcomponent in the approval of anyalternative shot material. In the August18, 1995, Federal Register (60 FR


43314), the Service indicated that finalunconditional approval would becontingent upon the development andavailability of a noninvasive fieldtesting device. Several noninvasive fieldtesting devices are available. ServiceLaw Enforcement personnel assessedthese devices determining them to beaccurate and useful.

This rule amends 50 CFR 20.21(j) byextending the conditional approval onbismuth-tin shot as nontoxic for the1996–97 migratory bird hunting season.It is based on the original request madeto the Service by the Bismuth CartridgeCompany on October 21, 1993, andsubsequent toxicity testing. Results ofthe acute, chronic, and reproductivetoxicity tests undertaken for theBismuth Cartridge Company documentthe apparent absence of any deleteriouseffects of bismuth-tin shot wheningested by captive-reared mallards.

Public CommentThe Service, by this rule, is approving

for one season (1996–1997) the use ofbismuth-tin shot for waterfowl huntingwithout the standard notice for publiccomment. As required by theAdministrative Procedure Act (5 U.S.C.553(b)), the Service has found that thenotice and public procedure required bythe APA are impracticable, unnecessary,and contrary to the public interest forthe following reasons: 1) At each stageof testing bismuth-tin shot has beenshown to be non-toxic. 2) This approvalis for one season only. 3) Bismuth-tinshot has been approved the last twoyears for one season each as a result ofthe public process that included publicnotices in the Federal Register andopportunities for comment. 4) Providinga third comment period at this timewould preclude the availability of aproven alternative nontoxic shot for asignificant portion of the upcominghunting seasons. 5) The Service issimultaneously publishing a proposedrule that would finally approvebismuth-tin shot as nontoxic withoutseason limitation and is providing thestandard notice and opportunity forcomment on that proposed final action,thereby providing the public procedurerequired by the APA on this issue.

Effective DateUnder the APA (5 U.S.C. 553 (d)) the

Service waives the 30 day period beforethe rule becomes effective andestablishes September 1, 1996, as theeffective date. This rule relieves arestriction and, in addition, it is not inthe public interest to delay the effectivedate of this rule. During the two priorpublic comment periods for conditionalapproval the Service received 386

comments. Of these, 360 were in favorof approving bismuth-tin shot forhunting waterfowl and coots with 26opposed. The opposition felt that theincomplete toxicity tests and nononinvasive field detection deviceshould delay the rule. These twoobjections are now remediedsatisfactorily. It is in the best interest ofmigratory birds and their habitats toextend the conditional approval onbismuth-tin shot as nontoxic for the1996–97 migratory bird hunting season.It is in the best interest of the huntingpublic to provide them an additionallegal option for hunting waterfowl andcoots for the 1996–97 season, whichbegins on September 1, 1996. It is in thebest interest of small retailers who havestocked bismuth-tin shot for the comingseason. The Services believes anothernontoxic shot option likely will improvehunter compliance, thereby reducingthe amount of lead shot in theenvironment.

References

Grandy, J.W., L.N. Locke and G.E.Bagley. 1968. Relative toxicity of leadand five proposed substitute shot typesto pen-reared mallards. J.Wildl. Manage.32(3):483–488.

Ringelman, J.K., M.W. Miller andW.F. Andelt. 1992. Effects of ingestedtungsten-bismuth-tin shot on mallards.CO Div. Wildl., Fort Collins, 24 pp.

Sanderson, G.C., W.L. Anderson, G.L.Foley, L.M. Skowron and J.W. Seets.1994. Toxicity and reproductive effectsof ingested bismuth alloy shot andeffects of embedded bismuth alloy, lead,and iron shot on game-farm mallards.Final Report. Ill. Nat. Hist Survey.Champaign, IL. 64pp.

Sanderson, G.C., S.G. Wood, G.L.Foley and J.D. Brawn. 1992. Toxicity ofbismuth shot compared with lead andsteel shot in game-farm mallards. Trans.57th N.A. Wildl. Nat. Res. Conf., 57:526-540.

Sanderson, G.C., W.L. Anderson, G.L.Foley, L.M. Skowron, J.D. Brawn andJ.W. Seets. 1995. Toxicity of ingestedbismuth alloy shot on game-farmmallards (Revised Final Report). Reportto Peterson Publishing Company by theUniv. of Illinois, Ill. Nat. Hist. Survey.Champaign, IL. 69pp.

Sanderson, G.C., W.L. Anderson, G.L.Foley, K.L. Duncan, L.M. Skowron, J.D.Brawn and J.W. Seets. 1996. Toxicityand reproductive test including chronichealth effects of ingested bismuth alloyshot on game-farm mallards (RevisedFinal Report). Report to PetersonPublishing Company by the Univ.Illinois, Ill. Nat. Hist. Survey.Champaign, IL. 113pp.

NEPA ConsiderationIn compliance with the requirements

of section 102(2)(c) of the NationalEnvironmental Policy Act of 1969(NEPA) (42 U.S.C. 4332(C)), and theCouncil on Environmental Quality’sregulation for implementing NEPA (40CFR 1500–1508), the Service preparedan Environmental Assessment in July,1996. This EA is available to the publicat the Office of Migratory BirdManagement, U.S. Fish and WildlifeService, ms 634-ARLSQ, 1849 C StreetNW., Washington D.C. 20240. Based onreview and evaluation of theinformation in the EA, the Servicedetermined the action to amend 50 CFR20.21(j) to extend conditional approvalon bismuth-tin shot as nontoxic for1996–97 migratory bird hunting seasonwould not be a major Federal action thatwould significantly affect the quality ofthe human environment.

Endangered Species Act ConsiderationsSection 7 of the Endangered Species

Act (ESA) of 1972, as amended (16U.S.C. 1531 et seq.), provides that, ‘‘TheSecretary shall review other programsadministered by him and utilize suchprograms in furtherance of the purposesof this Act’’ (and) shall ‘‘insure that anyaction authorized, funded or carried out... is not likely to jeopardize thecontinued existence of any endangeredspecies or threatened species or result inthe destruction or adverse modificationof (critical) habitat ...’’ The Servicecompleted a Section 7 consultationunder the ESA for this rule. The resultof the Service’s consultation underSection 7 of the ESA is available to thepublic through, the Office of MigratoryBird Management, U.S. Fish andWildlife Service, ms 634—ARLSQ, 1849C Street NW., Washington D.C. 20240.

Regulatory Flexibility Act, ExecutiveOrder 12866, and the PaperworkReduction Act

The Regulatory Flexibility Act of 1980(5 U.S.C. 601 et seq.) requires thepreparation of flexibility analyses forrules that will have a significant effecton a substantial number of smallentities, which includes smallbusinesses, organizations orgovernmental jurisdictions. The Servicedetermined this rule will have no effecton small entities since the approvedshot merely will supplement nontoxicshot already in commerce and availablethroughout the retail and wholesaledistribution systems. The Serviceanticipates no dislocation or other localeffects, with regard to hunters andothers. This rule was not subject toOffice of Management and Budget


(OMB) review under Executive Order12866. The Service has examined thisregulation under the PaperworkReduction Act of 1995 and found it tocontain no information collectionrequirements.

Unfunded Mandates Reform

The Service has determined andcertifies pursuant to the UnfundedMandates Act, 2 U.S.C. 1502 et seq., thatthis rulemaking will not impose a costof $100 million or more in any givenyear on local or State government orprivate entities.

Civil Justice Reform - Executive Order12988

The Service, in promulgating thisrule, has determined that theseregulations meet the applicablestandards provided in Sections 3(a) and3(b)(2) of Executive Order 12988.

Authorship

The primary author of this rule isCynthia M. Perry, Office of MigratoryBird Management.


Exports, Hunting, Imports, Reportingand record keeping requirements,Transportation, Wildlife.

Accordingly, Part 20, Subchapter B,Chapter I of Title 50 of the Code ofFederal Regulations is amended asfollows:

PART 20—[AMENDED]


Authority: 16 U.S.C. 703–711; 16 U.S.C.712 and 16 U.S.C. 742 a-j.

2. Section 20.21 is amended byrevising the introductory text ofparagraph (j) and paragraph (j)(2) to readas follows:

§20.21 Hunting methods.

* * * * *(j) While possessing shot (either in

shotshells or as loose shot formuzzleloading) other than steel shot,bismuth-tin (97 parts bismuth: 3 partstin with <1 percent residual lead) shotor such shot approved as nontoxic bythe Director pursuant to procedures setforth in I82§20.134. Provided that:* * * * *

(2) Bismuth-tin shot (97 partsbismuth: 3 parts tin with <1 percentresidual lead) is legal as nontoxic shotfor the 1996–97 migratory bird huntingseason.

Dated: August 1, 1996.George T. Frampton, Jr.,Assistant Secretary for Fish and Wildlife andParks.[FR Doc. 96–20725 Filed 8–14–96; 8:45 am]BILLING CODE 4310–55–F




50 CFR Part 20

RIN 1018-AD41

Migratory Bird Hunting; Proposal forApproval of Bismuth-Tin Shot as aNontoxic

AGENCY: Fish and Wildlife Service,Interior.ACTION: Proposed rule.

SUMMARY: The U.S. Fish and WildlifeService (Service) proposes to amendSection 20.21(j) by approving bismuth-tin shot as nontoxic for huntingwaterfowl and coots. Acute, chronic,and reproductive toxicity studies,undertaken for the Bismuth CartridgeCompany, indicate that bismuth-tin shotis nontoxic when ingested by waterfowl(captive-reared mallards).DATES: Comments on this proposal mustbe received by August 15, 1996.ADDRESSES: Written comments shouldbe sent to: Chief, Office of MigratoryBird Management, U.S. Fish andWildlife Service, Department of theInterior, ms 634—ARLSQ, 1849 C StreetNW., Washington, D.C. 20240FOR FURTHER INFORMATION CONTACT: PaulR. Schmidt, Chief, or Cyndi Perry,Wildlife Biologist, Office of MigratoryBird Management (MBMO), U.S. Fishand Wildlife Service, (703/358–1714).SUPPLEMENTARY INFORMATION: Since themid-1970s, the Service has sought toidentify shot that, when spent, does notpose a significant toxic hazard tomigratory birds and other wildlife.Currently, only steel shot is approved bythe Service as nontoxic. The Servicebelieves approval for other suitablecandidate shot materials as nontoxic isfeasible. The Service is eager to considerthese other materials for approval asnontoxic shot.

The requirement to use nontoxic shotfor hunting waterfowl and coots createdresistance among some hunters withonly steel shot available. With theresistance came an unknown level ofnoncompliance. Although compliancewith the use of nontoxic shot hasincreased over the last few years, theService believes that this level ofcompliance will escalate with theavailability and approval of othernontoxic shot types.

On October 21, 1993, the BismuthCartridge Company petitioned theService to approve bismuth-tin shot forhunting waterfowl and coots. At thattime the company had not undertakenthe studies necessary to demonstrate

that bismuth-tin shot is nontoxic towaterfowl and the Service did notapprove their petition. On June 24,1994, the Bismuth Cartridge Companypetitioned the Service to modifyprovisions of 50 CFR 20.21(j), to legalizethe use of bismuth-tin shot on aninterim, conditional basis for the 1994–95 and 1995–96 hunting seasons whileconducting toxicity tests. Thepetitioner’s supporting rationale was: 1)bismuth is nontoxic; 2) the rule isconditional; and 3) the evidencepresented in the record, i.e., theapplication from the Bismuth CartridgeCompany. The petition acknowledgedresponsibility of the Bismuth CartridgeCompany to complete all the nontoxicshot approval tests outlined in 50 CFR20.134. Final regulations published inthe Federal Register (January 3, 1995,[60 FR 61] and August 18, 1995 [60 FR43314]) provided for conditionalapproval of bismuth-tin shot(nominally, 97 parts bismuth and 3parts tin) as nontoxic for huntingwaterfowl and coots during the 1994–95and 1995–96 seasons, respectively.Final regulations published elsewherein today’s Federal Register extends thistemporary approval for the 1996–97season. A complete review of thebismuth-tin shot application and reviewprocess is in the January 3, 1995,Federal Register.

Aside from recently completedtoxicity studies there are several otherworks that support the Service’sdecision. Sanderson et al. (1994),Ringelman et al. (1992), and Sandersonet al. (1992) saw no adverse effectswhen bismuth alloy shot was ingestedby captive-reared mallards. In Grandy etal. (1968), there were no deathsassociated with mallards dosed with tinshot.

The Service saw completion of severalconditions prior to this proposal toapprove bismuth-tin shot as nontoxic.First, a series of toxicity testsdemonstrating that bismuth-tin wasnontoxic to waterfowl is necessary. TheService reviewed and approved theemployed testing protocol withtechnical assistance provided by theNational Biological Service (NBS).

The short-term (30 day) acute toxicitytest entails dosing ducks with shot andfeeding them commercially availableduck food. Researchers record survival,body weight, blood hematocrit, andorgan analysis. Survival to 30 days postdosing, hematocrit values, body weight,mean weight of kidney, liver, gonad,and gizzard were similar in game-farmmallards dosed with either six No. 4bismuth-tin shot, six No. 4 steel shot, ora placebo (control)(Sanderson et al.1995).

The 14-week chronic toxicity testentails dosing ducks with either leadshot, steel shot, bismuth-tin shot, or aplacebo (control group), during coldweather using a nutritionally deficientdiet. Researchers record the results ofthe survival, body weight, retention anddissolution of shot, blood and tissueanalysis, and histopathology. Sixty-fivemale and sixty-five female mallardsunderwent doses of either No. 4 lead, orsteel or bismuth-tin shot, or a placebo(control group) on Days 0, 30, 60, and90. All lead-dosed ducks died within 14days of initial dosing. All steel- andplacebo-dosed ducks survived untilsacrificing. All bismuth-tin dosed duckssurvived until sacrificing except onefemale who died of undeterminedcauses 131 days post dosing after laying16 eggs. In general, the chronic testdocuments the absence of anydeleterious effects of these bismuth-tindoses on captive-reared mallards(Sanderson et al. 1996).

The reproductive toxicity test is achronic dosage study which includesassessment of reproduction, fertilityrates, and egg hatchability. For eggs,researchers record weight, shellthickness, and content analysis, and forducklings record body weight, sexratios, blood and organ analysis. Thistest runs concurrently with the chronicstudy. Results confirmed no significantdifferences in the time required foreither control, steel, or bismuth-tin-dosed ducks to lay 21 eggs, and nodifferences in the dates when the threedosed groups began to lay. Similarly, nosignificant differences among doses inthe fertility rates, hatchability rates, orchemical content of the eggs arose. Inducklings, no significant differencesamong doses in the mean body weight(by day 7), sex ratios, hematocrit, meanweights of kidney and liver, meanamounts of elements in organs, or in thehistopathology results arose(Sandersonet al. 1996).

As a result of these toxicity tests, theService concludes that bismuth-tin shotcomposed of 97 parts bismuth and 3parts tin with <1 percent residual leaddoes not impose significant danger tomigratory birds and other wildlife andtheir habitats.

The second condition of approval wasresidual lead levels. The Serviceconsiders any bismuth-tin shotmanufactured with lead levels equal toor exceeding 1 percent to be toxic andtherefore, illegal. Bismuth may occur asa by-product of iron, copper, and tinsmelting and often contains lead. In theAugust 18, 1995, Federal Register, theService indicated that it would establisha maximum level for residual lead. TheService, in consultation with the NBS,


determined the maximumenvironmentally acceptable level of leadin bismuth-tin shot is trace amounts or<1 percent and is incorporating thatrequirement into the final rule.

Finally, enforcement is an importantcomponent in the approval of anyalternative shot material. In the August18, 1995, Federal Register, the Serviceindicates that final unconditionalapproval would be contingent upon thedevelopment and availability of anoninvasive field testing device. Severalnoninvasive field testing devices areavailable. Service Law Enforcementpersonnel assessed these devicesdetermining them to be accurate anduseful.

This proposed rule would amend 50CFR 20.21(j) by approving bismuth-tinshot for use in hunting waterfowl andcoots. It is based on the original requestmade to the Service by the BismuthCartridge Company on October 21, 1993.Results of the acute, chronic, andreproductive toxicity tests undertakenfor the Bismuth Cartridge Companydocument the apparent absence of anydeleterious effects of bismuth-tin shotwhen ingested by captive-rearedmallards.

ReferencesGrandy, J.W., L.N. Locke and G.E.

Bagley. 1968. Relative toxicity of leadand five proposed substitute shot typesto pen-reared mallards. J.Wildl. Manage.32(3):483–488.

Ringelman, J.K., M.W. Miller andW.F. Andelt. 1992. Effects of ingestedtungsten-bismuth-tin shot on mallards.CO Div. Wildl., Fort Collins, 24 pp.

Sanderson, G.C., W.L. Anderson, G.L.Foley, L.M. Skowron and J.W. Seets.1994. Toxicity and reproductive effectsof ingested bismuth alloy shot andeffects of embedded bismuth alloy, lead,and iron shot on game-farm mallards.Final Report. Ill. Nat. Hist Survey.Champaign, IL. 64pp.

Sanderson, G.C., S.G. Wood, G.L.Foley and J.D. Brawn. 1992. Toxicity ofbismuth shot compared with lead andsteel shot in game-farm mallards. Trans.57th N.A. Wildl. Nat. Res. Conf.,57:526–540.

Sanderson, G.C., W.L. Anderson, G.L.Foley, L.M. Skowron, J.D. Brawn andJ.W. Seets. 1995. Toxicity of ingestedbismuth alloy shot on game-farmmallards (Revised Final Report). Reportto Peterson Publishing Company by theUniv. of Illinois, Ill. Nat. Hist. Survey.Champaign, IL. 69pp.

Sanderson, G.C., W.L. Anderson, G.L.Foley, K.L. Duncan, L.M. Skowron, J.D.Brawn and J.W. Seets. 1996. Toxicityand reproductive test including chronichealth effects of ingested bismuth alloy

shot on game-farm mallards (RevisedFinal Report). Report to PetersonPublishing Company by the Univ.Illinois, Ill. Nat. Hist. Survey.Champaign, IL. 113pp.

Comment ProcedureIt is the policy of the Department of

the Interior to afford the public anopportunity to participate in therulemaking process, whenever practical.Accordingly, interested persons mayparticipate by submitting writtencomments to the Chief, MBMO, at theaddress listed under the captionADDRESSES. The public may inspectcomments during normal businesshours at the Service’s office addresslisted under the caption ADDRESSES. TheService will consider all relevantcomments received and will try toacknowledge received comments, butmay not provide an individual responseto each commenter.

NEPA ConsiderationIn compliance with the requirements

of section 102(2)(c) of the NationalEnvironmental Policy Act of 1969(NEPA) (42 U.S.C. 4332(C), and theCouncil on Environmental Quality’sregulation for implementing NEPA (40CFR 1500–1508), the Service preparedan Environmental Assessment (EA) inJuly 1996. Copies of this EA areavailable to the public by writing to theOffice of Migratory Bird Management atthe address indicated under the captionADDRESSES. After review and evaluationof the information in the EnvironmentalAssessment, the Service determined thatthe proposed action to amend 50 CFR20.21(j) to allow use of bismuth-tin shotas nontoxic for hunting waterfowl andcoots would not be a major Federalaction that would significantly affect thequality of the human environment.

Endangered Species Act ConsiderationsSection 7 of the Endangered Species

Act (ESA) of 1972, as amended (16U.S.C. 1531 et seq.), provides that, ‘‘TheSecretary shall review other programsadministered by him and utilize suchprograms in furtherance of the purposesof this Act’’ (and) shall ‘‘insure that anyaction authorized, funded or carried out... is not likely to jeopardize thecontinued existence of any endangeredspecies or threatened species or result inthe destruction or adverse modificationof (critical) habitat ...’’ The Servicecompleted a Section 7 consultationunder the ESA for this proposed rule.The result of the Service’s consultationunder Section 7 of the ESA are publicdocuments and are available for publicinspection in the Division of

Endangered Species and the Office ofMigratory Bird Management, U.S. Fishand Wildlife Service, Arlington Square,4401 N. Fairfax Drive, Arlington,Virginia.

Regulatory Flexibility Act, ExecutiveOrder 12866, and the PaperworkReduction Act

The Regulatory Flexibility Act of 1980(5 U.S.C. 601 et seq.) requires thepreparation of flexibility analyses forrules that will have a significant effecton a substantial number of smallentities, which includes smallbusinesses, organizations orgovernmental jurisdictions. The Servicedetermined, however, that this proposedrule will have no effect on small entitiessince the approved shot merely willsupplement nontoxic shot already incommerce and available throughout theretail and wholesale distributionsystems. The Service anticipates nodislocation or other local effects, withregard to hunters and others. This rulewas not subject to Office of Managementand Budget (OMB) review underExecutive Order 12866. The Service hasexamined this regulation under thePaperwork Reduction Act of 1995 andfound it to contain no informationcollection requirements.

Unfunded Mandates

The Service has determined andcertifies in compliance with therequirements of the Unfunded MandatesAct, 2 U.S.C. 1502 et seq., that thisrulemaking will not impose a cost of$100 million or more in any given yearon local or State government or privateentities.


The Service, in promulgating thisproposed rule, has determined thatthese regulations meet the applicablestandards provided in Sections 3(a) and3(b)(2) of Executive Order 12988.

Authorship

The primary author of this proposedrule is Cynthia M. Perry, Office ofMigratory Bird Management.


Exports, Hunting, Imports, Reportingand record keeping requirements,Transportation, Wildlife.

Accordingly, Part 20, Subchapter B,Chapter I of Title 50 of the Code ofFederal Regulations is proposed to beamended as follows:


PART 20—[AMENDED]


Authority: 16 U.S.C. 703–711; 16 U.S.C.712 and 16 U.S.C. 742 a-j.

2. Section 20.21 is amended byrevising the introductory text ofparagraph (j) and paragraph (j)(2) to readas follows:

§20.21 Hunting methods.

* * * * *(j) While possessing shot (either in

shotshells or as loose shot formuzzleloading) other than steel shot,bismuth-tin (97 parts bismuth: 3 partstin with <1 percent residual lead) shotor such shot approved as nontoxic bythe Director pursuant to procedures setforth in §20.134. Provided that:* * * * *

(2) Bismuth-tin shot (97 partsbismuth: 3 parts tin with <1 percentresidual lead) is legal as nontoxic shot.

Dated: August 1, 1996George T. Frampton, Jr.,Assistant Secretary for Fish and Wildlife andParks.[FR Doc. 96–20726 Filed 8–14–96; 8:45 am]BILLING CODE 4310–55–F

fede

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egiste

r

42499


Part V


50 CFR Part 20Migratory Bird Hunting; Establishment ofa Youth Waterfowl Hunting Day for the1996–97 Migratory Game Bird HuntingSeason; Proposed Rule




50 CFR Part 20

RIN 1018-AD69

Migratory Bird Hunting; Proposed Ruleon the Establishment of a YouthWaterfowl Hunting Day for the 1996–97Migratory Game Bird Hunting Season

AGENCY: Fish and Wildlife Service,Interior.ACTION: Proposed rule; supplemental.

SUMMARY: The U.S. Fish and WildlifeService (hereinafter the Service)announced in an earlier document (June14, 1996, Federal Register 61 FR 30490)that it was considering theestablishment of a special youthwaterfowl hunting day for the 1996–97duck-hunting season. This ruledescribes the Service’s proposal for thespecial youth hunting day.DATES: The comment period on theproposed youth hunting day ends onAugust 26, 1996.ADDRESSES: Parties should submitwritten comments on the proposals tothe Chief, Office of Migratory BirdManagement, U.S. Fish and WildlifeService, Department of the Interior, ms634—ARLSQ, 1849 C Street, NW.,Washington, DC 20240. The public mayinspect comments during normalbusiness hours in room 634, ARLSQBuilding, 4401 N. Fairfax Drive,Arlington, Virginia.FOR FURTHER INFORMATION CONTACT: PaulR. Schmidt, Chief, Office of MigratoryBird Management, U.S. Fish andWildlife Service, (703) 358–1714.SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1996

On March 22, 1996, the Servicepublished in the Federal Register (61FR 11992) a proposal to amend 50 CFRpart 20. The proposal dealt with theestablishment of seasons, limits, andother regulations for migratory gamebirds under §§ 20.101 through 20.107,20.109, and 20.110 of subpart K. OnJune 13, 1996, the Service published inthe Federal Register (61 FR 30114) asecond document providingsupplemental proposals for early- andlate-season migratory bird huntingregulations frameworks, detailinginformation on the 1996–97 regulatoryschedule, and announcing the ServiceMigratory Bird Regulations Committeeand Flyway Council meetings. On June14, 1996, the Service published in theFederal Register (61 FR 30490) a thirddocument describing the Service’s

proposed regulatory alternatives for the1996–97 duck hunting season and theService’s consideration of a proposedyouth waterfowl hunting day. On July22, 1996, the Service published in theFederal Register (61 FR 37994) a fourthdocument which dealt specifically withproposed early-season frameworks forthe 1996–97 season.

The Service will publish finalregulatory frameworks for early seasonsin late August, and proposals for late-season frameworks in mid-August. TheService will publish final regulatoryframeworks for the establishment of ayouth waterfowl hunting day in earlySeptember and for late seasons on orabout September 23, 1996.

This rule describes the Service’sproposal to establish a youth waterfowlhunting day. The Service hasconsidered all comments received todate on the notice of consideration andwill consider all comments on thisproposal in the regulations-developmentprocess. The Service will publishresponses to all comments whendeveloping a final framework.

Written Comments ReceivedThe preliminary proposed

rulemaking, which appeared in theMarch 22 Federal Register, opened thepublic comment period for migratorybird hunting regulations. As of July 30,1996, the Service had received 190comments; 145 of these specificallyaddressed the establishment of a youthwaterfowl hunting day. Comments andmodifications to the preliminaryguidelines announced in the June 14Federal Register are discussed below.The headings correspond to thenumbered items in the March 22Federal Register.

1. Ducks

G. Special Seasons/SpeciesManagement

The June 14 Federal Registerannouncing the Service’s intent toconsider proposing a youth waterfowlhunting day contained generalguidelines for its establishment. Whilethe guidelines were preliminary innature, they were intended to provide ageneral foundation for discussion and tofacilitate public comment.

Written Comments: The ArizonaGame and Fish Department (Arizona),the Delaware Division of Fish andWildlife, the Kansas Department ofWildlife and Parks, the MichiganDepartment of Natural Resources(Michigan), 6 organizations, and 56individuals supported the concept of aspecial youth waterfowl hunting day,citing benefits both in terms of

educating youth about the outdoors andproviding opportunities for youngpeople to have a high-qualitywaterfowling experience.

Eight organizations opposed theestablishment of a ‘‘Youth WaterfowlHunting Day’’ for numerous social,moral, and ethical reasons. Collectively,they believed that by promoting youthhunting, the Service will contribute tohuman violence and animal abuse bydestroying children’s innate respect forlife and desensitizing them to the killingof innocent creatures.

Three petitions with 53 signaturesprotested the Service’s use of bothtaxpayers’ funds and staff time toinstitute a youth hunting day thatencourages hunting by young people.

Forty-two individuals commentedthat the Service should encourage non-consumptive wildlife recreation, such aswildlife photography, rather thanpromote sport hunting interests whichrepresent only a small segment ofsociety. They suggested that the purposeof establishing this program is to sellmore hunting licenses that pay forService employees’ salaries.

Four individuals supported theconcept, but questioned the need for aspecial youth-only waterfowl huntingday. They suggested that adults maytake a youth hunting at any time duringthe regular season and that bydesignating a special youth hunting day,it would establish precedent for otherspecial-interest groups. They also fearedthat early-season shooting wouldcondition local ducks to hunting beforethe start of the regular season. Further,they believed that enforcement of ayouth-only season would be a problem.

Twenty-three responses indicatedgeneral support for a one-day youthwaterfowl hunt, but recommendedchanges and/or modifications to thetiming, age, and accompanying adultrequirements, bag limits, season length,and species restrictions.

Michigan recommended that a specialyouth hunting day not be restricted tothe period 10 days before/after theregular duck season, while the IllinoisDepartment of Natural Resources(Illinois) recommended that States beallowed to establish the hunt day within14 days of the beginning or end of theregular season framework.

The Tennessee Wildlife ResourcesAgency (Tennessee) suggested that thespecial day be restricted to the periodwithin the regular duck seasonframework. One individual suggestedthat the special day should occur on ornear holidays to allow greaterparticipation, while another individualrecommended the special day occur onThanksgiving Day and either the day


before or after. Illinois recommendedthat States be allowed to select any non-school day for the hunt day and that aspecial day be allowed for eachestablished regular season duck zone.Texas, one organization, and oneindividual recommended that up to twodays be designated for the special youthseason. North Dakota recommended thatthe hunt be expanded to more than oneday.

The South Carolina Department ofNatural Resources (South Carolina)recommended the upper age limit be 17.One individual recommended that theupper age limitation for the youth not berestricted to 16. Another individualrecommended that the upper age limitbe increased to 18 while anotherrecommended it be lowered to 12 to 14.The Wisconsin Department of NaturalResources (Wisconsin) and oneindividual recommended a minimumage of 12.

The Texas Parks and WildlifeDepartment (Texas), one organization,and one individual recommended thatthe number of adults accompanying ayouth should not exceed three. Texas,Michigan, Illinois, one organization, andone individual recommended that adultsponsors be allowed to hunt ducks.Wisconsin and one individualrecommended that the accompanyingadult be fully licensed, while Illinoisand another individual recommendedthat the accompanying adult not berequired to have a hunting license.Michigan recommended that theaccompanying adult’s age be left to thediscretion of each State. Illinois and oneorganization recommended that theaccompanying adult not be restricted toparents or legal guardians of the youth.Two individuals recommended that therole of the accompanying adult beclarified.

Texas, one organization, and oneindividual recommended that the baglimit for the hunt day be the same as theregular duck season. The North DakotaGame and Fish Department (NorthDakota) recommended that Flyway-specific species/sex restrictions beeliminated for this hunt, while theMinnesota Department of NaturalResources (Minnesota) recommended a2- or 3-bird bag limit with no speciesrestrictions.

Wisconsin, the South DakotaDepartment of Game, Fish & Parks(South Dakota), Illinois, Arizona,Minnesota and one individual suggestedthat geese should also be allowed duringthe hunt day. Arizona alsorecommended that the special dayinclude coots and moorhens.

Illinois, Minnesota, and fiveindividuals recommended that State

licensing requirements be waived forthis hunt. Texas and two organizationsrecommended that as many NationalWildlife Refuges as possible be openedfor hunting during the special day. Oneof the organizations also recommendedthat as many State Wildlife ManagementAreas as possible be opened for huntingand that the concept of ‘‘YouthWaterfowl Hunting Day’’ be expandedto include dates during the regular duckseason on refuges.

The Missouri Department ofConservation (Missouri) recommendedthat the precedent for this type of huntbe evaluated for additional opportunityfor other selected groups. Missouri andMinnesota recommended that an activecommunication plan be establishedprior to implementation of this hunt.Missouri also recommended that clearimplementation guidelines should beestablished. Michigan recommendedthat the comment period for such a huntbe lengthened to allow for more reviewby the Flyway Technical Committeesand the public. Illinois recommendedthat implementation of a youth hunt bedelayed until the 1997–98 seasons,while South Dakota recommended thatthe name of the special day be changedto ‘‘Youth Duck Hunting Day.’’ Oneindividual recommended that theService encourage hunting guides tooffer free hunting to youths on thespecial day.

Service Response: The Serviceappreciates the suggestions andwidespread support for the youthhunting day concept. The Servicerecognizes those organizations andindividuals opposed to this concept onthe basis of general opposition tohunting as a desirable outdoorrecreational activity. The Service alsorecognizes the contribution of bothhunters and non-hunters to naturalresource conservation. The Servicebelieves recreational sport hunting is awise and compatible use of a renewablenatural resource and is directed byvarious legislation to regulate thehunting of migratory waterfowl. TheService views its role as one ofpermitting recreational harvestopportunities consistent with long-termresource conservation for all Americans,and believes a well-educated andproperly trained hunting constituency isin the best interest of this objective.Thus, the Service views a youth huntingday as an educational opportunity tohelp ensure safe, high-quality huntingfor future generations of Americans. TheService believes that this proposal isconsistent with its responsibility toprovide general education and trainingin the wise recreational uses of ournation’s valuable wildlife resources. The

Service believes that this specialtraining opportunity will be mosteffective if restricted specifically toyouth hunters.

The Service believes that age criteriamust be consistent with previousdefinitions of youth hunters that areestablished in other Federal legislation.A youth is defined as a person less than16 years of age in the Migratory BirdConservation Act of 1934. Therefore, tomaintain consistency and to avoidconfusion, the Service believes that thisdefinition should also be employed forthe youth waterfowl hunting day.

The Service believes that the period10 days prior to and after the outsideframework dates for the regular duckseason provides sufficient flexibility forStates to provide this opportunity totheir constituents. The proposed youthhunting day can be selectedindependently in each recognized duckhunting zone within a State. TheService believes that restricting theopportunity to weekends or holidayswithin the proposed framework isreasonable and should afford maximumopportunity for participation by youthhunters during the school year.

The Service also recognizes thatnumerous differences exist among theStates with respect to requirements foradult supervision of youth hunters. It isnot the intent of the Service to mandateconformity with respect to theserequirements. However, it is the intentof the Service to promote only thehighest standards of safety and qualitysportsmanship among youth hunters.Thus, the Service believes that adultsupervision is necessary, but that thespecific qualifications should bedetermined by the various State lawsand regulations already in place togovern such activities. Further, theService feels that this is an opportunityfor the education of young hunters andthus believes that on this special day thesupervising adult, 18 or older, shoulddevote their full time and attention toensuring a safe, high-quality andsuccessful hunt to the participatingyouth rather than hunting themselves.

Regarding bag limits for the specialday, the Service has reviewed itsproposal in light of the need to trainyouth hunters to be responsibleparticipants in waterfowl hunting.Therefore, since sex and speciesrestrictions are a necessary andimportant component of duck hunting,the Service sees merit in employing theprevailing bag limits, including speciesand sex restrictions, for this learningopportunity.

The Service recognizes the potentialopportunity that inclusion of geese inthe youth waterfowl hunt might


provide. However, due to seasonclosures and restrictions in place toprotect certain populations of Canadageese in various parts of the country, theService believes this complication is notappropriate at this point. This iscertainly a matter for consideration infuture regulatory cycles. The Serviceconcurs that the proposal shouldinclude coots, moorhens, and gallinules,as these species are normally includedin regular duck seasons.

The Service will encourage youthhunting day participation wherever itcan, including National Wildlife refugeswith established hunting programs. TheService will continue to evaluate thisopportunity annually, including anassessment of possible expansion andthe need for additional criteria. TheService believes that this opportunityshould be offered during the 1996–97hunting season and that further dialogueand refinements can be incorporated infuture years.

The Service believes that the long-term conservation of North America’smigratory bird resources depends on thefuture attitudes and actions of today’syouth. The proposed special youth daywill assist in the formation anddevelopment of a conservation ethic infuture generations. The special daywould provide an opportunity for younghunters (15 or under), accompanied byan adult (18 or older), to experience asafe, high-quality waterfowlingexperience. The Service’s intent inestablishing this special day is tointroduce youth to the concepts ofethical utilization and stewardship ofwaterfowl and other natural resources,encourage youngsters and adults toexperience the outdoors together, andcontribute to the long-term conservationof the migratory bird resource. Becausethe special 1-day hunt would be limitedto youth hunters, the Service believesthat waterfowl populations can supportthe additional harvest and that the huntwould produce long-term benefits to theresource.

Therefore, the Service is proposingthe following guidelines:

1. States may select 1 day per duck-hunting zone, designated as ‘‘YouthWaterfowl Hunting Day’’, in addition totheir regular duck seasons.

2. The day must be held outside anyregular duck season on either a weekendor holiday when youth hunters wouldhave the maximum opportunity toparticipate.

3. The day could be held up to 10days before or after any regular duck-season frameworks or within any splitof a regular duck season.

4. The daily bag limit may includeducks, mergansers, coots, moorhens,and gallinules and would be the sameas that allowed in the regular season.Flyway species restrictions wouldremain in effect.

5. Youth hunters must be 15 years ofage or younger.

6. An adult at least 18 years of agemust accompany the youth hunter intothe field. This adult could not duckhunt but may participate in otherseasons that are open on the specialyouth day.

7. The special youth hunt day will beconsidered a trial for the 1996–97season and will be evaluated by theService.

The Service recognizes the value ofhunter education and safety training forall those who participate in sporthunting and especially for allparticipants in the ‘‘Youth WaterfowlHunting Day.’’ These courses shouldpromote positive outdoor experienceswhile emphasizing the need to act safelyand responsibly during this specialhunting day as well as any other dayduring the season.

Public Comment Invited

The Service intends that adopted finalrules be as responsive as possible to allconcerned interests and wants to obtaincomments from all interested areas ofthe public, as well as other governmentagencies. Such comments, and anyadditional information received, maylead to final regulations that differ fromthese proposals.

However, special circumstancesinvolved in establishing theseregulations limit the amount of time theService can allow for public comment.Specifically, two considerationscompress the time in which therulemaking process must operate: (1) theneed to establish final rules at a pointearly enough in the summer to allowaffected State agencies to appropriatelyadjust their licensing and regulatorymechanisms; and (2) the unavailability,before mid-June, of specific, reliabledata on this year’s status of somewaterfowl and migratory shore andupland game bird populations.Therefore, and in light of the fact thatthe Service sought, and receivedsignificant, public comment in thedevelopment of this proposal, theService believes allowing commentperiods past the dates specified iscontrary to the public interest.

Comment Procedure

The Department of the Interior’spolicy affords the public an opportunityto participate in the rulemaking process,

whenever practical. Accordingly,interested persons may participate bysubmitting written comments to theChief, Office of Migratory BirdManagement, U.S. Fish and WildlifeService, Department of the Interior, ms634—ARLSQ, 1849 C Street, NW.,Washington, DC 20240. The public mayinspect comments during normalbusiness hours at the Service’s office inroom 634, Arlington Square Building,4401 N. Fairfax Drive, Arlington,Virginia. The Service will consider allcomments received and will try toacknowledge received comments, butmay not provide an individual responseto each commenter.

NEPA Consideration

NEPA considerations are covered bythe programmatic document, ‘‘FinalSupplemental Environmental ImpactStatement: Issuance of AnnualRegulations Permitting the SportHunting of Migratory Birds (FSES 88–14),’’ filed with EPA on June 9, 1988.The Service published a Notice ofAvailability in the June 16, 1988,Federal Register (53 FR 22582). TheService published its Record of Decisionon August 18, 1988 (53 FR 31341).Copies of these documents are availablefrom the Service at the addressindicated under the captionADDRESSES.

Endangered Species Act Consideration

As in the past, the Service will designhunting regulations to remove oralleviate chances of conflict betweenmigratory game bird hunting seasonsand the protection and conservation ofendangered and threatened species.Consultations are presently under wayto ensure that actions resulting fromthese regulatory proposals will notlikely jeopardize the continuedexistence of endangered or threatenedspecies or result in the destruction oradverse modification of their criticalhabitat. Findings from theseconsultations will be included in abiological opinion and may causemodification of some regulatorymeasures proposed in this document.The final frameworks will reflect anysuch modifications. The Service’sbiological opinions resulting from itsconsultation under Section 7 are publicdocuments available for publicinspection in the Division ofEndangered Species and the Office ofMigratory Bird Management, U.S. Fishand Wildlife Service, Arlington SquareBuilding, 4401 N. Fairfax Drive,Arlington, Virginia.


Regulatory Flexibility Act; ExecutiveOrder (E.O.) 12866 and the PaperworkReduction Act

In the Federal Register dated March22, 1996, the Service reported measuresit took to comply with requirements ofthe Regulatory Flexibility Act and theExecutive Order. One measure was toprepare a Small Entity FlexibilityAnalysis (Analysis) in 1995documenting the significant beneficialeconomic effect on a substantial numberof small entities. The Analysis estimatedthat migratory bird hunters wouldspend between $258 and $586 million atsmall businesses in 1995. Copies of theAnalysis are available upon requestfrom the Office of Migratory BirdManagement. This rule was not subject

to review by the Office of Managementand Budget under E.O. 12866.

The Service examined these proposedregulations under the PaperworkReduction Act of 1995 and found noinformation collection requirements.

Unfunded MandatesThe Service has determined and

certifies in compliance with therequirements of the Unfunded MandatesAct, 2 U.S.C. 1502 et seq., that thisrulemaking will not impose a cost of$100 million or more in any given yearon local or State government or privateentities.


The Department, in promulgating thisproposed rule, has determined that

these regulations meet the applicablestandards provided in Sections 3(a) and3(b)(2) of Executive Order 12988.


Exports, Hunting, Imports, Reportingand recordkeeping requirements,Transportation, Wildlife.

The rules that eventually will bepromulgated for the 1996–97 huntingseason are authorized under 16 U.S.C.703–711, 16 U.S.C. 712, and 16 U.S.C.742 a-j.

Dated: August 8, 1996.Donald J. Barry,Acting Assistant Secretary for Fish andWildlife and Parks.BILLING CODE 4310–55–F

[FR Doc. 96–20847 Filed 8–14–96; 8:45 am]

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Part VI


50 CFR Part 20Migratory Bird Hunting; ProposedFrameworks for Late-Season MigratoryBird Hunting Regulations; Proposed Rule




50 CFR Part 20

RIN 1018-AD69

Migratory Bird Hunting; ProposedFrameworks for Late-Season MigratoryBird Hunting Regulations

AGENCY: Fish and Wildlife Service,Interior.ACTION: Proposed rule; supplemental.

SUMMARY: The Fish and Wildlife Service(hereinafter the Service) is proposing toestablish the 1996–97 late-seasonhunting regulations for certainmigratory game birds. The Serviceannually prescribes frameworks, orouter limits, for dates and times whenhunting may occur and the number ofbirds that may be taken and possessedin late seasons. These frameworks arenecessary to allow State selections ofseasons and limits and to allowrecreational harvest at levels compatiblewith population and habitat conditions.DATES: The comment period forproposed late-season frameworks willend on September 3, 1996.ADDRESSES: Comments should bemailed to Chief, Office of Migratory BirdManagement, U.S. Fish and WildlifeService, Department of the Interior, ms634—ARLSQ, 1849 C Street, NW.,Washington, DC 20240. The public mayinspect comments during normalbusiness hours in room 634, ArlingtonSquare Building, 4401 N. Fairfax Drive,Arlington, Virginia.FOR FURTHER INFORMATION CONTACT: PaulR. Schmidt, Chief, Office of MigratoryBird Management, U.S. Fish andWildlife Service, (703) 358–1714.SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1996On March 22, 1996, the Service

published in the Federal Register (61FR 11992) a proposal to amend 50 CFRpart 20. The proposal dealt with theestablishment of seasons, limits, andother regulations for migratory gamebirds under §§ 20.101 through 20.107,20.109, and 20.110 of subpart K. OnJune 13, 1996, the Service published inthe Federal Register (61 FR 30114) asecond document providingsupplemental proposals for early- andlate-season migratory bird huntingregulations frameworks. The June 13supplement also provided detailedinformation on the 1996–97 regulatoryschedule and announced the ServiceMigratory Bird Regulations Committeeand Flyway Council meetings. On June14, 1996, the Service published in the

Federal Register (61 FR 30490) a thirddocument describing the Service’sproposed 1996–97 regulatoryalternatives for duck hunting and itsintent to consider establishing a specialyouth waterfowl hunting day.

On June 27, 1996, the Service held apublic hearing in Washington, DC, asannounced in the March 22 and June 14Federal Registers to review the status ofmigratory shore and upland game birds.Proposed hunting regulations werediscussed for these species and for otherearly seasons. On July 22, 1996, theService published in the FederalRegister (60 FR 37994) proposed early-season frameworks for the 1996–97season. The Service will publish a fifthdocument containing final frameworksfor early seasons from which wildlifeconservation agency officials from theStates and Territories may select early-season hunting dates, hours, areas, andlimits in late-August.

On August 2, 1996, the Service helda public hearing in Washington, DC, asannounced in the March 22, June 13,and July 22 Federal Registers, to reviewthe status of waterfowl. Proposedhunting regulations for these lateseasons and the Service’s proposal toestablish a youth waterfowl hunting daywere discussed. The Service willpublish a proposed rule specificallydealing with the proposed youthwaterfowl hunting day in mid-August.

This document deals specifically withproposed frameworks for the late-seasonmigratory bird hunting regulations. Itwill lead to final frameworks fromwhich States may select season dates,hours, areas, and limits. The Service hasconsidered all pertinent commentsreceived through August 2, 1996, indeveloping this document. In addition,new proposals for certain late-seasonregulations are provided for publiccomment. Comment periods arespecified above under DATES. TheService will publish final regulatoryframeworks for late-season migratorygame bird hunting in the FederalRegister on or about September 23,1996.

Presentations at Public HearingThe Service presented a report on the

status of waterfowl. This report isbriefly reviewed below as a matter ofpublic information, and is a summary ofinformation contained in the ‘‘Status ofWaterfowl and Fall Flight Forecast’’report.

Most goose and swan populations inNorth America remain numericallysound and the size of most fall flightswill be similar to those of last year.Production of young in 1996 is expectedto be about average for most

populations. Generally, springphenology was later than normal inmost of the U.S. and Canada, but earlierthan normal in coastal areas of Alaska.Habitat conditions for nesting geesewere mostly good in northwestern andsouthern Canada and the northern U.S.,but poor near James and Ungava bays.

The 1996 estimate of total ducks inthe traditional survey area was 37.5million, an increase of 5 percent fromthat in 1995 and 16 percent higher thanthe long-term average. The estimate formallards was 7.9 million, a valuesimilar to that of last year. Blue-wingedteal, and northern shovelers increasedover 1995 estimates to record-highlevels, but American wigeon decreased.The number of ponds in May was 18percent higher than that of last year, andwas the second highest estimaterecorded. In eastern areas of Canada andthe U.S., surveys of strata 51–56 wereconducted for the seventh consecutiveyear. In this area, the number of totalducks was similar to that of last yearand to the 1990–95 average. Habitatsthroughout the eastern areas improvedrelative to last year, and most areas hadabundant water. The preliminaryestimate of the total-duck fall-flightindex is 83 million birds, compared to77 million last year. The fall flight willinclude approximately 11.4 millionmallards, unchanged from the estimateof 11.1 million in 1995.

During the 1995–96 hunting season,the number of hunters and their daysafield were similar to last season andthere were substantial increases in duckharvests. However, the number ofwaterfowl hunters continues to remainfar below levels observed in the 1970’s.The sport harvest of ducks continues torebound from the record low in 1988.The 1995 estimate of ducks harvested inthe U.S. was similar to the last periodof liberal harvest regulations (1979–84).Goose harvest has increased about four-fold over the period of record (i.e.,1961–95). Harvest of 4 of the 5 mostabundant species in the bag increasedlast season compared with the previousyear (mallard +39 percent, Canada geese+3 percent, green-winged teal +53percent, wood duck +17 percent, andgadwall +82 percent). Overall, duck andgoose harvest increased 46 percent and6 percent, respectively. Harvest surveydata suggest that the reproductivesuccess of ducks in the midcontinentregion was lower last year. Most goosespecies experienced increases inrecruitment in 1995 compared to 1994.


Review of Comments Received at PublicHearing

Two individuals presented statementsat the August 2, 1996, public hearing.These comments are summarized below.

Mr. Joe Kramer, representing theCentral Flyway Council, commented on12 issues of importance to the CentralFlyway. Mr. Kramer expressed hissupport for the concept of a youthwaterfowl hunting day and suggestedthe Service work with the FlywayCouncils to refine and improve thisimportant effort. He urged the Service tocontinue and enhance current huntingprograms on National Wildlife Refuges.He also recommended the Service workwith State waterfowl management staffto implement strategies to increase snowgoose harvest both on and off NationalWildlife Refuges. Mr. Kramer supporteda light goose closing framework date ofMarch 10 for all areas in the CentralFlyway, including Nebraska’s RainwaterBasin Counties. He further indicatedthat the Council’s recommendationincluded a closure of all Federal andState wildlife areas, which wouldalleviate concerns for migratory birdspecies.

Mr. Kramer expressed support forcontinuation of the current Serviceaircraft program used to conductmigratory game bird survey program. Hepointed out the critical need to continuethe Migratory Shore and Upland GameBird Research Program at the fullfunding level of $750,000. He alsoexpressed the Council’s support of theAdaptive Harvest Management (AHM)process, as indicated by Counciladoption of the Service’s duckregulations alternative. Mr. Kramerrecommended development of a interimpintail harvest strategy until integrationinto the AHM process. He indicated thatwhile the Council’s recommended darkgoose seasons are essentially unchangedthis year, next year will likely promptchanges after management planrevisions during the upcoming year. Heconveyed the Council’s endorsement ofall Central Flyway States to conductspecial seasons to control local breedingpopulations of resident Canada geese.He also expressed the Council’swillingness to work with representativesof the Mississippi and Atlantic FlywayCouncils to cooperatively develop acomprehensive harvest strategy for blue-winged teal. Lastly, he stated that theCouncil will recommend minoradministrative boundary changes for theHigh Plains Mallard Management Unitfor next year.

Mr. Bruce Barbour, representing theNational Audubon Society, providedcomments on 1996–97 migratory bird

hunting regulation proposals. Withrespect to swans, he supported theregulation proposals for tundra swansand the efforts to restore breedingpopulations of trumpeter swansthroughout their historic breeding range.He indicated that most Canada goosepopulations were doing well, but voicedconcern for the dusky subspecies, theSouthern James Bay Population, and theAtlantic population. He supported theService’s regulatory proposals for geeseand for the Service’s innovative effortsto control local breeding populations ofresident Canada geese, as long as actionswere done humanely and with as littlewaste as possible. He supported theproposal to reduce harvest rates onAtlantic brant. Mr. Barbour thendiscussed the status of light goosepopulations and highlighted concernsfor the overpopulation of mid-continentand Atlantic population snow geese. Heexpressed support for the March 10framework closing date and theService’s exception for the NebraskaRainwater Basin.

Mr. Barbour stated that beginning in1993, wetland conditions for prairienesting ducks had progressivelyimproved and 1996 conditions weregood to excellent across the entirePrairie Pothole Region and greatlyimproved conditions in southernAlberta and Saskatchewan. Althoughmost species are at or above recordlevels, he indicated continued concernfor pintails, scaup and wigeon. Heexpressed National Audubon’s supportof the continued development of AHMapproach to duck harvest managementand the selection of the liberal packagefor all four flyways. He furtherencouraged cooperative efforts tomodify regulatory packages for nextyear, but cautioned the Service tocarefully consider the results of arecently completed North AmericanDuck Hunter Survey in thesedeliberations. Specifically, he remindedthe Service that the vast majority ofhunters were satisfied with daily baglimits of 4, 5, or 6 and that huntersfavored increased days of huntingopportunity over larger bag limits.

Finally, he encouraged carefulmonitoring of participation in theUSDA’s Conservation Reserve Program.He noted increased conversion ofacreage enrolled in the program backinto grain production which wasresulting in a significant loss of nestinghabitat. He urged the Service to increaseallocations of Migratory BirdConservation Act and North AmericanWetland Conservation Act funds to theimportant Prairie Pothole Region. Healso indicated his support for full

implementation of the HarvestInformation Program.

Flyway Council Recommendations andWritten Comments

The preliminary proposed rulemakingwhich appeared in the March 22Federal Register, opened the public-comment period for late-seasonmigratory game bird huntingregulations. As of August 2, 1996, theService had received 194 comments; 12of these specifically addressed late-season issues. The Service also receivedrecommendations from all four FlywayCouncils. Late-season comments aresummarized and discussed in the orderused in the March 22 Federal Register.Only the numbered items pertaining tolate seasons for which writtencomments were received are included.Flyway Council recommendationsshown below include only thoseinvolving changes from the 1995–96late-season frameworks. For those topicswhere a Council recommendation is notshown, the Council supportedcontinuing the same frameworks as in1995–96.

1. DucksThe categories used to discuss issues

related to duck harvest management areas follows: (A) General Harvest Strategy,(B) Framework Dates, (C) SeasonLength, (D) Closed Seasons, (E) BagLimits, (F) Zones and Split Seasons, and(G) Special Seasons/SpeciesManagement. Only those categoriescontaining substantial recommendationsare included below.

A. General Harvest StrategyCouncil Recommendations: The

Atlantic Flyway Council, the Upper-Region Regulations Committee of theMississippi Flyway Council, the CentralFlyway Council, and the Pacific FlywayCouncil recommended adopting the‘‘liberal’’ alternative for the 1996–97duck hunting season.

The Lower-Region RegulationsCommittee of the Mississippi FlywayCouncil recommended some specificmodifications to the ‘‘liberal’’alternative. These modifications aredetailed in B. Framework Dates, C.Season Length, and E. Bag Limits.

Written Comments: Senator JohnBreaux of Louisiana asked forconsideration of the Lower-RegionRegulations Committee of theMississippi Flyway Council’srecommendation.

Service Response: Beginning in 1995,the Service, Flyway Councils, and Statesintroduced a new approach to theregulation of duck harvests, calledAdaptive Harvest Management (AHM).


An integral part of this harvest-management approach is thecooperative establishment of a set ofregulatory alternatives that includesspecified season lengths and bag limitsfor restrictive, moderate, and liberalseasons. The alternatives established forthis year’s hunting season are similar tothose of the 1995 season and are theresult of extensive discussions with theFlyway Councils and States since lastJanuary, as well as involvement by thepublic during an open comment period.

The estimate of total ducks this yearis 16 percent higher than the long-termaverage and several species are at recordlevels. The outlook for production isexcellent and the 1996 fall flight will becomparable to those observed during the1970s. Based on favorable input, theService seeks to continue use of theAHM approach initiated last year. TheAHM strategy for 1996 prescribes theliberal regulatory alternative based onhigh mallard and pond numbers.

The frameworks recommended by theLower-Region Regulations Committee ofthe Mississippi Flyway Council differedfrom those in the ‘‘liberal’’ alternativeestablished earlier this year. TheService’s proposal is consistent with the‘‘liberal’’ alternative outlined in the July22 Federal Register and was supportedby the other three Flyway Councils aswell as the Mississippi FlywayCouncil’s Upper-Region RegulationsCommittee.

The Service recognizes the need toaddress the issue of harvest opportunityfor species other than mallards that maybe at or above objective populationlevels. Consequently, as part of thecontinuing development of AHM, theService and Flyway Councils will soonbegin a comprehensive review ofregulatory alternatives, including allaspects of duck hunting regulations, inpreparation for the 1997–98 huntingseason.

B. Framework Dates

Council Recommendations: TheLower-Region Regulations Committee ofthe Mississippi Flyway Councilrecommended fixed September 28 andJanuary 23 framework dates.

Written Comments: Senators ThadCochran and Trent Lott of Mississippirecommended an experimental January31 framework closing date forMississippi.

An individual from Texasrecommended extended the seasonthrough the second week of February.

C. Season Length

Council Recommendations: TheLower-Region Regulations Committee of

the Mississippi Flyway Councilrecommended a 53-day season.

E. Bag Limits

Council Recommendations: TheLower-Region Regulations Committee ofthe Mississippi Flyway Councilrecommended a 6-duck daily bag limitincluding no more than 4 mallards (nomore than 1 of which could be a hen),4 mottled ducks, 4 scaup, 4 ringnecks,4 goldeneyes, 4 buffleheads, 2 woodducks, 2 redheads, 2 canvasbacks, 1pintail, and 1 black duck.

Written Comments: Senators ThadCochran and Trent Lott of Mississippirecommended an experimental 6-birddaily bag limit for Mississippi.

An individual from Texasrecommended a 5-bird daily bag limitincluding at least 2 pintails and 2redheads. Another individual fromTexas recommended a 5-bird daily baglimit including 2 to 3 pintails.

F. Zones and Split Seasons

Council Recommendations: TheAtlantic Flyway Council recommendedthat the Service implement theproposed changes to guidelines for theuse of zones and split seasons, anddetermine if States could be allowed tohave 3 zones, with split seasons in each,where the numbers of hunters andducks harvested in one or more zoneswould be very small.

The Upper-Region RegulationsCommittee of the Mississippi FlywayCouncil recommended an additionaloption of 3 zones and 2-way splits beprovided as a regular option to all Statesin 1997.

Written Comments: An individualfrom Wyoming requested the Service’sguidelines allow non-contiguous zones.

G. Special Seasons/SpeciesManagement

i. Black DucksCouncil Recommendations: The

Atlantic Flyway Council recommendedthat the individual Atlantic FlywayStates achieve a 40 percent reduction intheir black duck harvest during the1996–97 season compared with the1977–81 base-line harvest.

ii. CanvasbacksCouncil Recommendations: The

Lower-Region Regulations Committee ofthe Mississippi Flyway Councilrecommended a daily bag limit of 2canvasbacks.

Written Comments: An individualfrom Washington recommended a dailybag limit of 2 canvasbacks.

4. Canada GeeseCouncil Recommendations: The

Upper-Region Regulations Committee of

the Mississippi Flyway Councilrecommended several changes inCanada goose quotas, season lengths,etc., based on population status andpopulation management plans andprograms.

The Upper-Region RegulationsCommittee of the Mississippi FlywayCouncil recommended the Service allow3-way splits for goose seasons. TheCouncil further recommended that 3-way split seasons for Canada geeserequire both Council and Serviceapproval and a 3-year evaluation byeach participating State.

The Lower-Region RegulationsCommittee of the Mississippi FlywayCouncil recommended a dark goosedaily bag limit of 3 Canada geese, 2white-fronted geese, and 2 brant.

The Central Flyway Councilrecommended a 4-bird dark gooseaggregate bag limit in the west-tierStates, except for the Western GooseZone of Texas.

The Pacific Flyway Councilrecommended a closing framework datein the NW Oregon Special Permit Zoneof the Sunday closest to February 28.During the extended period, huntingwould occur one day per week. TheCouncil also recommended themorphological definition of a duskyCanada goose be defined as darkbreasted (Munsell 10YR color value of 5or less) with a culmen measurement of40 to 50 millimeters.

C. Special Late Seasons

Council Recommendations: TheAtlantic Flyway Council recommendednew experimental late seasons forresident geese in Maryland, RhodeIsland, and Virginia, and additionaldays and area modifications for existingseasons in Georgia, Massachusetts, NewJersey, New York, Pennsylvania, andSouth Carolina.

The Upper-Region RegulationsCommittee of the Mississippi FlywayCouncil recommended the special lateseason in the Fergus Falls/AlexandriaGoose Zone of Minnesota be madeoperational.

The Pacific Flyway Councilrecommended a daily bag andpossession limit of 2 and 4 cacklingCanada geese, respectively, in the SWWashington Special Goose Zone duringthe February 5 to March 10 late season.

6. Brant

Council Recommendations: TheAtlantic Flyway Council recommendeda 30-day Atlantic brant season with a 2-bird daily bag limit.


7. Snow and Ross’s GeeseCouncil Recommendations: The

Atlantic Flyway Council recommendeda March 10 framework closing date witha daily bag and possession limit of 8 and24, respectively. The Council alsorecommended allowing the season to besplit into three segments.

The Upper-Region and Lower-RegionRegulations Committees of theMississippi Flyway Councilrecommended a March 10 frameworkclosing date with a daily bag andpossession limit of 10 and 30,respectively.

The Central Flyway Councilrecommended a March 10 frameworkclosing date, except for Federal andState lands in the Rainwater Basincounties in Nebraska, with a daily bagand possession limit of 10 and 40,respectively.

Written Comments: An individualfrom Wyoming requested a March 10framework closing date. An individualfrom Nebraska recommended a March10 framework closing date andinclusion of the Rainwater Basincounties in the snow goose hunt area.

Service Response: The Serviceconcurs with the requests to extend theframework closing date for light geese toMarch 10 in the Atlantic, Mississippi,and Central Flyways, but believes thatthis extension should be limited to areasthat do not pose a threat to themanagement and welfare of othermigratory bird species during the springmigration and nesting period. In thisregard, the Service has identified theRainwater Basin Area of Nebraska andproposes to not extend the frameworkclosing date in this 17 county area,including: Adams, Butler, Clay,Fillmore, Franklin, Gosper, Hall,Hamilton, Harland, Kearney, Nuckolls,Phelps, Polk, Saline, Seward, Thayer,and York counties. The Service furtherrequests that states in the Central,Mississippi, and Atlantic Flyways workwith Service staff to identify otherimportant migratory bird staging areaswhere snow geese are co-mingled withother species to the extent that sport-hunting activities may potentially causesignificant disturbance to other species.Other areas that may pose a similarthreat to other species will also beexempted from this framework closingdate extension.

8. SwansCouncil Recommendations: The

Atlantic Flyway Council recommendedthat 5600 tundra swan permits be issuedfor the 1996–97 season. The Councilrecommended that North Carolinareceive 5000 permits and Virginia 600.

The Council also recommendedeliminating the requirement that tundraswan seasons must be held during snowgoose seasons.

Written Comments: The HumaneSociety of the United States requestedthat the Service close all swan huntingseasons, citing that tundra swan seasonswere impeding, if not preventing, winterrange expansion and recovery oftrumpeter swans.

Public Comment Invited

Based on the results of migratorygame bird studies now in progress, andhaving due consideration for any data orviews submitted by interested parties,the possible amendments resulting fromthis supplemental rulemaking willspecify open seasons, shooting hours,and bag and possession limits fordesignated migratory game birds in theUnited States.

The Service intends that adopted finalrules be as responsive as possible to allconcerned interests, and wants to obtainthe comments and suggestions of thepublic, other concerned governmentalagencies, and private interests on theseproposals. Such comments, and anyadditional information received, maylead to final regulations that differ fromthese proposals.

Special circumstances are involved inthe establishment of these regulationswhich limit the amount of time that theService can allow for public comment.Specifically, two considerationscompress the time in which therulemaking process must operate: (1) theneed to establish final rules at a pointearly enough in the summer to allowaffected State agencies to appropriatelyadjust their licensing and regulatorymechanisms; and (2) the unavailabilityof specific, reliable data on this year’sstatus before mid-June for migratoryshore and upland game birds and somewaterfowl, and before late July for mostwaterfowl. Therefore, the Servicebelieves that to allow comment periodspast the dates specified is contrary topublic interest.

Comment Procedure

It is the policy of the Department ofthe Interior, whenever practical, toafford the public an opportunity toparticipate in the rulemaking process.Accordingly, interested persons mayparticipate by submitting writtencomments to the Chief, Office ofMigratory Bird Management, U.S. Fishand Wildlife Service, Department of theInterior, ms 634—ARLSQ, 1849 C Street,NW., Washington, DC 20240. The publicmay inspect comments during normalbusiness hours at the Service’s office in

room 634, Arlington Square Building,4401 N. Fairfax Drive, Arlington,Virginia.

The Service will consider all relevantcomments received and will try toacknowledge received comments, butmay not provide an individual responseto each commenter.

NEPA ConsiderationNEPA considerations are covered by

the programmatic document, ‘‘FinalSupplemental Environmental ImpactStatement: Issuance of AnnualRegulations Permitting the SportHunting of Migratory Birds (FSES 88–14),’’ filed with EPA on June 9, 1988.The Service published a Notice ofAvailability in the June 16, 1988,Federal Register (53 FR 22582). TheService published its Record of Decisionon August 18, 1988 (53 FR 31341).However, this programmatic documentdoes not prescribe year-specificregulations; those are developedannually. The annual regulations andoptions are being considered in theEnvironmental Assessment, ‘‘WaterfowlHunting Regulations for 1996.’’ Copiesof these documents are available fromthe Service at the address indicatedunder the caption ADDRESSES.

Endangered Species Act Consideration

As in the past, the Service will designhunting regulations to remove oralleviate chances of conflict betweenmigratory game bird hunting seasonsand the protection and conservation ofendangered and threatened species.Consultations are presently under wayto ensure that actions resulting fromthese regulatory proposals will notlikely jeopardize the continuedexistence of endangered or threatenedspecies or result in the destruction oradverse modification of their criticalhabitat. Findings from theseconsultations will be included in abiological opinion and may causemodification of some regulatorymeasures proposed in this document.The final frameworks will reflect anymodifications. The Service’s biologicalopinions resulting from its Section 7consultation are public documentsavailable for public inspection in theService’s Division of EndangeredSpecies and MBMO, at the addressindicated under the caption ADDRESSES.

Regulatory Flexibility Act; ExecutiveOrder (E.O.) 12866 and the PaperworkReduction Act

In the March 22, 1996, FederalRegister, the Service reported measuresit took to comply with requirements ofthe Regulatory Flexibility Act and E.O.


12866. One measure was to prepare aSmall Entity Flexibility Analysis(Analysis) in 1995 documenting thesignificant beneficial economic effect ona substantial number of small entities.The Analysis estimated that migratorybird hunters would spend between $258and $586 million at small businesses.Copies of the Analysis are availableupon request from the Office ofMigratory Bird Management. TheService is currently updating andexpanding the 1995 Analysis. This rulewas not subject to review by the Officeof Management and Budget under E.O.12866.

The Service examined these proposedregulations under the PaperworkReduction Act of 1995 and found noinformation collection requirements.

Unfunded Mandates

The Service has determined andcertifies in compliance with therequirements of the Unfunded MandatesAct, 2 U.S.C. 1502 et seq., that thisrulemaking will not impose a cost of$100 million or more in any given yearon local or State government or privateentities.

Civil Justice Reform—Executive Order12988

The Department, in promulgating thisproposed rule, has determined thatthese regulations meet the applicablestandards provided in Sections 3(a) and3(b)(2) of Executive Order 12988.


Exports, Hunting, Imports, Reportingand recordkeeping requirements,Transportation, Wildlife.

PART 20—[AMENDED]

The authority citation for Part 20would be revised to read as follows:

Authority: 16 U.S.C. 703–712, and 742 a-j.

Dated: August 7, 1996Donald J. BarryActing Assistant Secretary for Fish andWildlife and Parks

Proposed Regulations Frameworks for1996–97 Late Hunting Seasons onCertain Migratory Game Birds

Pursuant to the Migratory Bird TreatyAct and delegated authorities, theDepartment has approved frameworksfor season lengths, shooting hours, bagand possession limits, and outside dateswithin which States may select seasonsfor hunting waterfowl and cootsbetween the dates of September 1, 1996,and March 10, 1997.

GeneralDates: All outside dates noted below

are inclusive.Shooting and Hawking (taking by

falconry) Hours: Unless otherwisespecified, from one-half hour beforesunrise to sunset daily.

Possession Limits: Unless otherwisespecified, possession limits are twicethe daily bag limit.

Definitions: For the purpose ofhunting regulations listed below, thecollective terms ‘‘dark’’ and ‘‘light’’geese include the following species:

Dark geese - Canada geese, white-fronted geese, brant, and all other goosespecies except light geese.

Light geese - snow (including blue)geese and Ross’ geese.

Area, Zone, and Unit Descriptions:Geographic descriptions related to late-season regulations are contained in alater portion of this document.

Area-Specific Provisions: Frameworksfor open seasons, season lengths, bagand possession limits, and other specialprovisions are listed below by flyway.

Atlantic FlywayThe Atlantic Flyway includes

Connecticut, Delaware, Florida, Georgia,Maine, Maryland, Massachusetts, NewHampshire, New Jersey, New York,North Carolina, Pennsylvania, RhodeIsland, South Carolina, Vermont,Virginia, and West Virginia.

Ducks, Mergansers, and CootsOutside Dates: Between October 1 and

January 20.Hunting Seasons and Duck Limits: 50

days and daily bag limit of 5 ducks,including no more than 1 hen mallard,1 black duck, 1 pintail, 1 mottled duck,1 fulvous whistling duck, 2 wood ducks,2 redheads, and 1 canvasback.

Closures: The season on harlequinducks is closed.

Sea Ducks: In all areas outside ofspecial sea duck areas, sea ducks areincluded in the regular duck daily bagand possession limits. However, duringthe regular duck season within thespecial sea duck areas, the sea duckdaily bag and possession limits may bein addition to the regular duck daily bagand possession limits.

Merganser Limits: The daily bag limitof mergansers is 5, only 1 of which maybe a hooded merganser.

Coot Limits: The daily bag limit is 15coots.

Lake Champlain Zone, New York: Thewaterfowl seasons, limits, and shootinghours shall be the same as thoseselected for the Lake Champlain Zone ofVermont.

Zoning and Split Seasons: Delaware,Florida, Georgia, Maryland, North

Carolina, Rhode Island, South Carolina,and Virginia may split their seasons intothree segments; Connecticut, Maine,Massachusetts, New Hampshire, NewJersey, New York, Pennsylvania,Vermont, and West Virginia may selecthunting seasons by zones and may splittheir seasons into two segments in eachzone.

Canada Geese

Season Lengths, Outside Dates, andLimits: The canada goose season issuspended throughout the Flywayexcept as noted below. Unless specifiedotherwise, seasons may be split into twosegments.

Connecticut: A special experimentalseason may be held in the South Zonebetween January 15 and February 15,with 5 geese per day.

Georgia: In specific areas, a 70-dayexperimental season may be heldbetween November 15 and February 15,with a limit of 5 Canada geese per day.

Maryland: An experimental seasonmay be held in designated areas ofwestern Maryland from January 15 toFebruary 15, with 5 geese per day.

Massachusetts: In the Central Zoneand a portion of the Coastal Zone, aseason may be held from January 15 toFebruary 15, with 5 geese per day.

New Jersey: An expandedexperimental season may be held indesignated areas of Northeast,Northwest, and Southeast New Jerseyfrom January 15 to February 15, with 5geese per day.

New York: An experimental seasonmay be held between January 15 andFebruary 15, with 5 geese daily inWestchester County and portions ofNassau, Orange, Putnam, and RocklandCounties.

Pennsylvania: Erie, Mercer, andButler Counties - 70 days betweenOctober 1 and January 31, with 1 gooseper day through October 15; 2 geese perday thereafter; 1 goose per day for thefirst 8 days after the opening.

Crawford County - 35 days betweenOctober 1 and January 20; with 1 gooseper day.

An expanded experimental seasonmay be held in the Susquehanna/JuniataZones from January 15 to February 15with 5 geese per day.

Rhode Island: An experimental seasonmay be held in a designated area fromJanuary 15 to February 15, with 5 geeseper day,

South Carolina: A 70-day specialseason may be held in the CentralPiedmont, Western Piedmont, andMountain Hunt Units during November15 to February 15, with a daily bag limitof 5 Canada geese per day.


Virginia: An experimental season maybe held from January 15 to February 15,with 5 geese per day, in all areas westof Interstate 95.

West Virginia: 70 days betweenOctober 1 and January 20, with 3 geeseper day.

Light GeeseSeason Lengths, Outside Dates, and

Limits: States may select a 107-dayseason between October 1 and March10, with 8 geese per day and 24 inpossession. States may split theirseasons into three segments.

BrantSeason Lengths, Outside Dates, and

Limits: States may select a 30-dayseason between October 1 and January20, with 2 brant per day. States maysplit their seasons into two segments.

Mississippi FlywayThe Mississippi Flyway includes

Alabama, Arkansas, Illinois, Indiana,Iowa, Kentucky, Louisiana, Michigan,Minnesota, Mississippi, Missouri, Ohio,Tennessee, and Wisconsin.

Ducks, Mergansers, and CootsOutside Dates: Between the Saturday

nearest October 1 (September 28 ) andthe Sunday nearest January 20 (January19).

Hunting Seasons and Duck Limits: 50days with a daily bag limit of 5 ducks,including no more than 4 mallards (nomore than 1 of which may be a female),3 mottled ducks, 1 black duck, 1 pintail,2 wood ducks, 1 canvasback, and 2redheads.

Merganser Limits: The daily bag limitis 5, only 1 of which may be a hoodedmerganser.


Zoning and Split Seasons: Alabama,Illinois, Indiana, Iowa, Kentucky,Louisiana, Michigan, Mississippi,Missouri, Ohio, Tennessee, andWisconsin may select hunting seasonsby zones.

In Alabama, Indiana, Iowa, Kentucky,Louisiana, Michigan, Mississippi, Ohio,Tennessee, and Wisconsin, the seasonmay be split into two segments in eachzone.

In Minnesota and Arkansas, theseason may be split into three segments.

Pymatuning Reservoir Area, Ohio:The seasons, limits, and shooting hoursshall be the same as those selected inthe adjacent portion of Pennsylvania(Northwest Zone).

GeeseSplit Seasons: Seasons for geese may

be split into three segments. Three-way

split seasons for Canada geese requireMississippi Flyway Council and U.S.Fish and Wildlife Service approval, anda 3-year evaluation, by eachparticipating state.

Season Lengths, Outside Dates, andLimits: States may select seasons forgeese not to exceed 70 days for darkgeese between the Saturday nearestOctober 1 (September 28) and January31, and 107 days for light geese betweenthe Saturday nearest October 1(September 28) and March 10. The dailybag limit is 10 light geese, 3 Canadageese, 2 white-fronted geese, and 2brant. The possession limit for lightgeese is 30. Specific regulations forCanada geese and exceptions to theabove general provisions are shownbelow by State.

Alabama: In the SJBP Goose Zone, theseason for Canada geese may not exceed35 days. Elsewhere, the season forCanada geese may extend for 70 days inthe respective duck-hunting zones. Thedaily bag limit is 2 Canada geese.

Arkansas: The season for Canadageese may extend for 23 days in the EastZone and 14 days in the West Zone. Inboth zones, the season may extend toFebruary 15. The daily bag limit is 2Canada geese. In the remainder of theState, the season for Canada geese isclosed.

Illinois: The total harvest of Canadageese in the State will be limited to94,900 birds. Limits are 2 Canada geesedaily and 10 in possession.

(a) North Zone - The season forCanada geese will close after 93 days orwhen 11,000 birds have been harvestedin the Northern Illinois Quota Zone,whichever occurs first.

(b) Central Zone - The season forCanada geese will close after 93 days orwhen 17,600 birds have been harvestedin the Central Illinois Quota Zone,whichever occurs first.

(c) South Zone - The harvest ofCanada geese in the Southern Illinoisand Rend Lake Quota Zones will belimited to 36,600 and 10,400 birds,respectively. The season for Canadageese in each zone will close after 84days or when the harvest limit has beenreached, whichever occurs first. In theSouthern Illinois Quota Zone, if any ofthe following conditions exist afterDecember 20, the State, afterconsultation with the Service, will closethe season by emergency order with 48hours notice:

1. 10 consecutive days of snow cover,3 inches or more in depth.

2. 10 consecutive days of daily hightemperatures less than 20 degrees F.

3. Average body weights of adultfemale geese less than 3,200 grams as

measured from a weekly sample of aminimum of 50 geese.

4. Starvation or a major diseaseoutbreak resulting in observed mortalityexceeding 5,000 birds in 10 days, or atotal mortality exceeding 10,000 birds.

In the remainder of the South GooseZone, the season may extend for 84 daysor until both the Southern Illinois andRend Lake Quota Zones have beenclosed, whichever occurs first.

Indiana: The total harvest of Canadageese in the State will be limited to24,200 birds.

(a) Posey County - The season forCanada geese will close after 65 days orwhen 4,350 birds have been harvested,whichever occurs first. The daily baglimit is 2 Canada geese.

(b) Remainder of the State - Theseason for Canada geese may extend for65 days in the respective duck-huntingzones, except in the SJBP Zone, wherethe season may not exceed 35 days. Thedaily bag limit is 2 Canada geese.

Iowa: The season may extend for 70days. The daily bag limit is 2 Canadageese.

Kentucky:(a) Western Zone - The season for

Canada geese may extend for 65 days(80 days in Fulton County), and theharvest will be limited to 21,000 birds.Of the 21,000-bird quota, 13,650 birdswill be allocated to the BallardReporting Area and 3,990 birds will beallocated to the Henderson/UnionReporting Area. If the quota in eitherreporting area is reached prior tocompletion of the 65-day season, theseason in that reporting area will beclosed. If this occurs, the season inthose counties and portions of countiesoutside of, but associated with, therespective subzone (listed in Stateregulations) may continue for anadditional 7 days, not to exceed a totalof 65 days (80 days in Fulton County).The season in Fulton County mayextend to February 15. The daily baglimit is 2 Canada geese.

(b) Pennyroyal/Coalfield Zone - Theseason may extend for 35 days. Thedaily bag limit is 2 Canada geese.

(c) Remainder of the State - Theseason may extend for 50 days. Thedaily bag limit is 2 Canada geese.

Louisiana: The season for Canadageese may extend for 9 days. During theseason, the daily bag limit for Canadaand white-fronted geese is 2, no morethan 1 of which may be a Canada goose.Hunters participating in the Canadagoose season must possess a specialpermit issued by the State.

Michigan: The total harvest of Canadageese in the State will be limited to53,300 birds.


(a) North Zone - The frameworkopening date for all geese is September28 and the season for Canada geese mayextend for 20 days. The daily bag limitis 2 Canada geese.

(b) Middle Zone - The season forCanada geese may extend for 20 days.The daily bag limit is 2 Canada geese.

(c) South Zone(1) Allegan County GMU - The season

for Canada geese will close after 51 daysor when 2,200 birds have beenharvested, whichever occurs first. Thedaily bag limit is 1 Canada goose.

(2) Muskegon Wastewater GMU - Theseason for Canada geese will close after53 days or when 700 birds have beenharvested, whichever occurs first. Thedaily bag limit is 2 Canada geese.

(3) Saginaw County GMU - Theseason for Canada geese will close after50 days or when 2,000 birds have beenharvested, whichever occurs first. Thedaily bag limit is 1 Canada goose.

(4) Tuscola/Huron GMU - The seasonfor Canada geese will close after 50 daysor when 750 birds have been harvested,whichever occurs first. The daily baglimit is 1 Canada goose.

(5) Remainder of South Zone -(i) The season for Canada geese may

extend for 30 days. The daily bag limitis 1 Canada goose.

(d) Southern Michigan GMU - Anexperimental special Canada gooseseason may be held between January 4and February 2. The daily bag limit is2 Canada geese.

Minnesota:(a) West Zone(1) West Central Zone - The season for

Canada geese may extend for 30 days. Inthe Lac Qui Parle Zone, the season willclose after 30 days or when 16,000 birdshave been harvested, whichever occursfirst. Throughout the West Central Zone,the daily bag limit is 1 Canada goose.

(2) Remainder of West Zone - Theseason for Canada geese may extend for40 days. The daily bag limit is 1 Canadagoose.

(b) Northwest Zone - The season forCanada geese may extend for 40 days.The daily bag limit is 1 Canada goose.

(c) Remainder of the State - Theseason for Canada geese may extend for70 days, except in the Twin Cities MetroZone and Olmsted County, where theseason may not exceed 80 days. Thedaily bag limit is 2 Canada geese.

(d) Fergus Falls/Alexandria Zone - Aspecial Canada goose season of up to 10days may be held in December. Duringthe special season, the daily bag limit is2 Canada geese.

Mississippi: The season for Canadageese may extend for 70 days. The dailybag limit is 3 Canada geese.

Missouri:

(a) Swan Lake Zone - The season forCanada geese will close after 40 days orwhen 5,000 birds have been harvested,whichever occurs first. The daily baglimit is 2 Canada geese.

(b) Schell-Osage Zone - The season forCanada geese may extend for 40 days.The daily bag limit is 2 Canada geese.

(c) Remainder of the State - Theseason for Canada geese may extend for70 days in the respective duck-huntingzones. The season may be split into 3segments, provided that one segment ofat least 9 days occurs prior to October15. The daily bag limit is 2 Canadageese.

Ohio: The season may extend for 70days in the respective duck-huntingzones, with a daily bag limit of 2 Canadageese, except in the Lake Erie SJBPZone, where the season may not exceed30 days and the daily bag limit is 1Canada goose. In the PymatumingReservoir Area, the seasons, limits, andshooting hours for all geese shall be thesame as those selected in the adjacentportion of Pennsylvania.

Tennessee:(a) Northwest Zone - The season for

Canada geese will close after 78 days orwhen 8,000 birds have been harvested,whichever occurs first. The season mayextend to February 15. All geeseharvested must be tagged. The daily baglimit is 2 Canada geese.

(b) Southwest Zone - The season forCanada geese may extend for 63 days,and the harvest will be limited to 700birds. The daily bag limit is 2 Canadageese.

(c) Kentucky/Barkley Lakes Zone -The season for Canada geese will closeafter 50 days or when 1,800 birds havebeen harvested, whichever occurs first.All geese harvested must be tagged. Thedaily bag limit is 2 Canada geese.

(d) Remainder of the State - Theseason for Canada geese may extend for70 days. The daily bag limit is 2 Canadageese.

Wisconsin: The total harvest ofCanada geese in the State will be limitedto 69,600 birds.

(a) Horicon Zone - The frameworkopening date for all geese is September21. The harvest of Canada geese islimited to 36,600 birds. The season maynot exceed 86 days. All Canada geeseharvested must be tagged. The daily baglimit is 1 Canada goose and the seasonlimit will be the number of tags issuedto each permittee.

(b) Collins Zone - The frameworkopening date for all geese is September21. The harvest of Canada geese islimited to 1,100 birds. The season maynot exceed 68 days. All Canada geeseharvested must be tagged. The daily baglimit is 1 Canada goose and the season

limit will be the number of tags issuedto each permittee.

(c) Exterior Zone - The frameworkopening date for all geese is September28. The harvest of Canada geese islimited to 27,400 birds, with 500 birdsallocated to the Mississippi RiverSubzone. The season may not exceed 79days and the daily bag limit is 1 Canadagoose. In that portion of the ExteriorZone outside the Mississippi RiverSubzone, the progress of the harvestmust be monitored, and the seasonclosed, if necessary, to ensure that theharvest does not exceed 26,900 birds.

Additional Limits: In addition to theharvest limits stated for the respectivezones above, an additional 4,500 Canadageese may be taken in the Horicon Zoneunder special agricultural permits.

Quota Zone Closures: When it hasbeen determined that the quota ofCanada geese allotted to the NorthernIllinois, Central Illinois, SouthernIllinois, and Rend Lake Quota Zones inIllinois, Posey County in Indiana, theBallard and Henderson-Union Subzonesin Kentucky, the Allegan County,Muskegon Wastewater, Saginaw County,and Tuscola/Huron Goose ManagementUnits in Michigan, the Lac Qui ParleZone in Minnesota, the Swan Lake Zonein Missouri, the Northwest andKentucky/Barkley Lakes Zones inTennessee, and the Exterior Zone inWisconsin will have been filled, theseason for taking Canada geese in therespective zone (and associated area, ifapplicable) will be closed by either theDirector upon giving public noticethrough local information media at least48 hours in advance of the time anddate of closing, or by the State throughState regulations with such notice andtime (not less than 48 hours) as theydeem necessary.

Central FlywayThe Central Flyway includes

Colorado (east of the ContinentalDivide), Kansas, Montana (Counties ofBlaine, Carbon, Fergus, Judith Basin,Stillwater, Sweetgrass, Wheatland, andall counties east thereof), Nebraska, NewMexico (east of the Continental Divideexcept the Jicarilla Apache IndianReservation), North Dakota, Oklahoma,South Dakota, Texas, and Wyoming(east of the Continental Divide).

Ducks, Mergansers, and CootsOutside Dates: Between September 28

and January 19.Hunting Seasons and Duck Limits:(1) High Plains Mallard Management

Unit (roughly defined as that portion ofthe Central Flyway which lies west ofthe 100th meridian): 83 days and a dailybag limit of 5 ducks, including no more


than 1 female mallard, 1 mottled duck,1 pintail, 1 canvasback, 2 redheads, and2 wood ducks. The last 23 days maystart no earlier than the Saturday nearestDecember 10 (December 7).

(2) Remainder of the Central Flyway:60 days and a daily bag limit of 5 ducks,including no more than 1 femalemallard, 1 mottled duck, 1 pintail, 1canvasback, 2 redheads, and 2 woodducks.

Merganser Limits: The daily bag limitis 5 mergansers, only 1 of which may bea hooded merganser.


Zoning and Split Seasons: Kansas(Low Plains portion), Montana,Nebraska (Low Plains portion), NewMexico, Oklahoma (Low Plains portion),South Dakota (Low Plains portion),Texas (Low Plains portion), andWyoming may select hunting seasons byzones.

In Kansas, Montana, Nebraska, NewMexico, North Dakota, Oklahoma, SouthDakota, Texas, and Wyoming, theregular season may be split into twosegments.

In Colorado, the season may be splitinto three segments.

GeeseSeason Lengths, Outside Dates, and

Limits: States may select seasons not toexceed 107 days; except for dark geese,which may not exceed 86 days inKansas, Nebraska, North Dakota,Oklahoma, South Dakota, and theEastern Goose Zone of Texas. For darkgeese, outside dates for seasons may beselected between the Saturday nearestOctober 1 (September 28) and January31, except in the Western Goose Zone ofTexas, where the closing date is theSunday nearest February 15 (February16). For light geese, outside dates forseasons may be selected between theSaturday nearest October 1 (September28) and March 10, except in theNebraska Counties of Adams, Butler,Clay, Fillmore, Franklin, Gosper, Hall,Hamilton, Harland, Kearney, Nuckolls,Phelps, Polk, Saline, Seward, Thayer,and York where the closing date is theSunday nearest February 15 (February16). Seasons may be split into twosegments. The daily bag and possessionlimits for light geese are 10 and 40,respectively.

Dark goose daily bag limits in Statesand goose management zones withinStates, may be as follows:

Kansas, Nebraska, Oklahoma, andSouth Dakota: 2 dark geese, includingno more than 1 white-fronted goose.

Colorado, Montana, New Mexico andWyoming: 4 dark geese.

North Dakota: 2 dark geese.

Texas: For the Western Goose Zone,the daily bag limit is 5 dark geese,including no more than 1 white-frontedand 4 Canada geese.

For the Eastern Goose Zone, the dailybag limit is 2 dark geese, including nomore than 1 white-fronted goose.

Pacific Flyway

Ducks, Mergansers, Coots, and CommonMoorhens

Hunting Seasons and Duck Limits:Concurrent 93 days and daily bag limitof 7 ducks, including no more than 1female mallard, 2 pintails, 2 redheadsand 1 canvasback.

The season on coots and commonmoorhens may be between the outsidedates for the season on ducks, but notto exceed 93 days. In the ColumbiaBasin Mallard Management Unit, theseasons may be an additional 7 days.

Coot and Common Moorhen Limits:The daily bag and possession limits ofcoots and common moorhens are 25,singly or in the aggregate.

Outside Dates: Between the Saturdaynearest October 1 (September 28) andthe Sunday nearest January 20 (January19).

Zoning and Split Seasons: Arizona,California, Idaho, Nevada, Oregon, Utah,and Washington may select huntingseasons by zones.

Arizona, California, Idaho, Nevada,Oregon, Utah, and Washington maysplit their seasons into two segments.

Colorado, Montana, New Mexico, andWyoming may split their seasons intothree segments.

Colorado River Zone, California:Seasons and limits shall be the same asseasons and limits selected in theadjacent portion of Arizona (SouthZone).

Geese

Season Lengths, Outside Dates, andLimits: Except as subsequently noted,100-day seasons may be selected, withoutside dates between the Saturdaynearest October 1 (September 28), andthe Sunday nearest January 20 (January19), and the basic daily bag limits are 3light geese and 4 dark geese, except inCalifornia, Oregon, and Washington,where the dark goose bag limit does notinclude brant.

Brant Season - A 16-consecutive-dayseason may be selected in Oregon andWashington, and a 30-consecutive dayseason may be selected in California. Inthese States, the daily bag limit is 2brant and is in addition to dark gooselimits.

Closures: There will be no openseason on Aleutian Canada geese in thePacific Flyway. The States of California,

Oregon, and Washington must include astatement on the closure for thatsubspecies in their respectiveregulations leaflet. Emergency closuresmay be invoked for all Canada geeseshould Aleutian Canada goosedistribution patterns or othercircumstances justify such actions.

Arizona: The daily bag limit for darkgeese is 2 geese.

California:Northeastern Zone - White-fronted

geese and cackling Canada geese may betaken only during the first 23 days of thegoose season. The daily bag limit is 3geese and may include no more than 2dark geese; including not more than 1cackling Canada goose.

Colorado River Zone - The seasonsand limits must be the same as thoseselected in the adjacent portion ofArizona (South Zone).

Southern Zone - The daily bag andpossession limits for dark geese is 2geese, including not more than 1cackling Canada goose.

Balance-of-the-State Zone - A 79-dayseason may be selected, except thatwhite-fronted geese and cacklingCanada geese may be taken during onlythe first 65 days of such season. Limitsmay not include more than 3 geese perday and in possession, of which notmore than 1 may be a dark goose. Thedark goose limits may be expanded to 2,provided that they are Canada geeseother than cackling Canada geese forwhich the daily limit is 1.

Three areas in the Balance-of-the-State Zone are restricted in the huntingof certain geese:

(1) In the Counties of Del Norte andHumboldt, there will be no open seasonfor Canada geese.

(2) In the Sacramento Valley Area, theseason on white-fronted geese must endon or before December 14, and, exceptin the Western Canada Goose HuntArea, there will be no open season forCanada geese.

(3) In the San Joaquin Valley Area, thehunting season for Canada geese willclose no later than November 23.

Colorado: The daily bag limit for darkgeese is 2 geese.

Idaho:Northern Unit - The daily bag limit is

4 geese, including 4 dark geese, but notmore than 3 light geese.

Southwest Unit and SoutheasternUnit - The daily bag limit on dark geeseis 4.

Montana:West of Divide Zone and East of

Divide Zone - The daily bag limit ondark geese is 4.

Nevada:Clark County Zone - The daily bag

limit of dark geese is 2 geese.


New Mexico: The daily bag limit fordark geese is 2 geese.

Oregon: Except as subsequentlynoted, the dark goose limit is 4,including not more than 1 cacklingCanada goose.

Harney, Lake, Klamath, and MalheurCounties Zone - The season length maybe 100 days. The dark goose limit is 4,including not more than 2 white-frontedgeese and 1 cackling Canada goose.

Western Zone - In the Special CanadaGoose Management Area, except fordesignated areas, there shall be no openseason on Canada geese. In thedesignated areas, individual quotasshall be established which collectivelyshall not exceed 132 dusky Canadageese. See section on quota zones. Inthose designated areas, the daily baglimit of dark geese is 3, including notmore than 2 cackling Canada geese.

Utah: The daily bag limit for darkgeese is 2 geese.

Washington: The daily bag limit is 4geese, including 4 dark geese but notmore than 3 light geese.

West Zone - In the Lower ColumbiaRiver Special Goose Management Area,except for designated areas, there shallbe no open season on Canada geese. Inthe designated areas, individual quotasshall be established which collectivelyshall not exceed 72 dusky Canada geese.See section on quota zones.

Wyoming: The daily bag limit is 4dark geese.

Quota Zones: Seasons on Canadageese must end upon attainment ofindividual quotas of dusky Canadageese allotted to the designated areas ofOregon and Washington. The SeptemberCanada goose season, the regular gooseseason, any special late Canada gooseseason, and any extended falconryseason, combined, must not exceed 107days and the established quota of duskyCanada geese must not be exceeded.Hunting of Canada geese in thosedesignated areas shall only be byhunters possessing a State-issued permitauthorizing them to do so. In a Service-approved investigation, the State mustobtain quantitative information onhunter compliance of those regulationsaimed at reducing the take of duskyCanada geese and eliminating the takeof Aleutian Canada geese. The daily baglimit of Canada geese may not includemore than 2 cackling Canada goose.

In the designated areas of theWashington Quota Zone, a special lateCanada goose may be held betweenFebruary 5 and March 10. The daily baglimit may not include Aleutian Canadageese. In the Special Canada GooseManagement Area of Oregon, theframework closing date is extended toFebruary 28th.

Swans

In designated areas of Utah, Nevada,and the Pacific Flyway portion ofMontana, an open season for taking alimited number of swans may beselected. Permits will be issued byStates and will authorize each permitteeto take no more than 1 swan per season.The season may open no earlier than theSaturday nearest October 1 (September28). The States must implement aharvest-monitoring program to measurethe species composition of the swanharvest. In Utah and Nevada, theharvest-monitoring program mustrequire that all harvested swans or theirspecie-determinant parts be examinedby either State or Federal biologists forthe purpose of species classification. AllStates should use appropriate measuresto maximize hunter compliance inproviding bagged swans for examinationor, in the case of Montana, reportingbill-measurement and color information.All States must provide to the Serviceby June 30, 1996, a report coveringharvest, hunter participation, reportingcompliance, and monitoring of swanpopulations in the designated huntareas. These seasons will be subject tothe following conditions:

In Utah, no more than 2,750 permitsmay be issued. The season must end nolater than the first Sunday in December(December 1) or upon attainment of 15trumpeter swans in the harvest,whichever occurs earliest.

In Nevada, no more than 650 permitsmay be issued. The season must end nolater than the Sunday following January1 (January 5) or upon attainment of 5trumpeter swans in the harvest,whichever occurs earliest.

In Montana, no more than 500 permitsmay be issued. The season must end nolater than December 1.

Tundra Swans

In Central Flyway portion of Montana,and in North Carolina, North Dakota,South Dakota, and Virginia, an openseason for taking a limited number oftundra swans may be selected. Permitswill be issued by the States and willauthorize each permittee to take nomore than 1 tundra swan per season.The States must obtain harvest andhunter participation data. These seasonswill be subject to the followingconditions:

In the Atlantic Flyway—The season will be experimental.—The season may be 90 days, from

October 1 to January 31.—In North Carolina, no more than

5,000 permits may be issued.—In Virginia, no more than 600

permits may be issued.

In the Central Flyway—The season may be 107 days and

must occur during the light gooseseason.

—In the Central-Flyway portion ofMontana, no more than 500 permits maybe issued.

—In North Dakota, no more than2,000 permits may be issued.

—In South Dakota, no more than1,500 permits may be issued.

Area, Unit and Zone Descriptions

Ducks (Including Mergansers) and Coots

Atlantic Flyway

ConnecticutNorth Zone: That portion of the State

north of I-95.South Zone: Remainder of the State.MaineNorth Zone: That portion north of the

line from the New Hampshire andMaine border in Newfield, proceed eastalong Maine State Highway 110 to theintersection of Maine State Highway 11;then north and east along Route 11 tothe intersection of U.S. Route 202 inAuburn; north and east on Route 202 tothe intersection of Maine State Highway9 North in Augusta; north and east alongRoute 9 to the intersection of U.S.Highway 1 in Baileyville; follow Route1 north and east to Calais and theUnited States and border.

South Zone: Remainder of the State.MassachusettsWestern Zone: That portion of the

State west of a line extending southfrom the Vermont border on I–91 to MA9, west on MA 9 to MA 10, south on MA10 to U.S. 202, south on U.S. 202 to theConnecticut border.

Central Zone: That portion of theState east of the Berkshire Zone andwest of a line extending south from theNew Hampshire border on I–95 to U.S.1, south on U.S. 1 to I–93, south on I–93 to MA 3, south on MA 3 to U.S. 6,west on U.S. 6 to MA 28, west on MA28 to I–195, west to the Rhode Islandborder; except the waters, and the lands150 yards inland from the high-watermark, of the Assonet River upstream tothe MA 24 bridge, and the TauntonRiver upstream to the Center St.-Elm St.bridge shall be in the Coastal Zone.

Coastal Zone: That portion ofMassachusetts east and south of theCentral Zone.

New HampshireCoastal Zone: That portion of the

State east of a line extending west fromMaine border in Rollinsford on NH 4 tothe city of Dover, south to NH 108,south along NH 108 through Madbury,Durham, and Newmarket to NH 85 inNewfields, south to NH 101 in Exeter,


east to NH 51 (Exeter-HamptonExpressway), east to I–95 (NewHampshire Turnpike) in Hampton, andsouth along I–95 to the Massachusettsborder.

Inland Zone: That portion of the Statenorth and west of the above boundary.

New JerseyCoastal Zone: That portion of the

State seaward of a line beginning at theNew York border in Raritan Bay andextending west along the New Yorkborder to NJ 440 at Perth Amboy; weston NJ 440 to the Garden State Parkway;south on the Garden State Parkway tothe shoreline at Cape May andcontinuing to the Delaware border inDelaware Bay.

North Zone: That portion of the Statewest of the Coastal Zone and north ofa line extending west from the GardenState Parkway on NJ 70 to the NewJersey Turnpike, north on the turnpiketo U.S. 206, north on U.S. 206 to U.S.1 at Trenton, west on U.S. 1 to thePennsylvania border in the DelawareRiver.

South Zone: That portion of the Statenot within the North Zone or the CoastalZone.

New YorkLake Champlain Zone: The U.S.

portion of Lake Champlain and that areaeast and north of a line extending alongNY 9B from the Canadian border to U.S.9, south along U.S. 9 to NY 22 south ofKeesville; south along NY 22 to the westshore of South Bay, along and aroundthe shoreline of South Bay to NY 22 onthe east shore of South Bay; southeastalong NY 22 to U.S. 4, northeast alongU.S. 4 to the Vermont border.

Long Island Zone: That areaconsisting of Nassau County, SuffolkCounty, that area of Westchester Countysoutheast of I–95, and their tidal waters.

Western Zone: That area west of a lineextending from Lake Ontario east alongthe north shore of the Salmon River toI–81, and south along I–81 to thePennsylvania border.

Northeastern Zone: That area north ofa line extending from Lake Ontario eastalong the north shore of the SalmonRiver to I–81, south along I–81 to NY 49,east along NY 49 to NY 365, east alongNY 365 to NY 28, east along NY 28 toNY 29, east along NY 29 to I–87, northalong I–87 to U.S. 9 (at Exit 20), northalong U.S. 9 to NY 149, east along NY149 to U.S. 4, north along U.S. 4 to theVermont border, exclusive of the LakeChamplain Zone.

Southeastern Zone: The remainingportion of New York.

PennsylvaniaLake Erie Zone: The Lake Erie waters

of Pennsylvania and a shoreline marginalong Lake Erie from New York on the

east to Ohio on the west extending 150yards inland, but including all ofPresque Isle Peninsula.

Northwest Zone: The area bounded onthe north by the Lake Erie Zone andincluding all of Erie and CrawfordCounties and those portions of Mercerand Venango Counties north of I–80.

North Zone: That portion of the Stateeast of the Northwest Zone and north ofa line extending east on I–80 to U.S.220, Route 220 to I–180, I–180 to I–80,and I–80 to the Delaware River.

South Zone: The remaining portion ofPennsylvania.

VermontLake Champlain Zone: The U.S.

portion of Lake Champlain and that areanorth and west of the line extendingfrom the New York border along U.S. 4to VT 22A at Fair Haven; VT 22A to U.S.7 at Vergennes; U.S. 7 to the Canadianborder.

Interior Zone: The remaining portionof Vermont.

West VirginiaZone 1 : That portion outside the

boundaries in Zone 2.Zone 2 (Allegheny Mountain Upland):

That area bounded by a line extendingsouth along U.S. 220 through Keyser toU.S. 50; U.S. 50 to WV 93; WV 93 southto WV 42; WV 42 south to Petersburg;WV 28 south to Minnehaha Springs; WV39 west to U.S. 219; U.S. 219 south toI–64; I–64 west to U.S. 60; U.S. 60 westto U.S. 19; U.S. 19 north to I–79, I–79north to U.S. 48; U.S. 48 east to theMaryland border; and along the borderto the point of beginning.

Mississippi Flyway

AlabamaSouth Zone: Mobile and Baldwin

Counties.North Zone: The remainder of

Alabama.IllinoisNorth Zone: That portion of the State

north of a line extending east from theIowa border along Illinois Highway 92to Interstate Highway 280, east along I–280 to I–80, then east along I–80 to theIndiana border.

Central Zone: That portion of theState between the North and South Zoneboundaries.

South Zone: That portion of the Statesouth of a line extending east from theMissouri border along the Modoc Ferryroute to Modoc Ferry Road, east alongModoc Ferry Road to Modoc Road,northeasterly along Modoc Road and St.Leo’s Road to Illinois Highway 3, northalong Illinois 3 to Illinois 159, northalong Illinois 159 to Illinois 161, eastalong Illinois 161 to Illinois 4, northalong Illinois 4 to Interstate Highway 70,east along I-70 to the Bond County line,

north and east along the Bond Countyline to Fayette County, north and eastalong the Fayette County line toEffingham County, east and south alongthe Effingham County line to I-70, theneast along I-70 to the Indiana border.

IndianaNorth Zone: That portion of the State

north of a line extending east from theIllinois border along State Road 18 toU.S. Highway 31, north along U.S. 31 toU.S. 24, east along U.S. 24 toHuntington, then southeast along U.S.224 to the Ohio border.

Ohio River Zone: That portion of theState south of a line extending east fromthe Illinois border along InterstateHighway 64 to New Albany, east alongState Road 62 to State 56, east alongState 56 to Vevay, east and north onState 156 along the Ohio River to NorthLanding, north along State 56 to U.S.Highway 50, then northeast along U.S.50 to the Ohio border.

South Zone: That portion of the Statebetween the North and Ohio River Zoneboundaries.

Southern Illinois Quota Zone:Alexander, Jackson, Union, andWilliamson Counties.

Rend Lake Quota Zone: Franklin andJefferson Counties.

IowaNorth Zone: That portion of the State

north of a line extending east from theNebraska border along State Highway175 to State 37, southeast along State 37to U.S. Highway 59, south along U.S. 59to Interstate Highway 80, then east alongI–80 to the Illinois border.

South Zone: The remainder of Iowa.KentuckyWest Zone: That portion of the State

west of a line extending north from theTennessee border along InterstateHighway 65 to Bowling Green,northwest along the Green RiverParkway to Owensboro, southwest alongU.S. Bypass 60 to U.S. Highway 231,then north along U.S. 231 to the Indianaborder.

East Zone: The remainder ofKentucky.

LouisianaWest Zone: That portion of the State

west of a line extending south from theArkansas border along LouisianaHighway 3 to Bossier City, east alongInterstate Highway 20 to Minden, southalong Louisiana 7 to Ringgold, eastalong Louisiana 4 to Jonesboro, southalong U.S. Highway 167 to Lafayette,southeast along U.S. 90 to Houma, thensouth along the Houma NavigationChannel to the Gulf of Mexico throughCat Island Pass.

East Zone: The remainder ofLouisiana.

Catahoula Lake Area: All of CatahoulaLake, including those portions known


locally as Round Prairie, Catfish Prairie,and Frazier’s Arm. See State regulationsfor additional information.

MichiganNorth Zone: The Upper Peninsula.Middle Zone: That portion of the

Lower Peninsula north of a linebeginning at the Wisconsin border inLake Michigan due west of the mouth ofStony Creek in Oceana County; then dueeast to, and easterly and southerly alongthe south shore of, Stony Creek toWebster Road, easterly and southerlyalong Webster Road to Stony Lake Road,easterly along Stony Lake and GarfieldRoads to Michigan Highway 20, eastalong Michigan 20 to U.S. Highway 10Business Route (BR) in the city ofMidland, east along U.S. 10 BR to U.S.10, east along U.S. 10 to InterstateHighway 75/U.S. Highway 23, northalong I-75/U.S. 23 to the U.S. 23 exit atStandish, east along U.S. 23 to ShoreRoad in Arenac County, east alongShore Road to the tip of Point Lookout,then on a line directly east 10 miles intoSaginaw Bay, and from that point on aline directly northeast to the Canadaborder.

South Zone: The remainder ofMichigan.

MississippiZone 1: Hancock, Harrison, and

Jackson Counties.Zone 2: The remainder of Mississippi.MissouriNorth Zone: That portion of Missouri

north of a line running west from theIllinois border along Interstate Highway70 to U.S. Highway 54, south along U.S.54 to U.S. 50, then west along U.S. 50to the Kansas border.

South Zone: That portion of Missourisouth of a line running west from theIllinois border along Missouri Highway34 to Interstate Highway 55; south alongI–55 to U.S. Highway 62, west alongU.S. 62 to Missouri 53, north alongMissouri 53 to Missouri 51, north alongMissouri 51 to U.S. 60, west along U.S.60 to Missouri 21, north along Missouri21 to Missouri 72, west along Missouri72 to Missouri 32, west along Missouri32 to U.S. 65, north along U.S. 65 toU.S. 54, west along U.S. 54 to Missouri32, south along Missouri 32 to Missouri97, south along Missouri 97 to DadeCounty NN, west along Dade County NNto Missouri 37, west along Missouri 37to Jasper County N, west along JasperCounty N to Jasper County M, westalong Jasper County M to the Kansasborder.

Middle Zone: The remainder ofMissouri.

OhioNorth Zone: The Counties of Darke,

Miami, Clark, Champaign, Union,Delaware, Licking (excluding the

Buckeye Lake Area), Muskingum,Guernsey, Harrison and Jefferson and allcounties north thereof.

Pymatuning Area: PymatuningReservoir and that part of Ohio boundedon the north by County Road 306(known as Woodward Road), on thewest by Pymatuning Lake Road, and onthe south by U.S. Highway 322.

Ohio River Zone: The Counties ofHamilton, Clermont, Brown, Adams,Scioto, Lawrence, Gallia and Meigs.

South Zone: That portion of the Statebetween the North and Ohio River Zoneboundaries, including the Buckeye LakeArea in Licking County bounded on thewest by State Highway 37, on the northby U.S. Highway 40, and on the east byState 13.

TennesseeReelfoot Zone: All or portions of Lake

and Obion Counties.State Zone: The remainder of

Tennessee.WisconsinNorth Zone: That portion of the State

north of a line extending east from theMinnesota border along State Highway77 to State 27, south along State 27 and77 to U.S. Highway 63, and continuingsouth along State 27 to Sawyer CountyRoad B, south and east along County Bto State 70, southwest along State 70 toState 27, south along State 27 to State64, west along State 64/27 and southalong State 27 to U.S. 12, south and easton State 27/U.S. 12 to U.S. 10, east onU.S. 10 to State 310, east along State 310to State 42, north along State 42 to State147, north along State 147 to State 163,north along State 163 to KewauneeCounty Trunk A, north along CountyTrunk A to State 57, north along State57 to the Kewaunee/Door County Line,west along the Kewaunee/Door CountyLine to the Door/Brown County Line,west along the Door/Brown County Lineto the Door/Oconto/Brown County Line,northeast along the Door/Oconto CountyLine to the Marinette/Door County Line,northeast along the Marinette/DoorCounty Line to the Michigan border.

South Zone: The remainder ofWisconsin.

Central FlywayKansasHigh Plains Zone: That portion of the

State west of U.S. 283.Low Plains Early Zone: That portion

of the State east of the High Plains Zoneand west of a line extending south fromthe Nebraska border along KS 28 to U.S.36, east along U.S. 36 to KS 199, southalong KS 199 to Republic County Road563, south along Republic Co. Rd. 563to KS 148, east along KS 148 to RepublicCo. Rd. 138, south along Republic Co.Rd. 138 to Cloud Co. Rd. 765, south

along Cloud Co. Rd. 765 to KS 9, westalong KS 9 to U.S. 24, west along U.S24 to U.S. 281, north along U.S. 281 toU.S. 36, west along U.S. 36 to U.S. 183,south along U.S. 183 to U.S. 24, westalong U.S. 24 to KS 18, southeast alongKS 18 to U.S, 183, south along U.S. 183to KS 4, east along KS 4 to I-135, southalong I-135 to KS 61, southwest alongKS 61 to KS 96, northwest on KS 96 toU.S. 56, west along U.S. 56 to U.S. 281,south along U.S. 281 to U.S. 54, thenwest along U.S. 54 to U.S. 283.

Low Plains Late Zone: The remainderof Kansas.

Montana (Central Flyway Portion)Zone 1: The Counties of Blaine,

Carbon, Carter, Daniels, Dawson, Fallon,Fergus, Garfield, Golden Valley, JudithBasin, McCone, Musselshell, Petroleum,Phillips, Powder River, Richland,Roosevelt, Sheridan, Stillwater, SweetGrass, Valley, Wheatland, Wibaux, andYellowstone.

Zone 2: The remainder of Montana.NebraskaHigh Plains Zone: That portion of the

State west of Highways U.S. 183 andU.S. 20 from the South Dakota border toAinsworth, NE 7 and NE 91 to Dunning,NE 2 to Merna, NE 93 to Arnold, NE 40and NE 47 through Gothenburg to NE23, NE 23 to Elwood, and U.S. 283 tothe Kansas border.

Low Plains Zone 1: That portion ofthe State east of the High Plains Zoneand north and east of a line extendingfrom the South Dakota border along NE26E Spur to U.S. 20, west on U.S. 20 toNE 12, west on NE 12 to the Knox/KeyaPana Co. line, south along the countyline to the Niobrara River and along theNiobrara River to U.S. 183 (the HighPlains Zone line). Where the NiobraraRiver forms the boundary, both bankswill be in Zone 1.

Low Plains Zone 2: That portion ofthe State east of the High Plains Zoneand bounded by designated highwaysand political boundaries starting on U.S.73 at the Kansas border, north to NE 67,north to U.S. 75, north to NE 2, west toNE 43, north to U.S. 34, east to NE 63;north and west to U.S. 77; north to NE92; west to U.S. 81; south to NE 66; westto NE 14; south to U.S. 34; west to NE2; south to I-80; west to Hamilton/HallCo. line (Gunbarrel Rd.), south toGiltner Rd.; west to U.S. 34; west to U.S.136; east on U.S. 135 to NE 10; south tothe State line; west to U.S. 283; north toNE 23; west to NE 47; north to U.S. 30;east to NE 14; north to NE 52;northeasterly to NE 91; west to U.S. 281,north to NE 91 in Wheeler Co., west toU.S. 183; north to northerly boundary ofLoup Co.; east along the northboundaries of Loup, Garfield, andWheeler Co.; south along the east


Wheeler Co. line to NE 70; east on NE70 from Wheeler Co. to NE 14; south toNE 39; southeast to NE 22; east to U.S.81; southeast to U.S. 30; east along U.S.30 to U.S. 75, along U.S. 75 to theWashington/Burt Co.line; then along thecounty line to the Iowa border.

Low Plains Zone 3: The area east ofthe High Plains Zone, excluding LowPlains Zone 1, north of Low Plains Zone2.

Low Plains Zone 4: The area east ofthe High Plains Zone and south of Zone2.

New Mexico (Central Flyway Portion)North Zone: That portion of the State

north of I-40 and U.S. 54.South Zone: The remainder of New

Mexico.North DakotaHigh Plains Unit: That portion of the

State west of a line from the SouthDakota border along U.S. 83 and I-94 toND 41, north to ND 53, west to U.S. 83,north to ND 23, west to ND 8, north toU.S. 2, west to U.S. 85, north to theCanadian border.

Low Plains: The remainder of NorthDakota.

OklahomaHigh Plains Zone: The Counties of

Beaver, Cimarron, and Texas.Low Plains Zone 1: That portion of

the State east of the High Plains Zoneand north of a line extending east fromthe Texas border along OK 33 to OK 47,east along OK 47 to U.S. 183, southalong U.S. 183 to I-40, east along I-40 toU.S. 177, north along U.S. 177 to OK 33,west along OK 33 to I-35, north along I-35 to U.S. 60, west along U.S. 60 to U.S.64, west along U.S. 64 to OK 132, thennorth along OK 132 to the Kansasborder.

Low Plains Zone 2: The remainder ofOklahoma.

South DakotaHigh Plains Unit: That portion of the

State west of a line beginning at theNorth Dakota border and extendingsouth along U.S. 83 to U.S. 14, eastalong U.S. 14 to Blunt-Canning Rd. inBlunt, south along Blunt-Canning Rd. toSD 34, south across a line over theMissouri River to the northwesterncorner of the Lower Brule IndianReservation, south along the ReservationBoundary to Lyman Co. Rd., south alongLyman Co. Rd. to I-90 at Presho, east onI-90 to U.S. 183, then south along U.S.183 to Nebraska border.

North Zone: That portion ofnortheastern South Dakota east of theHigh Plains Unit and north of a lineextending east along US 212 to SD 15,then north along SD 15 to Big StoneLake at the Minnesota border.

South Zone: That portion of GregoryCounty east of SD 47, Charles Mix Co.

south of SD 44 to the Douglas Co. line,south on SD 50 to Geddes, east on theGeddes Hwy. to U.S. 281, south on U.S.281 and U.S. 18 to SD 50, south and easton SD 50 to Bon Homme Co. line, thecounties of Bon Homme, Yankton, andClay south of SD 50, and Union Co.south and west of SD 50 and I-29.

Middle Zone: The remainder of SouthDakota.

TexasHigh Plains Zone: That portion of the

State west of a line extending southfrom the Oklahoma border along U.S.183 to Vernon, south along U.S. 283 toAlbany, south along TX 6 to TX 351 toAbilene, south along U.S. 277 to DelRio, then south along the Del RioInternational Toll Bridge access road tothe Mexico border.

North Zone: That portion of northTexas east of the High Plains Zone andnorth of a line extending east from DelRio along U.S. 90 to San Antonio, eastalong I-10 to TX 77, north along TX 77to Brenham, east along TX 105 to I-10at Beamount, then east along I-10 to theLouisiana border.

Wyoming (Central Flyway portion)Zone 1: The Counties of Converse,

Goshen, Hot Springs, Natrona, Platte,Washakie, and that portion of Parksouth of T58N and not within theboundary of the Shoshone NationalForest.

Zone 2: The remainder of Wyoming.South Zone: The remainder of Texas.

Pacific FlywayArizona—Game Management Units

(GMU) as follows:South Zone: Those portions of GMUs

6 and 8 in Yavapai County, and GMUs11 and 12B-45.

North Zone: GMUs 1–5, thoseportions of GMUs 6 and 8 withinCoconino County, and GMUs 7, 9, 10,12A, and 13A.

CaliforniaNortheastern Zone: That portion of

the State east and north of a linebeginning at the Oregon border; southand west along the Klamath River to themouth of Shovel Creek; south alongShovel Creek to Forest Service Road46N10; south and east along FS 46N10to FS 45N22; west and south along FS45N22 to U.S. 97 at Grass Lake Summit;south and west along U.S. 97 to I–5 atthe town of Weed; south along I–5 to CA89; east and south along CA 89 to thejunction with CA 49; east and north onCA 49 to CA 70; east on CA 70 to U.S.395; south and east on U.S. 395 to theNevada border.

Colorado River Zone: Those portionsof San Bernardino, Riverside, andImperial Counties east of a lineextending from the Nevada border south

along U.S. 95 to Vidal Junction; southon a road known as ‘‘Aqueduct Road’’in San Bernardino County through thetown of Rice to the San Bernardino-Riverside County line; south on a roadknown in Riverside County as the‘‘Desert Center to Rice Road’’ to thetown of Desert Center; east 31 miles onI–10 to the Wiley Well Road; south onthis road to Wiley Well; southeast alongthe Army-Milpitas Road to the Blythe,Brawley, Davis Lake intersections; southon the Blythe-Brawley paved road to theOgilby and Tumco Mine Road; south onthis road to U.S. 80; east seven miles onU.S. 80 to the Andrade-Algodones Road;south on this paved road to the Mexicanborder at Algodones, Mexico.

Southern Zone: That portion ofsouthern California (but excluding theColorado River Zone) south and east ofa line extending from the Pacific Oceaneast along the Santa Maria River to CA166 near the City of Santa Maria; east onCA 166 to CA 99; south on CA 99 to thecrest of the Tehachapi Mountains atTejon Pass; east and north along thecrest of the Tehachapi Mountains to CA178 at Walker Pass; east on CA 178 toU.S. 395 at the town of Inyokern; southon U.S. 395 to CA 58; east on CA 58 toI–15; east on I–15 to CA 127; north onCA 127 to the Nevada border.

Southern San Joaquin ValleyTemporary Zone: All of Kings andTulare Counties and that portion ofKern County north of the SouthernZone.

Balance-of-the-State Zone: Theremainder of California not included inthe Northeastern, Southern, andColorado River Zones, and the SouthernSan Joaquin Valley Temporary Zone.

IdahoZone 1: Includes all lands and waters

within the Fort Hall Indian Reservation,including private inholdings; BannockCounty; Bingham County, except thatportion within the Blackfoot Reservoirdrainage; and Power County east of ID37 and ID 39.

Zone 2: Includes the followingcounties or portions of counties: Adams;Bear Lake; Benewah; Bingham withinthe Blackfoot Reservoir drainage; thoseportions of Blaine west of ID 75, southand east of U.S. 93, and between ID 75and U.S. 93 north of U.S. 20 outside theSilver Creek drainage; Bonner;Bonneville; Boundary; Butte; Camas;Caribou except the Fort Hall IndianReservation; Cassia within the MinidokaNational Wildlife Refuge; Clark;Clearwater; Custer; Elmore within theCamas Creek drainage; Franklin;Fremont; Idaho; Jefferson; Kootenai;Latah; Lemhi; Lewis; Madison; NezPerce; Oneida; Power within the


Minidoka National Wildlife Refuge;Shoshone; Teton; and Valley Counties.

Zone 3: Ada, those portions of Blainebetween ID 75 and U.S. 93 south of U.S.20 and that additional area between ID75 and U.S. 93 north of U.S. 20 withinthe Silver Creek drainage; Boise;Canyon; Cassia except that portionwithin the Minidoka National WildlifeRefuge; Elmore except the Camas Creekdrainage; Gem; Gooding; Jerome;Lincoln; Minidoka; Owyhee; Payette;Power west of ID 37 and ID 39 exceptthat portion within the MinidokaNational Wildlife Refuge; Twin Falls;and Washington Counties.

NevadaClark County Zone: All of Clark and

Lincoln Counties.Remainder-of-the-State Zone: The

remainder of Nevada.OregonZone 1: Statewide, except Deschutes,

Klamath, and Lake Counties.Columbia Basin Mallard Management

Unit: Gilliam, Morrow, and UmatillaCounties.

Zone 2: Deschutes, Klamath, and LakeCounties.

UtahZone 1: All of Box Elder, Cache,

Daggett, Davis, Duchesne, Morgan, Rich,Salt Lake, Summit, Unitah, Utah,Wasatch, and Weber Counties and thatpart of Toole County north of I–80.

Zone 2: The remainder of Utah.WashingtonEast Zone: All areas east of the Pacific

Crest Trail and east of the Big WhiteSalmon River in Klickitat County.

Columbia Basin Mallard ManagementUnit: Same as East Zone.

West Zone: All areas to the west of theEast Zone.

Geese

Atlantic Flyway

ConnecticutSame zones as for ducks.GeorgiaSpecial Area for Canada Geese:

Statewide.MarylandSpecial Area for Canada Geese:

Allegheny, Carroll, Frederick, Garrett,Washington counties and the portion ofMontgomery county south of Interstate270 and west of Interstate 495 to thePotomac River.

MassachusettsSpecial Area for Canada Geese:

Central Zone (same as for ducks) andthat portion of the Coastal Zone that liesnorth of route 139 from Green Harbor.

New HampshireSame zones as for ducks.New JerseySpecial Area for Canada Geese

Northeast - that portion of the Statewithin a continuous line that runs eastalong the New York State boundary lineto the Hudson River; then south alongthe New York State boundary to itsintersection with Route 440 at PerthAmboy; then west on Route 440 to itsintersection with Route 287; then westalong Route 287 to its intersection withRoute 206 in Bedminster (Exit 18); thennorth along Route 206 to its intersectionwith the Pennsylvania State boundary;then north along the Pennsylvaniaboundary in the Delaware River to itsintersection with the New York Stateboundary.

Northwest - that portion of the Statewithin a continuous line that runs eastfrom the Pennsylvania State boundary atthe toll bridge in Columbia to Route 94;then north along Route 94 to Route 206;then north along Route 206 to thePennsylvania State boundary in theDelaware River to the beginning point.Hereafter this proposed expansion of thehunt area will be referenced to as thenorthwestern area.

Southeast - that portion of the Statewithin a continuous line that runs westfrom the Atlantic Ocean at Ship Bottomalong Route 72 to the Garden StateParkway; then south along the GardenState Parkway to Route 9; then southalong Route 9 to Route 542; then westalong Route 542 to the Mullica River (atPleasant Mills); then north (upstream)along the Mullica River to Route 206;then south along Route 206 to Route536; then west along Route 536 toWilliamstown; then west along 654(Hurffville-Cross Keys Road) to SewellRoad; then west along Sewell Road toSalina Road; then west along SalinaRoad to Route 55; then south alongRoute 55 to Route 553 (Buck Road); thensouth along Route 553 to Route 40; theneast along Route 40 to route 557(Tuckahoe Road); then south alongRoute 557 to Route 671 (Union Road);then east along Route 671 to Route 552(Mays Landing-Millville Road); theneast along Route 552 to Route 557; thensouth along Route 557 to Route 666(Cape May Avenue); then south alongRoute 666 to Route 49; then south alongRoute 49 to Route 50; then east alongRoute 50 to Route 9; then south alongRoute 9 to Route 625 (Sea Isle CityBoulevard); then east along Route 625 tothe Atlantic Ocean; then north to thebeginning point.

New YorkSpecial Area for Canada Geese:

Westchester County and portions ofNassau, Orange, Putnam and RocklandCounties—See State regulations fordetailed description.

Pennsylvania

Erie, Mercer, and Butler Counties: Allof Erie, Mercer, and Butler Counties.

Special Area for Canada Geese:Statewide except for the counties ofErie, Mercer, Butler, Crawford, and thearea east of Interstate 83 from theMaryland State line to the intersectionof U.S. Route 30 to the intersection ofstate Route 441, east of SR 441 tointersection of Interstate 283, east of I-283 to I-83, east of I-83 to intersectionof I-81, east of I-81 to intersection of I-80, and south of I-80 to the New JerseyState line.

Rhode IslandSpecial Area for Canada Geese: Kent

and Providence Counties and portionsof the towns of Exeter and NorthKingston within Washington County(see State regulations for detaileddescriptions).

South CarolinaCanada Goose Area: The Central

Piedmont, Western Piedmont, andMountain Hunt Units. These designatedareas include: Counties of Abbeville,Anderson, Berkeley (south of Highway45 and east of State Road 831),Cherokee, Chester, Dorchester,Edgefield, Fairfield, Greenville,Greenwood, Kershaw, Lancaster,Laurens, Lee, Lexington, McCormick,Newberry, Oconee, Orangebird (south ofHighway 6), Pickens, Richland, Saluda,Spartanburg, Sumten, Union, and York.

VirginiaBack Bay Area—Defined for white

geese as the waters of Back Bay and itstributaries and the marshes adjacentthereto, and on the land and marshesbetween Back Bay and the AtlanticOcean from Sandbridge to the NorthCarolina line, and on and along theshore of North Landing River and themarshes adjacent thereto, and on andalong the shores of Binson Inlet Lake(formerly known as Lake Tecumseh)and Red Wing Lake and the marshesadjacent thereto.

West VirginiaSame zones as for ducks.

Mississippi FlywayAlabamaSame zones as for ducks, but in

addition:SJBP Zone: That portion of Morgan

County east of U.S. Highway 31, northof State Highway 36, and west of U.S.231; that portion of Limestone Countysouth of U.S. 72; and that portion ofMadison County south of SwancottRoad and west of Triana Road.

ArkansasEast Zone: Arkansas, Ashley, Chicot,

Clay, Craighead, Crittenden, Cross,Desha, Drew, Greene, Independence,Jackson, Jefferson, Lawrence, Lee,Lincoln, Lonoke, Mississippi, Monroe,


Phillips, Poinsett, Prairie, Pulaski,Randolph, St. Francis, White, andWoodruff Counties.

West Zone: Baxter, Benton, Boone,Carroll, Cleburne, Conway, Crawford,Faulkner, Franklin, Fulton, Izard,Johnson, Madison, Marion, Newton,Pope, Searcy, Sharp, Stone, Van Buren,and Washington Counties, and thoseportions of Logan, Perry, Sebastian, andYell Counties lying north of a lineextending east from the Oklahomaborder along State Highway 10 to Perry,south on State 9 to State 60, then easton State 60 to the Faulkner County line.

IllinoisSame zones as for ducks, but in

addition:North Zone:Northern Illinois Quota Zone: The

Counties of McHenry, Lake, Kane,DuPage, and those portions of LaSalleand Will Counties north of InterstateHighway 80.

Central Zone:Central Illinois Quota Zone: The

Counties of Grundy, Woodford, Peoria,Knox, Fulton, Tazewell, Mason, Cass,Morgan, Pike, Calhoun, and Jersey, andthose portions of LaSalle and WillCounties south of Interstate Highway 80.

South Zone:Southern Illinois Quota Zone:

Alexander, Jackson, Union, andWilliamson Counties.

Rend Lake Quota Zone: Franklin andJefferson Counties.

IndianaSame zones as for ducks, but in

addition:SJBP Zone: Jasper, LaGrange, Lake,

LaPorte, Newton, Porter, Pulaski, Starke,and Steuben Counties.

IowaSame zones as for ducks.KentuckyWestern Zone: That portion of the

state west of a line beginning at theTennessee border at Fulton andextending north along the PurchaseParkway to Interstate Highway 24, eastalong I–24 to U.S. Highway 641, northalong U.S. 641 to U.S. 60, northeastalong U.S. 60 to the Henderson Countyline, then south, east, and northerlyalong the Henderson County line to theIndiana border.

Ballard Reporting Area: That areaencompassed by a line beginning at thenorthwest city limits of Wickliffe inBallard County and extending westwardto the middle of the Mississippi River,north along the Mississippi River andalong the low-water mark of the OhioRiver on the Illinois shore to theBallard-McCracken County line, southalong the county line to KentuckyHighway 358, south along Kentucky 358to U.S. Highway 60 at LaCenter; then

southwest along U.S. 60 to the northeastcity limits of Wickliffe.

Henderson-Union Reporting Area:Henderson County and that portion ofUnion County within the Western Zone.

Pennyroyal/Coalfield Zone: Thatportion of the state between the WesternZone and a line described as follows:From the Indiana border south alongU.S. Highway 231 to the Green RiverParkway, southeast along the GreenRiver Parkway to Interstate Highway 65,then south along I–65 to the Tennesseeborder.

MichiganSame zones as for ducks, but in

addition:South ZoneTuscola/Huron Goose Management

Unit (GMU): Those portions of Tuscolaand Huron Counties bounded on thesouth by Michigan Highway 138 andBay City Road, on the east by Colwoodand Bayport Roads, on the north byKilmanagh Road and a line extendingdirectly west off the end of KilmanaghRoad into Saginaw Bay to the westboundary, and on the west by theTuscola-Bay County line and a lineextending directly north off the end ofthe Tuscola-Bay County line intoSaginaw Bay to the north boundary.

Allegan County GMU: That areaencompassed by a line beginning at thejunction of 136th Avenue and InterstateHighway 196 in Lake Town Townshipand extending easterly along 136thAvenue to Michigan Highway 40,southerly along Michigan 40 throughthe city of Allegan to 108th Avenue inTrowbridge Township, westerly along108th Avenue to 46th Street, northerly1/2 mile along 46th Street to 109thAvenue, westerly along 109th Avenue toI–196 in Casco Township, thennortherly along I–196 to the point ofbeginning.

Saginaw County GMU: That portionof Saginaw County bounded byMichigan Highway 46 on the north;Michigan 52 on the west; Michigan 57on the south; and Michigan 13 on theeast.

Muskegon Wastewater GMU: Thatportion of Muskegon County within theboundaries of the Muskegon Countywastewater system, east of theMuskegon State Game Area, in sections5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32,T10N R14W, and sections 1, 2, 10, 11,12, 13, 14, 24, and 25, T10N R15W, asposted.

Special Canada Goose Seasons:Southern Michigan GMU: That

portion of the State, including the GreatLakes and interconnecting waterwaysand excluding the Allegan CountyGMU, south of a line beginning at theOntario border at the Bluewater Bridge

in the city of Port Huron and extendingwesterly and southerly along InterstateHighway 94 to I–69, westerly along I–69to Michigan Highway 21, westerly alongMichigan 21 to I–96, northerly along I–96 to I–196, westerly along I–196 toLake Michigan Drive (M–45) in GrandRapids, westerly along Lake MichiganDrive to the Lake Michigan shore, thendirectly west from the end of LakeMichigan Drive to the Wisconsin border.

MinnesotaWest Zone: That portion of the state

encompassed by a line beginning at thejunction of State Trunk Highway (STH)60 and the Iowa border, then north andeast along STH 60 to U.S. Highway 71,north along U.S. 71 to InterstateHighway 94, then north and west alongI–94 to the North Dakota border.

West Central Zone: That areaencompassed by a line beginning at theintersection of State Trunk Highway(STH) 29 and U.S. Highway 212 andextending west along U.S. 212 to U.S.59, south along U.S. 59 to STH 67, westalong STH 67 to U.S. 75, north alongU.S. 75 to County State Aid Highway(CSAH) 30 in Lac qui Parle County, westalong CSAH 30 to County Road 70 inLac qui Parle County, west along County70 to the western boundary of the State,north along the western boundary of theState to a point due south of theintersection of STH 7 and CSAH 7 inBig Stone County, and continuing duenorth to said intersection, then northalong CSAH 7 to CSAH 6 in Big StoneCounty, east along CSAH 6 to CSAH 21in Big Stone County, south along CSAH21 to CSAH 10 in Big Stone County, eastalong CSAH 10 to CSAH 22 in SwiftCounty, east along CSAH 22 to CSAH 5in Swift County, south along CSAH 5 toU.S. 12, east along U.S. 12 to CSAH 17in Swift County, south along CSAH 17to CSAH 9 in Chippewa County, southalong CSAH 9 to STH 40, east alongSTH 40 to STH 29, then south alongSTH 29 to the point of beginning.

Lac qui Parle Zone: That areaencompassed by a line beginning at theintersection of U.S. Highway 212 andCounty State Aid Highway (CSAH) 27 inLac qui Parle County and extendingnorth along CSAH 27 to CSAH 20 in Lacqui Parle County, west along CSAH 20to State Trunk Highway (STH) 40, northalong STH 40 to STH 119, north alongSTH 119 to CSAH 34 in Lac qui ParleCounty, west along CSAH 34 to CSAH19 in Lac qui Parle County, north andwest along CSAH 19 to CSAH 38 in Lacqui Parle County, west along CSAH 38to U.S. 75, north along U.S. 75 to STH7, east along STH 7 to CSAH 6 in SwiftCounty, east along CSAH 6 to CountyRoad 65 in Swift County, south alongCounty 65 to County 34 in Chippewa


County, south along County 34 to CSAH12 in Chippewa County, east alongCSAH 12 to CSAH 9 in ChippewaCounty, south along CSAH 9 to STH 7,southeast along STH 7 to Montevideoand along the municipal boundary ofMontevideo to U.S. 212; then west alongU.S. 212 to the point of beginning.

Northwest Zone: That portion of thestate encompassed by a line extendingeast from the North Dakota border alongU.S. Highway 2 to State Trunk Highway(STH) 32, north along STH 32 to STH92, east along STH 92 to County StateAid Highway (CSAH) 2 in Polk County,north along CSAH 2 to CSAH 27 inPennington County, north along CSAH27 to STH 1, east along STH 1 to CSAH28 in Pennington County, north alongCSAH 28 to CSAH 54 in MarshallCounty, north along CSAH 54 to CSAH9 in Roseau County, north along CSAH9 to STH 11, west along STH 11 to STH310, and north along STH 310 to theManitoba border.

Special Canada Goose Seasons:Fergus Falls/Alexandria Zone: That

area encompassed by a line beginning atthe intersection of State Trunk Highway(STH) 55 and STH 28 and extendingeast along STH 28 to County State AidHighway (CSAH) 33 in Pope County,north along CSAH 33 to CSAH 3 inDouglas County, north along CSAH 3 toCSAH 69 in Otter Tail County, northalong CSAH 69 to CSAH 46 in Otter TailCounty, east along CSAH 46 to theeastern boundary of Otter Tail County,north along the east boundary of OtterTail County to CSAH 40 in Otter TailCounty, west along CSAH 40 to CSAH75 in Otter Tail County, north alongCSAH 75 to STH 210, west along STH210 to STH 108, north along STH 108to CSAH 1 in Otter Tail County, westalong CSAH 1 to CSAH 14 in Otter TailCounty, north along CSAH 14 to CSAH44 in Otter Tail County, west alongCSAH 44 to CSAH 35 in Otter TailCounty, north along CSAH 35 to STH108, west along STH 108 to CSAH 19 inWilkin County, south along CSAH 19 toSTH 55, then southeast along STH 55 tothe point of beginning.

MissouriSame zones as for ducks but in

addition:North ZoneSwan Lake Zone: That area bounded

by U.S. Highway 36 on the north,Missouri Highway 5 on the east,Missouri 240 and U.S. 65 on the south,and U.S. 65 on the west.

Middle ZoneSchell-Osage Zone: That portion of

the State encompassed by a lineextending east from the Kansas borderalong U.S. Highway 54 to MissouriHighway 13, north along Missouri 13 to

Missouri 7, west along Missouri 7 toU.S. 71, north along U.S. 71 to Missouri2, then west along Missouri 2 to theKansas border.

OhioSame zones as for ducks but in

addition:North ZonePymatuning Area: Pymatuning

Reservoir and that part of Ohio boundedon the north by County Road 306(known as Woodward Road), on thewest by Pymatuning Lake Road, and onthe south by U.S. Highway 322.

Lake Erie SJBP Zone: That portion ofthe state encompassed by a lineextending south from the Michiganborder along Interstate Highway 75 to I–280, south along I–280 to I–80, and eastalong I–80 to the Pennsylvania border.

TennesseeSouthwest Zone: That portion of the

State south of State Highways 20 and104, and west of U.S. Highways 45 and45W.

Northwest Zone: Lake, Obion andWeakley Counties and those portions ofGibson and Dyer Counties not includedin the Southwest Tennessee Zone.

Kentucky/Barkley Lakes Zone: Thatportion of the State bounded on thewest by the eastern boundaries of theNorthwest and Southwest Zones and onthe east by State Highway 13 from theAlabama border to Clarksville and U.S.Highway 79 from Clarksville to theKentucky border.

WisconsinHoricon Zone: That area encompassed

by a line beginning at the intersection ofState Highway 21 and the Fox River inWinnebago County and extendingwesterly along State 21 to the westboundary of Winnebago County,southerly along the west boundary ofWinnebago County to the northboundary of Green Lake County,westerly along the north boundaries ofGreen Lake and Marquette Counties toState 22, southerly along State 22 toState 33, westerly along State 33 to U.S.Highway 16, westerly along U.S. 16 toWeyh Road, southerly along Weyh Roadto County Highway O, southerly alongCounty O to the west boundary ofSection 31, southerly along the westboundary of Section 31 to the Sauk/Columbia County boundary, southerlyalong the Sauk/Columbia Countyboundary to State 33, easterly alongState 33 to Interstate Highway 90/94,southerly along I–90/94 to State 60,easterly along State 60 to State 83,northerly along State 83 to State 175,northerly along State 175 to State 33,easterly along State 33 to U.S. Highway45, northerly along U.S. 45 to the eastshore of the Fond Du Lac River,northerly along the east shore of the

Fond Du Lac River to Lake Winnebago,northerly along the western shoreline ofLake Winnebago to the Fox River, thenwesterly along the Fox River to State 21.

Collins Zone: That area encompassedby a line beginning at the intersection ofHilltop Road and Collins Marsh Road inManitowoc County and extendingwesterly along Hilltop Road to HumptyDumpty Road, southerly along HumptyDumpty Road to Poplar Grove Road,easterly and southerly along PoplarGrove Road to County Highway JJ,southeasterly along County JJ to CollinsRoad, southerly along Collins Road tothe Manitowoc River, southeasterlyalong the Manitowoc River to QuarryRoad, northerly along Quarry Road toEinberger Road, northerly alongEinberger Road to Moschel Road,westerly along Moschel Road to CollinsMarsh Road, northerly along CollinsMarsh Road to Hilltop Road.

Exterior Zone: That portion of theState not included in the Horicon orCollins Zones.

Mississippi River Subzone: That areaencompassed by a line beginning at theintersection of the Burlington NorthernRailway and the Illinois border in GrantCounty and extending northerly alongthe Burlington Northern Railway to thecity limit of Prescott in Pierce County,then west along the Prescott city limitto the Minnesota border.

Rock Prairie Subzone: That areaencompassed by a line beginning at theintersection of the Illinois border andInterstate Highway 90 and extendingnorth along I-90 to County Highway A,east along County A to U.S. Highway 12,southeast along U.S. 12 to StateHighway 50, west along State 50 to State120, then south along 120 to the Illinoisborder.

Central Flyway

Colorado (Central Flyway Portion)Northern Front Range Area: All lands

in Adams, Boulder, Clear Creek, Denver,Gilpin, Jefferson, Larimer, and WeldCounties west of I–25 from theWyoming border south to I–70; west onI–70 to the Continental Divide; northalong the Continental Divide to theJackson-Larimer County Line to theWyoming border.

South Park Area: Chaffee, Custer,Fremont, Lake, Park, and TellerCounties.

San Luis Valley Area: Alamosa,Conejos, Costilla, and Rio GrandeCounties and the portion of SaguacheCounty east of the Continental Divide.

North Park Area: Jackson County.Arkansas Valley Area: Baca, Bent,

Crowley, Kiowa, Otero, and ProwersCounties.


Remainder: Remainder of the Central-Flyway portion of Colorado.

KansasLight GeeseUnit 1: That portion of Kansas east of

KS 99.Unit 2: The remainder of Kansas.Dark GeeseMarais des Cygne Valley Unit: The

area is bounded by the Missouri borderto KS 68, KS 68 to U.S–169, U.S. 169 toKS 7, KS 7 to KS 31, KS 31 to U.S. 69,U.S. 69 to KS 239, KS 239 to theMissouri border.

South Flint Hills Unit: The area isbounded by Highways U.S. 50 to KS 57,KS 57 to U.S. 75, U.S. 75 to KS 39, KS39 to KS 96, KS 96 to U.S. 77, U.S. 77to U.S. 50.

Central Flint Hills Unit: That areasouthwest of Topeka bounded byHighways U.S. 75 to I–35, I–35 to U.S.50, U.S. 50 to U.S. 77, U.S. 77 to I–70,I–70 to U.S. 75.

Southeast Unit: That area of southeastKansas bounded by the Missouri borderto U.S. 160, U.S. 160 to U.S. 69, U.S. 69to KS 39, KS 39 to U.S. 169, U.S. 169to the Oklahoma border, and theOklahoma border to the Missouriborder.

Montana (Central Flyway Portion)Sheridan County: Includes all of

Sheridan County.Remainder: Includes the remainder of

the Central-Flyway portion of Montana.NebraskaDark GeeseNorth Unit: Keya Paha County east of

U.S. 183 and all of Boyd County,including the boundary waters of theNiobrara River, all of Knox County andthat portion of Cedar County west ofU.S. 81.

East Unit: The area east of a linebeginning at U.S. 183 at the northernState line; south to NE 2; east to U.S.281; south to the southern State line,excluding the North Unit.

West Unit: All of Nebraska west of theEast Unit.

Light GeeseNorth Unit: The area north of the

waters of the North Platte River from theWyoming line to the confluence of theSouth Platte River near North Platte,then eastward along the Platte River tothe Iowa border.

South Unit: The area south of theNorth Unit, excluding the RainwaterBasin Counties of Adams, Butler, Clay,Fillmore, Franklin, Gosper, Hall,Hamilton, Harland, Kearney, Nuckolls,Phelps, Polk, Saline, Seward, Thayer,and York Counties.

New Mexico (Central Flyway Portion)Light GeeseMiddle Rio Grande Valley Unit: The

Central-Flyway portions of Socorro andValencia Counties.

Remainder: The remainder of theCentral-Flyway portion of New Mexico.

North DakotaDark GeeseMissouri River Zone: That area

encompassed by a line extending fromthe South Dakota border north on U.S.83 and I–94 to ND 41, north to ND 53,west to U.S. 83, north to ND 23, west toND 37, south to ND 1804, southapproximately 9 miles to ElbowoodsBay on Lake Sakakawea, south and westacross the lake to ND 8, south to ND200, east to ND 31, south to ND 25,south to I–94, east to ND 6, south to theSouth Dakota border, and east to thepoint of origin.

Statewide: All of North Dakota.TexasWest Unit: That portion of the State

lying west of a line from theinternational toll bridge at Laredo; northalong I-35 and I-35W to Fort Worth;northwest along US 81 and US 287 toBowie; and north along US 81 to theOklahoma border.

East Unit: Remainder of State.Wyoming (Central Flyway Portion)Area 1: Albany, Campbell, Converse,

Crook, Johnson, Laramie, Natrona,Niobrara, Sheridan, and WestonCounties, and Carbon County east of theContinental Divide.

Area 2: Platte County.Area 3: Big Horn, Fremont, Hot

Springs, Park, and Washakie Counties.Area 4: Goshen County.

Pacific Flyway

ArizonaGMU 22 and 23: Game Management

Units 22 and 23.Remainder of State: The remainder of

Arizona.CaliforniaNortheastern Zone: That portion of

the State east and north of a linebeginning at the Oregon border; southand west along the Klamath River to themouth of Shovel Creek; south alongShovel Creek to Forest Service Road46N10; south and east along FS 46N10to FS 45N22; west and south along FS45N22 to U.S. 97 at Grass Lake Summit;south and west along U.S. 97 to I–5 atthe town of Weed; south along I–5 to CA89; east and south along CA 89 to thejunction with CA 49; east and north onCA 49 to CA 70; east on CA 70 to U.S.395; south and east on U.S. 395 to theNevada border.

Colorado River Zone: Those portionsof San Bernardino, Riverside, andImperial Counties east of a lineextending from the Nevada border southalong U.S. 95 to Vidal Junction; southon a road known as ‘‘Aqueduct Road’’in San Bernardino County through thetown of Rice to the San Bernardino-

Riverside County line; south on a roadknown in Riverside County as the‘‘Desert Center to Rice Road’’ to thetown of Desert Center; east 31 miles onI–10 to the Wiley Well Road; south onthis road to Wiley Well; southeast alongthe Army-Milpitas Road to the Blythe,Brawley, Davis Lake intersections; southon the Blythe-Brawley paved road to theOgilby and Tumco Mine Road; south onthis road to U.S. 80; east seven miles onU.S. 80 to the Andrade-Algodones Road;south on this paved road to the Mexicanborder at Algodones, Mexico.

Southern Zone: That portion ofsouthern California (but excluding theColorado River Zone) south and east ofa line extending from the Pacific Oceaneast along the Santa Maria River to CA166 near the City of Santa Maria; east onCA 166 to CA 99; south on CA 99 to thecrest of the Tehachapi Mountains atTejon Pass; east and north along thecrest of the Tehachapi Mountains to CA178 at Walker Pass; east on CA 178 toU.S. 395 at the town of Inyokern; southon U.S. 395 to CA 58; east on CA 58 toI–15; east on I–15 to CA 127; north onCA 127 to the Nevada border.

Balance-of-the-State Zone: Theremainder of California not included inthe Northeastern, Southern, and theColorado River Zones.

Del Norte and Humboldt Area: TheCounties of Del Norte and Humboldt.

Sacramento Valley Area: That areabounded by a line beginning at Willowsin Glenn County proceeding south on I–5 to Hahn Road north of Arbuckle inColusa County; easterly on Hahn Roadand the Grimes Arbuckle Road toGrimes on the Sacramento River;southerly on the Sacramento River tothe Tisdale Bypass to O’Banion Road;easterly on O’Banion Road to CA 99;northerly on CA 99 to the Gridley-Colusa Highway in Gridley in ButteCounty; westerly on the Gridley-ColusaHighway to the River Road; northerly onthe River Road to the Princeton Ferry;westerly across the Sacramento River toCA 45; northerly on CA 45 to CA 162;northerly on CA 45–162 to Glenn;westerly on CA 162 to the point ofbeginning in Willows.

Western Canada Goose Hunt Area:That portion of the above describedSacramento Valley Area lying east of aline formed by Butte Creek from theGridley-Colusa Highway south to theCherokee Canal; easterly along theCherokee Canal and North Butte Road toWest Butte Road; southerly on WestButte Road to Pass Road; easterly onPass Road to West Butte Road; southerlyon West Butte Road to CA 20; andwesterly along CA 20 to the SacramentoRiver.


San Joaquin Valley Area: That areabounded by a line beginning at Modestoin Stanislaus County proceeding weston CA 132 to I–5; southerly on I–5 toCA 152 in Merced County; easterly onCA 152 to CA 165; northerly on CA 165to CA 99 at Merced; northerly andwesterly on CA 99 to the point ofbeginning.

Colorado (Pacific Flyway Portion)Browns Park Area: The Browns Park

portion of Moffatt County.Delta/Montrose Area: All of Delta and

Montrose Counties.Gunnison/Saguache Area: Gunnison

County and that portion of SaguacheCounty west of the Continental Divide.

Dolores/Montezuma Area: All ofDolores and Montezuma Counties.

State Area: The remainder of thePacific-Flyway Portion of Colorado.

IdahoZone 1: Benewah, Bonner, Boundary,

Clearwater, Idaho, Kootenai, Latah,Lewis, Nez Perce, and ShoshoneCounties.

Zone 2: The Counties of Ada; Adams;Boise; Canyon; those portions of Elmorenorth and east of I–84, and south andwest of I–84, west of ID 51, except theCamas Creek drainage; Gem; Owyheewest of ID 51; Payette; Valley; andWashington.

Zone 3: The Counties of Blaine;Camas; Cassia; those portions of Elmoresouth of I–84 east of ID 51, and withinthe Camas Creek drainage; Gooding;Jerome; Lincoln; Minidoka; Owyhee eastof ID 51; Power within the MinidokaNational Wildlife Refuge; and TwinFalls.

Zone 4: The Counties of Bear Lake;Bingham within the Blackfoot Reservoirdrainage; Bonneville, Butte; Caribouexcept the Fort Hall Indian Reservation;Clark; Custer; Franklin; Fremont;Jefferson; Lemhi; Madison; Oneida;Power west of ID 37 and ID 39 exceptthe Minidoka National Wildlife Refuge;and Teton.

Zone 5: All lands and waters withinthe Fort Hall Indian Reservation,including private inholdings; BannockCounty; Bingham County, except thatportion within the Blackfoot Reservoirdrainage; and Power County east of ID37 and ID 39.

In addition, goose frameworks are setby the following geographical areas:

Northern Unit: Benewah, Bonner,Boundary, Clearwater, Idaho, Kootenai,Latah, Lewis, Nez Perce, and ShoshoneCounties.

Southwestern Unit: That area west ofthe line formed by U.S. 93 north fromthe Nevada border to Shoshone,northerly on ID 75 (formerly U.S. 93) toChallis, northerly on U.S. 93 to theMontana border (except the Northern

Unit and except Custer and LemhiCounties).

Southeastern Unit: That area east ofthe line formed by U.S. 93 north fromthe Nevada border to Shoshone,northerly on ID 75 (formerly U.S. 93) toChallis, northerly on U.S. 93 to theMontana border, including all of Custerand Lemhi Counties.

Montana (Pacific Flyway Portion)East of the Divide Zone: The Pacific-

Flyway portion of the State located eastof the Continental Divide.

West of the Divide Zone: Theremainder of the Pacific-Flyway portionof Montana.

NevadaClark County Zone: Clark County.Remainder-of-the-State Zone: The

remainder of Nevada.New Mexico (Pacific Flyway Portion)North Zone: The Pacific-Flyway

portion of New Mexico located north ofI–40.

South Zone: The Pacific-Flywayportion of New Mexico located south ofI–40.

OregonWestern Oregon: All counties west of

the summit of the Cascades, excludingKlamath and Hood River Counties.

Northwest Oregon General Zone:Those portions of Multnomah,Clackamas, Marion, Linn, and LaneCounties outside the Northwest OregonSpecial Permit Zone; except that, thatportion of Lane County west of Highway101 is closed to all Canada goosehunting.

Northwest Oregon Special PermitZone: That portion of western Oregonwest and north of a line starting at theColumbia River at Portland, south on I-5 to OR 22 at Salem, east on OR 22 tothe Stayton Cutoff, south on the StaytonCutoff to Stayton and straight south tothe Santiam River, west (downstream)along the north shore of the SantiamRiver to I-5, south on I-5 to OR 126 atEugene, west on OR 126 to GreenhillRd, south on Greenhill Rd to Crow Rd,west on Crow Rd to Territorial Hwy,north on Territorial Hwy to OR 126,west on OR 126 to OR 36, north on OR36 to Forest Road 5070 at Brickerville,west and south on Forest Road 5070 toOR 126, west on OR 126 to the PacificCoast.

Northwest Oregon Early-SeasonCanada Goose Zone: All of Benton,Clackamas, Clatsop, Columbia, Lane,Lincoln, Linn, Marion, Polk,Multnomah, Tillamook, Washington,and Yamhill Counties.

Southwest Oregon General Zone:Coos, Curry, Douglas, Joephine, andJackson Counties, except that thoseportions of Coos, Curr, and DouglasCounties west of US 101 are closed toall Canada goose hunting.

Eastern Oregon: All counties east ofthe summit of the Cascades, includingall of Klamath and Hood River Counties.

Harney, Klamath, Lake and MalheurCounties Zone: All of Harney, Klamath,Lake, and Malheur Counties.

Remainder of Eastern OregonCounties Zone: Eastern Oregon,excluding Harney, Klamath, Lake andMalheur Counties.

UtahWashington County Zone: All of

Washington County.Remainder-of-the-State Zone: The

remainder of Utah.WashingtonEastern Washington: All areas east of

the Pacific Crest Trail and east of the BigWhite Salmon River in Klickitat County.

Area 1: Lincoln, Spokane, and WallaWalla Counties; that part of GrantCounty east of a line beginning at theDouglas-Lincoln County Line on WA174, southwest on WA 174 to WA 155,south on WA 155 to US 2, southwest onUS 2 to Pinto Ridge Rd, south on PintoRidge Rd to WA 28, east on WA 28 tothe Stratford Rd, south on the StratfordRd to WA 17, south on WA 17 to theGrant-Adams county line; those parts ofAdams County east of State Highway 17;those parts of Franklin County east andsouth of a line beginning at the Adams-Franklin County line on WA 17, southon WA 17 to US 395, south on US 395to I-182, west o I-182 to the Franklin-Benton county line; those parts ofBenton County south of I-182 and I-82;and those parts of Klickitat County eastof U.S. Highway 97.

Area 2: All of Okanongan, Douglas,and Kittitas counties and those parts ofGrant, Adams, Franklin, and Bentoncounties not included in EasternWashington Goose Management Area 1.

Area 3: All other parts of easternWashington not included in EasternWashington Goose Management Areas 1and 2.

Western Washington: All areas westof the East Zone.

Area 1: Skagit, Island, and SnohomishCounties.

Area 2: Clark, Cowlitz, Pacific, andWahkiakum Counties.

Area 3: All parts of westernWashington not included in WesternWashington Goose Management Areas 1and 2.

Lower Columbia River Early-SeasonCanada Goose Zone: Beginning at theWashington-Oregon border on the I-5Bridge near Vancouver, Washington;north on I-5 to Kelso; west on Highway4 from Kelso to Highway 401; south andwest on Highway 401 to Highway 101at the Astoria-Megler Bridge; west onHighway 101 to Gray Drive in the Cityof Ilwaco; west on Gray Drive to Canby


Road; southwest on Canby Road to theNorth Jetty; southwest on the North Jettyto its end; southeast to the Washington-Oregon border; upstream along theWashington-Oregon border to the pointof origin.

Wyoming (Pacific Flyway Portion):See State Regulations.

Bear River Area: That portion ofLincoln County described in Stateregulations.

Salt River Area: That portion ofLincoln County described in Stateregulations.

Eden-Farson Area: Those portions ofSweetwater and Sublette Countiesdescribed in State regulations.

Swans

Central Flyway

South Dakota: Brown, Campbell,Clark, Codington, Deuel, Day, Edmunds,Faulk, Grant, Hamlin, Marshall,McPherson, Potter, Roberts, Spink, andWalworth.

Pacific Flyway

Montana (Pacific Flyway Portion)

Open Area: Cascade, Chouteau, Hill,Liberty, and Toole Counties and thoseportions of Pondera and Teton Countieslying east of U.S. 287-89.

NevadaOpen Area: Churchill, Lyon, and

Pershing Counties.UtahOpen Area: Those portions of Box,

Elder, Weber, Davis, Salt Lake, andToole Counties lying south of State Hwy30, I-80/84, west of I-15, and north of I-80.[FR Doc. 96–20848 Filed 8–14–96; 8:45 am]BILLING CODE 4310–55–F

fede

ral r

egiste

r

42525


Part VII

The PresidentNotice of August 14, 1996—Continuationof Emergency Regarding Export ControlRegulations

Presidential Documents

42527

Federal Register

Vol. 61, No. 159


Title 3—

The President

Notice of August 14, 1996

Continuation of Emergency Regarding Export ControlRegulations

On August 19, 1994, consistent with the authority provided me under theInternational Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),I issued Executive Order No. 12924. In that order, I declared a nationalemergency with respect to the unusual and extraordinary threat to the na-tional security, foreign policy, and economy of the United States in lightof the expiration of the Export Administration Act of 1979, as amended(50 U.S.C. App. 2401 et seq.). Because the Export Administration Act hasnot been renewed by the Congress, the national emergency declared onAugust 19, 1994, must continue in effect beyond August 19, 1996. Therefore,in accordance with section 202(d) of the National Emergencies Act (50U.S.C. 1622(d)), I am continuing the national emergency declared in Execu-tive Order No. 12924.

This notice shall be published in the Federal Register and transmittedto the Congress.

œ–THE WHITE HOUSE,August 14, 1996.

[FR Doc. 96–21020

Filed 8–14–96; 10:51 am]

Billing code 3195–01–P

i

Reader Aids Federal Register

Vol. 61, No. 159


CUSTOMER SERVICE AND INFORMATION

Federal Register/Code of Federal RegulationsGeneral Information, indexes and other finding

aids202–523–5227

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

Other ServicesElectronic and on-line services (voice) 523–4534Privacy Act Compilation 523–3187TDD for the hearing impaired 523–5229

ELECTRONIC BULLETIN BOARD

Free Electronic Bulletin Board service for Public Law numbers,Federal Register finding aids, and list of documents on publicinspection. 202–275–0920

FAX-ON-DEMAND

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, AUGUST

40145–40288......................... 140289–40504......................... 240505–40716......................... 540717–40948......................... 640949–41292......................... 741293–41482......................... 841483–41728......................... 941729–41948.........................1041949–42136.........................1342137–42370.........................1442371–42528.........................15

CFR PARTS AFFECTED DURING AUGUST

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 CFR

Executive Orders:10163 (Amended by

EO 13013)....................4148313013...............................41483Administrative Order

5 CFR

531...................................40949831...................................41714837...................................41714841...................................41714842...................................41714843...................................41714844...................................41714847...................................417141620.................................414852634.................................401452635.................................409502470.................................412932471.................................412932472.................................412932473.................................41293Ch. LIV.............................40500Ch. LXVI ..........................40505Proposed Rules:591...................................41746

7 CFR

19.....................................4237126.....................................4014551.....................................40289400...................................40952457...................................41297620...................................42137663...................................41949915...................................40290920...................................40506922...................................40954923...................................40954924.......................40954, 40956928...................................40146929...................................41729932...................................40507944...................................40507985...................................409591005.................................414881007.................................414881011.................................414881046.................................414881467.................................421371703.................................424624000.................................42371Proposed Rules:210...................................42396220.......................40481, 42396225...................................42396226.......................40481, 42396301 ..........40354, 40361, 41990319...................................40362457.......................41527, 41531911...................................40550

944...................................405501530.................................407491710.................................410251714.................................410251717.................................410251786.................................41025

8 CFR

217...................................41684Proposed Rules:3...........................40552, 41684103.......................40552, 41684212...................................40552235...................................40552236...................................40552242...................................40552287...................................40552292...................................40552292a.................................40552

9 CFR

78.....................................4173094.....................................40292317...................................42143

10 CFR

50.....................................41303Proposed Rules:25.....................................4055595.....................................40555430...................................41748434...................................40882435...................................40882490...................................41032

11 CFR

104...................................42371110...................................40961Proposed Rules:109...................................41036110...................................41036

12 CFR

26.....................................40293212...................................40293348...................................40293563...................................40293701...................................41312931...................................40311Proposed Rules:357...................................40756613...................................42091614...................................42091615...................................42901618...................................42901619...................................42901620...................................42901626...................................42901703...................................41750704...................................41750934...................................41535935...................................40364

ii Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Reader Aids

13 CFR

107...................................41496121...................................42376

14 CFR

17 (2 documents) ...........42396,42397

25..........................41949,4214439 ...........40313, 40511, 41951,

41953, 41955, 4195771 ...........40147, 40315, 40316,

40717, 40718, 40719, 40961,41684, 41735, 41736, 42146

39....................................41733,95.....................................4014897.........................40150, 40151Proposed Rules:Ch. 1 ................................4175023.....................................4168825 ............40710, 41688, 4192433.....................................4168839 ...........40159, 40758, 40760,

40762, 41037, 41039, 41537,41539, 41751, 41753, 41755,

41757, 4219571.....................................4036591.....................................4104093.....................................41040121...................................41040135...................................41040255.......................42197, 42208

15 CFR

679...................................40481774...................................41326799A ................................41326

16 CFR

1700.................................40317Proposed Rules:1507.................................41043

17 CFR

1.......................................414964.......................................42146211...................................40721

18 CFR

284...................................40962381...................................40722Proposed Rules:35.....................................41759284...................................41406

19 CFR

10.....................................4173712.....................................41737102...................................41737134...................................41737

20 CFR

348...................................42377404...................................41329

21 CFR

73.....................................40317101.......................40320, 40963136...................................40513137...................................40513139...................................40513175...................................42378177...................................42379178...................................42381179...................................42381184...................................40317

522.......................41498, 42383556...................................42383601...................................40153620...................................40153630...................................40153640...................................40153650...................................40153660...................................40153680...................................401531309.................................409811310.................................409811313.................................40981Proposed Rules:352...................................42398

22 CFR

126.......................41499, 41737602...................................40332

23 CFR

Proposed Rules:655...................................40484

24 CFR

103...................................41480111...................................41282115...................................41282982...................................421293500.................................41944

25 CFR

Proposed Rules:214...................................41365

26 CFR

1...........................40993, 4216531.....................................40993301...................................42178602...................................40993Proposed Rules:1.......................................4240131.....................................4240135a...................................42401301...................................42401502...................................42401503...................................42401509...................................42401513...................................42401514...................................42401516...................................42401517...................................42401517...................................42401520...................................42401521...................................42401Proposed Rules:1.......................................4240131.....................................4240135a...................................42401301...................................42401502...................................42401503...................................42401509...................................42401513...................................42401514...................................42401516...................................42401517...................................42401520...................................42401521...................................42401

27 CFR

252...................................41500290...................................41500Proposed Rules:4.......................................405685.......................................40568

7.......................................4056819.....................................4056820.....................................4056822.....................................4056824.....................................4056825.....................................4056827.....................................4056870.....................................40568250...................................40568251...................................40568252...................................42462290...................................42462

28 CFR29.....................................4072390.....................................40727

29 CFR4.......................................407145.......................................407141926.................................417382510.................................412204044.................................42384Proposed Rules:1.......................................403665.......................................40366102...................................40369

30 CFR203...................................40734735...................................40155937...................................40155950...................................40735Proposed Rules:250...................................41541936...................................40369

31 CFR211...................................41739Proposed Rules:344...................................40764

32 CFRProposed Rules:202...................................40764

33 CFR100 ..........40513, 42505, 41506110...................................40993117...................................40515154.......................41452, 42462156...................................41452157...................................41684165.......................40515, 40994Proposed Rules:165...................................40587

36 CFR

31.....................................40996211.................................415070Proposed Rules:7.......................................41058242...................................41060

37 CFR101...................................40997102...................................40997501...................................40997

38 CFRProposed Rules:1.......................................405893.......................................4136817.....................................41108

39 CFR111...................................42478

Proposed Rules:701...................................42219

40 CFR

3.......................................405005.......................................4133030.....................................4195951.........................40940, 4183852 ...........40516, 41331, 41335,

41338, 41342, 4183881.........................40516, 4134285.....................................40940122...................................41698180 ..........40337, 40338, 40340261...................................40519271.......................40520, 41345272...................................41345282...................................41507300...................................40523Proposed Rules:52 ...........40591, 40592, 41371,

4137259.....................................4016164.....................................4199170.........................41991, 4222271.....................................4199181 ............41371, 41759, 41764153...................................41764159...................................41764260...................................41111261.......................41111, 42318262...................................41111264...................................41111268...................................41111269...................................41111271.......................41111, 42318281...................................40592300 (2 documents) .........40371,

42402, 42404302...................................42318

41 CFR

50–201.............................4071450–206.............................40714101–11.............................41000101–35.............................41003101–43.............................41352101–46.............................41352201–23.............................40708201–24.............................40708Ch. 301 ............................40524

42 CFR

406...................................40343407...................................40343408...................................40343415...................................42385416...................................40343417...................................42385473...................................42385498...................................42385

43 CFR

4.......................................4034712.....................................40525Proposed Rules:3600.................................403733610.................................403733620.................................403733860.................................42407

44 CFR

64.........................40525, 4217965.....................................40527Proposed Rules:67.....................................40595

iiiFederal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Reader Aids

45 CFR1610.................................419601617.................................419631632.................................419641633.................................41965

46 CFR31.....................................4168435.....................................4168470.....................................40281108...................................40281133...................................40281168...................................40281199...................................40281572...................................40530Proposed Rules:10.....................................4120815.....................................41208

47 CFR1 ..............40155, 41006, 419662...........................41006, 4238615.....................................4100620.....................................4034824.....................................4100663.....................................4053164.....................................4218168.........................42181, 4238673 ...........40156, 40746, 41019,

42189, 42190, 4239490.....................................4074797.....................................41006Proposed Rules:20.....................................4037425.....................................4077232.........................40161, 4120864.........................40161, 4120873 ...........40774, 40775, 41114,

42228, 42229, 42230, 42412,

42413

48 CFR

Ch. 1....................41466, 414772.......................................414675.......................................414677.......................................414678.......................................414679...........................41467, 4147212.....................................4146715.....................................4146716.....................................4146717.....................................4146719.....................................4146722.....................................4146723.....................................4147325.....................................4147531.....................................4147632.....................................4146733.....................................4146734.....................................4146737.....................................4146738.....................................4146739.....................................4146745.....................................4146746.....................................4146751.....................................4146752.........................41467, 4147353.....................................41467506...................................42190547...................................42190552.......................42190, 46462901...................................41702905...................................41702906...................................41702908...................................41702909...................................41684915...................................41702916...................................41702

917...................................41702922...................................41702928...................................41702932...................................41702933...................................41702935...................................41702936...................................41702942...................................41702945...................................41702952...................................41702971...................................417021801.................................405331802.................................405331803.................................405331804.................................405331805.................................405331806.................................405331825.................................423941852.................................40533Proposed Rules:1.......................................412124...........................41212, 412145.......................................412127.......................................4028412.....................................4121414.....................................4121215.........................40284, 4121416.........................40284, 4121425.....................................4121431.....................................4121436.....................................4121237.....................................4028446.........................40284, 4121452.........................40284, 41214909...................................40775952...................................40775970...................................40775

49 CFR

192...................................41019544...................................41985571.......................41355, 41510Proposed Rules:361...................................40781362...................................40781363...................................40781364...................................40781385...................................40781386...................................40781391...................................40781393...................................40781571 ..........40784, 41510, 417641002.................................42190

50 CFR

13.....................................4048114.....................................4048117.....................................4102020.....................................42492222...................................41514285...................................40352660.......................40156, 40157679 .........40158, 40353, 40748,

41024, 41363, 41523, 41744Proposed Rules:20 ............42495, 42500, 4250630.....................................41115100...................................41060216...................................40377217...................................41116222.......................41116, 41541227...................................40810300...................................41987622...................................42413660...................................41988679...................................40380

iv Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Reader Aids

REMINDERSThe items in this list wereeditorially compiled as an aidto Federal Register users.Inclusion or exclusion fromthis list has no legalsignificance.

RULES GOING INTOEFFECT TODAY

AGRICULTUREDEPARTMENTLicensing Department

inventions; CFR partremoved; published 8-15-96

Organization, functions, andauthority delegations:Economics Management

Staff; CFR part removed;published 8-15-96

COMMERCE DEPARTMENTNational Oceanic andAtmospheric AdministrationFishery conservation and

management:Bering Sea and Aleutian

Islands groundfish;published 7-30-96

ENVIRONMENTALPROTECTION AGENCYAir quality implementation

plans; approval andpromulgation; variousStates:Pennsylvania; published 6-4-

96FEDERALCOMMUNICATIONSCOMMISSIONRadio stations; table of

assignments:North Carolina; published 8-

15-96HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationAnimal drugs, feeds, and

related products:New drug applications--

Florfenicol solution;published 8-15-96

Food additives:Adhesive coatings and

components--Dimethyl 1,4-

cyclohexanedicarboxylate; published8-15-96

Polymers--Polyaryletherketone resins;

published 8-15-96Food for human consumption:

Irradiation in production,processing, and handlingof food; published 8-15-96

HEALTH AND HUMANSERVICES DEPARTMENTHealth Care FinancingAdministrationMedicare:

Interest expense andincome from zero couponbonds; reporting byproviders; published 7-16-96

INTERIOR DEPARTMENTLand Management BureauMinerals management:

Mining laws; use andoccupancy; published 7-16-96

NATIONAL AERONAUTICSAND SPACEADMINISTRATIONAcquisition regulations:

Japanese products andservices; published 8-15-96

RAILROAD RETIREMENTBOARDRailroad Unemployment

Insurance Act:Representative payee

program administration;published 8-15-96

SECURITIES ANDEXCHANGE COMMISSIONSecurities:

Ownership reports andtrading by officers,directors, and principalsecurities holders (insidertrading); published 6-14-96

SMALL BUSINESSADMINISTRATIONSmall business size standards;

Nonmanufacturer rule;waivers--Metal bars and rods;

published 8-15-96

TRANSPORTATIONDEPARTMENTFederal AviationAdministrationClass C airspace; published 5-

28-96Class D airspace; published 5-

28-96Class D and Class E

airspace; published 5-13-96Class E airspace; published 4-

24-96Class E airspace; correction;

published 6-25-96Colored Federal airways;

published 6-13-96Federal airways and jet

routes; published 6-13-96IFR altitudes; published 7-17-

96Jet routes; published 6-13-96Restricted areas; published 5-

24-96Standard instrument approach

procedures; published 7-19-96

VOR Federal airways;published 6-19-96

COMMENTS DUE NEXTWEEK

AGRICULTUREDEPARTMENTAgricultural MarketingServiceMilk marketing orders:

Carolina et al.; commentsdue by 8-19-96; published7-18-96

Nectarines and peachesgrown in California;comments due by 8-21-96;published 7-22-96

Oranges and grapefruit grownin Texas; comments due by8-21-96; published 7-22-96

Oranges, grapefruit,tangerines, and tangelosgrown in Florida; commentsdue by 8-23-96; published7-24-96

AGRICULTUREDEPARTMENTAnimal and Plant HealthInspection ServiceHawaiian and territorial

quarantine notices:Papaya, carambola, and

litchi; comments due by8-22-96; published 7-23-96

Plant-related quarantine,domestic:Mediterranean fruit fly;

comments due by 8-19-96; published 6-19-96

AGRICULTUREDEPARTMENTFood and Consumer ServiceChild nutrition programs:

National school lunch,school breakfast, childand adult care food, andsummer food serviceprograms--Meat alternates;


COMMERCE DEPARTMENTInternational TradeAdministrationWatches duty exemption

program:Duty-exemption entitlement

allocations in VirginIslands, Guam, AmericanSamoa, and NorthernMariana Islands;comments due by 8-21-96; published 7-22-96

COMMERCE DEPARTMENTNational Oceanic andAtmospheric AdministrationInternational Code of Conduct

for Responsible Fisheriesimplementation plan;availability; comments due

by 8-23-96; published 7-25-96

DEFENSE DEPARTMENTArmy DepartmentEnvironmental analysis of

army actions; commentsdue by 8-21-96; published7-22-96

DEFENSE DEPARTMENTAcquisition regulations:

U.S. European Command(EUCOM) supplement;comments due by 8-19-96; published 6-20-96

Federal Acquisition Regulation(FAR):Commercial items contracts

and subcontracts; costaccounting standardsexemption; comments dueby 8-20-96; published 6-21-96

Contracts, fixed-priced;performance incentives;comments due by 8-19-96; published 6-20-96

Costs related to legal/otherproceedings; commentsdue by 8-19-96; published6-20-96

Drug-free workplace;certification requirements;comments due by 8-19-96; published 6-20-96

Foreign selling costs;comments due by 8-19-96; published 6-20-96

Historically black collegesand universities/minorityinstitutions; collection ofaward data; commentsdue by 8-19-96; published6-20-96

Independent research anddevelopment/bid andproposal in cooperativearrangements; commentsdue by 8-19-96; published6-20-96

Irrevocable letters of creditand alternatives to MillerAct bonds; comments dueby 8-19-96; published 6-20-96

North American Free TradeAgreement ImplementationAct; implementation;comments due by 8-19-96; published 6-20-96

Preaward debriefings;comments due by 8-23-96; published 6-24-96

ENERGY DEPARTMENTAcquisition regulations:

Management and operatingcontracts--Contract reform initiative;

implementation;comments due by 8-23-96; published 6-24-96

Contract reform initiative;implementation;

vFederal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Reader Aids


Performance-basedmanagementcontracting, fines,penalties, etc.;comments due by 8-23-96; published 7-25-96

ENVIRONMENTALPROTECTION AGENCYAir pollutants, hazardous;

national emission standards:Industrial Combustion

Coordinated RulemakingAdvisory Committee--Establishment; comments

due by 8-20-96;published 6-21-96

Air programs:Stratospheric ozone

protection--Fire extinguishers

containing hydrochlorofluorocarbons (HCFCs);ban reconsideration;comments due by 8-19-96; published 7-18-96

Air quality implementationplans; approval andpromulgation; variousStates:California; comments due by

8-19-96; published 7-18-96

Louisiana; comments due by8-21-96; published 7-22-96

Oregon; comments due by8-19-96; published 7-18-96

Tennessee; comments dueby 8-19-96; published 7-18-96

Washington; comments dueby 8-22-96; published 7-23-96

Pesticides; tolerances in food,animal feeds, and rawagricultural commodities:Avermectin B1 and its delta-

8,9-isomer; comments dueby 8-23-96; published 7-24-96

N-acyl sarcosines andsodium n-acylsarcosinates; commentsdue by 8-23-96; published7-24-96

Polybutene; comments dueby 8-23-96; published 7-24-96

Vinyl alcohol-vinyl acetatecopolymer, benzaldehyde-o-sodium sulfonatecondensate; commentsdue by 8-19-96; published7-18-96

Solid wastes:Hazardous waste

combustors, etc.;maximum achievable

control technologiesperformance standards;comments due by 8-19-96; published 5-30-96

Superfund program:National oil and hazardous

substances contingencyplan--National priorities list

update; comments dueby 8-21-96; published7-22-96

National priorities listupdate; comments dueby 8-21-96; published7-22-96

FEDERALCOMMUNICATIONSCOMMISSIONRadio stations; table of

assignments:Texas; comments due by 8-

19-96; published 7-3-96FEDERAL DEPOSITINSURANCE CORPORATIONDeposit insurances rules;

simplification; comments dueby 8-20-96; published 5-22-96

GENERAL SERVICESADMINISTRATIONFederal Acquisition Regulation

(FAR):Commercial items contracts









North American Free TradeAgreement Implementation

Act; implementation;comments due by 8-19-96; published 6-20-96


HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationMedical devices:

Latex condoms; expirationdate; labelingrequirements; commentsdue by 8-22-96; published5-24-96

HEALTH AND HUMANSERVICES DEPARTMENTHealth Care FinancingAdministrationMedicare and Medicaid:

Provider appeals; technicalamendments; commentsdue by 8-23-96; published6-24-96

INTERIOR DEPARTMENTFish and Wildlife ServiceMigratory bird hunting:

Annual hunting regulations;and special youthwaterfowl hunting dayestablishment; commentsdue by 8-23-96; published8-15-96

INTERIOR DEPARTMENTWatches duty exemption

program:Duty-exemption entitlement

allocations in VirginIslands, Guam, AmericanSamoa, and NorthernMariana Islands;comments due by 8-21-96; published 7-22-96

INTERIOR DEPARTMENTMinerals ManagementServiceOuter Continental Shelf; oil,

gas, and sulphur operations:Unitization; model unit

agreements; commentsdue by 8-19-96; published8-9-96

Royalty management:Federal leases; natural gas

valuation regulations;amendments; commentsdue by 8-19-96; published7-22-96

INTERIOR DEPARTMENTNational Park ServiceBoating and water use

activities:Prohibited operations;


INTERIOR DEPARTMENTSurface Mining Reclamationand Enforcement OfficePermanent program and

abandoned mine land

reclamation plansubmissions:Texas; comments due by 8-

23-96; published 7-24-96JUSTICE DEPARTMENTGrants:

Juvenile Justice andDelinquency PreventionOffice formula grants;comments due by 8-19-96; published 7-3-96

Privacy Act; implementation;comments due by 8-19-96;published 7-18-96

JUSTICE DEPARTMENTPrisons BureauInmate control, custody, care,

etc.:Records access and

information release;comments due by 8-20-96; published 6-21-96

NATIONAL AERONAUTICSAND SPACEADMINISTRATIONFederal Acquisition Regulation

(FAR):Commercial items contracts









North American Free TradeAgreement ImplementationAct; implementation;comments due by 8-19-96; published 6-20-96


vi Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / Reader Aids

TRANSPORTATIONDEPARTMENTCoast GuardDrawbridge operations:

New Jersey; comments dueby 8-20-96; published 6-21-96

Ports and waterways safety:Lower Hudson River, NY;

safety zone; commentsdue by 8-20-96; published8-5-96

TRANSPORTATIONDEPARTMENTAviation economic regulations:

Large certificated aircarriers; passenger origin-destination survey reports;


TRANSPORTATIONDEPARTMENTFederal AviationAdministrationAir traffic operating and flight

rules:Rocky Mountain National

Park, CO; special flightrules in vicinity; commentsdue by 8-19-96; published7-23-96

Airworthiness directives:Jetstream; comments due

by 8-19-96; published 7-10-96

McDonnell Douglas;comments due by 8-19-96; published 7-10-96

Class D airspace; commentsdue by 8-19-96; published6-19-96

Class E airspace; commentsdue by 8-19-96; published6-19-96

Organization, functions, andauthority delegations:Commercial Space

Transportation; CFRchapter III name change;comments due by 8-21-96; published 7-22-96

TRANSPORTATIONDEPARTMENTSurface TransportationBoardPractice and procedure:

Rail rate reasonableness,exemption and revocation

proceedings; expeditedprocedures; commentsdue by 8-21-96; published7-26-96

VETERANS AFFAIRSDEPARTMENT

Practice and procedure;

Disinterments in nationalcemeteries

Immediate family memberdefinition; revision;comments due by 8-19-96; published 6-20-96

FR-1996-08-15.pdf - Govinfo.gov

Documents

Transcript of FR-1996-08-15.pdf - Govinfo.gov